Marriage and Civil Partnership (Scotland) Act 2014

1. Introductory Text

2. PART 1 MARRIAGE

   1. CHAPTER 1 SAME SEX MARRIAGE

      1. 1. Marriage of related persons

      2. 2. Objections to marriage

      3. 3. Preliminaries to marriage

      4. 4. Meaning of marriage and related expressions in enactments and documents

      5. 5. Same sex marriage: further provision

      6. 6. Jurisdiction in proceedings relating to same sex marriages

      7. 7. Reset: abolition of defence

   2. CHAPTER 2 MARRIAGE BETWEEN CIVIL PARTNERS IN QUALIFYING CIVIL PARTNERSHIPS

      1. 8. Marriage between civil partners in qualifying civil partnerships

      2. 9. Power to modify meaning of “qualifying civil partnership”

      3. 10. Change of qualifying civil partnership into marriage

      4. 11. Effect of marriage between civil partners in a qualifying civil partnership

   3. CHAPTER 3 SOLEMNISATION OF MARRIAGE

      1. 12. Persons who may solemnise marriage

      2. 13. Registration of nominated persons as celebrants

      3. 14. Temporary authorisation of celebrants

      4. 15. Religious or belief marriage: further provision

   4. CHAPTER 4 SAME SEX MARRIAGE: PROTECTION OF FREEDOM OF EXPRESSION ETC.

      1. 16. Same sex marriage: protection of freedom of expression etc.

   5. CHAPTER 5 OTHER CHANGES TO MARRIAGE PROCEDURE

      1. 17. Power of district registrar to require evidence of nationality: marriage

      2. 18. The Marriage Schedule

      3. 19. Marriage outside Scotland: evidence of dissolution of former civil partnership

      4. 20. Religious marriages: solemnisation by Church of Scotland deacons

      5. 21. Places at which civil marriages may be solemnised

      6. 22. Second marriage ceremony: form of endorsement

   6. CHAPTER 6 SHERIFF COURT JURISDICTION IN RELATION TO DECLARATOR OF MARRIAGE

      1. 23. Sheriff court jurisdiction in relation to declarator of marriage

3. PART 2 CIVIL PARTNERSHIP

   1. 24. Registration of civil partnership

   2. 25. Power of district registrar to require evidence of nationality: civil partnership

   3. 26. Recognition of overseas relationships

   4. 27. Dissolution of civil partnership: evidence

4. PART 3 MARRIAGE AND CIVIL PARTNERSHIP: OTHER PROVISION

   1. 28. Bigamy

5. PART 4 CHANGE OF GENDER OF MARRIED PERSONS OR CIVIL PARTNERS

   1. 29. Change of gender of married persons or civil partners

   2. 30. Renewed marriage or civil partnership following issue of full gender recognition certificate

   3. 31. Grounds of divorce: interim gender recognition certificate followed by full certificate

6. PART 5 REGISTRATION SERVICES

   1. 32. Provision of certain information to district registrars

   2. 33. Form of register of marriages

7. PART 6 GENERAL PROVISIONS

   1. 34. Interpretation

   2. 35. Ancillary provision

   3. 36. Commencement

   4. 37. Short title

8. 1. SCHEDULE 1

      JURISDICTION IN PROCEEDINGS RELATING TO SAME SEX MARRIAGES

      1. Domicile and Matrimonial Proceedings Act 1973

         1. 1. (1) The Domicile and Matrimonial Proceedings Act 1973 is amended...

      2. Presumption of Death (Scotland) Act 1977

         1. 2. In section 1 of the Presumption of Death (Scotland) Act...

   2. SCHEDULE 2

      CHANGE OF GENDER OF MARRIED PERSONS OR CIVIL PARTNERS

      1. PART 1 APPLICATIONS BY MARRIED PERSONS AND CIVIL PARTNERS

         1. Introductory

            1. 1. The Gender Recognition Act 2004 is amended in accordance with...

         2. Interpretation

            1. 2. In section 25 (interpretation)— (a) the existing words become subsection...

         3. Evidence

            1. 3. In section 3 (evidence), before subsection (7) insert—

         4. Successful applications

            1. 4. In section 4 (successful applications)— (a) after subsection (1) insert—...

         5. Issue of full gender recognition certificate after interim certificate: applicant married

            1. 5. Before section 5 insert— Married person with interim certificate: issue...

         6. Issue of full gender recognition certificate after interim certificate: grounds of divorce

            1. 6. In section 5 (issue of full certificates where applicant has...

         7. Applications by both civil partners

            1. 7. Before section 6 insert— Protected Scottish civil partnership: applications by...

         8. Appeals etc.

            1. 8. In section 8 (appeals etc.)— (a) in subsection (1), before...

         9. Registration

            1. 9. (1) In section 10 (registration), before subsection (2) insert—

         10. Continuity of marriage

             1. 10. Before section 12 insert— Continuity of marriage: Scotland (1) This section applies in relation to a protected Scottish...

         11. Continuity of civil partnership

             1. 11. After section 11C (inserted by paragraph 10) insert— Continuity of...

         12. Foreign gender change and marriage

             1. 12. In section 21 (foreign gender change and marriage), subsections (2)...

      2. PART 2 ALTERNATIVE GROUNDS FOR GRANTING APPLICATIONS FOR GENDER RECOGNITION CERTIFICATES

         1. Introductory

            1. 13. The Gender Recognition Act 2004 is further amended in accordance...

         2. Alternative grounds for granting applications

            1. 14. In section 2 (determination of applications), after subsection (3A) insert—...

            2. 15. After section 3B insert— Alternative grounds for granting applications: Scotland...

         3. Evidence for granting applications on alternative grounds

            1. 16. In section 3 (evidence), after subsection (9) insert—

            2. 17. After section 3C (inserted by paragraph 15) insert— Evidence for...

         4. Membership of Panels determining applications on alternative grounds

            1. 18. In schedule 1 (Gender Recognition Panels), in paragraph 4, after...

      3. PART 3 CONSEQUENTIAL AMENDMENTS

         1. 19. (1) In section 7(1) (applications: supplementary), before “5(2)” insert “...