Marriage Bill, Northern Ireland Assembly

Marriage Bill

[AS INTRODUCED]

Contents

Preliminaries to marriage

Notice of intention to marry
Marriage notice book and list of intended marriages
Power to require evidence
Objections
Marriage schedule
Marriage outside the United Kingdom where party resides in Northern Ireland

Persons who may solemnise marriages

Persons who may solemnise marriages

Religious marriages

Application by religious bodies for registration of member to solemnise marriages
Registration of officiants
Cancellation of registration
Appeals
Temporary authorisation to solemnise religious marriage
Solemnisation of marriage
Registration of religious marriage
Registrar's power to require delivery of marriage schedule

Civil marriages

Places at which civil marriages may be solemnised
Solemnisation of civil marriage
Registration of civil marriage
Second marriage ceremony

Marriage of person under 18

Relevant consents required
Order dispensing with relevant consent
Recording of consents and orders

Miscellaneous

Commencement of marriage
Validity of registered marriage
Corrections and cancellations
Interpreters
Detained persons

Supplementary

Registration districts and registration authorities
Registrars and other staff
Registrars' offices
Records and documents to be sent to Registrar General
Annual report
Searches
Proof of marriage for purposes of certain statutory provisions
Fees
Offences
Regulations
Repeals
Interpretation
Commencement
Short title

Schedule Repeals

B I L L

Make provision in connection with the formalities for marriage and the solemnisation and registration of marriages; and for connected purposes.

BE IT ENACTED by being passed by the Northern Ireland Assembly and assented to by Her Majesty as follows:

Preliminaries to marriage

Notice of intention to marry

1.¾(1) Each of the parties to a marriage intended to be solemnised in Northern Ireland shall give the registrar a notice of intention to marry.

(2) In this Act¾

"marriage notice" means notice of intention to marry;

"registrar" means the registrar for the district in which the marriage is to take place.

(3) A marriage notice shall be¾

(a) in the prescribed form; and

(b) accompanied by the prescribed fee and such documents and other information as may be prescribed.

(4) In prescribed cases a marriage notice shall be given by each party¾

(a) in person;

(b) to either the registrar referred to in subsection (2) or such other registrar as may be prescribed.

Marriage notice book and list of intended marriages

2.¾(1) The registrar shall keep a record of¾

(a) such particulars as may be prescribed, taken from each marriage notice received by him; and

(b) the date on which each marriage notice is received by him.

(2) In this Act "the marriage notice book" means the record kept under subsection (1).

(3) The registrar shall, in accordance with any guidance issued by the Registrar General, place on public display a list containing in relation to each intended marriage in respect of which the registrar has received a marriage notice¾

(a) the names of the parties, and

(b) the date of the intended marriage.

(4) As soon as practicable after the date of an intended marriage the registrar shall remove from the list the names and the date relating to it.

(5) Any person claiming that he may have reason to make an objection to an intended marriage may inspect any entry relating to the marriage in the marriage notice book without charge.

Power to require evidence

3.¾(1) A registrar to whom a marriage notice is given may require the person giving the notice to provide him with specified evidence relating to each of the persons to be married.

(2) Such a requirement may be imposed at any time on or after the giving of the marriage notice but before the registrar issues the marriage schedule under section 5.

(3) In subsection (1) "specified evidence", in relation to a person, means such evidence of that person's¾

(a) name and surname;

(b) age;

(d) nationality,

as may be specified in guidance issued by the Registrar General.

Objections

4.¾(1) Any person may at any time before the solemnisation of a marriage in Northern Ireland make an objection in writing to the registrar.

(2) If the registrar is satisfied that the objection relates to no more than a misdescription or inaccuracy in the marriage notice, he shall¾

(a) notify the parties to the intended marriage;

(b) make such inquiries as he thinks fit; and

(c) subject to the approval of the Registrar General, make any necessary correction to any document relating to the marriage.

