(2) A marriage solemnized between a woman and any of the persons mentioned in the second column of Schedule 1 shall be void.
(3) Subject to subsection (4), nothing in subsections (1) and (2) applies to a marriage between a man and a woman who is the sister, aunt or niece of a former wife of his (whether living or not), or was formerly the wife of his brother, uncle, or nephew (whether living or not).
(4) Subsection (3) does not validate a marriage if either party to it is at the time of the marriage domiciled in a country outside the Island and under the law of that country there cannot be a valid marriage between the parties.
(5) Words of kinship in subsection (3) apply equally to kin of the whole and of the half blood.
(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 the registrar is satisfied that the consent of any person whose consent is so required cannot be obtained -
(a) by reason of absence or inaccessibility; orthe necessity for the consent of that person shall be dispensed with, if there is any other person whose consent is also required.
(b) by reason of his being under any disability;
(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; orand, for references to the Chief Registrar, of references to the Bishop or the Vicar General.
(b) of references to the clergyman solemnizing the marriage, in the case of a marriage intended to be solemnized after the publication of banns;
(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.]
(2) . . . . .
Preliminary
(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").
(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 although neither of those persons 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. . . .
(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 -----. 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 clergyman, and not from loose papers, and after each publication the entry in the register book shall be signed by the officiating clergyman, or by some person under his direction.
(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 clergyman 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 or minister in charge of the said church or building, or some other clergyman nominated in that behalf by the Bishop, 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 clergyman within the meaning of that section.
(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 or minister in charge of the building in which the banns were published or by a clergyman nominated in that behalf by the Bishop.
(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.