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

Citation, commencement and interpretation

1.—(1) This Order may be cited as 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.

(2) Subject to paragraph (3), this Order comes into force on 10th December 2014.

(3) The following provisions come into force on 16th December 2014—

(a) articles 4 and 5, and article 6 so far as it relates to those articles,

(b) so far as they extend to Scotland, the amendment to the Registration of Births, Deaths and Marriages (Special Provisions) Act 1957(1) at paragraph 4 of the Schedule and articles 2 and 6 so far as they relate to that amendment.

(4) In this Order “the Act” means the Marriage (Same Sex Couples) Act 2013.

Consequential amendments to Acts of Parliament

2.  The Schedule to this Order (which amends Acts of Parliament in consequence of the Act, the Marriage and Civil Partnership (Scotland) Act 2014(2) and the Civil Partnership Act 2004) has effect.

Contrary provision to section 11(1) and (2) of, and paragraphs 1 to 3 of Schedule 3 to, the Act

3.  Section 11(1) and (2) of, and paragraphs 1 to 3 of Schedule 3 to, the Act do not apply to Schedule 1, Part D, rule D.3, paragraph (4) and Schedule 2, Part C, rule C.2, paragraphs (4) and (5) to the Reserve Forces Non Regular Permanent Staff (Pension and Attributable Benefits Schemes) Regulations 2011(3).

Revocation of article 5 of the Marriage (Same Sex Couples) Act 2013 (Consequential and Contrary Provisions and Scotland) Order 2014

4.  Article 5 of the Marriage (Same Sex Couples) Act 2013 (Consequential and Contrary Provisions and Scotland) Order 2014(4) is revoked.

Transitional and saving provision relating to article 4

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(5),

(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).

Extent

6.—(1) Subject to paragraph 2, this Order extends to England and Wales only.

(2) The following provisions extend also to Scotland—

(a) article 1,

(b) articles 4 and 5,

(c) this article, and

(d) the amendment to the Registration of Births, Deaths and Marriages Act 1957 at paragraph 4 of the Schedule, and article 2 so far as it relates to that paragraph.

Nicky Morgan

Secretary of State for Education and Minister for Women and Equalities

Department for Education

27th November 2014