The Marriage and Civil Partnership (Prescribed Forms) (Scotland) Regulations 2014

Scottish Statutory Instruments

2014 No. 306

Civil Partnership

Registration Of Births, Deaths, Marriages, Etc.

Marriage

The Marriage and Civil Partnership (Prescribed Forms) (Scotland) Regulations 2014

Made

11th November 2014

Laid before the Scottish Parliament

13th November 2014

Coming into force

16th December 2014

The Registrar General makes the following Regulations in exercise of the powers conferred by sections 88(1) and (5), and 95ZA of the Civil Partnership Act 2004(1), section 55(2) of the Local Electoral Administration and Registration Services (Scotland) Act 2006(2), sections 3(1), 6(1) and 7(2) of the Marriage (Scotland) Act 1977(3), sections 32(1) and 54(1)(b) of the Registration of Births, Deaths and Marriages (Scotland) Act 1965(4) and all other powers enabling him to do so(5).

In accordance with section 126(3) of the Civil Partnership Act 2004, section 60(1) of the Local Electoral Administration and Registration Services (Scotland) Act 2006, section 25(1) of the Marriage (Scotland) Act 1977 and section 54(1) of the Registration of Births, Deaths and Marriages (Scotland) Act 1965, the Scottish Ministers have approved the making of these Regulations.

Citation and commencement

1.  These Regulations may be cited as the Marriage and Civil Partnership (Prescribed Forms) (Scotland) Regulations 2014 and come into force on 16th December 2014.

Amendment of the Registration of Civil Partnerships (Prescription of Forms, Publicisation and Errors) (Scotland) Regulations 2005

2.—(1) The Registration of Civil Partnerships (Prescription of Forms, Publicisation and Errors) (Scotland) Regulations 2005(6) are amended as follows.

(2) After regulation 6, insert—

“6A.   The notices prescribed for the purposes of section 95ZA(1) and (2) are in the form set out in Schedules 3A and 3B.”.

(3) For the form set out in Schedule 1 (civil partnership notice), substitute the form set out in Schedule 1 to these Regulations.

(4) After Schedule 3, insert Schedules 3A and 3B set out in Schedule 2 to these Regulations.

Amendment of the Book of Scottish Connections Regulations 2008

3.—(1) The Book of Scottish Connections Regulations 2008(7) are amended as follows.

(2) For the form set out in Schedule 7 (entry of marriage), substitute the form set out in Schedule 3 to these Regulations.

Amendment of the Marriage (Prescription of Forms) (Scotland) Regulations 1997

4.—(1) The Marriage (Prescription of Forms) (Scotland) Regulations 1997(8) are amended as follows.

(2) For the form set out in Schedule 1 (marriage notice - Scotland), substitute the form set out in Schedule 4 to these Regulations.

(3) For the form set out in Schedule 2 (declaration where marriage proposed between parties related in a specified degree), substitute the form set out in Schedule 5 to these Regulations.

(4) For the form set out in Schedule 3 (marriage schedule), substitute the form set out in Schedule 6 to these Regulations.

(5) For the form set out in Schedule 4 (certificate of no impediment), substitute the form set out in Schedule 7 to these Regulations.

Amendment of the Registration of Births, Still-births, Deaths and Marriages (Prescription of Forms) (Scotland) Regulations 1997

5.—(1) The Registration of Births, Still-births, Deaths and Marriages (Prescription of Forms) (Scotland) Regulations 1997(9) are amended as follows.

(2) For the form set out in Schedule 17 (marriage register page), substitute the form set out in Schedule 8 to these Regulations.