(3) In any other case the registrar shall¾

(a) notify the Registrar General of the objection;

(b) pending consideration of the objection by the Registrar General, suspend the issue of the marriage schedule (if it has not been issued);

(c) in the case of a religious marriage, if the marriage schedule has already been issued and it is practicable to do so¾

(i) notify the officiant of the objection, and

(ii) advise the officiant not to solemnise the marriage pending consideration of the objection by the Registrar General.

(4) If the Registrar General is satisfied that there is a legal impediment to the marriage, he shall direct the registrar to¾

(a) notify the parties; and

(b) take all reasonable steps to ensure that the marriage does not take place.

(5) If subsection (4) does not apply, the Registrar General shall direct the registrar to proceed under section 5.

(6) For the purposes of this section and section 5 there is a legal impediment to a marriage if¾

(a) that marriage would be void by virtue of Article 18 of the Family Law (Miscellaneous Provisions) (Northern Ireland) Order 1984 (NI 14) (prohibited degrees of relationship);

(b) one of the parties is, or both are, already married;

(d) one or both of the parties is or are incapable of understanding the nature of a marriage ceremony or of consenting to marriage; or

(e) both parties are of the same sex.

(7) An objection on the ground mentioned in subsection (6)(d) shall be accompanied by a supporting certificate signed by a medical practitioner.

(8) A person who has submitted an objection may withdraw it at any time, but the Registrar General may have regard to an objection which has been withdrawn.

Marriage schedule

5.¾(1) After the registrar receives a marriage notice from both of the parties to an intended marriage, he shall complete a marriage schedule in the prescribed form if he is satisfied that there is no legal impediment to the marriage or the Registrar General has directed him under section 4(5) to proceed under this section.

(2) In the case of a religious marriage, the marriage schedule completed in accordance with subsection (1) shall be issued by the registrar¾

(a) at his office;

(b) during such period as may be prescribed; and

(3) Subject to subsections (4) and (5), a religious marriage may be solemnised only on the date, by the officiant and at the place specified in the marriage schedule.

(4) Subsection (3) shall not impose any obligation on an officiant to solemnise a marriage.

(5) Regulations may make provision for any case in which for any reason a marriage cannot be solemnised in accordance with the marriage schedule.

Marriage outside the United Kingdom where party resides in Northern Ireland

6.¾(1) Where a person residing in Northern Ireland¾

(a) is a party to a marriage intended to be solemnised in any country or territory outside the United Kingdom; and

(b) for the purpose of complying with the law in force in that country or territory, is required to obtain a certificate in respect of his legal capacity to marry from a competent authority in Northern Ireland,

he may give the registrar a marriage notice and section 1(3) and (4) and sections 2 and 3 shall apply accordingly as if it were intended that the marriage should be solemnised in the district in which he resides.

(2) In this section "the registrar" means the registrar for the district in which the person resides.

(3) If the registrar is satisfied that the person is not subject to any legal incapacity under the law of Northern Ireland which would prevent his marrying, the registrar shall issue to him a certificate in the prescribed form that he is not known to be subject to any such incapacity.

(4) The registrar shall not issue a certificate before the expiration of such period from the date recorded under section 2(1)(b) (date of receipt of marriage notice) as may be prescribed.

(5) Any person may, at any time before the issue of a certificate under subsection (3), make an objection in writing to the registrar.

(6) The registrar shall take into account any objection under subsection (5) in deciding whether to issue a certificate under subsection (3).

Persons who may solemnise marriages

Persons who may solemnise marriages

7.¾(1) A marriage may be solemnised only by¾

(a) a person registered under section 9 or temporarily authorised under section 12;

(b) a person appointed under section 29.

(2) In this Act¾

(a) a marriage solemnised by a person mentioned in subsection (1)(a) is referred to as a "religious marriage";

(b) a marriage solemnised by a person mentioned in subsection (1)(b) is referred to as a "civil marriage".

Religious marriages

Application by religious bodies for registration of member to solemnise marriages

8.¾(1) A religious body may apply to the Registrar General for a member named in the application and aged 21 or over to be registered under section 9 as empowered to solemnise marriages in Northern Ireland.

