Civil Partnership (Scotland) Act 2020
| Jurisdiction | Scotland |
(1) The Civil Partnership Act 2004 is amended as follows.(2) In section 1 (civil partnership) , in subsection (1) the words “of the same sex” are repealed.(1) The Civil Partnership Act 2004 is amended as follows.(2) In section 212 (meaning of “overseas relationship”) , subsection (1) (b) (i) is repealed.in subsection (1) , for “by Schedule 20” substitute—“ Part 1 of ” ,in subsection (3) , after “this section” insert “ amending Part 1 of Schedule 20 ” ,in subsection (5) , after “amending” insert “ Part 1 of ” ,in subsection (6) , after “this section” insert “ amending Part 1 of Schedule 20 ” ,after subsection (6) insert—“ subsections (3) and (3A) ” ,after subsection (3) insert—“ section 213(1) (a) ” ,after that Part insert as Part 2 the text in schedule 1 of this Act.in England or Wales under Part 2 of the 2004 Act,in Northern Ireland under Part 4 of the 2004 Act,which is formed when they register as civil partners of each other outside the United Kingdom under an Order in Council made under section 210 or 211 of the 2004 Act, orwhich they are treated under Chapter 2 of Part 5 of the 2004 Act as having formed (at the time determined under that Chapter) by virtue of having registered an overseas relationship.mentioned in subsection (1) (a) or (c) are to be treated as being in a marriage formed under the law of the country or territory in which the civil partnership or (as the case may be) overseas relationship is registered,mentioned in subsection (1) (b) are to be treated as having formed a marriage in the part of the United Kingdom in which the civil partnership is, by virtue of section 210(5) or (as the case may be) 211(4) of the 2004 Act, to be treated as having been registered.presenting themselves as civil partners of each other,presenting their relationship as a civil partnership.(4) Subsections (2) and (3) cease to have effect when section 6 comes into force (which is when it will become possible to register a civil partnership between persons of different sexes in Scotland) .provide for subsection (2) not to apply for purposes specified in the regulations,make transitional or saving provision in connection with subsection (2) ceasing to have effect.(6) Regulations under subsection (5) are subject to the negative procedure.(7) In this section, “the 2004 Act” means the Civil Partnership Act 2004.to register as civil partners of each other,to change their marriage into a civil partnership.about the marriages to which the regulations apply,about the ways in which marriages may be changed into civil partnerships under the regulations,to registering civil partnerships and changing marriages into civil partnerships under the regulations, andto civil partnerships formed by registration and civil partnerships formed by marriages changing into
- (a) in the case of a relationship registered by two people who under the relevant law are of the same sex when the relationship is registered, by Part 1 of Schedule 20,
- (b) in the case of a relationship registered by two people who under the relevant law are not of the same sex when the relationship is registered, by Part 2 of Schedule 20
- “(7) The Scottish Ministers may by regulations amend Part 2 of Schedule 20 by—
- (a) adding a relationship,
- (b) amending the description of a relationship,
- (c) omitting a relationship.
- “(3A) In its application to an overseas relationship between persons of different sexes entered into before this subsection comes into force, subsection (2) is subject to—
- (a) any provision to the contrary made by or under any enactment,
- (b) regulations under subsection (3B) .
To continue reading
Request your trial