Registration of Births, Deaths and Marriages BRd 2

CHAPTER 61

REGISTRATION OF BIRTHS, DEATHS AND MARRIAGES

(DPSN CENTRE)

CONTENTS

SECTION I - GENERAL

Para
J.6101. General
J.6102. Marriages in the United Kingdom
J.6103. Marriages Outside the United Kingdom under Foreign Marriage Acts
J.6104. Civil Registration of Births and Deaths in the United Kingdom
J.6105. Service Registration of Births, Deaths and Marriages outside the
United Kingdom
J.6106. Registration of Deaths Occurring on an RAF Passenger-Carrying Aircraft
outside the United Kingdom and Outside its Territorial Waters
J.6107. Local Registration of Births and Deaths outside the United Kingdom
J.6108. Burial in the United Kingdom Following Death Aboard a Ship or Aircraft
6109. Record of Deaths and Births in Ship’s Log

SECTION II - BANNS OF MARRIAGE IN HM SHIPS AT SEA

6121. Naval Marriages Act, 1908, and Marriage Act, 1949, Section 14 (1)
6122. Application of Banns of Marriage
6123. Request for Publication of Banns
6124. Publication of Banns
6125. Forbidding of Banns
6126. Certificate of the Publication of Banns
6127. Disposal of Records

SECTION III - NOTICE OF MARRIAGE IN HM SHIPS AT SEA

6131. Naval Marriages Act, 1908, and Marriage Act, 1949, Section 39 and
Marriage Act, 1983
6132. Application of Notice of Marriage
6133. Giving Notice of Marriage
6134. Notice of Marriage given to the Captain On Board HM Ships
6135. Publication of Notice
6136. Marriages in Scotland
6137. Northern Ireland Marriages
6138. Objections to Marriage
6139. Certificate of Marriage
6140. Disposal of Records

SECTION IV - MARRIAGES IN NAVAL CHAPELS

6151. Marriages in Naval Chapels

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SECTION V - NAVAL AND ROYAL MARINES CHAPELS LICENSED OR REGISTERED

FOR MARRIAGES

6161. Naval Chapels (Church of England)

6162. Naval chapels (Church of Scotland and Free Churches)
6163. Naval chapels (Roman Catholic)
6164. Naval chapels licensed under the Marriage Act, 1949

ANNEXES

Annex 61A: Naval and Royal Marines Chapels Licensed or Registered for Marriage
J.Annex 61B:Births, Deaths and Marriages Occurring Outside the United Kingdom
- Registration
J.Annex 61C:Foreign Marriage Acts, 1892 - 1947

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CHAPTER 61

REGISTRATION OF BIRTHS, DEATHS AND MARRIAGES

SECTION I - GENERAL

J.6101. General

1. A member of HM Forces is to report to his Commanding Officer, as soon as possible,

any change in his marital status, including divorce or separation, and (except in the Royal
Navy) any birth or death in his family. All reports are to be supported by the relevant
certificate or other official documents, which should be returned by the Commanding
Officer to the owner as soon as possible. All consequent changes in the name, address
and relationship of the nearest relative or friend are also to be reported as provided in
BR 8373, Officers’ Career Regulations and BR 8748 Ratings’ Terms of Service. Any costs
incurred in connection with the registration of births, deaths and marriages are to be paid
by the individual concerned or his next-of-kin.

2. (Navy only.) Marriages - Reports. Reports of marriages are also to be made in

accordance with JSP 594, Naval Pay Regulations, Articles 1403 and 1406 (Article 1404,
for members of the WRNS or QARNNS). It is not necessary to ask for permission to marry
an alien but any officer or rating who marries a person of alien birth is to report the fact to
the Ministry of Defence through the usual channels for the record, preferably with the
report required by BR 1950, Naval Pay Regulations. WRNS officers, immediately after
their marriage, are to report their change of name and status to Naval Secretary, copy to
the Command WRNS Officer. The report should contain the following details:

a. Officer’s former name.

b. Rank.

c. Present appointment.

d. Age at the time of marriage.

e. Husband’s name (in full).

f. Husband’s nationality at the time of marriage.

g. Husband’s nationality at birth.

h. Husband’s address.

j. Date of marriage.

k. Place where ceremony was performed.

l. Names of officiating clergyman, and subscribing witnesses.

The report should be signed and, if applicable, the officer’s address on release should be
given.

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3. (Army and RAF only.) Adoption of Children. Adoption of a child is to be reported in

the same way as a birth and the Commanding Officer is to be furnished with a copy of the
Adoption Order or a certificate of the entry in the Adopted Children’s Register. The same
procedure is to apply when an interim order is made or when the child of a member of HM
Forces is adopted by some other person.

