The Foreign Marriage (Amendment) Act 1988 (Commencement) Order 1990

Statutory Instruments

1990 No. 522 (C.18)

MARRIAGE

The Foreign Marriage (Amendment) Act 1988 (Commencement) Order 1990

Made

7th March 1990

The Lord Chancellor and the Lord Advocate, in exercise of the powers conferred on them by section 7(3) of the Foreign Marriage (Amendment) Act 1988 (1), hereby make the following Order:—

1.  This Order may be cited as the Foreign Marriage (Amendment) Act 1988 (Commencement) Order 1990.

2.  The Foreign Marriage (Amendment) Act 1988 shall come into force on 12th April 1990.

Mackay of Clashfern C.

Dated 2nd March 1990

Fraser of Carmyllie

Lord Advocate

Dated 7th March 1990

Explanatory Note

(This note is not part of the Order)

This Order brings into force the Foreign Marriage (Amendment) Act 1988 on 12th April 1990.

The Act amends the Foreign Marriage Act 1892 (2), which validates certain marriages abroad where at least one of the parties is a British subject. It limits the application of the 1892 Act to cases where at least one of the parties is a United Kingdom national, taking into account the wier meaning of the term “British subject” in the British Nationality Act 1981 (c. 61). It removes the provision in section 4 of the 1892 Act that the requirements of English law as to consent shall apply in the case of parties domiciled in Scotland and Northern Ireland. It removes the express referece to the rites of the Church of England in section 8(2) and (3) of the 1892 Act. It makes minor amendments relating to registration of marriages to which the 1892 Act applies, and extends the scope of section 22 of the 1892 Act (validity of marriages solemnised abroad by forces' chaplains) to include marriage of the children of the prescribed categories of personnel. It also provides for the repeal of various obsolete provisions of the 1892 Act and of spent validation Acts.

(1)

1988 c. 44

(2)

1892 c. 23