Commentary Part 1 – Marriage Overview Section 17: Power of district registrar to require evidence of nationality: marriage
98.This section makes amendments to sections 3 and 7 of the 1977 Act.
99.Section 3 of the 1977 Act makes provision about the documents which people wishing to enter into an opposite sex or same sex marriage have to supply to the district registrar.
100.Subsection (2) adds new subsections to section 3 of the 1977 Act so that a district registrar may require “specified nationality evidence” in relation to the intended parties to a marriage. Guidance can be issued by the Registrar General about what evidence is required.
101.Subsection (3) amends section 7 of the 1977 Act. This amendment means that where a person wants to marry outwith Scotland and seeks a certificate about legal capacity from the district registrar, that person may be required to provide evidence of nationality.