Marriage (Scotland) Act 1977

The Marriage (Scotland) Act 1956 (c. 70) S

5 S In section 1 (notice of marriage intended to be solemnised in Scotland)—

(a) for subsections (1) and (2) there shall be substituted the following subsections—

“(1) Where one party to a marriage intended to be solemnised in Scotland is residing in England and the other is residing in Scotland, the party residing in England may give notice of the intended marriage to the superintendent registrar of the registration district in which he has resided for the period of seven days immediately before the giving of the notice.

(2) Where both parties to a marriage intended to be solemnised in Scotland are residing in England, whether in the same registration district or in different registration districts, and one of the parties has a parent who has his usual residence in Scotland—

(a) the other party may give notice of the intended marriage to the superintendent registrar of the registration district in which he has resided for the period of seven days immediately before the giving of the notice ;

(b) if the parties live in different registration districts, it shall not be necessary for notice of the intended marriage to be given to the superintendent registrar of the other registration district.

(2A) Section 28(1) of the Marriage Act 1949 (which relates to the declaration to accompany a notice of marriage) shall apply for the purposes of subsections (1) and (2) above as if paragraph (b) of the said section 28(1) required the declaration to state—

(i) that the person giving the notice has for the period of seven days immediately before the giving of the notice had his usual place of residence within the registration district in which the notice is given ; and

(ii) that the marriage is intended to be solemnised in Scotland; and

(iii) that the other party to the intended marriage is resident in Scotland, or has a parent who has his usual residence in Scotland, as the case may be.” ;

(b) in subsection (3), for the words “last preceding subsection” there shall be substituted the words “foregoing provisions of this section”.

Modifications etc. (not altering text)

C1 The text of S. 28(1)(2), Sch. 2 paras. 2, 3, 4(a)(b), 5(a)b), 6, 7, 8, 9, Sch. 3 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.