(2) The Registrar General shall refuse to register a person under section 9 if he considers that¾

(a) the body making the application is not a religious body;

(b) the marriage ceremony used by that body does not include, or is inconsistent with, an appropriate declaration; or

(3) In subsection (2)(b) an "appropriate declaration" means a declaration by the parties, in the presence of¾

(a) each other;

(b) the officiant; and

that they accept each other as husband and wife.

(4) An application under subsection (1) shall be in such form and contain such particulars as the Registrar General may determine.

(5) A religious body shall not make an application under subsection (1) unless it is satisfied that there is a need for a larger number of its members to be registered under section 9.

(6) If the Registrar General refuses to register a person under section 9, he shall inform the body of his reasons.

Registration of officiants

9.¾(1) The Registrar General shall keep a register of persons registered under this section as empowered to solemnise marriages in Northern Ireland.

(2) The register kept under this section shall be open to inspection by members of the public at all reasonable times.

(3) The Registrar General shall register a person in respect of whom an application is made under section 8, except as provided by subsection (2) of that section.

(4) Where, following an application made by a religious body under section 8, a person is registered under this section, it shall be the duty of that body to notify the Registrar General as soon as practicable of¾

(a) the death of that person; or

(b) any change in the information provided in the application,

and the Registrar General shall make such amendments of the register as he considers necessary.

Cancellation of registration

10.¾(1) The Registrar General may cancel the registration of a person under section 9 on the ground¾

(a) that the person has requested the cancellation;

(b) that the body which applied for him to be registered has requested the cancellation;

(c) that the marriage ceremony used by that body no longer contains an appropriate declaration (within the meaning of section 8(3)); or

(d) that the person¾

(i) has, while registered under section 9, been convicted of an offence under this Act;

(ii) has, for the purpose of profit or gain, carried on a business of solemnising marriages;

(iii) is not a fit and proper person to solemnise marriages; or

(iv) for any other reason, should not continue to be registered under section 9.

(2) The Registrar General shall where practicable give at least 21 days' notice of his intention to cancel the registration of a person on a ground mentioned in subsection (1)(d) to that person.

(3) After a person receives a notice under subsection (2), he shall not solemnise a marriage unless¾

(a) the Registrar General informs him that he has decided not to cancel the registration; or

(b) the Department notifies him that an appeal under section 11 in respect of his registration has been successful.

Appeals

11.¾(1) If the Registrar General refuses to register a person named in an application by a religious body under section 8(1)¾

(a) the Registrar General shall notify the body of his reasons for doing so; and

(b) the body may appeal to the Department not later than 28 days from the day on which it receives a notice under paragraph (a).

(2) If the Registrar General cancels the registration of a person under section 10, he shall notify that person and the body which applied for him to be registered of his reasons for doing so and¾

(a) that person; or

(b) that body,

may appeal to the Department not later than 28 days from the day on which he or it receives a notice under this subsection.

(3) On an appeal under subsection (1) or (2), the Department shall¾

(a) notify the appellant of its decision; and

(b) give the Registrar General such directions (if any) as it thinks appropriate.

(4) If the Department dismisses an appeal under subsection (1) solely on the ground that the body is not a religious body, the body may appeal to a county court.

Temporary authorisation to solemnise religious marriage

12.¾(1) The Registrar General may grant to a member of a religious body who is aged 21 or over a temporary authorisation to solemnise¾

(a) one or more specified marriages;

(b) marriages during a specified period.

(2) An authorisation under subsection (1) shall be in writing and subject to any specified conditions.

(3) In this section "specified" means specified in the authorisation.

Solemnisation of marriage

13.¾(1) A marriage shall not be solemnised by an officiant unless¾

(a) the parties in person have produced to him before the marriage ceremony a marriage schedule in respect of the marriage issued in accordance with section 5;

(b) both parties to the marriage are present; and

(2) An officiant shall not solemnise a marriage except in accordance with a form of ceremony which¾

(a) is recognised by the religious body of which he is a member; and

(b) includes and is in no way inconsistent with an appropriate declaration within the meaning of section 8(3).

Registration of religious marriage

14.¾(1) The following persons shall sign the marriage schedule immediately after the solemnisation of the marriage¾

(a) both parties to the marriage;

(b) both witnesses to the marriage; and

(2) The parties to the marriage shall arrange for the marriage schedule to be delivered to the registrar within three days of the marriage.

(3) The registrar shall register the marriage as soon as practicable after he receives the marriage schedule.

(4) Subject to paragraph (5), the registrar shall not register a religious marriage if he does not receive the marriage schedule.

(5) If the Registrar General is satisfied that the marriage schedule for a properly solemnised marriage has been lost, destroyed or damaged, he may direct the registrar to¾

(a) make arrangements for the persons mentioned in subsection (1) to complete a copy of the original marriage schedule; and

(b) register the marriage.

Registrar's power to require delivery of marriage schedule

15.¾(1) Where after the expiration of 21 days from the date of marriage as entered in the marriage schedule, the registrar has not received the marriage schedule, he may serve a notice in the prescribed form on either of the parties to the marriage requiring that party to arrange for the marriage schedule to be delivered to the registrar within eight days from the date of service of the notice.

(2) If any party on whom a notice has been served under subsection (1) fails to comply with the notice, the registrar may serve on that party a second notice in the prescribed form requiring that party to attend personally at his registration office, within eight days from the date of service of the second notice, for the purpose of delivering the marriage schedule to the registrar to enable him to register the marriage.

Civil marriages

Places at which civil marriages may be solemnised

16.¾(1) Subject to subsections (5) and (7) a civil marriage shall be solemnised only¾

(a) in a registration office; or

(b) in a place approved under subsection (2).

(2) A local registration authority may, in accordance with regulations under subsection (3), approve places where civil marriages may be solemnised in its district.

(3) The Department may by regulations make provision for or in connection with the approval of places under subsection (2).

(4) Regulations under subsection (3) may in particular include provision as to¾

(a) the kinds of place in respect of which approvals may be granted;

(b) the procedure to be followed in relation to applications for approval;

(d) the duration and renewal of approvals (whether for one occasion or for a period);

(e) the conditions that shall or may be imposed on granting or renewing an approval;

(f) the determination and charging of fees in respect of¾

(i) applications for the approval of places;

(ii) the renewal of approvals; and

(iii) the attendance by registrars at places approved under the regulations;

(g) the circumstances in which a local registration authority shall or may revoke or suspend an approval or vary any of the conditions imposed in relation to an approval;

(h) the review of decisions made by virtue of the regulations;

(i) appeals to a county court from decisions made by virtue of the regulations;

(j) the notification to the Registrar General of all approvals granted, renewed, revoked, suspended or varied;

(k) the notification to the registrar for the district in which a place approved under the regulations is situated of all approvals relating to such a place which are granted, renewed, revoked, suspended or varied;

(l) the keeping by the Registrar General, registrars and local registration authorities of registers of places approved under the regulations; and

(m) the issue by the Registrar General of guidance supplementing the provision made by the regulations.

(5) If either of the parties to an intended civil marriage gives the registrar a medical statement, the marriage may, with the approval of the Registrar General, be solemnised at any place where that party is.

(6) In subsection (5) "medical statement", in relation to any person, means a statement made in the prescribed form by a medical practitioner that in his opinion at the time the statement is made¾

(a) by reason of serious illness or serious bodily injury, that person ought not to move or be moved from the place where he is at that time, and

(b) it is likely that it will be the case for at least the following three months that by reason of the illness or disability that person ought not to move or be moved from that place.

(7) If the Registrar General so directs, a registrar shall solemnise a civil marriage in a place specified in the direction.

Solemnisation of civil marriage

17.¾(1) A person shall not solemnise a civil marriage unless¾

(a) he has available to him at the time of the ceremony the marriage schedule and the prescribed fee for the marriage has been paid;

(b) both parties to the marriage are present; and

(2) A person shall not solemnise a civil marriage except in accordance with a form of ceremony which¾

(a) is of a secular nature; and

(b) includes an appropriate declaration.

(3) In subsection (2)(b) an "appropriate declaration" means a declaration by the parties, in the presence of¾

(a) each other;

(b) the person solemnising the marriage; and

that they accept each other as husband and wife.

