The Marriage (Prescription of Forms) (Scotland) Regulations 1997

Statutory Instruments

1997 No. 2349 (S.158)

MARRIAGE

The Marriage (Prescription of Forms) (Scotland) Regulations 1997

Made

24th September 1997

Coming into force

1st January 1998

The Registrar General, in exercise of the powers conferred upon him by sections 3(1), 4(1), 6(1), 7(2), 16 and 26, of the Marriage (Scotland) Act 1977(1), and of all other powers enabling him in that behalf and with the approval of the Secretary of State under section 25 of that Act, hereby makes the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Marriage (Prescription of Forms) (Scotland) Regulations 1997 and shall come into force on 1st January 1998.

Interpretation

2.—(1) In these Regulations, unless the context otherwise requires–

“the Act” means the Marriage (Scotland) Act 1977;

“district registrar” means the registrar for the registration district in which the marriage is to be or has been solemnised;

“marriage notice” means a notice of intention to marry;

“marriage notice book” means a book in which are entered particulars extracted from marriage notices and from approved certificates for marriage issued in any part of the United Kingdom other than Scotland.

(2) Any reference in these Regulations–

(a) to a numbered section is to a section bearing that number in the Act; and

(b) to a numbered Schedule is to a Schedule bearing that number in these Regulations.

Forms etc. for use in connection with preliminaries to and registration of marriage

3.  The notice prescribed for the purposes of section 3(1) shall be in the form set out in Schedule 1.

4.  The declaration prescribed for the purposes of section 3(1)(d) shall be in the form set out in Schedule 2.

5.  The prescribed particulars to be extracted from a marriage notice or an approved certificate and entered in the marriage notice book for the purposes of section 4(1) shall be–

(a) the surname and name;

(b) the address;

(c) the marital status;

(d) the date of birth; and

(e) the proposed date of the marriage,

of the person who has submitted the notice or approved certificate.

6.  The Marriage Schedule prescribed for the purposes of section 6(1) shall be in the form set out in Schedule 3.

7.  The certificate prescribed for the purposes of section 7(2) shall be in the form set out in Schedule 4.

8.  The notices prescribed for the purposes of section 16(1) and (2) shall be in the forms set out in Schedules 5 and 6 respectively.

Revocation

9.  The following Regulations are hereby revoked so far as still in force:–

(a) the Marriage (Prescription of Forms) (Scotland) Regulations 1977(2);

(b) the Marriage (Prescription of Forms) (Scotland) Amendment Regulations 1986(3);

(c) the Marriage (Prescription of Forms) (Scotland) Amendment (No. 2) Regulations 1986(4);

(d) the Marriage (Prescription of Forms) (Scotland) Amendment Regulations 1995(5).

James Meldrum

Registrar General for Scotland

New Registrar House,

Edinburgh

22nd September 1997

Approved by the Secretary of State

Henry B McLeish

Minister of State, Scottish Office

St Andrew’s House,

Edinburgh

24th September 1997

Regulation 3 Form M10

SCHEDULE 1 MARRIAGE NOTICE – SCOTLAND

Regulation 4 Form DSR

SCHEDULE 2 DECLARATION WHERE A MARRIAGE IS PROPOSED BETWEEN PARTIES RELATED IN A DEGREE SPECIFIED BELOW*

Regulation 6

SCHEDULE 3 MARRIAGE SCHEDULE

Regulation 7 Form M1

SCHEDULE 4 CERTIFICATE OF NO IMPEDIMENT

Regulation 8 Form 19

SCHEDULE 5 FAILURE TO RETURN MARRIAGE SCHEDULE

Regulation 8 Form 20

SCHEDULE 6 MARRIAGE NOTICE – SCOTLAND

Explanatory Note

(This note is not part of the Regulations)

These Regulations consolidate with only minor drafting amendments and revoke the Marriage (Prescription of Forms) (Scotland) Regulations 1977 and subsequent amending instruments.

(1)

1977 c. 15; section 3(1) was amended by paragraph 3, and section 6(1) by paragraph 5, of Schedule 2 to the Marriage (Prohibited Degrees of Relationship) Act 1986 (c. 16); section 26 contains a definition of “prescribed” relevant to the exercise of statutory powers under which these Regulations are made.

(2)

S.I. 1977/1671.

(3)

S.I. 1986/1622; revoked in part by S.I. 1995/3156.

(4)

S.I. 1986/1954.

(5)

S.I. 1995/3156.