Marriage (Scotland) Act 1977

Changes to legislation:

Marriage (Scotland) Act 1977, Section 26 is up to date with all changes known to be in force on or before 06 July 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

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Whole provisions yet to be inserted into this Act (including any effects on those provisions):

s. 9(2)(e) inserted by 2014 asp 5 s. 13(2)(d)

26 Interpretation.S

(1)Except where the context otherwise requires and subject to [F1 subsections (2) and (2A) ] below, expressions used in this Act and in the M1Registration of Births, Deaths, and Marriages (Scotland) Act 1965 have the same meanings in this Act as in that Act.

(2)In this Act, except where the context otherwise requires—

[F2“2014 Act” means the Immigration Act 2014;]
[F3“annulment”includes any decree or declarator of nullity of marriage, however expressed.]
“approved celebrant” has the meaning assigned to it by section 8(2)(a) of this Act;
“authorised registrar” has the meaning assigned to it by section 8(2)(b) of this Act;
[F4“marriage” means marriage between persons of different sexes and marriage between persons of the same sex;]
F5...
“name” includes surname;
“prescribed” means prescribed by regulations made by the Registrar General;
[F6“religious or belief body” means an organised group of people—
(a)
which meets regularly for religious worship; or
(b)
the principal object (or one of the principal objects) of which is to uphold or promote philosophical beliefs and which meets regularly for that purpose;]
[F7“religious or belief marriage” has the meaning given by section 8(2)(a);]
[F8“relevant national” means—
(a)
a British citizen,
(aa)
[F9an Irish citizen, or
(ab)
a person who is not an Irish citizen and who—
(i)
has leave to enter or remain in the United Kingdom which was granted by virtue of residence scheme immigration rules within the meaning given by section 17 of the European Union (Withdrawal Agreement) Act 2020, or
(ii)
is an applicant for the purposes of regulation 4 of the Citizens’ Rights (Application Deadline and Temporary Protection)(EU Exit) Regulations 2020 (applications which have not been finally determined by the deadline) where the relevant period within the meaning of that regulation has not expired;]
(b)
F10...
(c)
F10...]
[F11“Scottish waters” means the area comprising such of the internal waters and territorial sea of the United Kingdom as are within Scotland (“Scotland” having the meaning given by section 126(1) and (2) of the Scotland Act 1998 (c. 46)), other than any area which is part of a registration district;
“vessel” includes any—
(a)
vehicle; or
(b)
other structure.]

[F12(2A)For the purposes of this Act—

(a)the seaward boundary of a registration district which extends into the sea shall, subject to paragraph (b) below, be the low water mark of the ordinary spring tide;

(b)a vessel which is below the low water mark of the ordinary spring tide is to be regarded as [F13a place within a registration district if the vessel] is—

(i)positioned adjacent to land which is within the district;

(ii)affixed to the land for the purpose of maintaining its position; and

(iii)so positioned for the purpose of enabling access to and from the land;

(c)a jetty or similar structure which is partly above the low water mark of the ordinary spring tide and partly below that mark is to be regarded as being wholly above that mark.]

(3)Except where the context otherwise requires, any reference in this Act to any other enactment shall be construed as a reference to that enactment as amended by or under any other enactment, including this Act.

Subordinate Legislation Made

P1S. 26: s. 25 (with ss. 3(1), 19(2) and 26) power exercised (12.12.1991) by S.I.1991/2816.

P2S. 26: for previous exercises of this power see Index to Government Orders.

Textual Amendments

F1Words in s. 26(1) substituted (1.10.2006) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 48(9)(a), 63(2); S.S.I. 2006/469, art. 2, sch. 1 (with art. 4)

F2Words in s. 26(2) 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. 8(a) (with art. 1(3))

F3Definition inserted by Family Law Act 1986 (c. 55, SIF 49:3), ss. 68(1), 69(6), Sch. 1 para. 22

F4Words in s. 26(2) inserted (16.12.2014) by Marriage and Civil Partnership (Scotland) Act 2014 (asp 5), ss. 4(14), 36; S.S.I. 2014/287, art. 3, sch.

F5Words in s. 26(2) repealed (1.1.2007) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 48(9)(b)(i), 63(2); S.S.I. 2006/469, art. 3, sch. 2 (with art. 4)

F6Words in s. 26(2) substituted (16.12.2014) by Marriage and Civil Partnership (Scotland) Act 2014 (asp 5), ss. 12(4)(a), 36; S.S.I. 2014/287, art. 3, sch. (with art. 4)

F7Words in s. 26(2) inserted (16.12.2014) by Marriage and Civil Partnership (Scotland) Act 2014 (asp 5), ss. 12(4)(b), 36; S.S.I. 2014/287, art. 3, sch. (with art. 4)

F8Words in s. 26(2) 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. 8(b) (with art. 1(3))