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Marriage (Scotland) Act 1977

1977 c. 15 · Enacted 26 May 1977 · Extends to United Kingdom

Not fully up to date. 1 change made by later legislation has not yet been written into this text, which is revised to 24 April 2023.

See the changes not yet applied
ProvisionChangeMade by
s. 9(2)(e)insertedMarriage and Civil Partnership (Scotland) Act 2014 s. 13(2)(d)

An Act to make new provision for Scotland as respects the law relating to the constitution of marriage, and for connected purposes.

[26th May 1977]I1C1C2

Annotations to the whole text

Modifications

C1

Act applied (with modifications) (1.2.2005) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 22, 48(3); S.I. 2004/3398, art. 3

C2

Act power to apply (with modifications) conferred (1.9.2014) by Marriage and Civil Partnership (Scotland) Act 2014 (asp 5), ss. 30(5)(b), 36; S.S.I. 2014/212, art. 2, sch. (as amended (1.9.2014) by S.S.I. 2014/218, art. 2(3), Sch.)

Commencement

I1

Act partly in force at Royal Assent, see s. 29(2); Act wholly in force at 01. 01. 1978.

Contents

  1. Part: Minimum age for marriage
  2. 1Minimum age for marriage.
  3. Part: Forbidden degrees
  4. 2Marriage of related persons.
  5. Part: Preliminaries to regular marriage
  6. 3Notice of intention to marry.
  7. 3AAdditional information if party not relevant national
  8. 3BAdditional evidence if party not relevant national
  9. 3CDeclaration to accompany information and evidence
  10. 3DRejection of false information or evidence
  11. 3EMarriage notice: treated as not given
  12. 3FReferral of proposed marriage to Secretary of State
  13. 4Marriage notice book and list of intended marriages.
  14. 5Objections to marriage.
  15. 6The Marriage Schedule.
  16. 6AMarriage notice: false information or evidence
  17. 7Marriage outside Scotland where a party resides in Scotland.
  18. Part: Persons who may solemnise marriage
  19. 8Persons who may solemnise marriage.
  20. Part: Religious or belief marriages
  21. 9Registration of nominated persons as celebrants.
  22. 10Removal of celebrant’s name from register.
  23. 11Alterations to register maintained under s. 9.
  24. 12Temporary authorisation of celebrants.
  25. 13Preliminaries to solemnisation of marriages by approved celebrants .
  26. 14Form of ceremony to be used by approved celebrant.
  27. 15Registration of religious or belief marriages .
  28. 16Registrar’s power to require delivery of Marriage Schedule.
  29. Part: Civil marriages
  30. 17Appointment of authorised registrars.
  31. 18Places at which civil marriages may be solemnised.
  32. 18AApproved places Repealed
  33. 19Marriage ceremony and registration of marriage.
  34. 20Second marriage ceremony.
  35. Void marriages
  36. 20AGrounds on which marriage void
  37. Part: Irregular marriages
  38. 21Registration of irregular marriages.
  39. Part: General
  40. 22Interpreters at marriage ceremony.
  41. 23Cancellation of entry in register of marriages.
  42. 23AValidity of registered marriage.
  43. 24Offences.
  44. 24AForm, and manner of attestation, of documents
  45. 25Regulations.
  46. 26Interpretation.
  47. 27Transitional and saving provisions.
  48. 28Consequential amendments and repeals.
  49. 29Short title, commencement and extent.
  50. Schedule 1DEGREES OF RELATIONSHIP
  51. Schedule 1A: Modifications if proposed marriage referred under section 3F
  52. 1Introduction
  53. 2No Marriage Schedule to be completed until decision about investigation etc.
  54. 3Marriage to be investigated: extension of 28 day period to 70 days
  55. 4Effect of reducing statutory period
  56. Schedule 2: Consequential Amendments of Other Enactments
  57. The Foreign Marriage Act 1892 (c. 23)
  58. 1Paragraph 1 Repealed
  59. The Marriage with Foreigners Act 1906 (c. 40)
  60. 2Paragraph 2
  61. 3Paragraph 3
  62. The Marriage Act 1949 (c. 76)
  63. 4Paragraph 4
  64. The Marriage (Scotland) Act 1956 (c. 70)
  65. 5Paragraph 5
  66. The Registration of Births, Deaths and Marriages (Scotland) Act 1965 (c. 49)
  67. 6Paragraph 6
  68. 7Paragraph 7
  69. 8Paragraph 8
  70. 9Paragraph 9
  71. Schedule 3Repeals