The Marriage (Same Sex Couples) Act 2013 and Marriage and Civil Partnership (Scotland) Act 2014 (Consequential Provisions) Order 2014

Service Departments Registers Order 1959

2.—(1) The Service Departments Registers Order 1959(1) is amended as follows.

(2) Article 1(2) (application of order) is renumbered as article 1(1).

(3) In article 1(1)(a), for “solemnised” substitute “entered into”.

(4) After article 1(1) insert—

“(2) In this Order, “marriages” includes marriages which result from—

(a) the conversion of a civil partnership under section 9 of the Marriage (Same Sex Couples) Act 2013 and regulations made under that section; and

(b) the changing of a civil partnership formed under Part 3 of the Civil Partnership Act 2004 into a marriage under—

(i) the Marriage (Scotland) Act 1977(3);

(ii) the Marriage and Civil Partnership (Scotland) Act 2014; or

(iii) any relevant order.

(3) For the purposes of paragraph (2) “relevant order” means any order made under section 104 of the Scotland Act 1998 in consequence of the Marriage and Civil Partnership (Scotland) Act 2014 which provides for the change of a civil partnership in a country or territory outside the United Kingdom by—

(a) a member of Her Majesty’s forces (within the meaning of the Armed Forces Act 2006(4)) serving in the country or territory in which it is proposed they change their civil partnership;

(b) a civilian subject to service discipline within the meaning of the Armed Forces Act 2006 who is employed in that country or territory;

(c) a child of a person falling within paragraph (a) or (b) and whose home is with that person in that country or territory (including a person who is or has been treated as the child of a person (“P”) in relation to a marriage or civil partnership to which P is or was a party).”.

(5) In article 3(5) (qualified informants)—

(a) in paragraph (2)(b), omit “or”,

(b) after paragraph (2)(c) insert—

“(d) a person who has solemnised a marriage to which this Order applies under the Overseas Marriage (Armed Forces) Order 2014(6),

(e) a person who has carried out a conversion of a civil partnership into a marriage under section 9 of the Marriage (Same Sex Couples) Act 2013 and regulations made under that section, or

(f) a person who has carried out a change of a civil partnership into a marriage,”,

(c) in paragraph (4)(c)(i), omit “or”,

(d) for paragraph (4)(c)(ii) substitute—

“(ii) where the marriage is solemnised, the priest or other person conducting the ceremony;”,

(e) after paragraph (4)(c)(ii) insert—

“(iii) the person who has carried out a conversion of a civil partnership under section 9 of the Marriage (Same Sex Couples) Act 2013 and regulations made under that section; or

(iv) the person who has carried out a change of a civil partnership into a marriage;”, and

(f) after paragraph (6) insert—

“(7) For the purposes of this article a reference to a change of a civil partnership into a marriage is to be read in accordance with article 1(2)(b) and (3).”.

(1)

S.I. 1959/406.

(2)

Article 1 was amended by S.I.1988/1295 and S.I. 2005/3186.

(3)

1977 c. 15.

(4)

2006 c. 52.

(5)

Article 3 was amended by S.I. 2005/3186 and S.I. 2007/908.

(6)

S.I. 2014/1108.