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Marriage (Scotland) Act 1977

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SCHEDULES

Section 2.

Schedule 1S Degrees of Relationship

Column 1

Column 2

1.—Relationships by consanguinity

Mother;Father;
Daughter;Son;
Father’s mother;Father’s father;
Mother’s mother;Mother’s father;
Son’s daughter;Son’s son;
Daughter’s daughter;Daughter’s son;
Sister;Brother;
Father’s sister;Father’s brother;
Mother’s sister;Mother’s brother;
Brother’s daughter;Brother’s son;
Sister’s daughter;Sister’s son;
Father’s father’s mother;Father’s father’s father;
Father’s mother’s mother;Father’s mother’s father;
Mother’s father’s mother;Mother’s father’s father;
Mother’s mother’s mother;Mother’s mother’s father;
Son’s son’s daughter;Son’s son’s son;
Son’s daughter’s daughter;Son’s daughter’s son;
Daughter’s son’s daughter;Daughter’s son’s son;
Daughter’s daughter’s daughter;

Daughter’s daughter’s son.

[F12.—Relationships by affinity referred to in section2(1A)]

[F1Daughter of former wife;][F1Son of former husband;]
[F1Former wife of father;][F1Former husband of mother;]
[F1Former wife of father’s father;][F1Former husband of father’s mother;]
[F1Former wife of father’s father;][F1Former husband of father’s mother;]
[F1Former wife of mother’s father;][F1Former husband of mother’s mother;]
[F1Daughter of son of former wife;][F1Son of son of former husband;]
[F1Daughter of daughter of former wife;]

[F1Son of daughter of former husband;]

[F12A.—Relationships by affinity referred to in section 2(1B)]

[F1Mother of former wife;][F1Father of former husband;]
[F1Former wife of son;][F1Former husband of daughter.]
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Amendments (Textual)

Section 28(1).

SCHEDULE 2E+W+S+N.I. Consequential Amendments of Other Enactments

The Foreign Marriage Act 1892 (c. 23)S

1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2S

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Amendments (Textual)

The Marriage with Foreigners Act 1906 (c. 40)E+W+S+N.I.

2In section 1(1) (British subject giving notice of intended foreign marriage), for the words “the United Kingdom”, there shall be substituted the words “any part of the United Kingdom other than Scotland”.E+W+S+N.I.

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Modifications etc. (not altering text)

C1The text of S. 28(1)(2), Sch. 2 paras. 2, 3, 4(a)(b), 5(a)b), 6, 7, 8, 9, Sch. 3 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

3In section 2(1) (provision for regulations in relation to foreigners intending to marry in Britain), for the words “the United Kingdom”, in both places where they occur, there shall be substituted the words “any part of the United Kingdom other than Scotland”.E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

C2The text of S. 28(1)(2), Sch. 2 paras. 2, 3, 4(a)(b), 5(a)b), 6, 7, 8, 9, Sch. 3 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

The Marriage Act 1949 (c. 76)E+W+S+N.I.

4In section 37(1) (one party resident in Scotland)—E+W+S+N.I.

(a)for paragraph (a) there shall be substituted the following paragraph—

(a)the party residing in Scotland may give notice of the intended marriage in accordance with section 7 of the Marriage (Scotland) Act 1977 ; ;

(b)for paragraph (c) there shall be substituted the following paragraph—

a certificate issued under section 7(2) of the Marriage (Scotland) Act 1977 to a party shall, for the purpose of that party’s intended marriage, have the like force and effect in all respects as a certificate for marriage issued by a superintendent registrar under this Part of this Act ;.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

C3The text of S. 28(1)(2), Sch. 2 paras. 2, 3, 4(a)(b), 5(a)b), 6, 7, 8, 9, Sch. 3 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

The Marriage (Scotland) Act 1956 (c. 70)E+W+S+N.I.

5In section 1 (notice of marriage intended to be solemnised in Scotland)—E+W+S+N.I.

(a)for subsections (1) and (2) there shall be substituted the following subsections—

(1)Where one party to a marriage intended to be solemnised in Scotland is residing in England and the other is residing in Scotland, the party residing in England may give notice of the intended marriage to the superintendent registrar of the registration district in which he has resided for the period of seven days immediately before the giving of the notice.

(2)Where both parties to a marriage intended to be solemnised in Scotland are residing in England, whether in the same registration district or in different registration districts, and one of the parties has a parent who has his usual residence in Scotland—

(a)the other party may give notice of the intended marriage to the superintendent registrar of the registration district in which he has resided for the period of seven days immediately before the giving of the notice ;

(b)if the parties live in different registration districts, it shall not be necessary for notice of the intended marriage to be given to the superintendent registrar of the other registration district.

(2A)Section 28(1) of the Marriage Act 1949 (which relates to the declaration to accompany a notice of marriage) shall apply for the purposes of subsections (1) and (2) above as if paragraph (b) of the said section 28(1) required the declaration to state—

(i)that the person giving the notice has for the period of seven days immediately before the giving of the notice had his usual place of residence within the registration district in which the notice is given ; and

(ii)that the marriage is intended to be solemnised in Scotland; and

(iii)that the other party to the intended marriage is resident in Scotland, or has a parent who has his usual residence in Scotland, as the case may be. ;

(b)in subsection (3), for the words “last preceding subsection” there shall be substituted the words “foregoing provisions of this section”.

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Modifications etc. (not altering text)

C4The text of S. 28(1)(2), Sch. 2 paras. 2, 3, 4(a)(b), 5(a)b), 6, 7, 8, 9, Sch. 3 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

The Registration of Births, Deaths and Marriages (Scotland) Act 1965 (c. 49)S

6In section 11 (general provision as to fees)—S

(a)after the word “Act” where it first occurs there shall be inserted the words “or the Marriage (Scotland) Act 1977” ;

(b)for the words “this Act” where they occur for the second time there shall be substituted the words “or under this Act or the Marriage (Scotland) Act 1977”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

C5The text of S. 28(1)(2), Sch. 2 paras. 2, 3, 4(a)(b), 5(a)b), 6, 7, 8, 9, Sch. 3 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

7In section 12 (fees to be accounted for), at the end there shall be added the words “and the Marriage (Scotland) Act 1977.”.S

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

C6The text of S. 28(1)(2), Sch. 2 paras. 2, 3, 4(a)(b), 5(a)b), 6, 7, 8, 9, Sch. 3 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

8In section 32(1) (provision of registers etc. by Registrar General), at the end there shall be added the words “and the Marriage (Scotland) Act 1977.”.S

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

C7The text of S. 28(1)(2), Sch. 2 paras. 2, 3, 4(a)(b), 5(a)b), 6, 7, 8, 9, Sch. 3 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

9In section 52 (sending of documents by post), after the word “Act” there shall be inserted the words “or the Marriage (Scotland) Act 1977.”.S

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

C8The text of S. 28(1)(2), Sch. 2 paras. 2, 3, 4(a)(b), 5(a)b), 6, 7, 8, 9, Sch. 3 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Section 28(2).

SCHEDULE 3E+W+S+N.I. Repeals

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

C9The text of S. 28(1)(2), Sch. 2 paras. 2, 3, 4(a)(b), 5(a)b), 6, 7, 8, 9, Sch. 3 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

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