SCHEDULE 2Amendments to the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004
1
Section 21 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 200420 (procedure for marriage: Scotland) is amended as follows.
2
For subsection (1) substitute—
1
This section applies to a marriage which is intended to be solemnised in Scotland unless each party to the marriage falls within exception A or exception B.
1A
A party to the marriage falls within exception A if the person is a relevant national.
1B
A party to the marriage falls within exception B if—
a
the person is exempt from immigration control, and
b
the notice of intention to marry submitted under section 3 of the Marriage (Scotland) Act 197721 is accompanied by the specified evidence required by section 3B(1) of that Act that the person is exempt from immigration control.
3
For subsection (5) substitute—
5
In this section—
a
“relevant national” has the same meaning as in section 62 of the Immigration Act 2014,
b
a reference to a person being exempt from immigration control is to be construed in accordance with section 49 of that Act.