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Marriage Act 1983 in Northern Ireland

1983 c. 32 · Enacted 13 May 1983 · Extends to England, Wales and Northern Ireland

Up to date with all changes known to legislation.gov.uk, revised to 4 May 2021.

An Act to enable marriages of house-bound and detained persons to be solemnized at the place where they reside; and for connected purposes.

[13th May 1983]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Contents

  1. 2Consequential amendments of enactments.
  2. Marriages in Northern Ireland
  3. 3Marriages of house-bound and detained persons in Northern Ireland. Repealed
  4. 4Issue of licence by Registrar General. Repealed
  5. 5Solemnization of marriage pursuant to Registrar General’s licence. Repealed
  6. 6Void marriages. Repealed
  7. 7Offences. Repealed
  8. 8Application of Marriage Acts. Repealed
  9. 9Fees. Repealed
  10. 10Regulations. Repealed
  11. 11Interpretation and savings (Northern Ireland). Repealed
  12. General
  13. 12Citation, commencement, etc.
  14. Schedule 1: Amendment of Marriage Act 1949
  15. 9Paragraph 9
  16. Schedule 2: Application etc. of Marriage Acts in Northern Ireland
  17. Part: THE MARRIAGES (IRELAND) ACT 1844 (c.81)
  18. 1Paragraph 1
  19. 2Paragraph 2
  20. 3Paragraph 3
  21. 4Paragraph 4
  22. 5Paragraph 5
  23. 6Paragraph 6
  24. 7Paragraph 7
  25. 8Paragraph 8
  26. 9Paragraph 9
  27. 10Paragraph 10
  28. Part: THE MARRIAGES (IRELAND) ACT 1846 (c.72)
  29. 11Paragraph 11
  30. Part: THE MARRIAGE LAW (IRELAND) AMENDMENT ACT 1863 (c.27)
  31. 12Paragraph 12
  32. 13Paragraph 13
  33. 14Paragraph 14
  34. 15Paragraph 15
  35. Part: THE REGISTRATION OF MARRIAGES (IRELAND) ACT 1863 (c.90)
  36. 16Paragraph 16

2Consequential amendments of enactments.

(1)

Any reference in the M1Registration Service Act 1953 to the Marriage Act 1949 includes a reference to that Act as amended by this Act.

(2)

In Schedule 3 to the M2Public Expenditure and Receipts Act 1968 (variation of fees payable under certain enactments) the reference to the Marriage Act 1949 includes a reference to that Act as amended by this Act.

(3)

At the end of subsection (2) of section 1 of the M3Marriage (Registrar General’s Licence) Act 1970 (restrictions on Registrar General’s power to issue licences under subsection (1) of that section) there shall be added the words “(disregarding for this purpose the provisions of that Act relating to marriages in pursuance of section 26(1)(dd) of that Act)”.

(4)

In section 11 of the M4Matrimonial Causes Act 1973 (void marriages) for the words in paragraph (a) “the Marriages Acts 1949 to 1970” there shall be substituted the words “the Marriage Acts 1949 to 1983”.

3Marriages of house-bound and detained persons in Northern Ireland.F1 N.I.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4Issue of licence by Registrar General.F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5Solemnization of marriage pursuant to Registrar General’s licence.F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6Void marriages.F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7Offences.F1

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8Application of Marriage Acts.F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9Fees.F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10Regulations.F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

11Interpretation and savings (Northern Ireland).F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

12Citation, commencement, etc.

(1)

This Act may be cited as the Marriage Act 1983 and this Act as it extends to England and Wales and the Marriages Acts 1949 to 1970 may be cited as the Marriage Acts 1949 to 1983.

(2)

F1Sections 3 to 11 above shall be construed as one with the Acts relating to marriage in Northern Ireland.

(3)

Nothing in this Act shall affect any law or custom relating to the marriage of members of the Royal Family.

(4)

Nothing in this Act shall affect the right of the Archbishop of Canterbury or any other person by virtue of the M1Ecclesiastical Licences Act 1533 to grant special licences to marry at any convenient time or place or affect the validity of any marriage solemnized on the authority of such a licence.

C1(5)

This Act shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint, and different days may be appointed for different purposes.

(6)

This Act shall not extend to Scotland.

(7)

Sections 1 and 2 above and Schedule 1 to this Act, except paragraph 9, shall not extend to Northern Ireland and sections 3 to 11 above and Schedule 2 to this Act, except paragraph 11, shall not extend to England and Wales.

9

In section 38(2) (notice of marriage given in Northern Ireland) for the words “church or other building in which” there shall be substituted the words “place where”.

