SCHEDULE 2Amendments to the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004

Article 2(2)

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.