HC Deb 10 July 1939 vol 349 cc2020-2

"(1) Where—

  1. (a)a marriage is intended to be solemnizedin England between parties of whom one is residing in England; and
  2. (b)by virtue of any enactment to which this Sub-section applies, a certificate issued to the other party otherwise than by a superintendent registrar in England may be treated for the purpose of the marriage as if it had been issued by such a registrar;
the superintendent registrar of the district in which the first-mentioned party is residing shall have power, and shall be deemed always to have had power, to accept notice of the marriage given by that party, subject to and in accordance with the provisions of Section four of the Marriage Act, 1836, as amended by any subsequent enactment, as if both parties were residing in different districts in England, and the provisions of the Marriage Acts, 1811 to 1934, relating to notices of marriage and the issue of certificates for marriage shall apply, and shall be deemed always to have applied, accordingly.

(2)Where—

  1. (a)it is intended that a marriage shall be contracted or celebrated in Scotland between parties of whom one is residing in Scotland; and
  2. (b)by virtue of any enactment to which this Sub-section applies, a certificate issued to the other party otherwise than by a registrar in Scotland, may be treated for the purpose of the marriage as if it had been issued by such a registrar;
the registrar of the district or parish in Scotland in which the first-mentioned party is residing shall have power, and shall be deemed always to have had power, to accept notice of the marriage given by that party, subject to and in accordance with the provisions of Section seven of the Marriage Notice (Scotland) Act, 1878, as if both parties were residing in different parishes or districts in Scotland, and the provisions of that Act relating to notices of intended marriages and the granting of certificates of due publication thereof shall apply, and shall be deemed always to have applied, accordingly.

(3)The enactments to which Sub-section (1)of this Section applies are Section eight of the Marriage and Registration Act, 1856, Section three of the Naval Marriages Act, 1908, and paragraph (a)of Sub-section (1)of Section one of the Marriage of British Subjects (Facilities)Act, 1915, and the enactments to which Subsection (2) of this Section applies are the said Section three and the said paragraph (a) as those enactments apply to Scotland."

Mr. Anstruther-Gray

I beg to move, "That this House doth agree with the Lords in the said Amendment."

Mr. Davidson

When a new Clause is moved or a Sub-section is deleted, cannot we have the words of the new Clause?

Mr. Deputy-Speaker

Unless the hon. Gentleman is raising a question, he cannot oppose.

Mr. Davidson

I am only asking, very courteously.

Remaining Lords Amendment agreed to.