The Marriage and Civil Partnership (Scotland) Act 2014 and Civil Partnership Act 2004 (Consequential Provisions and Modifications) Order 2014

Interpretation: existing Scottish legislation

2.—(1) 1In existing Scottish legislation—

(a) a reference to marriage is to be read as including a reference to marriage of a same sex couple;

(b) a reference to a married couple is to be read as including a reference to a married same sex couple;

(c) a reference to a person who is married is to be read as including a reference to a person who is married to a person of the same sex.

(2) In existing Scottish legislation—

(a) a reference to persons who are not married but are living together as a married couple is to be read as including a reference to a same sex couple who are not married but are living together as a married couple;

(b) a reference to a person who is living with another person as if they were married is to be read as including a reference to a person who is living with another person of the same sex as if they were married.

(3) Where sub-paragraph (1) or (2) requires a reference to be read in a particular way, any related reference (such as a reference to a marriage that has ended, or a reference to a person whose marriage has ended) is to be read accordingly.

(4) For the purposes of sub-paragraphs (1) to (3) it does not matter how the reference is expressed.

(5) Sub-paragraph (6) applies to existing Scottish legislation which deals differently with—

(a) a man and a woman living together as if married; and

(b) two men, or two women, living together as if civil partners.

(6) If two men, or two women, are living together as if married, that legislation applies to them in the way that it would apply to them if they were living together as civil partners.

(7) This paragraph does not limit paragraph 1(1) or 1(2).