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Section 26 Marriage of a man and a woman; marriage of same sex couples for which no opt-in necessaryF1

England and Wales

(1)

The following marriages may be solemnized on the authority of F2a marriage schedule—

(a)

a marriage of a man and a woman, in a building registered under section 41, according to such form and ceremony as the persons to be married see fit to adopt;

(b)

a marriage of any couple in the office of a superintendent registrar;

(bb)

a marriage of any couple on approved premises;

(c)

a marriage of a man and a woman according to the usages of the Society of Friends (commonly called Quakers);

(d)

a marriage between a man and a woman professing the Jewish religion according to the usages of the Jews;

(dd)

a qualifying residential marriage;

(e)

a marriage of a man and a woman according to the rites of the Church of England in any church or chapel in which banns of matrimony may be published.

(2)

In this section “qualifying residential marriage” means—

(a)

the marriage of a man and a woman (other than a marriage in pursuance of subsection (1)(c) or (d) above), one or each of whom is house-bound or a detained person, at the usual place of residence of the house-bound or detained person or persons, or

(b)

the marriage of a same sex couple (other than a marriage according to the rites of the Church of England or other religious rites or usages), one or each of whom is house-bound or a detained person, at the usual place of residence of the house-bound or detained person or persons.

Annotations

Textual amendments

F1

S. 26 substituted (13.3.2014) by Marriage (Same Sex Couples) Act 2013 (c. 30), ss. 3, 21(3) (with Sch. 7 para. 1); S.I. 2014/93, art. 3(a)

F2

Words in s. 26(1) substituted (4.5.2021) by The Registration of Marriages Regulations 2021 (S.I. 2021/411), reg. 1(2), Sch. 1 para. 11(a) (with Sch. 2)

Notes on Part III

Textual amendments

F1

Words in Pt. 3 heading substituted (4.5.2021) by The Registration of Marriages Regulations 2021 (S.I. 2021/411), reg. 1(2), Sch. 1 para. 9 (with Sch. 2)

Modifications

C1

Pt. III applied (S.) as to issue of certificates for marriage by Marriage (Scotland) Act 1956 (c. 70), s. 1(3)

C2

Pt. 3 applied (13.3.2014) by Marriage (Same Sex Couples) Act 2013 (c. 30), ss. 1(2)(a), 21(3); S.I. 2014/93, art. 3(a)

Notes on Issue of a marriage schedule

Textual amendments

F1

Words in s. 26 cross-heading substituted (4.5.2021) by The Registration of Marriages Regulations 2021 (S.I. 2021/411), reg. 1(2), Sch. 1 para. 10 (with Sch. 2)