The Marriage (Same Sex Couples) Act 2013 (Consequential and Contrary Provisions and Scotland) and Marriage and Civil Partnership (Scotland) Act 2014 (Consequential Provisions) Order 2014

Transitional and saving provision relating to article 4

This adran has no associated Memorandwm Esboniadol

5.—(1) The revocation of article 5 of the Marriage (Same Sex Couples) Act 2013 (Consequential and Contrary Provisions and Scotland) Order 2014 does not affect—

(a)anything done prior to the date of revocation by one or both of the deemed civil partners—

(i)in relation to the deemed civil partnership, or

(ii)otherwise as a deemed civil partner,

(b)anything done prior to the date of revocation by any other person in relation to—

(i)a deemed civil partnership, or

(ii)one or both of the deemed civil partners (as a deemed civil partner), or

(c)any relevant court proceedings which have concluded prior to the date of revocation.

(2) Anything done prior to the date of revocation—

(a)by one or both of the deemed civil partners (as a deemed civil partner) is to be treated on or after the date of revocation as if it had been done by that person or those persons as a married person or as a married couple, or

(b)by any other person in relation to a deemed civil partnership, or in relation to one or both of the deemed civil partners (as a deemed civil partner), is to be treated on or after the date of revocation as if it had been done by the other person in relation to a marriage or in relation to that person or those persons as a married person or as a married couple.

(3) In any relevant court proceedings which have not concluded prior to the date of revocation and in any document made prior to the date of revocation—

(a)a reference to a deemed civil partnership has effect on or after the date of revocation as, or as including, a reference to a marriage, and

(b)a reference to one or both of the deemed civil partners has effect on or after the date of revocation as, or as including, a reference to that person or those persons as a married person or as a married couple.

(4) In its application to a document made prior to the date of revocation, paragraph (3) is subject to any contrary intention appearing from the document.

(5) A reference in this article to anything done includes a reference to anything not done.

(6) In this article—

(a)“date of revocation” means 16th December 2014,

(b)“deemed civil partnership” refers to a marriage of a same sex couple under the law of England and Wales which has been treated as a civil partnership under the law of Scotland by virtue of article 5 of the Marriage (Same Sex Couples) Act 2013 (Consequential and Contrary Provisions and Scotland) Order 2014, and “deemed civil partner” is to be construed accordingly,

(c)“document” has the same meaning as in Schedule 1 to the Interpretation and Legislative Reform (Scotland) Act 2010(1),

(d)“relevant court proceedings” means any proceedings in a court or tribunal commenced prior to the date of revocation which concern—

(i)a deemed civil partnership, or

(ii)one or both of the deemed civil partners (as a deemed civil partner).