2022 No. 74
The Civil Partnership (Scotland) Act 2020 and Marriage and Civil Partnership (Scotland) Act 2014 (Consequential Modifications) Order 2022
Made
Coming into force
The Secretary of State makes the following Order in exercise of the powers conferred by sections 104, 112(1) and 113(5) of the Scotland Act 19981.
In accordance with paragraphs 1, 2 and 3 of Schedule 7 to the Scotland Act 1998, a draft of this Order has been laid before, and approved by resolution of, each House of Parliament.
Citation and commencement1
This Order may be cited as the Civil Partnership (Scotland) