Marriage and Civil Partnership (Scotland) Act 2014

1 Marriage of related persons

(1) The Marriage (Scotland) Act 1977 (“the 1977 Act”) is amended as follows.

(2) In section 2 (marriage of related persons)—

(a) for subsection (1) substitute—

“(1) Subject to subsection (1A), a marriage between persons who are related to each other in a forbidden degree is void if solemnised—

(a) in Scotland; or

(b) at a time when either party is domiciled in Scotland.

(1ZA) For the purposes of subsection (1), a person is related to another person in a forbidden degree if related to that person in a degree specified in Schedule 1.”,

(b) in subsection (1A), for the words from the beginning to “paragraph,” substitute “A person who is related to another person in a degree specified in paragraph 2 of Schedule 1 (relationships by affinity) is not related to that person in a forbidden degree”,

(c) after subsection (1A) insert—

“(1C) For the purposes of paragraph 2 of Schedule 1, “spouse” means—

(a) in the case of a marriage between persons of different sexes, a wife in relation to her husband or a husband in relation to his wife; and

(b) in the case of a marriage between persons of the same sex, one of the parties to the marriage in relation to the other.”,

(d) in subsection (7)—

(i) for “those provisions” substitute “subsection (1C)(a) as it applies to paragraph 2 of Schedule 1”, and

(ii) the word “former” in each place where it appears is repealed, and

(e) in subsection (7A)—

(i) for “mother” substitute “parent”, and

(ii) the words “in either column” are repealed.

(3) For schedule 1 substitute—

“SCHEDULE 1 DEGREES OF RELATIONSHIP

(introduced by section 2)

1.

Relationships by consanguinity

• Parent

• Child

• Grandparent

• Grandchild

• Sibling

• Aunt or uncle

• Niece or nephew

• Great-grandparent

• Great-grandchild

2.

Relationships by affinity referred to in section 2(1A)

• Child of former spouse

• Child of former civil partner

• Former spouse of parent

• Former civil partner of parent

• Former spouse of grandparent

• Former civil partner of grandparent

• Grandchild of former spouse

• Grandchild of former civil partner

3.

Relationships by adoption

• Adoptive parent or former adoptive parent

• Adopted child or former adopted child.”.