Registration of civil marriage

18.¾(1) The following persons shall sign the marriage schedule immediately after the solemnisation of the marriage¾

(a) both parties to the marriage;

(b) both witnesses to the marriage; and

(2) The person who solemnised the marriage shall cause it to be registered as soon as practicable after the marriage schedule is signed.

Second marriage ceremony

19.¾(1) This subsection applies where two persons¾

(a) have gone through a marriage ceremony with each other outside the United Kingdom; but

(b) are not, or are unable to prove that they are, validly married to each other for the purposes of the law of Northern Ireland.

(2) Where subsection (1) applies, any registrar may, on an application made to him by those persons, solemnise their marriage as if they had not already gone through a marriage ceremony with each other.

(3) A registrar shall not solemnise a marriage under subsection (2) without the approval of the Registrar General.

(4) Sections 1 to 5 and 16 to 18 shall apply for the purpose of solemnising a marriage under this section with such modifications as may be prescribed.

Marriage of person under 18

Relevant consents required

20.¾(1) A person shall not solemnise the marriage of a person over the age of 16 but under the age of 18 ("a young person") unless the relevant consents have been given or an order has been made under section 21.

(2) The relevant consents are¾

(a) subject to paragraphs (b) to (d) of this subsection, the consent of¾

(i) each parent (if any) of the young person who has parental responsibility for him; and

(ii) each guardian (if any) of the young person;

(b) where a residence order is in force with respect to the young person, the consent of the person or persons with whom he lives, or is to live, as a result of the order (in substitution for the consents mentioned in paragraph (a) of this subsection);

(c) where a care order is in force with respect to the young person, the consent of the Health and Social Services Board or Health and Social Services trust designated in the order (in addition to the consents mentioned in paragraph (a) of this subsection);

(d) where neither paragraph (b) nor paragraph (c) of this subsection applies but a residence order was in force with respect to the young person immediately before he reached the age of 16, the consent of the person or persons with whom he lived, or was to live, as a result of the order (in substitution for the consents mentioned in paragraph (a) of this subsection).

(3) The relevant consents shall be¾

(a) in the prescribed form; and

(b) produced to the registrar before the issue of the marriage schedule.

(4) In subsection (2) "care order", "Health and Social Services trust", "parental responsibility" and "residence order" have the same meaning as in the Children (Northern Ireland) Order 1995 (NI 2) and in paragraph (a)(ii) of that subsection the reference to each guardian of the young person is a reference to each person falling within the definition of "guardian of a child" in Article 2(2) of that Order.

(5) Nothing in this section or section 21 shall dispense with the necessity of obtaining the consent of the High Court to the marriage of a ward of court.

Order dispensing with relevant consent

21.¾(1) A county court may make an order dispensing with the consents required by section 20 in relation to a young person if it is satisfied that the proposed marriage is in the best interests of the young person and either¾

(a) it is not reasonably practicable to obtain the consent of any person whose consent is required; or

(b) any person whose consent is required withholds or refuses his consent; or

(2) An application for an order under this section may be made¾

(a) by or on behalf of the young person; or

(b) by or on behalf of any person (including another young person) intending to marry a young person,

and without the intervention of a next friend.

(3) The decision of the county court on any application made under this section shall be final and conclusive.

Recording of consents and orders

22.¾(1) Any consent required by section 20 shall be sent to the registrar.

(2) Any order made under section 21, or a certified copy of it, shall be sent to the registrar.

(3) The registrar shall keep a record of¾

(a) such particulars as may be prescribed, taken from each consent or order received by him; and

(b) the date on which each consent or order is received by him.

(4) The record kept under subsection (3) shall be kept with the marriage notice book and section 2(5) shall apply accordingly.

Miscellaneous

Commencement of marriage

23. The parties to a marriage solemnised in accordance with this Act shall be taken to be married to each other when both of them have made a declaration in the presence of each other, the person solemnising the marriage and two witnesses that they accept each other as husband and wife.

Validity of registered marriage

24.¾(1) The validity of a marriage shall not be questioned in any legal proceedings commenced at any time after the particulars of a marriage are registered on the ground of any contravention of a provision of, or made under, this Act.

