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MARRIAGE BILL

EXPLANATORY AND FINANCIAL MEMORANDUM

INTRODUCTION

  1. This Explanatory and Financial Memorandum relates to the Marriage Bill. It has been prepared by the Department of Finance and Personnel in order to assist the reader in understanding the Bill and to help inform debate upon it. It does not form part of the Bill and has not been endorsed by the Assembly.
  2. The Memorandum needs to be read in conjunction with the Bill, and is not intended to be a comprehensive description of the Bill. So where a clause or part of a clause does not seem to require any explanation or comment, none is given.
    3. BACKGROUND AND POLICY OBJECTIVES
  3. The Marriage Bill aims to reform, update, simplify and consolidate the existing procedures in relation to the formalities to and the preliminaries for marriage. It does not deal with the concept of marriage, that being the voluntary union of a man and woman to the exclusion of all others, but instead focuses on the steps that must be undertaken before a marriage ceremony can take place.
  4. The Bill implements the vast majority of the recommendations made to Government by the Law Reform Advisory Committee for Northern Ireland ("The Committee") in its report entitled "Marriage Law" (LRAC No.9, 2000). The Committee, an independent law reform body that keeps the civil law under review and makes recommendations for its reform, was referred the subject of marriage law by the former Secretary of State for Northern Ireland, Dr Marjorie Mowlam, the grounds of that referral being that the current law was anomalous, complex, outdated and possibly discriminatory. The reader is invited to read the Bill and this Memorandum in conjunction with the Committee's report.
  5. The current law stems from a series of statutes dating back to the early Victorian era. The system of marriage preliminaries has not developed on a uniform basis and privileges in relation to the celebration, timing and place of actual marriage are granted to certain religious groups and not to others. The current rules relating to religious and civil marriage venues are unnecessarily complex and unsatisfactory, and certain churches are afforded greater autonomy than others that are subject to a larger amount of state control. In addition, the current rules in relation to notice of intended marriage and preliminary notification requirements are too complex and those relating to the registration of marriages are also felt to be in need of wholesale change.
  6. The Committee noted that these areas required examination with a view to reform and have recommended change accordingly. However, it did consider that other principles for a legal marriage were not in question, such as the capability of parties to contract a marriage and rules relating to age, kinship and affinity. The review and the final recommendations focus on the complex nature of the procedures involved and the Committee forwarded a total of 32 recommendations for change in relation to the existing law. As a template the Committee was particularly impressed by the model currently operating in Scotland and that has been working effectively for over 20 years. The Committee consulted closely with relevant parties in Scotland and the framework for reform is based on that jurisdiction, whilst taking into account local issues and variances.
  7. The Bill gives effect, almost in their entirety, to the recommendations of the Committee. At the fulcrum of the Bill is the concept of equality. The Bill removes the legal differences that exist between religions and replaces the current system with one that treats all individuals equally. In addition, the Bill brings the system of marriage preliminaries into the 21st century, by removing archaic concepts and by affording a greater freedom of choice in relation to getting married. The net effect of this change will be to make getting married a more attractive prospect for couples, and a further step in strengthening the commitment of stable families. The Bill also consolidates and simplifies existing legislation and will provide a straightforward legislative guide to marriage formalities for use by registrars, the clergy and others.
  8. There are several main features of the Bill. These include the abolition of the existing rules relating to religious and civil marriage venues. The Committee recommended that the law relating to civil marriage venues be relaxed to follow English law, which has an emphasis on marriage taking place in "approved premises". Since the report, Scotland have advanced a further change in terms of civil law venues, with the emphasis on marriage taking place in "approved places". The Bill recognises this latter change and offers a much greater variety of choice for both civil and religious marriage venues, and will allow couples choosing either a religious or a civil ceremony at be married in a venue other than a church or a registration office. The accountability for this process as regards civil marriages is to be placed under the direction of locally elected councils. Churches will maintain control in relation to religious marriages.
  9. The Bill replaces the current rules relating to the notice of intended marriage and preliminary notification requirements. Presently there is a highly complex and differing system in place in relation to matters such as licences and certificates, which must be obtained before a marriage can take place. This is replaced by a unified and simplified system that will apply to all individuals seeking to marry, adopting the process of obtaining a marriage schedule by due process and presenting this to the relevant officiant to allow the marriage to take place.
  10. The Bill also replaces the current law in respect of persons authorised to conduct religious marriages with a statutory scheme defining authorised officiants, with statutory requirements in respect of civil and religious ceremonies being clarified. This shifts the emphasis from the regulation and licensing of buildings as presently exists, to one of regulating the person who conducts the marriage ceremony. In addition, the Bill adopts a simplified method of registration of a marriage, replacing existing procedures that vary quite considerably from religion to religion.
  11. Finally, the Bill simplifies and codifies the ancillary criminal law offences relating to the formalities of marriage and also codifies a number of other supplementary matters.
  12. The Bill makes the above changes within the context of several key principles. These include the continued validity of religious as well as civil marriages, equality of treatment of all religions, the minimal interference with existing freedoms of individual religions, equal treatment between those wishing to have a civil or religious marriage, certainty, simplicity, transparency and ease of application, and cost effectiveness.

