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Marriage and Civil Partnership (Scotland) Act 2014

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1Marriage of related personsS

This section has no associated Explanatory Notes

(1)The Marriage (Scotland) Act 1977 (“the 1977 Act”) is amended as follows.

(2)In section 2 (marriage of related persons)—

(a)for subsection (1) substitute—

(1)Subject to subsection (1A), a marriage between persons who are related to each other in a forbidden degree is void if solemnised—

(a)in Scotland; or

(b)at a time when either party is domiciled in Scotland.

(1ZA)For the purposes of subsection (1), a person is related to another person in a forbidden degree if related to that person in a degree specified in Schedule 1.,

(b)in subsection (1A), for the words from the beginning to “paragraph,” substitute “ A person who is related to another person in a degree specified in paragraph 2 of Schedule 1 (relationships by affinity) is not related to that person in a forbidden degree ”,

(c)after subsection (1A) insert—

(1C)For the purposes of paragraph 2 of Schedule 1, “spouse” means—

(a)in the case of a marriage between persons of different sexes, a wife in relation to her husband or a husband in relation to his wife; and

(b)in the case of a marriage between persons of the same sex, one of the parties to the marriage in relation to the other.,

(d)in subsection (7)—

(i)for “those provisions” substitute “ subsection (1C)(a) as it applies to paragraph 2 of Schedule 1 ”, and

(ii)the word “former” in each place where it appears is repealed, and

(e)in subsection (7A)—

(i)for “mother” substitute “ parent ”, and

(ii)the words “in either column” are repealed.

(3)For schedule 1 substitute—

SCHEDULE 1SDEGREES OF RELATIONSHIP

(introduced by section 2)

1 Relationships by consanguinity

  • Parent

  • Child

  • Grandparent

  • Grandchild

  • Sibling

  • Aunt or uncle

  • Niece or nephew

  • Great-grandparent

  • Great-grandchild

2 Relationships by affinity referred to in section 2(1A)

  • Child of former spouse

  • Child of former civil partner

  • Former spouse of parent

  • Former civil partner of parent

  • Former spouse of grandparent

  • Former civil partner of grandparent

  • Grandchild of former spouse

  • Grandchild of former civil partner

3 Relationships by adoption

  • Adoptive parent or former adoptive parent

  • Adopted child or former adopted child..

Commencement Information

I1S. 1 in force at 16.12.2014 by S.S.I. 2014/287, art. 3, Sch.

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