The Referral and Investigation of Proposed Marriages and Civil Partnerships (Scotland) Order 2015

3.  After Schedule 1 (degrees of relationship) insert—

section 3F(7)

“SCHEDULE 1A Modifications if proposed marriage referred under section 3F

Introduction

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.

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(1);

“section 48 notice” means notice under section 48(8C) of the 2014 Act(2);

“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

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)(3) 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)(4) 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

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.”

(1)

The definition of “relevant statutory period” contained in section 62 is amended by Schedule 4 to this Order and Schedule 4 to the Referral and Investigation of Proposed Marriages and Civil Partnerships (Northern Ireland) Order 2015 (S.I. 2015/395).

(2)

Section 48C is inserted by paragraph 2 of Schedule 4 to this Order.

(3)

Section 6(4)(a) was amended by section 18 of the Marriage and Civil Partnership (Scotland) Act 2014 (asp 5) (“2014 Act”) which increased the period within which a Marriage Schedule may not be issued (religious marriages) from 14 to 28 days of receipt of the marriage notice. There are other amendments to section 6 but they are not relevant to this Order.

(4)

Section 19 was similarly amended by section 18 of the 2014 Act. The period within which a marriage (civil marriages) may not be solemnised was increased from 14 to 28 days of receipt of the marriage notice. There are other amendments to section 19 but they are not relevant to this Order.