PART V
REGISTRATION OF MARRIAGES

Persons by whom marriages are to be registered

40. Subject to the provisions of Part VI, a marriage shall be registered in accordance with this Part by the following person, that is to say —
(a) in the case of a marriage solemnized according to the rites of the Church of England, by the clergyman by whom the marriage is solemnized; ....

Provision of marriage register books by Chief Registrar

41. (1) The Chief Registrar shall furnish to —
(a) the rector, vicar or curate in charge of every church and chapel in which marriages may be solemnized according to the rites of the Church of England (in this Part called 'the incumbent'); ....
such number of register books for making entries of marriages in the prescribed form, and such number of forms for making certified copies of those entries, as may be required for the purposes of this Part.

(2) Marriage register books so furnished shall be of durable materials, and the heads of information required to be known and registered in relation to marriages shall be printed on each side of every leaf thereof, and every page of a marriage register book, and every place of entry therein, shall be numbered progressively from the begining to the end of the book, beginning with the number one, and every entry shall be divided from the following entry by a printed line.

Manner of registration of marriages

42. (1) Every person who is required under this Part to register a marriage shall, immediately after the solemnization of the marriage, register in duplicate in 2 marriage register books the particulars relating to the marriage in the prescribed form, except that where a registrar is required to register a marriage, the particulars need not be registered in duplicate.

(2) Every entry made in a marriage register book by virtue of this section shall be signed by the clergyman, minister or registrar by whom the marriage is solemnized, as the case may be, and by the parties to the marriage and 2 witnesses.

(3) Every entry made in a marriage register book by virtue of this section shall be made in consecutive order from the beginning to the end of each book and, in the case of an entry made otherwise than by a registrar, the number of the entry shall be the same in each duplicate marriage register book.

Quarterly returns to be made to the Chief Registrar

43. (1) Every incumbent, principal minister of a registered building and registrar shall in the months of January, April, July and October on such days as may be appointed by the Chief Registrar —
(a) make and deliver to the Chief Registrar, on forms supplied by the Chief Registrar, a true copy certified by him in the prescribed manner of all entries of marriages made in the marriage register book kept by him during the period of 3 months ending with the last day of the previous month; or
(b) if no marriage has been registered in the book during that period, deliver to the Chief Registrar a certificate to that effect under his hand, on a form supplied by the Chief Registrar.
(2) The Chief Registrar shall pay or cause to be paid the prescribed fee to every incumbent or minister by whom a certified copy is delivered under subsection (1).

(3) The certified copies sent to the Chief Registrar under this section and the register books sent to him under section 45(1) and (2) shall be kept at such place or places in such order and such manner as the Chief Registrar, subject to any directions of the Clerk of the Rolls, may think fit.

Custody of register books

44. Every incumbent, the principal minister of every registered building and every registrar shall keep marriage register books safely until they are filled, in accordance with regulations under section 51.

Filled register books

45. (1) Where any marriage register book required to be kept in duplicate under this Part is filled, one copy thereof shall be delivered to the Chief Registrar and the other copy-
(a) in the case of a register book kept by an incumbent, shall remain in the custody of the incumbent and be kept by him with the registers of baptisms and burials of the parish in which the marriages registered therein have been solemnized; ....

Correction of errors in register book

46. (1) A person required to register a marriage under this Part who discovers an error in the form or substance of an entry made in a marriage register book kept by him shall not be liable to any penalty by reason only that, within one month after the discovery of the error, he corrects the erroneous entry in the presence of the parties to the marriage to which the entry relates or, in the case of the death or absence of either of those parties, in the presence of the Chief Registrar and 2 other credible witnesses, by entry in the margin of the register book, without any alteration of the original entry.

(2) Any such marginal entry shall be signed by the person by whom the entry is made and shall be attested by the persons in whose presence the entry is required to be made under subsection (1), and the person by whom the entry is made shall add the date when it is made.

