The Marriage (Approval of Places) (Scotland) Amendment Regulations 2005

Scottish Statutory Instruments

2005 No. 657

MARRIAGE

The Marriage (Approval of Places) (Scotland) Amendment Regulations 2005

Made

21st December 2005

Laid before the Scottish Parliament

22nd December 2005

Coming into force

1st February 2006

The Scottish Ministers, in exercise of the powers conferred by section 18A(1) and (2) of the Marriage (Scotland) Act 1977(1) hereby make the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Marriage (Approval of Places) (Scotland) Amendment Regulations 2005 and shall come into force on 1st February 2006.

Amendment of the Marriage (Approval of Places) (Scotland) Regulations 2002

2.  For regulation 7(2)(b) (ground for refusal to approve place of solemnisation of civil marriage – connection to religion or religious practice) of the Marriage (Approval of Places) (Scotland) Regulations 2002(2), substitute–

“(b) the place is in religious premises, that is to say premises which–

(i) are used solely or mainly for religious purposes; or

(ii) have been so used and have not subsequently been used solely or mainly for other purposes;”.

GEORGE LYON

Authorised to sign by the Scottish Ministers

St Andrew’s House, Edinburgh

21st December 2005

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Marriage (Approval of Places) (Scotland) Regulations 2002 which provide for the approval of places by local authorities for the solemnisation of civil marriages.

They alter the ground of refusal to approve such a place on the basis of a connection with religion or religious practice. They provide instead that approval must be refused if, in the opinion of the local authority in which the place is situated, it is a place in premises used solely or mainly for religious purposes, or which have been so used (but not subsequently used solely or mainly for other purposes).

(1)

1977 c. 15; section 18A was inserted by section 1(3) of the Marriage (Scotland) Act 2002 (asp 8).

(2)

S.S.I. 2002/260.