(2) Subsection (1) is without prejudice to section 36 (offences).

(3) Subsection (1) does not apply unless both parties were present at the marriage ceremony.

Corrections and cancellations

25.¾(1) Regulations may make provision for the making of corrections by the Registrar General or any registrar.

(2) The Registrar General shall cancel the registration of a void marriage or direct the registrar to do so.

Interpreters

26.¾(1) If the person by whom a marriage is to be solemnised considers it necessary or desirable, he may use the services of an interpreter (not being a party or a witness to the marriage) at the marriage ceremony.

(2) The interpreter shall¾

(a) before the marriage ceremony, sign a statement that he understands, and is able to converse in, any language in respect of which he is to act as interpreter at that ceremony;

(b) immediately after the marriage ceremony, give the person solemnising the marriage a certificate written in English and signed by the interpreter that he has faithfully acted as interpreter at that ceremony.

Detained persons

27.¾(1) If¾

(a) one of the parties to an intended marriage is detained in a prison or as a patient in a hospital, and

(b) the marriage is to take place in that prison or hospital,

the marriage notice given by that party shall be accompanied by a statement to which subsection (2) applies.

(2) This subsection applies to a statement which¾

(a) is made in the prescribed form by the responsible authority not more than 21 days before the date on which the marriage notice is given;

(b) identifies the establishment where the person is detained; and

(3) In subsection (2) "responsible authority" means¾

(a) if the person named in the statement is detained in a prison, the governor or other officer in charge of that prison;

(b) if the person named in the statement is detained in a hospital or special accommodation, the Health and Social Services Board administering that hospital or the Department of Health, Social Services and Public Safety, respectively;

(4) After the registrar receives a marriage notice accompanied by a statement to which subsection (2) applies, he shall notify the Registrar General and shall not complete a marriage schedule unless the Registrar General directs him to proceed under section 5.

(5) The Registrar General shall direct the registrar under section 16(7) to solemnise the marriage at the prison or hospital specified in the direction.

(6) In this section¾

(a) "prison" includes a remand centre and a young offenders centre; and

(b) "hospital", "patient", "private hospital" and "special accommodation" have the same meanings as in the Mental Health (Northern Ireland) Order 1986 (NI 4).

Supplementary

Registration districts and registration authorities

28.¾(1) Each local government district shall be a registration district and the district council shall be the local registration authority for the purposes of this Act.

(2) A district council shall, in the exercise of functions conferred on it as a local registration authority¾

(a) act as agent for the Department; and

(b) act in accordance with such directions as the Department may give to the council.

(3) Any expenditure to be incurred by the district council in the exercise of functions conferred on it as a local registration authority shall be subject to the approval of the Registrar General.

(4) The Department shall retain or, as the case may be, defray in respect of each financial year the amount of the difference between¾

(a) the aggregate of the amounts of salaries, pension provision and other expenses payable by virtue of this Act in respect of any registration district; and

(b) the aggregate of the amounts received in that registration district under any statutory provision or otherwise by way of fees or other expenses.

Registrars and other staff

29.¾(1) A local registration authority shall, with the approval of the Registrar General, appoint¾

(a) a registrar of marriages; and

(b) one or more deputy registrars of marriages.

(2) A person holding an appointment under subsection (1) may with the approval of, and shall at the direction of, the Registrar General be removed from his office of registrar or deputy registrar by the local registration authority.

(3) A local registration authority shall, at the direction of the Registrar General, appoint additional persons to solemnise civil marriages and carry out other functions for the purposes of this Act.

(4) A person shall not be appointed under subsection (1) or (3) if he is under the age of 21.

(5) Regulations may confer additional functions on a person holding an appointment under subsection (1).

(6) A person holding an appointment under subsection (1) shall, in exercising his functions under this Act or any other statutory provision, be subject to such instructions or directions as the Registrar General may give.

Registrars' offices

30. A local registration authority shall¾

(a) maintain a suitably equipped register office approved by the Registrar General; and

(b) comply with such directions as the Registrar General may give as to the custody of records and as to register offices generally.

