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The Marriage Between Persons of Different Sexes (Prescribed Bodies) (Scotland) Amendment Regulations 2023

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Scottish Statutory Instruments

2023 No. 266

Marriage

The Marriage Between Persons of Different Sexes (Prescribed Bodies) (Scotland) Amendment Regulations 2023

Made

19th September 2023

Laid before the Scottish Parliament

21st September 2023

Coming into force

1st December 2023

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 8(1)(a)(ii) of the Marriage (Scotland) Act 1977(1) and all other powers enabling them to do so.

In accordance with section 8(1A)(a)(2) of the Marriage (Scotland) Act 1977 the body prescribed in regulation 2 has requested the Scottish Ministers to prescribe it.

Citation and commencement

1.  These Regulations may be cited as the Marriage Between Persons of Different Sexes (Prescribed Bodies) (Scotland) Amendment Regulations 2023 and come into force on 1 December 2023.

Amendment of the Marriage Between Persons of Different Sexes (Prescribed Bodies) (Scotland) Regulations 2014

2.  In the schedule of the Marriage Between Persons of Different Sexes (Prescribed Bodies) (Scotland) Regulations 2014(3), after the entry relating to the Free Church of Scotland, insert—

The Free Church of Scotland (Continuing).

SIOBHIAN BROWN

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

19th September 2023

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations add the Free Church of Scotland (Continuing) to the list of religious or belief bodies whose celebrants or recognised individuals are authorised to solemnise marriages between persons of different sexes in Scotland without being individually authorised for that purpose by the Registrar General of Births, Deaths and Marriages for Scotland.

(1)

1977 c. 15. Section 8(1) was relevantly amended by section 22(1)(b) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (c. 55), and by section 12(2)(a) of the Marriage and Civil Partnership (Scotland) Act 2014 (asp 5) (“the 2014 Act”). The functions conferred on the Secretary of State by section 8(1)(a)(ii) were transferred to the Scottish Ministers by section 53 of the Scotland Act 1998 (c. 46).

(2)

Section 8(1A) was inserted by section 12(2)(b) of the 2014 Act.

(3)

S.S.I. 2014/304, as amended by S.S.I. 2016/427.

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