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 registered. This applies to marriages outside the Church of England, the Society of Friends, or Jewish ceremonies.
Description
The bill adds a new subsection (2B) to Section 75 of the Marriage Act 1949. This new subsection criminalizes the act of knowingly and wilfully purporting to solemnize a marriage that is not registered. This applies to all marriages outside of those conducted according to the rites of the Church of England, the usages of the Society of Friends, or the usages of the Jewish religion. The penalty for this offence is a fine upon summary conviction. The bill explicitly excludes marriages under the aforementioned religious bodies. The Act only applies to England and Wales and comes into effect six months after being passed.
Government Spending
The bill is not expected to have a significant impact on government spending. The cost will primarily relate to enforcement, which is not detailed in the bill text.
Groups Affected
- Individuals purporting to solemnize unregistered marriages: These individuals will face potential fines if found guilty of the new offence.
- Couples involved in unregistered marriages: While not directly penalized, couples participating in these ceremonies may face legal repercussions indirectly, depending on the circumstances.
- Law enforcement agencies: These agencies will be responsible for enforcing the new law.
- The Judiciary: Magistrates will have the responsibility of hearing and sentencing those found guilty under this new law.
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