(3) Where any such marginal entry is made by a person who is required to register marriages in duplicate under this Part that person shall make the like entry, attested in the like manner, in the duplicate marriage register book.

(4) Any person who makes any such marginal entry aforesaid shall make the like entry in the certified copy of the register book required to be made by him under this Part or, if a certified copy has already been delivered to the Chief Registrar, shall make and deliver to the Chief Registrar a separate certified copy of the original erroneous entry and of the marginal correction made therein.

Disposal of register books on church ceasing to be used for solemnization of marriages

47. (1) Where any church or chapel of the Church of England ceases to be used for the solemnization of marriages, whether by reason of demolition, revocation of a licence or otherwise, any marriage register books in the custody of the incumbent of that church or chapel shall forthwith be delivered to the incumbent of the church which is, or becomes, the parish church of the parish in which the disused church or chapel is situated.

(2) Any incumbent to whom any marriage register books have been delivered under subsection (1)-

(a) shall, when he next delivers to the Chief Registrar under this Part a certified copy of the entries in the marriage register books of marriages solemnized in the parish church, deliver also a copy of all entries which have been made in the first mentioned marriage register books after the date of the last entry therein of which a certified copy has already been delivered to the Chief Registrar; and
(b) shall, unless the said first mentioned marriage register books are the only register books in use for the parish, forward such of the said books as have not been filled to the Chief Registrar in order that they may be formally closed.

Searches in register books

48. Every incumbent, principal minister of a registered building and registrar by whom a marriage register book is kept shall at all reasonable hours allow searches to be made in any marriage register book in his keeping, and shall give a copy certified under his hand of any entry in such a book, on payment of the prescribed fee.

Searches of indexes kept by Chief Registrar

49. (1) The Chief Registrar shall cause indexes of all certified copies of entries in marriage register books sent to him under this Part to be made and kept in the General Registry.

(2) Any person shall be entitled to search the said indexes at any time when the General Registry is open for that purpose, and to have a certified copy of any entry in the said certified copies of marriage register books, on payment to the Chief Registrar of the prescribed fee.

(3) Any certified copy of an entry given in the General Registry shall be signed by or on behalf of the Chief Registrar; and any certified copy of an entry purporting to be so signed shall be received as evidence of the marriage to which it relates without any further or other proof of the entry.

Interpretation of Part V

50. In this Part 'incumbent' has the meaning assigned to it by section 41(1).

PART VI
GENERAL

Regulations

51. (1) The Clerk of the Rolls may make regulations prescribing any matter (other than any fee) which by this Act may be prescribed.

(2) The Treasury may by regulations prescribe any fee which by this Act may be prescribed.

NOTE: S.51: Subs.(2) amended by Treasury Act 1985 Sch 2.
(3) Regulations under subsection (2) shall not have effect unless they are approved by Tynwald.

Offences relating to solemnization of marriages

52. (1) Any person who knowingly and wilfully —
(a) solemnizes a marriage at any other time than between the hours of 7 a.m. and 6 p.m. (not being a marriage by special licence);
(b) solemnizes a marriage according to the rites of the Church of England without banns having been duly published (not being a marriage solemnized on the authority of a special licence or a common licence);
(c) solemnizes a marriage according to the said rites (not being a marriage by special licence) in any place other than a church or other building in which banns may be published;
(d) solemnizes a marriage according to the said rites falsely pretending to be in Holy Orders;
shall be guilty of an offence and liable on conviction on information to imprisonment for a term not exceeding 2 years, or to a fine, or to both.

(2) Any person who knowingly and wilfully —

(a) solemnizes a marriage (not being a marriage by special licence), in any place other than —
(i) a church or chapel in which marriages may be solemnized according to the rites of the Church of England, or
(ii) a registered building or registrar's office specified in the notice of marriage and certificate required under Part III;
(iii) in the case of a marriage on the authority of a Deemster's licence, at any place other than the place specified in the licence;
.... shall be guilty of an offence and liable on conviction on information to imprisonment for a term not exceeding 2 years, or to a fine, or to both. ....