1 N.I.

Section 14 (marriage notice book) shall apply to a notice under section 3(2) of this Act as it applies to a notice under section 13 of that Act.

2 N.I.

Section 16 (certificate of entry in marriage notice book of notice under section 13) shall not apply to a notice entered in the marriage notice book under section 14 as applied by paragraph 1 above.

3 N.I.

Section 18 (forbidding the issue of a registrar’s certificate) shall apply to the issue of a licence by the Registrar General under section 4 of this Act as it applies to the issue of a registrar’s certificate under that Act.

4 N.I.

Section 23 (caveat against issue of certificate or licence by registrar) shall apply to the issue of a licence by the Registrar General under section 4 of this Act as it applies to the grant of a certificate or licence under that Act, but as if—

(a)

for the word “registrar” (wherever it occurs) there were substituted the words “Registrar General”;

(b)

for the words from “provided that” onwards there were substituted the following subsection—

“(2)

The decision of the Registrar General under this section, as applied by Schedule 2 to the Marriage Act 1983, shall be final.”.

5 N.I.

Section 25 (new notice required if marriage not solemnized within three months) shall apply to a notice under section 3(2) of this Act and to the Registrar General’s licence as it applies to a notice, certificate and licence under that Act.

6 N.I.

Section 31 (fee payable to registrar) shall apply to a marriage solemnized in pursuance of section 3 of this Act and to the Registrar General’s licence as it applies to a marriage solemnized under that Act and to a licence under that Act.

7 N.I.

Section 32 (proof of certain matters not necessary to establish a marriage) shall apply to a marriage solemnized in pursuance of section 3 of this Act as it applies to a marriage solemnized under that Act, but as if the words from “and where a marriage shall have been solemnized” to “where such production is required by this Act” were omitted.

8 N.I.

Section 43 (civil liability of persons vexatiously entering caveats) shall apply to a caveat against the grant of a licence by the Registrar General under section 4 of this Act as it applies to a caveat against the grant of a licence under that Act.

9 N.I.

Sections 45, 46 and 49 (offences and void marriages) shall not apply to a marriage solemnized on the authority of the Registrar General’s licence.

10 N.I.

(1)

Section 66 (registration of marriages) shall, subject to sub-paragraph (2), apply to a marriage solemnized in pursuance of section 3 of this Act as it applies to a marriage solemnized in the office of a registrar but as if for the words “form in schedule (G.)” there were substituted the words “prescribed form”.

(2)

Section 66 shall not apply to a marriage solemnized in accordance with the rites of the Roman Catholic Church.

11

In section 1 (notice of marriage given in England) for the words “church or other building in which” there shall be substituted the words “place where”.

12 N.I.

Section 2 and Schedule (A) (form of notice of intended marriage given to registrar under that Act) shall, subject to such modifications as the Department may prescribe, apply to a notice under section 3(2) of this Act as they apply to a notice under that Act.

13 N.I.

Section 3 (procedure after notice of intended marriage is given to the registrar) shall apply to a notice under section 3(2) of this Act as it applies to a notice under that Act—

(a)

but as if the amendment of section 3 set out in section 41 of the M1Matrimonial Causes and Marriage Law (Ireland) Amendment Act 1870 were omitted; and

(b)

subject to such other modifications as the Department may prescribe.

14 N.I.

Section 4 (declaration by party intending marriage under that Act) shall apply to a party intending marriage in pursuance of section 3 of this Act as it applies to a party intending marriage under that Act, but as if—

(a)

for any reference to the notice required by that Act there were substituted a reference to the notice required by section 3(2) of this Act;

(b)

the words from “and that the parties to the said marriage have” to “meeting-house named in such notice” were omitted;

(c)

the words “in case the marriage is intended to be had without licence” were omitted;

(d)

the words from “or in case such marriage” to “such notice shall be so given” were omitted;

(e)

for the words “certificate or licence for marriage shall be issued or granted” there shall be substituted the words “licence shall be issued by the Registrar General under the Marriage Act 1983”.

15 N.I.

Schedule (B) (form of declaration by party to intended marriage under that Act) shall apply to an intended marriage in pursuance of section 3 of this Act as it applies to an intended marriage under that Act, but as if the words from “and that we the above named” to “County of” (where first occurring) were omitted.

16

Section 11 shall apply to a marriage solemnized in pursuance of section 3 of this Act, but only if it is solemnized according to the rites of the Roman Catholic Church and, in its application to such a marriage, shall have effect as if for the words “according to the form A in the schedule hereunto annexed” there were substituted the words “in the prescribed form” and for the words “the said schedule” there were substituted the words “the said form”.