Your World of Legal Intelligence
 United Kingdom | +44 (0) 20 7284 8080

The Marriage and Civil Partnership (Scotland) Act 2014 (Commencement No. 3, Saving, Transitional Provision and Revocation) Order 2014

As Enacted Cited authorities 53 Cited in Related
Vincent

2014No. 287 (C. 28)

CIVIL PARTNERSHIP

MARRIAGE

The Marriage and Civil Partnership (Scotland) Act 2014 (Commencement No. 3, Saving, Transitional Provision and Revocation) Order 2014

29thOctober2014

31stOctober2014

16thDecember2014

The Scottish Ministers make the following Order in exercise of the powers conferred on them by sections 35 and 36(2) and (3) of the Marriage and Civil Partnership (Scotland) Act 2014( 1) and all other powers enabling them to do so.

Citation and commencement

1. This Order may be cited as the Marriage and Civil Partnership (Scotland) Act 2014 (Commencement No. 3, Saving, Transitional Provision and Revocation) Order 2014 and comes into force on 16th December 2014.

Interpretation

2. In this Order-

"the 1977 Act" means the Marriage (Scotland) Act 1977( 2);

"the 2004 Act" means the Civil Partnership Act 2004( 3);

"the 2014 Act" means the Marriage and Civil Partnership (Scotland) Act 2014.

Appointed day

3. (1) Subject to articles 4 and 5, the appointed day is 16th December 2014 for the provisions of the 2014 Act specified in column 1 of the Schedule to this Order (the subject matter of which is described in column 2 of the Schedule).

(2) Where a purpose is specified in column 3 of the Schedule in relation to any provision, the provision comes into force on 16th December 2014 for that purpose only.

Transitional and savings provisions - solemnisation of marriages

4. (1) Regulations made under section 8(1)(a)(ii) of the 1977 Act prior to its amendment by section 12 of the 2014 Act( 4) continue to have effect for all purposes in relation to the entitlement of a person to solemnise marriages where a notice of intention to marry has been submitted to a district registrar under section 3(1) of the 1977 Act before 16th December 2014.

(2) Subject to paragraph (3)-

(a) a person registered under section 9 of the 1977 Act prior to its amendment by section 13 of the 2014 Act is to be treated as registered under section 9 to solemnise marriages between persons of different sexes;(b) a person granted a temporary written authorisation under section 12 of the 1977 Act prior to its amendment by section 14 of the 2014 Act is to be treated as having been granted an authorisation under section 12 of the 1977 Act to solemnise marriages between persons of different sexes.

(3) The registration or temporary written authorisation of a person mentioned in paragraph (2) ceases to have effect on 16th December 2014 if that person is a minister, clergyman, pastor, or priest or other celebrant of a religious or belief body prescribed by virtue of regulations made under section 8(1)(a)(ii) of the 1977 Act.

Transitional and savings provisions - overseas marriages

5. (1) Subject to paragraph (2) the coming into force of section 26 of the 2014 Act does not affect court proceedings in Scotland concerning an overseas marriage, where those proceedings were issued under any provision of the 2004 Act or the Family Law (Scotland) Act 1985( 5) before 16th December 2014.

(2) Where those proceedings were issued under sections 103(1) or 104(1) of the 2004 Act, the proceedings are to be treated as issued under section 3(1) or 4(1) of the Matrimonial Homes (Family Protection) (Scotland) Act 1981( 6).

(3) If a decree of aliment under section 3 of the Family Law (Scotland) Act 1985 requiring one of the civil partners to make payments to the other is in force on 16th December 2014 in relation to an overseas marriage, the decree continues to have effect despite the marriage no longer being treated as a civil partnership by virtue of Part 5 of the 2004 Act.

(4) If an order under section 103(3) or 104 of the 2004 Act is in force on 16th December 2014 in relation to an overseas marriage the order has effect as if made under section 3 or 4, of the Matrimonial Homes (Family Protection) (Scotland) Act 1981.

(5) In this article, an "overseas marriage" means a marriage under the law of any country or territory outside the United Kingdom which is treated as a civil partnership by virtue of Part 5 of the 2004 Act.

