§ 5 Clause 3, page 3, line 1, leave out from 'that' to end of line 3 and insert 'he is not known to be subject to any legal incapacity (in terms of the law of that state) which would prevent his marrying'.
§ Lord KIRKHILLMy Lords, I beg to move that this House doth agree with the Commons in their Amendment No. 5. This Amendment deals with the terms of the certificates to be required from a person who is not domiciled in the United Kingdom but who gives notice of intended marriage in Scotland. Most of the certificates used by the countries in which they are available are to the effect that no impediment to the marriage has been shown to exist: they do not go so far as to certify with absolute assurance that the person concerned is free to marry, though this was the implication of the 391 subsection as it left your Lordships' House. The effect of the Amendment, therefore, is to alter the nature of the required certificate to accord more closely with the form of certificate in use. This Amendment is linked with later Amendments in Clause 7. I beg to move that this House doth agree with the Commons in their Amendment.
§ Moved, That this House doth agree with the Commons in the said Amendment. —(Lord Kirkhill.)
Lord CAMPBELL of CROYMy Lords, as I understand it, this Amendment deals with the case of foreigners and it ensures that the certificates in their case must state that it is known that the person concerned is not subject to a legal incapacity to marry. This seems to make the Bill clearer and I would commend it to the House.
§ On Question, Motion agreed to.