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The Marriage (Prescription of Forms) (Scotland) Amendment Regulations 2005

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Scottish Statutory Instruments

2005 No. 596

MARRIAGE

The Marriage (Prescription of Forms) (Scotland) Amendment Regulations 2005

Made

23rd November 2005

Coming into force

5th December 2005

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

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Marriage (Prescription of Forms) (Scotland) Amendment Regulations 2005 and shall come into force on 5th December 2005.

(2) In these Regulations, “the principal Regulations” means the Marriage (Prescription of Forms) (Scotland) Regulations 1997(3).

Amendment of the principal Regulations

2.  In regulation 5(c) of the principal Regulations, after “marital” insert “or civil partnership”.

3.  For the form set out in Schedule 1 to the principal Regulations substitute the form set out in Schedule 1 to these Regulations.

4.  For the form set out in Schedule 2 to the principal Regulations substitute the form set out in Schedule 2 to these Regulations.

5.  For the form set out in Schedule 3 to the principal Regulations substitute the form set out in Schedule 3 to these Regulations.

6.  For the form set out in Schedule 4 to the principal Regulations substitute the form set out in Schedule 4 to these Regulations.

D MACNIVEN

Registrar General for Scotland

New Register House, Edinburgh

22nd November 2005

Approved by the Scottish Ministers

GEORGE LYON

Authorised to sign by the Scottish Ministers

St Andrew’s House, Edinburgh

23rd November 2005

Regulation 3

SCHEDULE 1

Regulation 4

SCHEDULE 2

Form DSR

Regulation 5

SCHEDULE 3

Regulation 6

SCHEDULE 4

Form M1

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Marriage (Prescription of Forms) (Scotland) Regulations 1997.

Revised forms relating to the marriage notice (form M10 – regulation 3), the declaration to be made by parties to a marriage who are related by affinity (form DSR – regulation 4), the marriage schedule (regulation 5) and the certificate of no impediment (form M1 – regulation 6) are substituted to reflect changes brought about by the Civil Partnership Act 2004 (c. 33).

In addition, the prescribed particulars to be entered in the marriage notice book for the purposes of section 4(1) of the Marriage (Scotland) Act 1977 (c. 15) are amended to include a reference to civil partnership status

(1)

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.

(2)

The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46).

(3)

S.I. 1997/2349.

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