Section 5 Methods of authorising marriages.
England and Wales
A marriage according to the rites of the Church of England may be solemnized—
after the publication of banns of matrimony;
on the authority of a special licence of marriage granted by the Archbishop of Canterbury or any other person by virtue of the M1Ecclesiastical Licences Act, 1533 (in this Act referred to as a “special licence”);
on the authority of a licence of marriage (other than a special licence) granted by an ecclesiastical authority having power to grant such a licence (in this Act referred to as a “common licence”); or
on the authority of F2a marriage schedule under Part III of this Act.
Subsection (1)(a) of this section shall not apply in relation to the solemnization of any marriage mentioned in subsection (2) of section 1 of this Act.
In a case where one or both of the persons whose marriage is to be solemnized is not a relevant national—
subsection (1)(a) shall not apply unless the banns are published in accordance with section 14 (whether or not the banns are also published otherwise);
subsection (1)(c) shall not apply.
Annotations
Textual amendments
- F1
S. 5(1): s. 5 renumbered as s. 5(1) (2.3.2015) by Immigration Act 2014 (c. 22), ss. 57(2)(a), 75(3); S.I. 2015/371, art. 2(2) (with art. 5)
- F2
Words in s. 5(1)(d) substituted (4.5.2021) by The Registration of Marriages Regulations 2021 (S.I. 2021/411), reg. 1(2), Sch. 1 para. 2 (with Sch. 2)
- F3
Words added by Marriage (Prohibited Degrees of Relationship) Act 1986 (c. 16, SIF 49:1), s. 1(4)(6), Sch. 1 para. 3
- F4
Words in s. 5(2) substituted (2.3.2015) by Immigration Act 2014 (c. 22), ss. 57(2)(b), 75(3); S.I. 2015/371, art. 2(2) (with art. 5)
- F5
S. 5(3) inserted (2.3.2015) by Immigration Act 2014 (c. 22), ss. 57(2)(c), 75(3); S.I. 2015/371, art. 2(2) (with art. 5)
Marginal citations
- M1
Modifications
- C1
S. 5(3)(a) excluded (31.12.2020) by The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1309), reg. 1(2), Sch. 5 para. 3
- C2
S. 5(3)(b) excluded (31.12.2020) by The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1309), reg. 1(2), Sch. 5 para. 4
Notes on Part II
Modifications
- C1
Pt. II applied by Sharing of Church Buildings Act 1969 (c. 38), s. 6(2)