The Registration of Marriages (Amendment) Regulations 1997

Made: 9th September 1997

Coming into force: 1st October 1997

The Registrar General, in exercise of the powers conferred on him by sections 27(1) and (2), 31(2) and (5), 32(2) and (4) and 74(b) of the Marriage Act 1949[^f00001], as extended by section 26(3) of the Welsh Language Act 1993[^f00002] and of all other powers enabling him in that behalf, with the approval of the Chancellor of the Exchequer[^f00003], hereby makes the following Regulations:—

Citation and commencement

1

These Regulations may be cited as the Registration of Marriages (Amendment) Regulations 1997 and shall come into force on 1st October 1997.

Amendment of the Registration of Marriages Regulations 1986

2

In the Registration of Marriages Regulations 1986[^f00004] in Schedule 1 (prescribed forms) for forms 1 (notice of marriage without licence), 2 (notice of marriage with licence), 9 (certificate for marriage), 10 (certificate and licence for marriage) and 12 (instructions for the solemnization of a marriage in a registered building without the presence of a registrar) there shall be substituted respectively the forms 1, 2, 9, 10 and 12 in Schedule 1 to these Regulations.

Amendment of the Registration of Marriages (Welsh Language) Regulations 1986

3

In the Registration of Marriages (Welsh Language) Regulations 1986[^f00005] in Schedule 1 (prescribed forms) for forms 1 (notice of marriage without licence), 2 (notice of marriage with licence), 6 (certificate for marriage), 7 (certificate and licence for marriage) and 8 (instructions for the solemnization of a marriage in a registered building without the presence of a registrar) there shall be substituted respectively the forms 1, 2, 6, 7 and 8 in Schedule 2 to these Regulations.

Transitional provision

4

Regulations 2 and 3 of these Regulations shall not apply in relation to a marriage in respect of which the notice of marriage was entered in the marriage notice book before the day on which these Regulations come into force.

SCHEDULE 1

Form 1

NOTICE OF MARRIAGE WITHOUT LICENCE

Regulation 3(a) Marriage Act 1949, s.27(1)

Form 2

NOTICE OF MARRIAGE WITH LICENCE

Regulation 3(b) Marriage Act 1949, s.27(2)

Form 9

CERTIFICATE FOR MARRIAGE

Regulation 7(1) Marriage Act 1949, s.31(2)

Form 10

CERTIFICATE AND LICENCE FOR MARRIAGE

Regulation 7(2) Marriage Act 1949, s.32(2)

Instructions for the solemnization of a marriage in a registered building without the presence of a registrar

1

This marriage must take place in the registered building named in the superintendent registrar’s certificate or superintendent registrar’s certificates for marriage, and nowhere else.

2

The authorised person duly appointed for the registered building named in the certificate or certificates, or an authorised person for some other registered building in the same registration district, must be present at the marriage.

3

At least two witnesses must also be present, and the doors of the registered building must be open. (The doors need not be actually open provided they are not so closed as to prevent persons from entering that part of the building in which the marriage is solemnized.)

4

Any certificate or certificates issued by a superintendent registrar as the legal authority for the marriage must be delivered to the authorised person in whose presence the marriage is to be solemnized. Unless this document (or those documents) are in his possession the authorised person must on no account allow the marriage to take place.

5

It is essential to the validity of the marriage that in some part of the ceremony [and in the presence of the witnesses and the authorised person] each of the parties makes a declaration in one of the following forms:—

• (a) by saying “I do solemnly declare that I know not of any lawful impediment why I [name] may not be joined in matrimony to [name]”; or

• (b) by saying “I declare that I know of no legal reason why I [name] may not be joined in marriage to [name]”; or

• (c) by replying “I am” to the question put to them successively “Are you [name] free lawfully to marry [name]?”;

• and that each of them says to the other one of the following forms of words of contract:—

• (a) “I call upon these persons here present to witness that I [name] do take thee [name] to be my lawful wedded wife [or husband]”; or

• (b) “I [name] take you [or thee] [name] to be my wedded wife [or husband]”.

6

These declaratory and contracting words must be said in the presence of the authorised person acting on the occasion and of the witnesses to the marriage.

