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Civil Partnership (Scotland) Act 2020

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This is the original version (as it was originally enacted).

5Recognition of marriages converted to civil partnerships outwith Scotland

Explanatory NotesShow EN

(1)The Scottish Ministers may by regulations make provision of the type described in subsection (2) in relation to a marriage that is converted into a civil partnership in accordance with provision made under—

(a)section 2(5)(a) of the Civil Partnerships, Marriages and Deaths (Registration etc) Act 2019, or

(b)section 8(5)(a) of the Northern Ireland (Executive Formation etc) Act 2019.

(2)The provision mentioned in subsection (1) is—

(a)provision for such a marriage to be treated in the law of Scotland as if the parties had registered as civil partners of each other in England and Wales or (as the case may be) Northern Ireland,

(b)provision as to—

(i)the date on which the parties’ marriage is to be treated as having ended,

(ii)the date on which the parties are to be treated as having registered as civil partners.

(3)Regulations under subsection (1)—

(a)may make different provision for different purposes,

(b)may include incidental, supplementary, consequential, transitional, transitory or saving provision,

(c)may modify any enactment (including this Act),

(d)are (except where subsection (4) applies) subject to the negative procedure.

(4)Regulations under subsection (1) which add to, replace or omit any part of the text of an Act are subject to the affirmative procedure.

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