Search Legislation

Civil Partnership (Scotland) Act 2020

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: Paragraph 6

 Help about opening options

Alternative versions:

Status:

This version of this cross heading contains provisions that are prospective. Help about Status

Close

Status

The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:

  1. where the provision (Part, Chapter or section) has never come into force or;
  2. where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.

Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.

Changes to legislation:

There are currently no known outstanding effects for the Civil Partnership (Scotland) Act 2020, Paragraph 6. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Prospective

This section has no associated Explanatory Notes

6(1)The Civil Partnership Act 2004 is modified as follows.S

(2)In section 117 (dissolution)—

(a)in subsection (2)(b), before “an interim” insert “ subject tosubsection (3A), ”,

(b)after subsection (3) insert—

(3A)Subsection (2)(b)—

(a)does not apply where, under the Gender Recognition Act 2004, a Gender Recognition Panel issues a full gender recognition certificate to the person to whom the interim gender recognition certificate was issued, but

(b)continues to apply despite a full gender recognition certificate being issued to that person by the sheriff under section 4E of that Act..

(3)In section 122 (registration of dissolution of civil partnership)—

(a)in subsection (1), after “dissolution” insert “ and of declarator of nullity ”,

(b)in subsection (5), after “dissolution” insert “ or, as the case may be, of the declarator of nullity of civil partnership ”,

(c)the section title becomes Registration of dissolutions and declarators of nullity of civil partnerships.

(4)In section 225 (jurisdiction of Scottish courts)—

(a)after subsection (3) insert—

(3A)The sheriff has jurisdiction to entertain an action for declarator of nullity of a civil partnership if (and only if)—

(a)the requirements as to domicile or habitual residence that would apply were the action to have been begun in the Court of Session under subsection (3) (other than paragraph (c)) are met, and

(b)either of the ostensible civil partners—

(i)was resident in the sheriffdom for a period of 40 days ending with the date when the action is begun, or

(ii)had been resident in the sheriffdom for a period of not less than 40 days ending not more than 40 days before that date and has no known residence in Scotland at that date.,

(b)in subsection (4)—

(i)“(but only where the court is the Court of Session)” is repealed,

(ii)for “(3)” in both places that it appears substitute “ (3A) ”.

(5)In section 237 (supplementary provisions relating to recognition of dissolution etc.), in subsection (2)(b)(ii), for “legal relationships between two people of the same sex” substitute “ relationships of the sort that the civil partnership in question is (whether generally, between two persons of the same sex, or between two persons of different sexes) ”.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

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.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources