LegalizeReform history
Marriage (Scotland) Act 1977
17 versions
· 1977-05-26
2023-04-24
Marriage (Scotland) Act 1977
2021-07-01
Marriage (Scotland) Act 1977
2020-12-31
Marriage (Scotland) Act 1977
2019-02-16
Marriage (Scotland) Act 1977
2018-12-21
Marriage (Scotland) Act 1977
2015-10-31
Marriage (Scotland) Act 1977
2015-03-02
Marriage (Scotland) Act 1977
2015-03-01
Marriage (Scotland) Act 1977
Changes on 2015-03-01
@@ -178,6 +178,8 @@
- (ii) in the case where the marriage is to be solemnised by an authorised registrar, the district registrar for the registration district of the proposed authorised registrar.
- (6) This section is subject to section 3E.
#### Objections to marriage
##### 5
@@ -264,14 +266,18 @@
- (4) The district registrar shall not issue a Marriage Schedule under subsection (3) above—
- (a) within 14 days of the date of receipt (as entered by him in the marriage notice book) of a marriage notice in respect of the marriage to which the Marriage Schedule relates, except where—
- (i) He has received a written request from one or both of the parties for the issue of the Marriage Schedule on a specified date within the said 14 days stating the reason for the request; and
- (a) within 28 days of the date of receipt (as entered by him in the marriage notice book) of a marriage notice in respect of the marriage to which the Marriage Schedule relates, except where—
- (i) He has received a written request from one or both of the parties for the issue of the Marriage Schedule on a specified date within the said 28 days stating the reason for the request; and
- (ii) he has been authorised to issue the Marriage Schedule on that specified date by the Registrar General;
- (b) on a date earlier than 7 days before the date of the intended marriage unless he has been authorised to issue the Marriage Schedule on that earlier date by the Registrar General.
- (4ZA) Unless subsection (4ZB) applies, if a proposed marriage is referred to the Secretary of State under section 3F (“the referred marriage”) the Registrar General may not authorise the district registrar to issue the Marriage Schedule on the date mentioned in subsection (4)(a)(ii) without the consent of the Secretary of State.
- (4ZB) This subsection applies if the request made under subsection (4)(a)(i) is made because a party to the referred marriage is gravely ill and not expected to recover.
- (4A) For the purpose of subsection (4)(a)(i) above, a request which is made by electronic means is to be treated as being written if it is received in a form which is legible and capable of being used for subsequent reference.
- (5) Subject to subsections (6) and (7) below and section 23A of this Act, a religious or belief marriage may be solemnised only on the date and at the place specified in the Marriage Schedule.
@@ -288,6 +294,8 @@
- (b) each party to the marriage to submit to the said district registrar a new marriage notice or approved certificate.
- (8) This section has effect subject to section 6A.
#### Marriage outside Scotland where a party resides in Scotland
##### 7
@@ -298,7 +306,7 @@
- (b) any country, territory or place outside Great Britain, and, for the purpose of complying with the law in force in that country, territory or place, is required to obtain from a competent authority in Scotland,
a certificate in respect of his legal capacity to marry, he may submit, in the form and with the fee and documents specified in section 3(1) (a), (aa), (*b*) , (ba), (bb) and (*d*)of this Act, notice of intention to marry to the district registrar for the district in which he resides (the said registrar being in this section referred to as the “*appropriate registrar*”) as if it were intended that the marriage should be solemnised in that district, and sections 3(2) , (3) and (4A) to (4C) and 4 of this Act shall apply accordingly.
a certificate in respect of his legal capacity to marry, he may submit, in the form and with the fee and documents specified in section 3(1) (a), (aa), (b) , (ba), (bb) and (d)of this Act, notice of intention to marry to the district registrar for the district in which he resides (the said registrar being in this section referred to as the “*appropriate registrar*”) as if it were intended that the marriage should be solemnised in that district, and sections 3(2) , (3) and (4A) to (4C) and 4 of this Act shall apply accordingly.
