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Marriage Act 1949

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Changes over time for: Section 37

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Version Superseded: 01/03/2015

Status:

Point in time view as at 22/04/2014. This version of this provision has been superseded. Help about Status

Changes to legislation:

Marriage Act 1949, Section 37 is up to date with all changes known to be in force on or before 26 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

37 One party resident in Scotland.E+W

(1)Where a marriage is intended to be solemnized in England on the authority of [F1certificates] of a superintendent registrar F2. . . between parties of whom one is residing in Scotland and the other is residing in England, the following provisions shall have effect—

[F3(a)the party residing in Scotland may give notice of the intended marriage in accordance with section 7 of the Marriage (Scotland) Act 1977;]

(b)the party residing in England may, subject to and in accordance with the provisions of sections twenty-seven [F427A] and twenty-eight of this Act, give notice of the intended marriage as if both parties were residing in different registration districts in England, and the provisions of this Part of this Act relating to notices of marriage and the issue of certificates for marriage shall apply accordingly;

[F5(c)a certificate issued under section 7(2) of the Marriage (Scotland) Act 1977 to a party shall, for the purpose of that party’s intended marriage, have the like force and effect in all respects as a certificate for marriage issued by a superintendent registrar under this Part of this Act;]

(d)for the purposes of section thirty-three of this Act the notice given in Scotland shall be deemed to have been entered in a marriage notice book by a superintendent registrar in England on the day on which it was given.

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6

Textual Amendments

F1Word in s. 37(1) substituted (1.1.2001) by 1999 c. 33, s. 169(1)(3), Sch. 14 paras. 3, 19(a); S.I. 2000/2698, art. 2

F2Words in s. 37(1) repealed (1.1.2001) by 1999 c. 33, s. 169(1)(3), Sch. 14 paras. 3, 19(b), Sch. 16; S.I. 2000/2698, art. 2

F3S. 37(1)(a) substituted by Marriage (Scotland) Act 1977 (c. 15, SIF 49:2), Sch. 2 para. 4(a) (subject to a saving in s. 27(3) in relation to marriages before 1.1.1978)

F5S. 37(1)(c) substituted by Marriage (Scotland) Act 1977 (c. 15, SIF 49:2), s. 28(1), Sch. 2 para. 4(b) (subject to a saving in s. 27(3) in relation to marriages before 1.1.1978)

F6S. 37(2) repealed by Marriage (Scotland) Act 1977 (c. 15, SIF 49:2), s. 28(2), Sch. 3 (subject to a saving in s. 27(3) in relation to marriages before 1.1.1978)

Modifications etc. (not altering text)

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