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Civil Partnership (Scotland) Act 2020

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    Commentary on Provisions

    Extension of civil partnership to different sex couples

    Section 3: Interim recognition of different sex relationships formed outwith Scotland

    14.Section 3 of the Act makes interim arrangements for the recognition in Scotland of different sex civil partnerships registered elsewhere in the United Kingdom and different sex overseas relationships. It provides for those civil partnerships (as well as different sex overseas relationships) to be treated as marriages, and for the civil partners to be treated as spouses, until civil partnerships between persons of different sexes become registrable in Scotland by virtue of the coming into force of section 6 of the Act. The Scottish Ministers may by regulations prescribe purposes for which this provision does not apply.

    15.Subsection (3) makes clear that the interim recognition of those relationships as marriages does not prevent people in those relationships referring to their relationship as a civil partnership and to themselves as being civil partners of each other.

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