J.6102. Marriages in the United Kingdom

1. The requirements of the law relating to the publication of banns or giving notice of
marriage and to the solemnization and registration of a marriage vary according to whether
the marriage takes place in England and Wales, in Scotland or in Northern Ireland1. To
ensure that they are aware of the requirements of the law of the country in which they, or
members of their families, intend to marry, Service personnel are advised to consult their
Commanding Officer or Chaplain.

2. (Navy only.) The conditions applying to the publishing of banns of marriage or giving
notice of marriage in HM ships at sea are set out in Section II and Section III.

3. Marriage in Service Chapels. Marriages may be solemnized in Service chapels in

England and Wales which have been licensed or registered for the purpose. Personnel
who wish to be married in a Service chapel should consult the Chaplain2.

J.6103. Marriages Outside the United Kingdom under Foreign Marriage Acts

1. The Foreign Marriage Acts 1892 -1947 and the Foreign Marriage (Armed Forces)
Order 1964 provide for marriages to be solemnized and registered in any foreign territory
by a Chaplain serving with any part of the Armed Forces of the Crown in that territory, or
by an authorized person. Relevant extracts from the Acts and the Foreign Marriage
(Armed Forces) Order 1964 are reproduced at J.Annex 61C, Parts 1 and 2.

2. J.Annex 61C Part 3 sets out the rules for the solemnization of marriages by
‘authorized persons’. (Navy only.) At present, no naval Chaplain is an authorized person.

3. Persons who wish to marry under the provisions of the Acts should obtain early advice
in order to ensure that they may have sufficient time to comply with the necessary
formalities.

4. Before a marriage can be solemnized under these Acts the Chaplain or authorized
person must be in possession of a certificate signed by or on behalf of the Senior Officer
of the Service in the territory, as prescribed by Article 3 of the Foreign Marriage (Armed
Forces) Order 1964 - see J.Annex 61C, Part 2.

1.Explanatory leaflets are published as follows:

Marriage in England and Wales - by the General Register Office,
St. Catherines House, 10 Kingsway, London WC2B 6JP.
Marriage in Scotland - the Registrar - General, General Register Office,
New Register House, Princes Street, Edinburgh EHl 3YT.
Marriage in Northern Ireland - by the General Register Office, Oxford House,
Chichester Street, Belfast BT1 4HL.
2. A list of naval chapels is in Section V.

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5. A person wishing to be married must give notice to his Commanding Officer with the
following particulars regarding himself and (so far as they are within his knowledge) the
other party to the marriage:

a. Full name.

b. Age.

c. Nationality.

d. Condition (bachelor, spinster, widower, widow, divorced).

e. If a member of the Forces, full Service particulars (or, if a female as in Article 2 of

the Order, the exact employment held).

f. Home address, or if none, residence and names of next-of-kin.

g. Full name, address, rank and profession of father.

6. After checking the particulars as far as possible from the records available to him, the
Commanding Officer is to ensure that the notice is endorsed with the name of the Chaplain
or authorized person who is to officiate at the ceremony and forward it to the Senior Officer
for approval. When the Senior Officer has reached a decision on the application he will
notify both the applicant and the Chaplain of his decision.

7. If either of the parties is a minor the written consent of the parents or guardians of the
minor is to be forwarded with the notice or, if consent is unobtainable, the reason is to be
stated.

J.6104. Civil Registration of Births and Deaths in the United Kingdom

1. When a member of HM Forces dies in the United Kingdom his Commanding Officer is
to ascertain whether the relatives have registered the death. If they have not he is to notify
the Registrar or is to ensure that notification is given by a convenient Service unit or
establishment.

2. Personnel are themselves responsible for notifying to the local civilian Registrar births
and deaths which occur in their families.

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J.6105. Service Registration of Births, Deaths and Marriages outside the United
Kingdom

1. The Registration of Births, Deaths and Marriages (Special Provisions) Act 1957, and
the Service Departments Registers Orders 1959, 1963 and 1988 made thereunder
(relevant extracts from the Act and the Orders are reproduced in Annex 61B, Part 1),
provide for the registration of births, deaths and marriages occurring outside the United
Kingdom among members of the Armed Forces and civilians serving or working with them,
and the families of such persons, and of deaths and births occurring on board Her
Majesty’s ships or aircraft. Registration under the Act is carried out in the various overseas
commands by Service Registering Officers appointed for the purpose by the Defence
Council (see J.Annex 61B, Part 2, for Naval and Joint Services Registering Officers).
Copies of entries in Registers are transmitted to the General Register Office, Smedley
Hydro, Trafalgar Road, Birkdale, Southport PR8 2HH and the Registrars-General in
England, Scotland and Northern Ireland keep them as ‘Service Departments Registers’.
Certified copies of such entries can thereafter be obtained from the Register Office
concerned.

