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Civil Partnership (Scotland) Act 2020


58.The position, prior to section 1 of the Act coming into force, is that civil partnership is only available to same sex couples. As a result, the law has prevented one partner in a civil partnership from changing gender because that would result in an impermissible different sex civil partnership. Schedule 2 of the Act modifies the following enactments to allow for the fact that, once section 1 comes into force, a civil partnership will be able to continue when the partners are no longer the same gender:

  • the Gender Recognition Act 2004,

  • the Civil Partnership Act 2004,

  • the Marriage and Civil Partnership (Scotland) Act 2014.

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Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.


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