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Scottish Statutory Instruments

2015 No. 313

Marriage

The Marriage (Prescription of Forms) (Scotland) Amendment Regulations 2015

Made

28th August 2015

Laid before the Scottish Parliament

31st August 2015

Coming into force in accordance with regulation 1

The Registrar General makes the following Regulations in exercise of the powers conferred by section 3(1) of the Marriage (Scotland) Act 1977(1) and all other powers enabling him to do so.

In accordance with section 25(1)(2) of the Marriage (Scotland) Act 1977 the Scottish Ministers have approved the making of these Regulations.

Citation and commencement

1.  These Regulations may be cited as the Marriage (Prescription of Forms) (Scotland) Amendment Regulations 2015 and come into force on the same day as the Qualifying Civil Partnership Modification (Scotland) Order 2015(3).

Amendment of the Marriage (Prescription of Forms) (Scotland) Regulations 1997

2.—(1) The Marriage (Prescription of Forms) (Scotland) Regulations 1997(4) are amended as follows.

(2) For the form set out in Schedule 1 (marriage notice - Scotland) substitute the form set out in the Schedule to these Regulations.

ROD BURNS

Deputy Registrar General for Scotland

New Register House,

Edinburgh

27th August 2015

Approved by the Scottish Ministers

MARCO BIAGI

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

28th August 2015

Regulation 2(2)

SCHEDULE

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Marriage (Prescription of Forms) (Scotland) Regulations 1997 to substitute a new Marriage Notice form (Form M10) into those Regulations.

The new form is amended to reflect that, in future, civil partnerships registered outwith Scotland may be changed into marriages in Scotland by virtue of the Qualifying Civil Partnership Modification (Scotland) Order 2015. The amendments relate to the information that is required to be provided where such a change is to take place.

(1)

1977 c.15; section 3(1) was relevantly amended by the Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), Part 2, section 50(2)(a); the Civil Partnership Act 2004 (c.33), Schedule 28(4), paragraph 43(a); the Marriage (Prohibited Degrees of Relationship) Act 1986 (c.16), section 2, Schedule 2, paragraph 3; and the Marriage and Civil Partnership (Scotland) Act 2014 (asp 5), section 3(2)(a) and 8(2). Section 17(2) adds in section 3(4A) and (4B). Section 26(2) contains a definition of “prescribed” relevant to the exercise of the powers under which these Regulations are made.

(2)

The functions of the Secretary of State under the 1977 Act were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.45).

(3)

S.S.I. 2015/XXX. Back [3]

(4)

S.I. 1997/2349; relevant amending instruments are S.S.I. 2005/596 and S.S.I. 2014/306.