7

Immediately after the marriage is solemnized the authorised person must register all the particulars prescribed by law in the duplicate marriage register books of the registered building in which the marriage has taken place; the entry in both books must be signed by the parties married, by at least two witnesses and by the authorised person.

8

After the registration of the marriage a certified copy of the entry thereof may be obtained from the authorised person on payment of the prescribed fee.

SCHEDULE 2

FORM 1

NOTICE OF MARRIAGE WITHOUT LICENCE

Regulation 2 Marriage Act 1949, s.27(1)

FORM 2

NOTICE OF MARRIAGE WITH LICENCE

Regulation 2 Marriage Act 1949, s.27(2)

FORM 6

CERTIFICATE FOR MARRIAGE

Regulation 5 Marriage Act 1949, s.31(2)

FORM 7

CERTIFICATE AND LICENCE FOR MARRIAGE

Regulation 5 Marriage Act 1949, s.27(2)

1

This marriage must take place in the registered building named in the superintendent registrar’s certificate or superintendent registrar’s certificates for marriage, and nowhere else.

2

The authorised person duly appointed for the registered building named in the certificate or certificates, or an authorised person for some other registered building in the same registration district, must be present at the marriage.

3

At least two witnesses must also be present, and the doors of the registered building must be open. (The doors need not be actually open provided they are not so closed as to prevent persons from entering that part of the building in which the marriage is solemnized.)

4

Any certificate or certificates issued by the superintendent registrar as the legal authority for the marriage must be delivered to the authorised person in whose presence the marriage is to be solemnized. Unless this document (or those documents) are in his possession the authorised person must on no account allow the marriage to take place.

5

It is essential to the validity of the marriage that in some part of the ceremony [and in the presence of the witnesses and the authorised person] each of the parties makes a declaration in one of the following forms:—

• (a) by saying “I do solemnly declare that I know not of any lawful impediment why I [name] may not be joined in matrimony to [name]”; or

• (b) by saying “I declare that I know of no legal reason why I [name] may not be joined in marriage to [name]”; or

• (c) by replying “I am” to the question put to them successively “Are you [name] free lawfully to marry [name]?”;

• and that each of them says to the other one of the following forms of words of contract:—

• (a) “I call upon these persons here present to witness that I [name] do take thee [name] to be my lawful wedded wife [or husband]”; or

• (b) “I [name] take you [or thee] [name] to be my wedded wife [or husband]”.

6

These declaratory and contracting words must be said in the presence of the authorised person acting on the occasion and of the witnesses to the marriage.

7

Immediately after the marriage is solemnized the authorised person must register all the particulars prescribed by law in the duplicate marriage register books of the registered building in which the marriage has taken place; the entry in both books must be signed by the parties married, by at least two witnesses and by the authorised person.

8

After the registration of the marriage a certified copy of the entry thereof may be obtained from the authorised person on payment of the prescribed fee.

Signed

Give under my hand on

Dr D. Holt — Registrar General — 8th September 1997

I approve,

Signed by authority of the Chancellor of the Exchequer

Helen Liddell — Economic Secretary to the Treasury — 9th September 1997

Explanatory note

(This note is not part of the Regulations)

These Regulations amend the Registration of Marriages Regulations 1986 and the Registration of Marriages (Welsh Language) Regulations 1986. They substitute new prescribed forms of notice and certificate for marriage to reflect the provisions of the Deregulation (Validity of Civil Preliminaries to Marriage) Order 1997, which allows most marriages to be solemnized up to twelve months after entry of notice in the marriage notice book.

They also consolidate certain amendments previously made to the form of instructions for the solemnization of a marriage in a registered building without the presence of a registrar and make certain transitional provision.

These Regulations impose no costs on business.

Footnotes

[^f00001]: 1949 c. 76. See section 78 for definition of “prescribed”.

[^f00002]: 1993 c. 38.

[^f00003]: The approval of the Chancellor of the Exchequer is required by section 74 of the Marriage Act 1949, as amended by article 5(1) and paragraph 11 of Schedule 2 to the Transfer of Functions (Registration and Statistics) Order 1996 (S.I. 1996/273).

[^f00004]: S.I. 1986/1442, as amended by S.I. 1995/744 and S.I. 1996/2558.

[^f00005]: S.I. 1986/1445, as amended by S.I. 1996/2558.