Records and documents to be sent to Registrar General

31. A person shall, in accordance with such directions as the Registrar General may give, send to the Registrar General any record or document relating to marriages if directed by him to do so.

Annual report

32.¾(1) The Registrar General shall send the Department an annual report of the number of marriages registered during each year, together with such other information as he considers it appropriate to include.

(2) The Department shall lay the report before the Assembly.

Searches

33.¾(1) The Registrar General shall provide indexes to marriage registration records in his custody for inspection by the public.

(2) A registrar shall provide indexes to marriage registration records in his custody for inspection by the public.

(3) Any person may, on payment of the prescribed fee,¾

(a) search any index mentioned in paragraph (1) or (2); and

(b) require the Registrar General or, as the case may be, the registrar to give him a document in the prescribed form relating to the registration of a marriage.

(4) The Registrar General shall cause any document given by him under this section or section 34 to be stamped with the seal of the General Register Office, of which judicial notice shall be taken.

Proof of marriage for purposes of certain statutory provisions

34.¾(1) Where the marriage of a person is required to be proved for the purposes of any prescribed statutory provision, any person¾

(a) on application to the Registrar General; and

(b) on payment of the prescribed fee,

shall be entitled to a document in the prescribed form relating to the registration of the marriage of that person.

(2) An application under subsection (1) shall be in such form and accompanied by such particulars as the Registrar General may require.

(3) The Registrar General or any registrar may, on payment of the prescribed fee, issue such information (including a document as mentioned in subsection (1)) as may be required for the purposes of any prescribed statutory provision.

Fees

35.¾(1) The Department may by order prescribe¾

(a) any fee which is required to be prescribed for the purposes of this Act; and

(b) fees for such other matters as the Department considers necessary or expedient for the purposes of this Act.

(2) An order shall not be made under this section unless a draft of the order has been laid before and approved by resolution of the Assembly.

Offences

36.¾(1) Any person who¾

(a) being registered under section 9, solemnises a marriage without a marriage schedule in respect of the marriage issued in accordance with this Act, being available to him at the time of the marriage ceremony;

(b) not being registered under section 9 or mentioned in section 7(1)(b), conducts a marriage ceremony in such a way as to lead the parties to the marriage to believe that he is solemnising a valid marriage; or

(c) being a person mentioned in section 7(1)(a) or (b), solemnises a marriage without both parties to the marriage being present,

shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding six months or to both.

(2) Any person who¾

(a) being authorised under section 12(1), solemnises a marriage otherwise than in accordance with his authorisation;

(b) solemnises a marriage in contravention of section 13(2);

(d) contravenes section 10(3), 20 or 31,

shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(3) Notwithstanding anything in Article 19(1) of the Magistrates' Courts (Northern Ireland) Order 1981 (NI 26) (limitation of time for taking proceedings), proceedings for an offence under this Order may be instituted at any time within three years after the commission of the offence.

Regulations

37.¾(1) Regulations under this Act shall be subject to negative resolution.

(2) Regulations under this Act shall be made by the Department.

(3) Regulations may make such transitional or consequential provision, or such savings, as the Department considers necessary or expedient.

Repeals

38. The statutory provisions specified in the Schedule are hereby repealed to the extent specified in the second column of that Schedule.

Interpretation

39.¾(1) In this Act¾

"civil marriage" has the meaning given by section 7(2);

"the Department" means the Department of Finance and Personnel;

"district" means a registration district within the meaning of section 28(1);

"marriage notice" has the meaning given by section 1(2);

"marriage notice book" has the meaning given by section 2(2);

"medical practitioner" means a fully registered person within the meaning of the Medical Act 1983;

"officiant" means a person mentioned in section 7(1)(a);

"prescribed", except in relation to a fee, means prescribed by regulations and in relation to a fee means prescribed by order under section 35;

"registrar", except in section 6, has the meaning given by section 1(2);

"regulations" means regulations made by the Department;

"religious body" means an organised group of people meeting regularly for common religious worship;

"religious marriage" has the meaning given by section 7(2);

"statutory provision" has the meaning given by section 1(f) of the Interpretation Act (Northern Ireland) 1954 (c. 33);

"young person" means a person who is over the age of 16 but under the age of 18.