    13. CONSULTATION

  13. The Committee consulted widely in relation to changes to marriage law in Northern Ireland. It conducted a two tier consultation process in which it canvassed the views of all religious organisations, registrars, local authorities, and many other interested parties in order to establish the basis and consensus for any change to the existing law. The responses to these exercises indicated widespread support for modification and consequently for the proposed changes to the law. The Department of Finance and Personnel carried out a further consultation exercise ending on 25th October 2001. This concentrated on the equality impact of the proposals, inviting consultees to forward their views on this important aspect of the reforms, and also invited any further comment on the major policy objectives that have been brought forward in this Bill. There was almost universal support for the proposals and the equality aims of the Bill were broadly welcomed.

    14. OPTIONS CONSIDERED

  14. The Department considered that given the level of support shown from the consultation carried out by the Committee that changes to the existing law were essential. Within that, options existed as regards the type of change brought forward. The Department considered that the Committee's recommendation in relation to religious officiants could create inequality in relation to different religions as it followed the Scottish system that differentiates between larger bodies and smaller organisation. The Department considered that all religious organisations, irrespective of size, should be treated in the same manner. Similarly, the Department took on board recent changes to the system in Scotland in relation to approved places for marriage and decided to take this option as opposed to the slightly narrower recommendation of the Committee based on the current system in England and Wales.

    15. COMMENTARY ON CLAUSES

    Clause 1: Notice of intention to marry

    Subsection (1) provides that where a couple wish to marry they must both give notice to the registrar of their intention to do so.

    Subsection (2) provides definitions of marriage notice and registrar. The couple are required to give notice to the registrar in the district council area where the marriage is to take place.

    Subsection (3) provides what information must be provided in the marriage notice. Regulations will specify the exact documentation that is required.

    Subsection (4) provides that the Department may prescribe in regulations that persons may be required to give notice in person and to a particular registrar.

    Clause 2: Marriage notice book and list of intended marriages

    Subsection (1) provides that the registrar shall keep a record of such particulars as may be set down in regulations, and the date on which he receives the marriage notice. This will provide a list of intended marriages available for inspection in a marriage notice book.

    Subsection (2) defines the marriage notice book, which will be used as a record of all intended marriages.

    Subsection (3) provides that the registrar will place on public display a list containing the names of the parties who intend to marry and the proposed date on which the ceremony is to take place. This display may be subject to guidance issued by the Registrar General.

    Subsection (4) provides that the names of parties listed on public display will be removed from public display as soon as practicable after the date on which the ceremony is scheduled to take place.

    Subsection (5) provides a mechanism for any person claiming to have an objection to an intended marriage to allow such a person to inspect the marriage notice book. No charge will be attached to such a search.

    Clause 3: Power to require evidence

    Subsection (1) gives a registrar the power to require persons giving notice to him to provide specified evidence in relation to each person.

    Subsection (2) provides the timing of such a request as being between the giving of marriage notice but before the schedule is issued. The purpose of this timing is to allow a registrar to make any necessary enquiries where he may suspect that the information provided by the parties is false.

    Subsection (3) lists evidence that may be required to be furnished to a registrar, the particulars of which will be subject to guidance issued by the Registrar General.

    Clause 4: Objections

    Subsection (1) provides that any person may make an objection in writing to a registrar at any time before a marriage ceremony occurs.

