This S.S.I. has been made in consequence of defects in S.S.I. 2014/212 and is being issued free of charge to all known recipients of that instrument.

2014 No. 218 (C. 19)

Civil Partnership

Gender Recognition

Marriage

The Marriage and Civil Partnership (Scotland) Act 2014 (Commencement No. 2 and Saving Provisions) Amendment Order 2014

Made7th August 2014

Laid before the Scottish Parliament11th August 2014

Coming into force1st September 2014

The Scottish Ministers make the following Order in exercise of the powers conferred by section 36(2) and (3) of the Marriage and Civil Partnership (Scotland) Act 20141 and all other powers enabling them to do so.

Citation and commencement1

This Order may be cited as the Marriage and Civil Partnership (Scotland) Act 2014 (Commencement No. 2 and Saving Provisions) Amendment Order 2014 and comes into force on 1st September 2014.

Amendment of the Commencement No. 2 and Saving Provisions Order2

1

The Marriage and Civil Partnership (Scotland) Act 2014 (Commencement No. 2 and Saving Provisions) Order 20142 is amended as follows.

2

In article 3(2)(a) (saving), after “commence” insert “on”.

3

For the Schedule substitute the Schedule in the Schedule to this Order.

ALEX NEILA member of the Scottish GovernmentSt Andrew’s House,Edinburgh7th August 2014

SCHEDULE

Article 2

SCHEDULE
Article 2
Column 1
Column 2
Column 3
Provision
Subject matter
Purpose
Section 4(8) to (10)
Meaning of marriage and related expressions in enactments and documents
Section 6
Jurisdiction in proceedings relating to same sex marriages
For the purpose of bringing into force the provisions of schedule 1 to the 2014 Act referred to in column 1.
Section 9
Power to modify meaning of “qualifying civil partnership”
Section 10
Change of qualifying civil partnership into marriage
Section 11(5) and (6)
Effect of marriage between civil partners in a qualifying civil partnership
Section 12(1)
Persons who may solemnise marriage, and qualifying requirements
For the purpose of bringing into force the other provisions of section 12 of the 2014 Act referred to in column 1.
Section 12(2)(a) and (b)
Persons who may solemnise marriage, and qualifying requirements
For the purpose of making regulations under section 8(1)(a)(ii), (1B)(a)(i) and (1E) of the 1977 Act.
Section 13(1)
Registration of nominated persons as celebrants, and qualifying requirements
For the purpose of bringing into force the other provision of section 13 of the 2014 Act referred to in column 1.
Section 13(2)(e)
Registration of nominated persons as celebrants, and qualifying requirements
For the purpose of making regulations under section 9(2A) of the 1977 Act.
Section 14(1)
Qualifying requirements for temporary authorisation of celebrants
For the purpose of bringing into force the other provision of section 14 of the 2014 Act referred to in column 1.
Section 14(2)
Qualifying requirements for temporary authorisation of celebrants
For the purpose of making regulations under section 12(1D) of the 1977 Act.
Section 17
Power of district registrar to require evidence of nationality: marriage
Section 18(2)(a)
The Marriage Schedule
Section 21
Places at which civil marriages may be solemnised
Section 24(1)
Registration of civil partnership, and qualifying requirements
For the purpose of bringing into force the other provisions of section 24 of the 2014 Act referred to in column 1.
Section 24(13)
Registration of civil partnership, and qualifying requirements
For the purpose of making regulations under section 94A(1)(a)(i) and (5), section 94B(3) and section 94E(4) of the 2004 Act.
Section 24(15)
Registration of civil partnership
For the purpose of prescribing forms of notice referred to in section 95ZA(1) and (2) of the 2004 Act.
Section 25
Power of district registrar to require evidence of nationality: civil partnership
Section 28
Bigamy
Section 29
Change of gender of married persons or civil partners
For the purpose of bringing into force the provisions of schedule 2 to the 2014 Act referred to in column 1.
Section 30
Renewed marriage or civil partnership following issue of full gender recognition certificate
Section 33
Form of register of marriages
Paragraph 1(1) of schedule 1
Jurisdiction in relation to same sex marriages
For the purpose of bringing into force the other provision of schedule 1 to the 2014 Act referred to in column 1.
Paragraph 1(4) of schedule 1
Jurisdiction in relation to same sex marriages
For the purpose of making regulations under paragraph 2 of Schedule 1B to the Domicile and Matrimonial Proceedings Act 19733.
Paragraph 1 of schedule 2
Introductory
For the purpose of bringing into force the other provisions of schedule 2 to the 2014 Act referred to in column 1.
Paragraph 7 of schedule 2
Applications for change of gender by civil partners
For the purpose of making an order under section 5D of the GRA 2004.
Paragraph 9(2)(b) of schedule 2
Marriage and civil partnership registration following gender recognition
For the purposes of making regulations under paragraph 20A(1) of Schedule 3 to the GRA 2004.
Paragraph 15 of schedule 2
Alternative grounds for granting applications for gender recognition
For the purpose of making an order under section 3C(5)(b)(ii) of the GRA 2004.
Paragraph 17 of schedule 2
Evidence for granting applications on alternative grounds
For the purpose of making an order under section 3D(6)(b) of the GRA 2004.