- (2) The appropriate registrar shall, if satisfied (after consultation, if the appropriate registrar considers it necessary, with the Registrar General) that a person who has by virtue of subsection (1) above submitted a marriage notice to him is not subject to any legal incapacity (in terms of Scots law) which would prevent his marrying, issue to that person a certificate in the prescribed form that he is not known to be subject to any such incapacity:
@@ -678,11 +686,15 @@
##### 19
- (1) An authorised registrar shall not solemnise a marriage within 14 days of the date of receipt (as entered in the marriage notice book) of a marriage notice in respect of that marriage, unless—
- (1) An authorised registrar shall not solemnise a marriage within 28 days of the date of receipt (as entered in the marriage notice book) of a marriage notice in respect of that marriage, unless—
- (a) he has received a written request from one or both of the parties to solemnise the marriage on a specified earlier date stating the reason for the request, and
- (b) he has been authorised to solemnise the marriage on that earlier date by the Registrar General.
- (1ZA) Unless subsection (1ZB) applies, if a proposed marriage is referred to the Secretary of State under section 3F (“the referred marriage”) the Registrar General may not authorise an authorised registrar to solemnise the referred marriage on the date mentioned in subsection (1)(b) without the consent of the Secretary of State.
- (1ZB) This subsection applies if the request made under subsection (1)(a) is made because a party to the referred marriage is gravely ill and not expected to recover.
- (1A) For the purpose of subsection (1) above, a request which is made by electronic means is to be treated as written if it is received in a form which is legible and capable of being used for subsequent reference.
@@ -858,6 +870,8 @@
- (2) In this Act, except where the context otherwise requires—
- “2014 Act” means the Immigration Act 2014;
- “*annulment*”includes any decree or declarator of nullity of marriage, however expressed.
- “*approved celebrant*” has the meaning assigned to it by section 8(2)(a) of this Act;
@@ -875,6 +889,8 @@
- “*religious or belief body*” means an organised group of people— which meets regularly for religious worship; orthe principal object (or one of the principal objects) of which is to uphold or promote philosophical beliefs and which meets regularly for that purpose;
- “*religious or belief marriage*” has the meaning given by section 8(2)(a);
- “relevant national” means—a British citizen,a national of an EEA State other than the United Kingdom, ora national of Switzerland;
- “*Scottish waters*” means the area comprising such of the internal waters and territorial sea of the United Kingdom as are within Scotland (“Scotland” having the meaning given by section 126(1) and (2) of the Scotland Act 1998 (c. 46)), other than any area which is part of a registration district;
@@ -1017,7 +1033,7 @@
## Minimum age for marriage
#### Marriage of related persons.
#### Minimum age for marriage.
## Forbidden degrees
@@ -1135,7 +1151,7 @@
[^c9285201]: [1956 c. 70](https://www.legislation.gov.uk/ukpga/1956/70).
[^c9285411]: [Sch. 2 para. 1](https://www.legislation.gov.uk/ukpga/1977/15/schedule/2/paragraph/1) repealed by [Foreign Marriage (Amendment) Act 1988 (c. 44, SIF 49:1)](https://www.legislation.gov.uk/ukpga/1988/44), [s. 7(2)](https://www.legislation.gov.uk/ukpga/1988/44/section/7/2), [Sch](https://www.legislation.gov.uk/ukpga/1988/44/schedule)ed.
[^c9285411]: Sch. 2 para. 1 repealed by [Foreign Marriage (Amendment) Act 1988 (c. 44, SIF 49:1)](https://www.legislation.gov.uk/ukpga/1988/44), [s. 7(2)](https://www.legislation.gov.uk/ukpga/1988/44/section/7/2), [Sch](https://www.legislation.gov.uk/ukpga/1988/44/schedule)ed.
[^c9285421]: The text of S. 28(1)(2), Sch. 2 paras. 2, 3, 4(*a*)(*b*), 5(*a*)*b*), 6, 7, 8, 9, Sch. 3 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
@@ -1345,7 +1361,7 @@
[^key-75a6242d9421887ac61c4a656ea96052]: S. 5(4)(f)(i)(ii) substituted for words (16.12.2014) by [Marriage and Civil Partnership (Scotland) Act 2014 (asp 5)](https://www.legislation.gov.uk/asp/2014/5), [ss. 2(b)](https://www.legislation.gov.uk/asp/2014/5/section/2/b), [36](https://www.legislation.gov.uk/asp/2014/5/section/36); [S.S.I. 2014/287](https://www.legislation.gov.uk/ssi/2014/287), [art. 3](https://www.legislation.gov.uk/ssi/2014/287/article/3), [sch.](https://www.legislation.gov.uk/ssi/2014/287/schedule)
[^key-321a3b8ca2065ba2403c040cf37e9a52]: Words in [s. 6(5)](https://www.legislation.gov.uk/ukpga/1977/15/section/6/5) substituted (16.12.2014) by [Marriage and Civil Partnership (Scotland) Act 2014 (asp 5)](https://www.legislation.gov.uk/asp/2014/5), [ss. 15(2)](https://www.legislation.gov.uk/asp/2014/5/section/15/2), [36](https://www.legislation.gov.uk/asp/2014/5/section/36); [S.S.I. 2014/287](https://www.legislation.gov.uk/ssi/2014/287), [art. 3](https://www.legislation.gov.uk/ssi/2014/287/article/3), [sch.](https://www.legislation.gov.uk/ssi/2014/287/schedule)
[^key-321a3b8ca2065ba2403c040cf37e9a52]: Words in s. 6(5) substituted (16.12.2014) by [Marriage and Civil Partnership (Scotland) Act 2014 (asp 5)](https://www.legislation.gov.uk/asp/2014/5), [ss. 15(2)](https://www.legislation.gov.uk/asp/2014/5/section/15/2), [36](https://www.legislation.gov.uk/asp/2014/5/section/36); [S.S.I. 2014/287](https://www.legislation.gov.uk/ssi/2014/287), [art. 3](https://www.legislation.gov.uk/ssi/2014/287/article/3), [sch.](https://www.legislation.gov.uk/ssi/2014/287/schedule)
[^key-e243d563be5a189d3c352bc76eaa6772]: Words in s. 7(1) inserted (16.12.2014) by [Marriage and Civil Partnership (Scotland) Act 2014 (asp 5)](https://www.legislation.gov.uk/asp/2014/5), [ss. 3(3)](https://www.legislation.gov.uk/asp/2014/5/section/3/3), [36](https://www.legislation.gov.uk/asp/2014/5/section/36); [S.S.I. 2014/287](https://www.legislation.gov.uk/ssi/2014/287), [art. 3](https://www.legislation.gov.uk/ssi/2014/287/article/3), [sch.](https://www.legislation.gov.uk/ssi/2014/287/schedule)
@@ -1427,7 +1443,31 @@
[^key-8e0f35aab8ee041c97296d2702d8cc70]: Words in s. 26(2) inserted (16.12.2014) by [Marriage and Civil Partnership (Scotland) Act 2014 (asp 5)](https://www.legislation.gov.uk/asp/2014/5), [ss. 12(4)(b)](https://www.legislation.gov.uk/asp/2014/5/section/12/4/b), [36](https://www.legislation.gov.uk/asp/2014/5/section/36); [S.S.I. 2014/287](https://www.legislation.gov.uk/ssi/2014/287), [art. 3](https://www.legislation.gov.uk/ssi/2014/287/article/3), [sch.](https://www.legislation.gov.uk/ssi/2014/287/schedule) (with [art. 4](https://www.legislation.gov.uk/ssi/2014/287/article/4))
#### Marriage outside Scotland where a party resides in Scotland.
[^key-774a76ee569e2f82ad4051471a85370b]: Sch. 1A inserted (1.3.2015) by [The Referral and Investigation of Proposed Marriages and Civil Partnerships (Scotland) Order 2015 (S.I. 2015/396)](https://www.legislation.gov.uk/uksi/2015/396), [art. 1(2)](https://www.legislation.gov.uk/uksi/2015/396/article/1/2), [Sch. 1 para. 3](https://www.legislation.gov.uk/uksi/2015/396/schedule/1/paragraph/3) (with [art. 1(3)](https://www.legislation.gov.uk/uksi/2015/396/article/1/3)[(4)](https://www.legislation.gov.uk/uksi/2015/396/article/1/4))
[^key-f2857d5b172b75b76948d164ab1ee2a5]: [Ss. 3A-3F](https://www.legislation.gov.uk/ukpga/1977/15/section/3A) inserted (1.3.2015) by [The Referral and Investigation of Proposed Marriages and Civil Partnerships (Scotland) Order 2015 (S.I. 2015/396)](https://www.legislation.gov.uk/uksi/2015/396), [art. 1(2)](https://www.legislation.gov.uk/uksi/2015/396/article/1/2), [Sch. 1 para. 2](https://www.legislation.gov.uk/uksi/2015/396/schedule/1/paragraph/2) (with [art. 1(3)](https://www.legislation.gov.uk/uksi/2015/396/article/1/3))
[^key-394360bc26d6fb280868666ebbb8310e]: [S. 6A](https://www.legislation.gov.uk/ukpga/1977/15/section/6A) inserted (1.3.2015) by [The Referral and Investigation of Proposed Marriages and Civil Partnerships (Scotland) Order 2015 (S.I. 2015/396)](https://www.legislation.gov.uk/uksi/2015/396), [art. 1(2)](https://www.legislation.gov.uk/uksi/2015/396/article/1/2), [Sch. 1 para. 6](https://www.legislation.gov.uk/uksi/2015/396/schedule/1/paragraph/6) (with [art. 1(3)](https://www.legislation.gov.uk/uksi/2015/396/article/1/3))
[^key-c82e238323ca49c2551f4ce413b249f8]: [S. 4(6)](https://www.legislation.gov.uk/ukpga/1977/15/section/4/6) inserted (1.3.2015) by [The Referral and Investigation of Proposed Marriages and Civil Partnerships (Scotland) Order 2015 (S.I. 2015/396)](https://www.legislation.gov.uk/uksi/2015/396), [art. 1(2)](https://www.legislation.gov.uk/uksi/2015/396/article/1/2), [Sch. 1 para. 4](https://www.legislation.gov.uk/uksi/2015/396/schedule/1/paragraph/4) (with [art. 1(3)](https://www.legislation.gov.uk/uksi/2015/396/article/1/3))
[^key-bae2e6ec25d12f13cf5171e6bf86715d]: Words in [s. 6(4)(a)](https://www.legislation.gov.uk/ukpga/1977/15/section/6/4/a) substituted (1.3.2015) by [Marriage and Civil Partnership (Scotland) Act 2014 (asp 5)](https://www.legislation.gov.uk/asp/2014/5), [ss. 18(2)(b)](https://www.legislation.gov.uk/asp/2014/5/section/18/2/b), [36](https://www.legislation.gov.uk/asp/2014/5/section/36); [S.S.I. 2015/14](https://www.legislation.gov.uk/ssi/2015/14), [art. 2](https://www.legislation.gov.uk/ssi/2015/14/article/2), [sch.](https://www.legislation.gov.uk/ssi/2015/14/schedule) (with [art. 3(1)](https://www.legislation.gov.uk/ssi/2015/14/article/3/1))
[^key-f881f6eba698c1a1a524167ad6b3ceaa]: [S. 6(4ZA)](https://www.legislation.gov.uk/ukpga/1977/15/section/6/4ZA)[(4ZB)](https://www.legislation.gov.uk/ukpga/1977/15/section/6/4ZB) inserted (1.3.2015) by [The Referral and Investigation of Proposed Marriages and Civil Partnerships (Scotland) Order 2015 (S.I. 2015/396)](https://www.legislation.gov.uk/uksi/2015/396), [art. 1(2)](https://www.legislation.gov.uk/uksi/2015/396/article/1/2), [Sch. 1 para. 5(a)](https://www.legislation.gov.uk/uksi/2015/396/schedule/1/paragraph/5/a) (with [art. 1(3)](https://www.legislation.gov.uk/uksi/2015/396/article/1/3))
[^key-5a3009c3b7919ad6e555c3b181dc623a]: [S. 6(8)](https://www.legislation.gov.uk/ukpga/1977/15/section/6/8) inserted (1.3.2015) by [The Referral and Investigation of Proposed Marriages and Civil Partnerships (Scotland) Order 2015 (S.I. 2015/396)](https://www.legislation.gov.uk/uksi/2015/396), [art. 1(2)](https://www.legislation.gov.uk/uksi/2015/396/article/1/2), [Sch. 1 para. 5(b)](https://www.legislation.gov.uk/uksi/2015/396/schedule/1/paragraph/5/b) (with [art. 1(3)](https://www.legislation.gov.uk/uksi/2015/396/article/1/3))
[^key-d82108859994c730b54885dcba0dc51b]: Words in s. 7(2) substituted (1.3.2015) by [Marriage and Civil Partnership (Scotland) Act 2014 (asp 5)](https://www.legislation.gov.uk/asp/2014/5), [ss. 18(3)](https://www.legislation.gov.uk/asp/2014/5/section/18/3), [36](https://www.legislation.gov.uk/asp/2014/5/section/36); [S.S.I. 2015/14](https://www.legislation.gov.uk/ssi/2015/14), [art. 2](https://www.legislation.gov.uk/ssi/2015/14/article/2), [sch.](https://www.legislation.gov.uk/ssi/2015/14/schedule) (with [art. 3(3)](https://www.legislation.gov.uk/ssi/2015/14/article/3/3))
