http://www.legislation.gov.uk/ukpga/2004/19/section/21/2015-03-01Asylum and Immigration (Treatment of Claimants, etc.) Act 2004An Act to make provision about asylum and immigration.texttext/xmlenStatute Law Database2024-05-17Expert Participation2015-03-01 <Emphasis>Procedure for marriage</Emphasis>Scotland211This section applies to a marriage which is intended to be solemnised in Scotland unless each party to the marriage falls within exception A or exception B.1AA party to the marriage falls within exception A if the person is a relevant national.1BA party to the marriage falls within exception B if—athe person is exempt from immigration control, andbthe notice of intention to marry submitted under section 3 of the Marriage (Scotland) Act 1977 is accompanied by the specified evidence required by section 3B(1) of that Act that the person is exempt from immigration control.2In relation to a marriage to which this section applies, notice under section 3 of the Marriage (Scotland) Act 1977 (c. 15)—amay be submitted to the district registrar of a registration district prescribed for the purposes of this section, andbmay not be submitted to the district registrar of any other registration district.3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4Where the district registrar to whom notice is submitted by virtue of subsection (2) (here the “notified registrar”) is not the district registrar for the registration district in which the marriage is to be solemnised (here the “second registrar”)—athe notified registrar shall... send the notices and any fee, certificate or declaration which accompanied themsubmitted in pursuance of section 3 of the Marriage (Scotland) Act 1977 (c. 15) in relation to the marriage , to the second registrar, andbthe second registrar shall be treated as having received the notices from the parties to the marriage on the dates on which the notified registrar received them.5In this section—a“relevant national” has the same meaning as in section 62 of the Immigration Act 2014,ba reference to a person being exempt from immigration control is to be construed in accordance with section 49 of that Act.S. 21(2)(3) in force at 1.12.2004 for specified purposes by S.I. 2004/2999, art. 2, Sch.S. 21(5) in force at 1.12.2004 for specified purposes by S.I. 2004/2999, art. 2, Sch.S. 21(1)(4) in force at 1.2.2005 by S.I. 2004/3398, art. 3S. 21(2)(3)(5) in force at 1.2.2005 in so far as not already in force by S.I. 2004/3398, art. 3Words in s. 21(4)(a) substituted (S.) (1.1.2007) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 59(4), 63(2); S.S.I. 2006/469, art. 3, Sch. 2 (with art. 4)S. 21(3) repealed (9.5.2011) by The Asylum and Immigration (Treatment of Claimants, etc) Act 2004 (Remedial) Order 2011 (S.I. 2011/1158), arts. 1(1), 2(1)(d)Words in s. 21(4)(a) repealed (9.5.2011) by The Asylum and Immigration (Treatment of Claimants, etc) Act 2004 (Remedial) Order 2011 (S.I. 2011/1158), arts. 1(1), 2(1)(e)S. 21(1)-(1B) substituted for s. 21(1) (1.3.2015) by The Referral and Investigation of Proposed Marriages and Civil Partnerships (Scotland) Order 2015 (S.I. 2015/396), art. 1(2), Sch. 2 para. 2S. 21(5) substituted (1.3.2015) by The Referral and Investigation of Proposed Marriages and Civil Partnerships (Scotland) Order 2015 (S.I. 2015/396), art. 1(2), Sch. 2 para. 3