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

Made: 10th November 2005

Laid before the Scottish Parliament: 11th November 2005

Coming into force: 5th December 2005

The Scottish Ministers, in exercise of the powers conferred by section 259(1) and (2) of the Civil Partnership Act 2004 and of all other powers enabling them in that behalf, hereby make the following Order:

Citation, commencement, interpretation and extent

1

• (1) This Order may be cited as the Civil Partnership (Overseas Relationships) (Scotland) Order 2005 and shall come into force on 5th December 2005.

• (2) In this Order–

• “the Act” means the Civil Partnership Act 2004; and

• “recognised overseas relationship” means an overseas relationship which is treated as a civil partnership pursuant to chapter 2 of Part 5 of the Act.

• (3) This Order shall extend to Scotland only.

Overseas relationships dissolved etc. before commencement treated as civil partnerships

2

The following provisions are specified for the purpose of section 215(5)(b) of the Act (overseas relationships treated as civil partnerships: the general rule)–

• (a) section 2 (Marriage of related persons) and section 3 (Notice of intention to marry) of and Schedule 1 (Degrees of Relationship) to the Marriage (Scotland) Act 1977 ;

• (b) the Damages (Scotland) Act 1976 ; and

• (c) section 86 (Eligibility) and section 88 (Notice of proposed civil partnership) of and Schedule 10 (Forbidden Degrees of Relationship: Scotland) to the Act.

Transitional provision relating to overseas relationships

3

Section 212 of the Act shall apply for the purpose of determining whether a relationship entered into before 5th December 2005 is an overseas relationship as though for the words in subsection (1)(b) from “and” to the end of the subsection there were substituted–

(ii) neither of whom is lawfully married or a party to a recognised overseas relationship registered under the relevant law before the relationship concerned was entered into; and (iii) neither of whom is on 5th December a party to a marriage which on the date of its celebration was valid according to the law of Scotland (including its rules of private international law).

Signed

HUGH HENRY — Authorised to sign by the Scottish Ministers — 2005-11-10

Explanatory note

(This note is not part of the Order)

Footnotes

[^f00001]: 2004 c. 33.

[^f00002]: 1977 c. 15; section 2 was amended by the Law Reform (Parent and Child) (Scotland) Act 1986 (c. 9), Schedule 1, paragraph 17 and Schedule 2 and by the Marriage (Prohibited Degrees of Relationship) Act 1986 (c. 16), Schedule 2; section 3 was amended by the Marriage (Prohibited Degrees of Relationship) Act 1986, Schedule 2 and by the Family Law Act 1986 (c. 55), Schedule 1, paragraph 21; Schedule 1 was amended by the Marriage (Prohibited Degrees of Relationship) Act 1986, Schedule 2.

[^f00003]: 1976 c. 13. Relevantly amended by the Administration of Justice Act 1982, section 14(4) and 73(5) and the Law Reform (Parent and Child) (Scotland) Act 1986, sections 9, 10(1) and Schedule 1, paragraph 15.

Editorial notes

[^c12530281]: 2004 c. 33.

[^c12530291]: 1977 c. 15; section 2 was amended by the Law Reform (Parent and Child) (Scotland) Act 1986 (c. 9), Schedule 1, paragraph 17 and Schedule 2 and by the Marriage (Prohibited Degrees of Relationship) Act 1986 (c. 16), Schedule 2; section 3 was amended by the Marriage (Prohibited Degrees of Relationship) Act 1986, Schedule 2 and by the Family Law Act 1986 (c. 55), Schedule 1, paragraph 21; Schedule 1 was amended by the Marriage (Prohibited Degrees of Relationship) Act 1986, Schedule 2.

[^c12530301]: 1976 c. 13. Relevantly amended by the Administration of Justice Act 1982, section 14(4) and 73(5) and the Law Reform (Parent and Child) (Scotland) Act 1986, sections 9, 10(1) and Schedule 1, paragraph 15.

[^key-b72541ffbcf1714e24975d56b44682e9]: Art. 3 restricted (1.2.2021) by The Civil Partnership (Scotland) Act 2020 (Commencement No. 3, Saving and Transitional Provision) Regulations 2021 (S.S.I. 2021/23), regs. 1(2), 4