[^key-f4209092f7d594cc8857c89d2aea9417]: Words in [s. 19(1)](https://www.legislation.gov.uk/ukpga/1977/15/section/19/1) substituted (1.3.2015) by [Marriage and Civil Partnership (Scotland) Act 2014 (asp 5)](https://www.legislation.gov.uk/asp/2014/5), [ss. 18(4)](https://www.legislation.gov.uk/asp/2014/5/section/18/4), [36](https://www.legislation.gov.uk/asp/2014/5/section/36); [S.S.I. 2015/14](https://www.legislation.gov.uk/ssi/2015/14), [art. 2](https://www.legislation.gov.uk/ssi/2015/14/article/2), [sch.](https://www.legislation.gov.uk/ssi/2015/14/schedule) (with [art. 3(1)](https://www.legislation.gov.uk/ssi/2015/14/article/3/1))
[^key-6847fa9d822bac2a5aeadc60487fb5e1]: [S. 19(1ZA)](https://www.legislation.gov.uk/ukpga/1977/15/section/19/1ZA)[(1ZB)](https://www.legislation.gov.uk/ukpga/1977/15/section/19/1ZB) inserted (1.3.2015) by [The Referral and Investigation of Proposed Marriages and Civil Partnerships (Scotland) Order 2015 (S.I. 2015/396)](https://www.legislation.gov.uk/uksi/2015/396), [art. 1(2)](https://www.legislation.gov.uk/uksi/2015/396/article/1/2), [Sch. 1 para. 7](https://www.legislation.gov.uk/uksi/2015/396/schedule/1/paragraph/7) (with [art. 1(3)](https://www.legislation.gov.uk/uksi/2015/396/article/1/3))
[^key-4b9a8fbdebe9b0e5a8c6cfd48730809a]: Words in s. 26(2) inserted (1.3.2015) by [The Referral and Investigation of Proposed Marriages and Civil Partnerships (Scotland) Order 2015 (S.I. 2015/396)](https://www.legislation.gov.uk/uksi/2015/396), [art. 1(2)](https://www.legislation.gov.uk/uksi/2015/396/article/1/2), [Sch. 1 para. 8(a)](https://www.legislation.gov.uk/uksi/2015/396/schedule/1/paragraph/8/a) (with [art. 1(3)](https://www.legislation.gov.uk/uksi/2015/396/article/1/3))
[^key-f170db37458df3994f9cdc1d787fc9ee]: Words in s. 26(2) inserted (1.3.2015) by [The Referral and Investigation of Proposed Marriages and Civil Partnerships (Scotland) Order 2015 (S.I. 2015/396)](https://www.legislation.gov.uk/uksi/2015/396), [art. 1(2)](https://www.legislation.gov.uk/uksi/2015/396/article/1/2), [Sch. 1 para. 8(b)](https://www.legislation.gov.uk/uksi/2015/396/schedule/1/paragraph/8/b) (with [art. 1(3)](https://www.legislation.gov.uk/uksi/2015/396/article/1/3))
#### Marriage notice: false information or evidence
#### Approved places
@@ -1455,11 +1495,11 @@
## Irregular marriages
#### Persons who may solemnise marriage.
#### Registration of nominated persons as celebrants.
Daughter’s daughter’s son.
#### Consequential amendments and repeals.
#### Transitional and saving provisions.
#### Marriage ceremony and registration of marriage.
@@ -1476,3 +1516,293 @@
### Void marriages
Daughter’s daughter’s son.
##### 3A
- (1) This section applies to a marriage notice submitted to a district registrar in accordance with section 3 if one, or each, of the parties to the proposed marriage is not a relevant national.
- (2) But this section does not apply if the parties are in a qualifying civil partnership (within the meaning of section 5(6)) with each other.
- (3) For each party to the proposed marriage who is not a relevant national, the notice shall be accompanied by whichever of statements A, B or C is applicable to that person.
- (4) Statement A is a statement that the person has the appropriate immigration status.
- (5) Statement B is a statement that the person holds a relevant visa in respect of the proposed marriage.
- (6) Statement C is a statement that the person neither—
- (a) has the appropriate immigration status, nor
- (b) holds a relevant visa in respect of the proposed marriage.
