The Gender Recognition (Marriage and Civil Partnership Registration) (Modification) (Scotland) Order 2016

Modification of the operation of section 98 of the Civil Partnership Act 2004

4.—(1) The operation of section 98 of the Civil Partnership Act 2004(1), in relation to qualifying Scottish civil partnerships registered under regulation 10 of the 2016 Regulations, is modified as follows.

(2) The modifications made under—

(a) article 3(2) and (4) to the operation of section 38 of the 1965 Act; and

(b) article 3(3) to the operation of section 39C of that Act,

apply in relation to the civil partnership register as they apply in relation to the register of marriages.

(3) The Registrar General must make traceable the connection between an existing civil partnership register entry and a corresponding new civil partnership register entry.

(4) Information kept by the Registrar General for the purposes of paragraph (3) is not to be open to public inspection or search.

(5) The Registrar General may disclose any such information only in accordance with paragraph (6).

(6) Information is disclosed in accordance with this paragraph if disclosed—

(a) under an order of the Court of Session or a sheriff; or

(b) to a party to the qualifying Scottish civil partnership.

(7) In this article—

“civil partnership register” means the register established under section 95 of the Civil Partnership Act 2004(2);

“existing civil partnership register entry” and “ new civil partnership register entry” have the same meaning as in regulation 2 of the 2016 Regulations;

“qualifying Scottish civil partnership” has the same meaning as in paragraph 20A(4) of Schedule 3 to the 2004 Act; and

“register of marriages” means the register of marriages provided by the Registrar General under section 32(1) of the 1965 Act.

(1)

2004 c.33; section 98 was amended by the 2006 Act, section 52(6).

(2)

2004 c.33.