Explanatory note

These Regulations amend the Marriage (Approval of Places) (Scotland) Regulations 2002 (“the principal Regulations”) to provide new arrangements for the approval of vessels on board which civil marriages may be solemnised, in particular in Scottish waters. The changes are a consequence of section 48 of the Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14) (“the 2006 Act”).

The principal Regulations are amended to add definitions in relation to the approval of vessels on which civil marriages may be solemnised in Scottish waters and to reflect definitions of “Scottish waters”, the seaward boundary of registration districts, “approved vessel” and “vessel” added to the Marriage (Scotland) Act 1977 (“the 1977 Act”) by the 2006 Act. Under the amendments made by the 2006 Act, marriage in Scottish waters need no longer take place within a registration district. The local authority which may approve a vessel for these purposes is the local authority of the proposed authorised registrar who will solemnise the proposed marriage.

The Regulations make clear how the principal Regulations apply in relation to the approval of vessels for marriage in Scottish waters. They also require, for such vessels, details of proposed embarkation and disembarkation points for the registrar who is to solemnise the marriage (regulation 2(4)(a) and (5)(a)). In addition, where a vessel approved for the purposes of marriage within Scottish waters ties up or is positioned so as to fall within a registration district in terms of the definition in section 26(2A) of the 1977 Act then, provided the same local authority would be responsible for approving a vessel so positioned, the existing approval is sufficient (regulation 2(13)).

A Regulatory Impact Assessment has not been produced for this instrument as it has no impact on the cost of business.