The Qualifying Civil Partnership Modification (Scotland) Order 2015

CitationSSI 2015/371
JurisdictionScotland

2015No. 371

MARRIAGE

CIVIL PARTNERSHIP

The Qualifying Civil Partnership Modification (Scotland) Order 2015

30thOctober2015

31stOctober2015

The Scottish Ministers make the following Order in exercise of the powers conferred by sections 9(1) and (2) and 11(5) and (6) of the Marriage and Civil Partnership (Scotland) Act 2014( 1) and all other powers enabling them to do so.

In accordance with section 9(3) of that Act they have consulted the Registrar General of Births, Deaths and Marriages for Scotland and such other persons as they considered appropriate on a copy of the proposed draft Order.

In accordance with section 9(2)(d) of that Act, a draft of this Order has been laid before, and approved by resolution of, the Scottish Parliament.

Citation and commencement

1. This Order may be cited as the Qualifying Civil Partnership Modification (Scotland) Order 2015 and comes into force on the day after the day on which it is made.

Interpretation

2. In this Order-

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

Meaning of qualifying civil partnership

3.-(1) Section 5 (objections to marriage) of the 1977 Act( 2) is modified as follows.

(2) For subsection (6) substitute-

"(6) For the purposes of subsection (4)(b) a "qualifying civil partnership" is-(a) a civil partnership which-(i) was registered in-

(A) Scotland, or

(B) England and Wales or Northern Ireland; and

(ii) has not been dissolved, annulled or ended by death; or(b) a civil partnership which is treated under Chapter 2 of Part 5 of the Civil Partnership Act 2004( 3) as having formed by virtue of an overseas relationship being registered and has not been dissolved, annulled or ended by death.".

(3) In subsection 5(7), for "subsection (6)(a)" substitute "subsection (6)(a)(i)(A)".

(4) After subsection (7) insert-

"(8) A civil partnership which was registered outside the United Kingdom under an Order in Council made under Chapter 1 of Part 5 of the Civil Partnership Act 2004 is to be treated for the purposes of subsection (6)(a)(i)(B) as having been registered in England and Wales or, as the case may be, Northern Ireland if-(a) the parties to the civil partnership elected England and Wales or, as the case may be, Northern Ireland as the relevant part of the United Kingdom under the Order; and(b) details of the civil partnership have been sent to the Registrar General for England and Wales or, as the case may be, the Registrar...

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