Marriage Solemnisation
A civil marriage may be solemnized only in a registration office or in an approved place. A local registration authority may approve places where civil marriages may be solemnized in their district.
The Department may make regulations in connection with the approval of places. They may specify the kinds of places that may be approved; the procedure in relation to applications; matters to be taken into account; duration and renewal of approvals; conditions applicable; charging of fees; circumstances for suspension of an approval; review of decision; appeals to a county court from decisions; notification of the Registrar General of approvals granted, renewed, revoked, or suspended; keeping of registers in approved places; issue of guidance supplementing the regulations.
The Registrar General is to keep a register of persons registered as empowered to solemnize marriages. This is open to inspection by members of the public at reasonable times. Religious bodies must notify the Registrar General of the deaths of persons or changes in any information relevant to the application, and the register is to be amended accordingly.
The Registrar General may cancel the registration on the grounds that the person has requested it; that the body which applied for registered has requested cancellation; that the marriage ceremony used by the body no longer contains an appropriate declaration; that the person has committed an offence under the legislation; that he carries out the business of solemnizing marriages for gain; that he is not a fit and proper person to solemnize a marriage; or for any other reason should not continue to be registered.
Notice of the intention to cancel registration must be given. There is provision for an appeal against cancellation or refusal to register.
Temporary authorizations may be granted to a member of a religious body to solemnize one or more specified marriages or marriages in a specified period. It may be subject to conditions as may be specified.
The marriage may only be solemnized by an officiant or person appointed under legislation below. Religious bodies may apply to the Registrar General for a member named, over 21 years of age, to be registered as empowered to solemnize marriages in Northern Ireland.
The Registrar General may refuse the application if he considers the body not to be a religious body; the marriage ceremony used by the body is inconsistent with the appropriate declaration; or the person named is not a fit and proper person to solemnize a marriage.
There are provisions for marriage by persons in detention, in prisons or in hospitals. The Registrar General may permit the registrar to solemnize the marriage in the prison or hospital specified. Prison includes a remand center and young offender’s center as well as a prison. Hospital includes accommodation under the Mental Health (Northern Ireland) Order.
Each local government district is a registration district, and the district council is the local registration authority. The district council acts as an agent of the Department in exercising its function. The department is the Department of Finance and Personnel.
The local authority, with the approval of the Registrar General, is to appoint a registrar of marriages and one or more deputies. It may, at the direction of the Registrar General, appoint additional persons to solemnize civil marriages and carry out other functions under the legislation. Persons holding an appointment are subject to the instructions and directions of the Registrar General.
Local registration authorities are to maintain a suitably equipped registers office approved by the Registrar General. They are to comply with the directions of the Registrar General in relation to the custody of records.
The Registrar General is to send the Department an annual report of the number of marriages registered, together with other information considered appropriate to receive. The report is to be laid before the Assembly.
The Registrar General is to provide marriage registration records indexes that are available for inspection by the public. Searches may be made on payment of the prescribed fee. A certificate in the prescribed form is to be sufficient evidence of marriage.
It is an offense to solemnize a marriage without a marriage schedule, conduct a marriage ceremony; being so authorized in such a way as to lead the parties to believe that he is solemnizing a valid marriage, solemnize a marriage without both parties to the marriage being present.
Summary offense fine not exceeding level 5 on the standard scale.