Marriage Act 1949 (Amendment) Bill [HL]
Official Summary
A Bill to amend the Marriage Act 1949 to create an offence of purporting to solemnize an unregistered marriage
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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 isn't registered, except for Church of England, Quaker, or Jewish ceremonies conducted according to their respective traditions. The penalty is a fine upon summary conviction.
Description
This bill adds a new subsection (2B) to Section 75 of the Marriage Act 1949. This new subsection creates a new offense. It will be an offense to knowingly and wilfully pretend to conduct a marriage ceremony (excluding Church of England, Quaker, and Jewish ceremonies conducted according to their traditions) for a couple whose marriage has not been registered, and is not registered during the ceremony. The punishment for this offense is a fine, determined through summary conviction.
Geographic Scope and Effective Date
The bill applies only to England and Wales. It will come into effect six months after it becomes law.
Government Spending
The bill is not expected to significantly impact government spending. The cost of enforcement would likely be minimal, as it relies on existing law enforcement mechanisms and court processes.
Groups Affected
This bill will primarily affect individuals who:
- Those who knowingly and wilfully conduct unregistered marriage ceremonies: They risk facing a fine if convicted.
- Couples who participate in unregistered marriage ceremonies: While not directly penalized, they might face legal complications if the ceremony is deemed invalid.
- Law enforcement agencies: They will be responsible for investigating and prosecuting cases under the new offense.
- The Judiciary: Courts will deal with any cases brought under the amended act.
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