The Civil Partnership (Scotland) Act 2020 (Commencement No. 3, Saving and Transitional Provision) Regulations 2021
Citation, commencement and interpretation1.
(1)
These Regulations may be cited as the Civil Partnership (Scotland) Act 2020 (Commencement No. 3, Saving and Transitional Provision) Regulations 2021.
(2)
With the exception of those provisions mentioned in paragraph (3), these Regulations come into force on 1 February 2021.
(3)
Regulations 2 and 3 and the schedule come into force on 1 June 2021.
(4)
In these Regulations—
(a)
unless otherwise stated, a reference to a numbered provision is to the provision so numbered in the Civil Partnership (Scotland) Act 2020,
(b)
Provisions coming into force on 1 June 20212.
(1)
1 June 2021 is the day appointed for the coming into force of the provisions of the Civil Partnership (Scotland) Act 2020 specified in column 1 of the table in the schedule of these Regulations, the subject matter of which is described in column 2 of the table.
(2)
Where a purpose is specified in column 3 of the table in relation to any provision, the provision comes into force on 1 June 2021 for that purpose only.
Saving and transitional provision: end of interim recognition of different sex relationships3.
(1)
The cessation of the interim treatment of different sex relationships formed outwith Scotland by section 3(4) does not affect—
(a)
anything done prior to 1 June 2021 by one or both of the deemed spouses—
(i)
in relation to a deemed marriage, or
(ii)
otherwise as a deemed spouse or as deemed spouses,
(b)
anything done prior to 1 June 2021 by any other person in relation to—
(i)
a deemed marriage, or
(ii)
one or both of the deemed spouses (as a deemed spouse or as deemed spouses), or
(c)
any relevant court proceedings which have concluded prior to 1 June 2021.
(2)
Anything done prior to 1 June 2021 by a person as a deemed spouse is to be treated on or after 1 June 2021 as if it had been done by that person as a civil partner.
(3)
Anything done prior to 1 June 2021 by any other person in relation to a deemed marriage, or in relation to one or both of the deemed spouses (as a deemed spouse or as deemed spouses), is to be treated on or after 1 June 2021 as if it had been done by the other person in relation to a civil partnership, or in relation to that person or those persons as a civil partner or as civil partners.
(4)
Paragraph (5) has effect, subject to paragraph (6), in relation to any relevant court proceedings which have not concluded prior to 1 June 2021.
(5)
In the proceedings—
(a)
a reference to a deemed marriage has effect on or after 1 June 2021 as, or as including, a reference to a civil partnership between the same parties, and
(b)
a reference to a person as a deemed spouse has effect on or after 1 June 2021 as, or as including, a reference to that person as a civil partner.
(6)
(7)
Unless the contrary intention appears, in any document executed prior to 1 June 2021—
(a)
a reference to a deemed marriage has effect on or after 1 June 2021 as, or as including, a reference to a civil partnership between the same parties, and
(b)
a reference to a person as a deemed spouse has effect on or after 1 June 2021 as, or as including, a reference to that person as a civil partner.
(8)
In this regulation—
(a)
“ancillary order” means an order relating to children, aliment, financial provision or the regulation of occupancy rights in an action for—
(i)
the dissolution of a civil partnership,
(ii)
the separation of civil partners, or
(iii)
declarator of nullity of a civil partnership,
(b)
“deemed marriage” means a relationship treated as a marriage in accordance with section 3(2), and “deemed spouse” is to be construed accordingly,
(c)
“relevant court proceedings” means any proceedings in a court or tribunal commenced prior to 1 June 2021 to which either or both of the following is or are relevant for any purpose—
(i)
a deemed marriage, or
(ii)
the status of one or both of the deemed spouses as a deemed spouse or as deemed spouses,
(d)
a reference to anything done includes a reference to anything not done.
Transitional provision: overseas relationships4.
(1)
“(ii)
neither of whom was already a civil partner or lawfully married on the date the relationship concerned was entered into, and
(iii)
neither of whom was a civil partner or lawfully married—
(aa)
immediately before 1 February 2021, or
(bb)
in the case of a relationship that was dissolved or annulled before that date, immediately before the date of dissolution or annulment.”.
(2)
St Andrew’s House,
Edinburgh
SCHEDULE
Column 1 | Column 2 | Column 3 |
|---|---|---|
Provision | Subject matter | Purpose |
Section 1 | Different sex civil partnerships | For all remaining purposes |
Section 2 and schedule 1 | Recognition of overseas different sex relationships | For all remaining purposes |
Section 4 | Power to enable marriages to become civil partnerships | |
Section 5 | Recognition of marriages converted to civil partnerships outwith Scotland | |
Section 6 | Eligibility of persons of different sexes to enter into a civil partnership | |
Section 7(1) and (2)(a), (c), (d) and (f) | Persons who may register civil partnerships between persons of different sexes | For all remaining purposes |
Section 7(2)(b) | Persons who may register civil partnerships between persons of different sexes | For the purpose of inserting and bringing into force for all remaining purposes section 94A(2A) and (2B)(a) of the 2004 Act |
Section 8 | Registration and removal of celebrants | |
Section 9 | Temporary authorisation of celebrants | |
Section 11 | Postponement of decree of dissolution where religious impediment to marry exists | For all remaining purposes |
Section 12 | Marriage between civil partners in a qualifying civil partnership: celebrants | |
Section 14 and schedule 2 | Consequential modification | For the purpose of bringing into force the modifications of enactments provided for in schedule 2, other than those provided for in paragraphs 5, 6(2) and (3), and 7 |
These Regulations bring into force certain provisions of the Civil Partnership (Scotland) Act 2020 (“the 2020 Act”) and make saving and transitional provision relating to the introduction of civil partnership between persons of different sexes.
Regulation 2 brings the provisions of the 2020 Act listed in the schedule of the Regulations into force on 1 June 2021. With the exception of section 7 and schedule 2, the provisions listed are brought into force for all purposes, or for all remaining purposes. Section 7 and schedule 2 are brought into force to the extent, or for the purposes stated.
The provisions brought into force include amendments to the Civil Partnership Act 2004 (“the 2004 Act”) that enable different sex couples to enter into civil partnerships in Scotland, that make provision regarding the persons authorised to register such civil partnerships, and that provide for certain different sex relationships formed outside Scotland to be treated as civil partnerships in Scotland. Other provisions brought into force include consequential amendments to family law and the law concerning the registration of births, and provisions conferring power to make regulations enabling marriages to be changed into civil partnerships, and concerning the treatment in Scotland of marriages changed into civil partnerships elsewhere in the United Kingdom.
From 1 February 2021 (when section 3(2) of the 2020 Act comes into force) until the coming into force of section 6 of the 2020 Act on 1 June 2021, civil partnerships entered into outside Scotland between persons of different sexes will, on an interim basis, be treated as marriages in accordance with section 3(2). By virtue of section 3(4), the bringing into force of section 6 results in section 3(2) ceasing to have effect. Regulation 3, which also comes into force on 1 June 2021, makes saving and transitional provision in connection with section 3(2) ceasing to have effect.
Regulation 4, which comes into force on 1 February 2021, makes transitional provision in relation to the treatment of different sex relationships which have been entered into outside the UK prior to 1 February 2021.
Regulation 4(1) provides for section 212 of the 2004 Act to apply subject to modification in relation to such relationships so that a relationship does not qualify as an ‘overseas relationship’ where either party was a civil partner or lawfully married immediately before 1 February 2021 (or in the case of a relationship that has previously been dissolved or annulled, immediately prior to the dissolution or annulment). The relationship in question does not count for this purpose as it would not have been either a civil partnership or a marriage under the law of Scotland at the time specified.
The provision ensures that a pre-existing different sex relationship cannot be treated as a civil partnership if doing so would result in a person being a party to more than one formal relationship under the law of Scotland.
Provision | Date of Commencement | S.S.I. No. |
|---|---|---|
Section 1 (partially) | 1 February 2021 | |
Section 2(1), (3)(f) and (4)(b) (partially) | 18 January 2021 | |
Section 2 (partially) | 1 February 2021 | |
Section 3 | 1 February 2021 | |
Section 7(1), (2)(b) and (2)(f) (partially) | 18 January 2021 | |
Section 11 (partially) | 1 February 2021 | |
Section 14 (partially) | 18 January 2021 | |
Schedule 1 (partially) | 1 February 2021 | |
Schedule 2, paragraph 5(1) and (19)(b) (partially) | 18 January 2021 |