The Civil Partnership (Scotland) Act 2020 (Commencement No. 2) Regulations 2020

Scottish Statutory Instruments

2020 No. 457 (C. 43)

Civil Partnership

The Civil Partnership (Scotland) Act 2020 (Commencement No. 2) Regulations 2020

Made

21st December 2020

Laid before the Scottish Parliament

23rd December 2020

Coming into force

18th January 2021

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 16(2) of the Civil Partnership (Scotland) Act 2020(1) and all other powers enabling them to do so.

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Civil Partnership (Scotland) Act 2020 (Commencement No. 2) Regulations 2020 and come into force on 18 January 2021.

(2) In these Regulations, “the 2004 Act” means the Civil Partnership Act 2004(2).

Provisions coming into force on 18 January 2021

2.  18 January 2021 is the day appointed for the coming into force of the following provisions of the Civil Partnership (Scotland) Act 2020—

(a) section 2(1), (3)(f) and (4)(b) (recognition of overseas different sex relationships), but only for the purpose of making regulations under sections 213(7)(3) and 215(3B)(4) of the 2004 Act,

(b) section 7(1), (2)(b) and (2)(f) (persons who may register civil partnerships between persons of different sexes), but only for the purpose of making regulations under section 94A(2A)(a)(i) of the 2004 Act(5), and

(c) section 14 and paragraph 5(1) and (19)(b) of schedule 2 (registration of qualifying civil partnerships following issue of full gender recognition certificate), but only for the purpose of modifying the power to make regulations under paragraph 20A(1) of schedule 3 of the Gender Recognition Act 2004(6).

SHIRLEY-ANNE SOMERVILLE

A member of the Scottish Government

St Andrew’s House,

Edinburgh

21st December 2020

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations bring into force section 2(1), (3)(f) and (4)(b), section 7(1), (2)(b) and (2)(f), and paragraph 5(1) and (19)(b) of schedule 2 of the Civil Partnership (Scotland) Act 2020 for the purpose of making regulations under powers conferred, or modified, by those provisions.

The Civil Partnership (Scotland) Act 2020 received Royal Assent on 28 July 2020. Sections 15, 16 and 17 came into force the following day.

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Regulations)

Provision	Date of Commencement	S.S.I. No.
Section 1 (partially)	1 February 2021	2020/414
Section 2 (partially)	1 February 2021	2020/414
Section 3	1 February 2021	2020/414
Section 11 (partially)	1 February 2021	2020/414
Schedule 1 (partially)	1 February 2021	2020/414

(1)

2020 asp 15 (“the 2020 Act”).

(2)

2004 c.33.

(3)

Section 213(7) is inserted by section 2(3)(f) of the 2020 Act. Section 213, in so far as relevant to Scotland, has previously been amended by paragraph 6 of the schedule of S.I. 2010/1839.

(4)

Section 215(3B) is inserted by section 2(4)(b) of the 2020 Act.

(5)

Section 94A was inserted by section 24(13) of the Marriage and Civil Partnership (Scotland) Act 2014 (asp 5) (“the 2014 Act”). Subsection (2A) is inserted by section 7(2)(b) of the 2020 Act.

(6)

2004 c.7. Paragraph 20A was inserted by paragraph 9(2)(b) of schedule 2 of the 2014 Act, and is amended by paragraph 5(19) of schedule 2 of the 2020 Act.