2. Registration under the provisions of the Act is not to be applied in respect of births,
deaths and marriages occurring to locally-engaged personnel or their families, or to
locally-engaged servants, or to any persons who have no domicile in or connection with
the United Kingdom such as would justify entries in the records of the General Register
Office.

3. Method of registration. Service personnel and civilians are responsible for ensuring
the registration of their own marriages and of the births, deaths or marriages which occur
in their families (but see Para 5.). Notifications can be made either by personal attendance
of the Registering Officer or by a report on the appropriate form (ORS. 1, ORS. 2 or ORS.
3) by a qualified informant (as specified on the reverse of the forms); after the form has
been attested by an officer or other qualified person, it is to be sent by the informant to the
Registering Officer.

4. Registration in Special Cases. Attention is drawn to the conditions applying to late

registrations (i.e., more than 12 months after the date of a birth, death or marriage) and to
the registration or re-registration of births of legitimated children - see J.Annex 61B, Part
1. Where it may be necessary to presume death (or in other circumstances where there is
no ‘qualified informant’) no registration is to be effected, but full details are to be reported
to the Ministry of Defence (NP Sec (P&P)2) who will ask the Registrar-General to authorize
registration of the death. If he approves, he will give the necessary authority to the
Overseas Registration Section at the General Register Office, Southport. The late
registration is then made in registers held by that office. (Navy only.) See Chapter 57 and
JSP 318, Military Flying Regulations concerning the presumption of deaths resulting from
naval aircraft accidents.

5. Registration of Marriages Under the Foreign Marriage Acts. The officiating

Chaplain is responsible for initiating the registration of a marriage solemnized under the
provisions of the Foreign Marriage Acts. He is to forward Form ORS. 2, duly completed, to
the Registering Officer. He is also to complete and hand to the parties to the marriage Form
ORS. 15, which provides evidence of the fact of the marriage until such times as the
Registering Officer has issued a marriage certificate.

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6. Responsibilities of Commanding Officers. On the death of a member of HM Forces

or of a civilian serving or working with the Forces as set out in the Schedule to J.Annex
61B, Part 1 (excluding those specified in Para 2. above), the Commanding Officer is to
ensure that the necessary action is taken to effect registration. (Navy only.) Registration of
any death in a ship registered under the Merchant Shipping Acts, for example a Royal
Fleet Auxiliary, is the responsibility of the Master.

7. The Captain of one of HM ships or the person in command of a Service aircraft is to

arrange for the registration of the death of any person whatsoever taking place on his ship
or aircraft (see also Para J.6106.). (Navy only.) Notification forms for persons not in the
Naval Service are normally to be sent to the parent unit or base for registration by the
appropriate Service Registering Officer.

8. In the case of a birth or a marriage the Registering Officer is to send a certificate to the
person concerned as soon as possible. In the case of a death, the certificate is to be sent
by the Registering Officer to the next-of-kin if residing in the territory. He is also to notify
Ministry of Defence (2SL-DPSN) of the action he has taken. (Navy only.) If the next-of-kin
is not residing in the territory, the Registering Officer is to send the certificate to the Visiting
Officer who will hand the certificate to the next of kin at an appropriate time.

J.6106. Registration of Deaths Occurring on an RAF Passenger-Carrying Aircraft

outside the United Kingdom and Outside its Territorial Waters

1. Following the practice in civil accidents occurring outside the United Kingdom, where
all deaths on an aircraft are registered on one Register by the Board of Trade, all deaths
(Service and civilian) on an RAF passenger-carrying aircraft outside the United Kingdom
and outside its territorial waters will be registered by RAF PMA (Casework) Casualty under
the Service Departments Registers Orders.

2. Deaths in the above cases should not be registered elsewhere (unless there is such
a requirement under local law).

3. Deaths occurring overseas after the crash, e.g. in hospital, are to be registered either
by a Service Registering Officer, if within a command theatre, or through Consular
channels. Cases of doubt are to be referred to the appropriate Consular Authorities or to
the Ministry of Defence, e.g. citizens of the Irish Republic or of Commonwealth countries.

