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Marriage Act 1949 (Amendment) Bill [HL]

Current Stage: 1st reading

Last updated: 28/04/2022

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Overview

This bill amends the Marriage Act 1949 to make it a criminal offence for anyone to knowingly and wilfully pretend to conduct a marriage ceremony that hasn't been registered, except for specific religious ceremonies.

Description

The bill adds a new subsection (2B) to section 75 of the Marriage Act 1949. This new subsection criminalises the act of knowingly and wilfully pretending to conduct a marriage ceremony for a couple whose marriage is not registered, unless the marriage is conducted according to the rites of the Church of England, the usages of the Society of Friends, or the usages of the Jewish faith.

The offence is punishable by a fine upon summary conviction.

The bill applies only to England and Wales and comes into force six months after it is passed.

Government Spending

The bill is not expected to have a significant impact on government spending. The cost will mainly relate to enforcement by existing law enforcement agencies.

Groups Affected

Groups potentially affected include:

  • Individuals who conduct unregistered marriage ceremonies: They could face fines if found guilty of the new offence.
  • Couples involved in unregistered marriages: While not directly criminalised, the impact on them may be indirect if their chosen celebrant is prosecuted.
  • Law enforcement agencies: They will be responsible for investigating and prosecuting those who violate the amended act.
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