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1(1)The Secretary of State may, by order, provide that, under the law of Scotland, a marriage of a same sex couple under the law of England and Wales is to be treated as a civil partnership formed under the law of England and Wales (and that, accordingly, the spouses are to be treated as civil partners).
(2)The Secretary of State may by order—
(a)provide for the treatment of a marriage as a civil partnership (by virtue of an order under sub-paragraph (1)) to have effect subject to provision made by the order;
(b)specify cases in which a marriage is not to be treated as a civil partnership by virtue of an order under sub-paragraph (1).
(3)The power conferred by sub-paragraph (1) may only be exercised if marriage of same sex couples is not lawful under the law of Scotland.
(4)If marriage of same sex couples becomes lawful under the law of Scotland, that does not—
(a)affect the validity of any order made under this paragraph; or
(b)prevent the revocation of any such order (with or without transitional, transitory or saving provision being made) using the powers conferred by this paragraph.
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