(4) No prosecution under this section shall be commenced after the expiration of 3 years from the commission of the offence.

Offences relating to registration of marriages

54. (1) Any person who refuses or without reasonable cause omits to register any marriage which he is required by this Act to register, and any person having the custody of a marriage register book or a certified copy of a marriage register book or part thereof who carelessly loses or injures the said book or copy or carelessly allows the said book or copy to be injured while in his keeping, shall be liable on summary conviction to a fine not exceeding £2,500.

(2) Where any person who is required under Part V to make and deliver to the Chief Registrar a certified copy of entries made in the marriage register book kept by him, or a certificate that no entries have been made therein since the date of the last certified copy, refuses to deliver any such copy or certificate, or fails to deliver any such copy or certificate during any month in which he is required to do so, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding £2,500. ....

Interpretation

55. In this Act —
'banns' means banns of matrimony;
'clergyman' means a clerk in Holy Orders of the Church of England, and includes a clerk in Holy Orders of the Church in Wales or the Church of Ireland;
'common licence' has the meaning assigned to it by section 5;
'Deemster's licence' means a licence under Part IV;
'marriage notice book' has the meaning assigned to it by section 20(4);
'parish' means an ecclesiastical parish and includes a parochial district;
'prescribed' means prescribed by regulations made under section 51;
'public chapel' means a chapel licensed by the Bishop under section 14(1) for the solemnization of marriages;
'registered building' means a building registered under section 29;
'registrar' means a registrar of marriages;
'registration district' means a registration district for the purpose of the Civil Registration Act 1984;
'special licence' has the meaning assigned to it by section 5.
NOTE: S.55: definition of 'adoptive' repealed by Adoption Act 1984 Sch 5; definition of 'clergyman' amended by SD254/94; definitions of 'marital child' and 'non-marital child' repealed by Family Law Act 1991 Sch 6.

Transitional provisions, consequential amendments and savings

56. ....
(4) Nothing in this Act affects any law or custom relating to the marriage of members of the Royal Family.
(5) Nothing in this Act affects the right of the Bishop to grant special licences to marry at any convenient time or place.
(6) Nothing in this Act affects the validity of any marriage solemnized before the commencement of this Act.
(7) Nothing in this Act enables any proceedings to be taken in an ecclesiastical court which could not have been taken if this Act had not been passed.
(8) Nothing in this Act requires any caution or security to be given which would not have required to be given if this Act had not been passed.

Short title and commencement

57. (1) This Act may be cited as the Marriage Act 1984.
(2) This Act shall come into operation on the same day as the Civil Registration Act 1984.
NOTE: The Act was brought into force on 1st January 1985 by GC271/84.

SCHEDULE 1
PROHIBITED DEGREES OF RELATIONSHIP
MotherFather
Adoptive mother or former adoptive motherAdoptive father or former adoptive father
DaughterSon
Adoptive daughter or former adoptive daughterAdoptive son or former adoptive son
Father's motherFather's father
Mother's motherMother's father
Son's daughterSon's son
Daughter's daughterDaughter's son
SisterBrother
Wife's motherHusband's father
Wife's daughterHusband's son
Father's wifeMother's husband
Son's wifeDaughter's husband
Father's father's wifeFather's mother's husband
Mother's father's wifeMother's mother's husband
Wife's father's motherHusband's father's father
Wife's mother's motherHusband's mother's father
Wife's son's daughterHusband's son's son
Wife's daughter's daughterHusband's daughter's son
Son's son's wifeSon's daughter's husband
Daughter's son's wifeDaughter's daughter's husband
Father's sisterFather's brother
Mother's sisterMother's brother
Brother's daughterBrother's son
Sister's daughterSister's son