HL Deb 26 April 1977 vol 382 cc396-7

20 Clause 7, page 6, line 23, leave out 'to the effect that under the law of Scotland he is free' and insert 'in respect of his legal capacity'

21 Clause 7, page 6, line 35, leave out', under the law of Scotland, free to marry ' and insert ' not subject to any legal incapacity (in terms of Scots law) which would ' prevent his marrying,'

22 line 37, leave out `so free' and insert not known to be subject to any such incapacity'.

Lord KIRKHILL

My Lords, with the leave of the House, I beg to move that this House doth agree with the Commons in their Amendments Nos. 20 to 22 en bloc. These Amendments have a similar effect to Amendment No. 5, to which I have already spoken. A registrar is seldom able to certify with absolute assurance that a person is free to marry. The most that he can normally do is to make a judgment, on the basis of the facts before him, that the person is not subject I to any legal impediment, and issue a certificate that no legal incapacity has been shown to him to exist. A similar certificate is issuable at present under the Marriage with Foreigners Act 1906, which the Bill repeals.

Moved, That this House doth agree with the Commons in the said Amendments. —(Lord Kirkhill.)

On Question, Motion agreed to.