- 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)A religious body, not being—
(a)the Church of Scotland; or
(b)prescribed by virtue of section 8(1)(a)(ii) of this Act,
may nominate to the Registrar General any of its members who it desires should be registered under this section as empowered to solemnise marriages:
Provided that any such nominee must, at the date of his nomination, be 21 years of age or over.
(2)The Registrar General shall reject a nomination made under subsection (1) above if in his opinion—
(a)the nominating body is not a religious body; or
(b)the marriage ceremony used by that body is not of an appropriate form; or
(c)the nominee is not a fit and proper person to solemnise a marriage; or
(d)there are already registered under this section sufficient members of the same religious body as the nominee to meet the needs of that body.
(3)For the purposes of subsection (2)(b) above, a marriage ceremony is of an appropriate form if it includes, and is in no way inconsistent with—
(a)a declaration by the parties, in the presence of each other, the celebrant and two witnesses, that they accept each other as husband and wife; and
(b)a declaration by the celebrant, after the declaration mentioned in paragraph (a) of this subsection, that the parties are then husband and wife,
and the Registrar General may, before deciding whether to accept or reject a nomination, require the nominating body to produce to him in writing the form of words used at its marriage ceremonies.
(4)Where the Registrar General accepts a nomination made to him under subsection (1) above, he—
(a)shall determine the period during which the nominee shall be empowered to solemnise marriages, being a period of not more than 3 years; and
(b)may determine that the nominee shall be empowered to solemnise marriages only in such area as the Registrar General may specify,
and may make his acceptance subject to such other conditions as he thinks fit:
Provided that nothing in paragraph (a) above shall preclude the Registrar General from accepting a further nomination of that nominee, in accordance with this section, to take effect at any time after the end of the period determined by the Registrar General under the said paragraph (a).
(5)The Registrar General shall—
(a)where he accepts a nomination made to him under subsection (1) above—
(i)so inform the nominee and the nominating body, specifying the period during which the acceptance shall have effect and any condition to which the acceptance is subject;
(ii)enter the name of the nominee, the nominating body and such other particulars as he deems appropriate in a register which he shall establish and maintain and which shall be made available for public inspection at all reasonable times without charge;
(b)where he rejects the nomination, by notice in writing inform the nominating body of the reasons for that rejection.
(6)The nominating body may, if aggrieved by a rejection under this section, within 28 days of receiving notice of that rejection, appeal to the Secretary of State, and on any such appeal the Secretary of State may direct the Registrar General to accept the nomination or may confirm its rejection and shall inform the nominating body of his direction or confirmation, as the case may be, and the reason for it; and such direction or confirmation shall be final:
Provided that if a reason given for a confirmation of the rejection of a nomination is that the nominating body is not a religious body, that body may, within 42 days of receiving notice of the confirmation, appeal against the confirmation to the Court of Session and seek the determination of that court as to whether the body is a religious body; and if—
(a)the court determine that the nominating body is a religious body; and
(b)the said reason was the only reason given for the confirmation,that determination shall be given effect to by the Registrar General as if it were a direction under this subsection to accept the nomination.
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: