PART 1MARRIAGE

CHAPTER 2MARRIAGE BETWEEN CIVIL PARTNERS IN QUALIFYING CIVIL PARTNERSHIPS

10Change of qualifying civil partnership into marriage

1

The Scottish Ministers may by regulations make provision to establish a procedure for the parties to a qualifying civil partnership to change their civil partnership into a marriage.

2

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

a

about the making by the parties to a qualifying civil partnership of an application to change their civil partnership into a marriage,

b

about the information to be provided in support of an application,

c

about the provision of evidence in support of an application,

d

for persons who have made an application to appear before any person or appear at any place,

e

conferring functions on persons in relation to applications,

f

for fees, of such amounts as are specified in or determined in accordance with the regulations, to be payable in respect of—

i

the making of an application,

ii

the exercise of any function conferred by virtue of paragraph (e).

3

Functions conferred by virtue of subsection (2)(e) may include functions relating to—

a

the recording of information relating to qualifying civil partnerships changing into marriages,

b

the issuing of certified copies of any information recorded.

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 consequential, supplementary, incidental, transitional, transitory or saving provision,

c

may modify any enactment (including this Act),

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.

7

In this section “qualifying civil partnership” has the meaning given by section 5(6) of the 1977 Act (inserted by section 8(3)(b) of this Act).