The Gender Recognition (Marriage and Civil Partnership Registration) (Scotland) Regulations 2016

Particulars to be entered in the draft new register of marriages entry

4.—(1) Except as provided in this regulation and regulations 5 and 6, the particulars to be entered in the draft new register of marriages entry are to be the same particulars as are entered in the existing register of marriages entry.

(2) The draft new register of marriages entry must reflect the name and gender referred to on the full gender recognition certificate, or certificates, granted to one or each of the parties to the marriage.

(3) Where any of the particulars would indicate that a marriage of persons of the same sex was solemnised before 16th December 2014, the Registrar General must not enter those particulars in the draft new register of marriages entry, unless the parties request those particulars to be entered.

(4) If by virtue of the prohibition in paragraph (3), the Registrar General is unable to enter the date on which the marriage was solemnised—

(a) the marriage is to be entered in the draft new register of marriages entry as if it had been solemnised on the date on which the draft new register of marriages entry is made; and

(b) the particulars to be entered in the draft new register of marriages entry must be those applicable on that date, except that—

(i) the witnesses with addresses particular must remain blank(1); and

(ii) where the marriage was solemnised by an authorised registrar, the marriage is to be entered in the draft new register of marriages entry as if it had been solemnised by an authorised registrar, in post on the date referred to in paragraph 4(a), at the registration office of the registration district entered in the existing register of marriage entry.

(1)

The witnesses with addresses particular is at box 13 of the Marriage form, prescribed by the Registration of Births, Still-Births, Deaths and Marriages (Prescription of Forms) (Scotland) Regulations (S.I. 1997/2348), regulation 19 and Schedule 17.