C2Part III Marriage under Superintendent Registrar’s Certificate

Annotations:
Modifications etc. (not altering text)
C2

Pt. III applied (S.) as to issue of certificates for marriage by Marriage (Scotland) Act 1956 (c. 70), s. 1(3)

Issue of certificates

29 Caveat against issue of certificate or licence. C1

1

Any person . . . F1 may enter a caveat with the superintendent registrar against the issue of a certificate F2. . . for the marriage of any person named therein.

2

If any caveat is entered as aforesaid, the caveat having been signed by or on behalf of the person by whom it was entered and stating his place of residence and the ground of objection on which the caveat is founded, no certificate F2. . . shall be issued until the superintendent registrar has examined into the matter of the caveat and is satisfied that it ought not to obstruct the issue of the certificate F2. . ., or until the caveat has been withdrawn by the person who entered it; and if the superintendent registrar is doubtful whether to issue a certificate F2. . . he may refer the matter of the caveat to the Registrar General.

3

Where a superintendent registrar refuses, by reason of any such caveat as aforesaid, to issue a certificate F2. . ., the person applying therefor may appeal to the Registrar General who shall either confirm the refusal or direct that a certificate F2. . . shall be issued.

4

Any person who enters a caveat against the issue of a certificate F2. . . on grounds which the Registrar General declares to be frivolous and to be such that they ought not to obstruct the issue of the certificate F2. . ., shall be liable for the costs of the proceedings before the Registrar General and for damages recoverable by the person against whose marriage the caveat was entered.

5

For the purpose of enabling any person to recover any such costs and damages as aforesaid, a copy of the declaration of the Registrar General purporting to be sealed with the seal of the General Register Office shall be evidence that the Registrar General has declared the caveat to have been entered on grounds which are frivolous and such that they ought not to obstruct the issue of the certificate F2. . ..