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Marriage (Scotland) Act 1977, Section 18 is up to date with all changes known to be in force on or before 30 April 2024. 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.
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(1)Subject to the provisions of this section, an authorised registrar shall solemnise a civil marriage
[F1(a)]in his registration office [F2; F3...]
[F2(b)at an approved place in his registration district][F4; or
(c)on or in an approved vessel, while in Scottish waters.]
(2)An authorised registrar may, with the approval of the Registrar General, solemnise a civil marriage
[F5(a)]in the registration office of another authorised registrar [F6; or]
F6[(b)at an approved place in the district of another authorised registrar]
(3)If either of the parties to an intended civil marriage is unable to attend the registration office of an authorised registrar for the solemnisation of the marriage, an authorised registrar may, subject to the following provisions of this section and on reimbursement of any additional expenditure incurred by him by virtue of this subsection, solemnise the marriage—
(a)at any place in his registration district other than his registration office; or
(b)with the approval of the Registrar General, at any place in any registration district in respect of which there is no authorised registrar.
(4)The authorised registrar shall not solemnise a marriage at any such place as is described in subsection (3)(a) or (b) above unless—
(a)application has been made to him by either of the parties to the intended marriage requesting him to solemnise the marriage at such a place and stating the reason why one of the parties is unable to attend a registration office; and
(b)subject to subsection (5) below, he is satisfied on consideration of the application that the party is unable to attend a registration office by reason of serious illness or serious bodily injury and that there is good reason why the marriage cannot be delayed until the party is able to attend a registration office.
(5)If the authorised registrar is not satisfied as mentioned in subsection (4)(b) above, he shall consult the Registrar General who may direct him to solemnise the marriage in accordance with the application made under subsection (4)(a) above or to refuse so to solemnise it.
[F7(6)For the purposes of this section “approved place” means any place approved by virtue of regulations made under section 18A of this Act.]
[F8(7)For the purposes of this section, “approved vessel” means a vessel approved by virtue of regulations made under section 18A of this Act, by the home local authority.
(8)In subsection (7) above, the “home local authority” means the local authority which is the local registration authority for the authorised registrar's registration district.]
Textual Amendments
F1Word “a” in s. 18(1) inserted (25.4.2002) by 2002 asp 8, s. 1(2)(a)(i); S.S.I. 2002/184, art. 2
F2S. 18(1)(b) and word “or” immediately preceding inserted (25.4.2002) by 2002 asp 8, s. 1(2)(ii); S.S.I. 2002/184, art. 2
F3Word in s. 18(1)(a) repealed (1.1.2007) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 48(6)(a)(i), 63(2); S.S.I. 2006/469, art. 3, sch. 2 (with art. 4)
F4S. 18(1)(c) and word inserted (1.1.2007) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 48(6)(a)(ii), 63(2); S.S.I. 2006/469, art. 3, sch. 2 (with art. 4)
F5Word “a” in s. 18(2) inserted (25.4.2002) by 2002 asp 8, s. 1(2)(b)(i); S.S.I. 2002/184, art. 2
F6S. 18(2)(b) and word “or” immediately preceding added (25.4.2002) by 2002 asp 8, s. 1(2)(b)(ii); S.S.I. 2002/184, art. 2
F7S. 18(6) inserted (25.4.2002) by 2002 asp 8, s. 1(2)(c); S.S.I. 2002/184, art. 2
F8S. 18(7)(8) inserted (1.1.2007) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 48(6)(b), 63(2); S.S.I. 2006/469, art. 3, sch. 2 (with art. 4)
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