2015 No. 14 (C. 3)

Civil Partnership
Marriage

The Marriage and Civil Partnership (Scotland) Act 2014 (Commencement No. 4 and Savings Provisions) Order 2015

Made

Laid before the Scottish Parliament

Coming into force

The Scottish Ministers make the following Order in exercise of the powers conferred by sections 36(2) and (3) of the Marriage and Civil Partnership (Scotland) Act 20141 and all other powers enabling them to do so.

Citation, commencement and interpretation1

1

This Order may be cited as the Marriage and Civil Partnership (Scotland) Act 2014 (Commencement No. 4 and Savings Provisions) Order 2015 and comes into force on 1st March 2015.

2

In this Order—

  • “the 1977 Act” means the Marriage (Scotland) Act 19772;

  • “the 2004 Act” means the Civil Partnership Act 20043;

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

  • “district registrar” has the meaning given in section 7(12) of the Registration of Births, Deaths and Marriages (Scotland) Act 19654.

Appointed day2

1

Subject to article 3, the appointed day is 1st March 2015 for the provisions of the 2014 Act specified in column 1 of the Schedule to this Order (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 March 2015 for that purpose only.

Savings3

1

Despite the amendments made by section 18(2)(b) and (4) of the 2014 Act, sections 6(4)(a) and 19(1) of the 1977 Act continue to have effect for all purposes on and after 1st March 2015 as they had effect immediately before that date, where each of the parties to a marriage intended to be solemnised have submitted to the district registrar a notice of intention to marry under section 3(1) of the 1977 Act5 before 1st March 2015.

2

Despite the amendments made by section 24(7)(b), (8)(b)(ii) and (12)(b)(i) of the 2014 Act, sections 90(2)(b), 91(1) and 94(1)(b) of the 2004 Act6 continue to have effect for all purposes on and after 1st March 2015 as they had effect immediately before that date, where each of the intended civil partners has submitted to the district registrar a notice of intention to enter civil partnership under section 88(1) of the 2004 Act7 before 1st March 2015.

3

Despite the amendment made by section 18(3) of the 2014 Act, section 7(2) of the 1977 Act continues to have effect for all purposes on and after 1st March 2015 as it had effect immediately before that date, where a party to a marriage intended to be solemnised has submitted to the district registrar a notice of intention to marry under section 7(1) of the 1977 Act before 1st March 2015.

4

Despite the amendment made by section 24(18)(a) of the 2014 Act, section 97(4) of the 2004 Act continues to have effect for all purposes on and after 1st March 2015 as it had effect immediately before that date, where the intended civil partner has submitted to the district registrar a notice of intention to enter civil partnership under section 88(1) of the 2004 Act before 1st March 2015.

MARCO BIAGIAuthorised to sign by the Scottish MinistersSt Andrew’s House,Edinburgh

SCHEDULE

Article 2

Column 1

Column 2

Column 3

Provision

Subject matter

Purpose

Section 18

The Marriage Schedule

For all remaining purposes.

Section 24(1)

Registration of civil partnership

For the purpose of bringing into force the other provisions of section 24 of the 2014 Act referred to in column 1.

Section 24(7)(b), (8)(b)(ii), (12)(b)(i) and (18)(a)

Registration of civil partnership

EXPLANATORY NOTE

(This note is not part of the Order)

This Order commences the provisions in the Marriage and Civil Partnership (Scotland) Act 2014 (“the 2014 Act”) which amend the Marriage (Scotland) Act 1977 (“the 1977 Act”) and the Civil Partnership Act 2004 (“the 2004 Act”) respectively so as to increase from 14 to 28 days the minimum period (i) for issuing the Marriage Schedule, (ii) for issuing a certificate that a person has legal capacity to marry, (iii) for solemnising a marriage after receipt of a marriage notice (unless early solemnisation is authorised), (iv) for registering a civil partnership after publicisation of the notice of proposed civil partnership by the district registrar, (v) for issuing the civil partnership schedule, and (vi) for issuing a certificate of no impediment to register as civil partners. These provisions are listed in the Schedule to the Order.

Article 3 of the Order makes savings provisions with the effect that the existing 14 day notice period for these matters continues to apply where a relevant notice of intention to marry or of proposed civil partnership has been submitted before 1st March 2015.

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)

Provision

Date of Commencement

S.S.I.No.

Section 1

16th December 2014

2014/287

Section 2

16th December 2014

2014/287

Section 3

16th December 2014

2014/287

Section 4 (partially)

1st September 2014

2014/212 and 2014/218

Section 4 (so far as not already commenced)

16th December 2014

2014/287

Section 5

16th December 2014

2014/287

Section 6 (partially)

1st September 2014

2014/212 and 2014/218

Section 6 (so far as not already commenced)

16th December 2014

2014/287

Section 7

21st May 2014

2014/121

Section 8

16th December 2014

2014/287

Section 9

1st September 2014

2014/212 and 2014/218

Section 10

1st September 2014

2014/212 and 2014/218

Section 11 (partially)

1st September 2014

2014/212 and 2014/218

Section 11 (so far as not already commenced)

16th December 2014

2014/287

Section 12 (partially)

1st September 2014

2014/212 and 2014/218

Section 12 (partially)

16th December 2014

2014/287

Section 13 (partially)

1st September 2014

2014/212 and 2014/218

Section 13 (partially)

16th December 2014

2014/287

Section 14 (partially)

1st September 2014

2014/212 and 2014/218

Section 14 (partially)

16th December 2014

2014/287

Section 15

16th December 2014

2014/287

Section 16

16th December 2014

2014/287

Section 17

1st September 2014

2014/212 and 2014/218

Section 18 (partially)

1st September 2014

2014/212 and 2014/218

Section 19

21st May 2014

2014/121

Section 20

21st May 2014

2014/121

Section 21

1st September 2014

2014/212 and 2014/218

Section 22

21st May 2014

2014/121

Section 23

21st May 2014

2014/121

Section 24 (partially)

1st September 2014

2014/212 and 2014/218

Section 24 (partially)

16th December 2014

2014/287

Section 25

1st September 2014

2014/212 and 2014/218

Section 26

16th December 2014

2014/287

Section 27

21st May 2014

2014/121

Section 28

1st September 2014

2014/212 and 2014/218

Section 29 (partially)

1st September 2014

2014/212 and 2014/218

Section 29 (so far as not already commenced)

16th December 2014

2014/287

Section 30

1st September 2014

2014/212 and 2014/218

Section 31

16th December 2014

2014/287

Section 32

21st May 2014

2014/121

Section 33

1st September 2014

2014/212 and 2014/218

Schedule 1 (partially)

1st September 2014

2014/212 and 2014/218

Schedule 1 (so far as not already commenced)

16th December 2014

2014/287

Schedule 2 (partially)

1st September 2014

2014/212 and 2014/218

Schedule 2 (so far as not already commenced)

16th December 2014

2014/287