Marriage and Civil Partnership (Scotland) Act 2014 (asp 5)

PART 1 S MARRIAGE

CHAPTER 1 S SAME SEX MARRIAGE

1 Marriage of related persons S

(1) The Marriage (Scotland) Act 1977 (“the 1977 Act”) is amended as follows.

(2) In section 2 (marriage of related persons)—

(a) for subsection (1) substitute—

“(1) Subject to subsection (1A), a marriage between persons who are related to each other in a forbidden degree is void if solemnised—

(a) in Scotland; or

(b) at a time when either party is domiciled in Scotland.

(1ZA) For the purposes of subsection (1), a person is related to another person in a forbidden degree if related to that person in a degree specified in Schedule 1.”,

(b) in subsection (1A), for the words from the beginning to “paragraph,” substitute “ A person who is related to another person in a degree specified in paragraph 2 of Schedule 1 (relationships by affinity) is not related to that person in a forbidden degree ”,

(c) after subsection (1A) insert—

“(1C) For the purposes of paragraph 2 of Schedule 1, “spouse” means—

(a) in the case of a marriage between persons of different sexes, a wife in relation to her husband or a husband in relation to his wife; and

(b) in the case of a marriage between persons of the same sex, one of the parties to the marriage in relation to the other.”,

(d) in subsection (7)—

(i) for “those provisions” substitute “ subsection (1C)(a) as it applies to paragraph 2 of Schedule 1 ”, and

(ii) the word “former” in each place where it appears is repealed, and

(e) in subsection (7A)—

(i) for “mother” substitute “ parent ”, and

(ii) the words “in either column” are repealed.

(3) For schedule 1 substitute—

“SCHEDULE 1 S DEGREES OF RELATIONSHIP

(introduced by section 2)

1 Relationships by consanguinity

• Parent

• Child

• Grandparent

• Grandchild

• Sibling

• Aunt or uncle

• Niece or nephew

• Great-grandparent

• Great-grandchild

2 Relationships by affinity referred to in section 2(1A)

• Child of former spouse

• Child of former civil partner

• Former spouse of parent

• Former civil partner of parent

• Former spouse of grandparent

• Former civil partner of grandparent

• Grandchild of former spouse

• Grandchild of former civil partner

3 Relationships by adoption

• Adoptive parent or former adoptive parent

• Adopted child or former adopted child.”.

Commencement Information

I1 S. 1 in force at 16.12.2014 by S.S.I. 2014/287, art. 3, Sch.