C1C2Part III Marriage under F17marriage schedule
Pt. III applied (S.) as to issue of certificates for marriage by Marriage (Scotland) Act 1956 (c. 70), s. 1(3)
Pt. 3 applied (13.3.2014) by Marriage (Same Sex Couples) Act 2013 (c. 30), ss. 1(2)(a), 21(3); S.I. 2014/93, art. 3(a)
Issue of F18a marriage schedule
Words in s. 26 cross-heading substituted (4.5.2021) by The Registration of Marriages Regulations 2021 (S.I. 2021/411), reg. 1(2), Sch. 1 para. 10 (with Sch. 2)
C3F131AC2 Appeal on refusal under section 31(2)(a) F2or 31ZA.
1
2
On such an appeal, the Registrar General must—
a
confirm the refusal; or
b
direct that a F9marriage schedule be issued.
F32A
In a case where—
a
in reliance on section 31ZA, a superintendent registrar refuses to issue a F10marriage schedule, and
b
on an appeal against the refusal, the Registrar General directs that a F10marriage schedule be issued,
section 31ZA(2) is of no effect — and is to be taken to have never had any effect — in relation to the parties' giving of notice under section 27.
3
If—
a
relying on section 31(2)(a), a superintendent registrar refuses to issue a F11marriage schedule as a result of a representation made to him, and
b
on an appeal against the refusal, the Registrar General declares the representation to have been frivolous and to be such that it ought not to obstruct the issue of a F12marriage schedule,
the person making the representation is liable for the costs of the proceedings before the Registrar General and for damages recoverable by the F13parties making the appeal.
F43A
If—
a
relying on section 31ZA, a superintendent registrar refuses to issue a F14marriage schedule, and
b
on an appeal against the refusal, the Registrar General declares the appeal to have been frivolous,
the F15parties making the appeal are liable for the costs of the proceedings before the Registrar General.
4
For the purpose of enabling a person to recover any F6costs and damages in accordance with subsection (3) or (3A), a copy of the declaration of the Registrar General purporting to be sealed with the seal of the General Register Office is evidence that the Registrar General has declared the representation to have been frivolous and to be such that it ought not to obstruct the issue of a F16marriage scheduleF7(in the case of subsection (3)) or evidence that the Registrar General has declared the appeal to have been frivolous (in the case of subsection (3A)).
Words in Pt. 3 heading substituted (4.5.2021) by The Registration of Marriages Regulations 2021 (S.I. 2021/411), reg. 1(2), Sch. 1 para. 9 (with Sch. 2)