- Latest available (Revised)
- Original (As enacted)
This is the original version (as it was originally enacted).
(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.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: