The Civil Partnership (Overseas Relationships) (Scotland) Order 2005

Explanatory Note

(This note is not part of the Order)

This Order makes provision relating to the treatment of overseas relationships treated as civil partnerships by virtue of Chapter 2 of Part 5 of the Civil Partnership Act 2004 (“the Act”) which were registered in the country where they were entered into before the date on which the Act comes into force (5th December 2005).

Under section 215 of the Act, an overseas relationship registered abroad before 5th December 2005 will be treated as a civil partnership which was formed on the date on which that section comes into force. However, for most purposes, an overseas relationship which was dissolved or annulled before that date will not be treated as a civil partnership. Paragraphs (a) and (c) of section 215(5) of the Act modify this rule in relation to certain specified provisions and the Act gives the Scottish Ministers power to specify additional provisions. Article 2 of this Order exercises that power.

Article 3 of this Order modifies section 212 of the Act which determines when an overseas relationship formed before 5th December 2005 will be recognised as a civil partnership in order to ensure that a person cannot be recognised as being a party to more than one civil partnership or a civil partnership and a marriage at any one time.