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

Qualifying Scottish marriages solemnised outside the United Kingdom

6.—(1) Unless paragraph (2) applies, the Registrar General must not enter in the draft new register of marriages entry any particulars that would indicate that a marriage between persons of the same sex, or between persons of different sexes (as the case may be) was solemnised outside the United Kingdom according to the law of Scotland.

(2) Paragraph (1) does not apply if—

(a) the qualifying Scottish marriage is between persons of different sexes which was registered outside the United Kingdom under section 22 of the Foreign Marriage Act 1892(1);

(b) the qualifying Scottish marriage is a forces marriage within the meaning of paragraph 12(2) of Schedule 6 to the Marriage (Same Sex Couples) Act 2013(2) between persons of different sexes; or

(c) on the applicable date there is a notification (which has not been subsequently revoked) from the authorities in the country or territory outside the United Kingdom, in which the marriage was solemnised, to the Secretary of State in writing, that there is no objection to marriages of persons of the same sex, or between persons of different sexes (as the case may be) taking place in that country or territory.

(3) Where paragraph (1) applies, the qualifying Scottish 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 applicable date in the registration office of the district of Edinburgh registration district.

(4) In this regulation “applicable date” means the date entered by the Registrar General in the draft new register of marriages entry as the date the marriage was solemnised.

(1)

1892 c.23. Section 22 was repealed by the Marriage (Same Sex Couples) Act 2013 c.30, section 13(2).

(2)

2013 c.30.