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STATUTORY INSTRUMENTS


2003 No. 1237

MARRIAGE, ENGLAND AND WALES

The Marriages Validity (Harrogate District Hospital) Order 2003

  Made 31st March 2003 
  Laid before Parliament 10th April 2003 
  Coming into force 21st May 2003 

Whereas by the Marriages Validity (Provisional Orders) Acts 1905 and 1924[1], as adapted and modified by the Statutory Orders (Special Procedure) (Substitution) Order 1949[2], power is conferred on the Lord Chancellor, in the case of marriages solemnized in England which appear to him to be invalid or of doubtful validity by reason of some informality, to make an order for the purpose of removing the invalidity or doubt and to include in the order such supplemental, incidental and consequential provisions, including provisions for relieving from liability ministers who may have solemnized the marriages to which the order relates, as appear to him to be necessary to expedient;

     And Whereas on 12th January 2002 a marriage was solemnized in Fountains Ward of Harrogate District Hospital between Jean Elizabeth Craven and Anthony Sheldon Craven in accordance with the rites of the Church of England;

     And Whereas except for the granting of a special licence of marriage by the Archbishop of Canterbury under section 5(b) of the Marriage Act 1949[3] in advance of the ceremony taking place, in all other respects the marriage was correctly and validly solemnized;

     And Whereas a special licence of marriage was not obtained due to the imminent deterioration in health and death of Anthony Sheldon Craven;

     And Whereas it is expedient in the circumstances to remove any invalidity or any doubt touching the validity of said marriage and to make certain supplemental, incidental and consequential provisions;

     Now, therefore, the Lord Chancellor, in exercise of the powers conferred upon him by the Marriages Validity (Provisional Orders) Acts 1905 and 1924, as adapted and modified by the Statutory Orders (Special Procedure) (Substitution) Order 1949, hereby makes the following Order:

     1. This Order may be cited as the Marriages Validity (Harrogate District Hospital) Order 2003.

    
2. The aforesaid marriage on 12th January 2002 between Jean Elizabeth Craven and Anthony Sheldon Craven shall be deemed to have been as valid as if it had been solemnized on the authority of a special licence of marriage granted by the Archbishop of Canterbury and shall be registered accordingly.

    
3. The minister who solemnized the aforesaid marriage shall not be liable to any proceedings whatsoever whether civil, criminal or otherwise by reason or in respect of the said solemnization or the late registration of the marriage.


Irvine of Lairg,
C

Dated 31st March 2003



EXPLANATORY NOTE

(This note is not part of the Order)


This Order is to remove any doubt as to the validity of the marriage and to provide for its registration, as well as removing any possible liability from the minister who carried out the ceremony. The marriage was in all respects correctly solemnized save for the granting of a special licence, which could not be obtained prior to the imminent deterioration in health and death of Anthony Sheldon Craven.


Notes:

[1] 1905 c. 23 and 1924 c. 20. Amended by the Transfer of Functions (Miscellaneous) Order 2001 S.I. 2001/3500.back

[2] S.I. 1949/2393.back

[3] 1949 c. 76.back



ISBN 0 11 045989 X


 
© Crown copyright 2003
Prepared 14 May 2003


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URL: http://www.bailii.org/uk/legis/num_reg/2003/20031237.html