(1)Where His Majesty is satisfied that the law in force in any part of His Majesty’s dominions outside the United Kingdom makes due provision for the publication of banns or for the giving of notice in respect of marriages between British subjects intended to be solemnized or contracted [F1in Scotland or Northern Ireland], and for the recognition of F2... certificates for marriage issued by registrars, and certificates of proclamation of banns, in Scotland, and of certificates for marriage issued by registrars in Ireland as sufficient notice in respect of marriages between British subjects intended to be solemnized or contracted in that part of His Majesty’s dominions, His Majesty may by Order in Council declare that this section shall apply to that part of His dominions, and in such case—
(a)where a marriage is intended to be solemnized or contracted in [F3Scotland or Northern Ireland] between a British subject resident in [F4Scotland] or Ireland and a British subject resident in that part of His Majesty’s dominions, a certificate of the publication of banns or a certificate of notice of marriage issued in accordance with such law shall F5... in Scotland and Ireland have the same effect as a certificate for marriage issued by a registrar in Scotland and Ireland respectively; and
(b)where a marriage is intended to be solemnized or contracted in that part of His Majesty’s dominions between a British subject resident in that part and a British subject resident in [F6Scotland] or Ireland, a certificate for marriage may be issued F7... in Scotland or Ireland by a registrar, in the like manner as if the marriage was to be solemnized or contracted under circumstances requiring the issue of such a certificate, and as if both such British subjects were resident in [F6Scotland] or Ireland, as the case may be.
(2)For the purposes of this section the expression “certificate for marriage” in reference to certificates issued in Scotland shall mean a certificate of due publication of notice of intention to marry.
(3)Nothing in this Act shall affect the existing law or practice relating to the proclamation of banns in Scotland or the issue of certificates of such proclamation.
Textual Amendments
F1Words in s. 1(1) substituted (4.5.2021) by The Registration of Marriages Regulations 2021 (S.I. 2021/411), regs. 1(2), 8(2)(a) (with Sch. 2)
F2Words in s. 1(1) omitted (4.5.2021) by virtue of The Registration of Marriages Regulations 2021 (S.I. 2021/411), regs. 1(2), 8(2)(b) (with Sch. 2)
F3Words in s. 1(1)(a) substituted (4.5.2021) by The Registration of Marriages Regulations 2021 (S.I. 2021/411), regs. 1(2), 8(3)(a) (with Sch. 2)
F4Word in s. 1(1)(a) substituted (4.5.2021) by The Registration of Marriages Regulations 2021 (S.I. 2021/411), regs. 1(2), 8(3)(b) (with Sch. 2)
F5Words in s. 1(1)(a) omitted (4.5.2021) by virtue of The Registration of Marriages Regulations 2021 (S.I. 2021/411), regs. 1(2), 8(3)(c) (with Sch. 2)
F6Word in s. 1(1)(b) substituted (4.5.2021) by The Registration of Marriages Regulations 2021 (S.I. 2021/411), regs. 1(2), 8(4)(a) (with Sch. 2)
F7Words in s. 1(1)(b) omitted (4.5.2021) by virtue of The Registration of Marriages Regulations 2021 (S.I. 2021/411), regs. 1(2), 8(4)(b) (with Sch. 2)
Modifications etc. (not altering text)
C1S. 1 amended by Marriage of British Subjects (Facilities) Amendment Act 1916 (c. 21)
C2S. 1(1)(a) amended by Marriage Act 1939 (c. 33), s. 2