ROD BURNS

Deputy Registrar General for Scotland

New Register House,

Edinburgh

11th November 2014

Approved by the Scottish Ministers

ALEX NEIL

A member of the Scottish Government

St Andrew’s House,

Edinburgh

11th November 2014

Regulation 2 (3)

SCHEDULE 1 Form CP10

CIVIL PARTNERSHIP NOTICE – SCOTLAND

Regulation 2 (4)

SCHEDULE 2

Regulation 6A

“SCHEDULE 3A

Regulation 6A

SCHEDULE 3B

”

Regulation 3(2)

SCHEDULE 3 Entry of Marriage

Regulation 4 (2)

SCHEDULE 4 FORM M10

MARRIAGE NOTICE – SCOTLAND

Regulation 4 (3)

SCHEDULE 5

Regulation 4 (4)

SCHEDULE 6

Regulation 4 (5)

SCHEDULE 7

Regulation 5 (2)

SCHEDULE 8

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Registration of Civil Partnerships (Prescription of Forms, Publicisation and Errors) (Scotland) Regulations 2005 (“the 2005 Regulations”), the Book of Scottish Connections Regulations 2008 (“the 2008 Regulations”), the Marriage (Prescription of Forms) (Scotland) Regulations 1997 (“the Marriage Regulations”) and the Registration of Births, Still-births, Deaths and Marriages (Prescription of Forms) (Scotland) Regulations 1997 (“the 1997 Regulations”) in consequence of the Marriage and Civil Partnership (Scotland) Act 2014.

The Regulations amend the 2005 Regulations by prescribing the forms of notices to be used by a district registrar to require delivery of a civil partnership schedule under section 95ZA of the 2004 Act where, following the registration of a religious or belief civil partnership, the schedule has not been delivered by either of the parties to that civil partnership within the time period specified in that section. The Regulations also substitute an amended version of Form CP10 (civil partnership notice).

The Regulations amend the 2008 Regulations by substituting an amended version of the form of the Entry of Marriage.

The Regulations amend the Marriage Regulations by substituting amended versions of the following forms: Form M10 (marriage notice); Form DSR (declaration where marriage proposed between parties related in a specified degree); Marriage Schedule; and Form M1 (certificate of no impediment).

The Regulations amend the 1997 Regulations by substituting an amended version of the Marriage Register Page.

(1)

2004 c.33; section 88(5) was amended by the Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), Part 2, section 52(2); section 95ZA was inserted by the Marriage and Civil Partnership (Scotland) Act 2014 (asp 5), section 24(15). The Civil Partnership Act 2004, section 126(1) contains a definition of “prescribed”, and section 135 contains a definition of “Registrar General” relevant to the exercise of the statutory powers under which these Regulations are made.

(2)

2006 asp 14; section 60(1) contains a definition of “prescribed” relevant to the exercise of the powers under which these Regulations are made.

(3)

1977 c.15; section 3(1) was relevantly amended by the Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), Part 2, section 50(2)(a), the Civil Partnership Act 2004 (c.33), Schedule 28(4), paragraph 43(a), and the Marriage (Prohibited Degrees of Relationship) Act 1986 (c.16), section 2, Schedule 2, paragraph 3; section 6(1) was relevantly amended by the Marriage (Prohibited Degrees of Relationship) Act 1986 (c.16), sections 2, 6(6) and Schedule 2, paragraph 5; section 7(2) was relevantly amended by the Marriage and Civil Partnership (Scotland) Act 2014 (asp 5), section 18(3); the Marriage (Scotland) Act 1977 (c.15), Section 26(2) contains a definition of “prescribed” relevant to the exercise of the powers under which these Regulations are made.

(4)

1965 c.49; section 32(1) was amended by paragraph 8 of Schedule 2 to the Marriage (Scotland) Act 1977 (c.15). Section 56(1) contains a definition of “prescribed” relevant to the exercise of the power under which these Regulations are made, and section 1 contains a definition of “Registrar General” relevant to the exercise of the statutory powers under which these Regulations are made.

(5)

The powers to make this Order are exercised together by virtue of section 33(2) of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10). The Order is subject to the negative procedure by virtue of section 33(4) of that Act.

(6)

S.S.I. 2005/458; relevant amending instrument is S.S.I. 2009/314.

(7)

S.S.I. 2008/386; relevant amending instrument is S.S.I. 2009/314.

(8)

S.I. 1997/2349; relevant amending instruments are S.S.I. 2005/596 and S.S.I. 2009/315.

(9)

S.I. 1997/2348; relevant amending instruments are S.S.I. 2005/595 and S.S.I. 2009/315.