- (7) If the notice is accompanied by the statement referred to in the first column of an entry in this table, the notice shall also be accompanied by the information and photographs referred to in the second column of that entry (insofar as that entry is applicable to the parties to the proposed marriage)—
| If the notice is accompanied by this statement..... | ...the notice shall also be accompanied by... |
| --- | --- |
| Statement A (in respect of one or both of the parties to the proposed marriage) | For each party in respect of whom statement A is made, details of the particular immigration status which that party has |
| Statement B (in respect of one or both of the parties to the proposed marriage) | 1. For each party, a specified photograph of that party2. For each party in respect of whom statement B is made, details of the relevant visa which that party has |
| Statement C (in respect of one or both of the parties to the proposed marriage) | 1. For each party, a specified photograph of that party2. For each party, the usual address of that party3. For each party who has previously used any name or names other than the person’s name stated in the marriage notice, a statement of the other name or names4. For each party who currently uses, or has previously used, an alias or aliases, a statement of the alias or aliases |
- (8) If the notice is accompanied by more than one of statements A, B and C, subsection (7) shall be complied with in relation to each of those statements; but where the notice is accompanied by statements B and C, subsection (7) does not require the notice to be accompanied by more than one specified photograph of each party.
- (9) If the notice is accompanied by statement C for a party to the proposed marriage—
- (a) the notice may also be accompanied by a statement (“statement D”) of that person’s immigration position in the United Kingdom;
- (b) if the notice is accompanied by statement D for a party to the proposed marriage, the person may provide the district registrar with details of his immigration position in the United Kingdom; and
- (c) if any such details are provided, the district registrar shall record them.
- (10) In this section and section 3B—
- (a) a reference—
- (i) to a person having the appropriate immigration status, or
- (ii) to a person holding a relevant visa,
is to be construed in accordance with section 49 of the 2014 Act;
- (b) a reference to the particular immigration status which a person has is a reference to the immigration status set out in any of paragraphs (a) to (c) of section 49(2) of that Act which the person has;
- (c) a reference to a person’s immigration position in the United Kingdom includes a reference to the person’s not being entitled to be in the United Kingdom.
- (11) In this section “specified photograph” means a photograph that is in accordance with regulations made by the Secretary of State under section 54(2) of, and paragraph 3 of Schedule 5 to, the 2014 Act (and for this purpose “photograph” includes other kinds of images).
##### 3B
- (1) If a marriage notice to which section 3A(1) applies (“the notice”) is accompanied by statement A (referred to in section 3A(4)) and accordingly is also accompanied by details of the particular immigration status which a party to the proposed marriage has, the notice shall also be accompanied by specified evidence of that status.
- (2) If the notice is accompanied by statement B (referred to in section 3A(5)), the notice shall also be accompanied by specified evidence of the holding of the relevant visa by the party to the proposed marriage.
- (3) If, in accordance with section 3A(7), the notice is accompanied by the usual address of a party to the proposed marriage, the notice shall also be accompanied by specified evidence that it is that party’s usual address.
- (4) If the notice is accompanied by statement D (referred to in section 3A(9)), the notice may also be accompanied by evidence of the person’s immigration position in the United Kingdom.
- (5) If subsection (1) or (2) applies to the notice, and the notice is not accompanied by the specified evidence required by that subsection, the notice shall be accompanied by—
- (a) photographs and addresses of the kinds referred to in paragraphs 1 and 2 in the relevant entry in section 3A(7);
- (b) as respects the usual address of each party that is provided in accordance with paragraph (a), specified evidence that the address provided is that party’s usual address; and
- (c) names and aliases of the kinds referred to in paragraphs 3 and 4 in the relevant entry in section 3A(7) (insofar as those paragraphs are applicable to the parties to the proposed marriage).
- (6) In this section—
- “relevant entry in section 3A(7)” means the second column of the last entry in the table in section 3A(7);
- “specified evidence” means evidence that is in accordance with regulations made by the Secretary of State under section 54(2) of, and paragraph 3 of Schedule 5 to, the 2014 Act.
##### 3C
Where the marriage notice is accompanied by—
- (a) information provided in accordance with section 3A, and
- (b) information and evidence provided in accordance with section 3B,
that information and evidence shall also be accompanied by a declaration in writing and signed by the party who makes it that the party believes all of the information and evidence accompanying the notice to be true.
##### 3D
- (1) A district registrar may reject—
- (a) any evidence relating to a party’s nationality provided in accordance with section 3(4A),
- (b) any information or photograph provided under section 3A or 3B, or
- (c) any evidence provided under section 3B,
if (in particular) the district registrar has reasonable grounds for suspecting that the information, photograph or evidence is false.
- (2) If the district registrar rejects any information, photograph or evidence, the district registrar may proceed under this Act as if the rejected information, photograph or evidence had not been provided.
- (3) This section does not limit the powers of district registrars to reject anything provided under any other enactment.
- (4) In this section “enactment” includes an enactment comprised in, or an instrument made under, an Act of the Scottish Parliament.
##### 3E
- (1) Where any of the requirements mentioned in subsection (2) is applicable but not complied with by either or both parties to the proposed marriage, the parties are to be taken not to have submitted a marriage notice under section 3.
- (2) The requirements are—
- (a) a requirement imposed by or under any of the following provisions of this Act—
- (i) section 3(4A);
- (ii) section 3A(3) to (8);
- (iii) section 3B(3);
- (iv) section 3B(5);
- (b) the requirement imposed by section 21(2) of the Asylum and Immigration (Treatment of Claimants, etc) Act 2004.
##### 3F
- (1) On every occasion when a marriage notice is submitted under section 3, a district registrar shall decide whether or not each of the parties to the proposed marriage is an exempt person.
- (2) But this section does not apply if the parties are in a qualifying civil partnership (within the meaning of section 5(6)) with each other.
- (3) In making a decision under subsection (1) about a party to a proposed marriage, a district registrar may rely on any advice given in relation to that decision by the Secretary of State.
- (4) In a case where—
- (a) section 3A applies to the marriage notice, and
- (b) specified evidence required by section 3B(1) or (2) in relation to a party to the proposed marriage is not produced in accordance with that section,
the district registrar shall decide that that party to the proposed marriage is not an exempt person.
- (5) If the district registrar decides that either of the parties is not an exempt person, or that both of the parties are not exempt persons, the district registrar shall—
- (a) refer the proposed marriage to the Secretary of State;
- (b) notify the parties to the proposed marriage that the proposed marriage must be referred to the Secretary of State;
- (c) give the parties to the proposed marriage prescribed information about—
- (i) the effects of the referral;
- (ii) the requirement under regulations to notify the Secretary of State of changes of address.
- (6) The district registrar shall act in accordance with regulations when complying with the duty in subsection (5)(a) to refer a proposed marriage to the Secretary of State.
- (7) If the district registrar refers the proposed marriage to the Secretary of State, this Act has effect in relation to the proposed marriage subject to the modifications in Schedule 1A.
- (8) In this section—
- (a) a reference to a person being an exempt person has the same meaning as in section 49 of the 2014 Act;
- (b) “prescribed information” means information prescribed in regulations;
- (c) “regulations” means regulations made by the Secretary of State under section 54(2) of, and Schedule 5 to, the 2014 Act.
##### 6A
- (1) A district registrar may refuse to complete a Marriage Schedule under section 6 in a case where—
- (a) a marriage notice has been submitted under section 3(1), and
- (b) the district registrar has reasonable grounds for suspecting that a relevant decision was made incorrectly because of the provision of false information or evidence in or accompanying that notice.
- (2) If the district registrar refuses to complete a Marriage Schedule under subsection (1), the parties to the proposed marriage are to be taken not to have submitted a marriage notice under section 3; but that does not prevent criminal proceedings from being brought against either party, or any other person, in relation to the submission of notice.
- (3) This section is without prejudice to any other powers of district registrars to refuse to complete a Marriage Schedule.
- (4) In this section—
- “evidence” includes a photograph or other image;
- “exempt person” has the same meaning as in section 3F;
- “relevant decision” means a decision of a district registrar that a party to the proposed marriage is an exempt person.
## SCHEDULE1A
##### 1
- (1) These are the modifications subject to which this Act has effect if the district registrar refers a proposed marriage to the Secretary of State.
- (2) In this Schedule “referred marriage” means the proposed marriage referred to the Secretary of State.
##### 2
- (1) The duty under section 6(1) to complete a Marriage Schedule in respect of the referred marriage does not apply unless and until one of the following events occurs.
- (2) Event 1 occurs if—
- (a) the Secretary of State gives the district registrar the section 48 notice, and
- (b) that notice is of a decision not to investigate whether the referred marriage is a sham.
