(1)Where two persons have gone through a marriage ceremony with each other outside the United Kingdom, whether before or after the commencement of this Act, but they are not, or are unable to prove that they are, validly married to each other in Scots law, an authorised registrar, on an application made to him by those persons, may, subject to the approval of the Registrar General and to subsection (2) below, solemnise their marriage as if they had not already gone through a marriage ceremony with each other.
(2)Sections 3 to 6 and 18 and 19 of this Act shall apply for the purpose of solemnising a marriage under this section except that—
(a)there shall be submitted to the authorised registrar a statutory declaration by both parties—
(i)stating that they have previously gone through a marriage ceremony with each other; and
(ii)specifying the date and place at which, and the circumstances in which, they went through that ceremony;
(b)section 5(4)(b) of this Act shall not apply in respect of the parties already being married to each other;
(c)the Marriage Schedule shall contain such modifications as the Registrar General may direct to indicate that the parties have previously gone through a marriage ceremony with each other; and
(d)after the Marriage Schedule has been signed in accordance with section 19(3) of this Act, the authorised registrar shall make an endorsement on it in the following terms—
“The ceremony of marriage between the parties mentioned in this Schedule was performed in pursuance of section 20 of the Marriage (Scotland) Act 1977, following a statutory declaration by them that they had gone through a ceremony of marriage with each other on the day of F1... , at
Dated the day of F1... ,
(Signature of authorised registrar)”.
Textual Amendments
F1Word in s. 20(2)(d) repealed (21.5.2014) by Marriage and Civil Partnership (Scotland) Act 2014 (asp 5), ss. 22, 36; S.S.I. 2014/121, art. 2(d)