Provision for marriage of armed forces personnelU.K.
8(1)Her Majesty may by Order in Council make provision for—U.K.
(a)a man and a woman to marry each other in any country or territory outside the United Kingdom, and
(b)for a same sex couple to marry in prescribed countries or territories outside the United Kingdom,
in the presence of an authorised person, in cases where the authorised person is satisfied that the conditions in sub-paragraph (2) are met.
(2)The conditions are that—
(a)at least one of the people proposing to marry is—
(i)a member of Her Majesty's forces serving in the country or territory in which it is proposed that they marry,
(ii)a relevant civilian who is employed in that country or territory, or
(iii)a child of a person falling within sub-paragraph (i) or (ii) whose home is with that person in that country or territory, and
(b)the people proposing to marry would have been eligible to marry each other in such part of the United Kingdom as is determined in accordance with the Order.
(3)In a case where one person (“P”) treats, or has treated, another person (“C”), as a child of the family in relation to—
(a)a marriage to which P is or was a party, or
(b)a civil partnership to which P is or was a party,
C is to be regarded for the purposes of sub-paragraph (2)(a)(iii) as the child of P.
[F1(4)For the purposes of sub-paragraph (2)(b), two people who are in a qualifying civil partnership with each other are to be treated as not having been eligible to marry each other in Scotland.
(5)In sub-paragraph (4) “qualifying civil partnership” has the meaning given by section 5(6) of the Marriage (Scotland) Act 1977.]
Textual Amendments
F1Sch. 6 para. 8(4)(5) inserted (27.1.2022) by The Civil Partnership (Scotland) Act 2020 and Marriage and Civil Partnership (Scotland) Act 2014 (Consequential Modifications) Order 2022 (S.I. 2022/74), art. 1, Sch. 1 para. 4(3)
Commencement Information
I1Sch. 6 para. 8 in force at 21.1.2014 for specified purposes by S.I. 2014/93, art. 2(b)(iii)
I2Sch. 6 para. 8 in force at 3.6.2014 in so far as not already in force by S.I. 2014/93, art. 5(c)