Part 1 – English and Welsh marriages of same sex couples: treatment in Scotland and Northern Ireland
96.Paragraph 1 gives the Secretary of State a power to make an order, after obtaining the consent of the Scottish Ministers, to provide that marriages of same sex couples solemnized under the law of England and Wales are to be treated under the law of Scotland as civil partnerships. This power could be used in the event that, when marriage of same sex couples becomes lawful in England and Wales, it is not lawful in Scotland. Without legal recognition of their status, a same sex couple who married in London, for example, and subsequently moved to Glasgow would not be recognised as being in any legal relationship.
97.The Secretary of State may also make a supplementary order to vary or undo this treatment as a civil partnership in particular circumstances. An order for treating marriages of same sex couples solemnized in England and Wales as civil partnerships cannot be made if marriage of same sex couples has become lawful in Scotland. However, an order that has been made will continue to be valid even if marriage of same sex couples becomes lawful in Scotland, though at that point the order could be revoked. This means that couples treated as civil partners during the period between this Act coming into force and any Scottish legislation coming into force would not retrospectively lose rights acquired as civil partners during that period. Any order made under the Act which would otherwise be within the legislative competence of the Scottish Parliament will be subject to the consent of Scottish Ministers.
98.Paragraph 2 provides that marriages of a same sex couples solemnized under the law of England and Wales are to be treated under the law of Northern Ireland as civil partnerships. This is to deal with the situation that, though marriage of same sex couples will be lawful in England and Wales, it is not lawful in Northern Ireland. Without legal recognition of their status, a same sex couple who married in London, for example, and subsequently moved to Belfast would not be recognised as being in any legal relationship.
99.The Secretary of State may also make a supplementary order to vary or undo this treatment as a civil partnership in particular circumstances. Any order made by the Secretary of State or Lord Chancellor under the Act which would otherwise be within the legislative competence of the Northern Ireland Assembly will be subject to the consent of the Department of Finance and Personnel.
