PART 1MARRIAGE

CHAPTER 3SOLEMNISATION OF MARRIAGE

13Registration of nominated persons as celebrants

I1I21

The 1977 Act is amended as follows.

2

In section 9 (registration of nominated persons as celebrants)—

I3a

in subsection (1)—

i

for “religious body” substitute “ religious or belief body ”, and

ii

after “marriages” insert “ between persons of different sexes ”,

I3b

after subsection (1) insert—

1A

A religious or belief body, not being prescribed by virtue of section 8(1B)(a)(i), may nominate to the Registrar General any of its members who it desires should be registered under this section as empowered to solemnise marriages between persons of the same sex.

I3c

in subsection (2)—

i

after “(1)” insert “ or (1A) ”,

ii

in paragraph (a), for “religious body” substitute “ religious or belief body ”, and

iii

in paragraph (d)—

A

the word “religious” is repealed, and

B

after “that body” insert “ in relation to solemnising marriages between persons of different sexes or, as the case may be, marriages between persons of the same sex ”,

d

after paragraph (d) insert

; or

e

the nominating body does not meet the qualifying requirements.

I1e

after subsection (2) insert—

2A

In subsection (2)(e), the “qualifying requirements” are such requirements as may be set out in regulations made by the Scottish Ministers.

2B

Regulations under subsection (2A)—

a

may make different provision for different cases or circumstances;

b

may include transitional and saving provision.

2C

Regulations under subsection (2A) are subject to the negative procedure.

I3f

in subsection (3)—

i

after “ceremony” insert “ for marriage between persons of different sexes ”,

ii

in paragraph (a), for the words from “witnesses,” to “wife;” substitute

witnesses—

i

that they accept each other as husband and wife;

ii

that they accept each other in marriage; or

iii

either or both of sub-paragraphs (i) and (ii);

iii

in paragraph (b), for the words from “subsection,” to “wife,” substitute

subsection—

i

that the parties are then husband and wife;

ii

that the parties are then married; or

iii

either or both of sub-paragraphs (i) and (ii),

iv

after “ceremonies” insert “ for marriage between persons of different sexes ”,

I3g

after subsection (3) insert—

3A

For the purposes of subsection (2)(b) above, a marriage ceremony for marriage between persons of the same sex 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 in marriage;

b

a declaration by the celebrant, after the declaration mentioned in paragraph (a), that the parties are then married,

and the Registrar General may, before deciding whether to accept or reject a nomination, require the nominating body to produce in writing the form of words used at its marriage ceremonies for marriage between persons of the same sex.

I3h

in subsection (4)—

i

after “(1)” insert “ or (1A) ”, and

ii

in paragraph (b), after “area” insert “ or place ”,

I3i

in subsection (5)(a), after “(1)” insert “ or (1A) ”,

I3j

after subsection (5) insert—

5ZA

The register mentioned in subsection (5)(a)(ii) is to be in two parts—

a

the first part containing the details mentioned in subsection (5)(a)(ii) in relation to persons nominated by religious or belief bodies to solemnise marriages between persons of different sexes; and

b

the second part containing those details in relation to persons nominated by religious or belief bodies to solemnise marriages between persons of the same sex.

I3k

in subsection (6), in the proviso, for “religious body” in each place where it appears substitute “ religious or belief body ”, and

I3l

the italic cross-heading preceding section 9 becomes “ Religious or belief marriages ”.

I33

In section 10 (removal of celebrant's name from register)—

a

in subsection (1)—

i

in paragraph (b), after “9(1)” insert “ or (1A) ”, and

ii

in paragraph (c), after “9(3)” insert “ or (3A) ”,

b

after that subsection insert—

1A

In relation to any ground mentioned in subsection (1)(a) to (c), references in this section to removal from and restoration to the register include removal from and restoration to the appropriate part of the register.

c

in subsection (4), after “9(1)” insert “ or (1A) ”.

I34

In section 14(b) (form of ceremony to be used by approved celebrant), after “9(3)” insert “ or (3A) ”.

I35

In section 24(2)(a) (offences), after “area” insert “ or place ”.