- Latest available (Revised)
- Original (As enacted)
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Marriage (Scotland) Act 1977. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.
This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
Commencement Orders bringing legislation that affects this Act into force:
(1)The Scottish Ministers may by regulations make provision for or in connection with the approval by local authorities of places in their areas in which civil marriages may be solemnised.
(2)Regulations under subsection (1) above may in particular include provision as to—
(a)the kinds of place in respect of which approvals may be granted;
(b)the procedure to be followed in relation to applications for approval;
(c)the considerations to be taken into account by a local authority in determining whether to approve any places;
(d)the duration and renewal of approvals;
(e)the conditions that shall or may be imposed by a local authority on granting or renewing an approval;
(f)the determination and charging by local authorities of fees in respect of—
(i)applications for the approval of places;
(ii)the renewal of approvals; and
(iii)the attendance by authorised registrars at places approved under the regulations;
(g)the circumstances in which a local authority shall or may revoke or suspend an approval or vary any of the conditions imposed in relation to an approval;
(h)the notification to the Registrar General of all approvals granted, renewed, revoked, suspended or varied;
(i)the notification to the district registrar for the district in which a place approved under the regulations is situated of all approvals relating to such a place which are granted, renewed, revoked, suspended or varied;
(j)the keeping by the Registrar General, district registrars and local authorities of registers of places approved under the regulations; and
(k)the issue by the Registrar General of guidance supplementing the provision made by the regulations.
(3)A person who has made an application under regulations made under subsection (1) above may appeal, by summary application, to the sheriff against any decision made by a local authority in relation to the application (including any decision to revoke or suspend, or to vary any of the conditions imposed in relation to, an approval granted in pursuance of that application).
(4)An appeal under subsection (3) above may be made only on one or more of the following grounds—
(a)that the local authority’s decision was based on an error of law;
(b)that the local authority’s decision was based on an incorrect material fact;
(c)that the local authority has acted contrary to natural justice; or
(d)that the local authority has acted unreasonably in the exercise of its discretion.
(5)An appeal under subsection (3) above shall not, unless on good cause shown, be considered by the sheriff unless lodged with the sheriff clerk within 28 days of the date on which the local authority made the decision being appealed against.
(6)In upholding an appeal under subsection (3) above, the sheriff may—
(a)remit the case with the reasons for the sheriff’s decision to the local authority for reconsideration by the local authority of its decision; or
(b)reverse or modify the local authority’s decision.
(7)A party to an appeal under subsection (3) above may appeal, on a point of law only, against the decision of the sheriff to the Court of Session within 28 days of the date of that decision.
(8)Regulations under subsection (1) above may make different provision for different cases or circumstances.
(9)The power to make regulations under subsection (1) above shall be exercisable by statutory instrument; and, subject to subsection (10) below, any such statutory instrument shall be subject to annulment in pursuance of a resolution of the Scottish Parliament.
(10)A statutory instrument containing the first regulations under subsection (1) above shall not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the Scottish Parliament.]
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.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: