- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (27/03/2021)
- Gwreiddiol (Fel y'i Deddfwyd)
Version Superseded: 04/05/2021
Point in time view as at 27/03/2021. This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
There are currently no known outstanding effects for the Marriage (Scotland) Act 1956, Section 1.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
[F1(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 as a parent residing there.
(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 M1Marriage 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.]
(3)A notice of marriage and declaration given and made in accordance with the [F2foregoing provisions of this section], if in other respects they comply with the requirements of the M2Marriage Act, 1949, shall be treated as a notice of marriage and declaration given and made in accordance with that Act, and the provisions of that Act relating to the issue of certificates for marriage shall apply accordingly as if the marriage were intended to be solemnised in England.
[F3(3A)In subsection (3)(a) and (b) “approved certificate” means a certificate for marriage, for the purposes of section 3(4) of the Marriage (Scotland) Act 1977, in the prescribed form.
(3B)In subsection (3A) “prescribed” means prescribed by regulations made under section 74 of the Marriage Act 1949; and the reference, in subsection (1)(b) of that section, to that Act is to be treated as including a reference to this Act.]
(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4
(5)In this section any reference to a parent of a party to an intended marriage includes a reference to—
(a) . . . F5
(b)any spouse, widow, or widower of a parent . . . F6 of that party.
Textual Amendments
F1S. 1(1)(2)(2A) substituted with saving for s. 1(1)(2) by Marriage (Scotland) Act 1977 (c. 15, SIF 49:2), s. 27(3), Sch. 2 para. 5(a)
F2Words substituted with saving by Marriage (Scotland) Act 1977 (c. 15, SIF 49:2), s. 27(3), Sch. 2 para. 5(b)
F3S. 1(3A)(3B) inserted (27.3.2021 for specified purposes, 4.5.2021 in so far as not already in force) by The Registration of Marriages Regulations 2021 (S.I. 2021/411), reg. 1(2)(4)(g), Sch. 1 para. 53(3) (with Sch. 2)
F4Ss. 1(4), 2, 3 repealed with saving by Marriage (Scotland) Act 1977 (c. 15, SIF 49:2), s. 27(3), Sch. 3
F5S. 1(5)(a) repealed by Children Act 1975 (c. 72, SIF 49:9, 10), Sch. 4 Pt. I
F6Words repealed by Children Act 1975 (c. 72, SIF 49:9, 10), Sch. 4 Pt. I
Marginal Citations
M21949 c. 76(49:1).
Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Pwynt Penodol mewn Amser: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:
liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys