SCHEDULE 6Marriage overseas
PART 1Consular marriage under UK law
Provision for consular marriage
1
(1)
Her Majesty may by Order in Council make provision for two people to marry each other—
(a)
in prescribed countries or territories outside the United Kingdom, and
(b)
in the presence of a registration officer,
in cases where the officer is satisfied that the conditions in sub-paragraph (2) are met.
(2)
The conditions are that—
(a)
at least one of the people proposing to marry is a United Kingdom national,
(b)
the people proposing to marry would have been eligible to marry each other in such part of the United Kingdom as is determined in accordance with the Order,
(c)
the authorities of the country or territory in which it is proposed that they marry will not object to the marriage, and
(d)
insufficient facilities exist for them to enter into a marriage under the law of that country or territory.
F1(3)
For the purposes of sub-paragraph (2)(b), two people who are in a qualifying civil partnership with each other are to be treated as not having been eligible to marry each other in Scotland.
(4)
In sub-paragraph (3) “qualifying civil partnership” has the meaning given by section 5(6) of the Marriage (Scotland) Act 1977.