{
  "url": "https://openlegislation.uk/marriage-act-1949/section-5",
  "json_url": "https://openlegislation.uk/marriage-act-1949/section-5.json",
  "legislation": "ukpga/Geo6/12-13-14/76",
  "legislation_title": "Marriage Act 1949",
  "legislation_url": "https://openlegislation.uk/marriage-act-1949",
  "path": "section/5",
  "kind": "section",
  "number": "5",
  "heading": "Methods of authorising marriages.",
  "text": "(1) A marriage according to the rites of the Church of England may be solemnized—\n(a) after the publication of banns of matrimony;\n(b) on the authority of a special licence of marriage granted by the Archbishop of Canterbury or any other person by virtue of the Ecclesiastical Licences Act, 1533 (in this Act referred to as a “special licence”);\n(c) 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\n(d) on the authority of a marriage schedule under Part III of this Act.\n(2) 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.\n(3) In a case where one or both of the persons whose marriage is to be solemnized is not a relevant national—\n(a) 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);\n(b) subsection (1)(c) shall not apply.",
  "extent": "E+W",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Words added by Marriage (Prohibited Degrees of Relationship) Act 1986 (c. 16, SIF 49:1), s. 1(4)(6), Sch. 1 para. 3"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F5",
      "text": "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)"
    },
    {
      "type": "M",
      "label": "M1",
      "text": "1533 c. 21."
    },
    {
      "type": "C",
      "label": "C1",
      "text": "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"
    },
    {
      "type": "C",
      "label": "C2",
      "text": "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"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/Geo6/12-13-14/76/section/5",
    "retrieved_at": "2026-10-29T11:20:09.980125+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}