PART 2 U.K.IMMIGRATION

Chapter 1U.K.Amendment and saving of primary legislation

Amendment of the Marriage (Scotland) Act 1977U.K.

7.—(1) The Marriage (Scotland) Act 1977 M1 is amended as follows.

(2) In section 3(1) (notice of intention to marry: documents etc to be produced), after paragraph (c) insert—

(ca)if the party falls within paragraph (ab)(i) of the definition of “relevant national” in section 26(2), an electronic certificate which confirms that the leave referred to in that provision has been granted;

(cb)if the party falls within paragraph (ab)(ii) of the definition of “relevant national” in section 26(2)—

(i)a certificate of application which confirms that the application referred to in regulation 4 of the Citizens' Rights (Application Deadline and Temporary Protection) (EU Exit) Regulations 2020 has been made; and

(ii)evidence that the relevant period referred to in regulation 4 of those Regulations has not expired;.

(3) In section 26(2) (interpretation), in the definition of “relevant national”—

(a)after paragraph (a) insert—

(aa)an Irish citizen, or

(ab)a person who is not an Irish citizen and who—

(i)has leave to enter or remain in the United Kingdom which was granted by virtue of residence scheme immigration rules within the meaning given by section 17 of the European Union (Withdrawal Agreement) Act 2020, or

(ii)is an applicant for the purposes of regulation 4 of the Citizens' Rights (Application Deadline and Temporary Protection)(EU Exit) Regulations 2020 (applications which have not been finally determined by the deadline) where the relevant period within the meaning of that regulation has not expired;;

(b)omit paragraphs (b) and (c).

Commencement Information

I1Reg. 7 in force at 1.7.2021, see reg. 1(2)(c)

Marginal Citations

M11977 c. 15. Section 3(1) was amended by paragraphs 1 and 3 of, Schedule 2 to, the Marriage (Prohibited Degrees of Relationship) Act 1986 (c. 16) and paragraph 43(a) of Schedule 48 to the Civil Partnership Act 2004 (c. 33). The definition of “relevant national” was inserted into section 26 by S.I. 2015/396 and amended by S.I. 2019/745.There are other amendments but none are relevant.