    Subsection (2) provides that where the objection is of a minor nature in relation to the marriage notice he shall notify the parties to the intended marriage, make any other inquiries as he sees fit and, subject to the approval of the Registrar General make any necessary correction to any document relating to the marriage.

    Subsection (3) provides that in other cases, such as where the objection is of greater substance, the registrar must notify the Registrar General of the objection and if the marriage schedule has not been issued, he must suspend such issue pending the outcome of the consideration of the objection by the Registrar General. This will be relatively straightforward as regards civil marriages but as regards religious marriages, the schedule may have been issued before the objection is raised and in such cases the registrar must notify the officiant of the objection and advise him not to solemnise the marriage, pending the consideration of the objection by the Registrar General.

    Subsection (4) provides that where the Registrar General is satisfied that there is a legal impediment to the marriage he shall direct the registrar to notify the parties and take all reasonable steps to stop the ceremony taking place.

    Subsection (5) provides that where the Registrar General is satisfied that a legal impediment to the marriage does not exist, he shall direct the registrar to proceed with the issue of the marriage schedule.

    Subsection (6) lists the legal impediments to a marriage. They are where the persons are affected by kinship and forbidden degrees of relationship, where one or both of the parties is already married, where one or both of the parties are under 16 on the date of the marriage, where one or both of the parties are incapable of understanding the nature of the ceremony or of consenting to marriage or where both parties are of the same sex.

    Subsection (7) provides that where the legal impediment is based on the incapability of one or both parties to understand the nature of the ceremony or of consenting to the marriage, any objection must be accompanied by a supporting certificate from a relevant doctor.

    Subsection (8) provides that a person who has submitted an objection may withdraw it at any time but this does not vitiate the right of the Registrar General to have regard to that objection.

    Clause 5: Marriage schedule

    Subsection (1) provides that where the registrar receives a marriage notice and he is satisfied that there are no legal impediments to the marriage, he shall complete a marriage schedule in the prescribed form. Regulations will provide for the information required in the marriage schedule.

    Subsection (2) provides that in relation to religious marriages, the marriage schedule shall be issued to one or both of the parties to a marriage at his office and during such period as may be prescribed. Regulations will outline the period for the issuing of the marriage schedule.

    Subsection (3) provides that a religious marriage may only take place on the date and at the place specified in the marriage schedule. It also must be performed by the officiant as named in the schedule.

    Subsection (4) provides that an officiant of a religious marriage has the right to refuse to perform a marriage ceremony.

    Subsection (5) provides that regulations may make provision for any case whereby the marriage cannot be solemnised on the date or at the place specified in the marriage schedule, or by the officiant as named in the schedule.

    Clause 6: Marriage outside the United Kingdom where party resides in Northern Ireland

    Subsection (1) provides that a person who lives in Northern Ireland may give notice locally where they are a party to a marriage outside of the United Kingdom and where they require a relevant certificate from the authorities in this jurisdiction.

    Subsection (2) notes that the notice must be obtained in the district in which the person resides.

    Subsection (3) provides that if a registrar is content that the person is not subject to a legal incapacity he may provide them with a certificate in the prescribed form to that effect.

    Subsection (4) provides that the certificate may not be issued until a prescribed period from receipt of the notice (intended at this stage to be 14 days).

    Subsection (5) provides a mechanism for objections and subsection (6) notes that the registrar shall take into account any objection before issuing the certificate.

    Clause 7: Persons who may solemnise marriages

    Subsection (1) identifies those who may solemnise a marriage. Read in conjunction with clause 9 this includes religious officiants, with clause 12 it includes temporary authorised religious officiants and with clause 29 it includes registrars and their deputies together with additional persons who may be appointed to conduct civil ceremonies.

    Subsection (2) provides that a marriage carried out by a nominee of a religious body, or by someone temporarily authorised from a religious body, is a religious marriage. Similarly, a marriage conducted by a registrar, a deputy registrar or a person appointed by a local registration authority under the terms of the legislation is a civil marriage.

    Clause 8: Application by religious bodies for registration of member to solemnise marriages

    Subsection (1) provides that a religious body may apply to the Registrar General for any member it puts forward to be registered to solemnise marriages. Such a person must be aged 21 or over. Such persons will be known as officiants.

