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Marriage and Civil Partnership (Scotland) Act 2014

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This is the original version (as it was originally enacted).

14Temporary authorisation of celebrants

This section has no associated Explanatory Notes

(1)The 1977 Act is amended as follows.

(2)In section 12 (temporary authorisation of celebrants)—

(a)in subsection (1), for “person” substitute “member of a religious or belief body”, and

(b)after subsection (1) insert—

(1A)The Registrar General may grant an authorisation to a person under subsection (1) only if satisfied that the religious or belief body of which the person is a member meets the qualifying requirements.

(1B)An authorisation under subsection (1)(b) may be granted in relation to—

(a)only marriages between persons of different sexes;

(b)only marriages between persons of the same sex; or

(c)both.

(1C)The Registrar General may grant an authorisation to a person under subsection (1)(b) to solemnise marriages between persons of the same sex only if the religious or belief body of which the person is a member—

(a)is prescribed by virtue of section 8(1B)(a)(i); or

(b)has nominated members (whether or not including that person) under section 9(1A) to solemnise marriages between persons of the same sex.

(1D)In subsection (1A), the “qualifying requirements” are such requirements as may be set out in regulations made by the Scottish Ministers.

(1E)Regulations under subsection (1D)—

(a)may make different provision for different cases or circumstances;

(b)may include transitional and saving provision.

(1F)Regulations under subsection (1D) are subject to the negative procedure..

(3)In section 24 (offences), in subsection (2)(c), for the words from “12(a)” to the end substitute 12 of this Act—

(i)if authorised under subsection (1)(a) of that section, solemnises a marriage not specified in the authorisation;

(ii)if authorised under subsection (1)(b) of that section, solemnises a marriage outwith the period specified in the authorisation;

(iii)in either case, solemnises a marriage otherwise than in accordance with such terms and conditions as may be specified in the authorisation;.

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