Legalize / United Kingdom / Scotland / Act of the Scottish Parliament

Civil Partnership (Scotland) Act 2020

Type Act of the Scottish Parliament

Publication 2020-07-28

State In force

Jurisdiction Scotland

Department Statute Law Database

Source legislation.gov.uk

Reform history JSON API

Extension of civil partnership to different sex couples

Different sex civil partnerships

1

(1) The Civil Partnership Act 2004 is amended as follows.

(2) In section 1 (civil partnership), in subsection (1) the words “of the same sex” are repealed.

Registration and removal of celebrants

2

(1) The Civil Partnership Act 2004 is amended as follows.

(2) In section 212 (meaning of “overseas relationship”), subsection (1)(b)(i) is repealed.

(3) In section 213 (specified relationships)—

(a) in subsection (1), for “by Schedule 20” substitute—

(a) in the case of a relationship registered by two people who under the relevant law are of the same sex when the relationship is registered, by Part 1 of Schedule 20, (b) in the case of a relationship registered by two people who under the relevant law are not of the same sex when the relationship is registered, by Part 2 of Schedule 20

(b) in subsection (2), after “amend” insert “ Part 1 of ”,

(d) in subsection (5), after “amending” insert “ Part 1 of ”,

(e) in subsection (6), after “this section” insert “ amending Part 1 of Schedule 20 ”,

(f) after subsection (6) insert—

(7) The Scottish Ministers may by regulations amend Part 2 of Schedule 20 by— (a) adding a relationship, (b) amending the description of a relationship, (c) omitting a relationship. (8) Regulations under subsection (7)— (a) amending the description of a relationship or omitting a relationship, are subject to the affirmative procedure, (b) adding a relationship, are subject to the negative procedure.

(4) In section 215 (overseas relationship treated as civil partnerships: the general rule)—

(a) in subsection (2), for “subsection (3)” substitute “ subsections (3) and (3A) ”,

(b) after subsection (3) insert—

(3A) In its application to an overseas relationship between persons of different sexes entered into before this subsection comes into force, subsection (2) is subject to— (a) any provision to the contrary made by or under any enactment, (b) regulations under subsection (3B). (3B) The Scottish Ministers may by regulations provide for subsection (2)— (a) to have effect subject to provision made by the regulations, or (b) not to apply in cases specified in the regulations. (3C) Regulations under subsection (3B)— (a) may include consequential, supplementary, incidental, transitional, transitory or saving provision, (b) are subject to the negative procedure.

(5) Section 216 (the same sex requirement) is repealed.

(6) In schedule 20 (meaning of overseas relationship: specified relationships)—

(a) the existing text becomes Part 1,

(b) in that Part, in paragraph 1, for “section 213” substitute “ section 213(1)(a) ”,

Interim recognition of different sex relationships formed outwith Scotland

3

(1) This section applies to a civil partnership between persons of different sexes—

(a) which is formed when they register as civil partners of each other—

(i) in England or Wales under Part 2 of the 2004 Act,

(ii) in Northern Ireland under Part 4 of the 2004 Act,

(b) which is formed when they register as civil partners of each other outside the United Kingdom under an Order in Council made under section 210 or 211 of the 2004 Act, or

(c) which they are treated under Chapter 2 of Part 5 of the 2004 Act as having formed (at the time determined under that Chapter) by virtue of having registered an overseas relationship.

(2) Two persons in a civil partnership—

(a) mentioned in subsection (1)(a) or (c) are to be treated as being in a marriage formed under the law of the country or territory in which the civil partnership or (as the case may be) overseas relationship is registered,

(b) mentioned in subsection (1)(b) are to be treated as having formed a marriage in the part of the United Kingdom in which the civil partnership is, by virtue of section 210(5) or (as the case may be) 211(4) of the 2004 Act, to be treated as having been registered.

(3) Nothing in subsection (2) prevents persons in a civil partnership to which this section applies—

(a) presenting themselves as civil partners of each other,

(b) presenting their relationship as a civil partnership.

(4) Subsections (2) and (3) cease to have effect when section 6 comes into force (which is when it will become possible to register a civil partnership between persons of different sexes in Scotland).

(5) The Scottish Ministers may by regulations—

(a) provide for subsection (2) not to apply for purposes specified in the regulations,

(b) make transitional or saving provision in connection with subsection (2) ceasing to have effect.

(6) Regulations under subsection (5) are subject to the negative procedure.

(7) In this section, “the 2004 Act” means the Civil Partnership Act 2004.

Power to enable marriages to become civil partnerships

4

(1) The Scottish Ministers may by regulations make provision for, or in connection with, enabling the parties to a marriage—

(a) to register as civil partners of each other,

(b) to change their marriage into a civil partnership.

(2) Regulations under subsection (1) may in particular make provision—

(a) about the marriages to which the regulations apply,

(b) about the ways in which marriages may be changed into civil partnerships under the regulations,

(i) to registering civil partnerships and changing marriages into civil partnerships under the regulations, and

(ii) to civil partnerships formed by registration and civil partnerships formed by marriages changing into civil partnerships under the regulations,

(d) modifying the definition of “qualifying civil partnership” in section 5 of the Marriage (Scotland) Act 1977,

(e) modifying section 11(2)(b) of the Marriage and Civil Partnership (Scotland) Act 2014 in its application to qualifying civil partnerships where the parties to the civil partnership were married to each other immediately before the civil partnership was formed,

(f) about the effect of registering civil partnerships and changing marriages into civil partnerships under the regulations,

(g) about when the resulting civil partnership is to be treated as having been formed and when the marriage is to be treated as having ended,

(h) for fees of such amounts as may be specified in or determined in accordance with the regulations.

(3) Regulations which make provision under subsection (1)(b) may provide for the regulations to apply only to marriages in categories specified in the regulations.

(4) Before making regulations under subsection (1), the Scottish Ministers must consult the Registrar General of Births, Deaths and Marriages for Scotland.

(5) Regulations under subsection (1)—

(a) may make different provision for different purposes,

(b) may include incidental, supplementary, consequential, transitional, transitory or saving provision,

(d) are (except where subsection (6) applies) subject to the negative procedure.

(6) Regulations under subsection (1) which add to, replace or omit any part of the text of an Act are subject to the affirmative procedure.

Recognition of marriages converted to civil partnerships outwith Scotland

5

(1) The Scottish Ministers may by regulations make provision of the type described in subsection (2) in relation to a marriage that is converted into a civil partnership in accordance with provision made under—

(a) section 2(5)(a) of the Civil Partnerships, Marriages and Deaths (Registration etc) Act 2019, or

(b) section 8(5)(a) of the Northern Ireland (Executive Formation etc) Act 2019.

(2) The provision mentioned in subsection (1) is—

(a) provision for such a marriage to be treated in the law of Scotland as if the parties had registered as civil partners of each other in England and Wales or (as the case may be) Northern Ireland,

(b) provision as to—

(i) the date on which the parties' marriage is to be treated as having ended,

(ii) the date on which the parties are to be treated as having registered as civil partners.

(3) Regulations under subsection (1)—

(a) may make different provision for different purposes,

(b) may include incidental, supplementary, consequential, transitional, transitory or saving provision,

(d) are (except where subsection (4) applies) subject to the negative procedure.

(4) Regulations under subsection (1) which add to, replace or omit any part of the text of an Act are subject to the affirmative procedure.

Eligibility and registration in Scotland

Eligibility of persons of different sexes to enter into a civil partnership

6

(1) The Civil Partnership Act 2004 is amended as follows.

(2) In section 86 (eligibility), subsection (1)(a) is repealed.

Persons who may register civil partnerships between persons of different sexes

7

(1) The Civil Partnership Act 2004 is amended as follows.

(2) In section 94A (persons who may register civil partnerships)—

(a) in subsection (1)—

(i) after “A civil partnership” insert “ between persons of the same sex ”,

(ii) in paragraph (a)(i) after “civil partnerships” insert “ between persons of the same sex ”,

(iii) in paragraph (a)(ii) after “section 94B” insert “ to register civil partnerships between persons of the same sex ”,

(iv) in paragraph (a)(iii) after “section 94E” insert “ to register civil partnerships between persons of the same sex ”,

(b) after subsection (2) insert—

(2A) A civil partnership between persons of different sexes may be registered by and only by— (a) a person who is— (i) a celebrant of a religious or belief body prescribed by regulations made by the Scottish Ministers, or who, not being a celebrant, is recognised by a religious or belief body so prescribed as entitled to register civil partnerships between persons of different sexes on its behalf, (ii) registered under section 94B to register civil partnerships between persons of different sexes, or (iii) temporarily authorised under section 94E to register civil partnerships between persons of different sexes, or (b) a person who is a district registrar or assistant registrar appointed under section 87. (2B) The Scottish Ministers may prescribe a religious or belief body under subsection (2A)(a)(i) only if— (a) the body requests them to do so, and (b) the Scottish Ministers are satisfied that the body meets the qualifying requirements.

(i) for “or (2)(a)” substitute “ , (2)(a), (2A)(a) or (2B)(a) ”,

(ii) in paragraph (a) after “subsection (2)(a)” insert “ or subsection (2B)(a) ”,

(iii) in paragraph (b) after “civil partnerships” insert “ between persons of the same sex or between persons of different sexes ”,

(iv) in paragraph (c) after “civil partnerships” insert “ between persons of the same sex or between persons of different sexes ”,

(v) in paragraph (d) after “civil partnerships” in the second place that it appears insert “ between persons of the same sex or between persons of different sexes ”,

(d) in subsection (4)(a) after “subsection (1)(a)” insert “ or (2A)(a) ”,

(e) in subsection (5) for “subsection (2)(b)” substitute “ subsections (2)(b) and (2B)(b) ”,

(f) in section 126(4) (regulations) after “94A(1)(a)(i)” insert “ , (2A)(a)(i) ”.

Registration and removal of celebrants

8

(1) The Civil Partnership Act 2004 is amended as follows.

(2) In section 94B (registration of nominated persons as celebrants)—

(a) in subsection (1) after “civil partnerships” insert “ between persons of the same sex ”,

(b) after subsection (1) insert—

(1A) A religious or belief body, not being prescribed by virtue of section 94A(2A)(a)(i), may nominate to the Registrar General any of its members who it desires should be registered under this section as empowered to register civil partnerships between persons of different sexes.

(i) after “(1)” insert “ or (1A) ”,

(ii) after “that body” insert “ in relation to registering civil partnerships between persons of the same sex or, as the case may be, civil partnerships between persons of different sexes ”,

(d) in subsection (6)—

(i) in paragraph (a) after “(1)” insert “ or (1A) ”,

(ii) in paragraph (b) after “(1)” insert “ or (1A) ”,

(e) after subsection (6) insert—

(6A) The register mentioned in subsection (6)(a)(ii) is to be in two parts— (a) the first part containing the details mentioned in subsection (6)(a)(ii) in relation to persons nominated by religious or belief bodies to register civil partnerships between persons of the same sex, and (b) the second part containing those details in relation to persons nominated by religious or belief bodies to register civil partnerships between persons of different sexes.

(3) In section 94C (removal of celebrant's name from register)—

(a) in subsection (1)(b) after “94B(1)” insert “ or (1A) ”,

(b) in subsection (5) after “94B(1)” insert “ or (1A) ”.

Temporary authorisation of celebrants

9

(1) The Civil Partnership Act 2004 is amended as follows.

(2) In section 94E (temporary authorisation of celebrants)—

(a) after subsection (2) insert—

(2A) An authorisation under subsection (1)(b) may be granted in relation to— (a) civil partnerships between persons of the same sex only, (b) civil partnerships between persons of different sexes only, or (c) both.

(b) in subsection (3) after “(1)(b)” insert “ in relation to civil partnerships between persons of the same sex ”,

(3A) The Registrar General may grant an authorisation to a person under subsection (1)(b) in relation to civil partnerships between persons of different sexes only if the religious or belief body of which the person is a member— (a) is prescribed by virtue of section 94A(2A)(a)(i), or (b) has nominated members (whether or not including that person) under section 94B(1A).

Second registration of civil partnership

10

(1) The Civil Partnership Act 2004 is amended as follows.

(2) After section 97 insert—

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