Marriage (Scotland) Act 1977

SCHEDULES

(introduced by section 2)

[F1 SCHEDULE 1 S DEGREES OF RELATIONSHIP

Textual Amendments

F1 Sch. 1 substituted (16.12.2014) by Marriage and Civil Partnership (Scotland) Act 2014 (asp 5), ss. 1(3), 36; S.S.I. 2014/287, art. 3, sch.

Modifications etc. (not altering text)

C1 Sch. 1 modified (21.12.2018) by The Human Fertilisation and Embryology (Parental Orders) Regulations 2018 (S.I. 2018/1412), reg. 1(2), Sch. 4 para. 6

1.

Relationships by consanguinity

• Parent

• Child

• Grandparent

• Grandchild

• Sibling

• Aunt or uncle

• Niece or nephew

• Great-grandparent

• Great-grandchild

2.

Relationships by affinity referred to in section 2(1A)

• Child of former spouse

• Child of former civil partner

• Former spouse of parent

• Former civil partner of parent

• Former spouse of grandparent

• Former civil partner of grandparent

• Grandchild of former spouse

• Grandchild of former civil partner

3.

Relationships by adoption

• Adoptive parent or former adoptive parent

• Adopted child or former adopted child.]

section 3F(7)

[F2 SCHEDULE 1A S Modifications if proposed marriage referred under section 3F

Textual Amendments

F2 Sch. 1A inserted (1.3.2015) by The Referral and Investigation of Proposed Marriages and Civil Partnerships (Scotland) Order 2015 (S.I. 2015/396), art. 1(2), Sch. 1 para. 3 (with art. 1(3)(4))

Introduction S

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.

No Marriage Schedule to be completed until decision about investigation etc. S

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.

Marriage to be investigated: extension of 28 day period to 70 days S

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.

Effect of reducing statutory period S

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.]

Section 28(1).

SCHEDULE 2 S Consequential Amendments of Other Enactments

The Foreign Marriage Act 1892 (c. 23) S

1 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

Textual Amendments

F3 Sch. 2 para. 1 repealed by Foreign Marriage (Amendment) Act 1988 (c. 44, SIF 49:1), s. 7(2), Sched.

The Marriage with Foreigners Act 1906 (c. 40) S

2 S In section 1(1) (British subject giving notice of intended foreign marriage), for the words “the United Kingdom”, there shall be substituted the words “any part of the United Kingdom other than Scotland”.

Modifications etc. (not altering text)

C2 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.

3 S In section 2(1) (provision for regulations in relation to foreigners intending to marry in Britain), for the words “the United Kingdom”, in both places where they occur, there shall be substituted the words “any part of the United Kingdom other than Scotland”.

Modifications etc. (not altering text)

C3 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.

The Marriage Act 1949 (c. 76) S

4 S In section 37(1) (one party resident in Scotland)—

(a) for paragraph (a) there shall be substituted the following paragraph—

“(a) the party residing in Scotland may give notice of the intended marriage in accordance with section 7 of the Marriage (Scotland) Act 1977 ;” ;

(b) for paragraph (c) there shall be substituted the following paragraph—

“a certificate issued under section 7(2) of the Marriage (Scotland) Act 1977 to a party shall, for the purpose of that party’s intended marriage, have the like force and effect in all respects as a certificate for marriage issued by a superintendent registrar under this Part of this Act ;”.

Modifications etc. (not altering text)

C4 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.

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)

C5 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.

The Registration of Births, Deaths and Marriages (Scotland) Act 1965 (c. 49) S

6 S In section 11 (general provision as to fees)—

(a) after the word “Act” where it first occurs there shall be inserted the words “or the Marriage (Scotland) Act 1977” ;

(b) for the words “this Act” where they occur for the second time there shall be substituted the words “or under this Act or the Marriage (Scotland) Act 1977”.

Modifications etc. (not altering text)

C6 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.

7 S In section 12 (fees to be accounted for), at the end there shall be added the words “and the Marriage (Scotland) Act 1977.”.

Modifications etc. (not altering text)

C7 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.

8 S In section 32(1) (provision of registers etc. by Registrar General), at the end there shall be added the words “and the Marriage (Scotland) Act 1977.”.

Modifications etc. (not altering text)

C8 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.

9 S In section 52 (sending of documents by post), after the word “Act” there shall be inserted the words “or the Marriage (Scotland) Act 1977.”.

Modifications etc. (not altering text)

C9 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.

Section 28(2).

SCHEDULE 3 S Repeals

Modifications etc. (not altering text)

C10 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.