OpenLegislation

The Marriage (Prescription of Forms) (Scotland) Regulations 1997

S.I. 1997/2349 · Made 24 September 1997

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

MARRIAGE

Made 24th September 1997

Coming into force 1st January 1998

The Registrar General, in exercise of the powers conferred upon him by sections 3(1), 4(1), 6(1), 7(2), 16 and 26, of the Marriage (Scotland) Act 1977f1, and of all other powers enabling him in that behalf and with the approval of the Secretary of State under section 25 of that Act, hereby makes the following Regulations:

Annotations to the whole text

Footnotes

f1

1977 c. 15; section 3(1) was amended by paragraph 3, and section 6(1) by paragraph 5, of Schedule 2 to the Marriage (Prohibited Degrees of Relationship) Act 1986 (c. 16); section 26 contains a definition of “prescribed” relevant to the exercise of statutory powers under which these Regulations are made.

Contents

  1. 1Citation and commencement
  2. 2Interpretation
  3. 3Forms etc. for use in connection with preliminaries to and registration of marriage
  4. 4Forms etc. for use in connection with preliminaries to and registration of marriage
  5. 5Forms etc. for use in connection with preliminaries to and registration of marriage
  6. 6Forms etc. for use in connection with preliminaries to and registration of marriage
  7. 7Forms etc. for use in connection with preliminaries to and registration of marriage
  8. 8Forms etc. for use in connection with preliminaries to and registration of marriage
  9. 9Revocation
  10. Signature
  11. Schedule 1MARRIAGE NOTICE – SCOTLAND
  12. Schedule 2DECLARATION WHERE A MARRIAGE IS PROPOSED BETWEEN PARTIES RELATED IN A DEGREE SPECIFIED BELOW*
  13. Schedule 3MARRIAGE SCHEDULE
  14. Schedule 4CERTIFICATE OF NO IMPEDIMENT
  15. Schedule 5FAILURE TO RETURN MARRIAGE SCHEDULE
  16. Schedule 6MARRIAGE NOTICE – SCOTLAND
  17. Explanatory note

1Citation and commencement

These Regulations may be cited as the Marriage (Prescription of Forms) (Scotland) Regulations 1997 and shall come into force on 1st January 1998.

2Interpretation

(1)

In these Regulations, unless the context otherwise requires–

  • “the Act” means the Marriage (Scotland) Act 1977;

  • “district registrar” means the registrar for the registration district in which the marriage is to be or has been solemnised;

  • “marriage notice” means a notice of intention to marry;

  • “marriage notice book” means a book in which are entered particulars extracted from marriage notices and from approved certificates for marriage issued in any part of the United Kingdom other than Scotland.

(2)

Any reference in these Regulations–

(a)

to a numbered section is to a section bearing that number in the Act; and

(b)

to a numbered Schedule is to a Schedule bearing that number in these Regulations.

3Forms etc. for use in connection with preliminaries to and registration of marriage

The notice prescribed for the purposes of section 3(1) shall be in the form set out in Schedule 1.

4Forms etc. for use in connection with preliminaries to and registration of marriage

The declaration prescribed for the purposes of section 3(1)(d) shall be in the form set out in Schedule 2.

5Forms etc. for use in connection with preliminaries to and registration of marriage

The prescribed particulars to be extracted from a marriage notice or an approved certificate and entered in the marriage notice book for the purposes of section 4(1) shall be–

(a)

the surname and name;

(b)

the address;

(c)

the marital status;

(d)

the date of birth; and

(e)

the proposed date of the marriage,

of the person who has submitted the notice or approved certificate.

6Forms etc. for use in connection with preliminaries to and registration of marriage

The Marriage Schedule prescribed for the purposes of section 6(1) shall be in the form set out in Schedule 3.

7Forms etc. for use in connection with preliminaries to and registration of marriage

The certificate prescribed for the purposes of section 7(2) shall be in the form set out in Schedule 4.

8Forms etc. for use in connection with preliminaries to and registration of marriage

The notices prescribed for the purposes of section 16(1) and (2) shall be in the forms set out in Schedules 5 and 6 respectively.

9Revocation

The following Regulations are hereby revoked so far as still in force:–

(a)

the Marriage (Prescription of Forms) (Scotland) Regulations 1977f1;

(b)

the Marriage (Prescription of Forms) (Scotland) Amendment Regulations 1986f2;

(c)

the Marriage (Prescription of Forms) (Scotland) Amendment (No. 2) Regulations 1986f3;

(d)

the Marriage (Prescription of Forms) (Scotland) Amendment Regulations 1995f4.

Signature

James Meldrum

Registrar General for Scotland

New Registrar House,

Edinburgh

22nd September 1997

Approved by the Secretary of State

Henry B McLeish

Minister of State, Scottish Office

St Andrew’s House,

Edinburgh

24th September 1997

Schedule 1MARRIAGE NOTICE – SCOTLAND

Schedule 2DECLARATION WHERE A MARRIAGE IS PROPOSED BETWEEN PARTIES RELATED IN A DEGREE SPECIFIED BELOW*

Schedule 3MARRIAGE SCHEDULE

Schedule 4CERTIFICATE OF NO IMPEDIMENT

Schedule 5FAILURE TO RETURN MARRIAGE SCHEDULE

Schedule 6MARRIAGE NOTICE – SCOTLAND

Explanatory note

(This note is not part of the Regulations)

These Regulations consolidate with only minor drafting amendments and revoke the Marriage (Prescription of Forms) (Scotland) Regulations 1977 and subsequent amending instruments.