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The Civil Partnership Act 2004 (Commencement No. 2) (Scotland) Order 2005

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Scottish Statutory Instruments

2005 No. 604 (C.31)

CIVIL PARTNERSHIP

The Civil Partnership Act 2004 (Commencement No. 2) (Scotland) Order 2005

Made

29th November 2005

The Scottish Ministers, in exercise of the powers conferred upon them by sections 258(2) and 263(3) and (10)(c) of the Civil Partnership Act 2004(1), after consulting the Secretary of State in accordance with section 263(3) of that Act, hereby make the following Order:

Citation and interpretation

1.  (1)  This Order may be cited as the Civil Partnership Act 2004 (Commencement No. 2) (Scotland) Order 2005.

(2) In this Order “the Act” means the Civil Partnership Act 2004 and references to sections, Parts and Schedules are references to sections and Parts of, and Schedules to, the Act.

Commencement

2.  Subject to articles 3 and 4, the following provisions of the Act shall come into force on 5th December 2005:–

(a)section 261(2);

(b)Part 3, in so far as that Part is not already in force;

(c)Schedules 10, 11 and 28; and

(d)section 261(4) of, and Schedule 30 to, the Act in so far as those provisions relate to Acts of the Scottish Parliament.

3.  Paragraph 3 of Schedule 10 shall not be commenced by this Order.

4.  Paragraphs 42 and 60(3) of Schedule 28 shall not be commenced by this Order.

HUGH HENRY

Authorised to sign by the Scottish Ministers

St Andrew’s House, Edinburgh

29th November 2005

Explanatory Note

(This note is not part of the Order)

This Order brings into force on 5th December 2005 the provisions of the Civil Partnership Act 2004 for Scotland in so far as they are not already in force, except those specified in articles 3 and 4. A full Regulatory Impact Assessment has not been produced for this Instrument. A Regulatory Impact Assessment identifying the impact on business and the exchequer of provisions in the Act was published at the time the Act received Royal Assent in November 2004. It is available from http://www.dti.gov.uk/access/via.index.htm.

Sections 213(2) to (6), 247(2) to (7), 248(2) to (5), 254(2) to (6), 255, 258 to 260 and 262 to 264 of Act came into force on Royal Assent.

Note as to Earlier Commencement Orders

(This note is not part of the Order)

The following provisions of the Act which extend to Scotland have been brought into force by Commencement Order made before the date of this Order. Those provisions brought into force by S.I. 2005/1112 and 2005/3175 were brought into force after consultation with the Scottish Ministers.

ProvisionDate of CommencementS.I. No.
ss.210(1), (2), (4) and (5), 211, 219, 226, 237(2) to (5) and 239 to 244, s. 245 (partially), Sch. 23, paras 2(1) and (3), 9, 10(1) and (3) and 17 (partially), Sch. 26, paras 4, 5, 8 and 17 (partially), Sch. 27, para 12, Sch. 27, paras 21 and 162 (partially), Sch. 27, para 163.15th April 20052005/1112

s.88(1) and (5), s.89(1) (partially),

ss.89(2), 90(4), s.94 (partially),

s.95(3) and (4), s.97(3) (partially),

s.99(2) (partially),

s.122(3)

s.122(4) (partially).

s.126

s.134 (partially).

ss.135 and 136.

14th September 2005S.S.I. 2005/428

ss.1, 210(3)

212, 213(1)

214 to 218

ss.221 and 222

ss.224 and 225

s.227

s.228 in so far as it is not already in force

s.229 and 230

s.232 to 236

s.237(1) and (6)

s.238

s.245 in so far as it is not already in force

s.246 and 247(1)

s.249

s.250

s.251

s.254(1) (partially) 264(1) (partially)

s.256

s.257

Schs. 20 and 21

Sch.. 23

Sch. 24

Sch. 30 (partially).

5th December2005/3175

Other provisions of the Act not relevant to Scotland have been commenced for other parts of the United Kingdom.

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