    Subsection (2) outlines the circumstances where the Registrar General may refuse to register a religious officiant. If he deems that the body making the application is not a religious body, he may refuse the application. A religious body is defined in clause 39 as "an organised group of people meeting regularly for common religious worship". The Registrar General may also refuse to register a person if the marriage ceremony used by that body is inconsistent with or does not include an appropriate declaration. He may also refuse an application if the person named is not a fit and proper person to solemnise marriage.

    Subsection (3) defines appropriate declaration. The parties must make a declaration that they accept each other as husband and wife in front of the officiant and two witnesses.

    Subsection (4) provides for the Registrar General to determine what information must be provided to him by a religious body when nominating a member as an officiant.

    Subsection (5) provides that a religious body should consider that there is an insufficient number of its members registered as officiants before making an application for a new member to be registered.

    Subsection (6) provides that the Registrar General must inform a religious body of his reasons for refusing to register a nominee of that religious body.

    Clause 9: Registration of officiants

    Subsection (1) provides that a list of all those entitled to solemnise marriages in Northern Ireland shall be kept by the Registrar General.

    Subsection (2) provides that this register shall be open to inspection by the public at all reasonable times.

    Subsection (3) provides that the Registrar General will register all officiants except where he has refused to register them for the reasons given in clause 8.

    Subsection (4) provides that where an officiant is registered and either dies or there is a material change in relation to the information provided in the original application, the religious body that nominated the officiant must notify the Registrar General of such an event. The Registrar General can then amend the register as he considers necessary.

    Clause 10: Cancellation of registration

    Subsection (1) provides the circumstances whereby the Registrar General can cancel the registration of an officiant. He can do so where the officiant requests cancellation. He can do so where the religious body that nominated the officiant requests cancellation. If the marriage ceremony used by the religious body no longer contains an appropriate declaration the registration may be cancelled. In addition, cancellation can occur where the officiant has been convicted of an offence under this legislation, has carried on a business of solemnising marriages for profit or gain, is deemed no longer to be a fit and proper person to solemnise marriages or for any other reason should not continue to be registered as an officiant.

    Subsection (2) provides that the Registrar General should give an officiant where practicable 21 days notice of his intention to cancel registration.

    Subsection (3) provides that after an officiant has received notice of intended cancellation they must not solemnise a marriage unless the Registrar General informs him of his decision not to cancel registration or where he is informed that an appeal against cancellation has been successful.

    Clause 11: Appeals

    Subsection (1) provides that where the Registrar General refuses to register a prospective officiant, he must notify the nominating body and that body may appeal to the Department of Finance and Personnel within 28 days of receiving such notice.

    Subsection (2) provides that if registration of an officiant is cancelled by the Registrar General, he must notify the nominating body and the officiant of his reasons for doing so and the officiant or the nominating body may appeal to the Department within 28 days.

    Subsection (3) provides that the Department shall notify the appellant of its decision on appeal and give the Registrar General such directions as it thinks appropriate.

    Subsection (4) provides that where the Department dismisses an appeal solely on the grounds that the nominating body concerned is not a religious body, that body may appeal to the county court.

    Clause 12: Temporary authorisation to solemnise religious marriage

    Subsection (1) provides that a member of a religious body who may not ordinarily carry out marriages in Northern Ireland may be temporarily authorised to carry out one or more specified marriages, or marriages during a specified duration. This may, for example, include overseas officiants.

    Subsection (2) provides that such a temporary authorisation must be in writing and may be subject to certain conditions.

    Clause 13: Solemnisation of marriage

    Subsection (1) provides that a marriage may not be solemnised by an officiant unless the parties have produced to him the marriage schedule, they are both present and that two witnesses over the age of 16 are also present.

    Subsection (2) provides that the officiant will not conduct the ceremony without the appropriate declaration and using a ceremony that is in accordance with one recognised by his religious body.

    Clause 14: Registration of religious marriage

    Subsection (1) provides that when the marriage has been solemnised the parties to the marriage, the officiant and the witnesses shall sign the marriage schedule.

    Subsection (2) provides that the parties to the marriage (i.e. the husband and wife) must arrange for the marriage schedule to be delivered to the registrar within three days of the marriage.

    Subsection (3) provides that the registrar must register the marriage as soon as practicable upon receipt of the marriage schedule.

    Subsection (4) provides that if a registrar does not receive the marriage schedule, signed by the appropriate parties, he must not register the marriage.

    Subsection (5) provides that a marriage can be registered if the Registrar General is satisfied that a properly solemnised marriage has taken place and the marriage schedule has been lost, destroyed or damaged. To do so he may direct the registrar to make arrangements for the couple to complete a copy of the original schedule and then register the marriage.

    Clause 15: Registrar's power to require delivery of marriage schedule

    Subsection (1) provides that where 21 days pass from the date of the marriage and the registrar has not received the completed schedule he may serve a notice on either of the parties requiring them to arrange for the schedule to be delivered within 8 days of the notice being served.

    Subsection (2) provides that if the party served with the notice fails to comply with that notice a second notice may be served requiring the person to attend personally at the registration office of the registrar in order for him to register the marriage.

    Clause 16: Places at which civil marriages may be solemnised

    Subsection (1) provides where civil marriage ceremonies can take place. They can take place, subject to subsections (5) and (7) in a registration office, or in an approved place. This extends the choice of venue for couples wishing to have a civil ceremony, from the current situation of only being allowed to marry in a registration office to being allowed to marry in an approved place. This can include, subject to approval, buildings such as hotels, country houses etc or places such as temporary marquees or other such areas approved by councils subject to regulations.

    Subsection (2) gives district councils the power to approve places in which civil marriage can take place.

    Subsection (3) provides that the Department of Finance and Personnel may make regulations for, or in connection with the approval of places for civil marriage.

    Subsection (4) sets out the type of issues that regulations may cover in relation to approved places for civil marriage. They may include, inter alia, the kinds of places in respect of which approvals may be given. This mirrors the legislation considered by the Scottish Parliament in early 2002 and is intended to deregulate civil marriage venues but subject to a degree of control to comply with the dignity and solemnity of the marriage ceremony, health and safety issues and other concerns.

    Subsection (5) provides that where either party to an intended marriage is unable to attend the relevant registration office for the ceremony the marriage may be solemnised at any place where that party is, subject to a medical statement being provided and the approval of the Registrar General. This would, for example, allow a marriage to take place at the home of someone too ill to leave their house.

    Subsection (6) provides the circumstances and the steps that must be taken for a marriage to take place under subsection (5) and what the criteria are to be. The medical statement must include a statement by a medical practitioner that the person ought not to be moved due to serious illness or serious bodily injury and that such will keep the person housebound for at least 3 months.

    Subsection (7) allows the Registrar General to direct a civil marriage to take place in a place specified in that direction.

    Clause 17: Solemnisation of civil marriage

    Subsection (1) provides that a civil ceremony must not take place unless the registrar has the marriage schedule available and the prescribed fee paid, both parties are present and two witnesses over the age of 16 are also present.

    Subsection (2) provides that the ceremony should be of a secular nature (i.e., devoid, as far as possible, of religious content) and include the appropriate declaration.

    Subsection (3) provides the definition of the appropriate declaration, which is the same in substance as that for a religious marriage.

    Clause 18: Registration of civil marriage

    Subsection (1) provides that the husband and wife, the witnesses and the registrar must sign the marriage schedule immediately after the solemnisation of the marriage.

    Subsection (2) provides that the registrar who conducts the ceremony must make arrangements for the marriage to be registered as soon as practicable.

    Clause 19: Second marriage ceremony

    Subsections (1) and (2) provide that in the circumstance where a couple have married outside the United Kingdom but are unable to prove that they are validly married for the purposes of Northern Ireland law, they may apply to, and have, their marriage solemnised as if the marriage had not occurred.

    Subsection (3) provides that the approval of the Registrar General is required in such cases.

    Subsection (4) outlines the procedure for the solemnisation of such a marriage, which is in effect the same as applies for civil marriages generally.

    Clause 20: Relevant consents required

    Subsection (1) affirms the current legal position that the marriage of a party aged between 16 and 18 cannot take place unless the relevant consents have been given or unless an order is made under section 21.

    Subsection (2) outlines the relevant consents. The default consents are each parent (if any) of the child, who has parental responsibility for that child and each guardian (if any). Paragraphs (b)-(d) outline certain situations where consents can vary from this normal situation and include the case of residence orders and care orders.

