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(1)The 1977 Act is amended as follows.
(2)In section 3 (notice of intention to marry), in subsection (1), after paragraph (ba) (inserted by section 3(2)(a)(ii) of this Act), insert—
“(bb)if the person is in a qualifying civil partnership within the meaning of section 5(6) with the other party to the intended marriage, an extract from the entry in the civil partnership register relating to the civil partnership;”.
(3)In section 5 (objections to marriage)—
(a)in subsection (4)(b), after “partnership” insert “other than a qualifying civil partnership with each other”, and
(b)after subsection (5) insert—
“(6)For the purposes of subsection (4)(b) a “qualifying civil partnership” is a civil partnership which—
(a)was registered in Scotland; and
(b)has not been dissolved, annulled or ended by death.
(7)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) as having been registered in Scotland if—
(a)the parties to the civil partnership elected Scotland 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 of Births, Deaths and Marriages for Scotland.”.
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Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills
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