PART I
RESTRICTIONS ON MARRIAGE

1. Marriages within prohibited degrees

[(1) A marriage solemnized between two people is void if —

(a) they are of the same gender;
(b) either of them is lawfully married; or
(c) one of them falls within the list in paragraph 1 of Schedule 1 in relation to the other.

(2) A marriage solemnised between two people is void if one of them falls within the list in paragraph 2 of that Schedule in relation to the other, unless —

(a) they have both attained the age of 21 at the time of the marriage; and
(b) the younger has not at any time before attaining the age of 18 been a child of the family in relation to the older.

(3) If it appears to the Council of Ministers to be expedient, in the light of any amendment to, or re-enactment of, the provisions of the Marriage Act 1949 (of Parliament) relating to the prohibited degrees of relationship referred to in subsection (1)(c), to amend this section or Schedule 1 to this Act, it may by order make those amendments.

(4) An order under subsection (3) may contain such incidental, consequential, supplemental and transitional provisions, including amendments to other enactments, as the Council of Ministers thinks appropriate.

(5) For the purposes of subsection (1)(a) the gender of a person in respect of whom a full gender recognition certificate has been issued is the acquired gender within the meaning of the Gender Recognition Act 2009.]


NOTE S.1 substituted by Marriage and Civil Registration (Amendment) Act 2011 Sch.1 para.1.

2. Marriages of persons under 16

A marriage solemnized between persons either of whom is under the age of 16 shall be void.

3. Marriages of persons under 18

[(1) Where the marriage of a minor, not being a widow or widower, is intended to be solemnized on the authority of a certificate of a registrar under Part III, the consent of the following persons is required -

(a) subject to paragraphs (b) to (d), each parent (if any) of the minor who has parental responsibility for him, and each guardian (if any) of the minor;
(b) where a residence order is in force with respect to the minor, the person or persons with whom he lives or is to live in accordance with the order (instead of the consents required by paragraph (a));
(c) where a care order is in force with respect to the minor, the authority in whose care he is by virtue of the order (as well as the consents required by paragraph (a));
(d) where neither paragraph (b) nor paragraph (c) applies but a residence order was in force with respect to the minor immediately before he reached the age of 16, the person or persons with whom he lived or was to live in accordance with the order (instead of the consents required by paragraph (a)).]

(2) If [a registrar] is satisfied that the consent of any person whose consent is so required cannot be obtained -

(a) by reason of absence or inaccessibility; or
(b) by reason of his being under any disability;
the necessity for the consent of that person shall be dispensed with, if there is any other person whose consent is also required.

(3) If the Chief Registrar is satisfied as mentioned in subsection (2) and there is no other person whose consent is required, the Chief Registrar may dispense with the necessity of obtaining any consent, or the High Court may consent to the marriage.

(4) If any person whose consent is required under subsection (1) refuses his consent, the High Court may consent to the marriage.

(5) The consent of the High Court under subsection (3) or (4) shall have the same effect as if it had been given by the person whose consent cannot be obtained, or is refused, as the case may be.

(6) Subsections (1) to (5) apply to marriages intended to be solemnized in accordance with Part II, with the substitution, for references to the registrar -

(a) of references to the Bishop, Vicar General or surrogate, in the case of a marriage intended to be solemnized on the authority of a common licence; or
(b) of references to the [cleric] solemnizing the marriage, in the case of a marriage intended to be solemnized after the publication of banns;
and, for references to the Chief Registrar, of references to the Bishop or the Vicar General.

(7) Where the marriage of a minor, not being a widower or widow, is intended to be solemnized after the publication of banns and any person specified in [subsection (1)] openly and publicly declares or causes to be declared, in the church or chapel in which the banns are published, at the time of publication, his dissent from the intended marriage, the publication of banns shall be void.

(8) . . . . .

(9) Where for the purpose of obtaining a licence for marriage under Part II . . . a person declares under section 13 . . . that the consent of any person or persons whose consent to the marriage is required under subsection (1) has been given, the Bishop, Vicar General or surrogate, . . . may refuse to grant or issue the same unless satisfied by production of written evidence that the consent of that person or those persons has been obtained.

(10) Applications to the High Court under this section shall be heard in chambers.

(11) Nothing in this section shall dispense with the necessity of obtaining the consent of the High Court to the marriage of a ward of court.

[(12) In this section -

"care order", in relation to a minor, means any order made by a court in the Island placing the minor in the care of a public authority;
"parental responsibility" and "residence order" have the same meanings as in the Family Law Act 1990.]


NOTE S.3: subs.(1) and words in square brackets in subs.(7) substituted, and subs.(12) inserted, by Family Law Act 1991 Sch.5 para.16; subs.(8), and words omitted in subs.(9), relate to marriages under Parts III & IV; words in square brackets in subs.(2) substituted by Marriage and Civil Registration (Amendment) Act 2011 Sch.1 para.2.

. . . . .


NOTE S.4 (substituted by Marriage and Civil Registration (Amendment) Act 2011 Sch.1 para.3) does not apply to marriage according to the rites of the Church of England. Under Canon B35.3 a marriage after banns or by common licence may be solemnized only between 8 am and 6 pm.

PART II
MARRIAGE ACCORDING TO THE RITES OF THE CHURCH OF ENGLAND

Preliminary

5. Methods of authorising marriages

A marriage according to the rites of the Church of England may be solemnized -

(a) after the publication of banns of matrimony;
(b) on the authority of a special licence of marriage granted by the Bishop, under his hand and episcopal seal, to marry at any convenient time or place (in this Act referred to as a "special licence"); or
(c) on the authority of a licence of marriage (other than a special licence) granted by the Bishop, Vicar General or surrogate (in this Act referred to as a "common licence").

5A. Marriages between certain persons

(1) No cleric shall be obliged to solemnize a marriage falling within subsections (2) to (5).

(2) A marriage falls within this subsection if, but for satisfying the conditions in section 1(2)(a) and (b), it would be void by virtue of that subsection (marriage of close relatives not void if younger spouse not child of the family of elder).

(3) A marriage falls within this subsection if one of the parties is a person —

(a) whose former marriage [or civil partnership] has been dissolved on any ground; and
(b) whose former spouse [or civil partner] is still living.

(4) A marriage falls within this subsection if one of the parties is —

(a) the former spouse [or civil partner] of the other's parent; or
(b) the parent of the other's former spouse [or civil partner].

(5) A marriage falls within this subsection if one of the parties is a person whose gender the cleric reasonably believes to be the acquired gender within the meaning of the Gender Recognition Act 2009.

(6) No cleric shall be obliged to permit a marriage falling within subsections (2) to (5) to be solemnized in the church or chapel of which the cleric is the incumbent.]


NOTE S.5A inserted by Gender Recognition Act 2009 Sch.2 para.2, substituted by Marriage and Civil Registration (Amendment) Act 2011 Sch.1 para.4. Words in square brackets in subss.(3) and (4) inserted by Civil Partnership Act 2011 Sch.14 para.67.

Marriage by banns

6. Place of publication of banns

(1) Subject to the provisions of this Act, where a marriage is intended to be solemnized after the publication of banns of matrimony, the banns shall be published -

(a) if the persons to be married reside in the same parish, in the parish church of that parish;
(b) if the persons to be married do not reside in the same parish, in the parish church of each parish in which one of them resides.

(2) Banns may be published in any parish church or public chapel which is the usual place of worship of the persons to be married or of one of them[, whether or not those persons or one of them] resides in the parish to which the church or chapel is situated.

(3) The publication of banns by virtue of subsection (2) shall be in addition to and not in substitution for the publication of banns required by subsection (1).

(4) If one of the persons to be married is, at the time of publication of banns in the Island, resident in any part of the United Kingdom or any of the Channel Islands, publication of the banns in any church of the parish or place in which that person is resident, according to the law or custom of that part of the United Kingdom or Channel Islands in which the parish or place is, shall be sufficient compliance with this section as respects that person. . . .


NOTE S.6: words in square brackets in subs.(2) substituted by Marriage and Civil Registration (Amendment) Act 2011 Sch.1 para.5; subs.(5) repealed by Pastoral Measure 1983 Sch.9 (modified).

7. Time and manner of publication of banns

(1) Subject to section 9, banns shall be published on 3 Sundays preceding the solemnization of the marriage at the time of divine service.

(2) Banns shall be published in an audible manner and in accordance with one of the following forms of words -

"I publish the banns of marriage between A.B. of ----- and C.D. of -----. If any of you know any cause or just impediment why these two persons should not be joined together in holy matrimony, ye are to declare it. This is the first [second or third] time of asking." or
"I publish the banns of marriage between A.B. of ----- and C.D of -----. This is the first [second or third] time of asking. If any of you know any reason in law why these persons may not marry each other, you are to declare it now."

(3) [Every parochial church council shall provide for every church or chapel in its district] in which marriages may be solemnized a register book of banns made of durable materials and marked in the manner directed by section 41(2) for the register book of marriages, and all banns shall be published from the said register book of banns by the officiating [cleric], and not from loose papers, and after each publication the entry in the register book shall be signed by the officiating [cleric], or by some person under his direction.


NOTE S.7: subs.(3): first words in square brackets substituted by Statute Law Revision Measure (Isle of Man) 1994 Sch.1 para.4(1); second and third words in square brackets substituted by Marriage and Civil Registration (Amendment) Act 2011 Sch.1 para.32.

8. Notice to [cleric] before publication of banns

No [cleric] shall be obliged to publish banns of matrimony unless the persons to be married, at least 7 days before the date on which they wish the banns to be published for the first time, deliver or cause to be delivered to him a notice in writing, dated on the day on which it is so delivered, stating the christian name and surname and the place of residence of each of them, and the period during which each of them has resided at his or her place of residence, and whether or not he or she has been married before.

Persons by whom banns may be published

9. (1) Subject to this section and to section 14 of the Marriage Act 1949 (an Act of Parliament), it shall not be lawful for any person other than a [cleric] to publish banns of matrimony.

(2) Where on any Sunday in any church or other building in which banns of matrimony may be published a clergyman does not officiate at the service at which it is usual in that church or building to publish banns, the banns may be published -

(a) by a [cleric] at some other service at which banns of matrimony may be published; or
(b) by a layman during the course of a public reading authorised by the Bishop of a portion or portions of the service of morning or evening prayer, the public reading being at the hour when the service at which it is usual to publish banns is commonly held or at such other hour as the Bishop may authorise.

(3) Banns shall not be published by a layman under this section unless the incumbent [. . .] has made or authorised to be made the requisite entry in the register book of banns of the said church or building.

(4) Where a layman publishes banns of matrimony by virtue of this section the layman shall sign the register book of banns provided under section 7, and for that purpose shall be deemed to be the officiating [cleric] within the meaning of that section.


NOTE S.9: subss.(2) & (4): word in square brackets substituted by Marriage and Civil Registration (Amendment) Act 2011 Sch.1 para.32; subs.(3): words omitted repealed by ib. Sch.5.

10. Certificates of publication of banns

(1) Where a marriage is intended to be solemnized after the publication of banns and the persons to be married do not reside in the same parish, a clergyman shall not solemnize the marriage in the parish or district in which one of those persons resides unless there is produced to him a certificate that the banns have been published in accordance with the provisions of this Part in the parish in which the other person resides.

(2) Where a marriage is intended to be solemnized in a church or chapel of a parish in which neither of the persons to be married resides, after the publication of banns therein by virtue of section 6(2), a clergyman shall not solemnize the marriage unless there is produced to him -

(a) if the persons to be married reside in the same parish, a certificate that the banns have been published in accordance with the provisions of this Part in that parish; or
(b) if the persons to be married do not reside in the same parish, certificates that the banns have been so published in each parish in which one of them resides.

(3) Any certificate required under this section shall be signed by the incumbent [. . . ] of the building in which the banns were published or by a clergyman nominated in that behalf by the Bishop.

11. Solemnization of marriage after publication of banns

(1) Subject to this Part, where banns have been published, the marriage shall be solemnized in the church or chapel or, as the case may be, one of the churches or chapels in which the banns have been published.

(2) Where a marriage is not solemnized within 3 months after the completion of the publication of the banns, that publication shall be void and no clergyman shall solemnize the marriage on the authority thereof.