Marriage and Civil Partnership (Scotland) Act 2014 Explanatory Notes

1. Introduction

2. The Act

   1. Summary and background

3. Commentary

   1. Part 1 – Marriage

      1. Chapter 1 – Same sex marriage

         1. Overview

         2. Section 1: Marriage of related persons

         3. Section 2: Objections to marriage

         4. Section 3: Preliminaries to marriage

         5. Section 4: Meaning of marriage and related expressions in enactments and documents

         6. Section 5: Same sex marriage: further provision

         7. Section 6: Jurisdiction in proceedings relating to same sex marriages

         8. Section 7: Reset: abolition of defence

      2. Chapter 2 – Marriage between civil partners in qualifying civil partnerships

         1. Overview

         2. Section 8: Marriage between civil partners in qualifying civil partnerships

         3. Section 9: Power to modify meaning of “qualifying civil partnership”

         4. Section 10: Change of qualifying civil partnership into marriage

         5. Section 11: Effect of marriage between civil partners in a qualifying civil partnership

      3. Chapter 3 – Solemnisation of marriage

         1. Overview

         2. Section 12: Persons who may solemnise marriage

         3. Section 13: Registration of nominated persons as celebrants

         4. Section 14: Temporary authorisation of celebrants

         5. Section 15:  Religious or belief marriage: further provision

      4. Chapter 4 – Same sex marriage: protection of freedom of expression etc.

         1. Section 16: Same sex marriage: protection of freedom of expression etc.

      5. Chapter 5 – Other changes to marriage procedure

         1. Overview

         2. Section 17: Power of district registrar to require evidence of nationality: marriage

         3. Section 18: The Marriage Schedule

         4. Section 19: Marriage outside Scotland: evidence of dissolution of former civil partnership

         5. Section 20: Religious marriages: solemnisation by Church of Scotland deacons

         6. Section 21: Places at which civil marriages may be solemnised

         7. Section 22:  Second marriage ceremony: form of endorsement

      6. Chapter 6 – Sheriff court jurisdiction in relation to declarator of marriage

         1. Section 23: Sheriff court jurisdiction in relation to declarator of marriage

   2. Part 2 – Civil partnership

      1. Overview

      2. Section 24: Registration of civil partnership

      3. Section 25: Power of district registrar to require evidence of nationality: civil partnership

      4. Section 26: Recognition of overseas relationships

      5. Section 27:  Dissolution of civil partnership: evidence

   3. Part 3 – Marriage and civil partnership: other provision

      1. Section 28:  Bigamy

   4. Part 4 – Change of gender of married persons or civil partners

      1. Overview

      2. Section 29: Change of gender of married persons or civil partners

      3. Section 30: Renewed marriage or civil partnership following issue of full gender recognition certificate

      4. Section 31: Grounds of divorce: interim gender recognition certificate followed by full certificate

   5. Part 5 – Registration services

      1. Section 32: Provision of certain information to district registrars

      2. Section 33: Form of register of marriages

   6. Part 6 – General provisions

      1. Section 35: Ancillary provision

4. Schedules

   1. Schedule 1: Jurisdiction in proceedings relating to same sex marriages

      1. Overview

      2. Domicile and Matrimonial Proceedings Act 1973

      3. Power to make provision corresponding to EC Regulation 2201/2003

      4. Divorce or separation

      5. Declarator of marriage

      6. Nullity of marriage

      7. Recognition, or non-recognition, of foreign decrees

      8. Supplementary provision

      9. Presumption of Death (Scotland) Act 1977

   2. Schedule 2: Change of gender of married persons or civil partners

      1. Part 1 – Applications by married persons and civil partners

         1. Overview

            1. Paragraph 2 – interpretation

            2. Paragraph 3 – evidence

            3. Paragraph 4 – successful applications

            4. Paragraph 5 – issue of full gender recognition certificate after interim certificate: applicant married

         2. Applications by both civil partners

         3. Appeals etc.

         4. Registration

         5. Continuity of marriage

         6. Continuity of civil partnership

         7. Foreign gender change and marriage

      2. Part 2 – Alternative grounds for granting applications for gender recognition certificates

      3. Part 3: Consequential amendments

5. Parliamentary History