3. Section 212 of the Act shall apply for the purpose of determining whether a relationship entered into before 5th December 2005 is an overseas relationship as though for the words in subsection (1)(b) from “and” to the end of the subsection there were substituted–
“(ii)neither of whom is lawfully married or a party to a recognised overseas relationship registered under the relevant law before the relationship concerned was entered into; and
(iii)neither of whom is on 5th December a party to a marriage which on the date of its celebration was valid according to the law of Scotland (including its rules of private international law).”.