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by Munro Research

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 is not officially registered, except for specific religious ceremonies.

Description

The bill adds a new clause (2B) to Section 75 of the Marriage Act 1949. This new clause criminalizes the act of knowingly and wilfully pretending to perform a marriage ceremony for a couple whose marriage is not registered, unless the ceremony is a Church of England, Quaker, or Jewish ceremony performed according to their respective customs. The penalty for this offence is a fine upon summary conviction. The act 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 primarily involve the enforcement of the new law by existing agencies. No specific figures are provided in the bill text.

Groups Affected

  • Individuals purporting to solemnize unregistered marriages: These individuals will be subject to the new criminal offence and potential fines.
  • Couples involved in unregistered marriages: While not directly criminalized, couples involved in such ceremonies may face legal consequences depending on the circumstances.
  • Law enforcement agencies: These agencies will be responsible for enforcing the new law.
  • The Judiciary: The courts will be responsible for hearing cases brought under the amended legislation.

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