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The Marriage and Civil Partnership (Scotland) Act 2014 (Commencement No. 3, Saving, Transitional Provision and Revocation) Order 2014

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Citation and commencement

1.  This Order may be cited as the Marriage and Civil Partnership (Scotland) Act 2014 (Commencement No. 3, Saving, Transitional Provision and Revocation) Order 2014 and comes into force on 16th December 2014.

Interpretation

2.  In this Order—

“the 1977 Act” means the Marriage (Scotland) Act 1977(1);

“the 2004 Act” means the Civil Partnership Act 2004(2);

“the 2014 Act” means the Marriage and Civil Partnership (Scotland) Act 2014.

Appointed day

3.—(1) Subject to articles 4 and 5, the appointed day is 16th December 2014 for the provisions of the 2014 Act specified in column 1 of the Schedule to this Order (the subject matter of which is described in column 2 of the Schedule).

(2) Where a purpose is specified in column 3 of the Schedule in relation to any provision, the provision comes into force on 16th December 2014 for that purpose only.

Transitional and savings provisions – solemnisation of marriages

4.—(1) Regulations made under section 8(1)(a)(ii) of the 1977 Act prior to its amendment by section 12 of the 2014 Act(3) continue to have effect for all purposes in relation to the entitlement of a person to solemnise marriages where a notice of intention to marry has been submitted to a district registrar under section 3(1) of the 1977 Act before 16th December 2014.

(2) Subject to paragraph (3)—

(a)a person registered under section 9 of the 1977 Act prior to its amendment by section 13 of the 2014 Act is to be treated as registered under section 9 to solemnise marriages between persons of different sexes;

(b)a person granted a temporary written authorisation under section 12 of the 1977 Act prior to its amendment by section 14 of the 2014 Act is to be treated as having been granted an authorisation under section 12 of the 1977 Act to solemnise marriages between persons of different sexes.

(3) The registration or temporary written authorisation of a person mentioned in paragraph (2) ceases to have effect on 16th December 2014 if that person is a minister, clergyman, pastor, or priest or other celebrant of a religious or belief body prescribed by virtue of regulations made under section 8(1)(a)(ii) of the 1977 Act.

Transitional and savings provisions – overseas marriages

5.—(1) Subject to paragraph (2) the coming into force of section 26 of the 2014 Act does not affect court proceedings in Scotland concerning an overseas marriage, where those proceedings were issued under any provision of the 2004 Act or the Family Law (Scotland) Act 1985(4) before 16th December 2014.

(2) Where those proceedings were issued under sections 103(1) or 104(1) of the 2004 Act, the proceedings are to be treated as issued under section 3(1) or 4(1) of the Matrimonial Homes (Family Protection) (Scotland) Act 1981(5).

(3) If a decree of aliment under section 3 of the Family Law (Scotland) Act 1985 requiring one of the civil partners to make payments to the other is in force on 16th December 2014 in relation to an overseas marriage, the decree continues to have effect despite the marriage no longer being treated as a civil partnership by virtue of Part 5 of the 2004 Act.

(4) If an order under section 103(3) or 104 of the 2004 Act is in force on 16th December 2014 in relation to an overseas marriage the order has effect as if made under section 3 or 4, of the Matrimonial Homes (Family Protection) (Scotland) Act 1981.

(5) In this article, an “overseas marriage” means a marriage under the law of any country or territory outside the United Kingdom which is treated as a civil partnership by virtue of Part 5 of the 2004 Act.

Revocations

6.  The following Regulations are revoked—

(a)the Marriage (Approval of Places) (Scotland) Regulations 2002(6);

(b)the Marriage (Approval of Places) (Scotland) Amendment Regulations 2005(7); and

(c)the Marriage (Approval of Places) (Scotland) Amendment Regulations 2006(8).

ALEX NEIL

A member of the Scottish Government

St Andrew’s House,

Edinburgh

29th October 2014

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