A message from Kelvin Holdsworth in relation to my throwaway reference to special  marriage licences – Kelvin being Provost of St Mary’s Cathedral, Glasgow – reminded me of one of the stranger provisions of the Marriage Act 1949.

Section 13 reads as follows:

“Publication of banns in Scotland, Northern Ireland or Republic of Ireland: Where a marriage is intended to be solemnized in England, after the publication of banns of matrimony, between parties of whom one is residing in England and the other is residing in Scotland, Northern Ireland or the Republic of Ireland, then, if banns have been published or proclaimed in any church of the parish or place in which that other party is residing according to the law or custom there prevailing, a certificate given in accordance with that law or custom that the banns have been so published or proclaimed shall as respects that party be sufficient for the purposes of section eleven of this Act, and the marriage shall not be void by reason only that the banns have not been published in the manner required for the publication of banns in England”.

Moreover, s 78 (interpretation) provides that

“Any reference in this Act to the Church of England shall, unless the context otherwise requires, be construed as including a reference to the Church in Wales”.

In Scotland, banns were abolished by s 27 of the Marriage (Scotland) Act 1977 which came into effect on 1 January 1978 and the Church of Scotland abolished any internal canonical requirement for banns by passing a reciprocal Act of Assembly: Act III 1978 Anent Proclamation of Banns. Continue reading →