Explanatory Notes

Marriage and Civil Partnership (Scotland) Act 2014

2014 asp 5

12 March 2014

Commentary

Part 5 – Registration services

Section 32: Provision of certain information to district registrars

216.This corrects an erroneous cross-reference. Section 39C(1)(a)(i) of the Registration of Births, Deaths and Marriages (Scotland) Act 1965 currently refers to “the registers of births, deaths and marriages transmitted to the Registrar General under section 34(3) of this Act”. This reference should be to section 34(4) of the 1965 Act which provides that “The district registrar for a registration district shall, at such time or times as the Registrar General may direct, transmit a relevant register to the Registrar General”. Section 32 provides the correct cross-reference.

Section 33: Form of register of marriages

217.Section 54 of the 1965 Act empowers the Registrar General, with the approval of Scottish Ministers, to make regulations on matters such as the form of registers for births, marriages and deaths. Section 33 amends section 54 of the 1965 Act so that regulations prescribing the form of a register of marriages may make different provision for different circumstances. Different descriptions may be needed for the parties of a same sex marriage when compared with parties to an opposite sex marriage.