2014 No. 212 (C. 18)
The Marriage and Civil Partnership (Scotland) Act 2014 (Commencement No. 2 and Saving Provisions) Order 2014
Made
Laid before the Scottish Parliament
Coming into force
The Scottish Ministers make the following Order in exercise of the powers conferred on them by section 36(2) and (3) of the Marriage and Civil Partnership (Scotland) Act 20141 and all other powers enabling them to do so.
Citation, commencement and interpretation1
1
This Order may be cited as the Marriage and Civil Partnership (Scotland) Act 2014 (Commencement No. 2 and Saving Provisions) Order 2014 and comes into force on 1st September 2014.
Appointed day2
1
Subject to article 3, the appointed day is 1st September 2014 for the provisions of the 2014 Act specified in column 1 of the Schedule (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 1st September 2014 for that purpose only.
Saving3
1
The Marriage (Prescription of Religious Bodies) (Scotland) Regulations 19775 continue to have effect despite the coming into force on 1st September 2014, for the purposes specified in the Schedule, of section 12(2) of the 2014 Act.
2
The abolition of the common law offence of bigamy by section 28(3) of the 2014 Act does not apply to—
a
any marriages or purported marriages entered into before 1st September 2014, and any prosecution in relation to such marriages or purported marriages where proceedings commence or after that date; or
b
any prosecution for the common law offence of bigamy where proceedings commenced before that date.
SCHEDULE
Column 1 | Column 2 | Column 3 |
|---|---|---|
Provision | Subject matter | Purpose |
Section 4(8) to (10) | Meaning of marriage and related expressions in enactments and documents | |
Section 6 | Jurisdiction in proceedings relating to same sex marriages | For the purpose of bringing into force the provisions of schedule 1 to the 2014 Act referred to in column 1. |
Section 9 | Power to modify meaning of “qualifying civil partnership” | |
Section 10 | Change of qualifying civil partnership into marriage | |
Section 11(5) and (6) | Effect of marriage between civil partners in a qualifying civil partnership | |
Section 12(2)(a) and (b) | Persons who may solemnise marriage, and qualifying requirements | For the purpose of making regulations under section 8(1)(a)(ii), (1B)(a)(i) and (1E) to (1G) of the 1977 Act. |
Section 13(2)(e) | Registration of nominated persons as celebrants, and qualifying requirements | For the purpose of making regulations under section 9(2A) to (2C) of the 1977 Act. |
Section 14(2) | Qualifying requirements for temporary authorisation of celebrants | For the purpose of making regulations under section 12(1D) to (1F) of the 1977 Act. |
Section 17 | Power of district registrar to require evidence of nationality: marriage | |
Section 18(2)(a) | The Marriage Schedule | |
Section 21 | Places at which civil marriages may be solemnised | |
Section 24(13) | Registration of civil partnership, and qualifying requirements | For the purpose of making regulations under section 94A(1)(a)(i) and (5), section 94B(3) and section 94E(4) of the 2004 Act. |
Section 24(15) | Registration of civil partnership | For the purpose of prescribing forms of notice referred to in section 95ZA(1) and (2) of the 2004 Act. |
Section 25 | Power of district registrar to require evidence of nationality: civil partnership | |
Section 28 | Bigamy | |
Section 29 | Change of gender of married persons or civil partners | For the purpose of bringing into force the provisions of schedule 2 to the 2014 Act referred to in column 1. |
Section 30 | Renewed marriage or civil partnership following issue of full gender recognition certificate | |
Section 33 | Form of register of marriages | |
Paragraph 1(4) of schedule 1 | Jurisdiction in relation to same sex marriages | For the purpose of making regulations under paragraph 2 of Schedule 1B to the Domicile and Matrimonial Proceedings Act 19736. |
Paragraph 7 of schedule 2 | Applications for change of gender by civil partners | For the purpose of making an order under section 5D of the GRA 2004. |
Paragraph 9(2)(b) of schedule 2 | Marriage and civil partnership registration following gender recognition | For the purpose of making regulations under paragraph 20A of Schedule 3 to the GRA 2004. |
Paragraph 15 of schedule 2 | Alternative grounds for granting applications for gender recognition | For the purpose of making an order under section 3C(5)(b)(ii) of the GRA 2004. |
Paragraph 17 of schedule 2 | Evidence for granting applications on alternative grounds | For the purpose of making an order under section 3D(6)(b) of the GRA 2004. |
(This note is not part of the Order)
(This note is not part of the Order)