Marriage (Scotland) Act 1977

5 Objections to marriage. S

(1) Any person may at any time before the solemnisation of a marriage in Scotland submit an objection in writing thereto to the district registrar:

Provided that where the objection is on the ground mentioned in subsection (4)(d) below, it shall [F1 not be treated as submitted until there has also been produced to the registrar] a supporting certificate [F2 attested in the prescribed manner] by a registered medical practitioner.

[F3 (1A) For the purpose of subsection (1) above, an objection which is submitted to the registrar by electronic means is to be treated as in writing if it is received in a form which is legible and capable of being used for subsequent reference.]

(2) Where the district registrar receives an objection in accordance with subsection (1) above he shall—

(a) in any case where he is satisfied that the objection relates to no more than a misdescription or inaccuracy in the marriage notice or approved certificate, notify the parties to the marriage of the nature of the objection and make such enquiries into the matter mentioned in it as he thinks fit; and thereafter he shall, subject to the approval of the Registrar General, make any necessary correction to any document relating to the marriage;

(b) in any other case—

(i) forthwith notify the Registrar General of the objection;

(ii) pending consideration of the objection by the Registrar General, suspend the completion or issue of the Marriage Schedule in respect of the marriage;

(iii) where, in the case of a marriage to be solemnised by an approved celebrant, the Marriage Schedule has already been issued to the parties, if possible notify that celebrant of the objection and advise him not to solemnise the marriage pending the said consideration.

(3) [F4 Subject to subsection (3A) below,] if the Registrar General is satisfied, on consideration of an objection of which he has received notification under subsection (2)(b)(i) above, that—

(a) there is a legal impediment to the marriage, he shall direct the district registrar to take all reasonable steps to ensure that the marriage does not take place and shall notify, or direct the district registrar to notify, the parties to the intended marriage accordingly;

(b) there is no legal impediment to the marriage, he shall inform the district registrar to that effect.

[F5 (3A) Where—

(a) an objection of which the Registrar General has received notification under subsection (2)(b)(i) above is on the ground that—

(i) the parties are related in a degree specified in paragraph 2 of Schedule 1 to this Act; and

(ii) the conditions specified in paragraphs (a) and (b) of section 2(1A) of this Act are not satisfied; and

(b) an extract decree of declarator that those conditions are satisfied, granted on an application under section 2(5) of this Act, is produced to the Registrar General,

the Registrar General shall inform the district registrar that there is no legal impediment to the marriage on that ground.]

(4) For the purposes of [F6 this section] and section 6 of this Act, there is a legal impediment to a marriage where—

(a) that marriage would be void by virtue of section 2(1) of this Act;

(b) one of the parties is, or both are, already married [F7 or in civil partnership] ;

(c) one or both of the parties will be under the age of 16 on the date of solemnisation of the intended marriage;

(d) one or both of the parties is or are incapable of understanding the nature of a marriage ceremony or of consenting to marriage;

(e) both parties are of the same sex; or

(f) one or both of the parties is, or are, not domiciled in Scotland and, on a ground other than one mentioned in paragraphs (a) to (e) above, a marriage in Scotland between the parties would be voidab initioaccording to the law of the domicile of the party or parties as the case may be.

(5) A person who has submitted an objection in accordance with subsection (1) above may at any time withdraw it:

Provided that the Registrar General shall be entitled to have regard to that objection notwithstanding such withdrawal.

Textual Amendments

F1 Words in s. 5(1) substituted (1.10.2006 for specified purposes, 1.1.2007 in so far as not already in force) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 50(3)(a)(i), 63(2); S.S.I. 2006/469, art. 2, schs. 1, 2 (with art. 4)

F2 Words in s. 5(1) substituted (1.10.2006 for specified purposes, 1.1.2007 in so far as not already in force) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 50(3)(a)(ii), 63(2); S.S.I. 2006/469, art. 2, schs. 1, 2 (with art. 4)

F3 S. 5(1A) inserted (1.10.2006 for specified purposes, 1.1.2007 in so far as not already in force) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 50(3)(b), 63(2); S.S.I. 2006/469, art. 2, schs. 1, 2 (with art. 4)

F4 Words inserted by Marriage (Prohibited Degrees of Relationship) Act 1986 (c. 16, ss. 2, 6(6), Sch. 2 para. 4(a)

F5 S. 5(3A) inserted by Marriage (Prohibited Degrees of Relationship) Act 1986 (c. 16, SIF 49:1), ss. 2, 6(6), Sch. 2 para. 4(b)

F6 Words substituted by Marriage (Prohibited Degrees of Relationship) Act 1986 (c. 16, SIF 49:1), ss. 2, 6(6), Sch. 2 para. 4(c)

F7 Words in s. 5(4)(b) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(10)(c), Sch. 28 para. 44; S.S.I. 2005/604, arts. 2(c), 4