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Marriage (Scotland) Act 1977

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Marriage (Scotland) Act 1977, Section 12 is up to date with all changes known to be in force on or before 23 July 2018. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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12 Temporary authorisation of celebrants.S

[F1(1)]The Registrar General may, in accordance with such terms and conditions as may be specified in the authorisation, grant to any [F2member of a religious or belief body] a temporary written authorisation to solemnise—

(a)a marriage or marriages specified in the authorisation; or

(b)marriages during such period as shall be specified in the authorisation:

F3...

[F4(1A)The Registrar General may grant an authorisation to a person under subsection (1) only if satisfied that the religious or belief body of which the person is a member meets the qualifying requirements.

(1B)An authorisation under subsection (1)(b) may be granted in relation to—

(a)only marriages between persons of different sexes;

(b)only marriages between persons of the same sex; or

(c)both.

(1C)The Registrar General may grant an authorisation to a person under subsection (1)(b) to solemnise marriages between persons of the same sex only if the religious or belief body of which the person is a member—

(a)is prescribed by virtue of section 8(1B)(a)(i); or

(b)has nominated members (whether or not including that person) under section 9(1A) to solemnise marriages between persons of the same sex.

(1D)In subsection (1A), the “qualifying requirements” are such requirements as may be set out in regulations made by the Scottish Ministers.

(1E)Regulations under subsection (1D)—

(a)may make different provision for different cases or circumstances;

(b)may include transitional and saving provision.

(1F)Regulations under subsection (1D) are subject to the negative procedure.]

[F5(2)For the purpose of subsection (1) above, an authorisation which is issued by electronic means is to be treated as written if it is received in a form which is legible and capable of being used for subsequent reference.]

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Amendments (Textual)

F1S. 12(1): s. 12 renumbered as s. 12(1) (1.10.2006 for specified purposes, 1.1.2007 in so far as not already in force) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 50(8)(a), 63(2); S.S.I. 2006/469, art. 2, schs. 1, 2 (with art. 4)

F2Words in s. 12(1) substituted (16.12.2014) by Marriage and Civil Partnership (Scotland) Act 2014 (asp 5), ss. 14(2)(a), 36; S.S.I. 2014/287, art. 3, sch. (as amended (1.9.2014) by S.S.I. 2014/218, art. 2(3), Sch.)

F4S. 12(1A)-(1F) inserted (1.9.2014 for specified purposes, 16.12.2014 for specified purposes) by Marriage and Civil Partnership (Scotland) Act 2014 (asp 5), ss. 14(2)(b), 36; S.S.I. 2014/212, art. 2, sch. (as amended (1.9.2014) by S.S.I. 2014/218, art. 2(3), Sch.); S.S.I. 2014/287, art. 3, sch.

F5S. 12(2) inserted (1.10.2006 for specified purposes, 1.1.2007 in so far as not already in force) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 50(8)(b), 63(2); S.S.I. 2006/469, art. 2, schs. 1, 2 (with art. 4)

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