2023 No. 53

Marriage
Gender Recognition

The Marriage and Marriage Registration (Prescription of Forms) (Scotland) Amendment Regulations 2023

Made

Laid before the Scottish Parliament

Coming into force

The Registrar General makes the following Regulations in exercise of the powers conferred by section 3(1) of the Marriage (Scotland) Act 19771, paragraph 20A(1) of schedule 3 of the Gender Recognition Act 20042, and all other powers enabling her to do so3.

In accordance with section 25(1) of the Marriage (Scotland) Act 1977 and paragraph 20A(1) of schedule 3 of the Gender Recognition Act 2004, the Scottish Ministers have approved the making of these Regulations4.

Citation and commencement1

These Regulations may be cited as the Marriage and Marriage Registration (Prescription of Forms) (Scotland) Amendment Regulations 2023 and come into force on 24 April 2023.

Amendment of the Marriage (Prescription of Forms) (Scotland) Regulations 19972

1

The Marriage (Prescription of Forms) (Scotland) Regulations 19975 are amended as follows.

2

For the form set out in schedule 1 (marriage notice – Scotland)6 substitute the form set out in schedule 1 of these Regulations.

Amendment of the Gender Recognition (Marriage and Civil Partnership Registration) (Scotland) Regulations 20163

1

The Gender Recognition (Marriage and Civil Partnership Registration) (Scotland) Regulations 20167 are amended as follows.

2

For the form set out in schedule 1 (application form to register a marriage following issue of full gender recognition certificate) substitute the form set out in schedule 2 of these Regulations.

ANNE SLATERDeputy Registrar GeneralNew Register House,Edinburgh

Approved by the Scottish Ministers

ANGUS ROBERTSONA member of the Scottish GovernmentSt Andrew’s House,Edinburgh

SCHEDULE 1

Regulation 2(2)

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SCHEDULE 2

Regulation 3(2)

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EXPLANATORY NOTE

(This note is not part of the Regulations)

Regulation 2 of these Regulations amends the Marriage (Prescription of Forms) (Scotland) Regulations 1997 to replace the form by which a person gives notice to the district registrar of their intention to marry. Regulation 3 amends the Gender Recognition (Marriage and Civil Partnership Registration) (Scotland) Regulations 2016 to replace the form by which the parties to a marriage can apply to have the marriage re-registered after either party, or each party, has been issued with a full gender recognition certificate.

The new forms differ from the previous forms only by an addition to the options available to each party to the marriage as to how they wish to be described in the marriage register and, where applicable, the marriage schedule. In addition to the options of being described as ‘bride’ or ‘bridegroom’ or not being assigned any designation the new forms give each party the option of being described as ‘groom’.