PART 4Marriage and civil partnership
CHAPTER 1Referral and investigation of proposed marriages and civil partnerships
Scotland and Northern Ireland
I1I253Extension of scheme to Scotland and Northern Ireland
1
The Secretary of State may, by order, make such provision as the Secretary of State considers appropriate for extending the referral and investigation scheme to any of the following—
a
proposed marriages under the law of Scotland;
b
proposed civil partnerships under the law of Scotland;
c
proposed marriages under the law of Northern Ireland;
d
proposed civil partnerships under the law of Northern Ireland.
2
An order under this section may—
a
make provision having a similar effect to the provision made by section 58, Schedule 4, or Parts 1, 2 and 4 of Schedule 6;
b
confer functions on any person;
c
amend, repeal or revoke any enactment (including an enactment contained in this Act).
3
The power under subsection (2)(b) to confer functions includes power to impose a duty of referral on persons exercising functions in Scotland or Northern Ireland in relation to marriage or civil partnership.
4
But an order under this section may not impose that or any other duty, or otherwise confer functions, on—
a
the Scottish Ministers,
b
the First Minister and deputy First Minister in Northern Ireland,
c
a Northern Ireland Minister, or
d
a Northern Ireland department.
5
In this section—
“duty of referral” means a duty to refer a proposed marriage or proposed civil partnership to the Secretary of State in a case where—
- a
one of the parties is not an exempt person, or
- b
both of the parties are not exempt persons;
- a
“enactment” includes—
- a
an enactment contained in subordinate legislation within the meaning of the Interpretation Act 1978;
- b
an enactment contained in, or in an instrument made under, an Act of the Scottish Parliament;
- c
an enactment contained in, or in an instrument made under, Northern Ireland legislation;
- a
“referral and investigation scheme” means the provision made by sections 48 to 51.