    Subsection (3) requires that the consents be given in a form as prescribed, and be produced to the officiant before the issue of the marriage schedule.

    Subsection (4) provides definitions for certain terms used in relation to relevant consents.

    Subsection (5) maintains the current necessity of obtaining the consent of the High Court to the marriage of a ward of court.

    Clause 21: Order dispensing with relevant consent

    Subsection (1) outlines circumstances where an order can be made by the county court dispensing with relevant consents and permitting a marriage of a child aged 16 or over to take place. The court must be satisfied that the proposed marriage is in the best interests of the child and that it is not reasonably practicable to obtain the relevant consents, if required consents are withheld or refused or there is uncertainty as to whose consent is required.

    Subsection (2) outlines when an application for such an order can be made.

    Subsection (3) provides that such an order of the court is final and conclusive.

    Clause 22: Recording of consents and orders

    Subsection (1) provides that any consent required shall be sent to the registrar.

    Subsection (2) provides that any order made under section 21 or certified copy of same, be sent to the registrar.

    Subsections (3) and (4) deal with the recording of the consents, which the registrar must keep.

    Clause 23: Commencement of marriage

    This clause defines the legal point of time at which a marriage commences and implements the recommendation of the Law Reform Advisory Committee which advocated that the rule in the case of Quick -v- Quick [1953] VR 224 be placed on a statutory footing. A marriage commences when the couple declare that they accept each other as husband and wife in the presence of each other, the officiant and two witnesses.

    Clause 24: Validity of registered marriage

    This clause provides that the validity of a marriage cannot be questioned in any legal proceedings started after the marriage has been registered on the grounds of any contravention of this Act, unless both parties were not present at the ceremony. This provision is also without prejudice to the criminal offences outlined in the Act.

    Clause 25: Corrections and cancellations

    This clause notes that regulations may make provisions in relation to corrections and that a void marriage shall be cancelled by the Registrar General or, by his direction, a registrar.

    Clause 26: Interpreters

    Subsection (1) provides for the use of interpreters at a marriage ceremony.

    Subsection (2) outlines the duties of the interpreter and the obligation that they are able to converse in the language in respect of which they are acting as an interpreter.

    Clause 27: Detained Persons

    This clause keeps the current practice in relation to the marriage of detained persons taking into account the changes in relation to notification arrangements. Subsection (1) notes that where a marriage is to take place in a hospital or a prison and that one or both of the parties are detained there, then the marriage notice must be accompanied by the appropriate statement.

    Subsection (2) outlines the information that the statement must include.

    Subsection (3) defines the responsible authority as, in the case of a prison, the governor or other officer in charge, in the case of a hospital, the appropriate Health Board, the Department of Health, Social Services and Public Safety or the person in charge of a private hospital, whichever is appropriate.

    Subsection (4) requires the registrar to refer such cases to the Registrar General before the schedule is completed.

    Subsection (5) provides that the Registrar General shall direct the registrar to solemnise the marriage at the hospital or prison accordingly.

    Subsection (6) provides definitions for prison and other phrases used in relation to this section.

    Clause 28: Registration districts and registration authorities

    Subsection (1) reaffirms the current position that each local government district shall be a registration district and that each district council serves the function of being the local registration authority for marriages.

    Subsection (2) provides that as regards marriages the district councils act as agents for the Department of Finance and Personnel and in accordance with such directions as the Department may give to the council.

    Subsections (3) and (4) relate to expenditure incurred by district councils in their function as a local registration authority and their relationship with the Department.

    Clause 29: Registrars and other staff

    Subsection (1) provides for the appointment of registrars and deputy registrars for each local registration authority.

    Subsection (2) provides for the removal of registrars and deputy registrars by the local registration authority, subject to the approval of, or at the direction of, the Registrar General.

    Subsection (3) provides for the appointment of additional persons to solemnise civil marriages.

    Subsection (4) provides that civil officiants (i.e. registrars, deputy registrars and additional persons) must be aged over 21.

    Subsection (5) provides that an additional person appointed to solemnise civil marriages must not be an actively serving registrar or deputy registrar.

    Subsection (6) outlines the framework within which a registrar and deputy registrar must operate in carrying out their functions.

    Clause 30: Registrar's offices

    This clause restates the current position that a district council must provide a suitably equipped register office approved by the Registrar General and comply with such directions he may give.

    Clause 31: Records and documents to be sent to the Registrar General

    This clause provides that persons must send all relevant records and documents in relation to marriages to the Registrar General as directed.

    Clause 32: Annual report

    This clause provides that the Registrar General must send an annual report of the number of marriages registered each year to the Department that must lay the report before the Assembly.

    Clause 33: Searches

    Subsections (1) and (2) provide that the Registrar General and the registrar must provide indexes of all marriage registration records within their custody for inspection by the public.

    Subsection (3) provides that any person may, on payment of the prescribed fee, search such indexes and require the Registrar General or registrar to give them a document in the prescribed form relating to the registration of a marriage and subsection (4) provides that such a document be stamped with the official seal of the General Register Office, of which judicial notice shall be taken.

    Clause 34: Proof of marriage for purposes of certain statutory provisions

    This clause provides for the mechanism by which a person may apply to the Registrar General for a document in the prescribed form relating to the registration of the marriage of that person, if it is required by way of proof for certain prescribed statutory purposes.

    Clause 35: Fees

    This clause provides information as to when fees may be payable in relation to this legislation and that any order made in relation to fees under this section be laid before and approved in draft by a resolution of the Assembly.

    Clause 36: Offences

    Subsection (1) outlines criminal offences that attract a level 5 fine and/or imprisonment in relation to this legislation. These are for an officiant who solemnises a marriage without a schedule or is unregistered as an officiant or solemnises a marriage without both parties being present.

    Subsection (2) outlines lesser offences attracting a level 3 fine.

    Clause 37: Regulations

    This clause provides that the Department of Finance and Personnel may make regulations under this legislation and that they shall be subject to negative resolution. It also provides for transitional and saving requirements to be made by regulations where necessary.

    Clause 38: Repeals

    This clause provides for repeals, as outlined in the Schedule.

    Clause 39: Interpretation

    Subsection (1) defines some of the relevant terms and phrases used in the legislation.

    Subsection (2) provides that regulations may provide for references to a person solemnising a marriage to be construed in other ways as may be prescribed. This is to cater for organisations that employ different methods of officiating at marriages.

    Clause 40: Commencement

    This clause provides that the Act will come into operation on such day or days as the Department of Finance and Personnel may by order appoint.

    Clause 41: Short title

    This clause provides that the Act may be cited as the Marriage Act (Northern Ireland) 2002.

    FINANCIAL EFFECTS OF THE BILL
  15. It is anticipated that the relaxation of the rules in relation to civil and religious marriage venues will have a positive impact upon employment and business generally. In particular the tourist industry may benefit from Northern Ireland being seen as an attractive location to marry. The costs associated with licensing alternative places for civil marriage and the attendance of the registrar to act as officiant will be borne by the parties by way of fees levied by the Local Registration Authority and the General Register Office. The legislative change will result in certain administrative functions currently undertaken by officiants of religious marriage being undertaken by registrars in local councils. These changes are welcomed by religious organisations. The expected costs will be met by the fees levied by the General Register Office in respect of the preliminaries to and solemnisation of marriage.

    16. EFFECTS ON EQUAL OPPORTUNITY
  16. The purpose of this legislation is to replace the existing system, which treats different groups in a non-uniform manner, with one that treats all groups on an equal basis.

    17. HUMAN RIGHTS ISSUES
  17. No adverse impact to human rights identified.

    18. EQUALITY IMPACT ASSESSMENT
  18. There has been considerable consultation on the proposals with almost universal support for the proposed changes. An equality impact consultation exercise carried out by the Department of Finance and Personnel ending in October 2001 revealed no substantive concerns in relation to the nine groups catered for in section 75 of the Northern Ireland Act 1998 and the changes are considered to be positive in terms of the promotion of equality of opportunity.

    19. SECRETARY OF STATE'S CONSENT
  19. The Secretary of State has consented under section 10(3)(b) of the Northern Ireland Act 1998 to the Assembly considering this Bill.

    20. LEGISLATIVE COMPETENCE
  20. At Introduction the Minister of Finance and Personnel had made the following statement under section 9 of the Northern Ireland Act 1998:

"In my view the Marriage Bill would be within the legislative competence of the Northern Ireland Assembly."