PART 4Marriage and civil partnership

CHAPTER 1Referral and investigation of proposed marriages and civil partnerships

Scotland and Northern Ireland

I1I253Extension of scheme to Scotland and Northern Ireland

1

The Secretary of State may, by order, make such provision as the Secretary of State considers appropriate for extending the referral and investigation scheme to any of the following—

a

proposed marriages under the law of Scotland;

b

proposed civil partnerships under the law of Scotland;

c

proposed marriages under the law of Northern Ireland;

d

proposed civil partnerships under the law of Northern Ireland.

2

An order under this section may—

a

make provision having a similar effect to the provision made by section 58, Schedule 4, or Parts 1, 2 and 4 of Schedule 6;

b

confer functions on any person;

c

amend, repeal or revoke any enactment (including an enactment contained in this Act).

3

The power under subsection (2)(b) to confer functions includes power to impose a duty of referral on persons exercising functions in Scotland or Northern Ireland in relation to marriage or civil partnership.

4

But an order under this section may not impose that or any other duty, or otherwise confer functions, on—

a

the Scottish Ministers,

b

the First Minister and deputy First Minister in Northern Ireland,

c

a Northern Ireland Minister, or

d

a Northern Ireland department.

5

In this section—

  • “duty of referral” means a duty to refer a proposed marriage or proposed civil partnership to the Secretary of State in a case where—

    1. a

      one of the parties is not an exempt person, or

    2. b

      both of the parties are not exempt persons;

  • “enactment” includes—

    1. a

      an enactment contained in subordinate legislation within the meaning of the Interpretation Act 1978;

    2. b

      an enactment contained in, or in an instrument made under, an Act of the Scottish Parliament;

    3. c

      an enactment contained in, or in an instrument made under, Northern Ireland legislation;

  • “referral and investigation scheme” means the provision made by sections 48 to 51.