Column 1	Column 2	Column 3
Provision	Subject matter	Purpose
Section 4(8) to (10)	Meaning of marriage and related expressions in enactments and documents
Section 6	Jurisdiction in proceedings relating to same sex marriages	For the purpose of bringing into force the provisions of schedule 1 to the 2014 Act referred to in column 1.
Section 9	Power to modify meaning of “qualifying civil partnership”
Section 10	Change of qualifying civil partnership into marriage
Section 11(5) and (6)	Effect of marriage between civil partners in a qualifying civil partnership
Section 12(1)	Persons who may solemnise marriage, and qualifying requirements	For the purpose of bringing into force the other provisions of section 12 of the 2014 Act referred to in column 1.
Section 12(2)(a) and (b)	Persons who may solemnise marriage, and qualifying requirements	For the purpose of making regulations under section 8(1)(a)(ii), (1B)(a)(i) and (1E) of the 1977 Act.
Section 13(1)	Registration of nominated persons as celebrants, and qualifying requirements	For the purpose of bringing into force the other provision of section 13 of the 2014 Act referred to in column 1.
Section 13(2)(e)	Registration of nominated persons as celebrants, and qualifying requirements	For the purpose of making regulations under section 9(2A) of the 1977 Act.
Section 14(1)	Qualifying requirements for temporary authorisation of celebrants	For the purpose of bringing into force the other provision of section 14 of the 2014 Act referred to in column 1.
Section 14(2)	Qualifying requirements for temporary authorisation of celebrants	For the purpose of making regulations under section 12(1D) of the 1977 Act.
Section 17	Power of district registrar to require evidence of nationality: marriage
Section 18(2)(a)	The Marriage Schedule
Section 21	Places at which civil marriages may be solemnised
Section 24(1)	Registration of civil partnership, and qualifying requirements	For the purpose of bringing into force the other provisions of section 24 of the 2014 Act referred to in column 1.
Section 24(13)	Registration of civil partnership, and qualifying requirements	For the purpose of making regulations under section 94A(1)(a)(i) and (5), section 94B(3) and section 94E(4) of the 2004 Act.
Section 24(15)	Registration of civil partnership	For the purpose of prescribing forms of notice referred to in section 95ZA(1) and (2) of the 2004 Act.
Section 25	Power of district registrar to require evidence of nationality: civil partnership
Section 28	Bigamy
Section 29	Change of gender of married persons or civil partners	For the purpose of bringing into force the provisions of schedule 2 to the 2014 Act referred to in column 1.
Section 30	Renewed marriage or civil partnership following issue of full gender recognition certificate
Section 33	Form of register of marriages
Paragraph 1(1) of schedule 1	Jurisdiction in relation to same sex marriages	For the purpose of bringing into force the other provision of schedule 1 to the 2014 Act referred to in column 1.
Paragraph 1(4) of schedule 1	Jurisdiction in relation to same sex marriages	For the purpose of making regulations under paragraph 2 of Schedule 1B to the Domicile and Matrimonial Proceedings Act 19733.
Paragraph 1 of schedule 2	Introductory	For the purpose of bringing into force the other provisions of schedule 2 to the 2014 Act referred to in column 1.
Paragraph 7 of schedule 2	Applications for change of gender by civil partners	For the purpose of making an order under section 5D of the GRA 2004.
Paragraph 9(2)(b) of schedule 2	Marriage and civil partnership registration following gender recognition	For the purposes of making regulations under paragraph 20A(1) of Schedule 3 to the GRA 2004.
Paragraph 15 of schedule 2	Alternative grounds for granting applications for gender recognition	For the purpose of making an order under section 3C(5)(b)(ii) of the GRA 2004.
Paragraph 17 of schedule 2	Evidence for granting applications on alternative grounds	For the purpose of making an order under section 3D(6)(b) of the GRA 2004.

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends errors in the saving provisions in, and Schedule to, the Marriage and Civil Partnership (Scotland) Act 2014 (Commencement No. 2 and Saving Provisions) Order 2014.