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SCOTTISH STATUTORY INSTRUMENTS


2006 No. 573

MARRIAGE

The Marriage (Approval of Places) (Scotland) Amendment Regulations 2006

  Made 29th November 2006 
  Laid before the Scottish Parliament 30th November 2006 
  Coming into force 1st January 2007 

The Scottish Ministers, in exercise of the powers conferred by sections 18A(1) and (2) of the Marriage (Scotland) Act 1977[1] and of all other powers enabling them in that behalf, make the following Regulations:

Citation and commencement
     1. These Regulations may be cited as the Marriage (Approval of Places) (Scotland) Amendment Regulations 2006 and shall come into force on 1st January 2007.

Amendment of the Marriage (Approval of Places) (Scotland) Regulations 2002
    
2. —(1) The Marriage (Approval of Places) (Scotland) Regulations 2002[2] are amended as follows.

    (2) In regulation 1(2) (interpretation)–

    (3) In regulations 2(2) (applicants), 5(2)(a) (notification of applications) and 10 (restriction on successive applications), after "place", insert "or vessel in Scottish waters".

    (4) In regulation 3 (period approvals)–

    (5) In regulation 4 (temporary approvals)–

    (6) In regulation 7 (determination of applications)–

    (7) In regulation 8(b) (conditions attached to approvals), after "at the place", insert "or in or on the vessel in Scottish waters".

    (8) At the end of regulation 9(3) (notification of decisions), add "or, in the case of an approved vessel, to the proposed authorised registrar of the authority".

    (9) In regulation 14 (fees for attendance of registrars), after "at approved places", insert "or in or on approved vessels".

    (10) In regulation 15 (revocation and suspension of approvals)–

    (11) In regulation 17(1) (deemed approval holder), after "the approved place", insert "or the approved vessel".

    (12) In regulation 18 (registers of approved places)–

    (13) After regulation 18, insert–

    (14) In the Schedule (standard conditions to be attached to period approvals)–


GEORGE LYON
Authorised to sign by the Scottish Ministers

St Andrew's House, Edinburgh
29th November 2006



EXPLANATORY NOTE

(This note is not part of the Regulations)


These Regulations amend the Marriage (Approval of Places) (Scotland) Regulations 2002 ("the principal Regulations") to provide new arrangements for the approval of vessels on board which civil marriages may be solemnised, in particular in Scottish waters. The changes are a consequence of section 48 of the Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14) ("the 2006 Act").

The principal Regulations are amended to add definitions in relation to the approval of vessels on which civil marriages may be solemnised in Scottish waters and to reflect definitions of "Scottish waters", the seaward boundary of registration districts, "approved vessel" and "vessel" added to the Marriage (Scotland) Act 1977 ("the 1977 Act") by the 2006 Act. Under the amendments made by the 2006 Act, marriage in Scottish waters need no longer take place within a registration district. The local authority which may approve a vessel for these purposes is the local authority of the proposed authorised registrar who will solemnise the proposed marriage.

The Regulations make clear how the principal Regulations apply in relation to the approval of vessels for marriage in Scottish waters. They also require, for such vessels, details of proposed embarkation and disembarkation points for the registrar who is to solemnise the marriage (regulation 2(4)(a) and (5)(a)). In addition, where a vessel approved for the purposes of marriage within Scottish waters ties up or is positioned so as to fall within a registration district in terms of the definition in section 26(2A) of the 1977 Act then, provided the same local authority would be responsible for approving a vessel so positioned, the existing approval is sufficient (regulation 2(13)).

A Regulatory Impact Assessment has not been produced for this instrument as it has no impact on the cost of business.


Notes:

[1] 1977 c.15 ("the 1977 Act"); section 18A was inserted by section 1(3) of the Marriage (Scotland) Act 2002 (asp 8) and amended by section 48 of the Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14) ("the 2006 Act").back

[2] S.S.I. 2002/260, amended by S.S.I. 2005/657.back

[3] See section 18(7) of the 1977 Act, inserted by the 2006 Act, section 48(6)(b).back

[4] Section 18(8) of the 1977 Act was inserted by section 48(6)(b) of the 2006 Act. "Scottish waters" is defined in section 26(2) of the 1977 Act, as amended by the 2006 Act, section 48(9)(b)(ii).back

[5] Defined by section 26(2A) of the 1977 Act, as inserted by section 48(9)(c) of the 2006 Act.back

[6] Defined by section 26(2A) of the 1977 Act, as inserted by section 48(9)(c) of the 2006 Act.back



ISBN 0 11 071283 8


 © Crown copyright 2006

Prepared 6 December 2006


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