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This S.S.I. has been made in consequence of defects in S.S.I. 2014/212 and is being issued free of charge to all known recipients of that instrument.

Scottish Statutory Instruments

2014 No. 218 (C. 19)

Civil Partnership

Gender Recognition

Marriage

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

Made

7th August 2014

Laid before the Scottish Parliament

11th August 2014

Coming into force

1st September 2014

The Scottish Ministers make the following Order in exercise of the powers conferred 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 and commencement

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

Amendment of the Commencement No. 2 and Saving Provisions Order

2.—(1) The Marriage and Civil Partnership (Scotland) Act 2014 (Commencement No. 2 and Saving Provisions) Order 2014(2) is amended as follows.

(2) In article 3(2)(a) (saving), after “commence” insert “on”.

(3) For the Schedule substitute the Schedule in the Schedule to this Order.

ALEX NEIL

A member of the Scottish Government

St Andrew’s House,

Edinburgh

7th August 2014

Article 2

SCHEDULE

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(1)Persons who may solemnise marriage, and qualifying requirementsFor the purpose of bringing into force the other provisions of section 12 of the 2014 Act referred to in column 1.
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) of the 1977 Act.
Section 13(1)Registration of nominated persons as celebrants, and qualifying requirementsFor the purpose of bringing into force the other provision of section 13 of the 2014 Act referred to in column 1.
Section 13(2)(e)Registration of nominated persons as celebrants, and qualifying requirementsFor the purpose of making regulations under section 9(2A) of the 1977 Act.
Section 14(1)Qualifying requirements for temporary authorisation of celebrantsFor the purpose of bringing into force the other provision of section 14 of the 2014 Act referred to in column 1.
Section 14(2)Qualifying requirements for temporary authorisation of celebrantsFor the purpose of making regulations under section 12(1D) 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(1)Registration of civil partnership, and qualifying requirementsFor the purpose of bringing into force the other provisions of section 24 of the 2014 Act referred to in column 1.
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(1) of schedule 1Jurisdiction in relation to same sex marriagesFor the purpose of bringing into force the other provision of schedule 1 to the 2014 Act referred to in column 1.
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(3).
Paragraph 1 of schedule 2IntroductoryFor the purpose of bringing into force the other provisions of schedule 2 to the 2014 Act referred to in column 1.
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 purposes of making regulations under paragraph 20A(1) 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 amends errors in the saving provisions in, and Schedule to, the Marriage and Civil Partnership (Scotland) Act 2014 (Commencement No. 2 and Saving Provisions) Order 2014.