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The Marriage and Civil Partnership (Scotland) Act 2014 (Commencement No. 2 and Saving Provisions) Order 2014

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Scottish Statutory Instruments

2014 No. 212 (C. 18)

Civil Partnership

Gender Recognition

Marriage

The Marriage and Civil Partnership (Scotland) Act 2014 (Commencement No. 2 and Saving Provisions) Order 2014

Made

22nd July 2014

Laid before the Scottish Parliament

24th July 2014

Coming into force

1st September 2014

The Scottish Ministers make the following Order in exercise of the powers conferred on them by section 36(2) and (3) of the Marriage and Civil Partnership (Scotland) Act 2014(1) and all other powers enabling them to do so.

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Marriage and Civil Partnership (Scotland) Act 2014 (Commencement No. 2 and Saving Provisions) Order 2014 and comes into force on 1st September 2014.

(2) In this Order—

“the 1977 Act” means the Marriage (Scotland) Act 1977(2);

“the 2004 Act” means the Civil Partnership Act 2004(3);

“the 2014 Act” means the Marriage and Civil Partnership (Scotland) Act 2014;

“the GRA 2004” means the Gender Recognition Act 2004(4).

Appointed day

2.—(1) Subject to article 3, the appointed day is 1st September 2014 for the provisions of the 2014 Act specified in column 1 of the Schedule (the subject matter of which is described in column 2 of the Schedule).

(2) Where a purpose is specified in column 3 of the Schedule in relation to any provision, the provision comes into force on 1st September 2014 for that purpose only.

Saving

3.—(1) The Marriage (Prescription of Religious Bodies) (Scotland) Regulations 1977(5) continue to have effect despite the coming into force on 1st September 2014, for the purposes specified in the Schedule, of section 12(2) of the 2014 Act.

(2) The abolition of the common law offence of bigamy by section 28(3) of the 2014 Act does not apply to—

(a)any marriages or purported marriages entered into before 1st September 2014, and any prosecution in relation to such marriages or purported marriages where proceedings commence or after that date; or

(b)any prosecution for the common law offence of bigamy where proceedings commenced before that date.

ALEX NEIL

A member of the Scottish Government

St Andrew’s House,

Edinburgh

22nd July 2014

Article 2

SCHEDULE

Column 1Column 2Column 3
ProvisionSubject matterPurpose
Section 4(8) to (10)Meaning of marriage and related expressions in enactments and documents
Section 6Jurisdiction in proceedings relating to same sex marriagesFor the purpose of bringing into force the provisions of schedule 1 to the 2014 Act referred to in column 1.
Section 9Power to modify meaning of “qualifying civil partnership”
Section 10Change of qualifying civil partnership into marriage
Section 11(5) and (6)Effect of marriage between civil partners in a qualifying civil partnership
Section 12(2)(a) and (b)Persons who may solemnise marriage, and qualifying requirementsFor the purpose of making regulations under section 8(1)(a)(ii), (1B)(a)(i) and (1E) to (1G) of the 1977 Act.
Section 13(2)(e)Registration of nominated persons as celebrants, and qualifying requirementsFor the purpose of making regulations under section 9(2A) to (2C) of the 1977 Act.
Section 14(2)Qualifying requirements for temporary authorisation of celebrantsFor the purpose of making regulations under section 12(1D) to (1F) of the 1977 Act.
Section 17Power of district registrar to require evidence of nationality: marriage
Section 18(2)(a)The Marriage Schedule
Section 21Places at which civil marriages may be solemnised
Section 24(13)Registration of civil partnership, and qualifying requirementsFor the purpose of making regulations under section 94A(1)(a)(i) and (5), section 94B(3) and section 94E(4) of the 2004 Act.
Section 24(15)Registration of civil partnershipFor the purpose of prescribing forms of notice referred to in section 95ZA(1) and (2) of the 2004 Act.
Section 25Power of district registrar to require evidence of nationality: civil partnership
Section 28Bigamy
Section 29Change of gender of married persons or civil partnersFor the purpose of bringing into force the provisions of schedule 2 to the 2014 Act referred to in column 1.
Section 30Renewed marriage or civil partnership following issue of full gender recognition certificate
Section 33Form of register of marriages
Paragraph 1(4) of schedule 1Jurisdiction in relation to same sex marriagesFor the purpose of making regulations under paragraph 2 of Schedule 1B to the Domicile and Matrimonial Proceedings Act 1973(6).
Paragraph 7 of schedule 2Applications for change of gender by civil partnersFor the purpose of making an order under section 5D of the GRA 2004.
Paragraph 9(2)(b) of schedule 2Marriage and civil partnership registration following gender recognitionFor the purpose of making regulations under paragraph 20A of Schedule 3 to the GRA 2004.
Paragraph 15 of schedule 2Alternative grounds for granting applications for gender recognitionFor the purpose of making an order under section 3C(5)(b)(ii) of the GRA 2004.
Paragraph 17 of schedule 2Evidence for granting applications on alternative groundsFor the purpose of making an order under section 3D(6)(b) of the GRA 2004.

EXPLANATORY NOTE

(This note is not part of the Order)

This Order bring into force sections 4(8) to (10), 9, 10, 11(5) and (6), 17, 18(2)(a), 21, 25, 28, 30 and 33 of the Marriage and Civil Partnership (Scotland) Act 2014 (“the 2014 Act”).

It also brings into force sections 6, 12(2)(a) and (b), 13(2)(e), 14(2), 24(13) and (15) and 29 of and paragraph 1(4) of schedule 1 and paragraphs 7, 9(2)(b), 15 and 17 of schedule 2 to the 2014 Act only for purposes set out in column 3 of the Schedule to the Order.

The appointed day in article 2 for all of these provisions to come into force is 1st September 2014.

Article 3 makes saving provisions about existing regulations and in relation to the common law offence of bigamy.

The Bill for the 2014 Act received Royal Assent on 12th March 2014. Sections 34 to 37 of the 2014 Act came into force on the day after Royal Assent.

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)

ProvisionDate of CommencementS.S.I. No.
Section 721st May 20142014/121
Section 1921st May 20142014/121
Section 2021st May 20142014/121
Section 2221st May 20142014/121
Section 2321st May 20142014/121
Section 2721st May 20142014/121
Section 3221st May 20142014/121
(5)

S.I. 1977/1670. The Regulations were made under section 8(1)(a)(ii) of the Marriage (Scotland) Act 1977 which is amended by section 12(2) of the Marriage and Civil Partnership (Scotland) Act 2014.

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