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

Registration of Births, Deaths and Marriages (Special Provisions) Act 1957

4.—(1) The Registration of Births, Deaths and Marriages (Special Provisions) Act 1957(1) is amended as follows.

(2) In section 1(2) (records of deaths, births and marriages among armed forces and service civilians and their families overseas)—

(a) in subsection (1), for “solemnised” substitute “entered into”, and

(b) for subsection (6), substitute—

“(6) In this section—

“civilian subject to service discipline” has the same meaning as in the Armed Forces Act 2006, and

“marriages” includes a marriage resulting from—

(a)

the 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,

(b)

the changing of a civil partnership formed under Part 3 of the Civil Partnership Act 2004(3) into a marriage under any order made under section 104 of the Scotland Act 1998 in consequence of the Marriage and Civil Partnership (Scotland) Act 2014(4).”.

(3) In section 3(5) (general provisions as to service departments records)—

(a) after “1874” in both places it occurs insert “or of any relevant order,”,

(b) in subsection (2) for “and marriages” substitute “, marriages and civil partnerships”, and

(c) after subsection (3) insert—

“(4) In this section “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 formed under Part 3 of the Civil Partnership Act 2004 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) 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.”.

(1)

1957 c. 58.

(2)

Section 1(1) was amended by the Civil Partnership Act 2004 (c. 33), Schedule 27, paragraph 21 and by the Armed Forces Act 2006, Schedule 16, paragraph 39(1) and (2). Section 1(6) was substituted for subsection (5) as originally enacted by the Armed Forces Act 2006, Schedule 16, paragraph 39(1) and (4). There are other amendments to section 1 not relevant to this Order.

(3)

2004 c. 33.

(4)

2014 asp 5.

(5)

Section 3(3) was amended by S.I. 2002/1419.