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FOREIGN MARRIAGE ACT 1892 - SECT 21

Power to make marriage regulations.

21.(1) Her Majesty the Queen in Council may make regulations (in this Act
referred to as the marriage regulations)

(a)Prohibiting or restricting the exercise by marriage officers of their
powers under this Act in cases where the exercise of those powers appears to
Her Majesty to be inconsistent with international law or the comity of
nations, or in places where sufficient facilities appear to Her Majesty to
exist without the exercise of those powers, for the solemnisation of marriages
to which a British subject is a party; and

(b)Determining what offices, chapels, or other places are, for the purposes of
marriage under this Act, to be deemed to be part of the official house or the
office of a marriage officer; and

(c)Modifying in special cases or classes of cases the requirements of this Act
as to residence and notice, so far as such modification appears to Her Majesty
to be consistent with the observance of due precautions against clandestine
marriages; and

(d)Prescribing the forms to be used under this Act; and

(e)Adapting this Act ... to marriages by or before a governor, high
commissioner, resident, or other officer, and authorising the appointment of a
person to act under this Act in the place of a high commissioner or resident;
and

(f)Determining who is to be the marriage officer for the purpose of a marriage
in the official house of a British ambassador, ... whether such officer is
described in the regulations or named in pursuance thereof, and authorising
such officer to act without any marriage warrant; and

(g)Determining the conditions under which and the mode in which marriages
solemnised in accordance with the local law of a foreign country may be
registered under this Act; and

(h)Making such provisions as seem necessary or proper for carrying into effect
this Act or any marriage regulations; and

(i)Varying or revoking any marriage regulations previously made.

(2) All regulations purporting to be made in pursuance of this section may be
made either generally or with reference to any particular case or class of
cases, and shall be published under the authority of Her Majesty's Stationery
Office, and laid before both Houses of Parliament, and deemed to be within the
powers of this Act, and shall while in force have effect as if enacted by
this Act.

(3) Any marriage regulations which dispense for any reason, whether residence
out of the district or otherwise, with the requirements of this Act as to
residence and notice, may require as a condition or consequence of the
dispensation, the production of such notice, certificate, or document, and the
taking of such oath, and may authorise the publication or grant of such
notice, certificate, or document, and the charge of such fees as may be
prescribed by the regulations; and the provisions of this Act, including those
enacting punishments with reference to any false notice or oath, shall apply
as if the said notice, certificate, or document were a notice, and such oath
were an oath, within the meaning of those provisions.[


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© 1892 Crown Copyright

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