The Marriage Between Civil Partners (Procedure for Change and Fees) (Scotland) Regulations 2014
| Jurisdiction | Scotland |
| Citation | SSI 2014/361 |
2014No. 361
MARRIAGE
CIVIL PARTNERSHIP
The Marriage Between Civil Partners (Procedure for Change and Fees) (Scotland) Regulations 2014
15thDecember2014
16thDecember2014
The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 10 of the Marriage and Civil Partnership (Scotland) Act 2014( 1) and all other powers enabling them to do so.
In accordance with section 10(4) of that Act they have consulted with the Registrar General of Births, Deaths and Marriages for Scotland.
In accordance with section 10(6) of that Act, a draft of these Regulations has been laid before, and approved by resolution of, the Scottish Parliament.
Citation and commencement
1. These Regulations may be cited as the Marriage Between Civil Partners (Procedure for Change and Fees) (Scotland) Regulations 2014 and come into force on the day after the day on which they are made .
Interpretation
2. In these Regulations-
"the 1965 Act" means the Registration of Births, Deaths and Marriages (Scotland) Act 1965( 2);
"application form" means the form set out in the Schedule to these Regulations;
"district registrar" has the meaning given in section 7(12) of the 1965 Act;
"marriage register" means the register of marriages provided by the Registrar General of Births, Deaths and Marriages for Scotland under section 32(1) of the 1965 Act( 3);
"registration district" has the meaning given in section 5 of the 1965 Act( 4).
Procedure to change a civil partnership into marriage
3. (1) Where the parties to a qualifying civil partnership wish to change their civil partnership into a marriage, the parties must-
(a) make an application by completing sections 1 to 12 of the form set out in the Schedule to these Regulations (the "application form"); and(b) appear before a district registrar in any registration district with the fee payable.(2) The parties must provide the following information and evidence in support of the application-
(a) an extract from the entry in the civil partnership register relating to their civil partnership; and(b) any evidence of their identity requested by the district registrar.(3) Where an application is made under paragraph (1), the district registrar must, where satisfied with the information and evidence under paragraph (2)-
(a) in the presence of the parties to the qualifying civil partnership-(i) witness the signing of section 13 of the application form by each party;(ii) sign section 14 of the application form; and(b) enter the information from sections 1 to 10 of the application form in the marriage register.Date of change into marriage
4. The change from a civil partnership into a marriage takes effect when the district registrar signs section 14 of the application form in accordance with regulation 3(3)(a)(ii).
Fee in respect of making an application
5. Subject to regulation 6, the fee payable in respect of making an application under regulation 3(1) is £30.00.
Applications for which no fee payable
6. No fee is payable in respect of making an application where-
(a) the civil partnership that is to be changed into a marriage was registered before 16th December 2014; and(b) the application is made before 16th December 2015.Modification of the Marriage (Scotland) Act 1977
7. (1) In their application to civil partnerships changed into marriages in accordance with these Regulations, the following provisions of the Marriage (Scotland) Act 1977( 5) have effect subject to the following modifications.
(2) For section 5 (objections to marriage) there was substituted-
"(1) Any person may at any time before a civil partnership is changed into a marriage under section 10 regulations submit an objection in writing to any district registrar on the ground that one or both of the parties is or are incapable of understanding the procedure or of consenting to marriage.(2) For the purposes of subsection (1)-(a) an...To continue reading
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