Ecclesiastical Committee Two-Hundred and Twenty-Fifth Report


I. Sections 4 and 5 - Supplementary provisions, citation, commencement and extent

93.  Section 4(1) deals with the interpretation of the Measure.

94.  Section 4(2) was inserted by the Revision Committee. It provides that where a marriage has been solemnised under the Measure and an issue subsequently arises as to whether it was valid:

  • it will not be necessary to prove that one of the couple had a qualifying connection with the parish concerned in order to establish that the marriage is valid; and
  • if the validity of the marriage is questioned in any legal proceedings, it will not be possible to adduce evidence that there was no qualifying connection.

This provision was added in order to parallel a corresponding provision in the 1949 Act which applies to marriages where one or both of the parties have their names on the church electoral roll of the parish. It helps to provide certainty by preventing the validity of the marriage being questioned in legal proceedings by re-opening the question of whether there was a qualifying connection.

95.  Section 5 deals with the citation, commencement and extent of the Measure. It will not apply in the Isle of Man or the Channel Islands unless and so far as it is extended to them under the special legislation applying to them.

MATTERS RAISED BEFORE THE REVISION COMMITTEE AND THE GENERAL SYNOD

96.  Apart from the addition of section 4(2) by the Revision Committee, which did not prove contentious, no issues of substance were raised on these sections in the Revision Committee or before the full Synod.


 
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