Revocations

6. The following Regulations are revoked-

(a) the Marriage (Approval of Places) (Scotland) Regulations 2002( 7);(b) the Marriage (Approval of Places) (Scotland) Amendment Regulations 2005( 8); and(c) the Marriage (Approval of Places) (Scotland) Amendment Regulations 2006( 9).

ALEX NEIL

A member of the Scottish Government

St Andrew's House,

Edinburgh

29th October 2014

SCHEDULE

Article 3

Column 1

Column 2

Column 3

Provision

Subject matter

Purpose

Section 1

Marriage of related persons

Section 2

Objections to marriage

Section 3

Preliminaries to marriage

Section 4(1) to (7) and (11) to (15)

Meaning of marriage and related expressions in enactments and documents

Section 5

Same sex marriage: further provision

Section 6

Jurisdiction in proceedings relating to same sex marriages

For all remaining purposes.

Section 8

Marriage between civil partners in qualifying civil partnerships

Section 11(1) to (4) and (7) to (9)

Effect of marriage between civil partners in a qualifying civil partnership

For all remaining purposes.

Section 12(1)

Persons who may solemnise marriage, and qualifying requirements

For bringing into force the other provisions of section 12 of the 2014 Act referred to in column 1, for the purposes specified in column 3.

Section 12(2)(a)

Persons who may solemnise marriage, and qualifying requirements

For all remaining purposes.

Section 12(2)(b)

Persons who may solemnise marriage

For the purpose of inserting and bringing into force for all remaining purposes section 8(1A)(a), (1B), (1C)(a), and (1D) of the 1977 Act.

Section 12(2)(c), (3) and (4)

Persons who may solemnise marriage

Section 13(1)

Registration of nominated persons as celebrants

For bringing into force the other provisions of section 13 of the 2014 Act referred to in column 1.

Section 13(2)(a) to (c) and (f) to (l), and (3) to (5)

Registration of nominated persons as celebrants

Section 14(1)

Temporary authorisation of celebrants

For bringing into force the other provisions of section 14 of the 2014 Act referred to in column 1, for the purposes specified in column 3.

Section 14(2)(a)

Temporary authorisation of celebrants

Section 14(2)(b)

Temporary authorisation of celebrants

For the purpose of inserting and bringing into force section 12(1B) and (1C) of the 1977 Act.

Section 14(3)

Temporary authorisation of celebrants, offences

Section 15

Religious or belief marriage: further provision

Section 16

Same sex marriage: protection of freedom of expression

etc.

Section 24(1)

Registration of civil partnership

For bringing into force the other provisions of section 24 of the 2014 Act referred to in column 1.

Section 24(2) to (7)(a), (7)(c) to (8)(b)(i), (8)(b)(iii) to (12)(a), (12)(b)(ii) and (12)(c), (14), (16) and (17) and (18)(b) to (22)

Registration of civil partnership

Section 24(13)

Registration of civil partnership

For the purpose of inserting and bringing into force for all remaining purposes sections 94A(1), (2)(a), (3) and (4), 94B(1), (2)(a) to (c), and (4) to (11), 94C, 94D, and 94E(1), (3) and (5) of the 2004 Act.

Section 24(15)

Registration of civil partnership

For all remaining purposes.

Section 26

Recognition of overseas relationships

Section 29

Change of gender of married persons or civil partners

For all remaining purposes.

Section 31

Grounds of divorce: interim gender recognition certificate followed by full certificate

Schedule 1

Jurisdiction in relation to same sex marriages

For all remaining purposes.

Schedule 2

Change of gender of married persons or civil partners

For all remaining purposes.

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into force all of the remaining provisions of the Marriage and Civil Partnership (Scotland) Act 2014 ("the 2014 Act") on 16th December 2014: except for the provisions relating to religious and belief bodies satisfying qualifying requirements that may be set out in regulations made by the Scottish Ministers and the increase from 14 days to 28 days of the periods for issuing the Marriage Schedule, issuing a certificate that a person is not subject to legal capacity and solemnising a marriage after receipt of a marriage notice and their equivalent civil partnership provisions.

Article 4 makes saving provision about notices of intention to marry submitted to a district registrar under section 3(1) of the Marriage (Scotland) Act 1977 ("the 1977 Act") before 16th December 2014 so that any such marriage can be solemnised by a body that was prescribed under the regulations in force...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT