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Marriage and Civil Partnership (Scotland) Act 2014

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This is the original version (as it was originally enacted).

10Change of qualifying civil partnership into marriage

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(1)The Scottish Ministers may by regulations make provision to establish a procedure for the parties to a qualifying civil partnership to change their civil partnership into a marriage.

(2)Regulations under subsection (1) may in particular make provision—

(a)about the making by the parties to a qualifying civil partnership of an application to change their civil partnership into a marriage,

(b)about the information to be provided in support of an application,

(c)about the provision of evidence in support of an application,

(d)for persons who have made an application to appear before any person or appear at any place,

(e)conferring functions on persons in relation to applications,

(f)for fees, of such amounts as are specified in or determined in accordance with the regulations, to be payable in respect of—

(i)the making of an application,

(ii)the exercise of any function conferred by virtue of paragraph (e).

(3)Functions conferred by virtue of subsection (2)(e) may include functions relating to—

(a)the recording of information relating to qualifying civil partnerships changing into marriages,

(b)the issuing of certified copies of any information recorded.

(4)Before making regulations under subsection (1), the Scottish Ministers must consult the Registrar General of Births, Deaths and Marriages for Scotland.

(5)Regulations under subsection (1)—

(a)may make different provision for different purposes,

(b)may include consequential, supplementary, incidental, transitional, transitory or saving provision,

(c)may modify any enactment (including this Act),

(d)are (except where subsection (6) applies) subject to the negative procedure.

(6)Regulations under subsection (1) which add to, replace or omit any part of the text of an Act are subject to the affirmative procedure.

(7)In this section “qualifying civil partnership” has the meaning given by section 5(6) of the 1977 Act (inserted by section 8(3)(b) of this Act).

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