- (3) Event 2 occurs if—
- (a) the relevant statutory period ends, and
- (b) the Secretary of State has not given the district registrar the section 48 notice.
- (4) Event 3 occurs if—
- (a) the Secretary of State gives the district registrar the section 48 notice,
- (b) that notice is of a decision to investigate whether the referred marriage is a sham,
- (c) the Secretary of State gives the district registrar the section 50 notice, and
- (d) that notice is of a decision that both of the parties to the referred marriage have complied with the investigation.
- (5) Event 4 occurs if—
- (a) the 70 day period ends, and
- (b) the Secretary of State has not given the district registrar the section 50 notice.
- (6) Event 5 occurs if the Secretary of State gives the district registrar notice that the duty under section 6(1) is applicable.
- (7) The Secretary of State may give a notice for that purpose only if—
- (a) the Secretary of State has given the district registrar the section 48 notice,
- (b) that notice is of a decision to investigate whether the referred marriage is a sham,
- (c) the Secretary of State has given the district registrar the section 50 notice, and
- (d) that notice is of a decision that one or both of the parties to the referred marriage have not complied with the investigation.
- (8) This paragraph applies in addition to any other requirements applicable to the completion of the Marriage Schedule.
- (9) This paragraph is subject to paragraph 4.
- (10) In this paragraph—
- “70 day period” has the same meaning as in section 50(11) of the 2014 Act;
- “relevant statutory period” has the same meaning as in section 62 of the 2014 Act;
- “section 48 notice” means notice under section 48(8C) of the 2014 Act;
- “section 50 notice” means notice under section 50(7) of the 2014 Act.
##### 3
- (1) The modifications in this paragraph have effect if the Secretary of State gives the district registrar notice under section 48(8C) of the 2014 Act of a decision to investigate whether the referred marriage is a sham.
- (2) Section 6(4)(a) has effect as if—
- (a) for the words from “28 days” to “relates” there were substituted “the relevant 70 day period”, and
- (b) in sub-paragraph (i), for “28 days” there were substituted “relevant 70 day period”.
- (3) Section 19(1) has effect as if for the words from “28 days” to “that marriage” there were substituted “the relevant 70 day period”.
- (4) In sections 6(4)(a) and 19 (as modified by this paragraph) “relevant 70 day period” means the period—
- (a) beginning the day after receipt of the marriage notice (as entered by the district registrar in the marriage notice book), and
- (b) ending at the end of the period of 70 days beginning with that day.
- (5) This paragraph is subject to paragraph 4.
##### 4
- (1) Where—
- (a) either—
- (i) a district registrar is authorised to issue a Marriage Schedule under section 6(4)(a) (including as modified under paragraph 3), or
- (ii) an authorised registrar is authorised to solemnise a marriage under section 19(1)(b) (including as modified under paragraph 3), and
- (b) the authorisation mentioned in sub-paragraph (i) or, as the case may be, (ii) of paragraph (a) is given at a time when the duty under section 6(1) to complete a Marriage Schedule in respect of the referred marriage has not arisen in accordance with paragraph 2,
the duty under section 6(1) to complete the Marriage Schedule arises on the giving of the authorisation, subject to any other requirements applicable to the completion of the Schedule being met.
- (2) But the requirements of paragraph 2 are not applicable in such a case.
- (3) The Secretary of State is not prevented from deciding to conduct, conducting, or continuing, an investigation if a Marriage Schedule is completed or, as the case may be, issued or the marriage solemnised, as mentioned in sub-paragraph (1).
- (4) But in such a case, nothing in the 2014 Act requires the Secretary of State to decide whether to conduct, or to continue, an investigation.
- (5) In this paragraph “investigation” means an investigation, conducted following a decision by the Secretary of State under section 48 of the 2014 Act, whether a proposed marriage is a sham.
2014-12-16
Marriage (Scotland) Act 1977
2009-09-01
Marriage (Scotland) Act 1977
2006-10-01
Marriage (Scotland) Act 1977
2006-06-30
Marriage (Scotland) Act 1977
2006-05-04
Marriage (Scotland) Act 1977
2005-12-05
Marriage (Scotland) Act 1977
2005-04-04
Marriage (Scotland) Act 1977
2005-02-01
Marriage (Scotland) Act 1977
1977-05-26
Marriage (Scotland) Act 1977
original version
Text at this date