J.6107. Local Registration of Births and Deaths outside the United Kingdom

1. In addition to registration under the law of the United Kingdom (see Para J.6105. and
Para J.6107.sub para 2) local registration as required by the law of the country or colony
must be complied with by Service personnel in respect of births and deaths occurring in
their families. Commanding Officers are to ensure that the attention of all concerned is
drawn to this requirement.

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2. Registration of Births. The British Nationality Act 1981, which came into force on 1st
January 1983, provides that:

a. Anyone born in the United Kingdom is a British citizen by birth (see Note), if at
least one of his or her parents was then a British citizen, or ‘settled in the UK’ (i.e.
neither a tourist nor an illegal immigrant).

b. Anyone born abroad is a British citizen by descent, if at least one of his or her
parents was then a British citizen by birth.

c. Anyone born abroad, at least one of whose parents was then a UK Crown Servant
recruited in the UK, is a British citizen by birth (see Note).

d. A child born abroad to parents, who at that time, were both British citizens by
descent, or where one parent was a British citizen by descent and the other was
an alien, is not a British citizen unless an application to register the child is made
within 12 months of the birth and the parents (or British parent) have previously
lived in the United Kingdom for not less than 3 years.

3. Servicemen’s Children Born Abroad. It follows therefore that Para J.6107.2

sub para c above gives an advantage to the children of servicemen born abroad over those
whose parents were not in Crown Service at the time, and that it is in everyone’s interest
to establish the fact of Crown Service when registering the birth of a serviceman’s child.
The Commanding Officer is to advise the father to take the following action on obtaining
birth certificates:

a. Obtain a Services certificate of birth through a Service registering officer (see

Para J.6105.sub para 1). These officers are located in overseas commands and
Defence Liaison Staffs attached to certain British Embassies or High
Commissions. Such a certificate does not constitute evidence that the child is a
British citizen.

b. Register the birth through a British Consulate (in a foreign country) or a British
High Commission (in a Commonwealth country). This will constitute evidence that
the child is a British citizen. The parents will have to produce certain documentary
evidence of their citizenship and pay a registration fee. High Commission
registration is possible in most, but not all, Commonwealth countries. If the father
fails to obtain this registration shortly after the birth of the child he will be faced
with proving its citizenship at a later date, probably in the United Kingdom, when
similar documentary evidence and payment will be required, and the Services
certificate will become very important.

c. Local registration, if this is mandatory under the laws of the country concerned
(see Para J.6107.sub para 1).

Note. In the Act the correct expression is ‘British citizen otherwise than by descent’
and it includes those who have acquired citizenship through birth, adoption,
naturalization or registration in the United Kingdom.

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J.6108. Burial in the United Kingdom Following Death Aboard a Ship or Aircraft

1. When, following a death aboard a ship or aircraft outside territorial waters or in an

aircraft while airborne over the United Kingdom (in which cases the death is registrable
under the Service Departments Registers Orders), the body is landed for burial;

a. In England or Wales - it is necessary to apply to the Registrar for the sub-district

in which burial is to take place for a Certificate of No Liability to Register: this
certificate must be produced for the purpose of burial; but if (Para 5303.) an
inquest into the death is to be held, the authority for burial will be the Disposal
Certificate issued by the Coroner;

b. In Scotland or Northern Ireland - no such certificate is required, but the keeper of

the burial ground must be satisfied that death occurred outside the United
Kingdom; the authorities in footnote to Para J.6102. should be consulted if
cremation is proposed or any difficulty arises.

6109. Record of Deaths and Births in Ship’s Log

1. (Navy only.) In addition to the reports on deaths required by Chapter 51 and

Chapter 53, the Captain is to record particulars in the Ship’s Log of any death or birth
whatsoever occurring on board his ship or of the death of any officer or rating belonging to
his ship while on detached service.

6110 - 6120. Unallocated.

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SECTION II - BANNS OF MARRIAGE IN HM SHIPS AT SEA

6121. Naval Marriages Act, 1908, and Marriage Act, 1949, Section 14 (1)

1. Under these Acts the duty of publishing the banns of marriage of officers and men
borne on the books of Her Majesty’s ships at sea devolves upon naval Chaplains and
Captains, who are to be guided by the following instructions.

2. These provisions are not applicable to persons other than officers and men of the
naval service borne on the books of Her Majesty’s ships at sea. They do not apply to
officers and men of the Army and Royal Air Force, although they may be borne on ships’
books, nor to canteen staff except when entered on naval engagements in time of war.

3. Officers and ratings serving in shore establishments or in ships permanently stationed

in harbour must make their own arrangements for the publishing of banns in the
appropriate parish church. If, however, they wish to be married in a Service chapel
licensed for marriages they may as an alternative apply for their banns to be published in
such chapel in accordance with the instructions in Section V.

6122. Application of Banns of Marriage

1. The publishing of banns of marriage under the Naval Marriages Act, 1908, and the
Marriage Act, 1949, is applicable only to marriages to be solemnized in England, Wales or
Northern Ireland, and is subject to the following conditions. Where banns are inapplicable,
the procedure is by ‘Notice of Marriage’, see Section III. These Acts do not extend to
Scotland, and neither banns nor notice of marriage on board ship is appropriate in respect
of a marriage in Scotland. See Section III, Para 6136..

2. A marriage after publication of banns under Section 14 (1) of the Marriage Act, 1949,
when it is to be solemnized in England or Wales, may only take place according to the rites
of the Church of England or of the Church in Wales, and in one of the churches or chapels
where the banns shall have been published and within three months of the completion of
the publication of those banns.

3. A marriage after the publication of banns under the Naval Marriages Act, 1908, when
it is to be solemnized in Northern Ireland, may only take place according to the rites of the
Church of Ireland in the church of the parish where the woman resides and between
parties both of whom are Protestant Episcopalians; or in a certified Presbyterian place of
public worship frequented by the congregation of which the woman is a member and
between parties both of whom are Presbyterians.

6123. Request for Publication of Banns

1. An officer or man who desires to have his banns published is to be required to fill up
and sign Form S.571, Request for Publication of Banns.

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2. It is to be pointed out to the person requesting publication that it will be necessary in

England or Wales for the banns to be published also in the church of the parish where the
woman resides, or, provided she is qualified, in a naval, military, or air force chapel duly
licensed under the Marriage Act, 1949, and situated in that parish. If the marriage is to take
place in a church which is the usual place of worship of either of the parties, and which is
not situated within the parish in which the woman resides, banns must be published in that
church as well as in the church of the parish in which she resides; but for this purpose no
church or chapel should be regarded as the usual place of worship of any person unless
he or she is enrolled on the church electoral roll of the area in which it is situated.

3. In Northern Ireland it is necessary that banns should also be published in the church
of the parish where the woman resides and where the marriage is to be solemnized, or in
the certified Presbyterian place of public worship frequented by the congregation of which
the woman is a member and where the marriage is to be solemnized, and the applicant is
to be asked whether the woman understands and agrees that the marriage is to be after
the publication of banns and is to be solemnized in the church of the parish where she
resides, or in such Presbyterian place of worship as aforesaid, as the case may be.

6124. Publication of Banns

1. The Chaplain (or, if there is no Chaplain, the Captain) is to enter particulars of the
banns in Form S.572, Banns of Marriage Book.

2. The banns are to be published from the Banns of Marriage Book on three successive
Sundays at morning service on board the ship.

3. After the third publication of the banns the Chaplain (or Captain) is to record in the
Banns of Marriage Book the dates when the banns were published and sign the entry.

6125. Forbidding of Banns

1. Banns may be lawfully forbidden upon the following grounds:

a. That either of the parties to the intended marriage has a husband or wife living at
the time.

b. That the parties to the intended marriage are related within the prohibited degrees
of consanguinity or affinity.

c. That either party is under 16 years of age.

d. That either of the parties is an idiot or a lunatic.

2. If either of the parties is under 18 years of age, the banns may be forbidden by the
person or persons whose consent would be required if the marriage was intended to be
solemnized otherwise than after the publication of banns. In Northern Ireland, written
consent on a prescribed form, or an order of a court dispensing with consent, is necessary
for the marriage of any minor.

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6126. Certificate of the Publication of Banns

1. Unless the banns have been forbidden, the Certificate of Publication in the Banns of
Marriage Book is to be completed and handed to the party at whose request the banns
were published.

2. If the banns have been forbidden on any of the grounds on which banns may be
forbidden, no certificate is to be given.

6127. Disposal of Records

1. The Forms S.571, Request for Publications of Banns of Marriage, and Form S.572,
Banns of Marriage Book, are to be forwarded by the Captain to the Ministry of Defence
when the ship pays off.

6128 - 6130. Unallocated

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SECTION III - NOTICE OF MARRIAGE IN HM SHIPS AT SEA

6131. Naval Marriages Act, 1908, and Marriage Act, 1949, Section 39 and Marriage
Act, 1983

1. Under these Acts, Captains have to perform certain of the duties of Registrars of
Marriages with regard to the receiving of notices of marriages which are intended to be
contracted without the publication of banns, and the duty of giving certificates to enable
such marriages to take place.

2. These provisions are not applicable to persons other than officers, seamen, and
marines borne on the books of Her Majesty’s ships at sea, see Section II.

6132. Application of Notice of Marriage

1. The procedure of notice of marriage under the Naval Marriages Act, 1908, and the
Marriage Act, 1949, is applicable only to marriages to be solemnized in England, Wales,
or Northern Ireland, and under the following conditions:

a. When the applicant wishes to be married in England or Wales at any registered

place of worship other than a church or chapel of the Church of England or of the
Church in Wales, or before a Superintendent Registrar, or according to the
usages of the Quakers or Jews.

b. When the marriage is intended to be contracted or solemnized in Northern Ireland

by the licence or certificate of a District Registrar of Marriages.

6133. Giving Notice of Marriage

1. An officer or man who desires to give notice of marriage is to be required to fill up and
sign one of the following forms in the presence of the Captain, who must also sign it as a
witness. The Captain should satisfy himself that the party giving the notice has read and
understands the declarations which are annexed to the notice.

a. S.570, Notice of Marriage for Marriages in England or Wales.

b. S.570b, Notice of Marriage for Marriages in Northern Ireland.

6134. Notice of Marriage given to the Captain On Board HM Ships

1. In addition to the provisions of S.14 (see Para 6121. - Para 6122.), a clergyman may,
at his discretion, allow a marriage according to Anglican rites under section 39 of the
Marriage Act 1949. Under S.39, a marriage may be solemnized in England or Wales after
notice given by an officer, seaman or marine to the Captain or other Commanding Officer
on board one of Her Majesty’s ships at sea. The other party must give notice by certificate
without licence to the superintendent registrar for the district of that party’s residence but
must not give such until the Captain or other Commanding Officer on board ship has
issued a certificate. The place of marriage must be stated in both notices and the marriage
must take place where stated.

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It should be noted that authorities for marriage are not interchangeable. A clergyman
should be satisfied that either:

a. Banns have been published in respect of both parties to the marriage (i.e. banns
in a church or chapel in this country and banns by the chaplain, or Commanding
Officer on board ship); or

b. Notice of marriage has been given in respect of both parties to the marriage (i.e.
notice of marriage to a superintendent registrar in this country and notice of
marriage to the Captain or Commanding Officer on board ship).

Under no circumstances must a marriage proceed on the authority of a certificate of

publication of banns in respect of one party and a certificate after notice to a
superintendent registrar or captain in respect of the other party. It should be noted that
where preliminaries to marriage are contemplated on board HM ships in respect of a
marriage in this country to a detained or housebound person at the place of their
residence, notice should be given to the Captain or Commanding Officer since publication
of banns does not constitute authority for such a marriage.

2. Persons giving notice of marriage are to be warned that they are liable to the penalties
of perjury if they wilfully make any false declarations or sign any false notice of marriage.

3. It is to be pointed out to the person giving notice that it will be necessary for the
woman:

a. In the case of a marriage in England or Wales, to give notice to the Superintendent

Registrar of the district where she resides, but that this cannot be done until the
Captain’s certificate (see Para 6139.) has been issued; time must therefore be
allowed after issue of the Captain’s certificate for the woman to give it to the
Superintendent Registrar at least 21 days before the intended date of the
marriage.

b. In the case of a marriage in Northern Ireland, to give notice at the same time to
the District Registrar of the district where she resides.

6135. Publication of Notice

1. Particulars of the notice of marriage are to be entered in the appropriate (England and
Wales, or Northern Ireland) section of Form S.574, Marriage Notice Book, and the entry is
to be signed by the applicant. The Marriage Notice Book is to be open at all reasonable
times, without fee, to all persons applying to the Captain for facilities to inspect it.

2. On the same day as the entry is made in the Marriage Notice Book, a public notice of
the marriage is to be exhibited in some conspicuous place in the ship. If the marriage is
intended to be celebrated in England, Wales, or Northern Ireland, the public notice must
be an exact copy of the original notice on Form S.570 or S.570b, as appropriate.

3. The public notice is to remain exhibited for 21 days.

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6136. Marriages in Scotland

1. All marriages in Scotland must be preceded by marriage preliminaries in Scotland,

and there is no alternative procedure available to officers and men borne on the books of
Her Majesty’s ships at sea.

2. Each party to a marriage in Scotland must complete and submit a marriage notice to
the Registrar of the registration district in which the marriage is to take place, preferably
about four to six weeks before the date of the intended marriage. This procedure applies
to all persons intending to marry in Scotland, whether or not they are residents in Scotland,
and regardless of whether a religious marriage or a civil marriage is intended.

3. Marriage notice forms are obtainable from any local Registrar of Births, Deaths and
Marriages in Scotland. Personal attendance for the purpose of giving notice is not
essential, and provided the form is signed and dated by the person giving notice, the form
may be delivered to the Registrar by a relative or friend, or may be submitted by post.

6137. Northern Ireland Marriages

1. If the marriage is to take place in Northern Ireland, the following action is to be taken
as soon as possible after notice of marriage has been given.

2. If the marriage is to take place in a church, chapel, or place of public worship (and the
parties are not Quakers or Jews) a copy of the notice authenticated by the Captain’s
signature (for which purpose Form S.570b may be used) is to be sent by registered post
to the minister of the church, chapel, or place of public worship stated in the notice as that
in which the marriage is intended to be solemnized, and a similar notice to the minister of
the church or place of public worship which the woman usually attends.

3. If the marriage is to be in a meeting-house of the Society of Friends or according to

Jewishrites, a copy of the notice is to be sent by registered post to the Registering Officer
of the Society of Friends or secretary of the synagogue by whom the marriage is to be
registered.

4. If the marriage is intended to be contracted in the office of the Registrar, and there is
not any minister of the church, chapel, or place of public worship which the woman usually
attends, and the parties are not Jews or Quakers, the Captain must, at the expense of the
party who gave the notice, cause a copy of the notice to be published once at least in two
consecutive weeks, as soon as practicable after he has received the notice, in some
newspaper circulating in the district in which the marriage is intended, or, if there is not any
newspaper circulating in such district, in some newspaper circulating in the county in which
the district is situated.

6138. Objections to Marriage

1. At any time before the issue of a certificate the issue of the certificate may be
‘forbidden’ or ‘objected to’.

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2. Any person whose consent to the marriage of a minor is required by law may forbid
the issue of a certificate for the marriage of the minor by writing the word ‘Forbidden’
opposite the entry of notice of marriage in the Marriage Notice Book, signing his or her
name and signifying his or her place of abode and the character in respect of either of the
parties by reason of which his or her consent is so required. Should any lawful impediment
be alleged to exist to a marriage of which the Captain has received notice, he must decline
to issue his certificate until he has satisfied himself that no sufficient evidence of such
alleged impediment has been adduced.

3. If the objections do not set forth a legal impediment to marriage, but relate merely to
some formality or statutory requirement, the Captain may direct the notice to be amended
and a certificate granted thereon without re-publication of the notice if he shall see fit, or
to be cancelled if he shall see fit, in which case a fresh notice of marriage may be given.

4. If the objection is that the persons intending to contract marriage are within the
forbidden degrees of consanguinity or affinity, or are both or either of them already
married, or are both or either of them not of marriageable age, or are from any other legal
incapacity disqualified to give such consent as is necessary for marriage, and generally
where the objection sets forth any legal impediment to a marriage, the Captain must
suspend the issuing of his certificate until there is produced to him a certified copy of a
judgment of a competent court of law to the effect that the parties are not, in respect of the
said objection, disqualified from contracting marriage.

5. Where a marriage is intended to take place in Northern Ireland and either party is
under the age of 21 years, a certificate may not be issued until written consent on the
prescribed form, or an order of a court dispensing with consent, has been produced to the
Captain.

6139. Certificate of Marriage

1. If the issue of the certificate has not been forbidden or objected to, the Captain must,
after the expiration of the period of 21 days sign a certificate on one of the following forms,
as appropriate, and hand it to the person who gave the notice of marriage:

a. S.573, Certificate for a Marriage in England or Wales.

b. S.573b, Certificate for a Marriage in Northern Ireland.

6140. Disposal of Records

1. The original Forms S.570, and S.570b, Notice of Marriage, and Form S.574, Marriage
Notice Book, are to be forwarded by the Captain to the Ministry of Defence (CS (Records))
when the ship pays off.

6141 - 6150. Unallocated

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SECTION IV - MARRIAGES IN NAVAL CHAPELS

6151. Marriages in Naval Chapels

1. Part V of the Marriage Act, 1949, provides for naval, military and air force chapels in
England and Wales, but not in Scotland or Northern Ireland, being, under certain
conditions:

a. Licensed by the Bishop of the diocese for the publication of banns of marriage and
solemnization of marriages according to the rites of the Church of England.

b. Registered by the Registrar-General for the solemnization of marriages otherwise

than according to the rites of the Church of England.

2. The Act does not confer upon any person a right to be married in a Service chapel.

3. The Act applies only to marriages between parties of whom one at least is a qualified
person, that is to say:

a. Is serving in the Royal Navy, the Royal Marines, the Regular Land Forces, or the
Regular Air Forces; or

b. Has served in any force mentioned in a otherwise than with a commission granted
or under an engagement entered into only for the purpose of a war or other
national emergency; or

c. Is, as a member of a reserve of officers, a reserve force, the Territorial Army, or

the Auxiliary Air Force, called out on actual or permanent service, or embodied; or

d. Is a woman actually employed in one of the following capacities in the service of

any force mentioned above:

• employed in the Naval Service with relative rank of a medical officer;

• member of the Women’s Royal Naval Service;
• member of Queen Alexandra’s Royal Naval Nursing Service, or its reserve;
• employed in the Royal Army Medical Corps with relative rank as an officer;
• member of Queen Alexandra’s Imperial Military Nursing Service, or its
reserve;
• member of the Territorial Army Nursing Service, or its reserve;
• member of the Women’s Royal Army Corps;
• employed with the Medical Branch of the Royal Air Force with relative rank as
an officer;
• member of Princess Mary’s Royal Air Force Nursing Service, or its reserve;
• member of the Women’s Royal Air Force, or;

e. Is a son, daughter, stepson, stepdaughter (including a sibling adopted under the

Adoption of Children Act, 1926) of a person qualified under a, b, c or d, or

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f. Is a member of a visiting force or the daughter of such a member (this includes

any member of the forces of Commonwealth and NATO countries present in the
United Kingdom on duty).

4. Where the marriage is to be solemnized according to the rites of the Church of

England, one of the parties must in addition have the ordinary qualification of residence in
the parish unless the marriage is by special licence.

5. Proof that a party to the marriage is a qualified person must be produced to the
Chaplain, if required.

6152 - 6160. Unallocated

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SECTION V - NAVAL AND ROYAL MARINES CHAPELS LICENSED OR REGISTERED

FOR MARRIAGES

6161. Naval Chapels (Church of England)

1. A list of Royal Naval and Royal Marines chapels which have been licensed by the
Bishop of the diocese for the publication of banns and solemnization of marriages
according to the rites of the Church of England, and of the parishes in which they are
situated, is given in Annex 61A.

2. Where a chapel is so licensed, there is to be exhibited a copy of Form B.637, Notice

that Chapel is Licensed for Publication of Banns and Solemnization of Marriages.

3. One or more clergymen of the Church of England may be appointed as authorized

persons for the purposes of registering marriages solemnized in the chapel according to
the rites of the Church of England, and no marriage is to be solemnized in the chapel
according to those rites except in the presence of a person so appointed, nor until such
appointment has been duly certified to the Registrar-General. Any Chaplain or other
clergyman so appointed who does not receive a formal certificate of his appointment is to
report the fact immediately upon taking up his duties.

4. The following forms are to be used in licensed chapels in connection with the
publication of banns of marriage:

B.633, Request for Publication of Banns.

B.634, Register of Banns of Marriage.
B.635, Banns of Marriage Certificate.

Forms S.571 and S.572 are not to be used.

5. Marriage registers, certificates of marriage, and instructions in regard to registration

of marriages will be issued by the Registrar-General. The marriage registers are to be kept
in a fireproof safe.

6. Fees are payable for the publication of banns and for the solemnization of marriages.
In some dioceses these fees are for the benefit of the incumbent of the parish in which the
chapel is situated; in other dioceses they are to be delivered for disposal to a person
nominated by the Bishop of the diocese to receive them. The Chaplain is to collect the fees
and dispose of them every quarter day in accordance with the terms of the licence and with
the particular instruction issued to him. The fees are to be accompanied by a statement on
Form B.636, Quarterly Statement of Fees Received.

6162. Naval chapels (Church of Scotland and Free Churches)

1. The solemnization of a marriage according to the rites of the Church of Scotland and
the Free Churches may be performed in a Royal Naval or Royal Marines chapel, but if the
chapel is located in England or Wales it must have been registered for the purpose by the
Registrar-General.

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6163. Naval chapels (Roman Catholic)

1. The solemnization of a marriage according to the rites of the Roman Catholic Church
may be performed in a Royal Naval or Royal Marines chapel of that denomination if the
chapel has been registered for the purpose by the Registrar-General.

6164. Naval chapels licensed under the Marriage Act, 1949

1. The Naval chapels licensed under this Act are listed in Annex 61A.

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