(2) Regulations may provide for references in this Act to a person solemnising a marriage to be construed in prescribed cases as such person as may be prescribed.

Commencement

40. The preceding provisions of this Act except sections 35, 37 and 39 shall come into operation on such day or days as the Department may by order appoint.

Short title

41. This Act may be cited as the Marriage Act (Northern Ireland) 2002.

Schedule

Repeals

Short Title	Extent of repeal
The Marriages (Ireland) Act 1844 (c. 81).	The whole Act.
The Marriages (Ireland) Act 1846 (c. 72).	The whole Act.
The Marriage (Society of Friends) Act 1860 (c. 18).	The whole Act.
The Marriage Law (Ireland) Amendment Act 1863 (c. 27).	The whole Act.
The Registration of Marriages (Ireland) Act 1863 (c. 90).	The whole Act.
The Matrimonial Causes and Marriage Law (Ireland) Amendment Act 1870 (c. 110).	Section 4. Sections 32 to 42. Schedule (A).
The Matrimonial Causes and Marriage Law (Ireland) Amendment Act 1871 (c. 49).	The whole Act.
The Marriage (Society of Friends) Act 1872 (c. 10).	The whole Act.
The Marriage Law (Ireland) Amendment Act 1873 (c. 16).	The whole Act.
The Marriages Validity Act 1899 (c. 27).	The whole Act.
The Marriage and Matrimonial Causes Act (Northern Ireland) 1946 (c. 16).	The whole Act.
The Marriages Act (Northern Ireland) 1954 (c. 21).	The whole Act.
The Registration of Births, Deaths and Marriages (Fees, etc.) Act (Northern Ireland) 1955 (c. 29).	The whole Act.
The Births, Deaths and Marriages Registration Act (Northern Ireland) 1956 (c. 5).	The whole Act.
The Marriage (Registration of Buildings) Act (Northern Ireland) 1967 (c. 32).	The whole Act.
The Age of Majority Act (Northern Ireland) 1969 (c. 28).	In Part I of Schedule 1 the entries relating to¾ the Marriages (Ireland) Act 1844 the Marriage Law (Ireland) Amendment Act 1863 the Matrimonial Causes and Marriage Law (Ireland) Amendment Act 1870 and the Marriages Act (Northern Ireland) 1954.
The Births, Deaths and Marriages Registration (Northern Ireland) Order 1973 (NI 8).	The whole Order.
The Armed Forces Act 1981 (c. 55).	In Schedule 3, paragraph 9.
The Departments (Northern Ireland) Order 1982 (NI 6).	In Schedule 3 the entries relating to¾ the Marriages (Ireland) Act 1844 the Marriage Law (Ireland) Amendment Act 1863 the Registration of Marriages (Ireland) Act 1863 the Matrimonial Causes and Marriage Law (Ireland) Amendment Act 1870 and the Matrimonial Causes and Marriage Law (Ireland) Amendment Act 1871.
The Marriage Act 1983 (c. 32).	Sections 3 to 11. Section 12(2).
The Mental Health (Northern Ireland) Order 1986 (NI 4).	In Part II of Schedule 5, the entries relating to the Marriage Act 1983.
The Social Security (Northern Ireland) Order 1986 (NI 18).	In Schedule 9, paragraph 52.
The Social Security (Consequential Provisions) (Northern Ireland) Act 1992 (c. 9).	In Schedule 2, paragraph 4.
The Family Law (Northern Ireland) Order 1993 (NI 6).	Article 3.
The Children (Northern Ireland) Order 1995 (NI 2).	In Schedule 9, paragraphs 10 to 12.
The Immigration and Asylum Act 1999 (c. 33).	Section 161(4). Section 162(2). Section 163(3) and (4). In Schedule 14, paragraphs 1 and 2.
The Northern Ireland (Modification of Enactments - No. 1) Order 1999 (S.I. 1999/663).	In Schedule 1 paragraphs 1, 2, 5, 10 and 11.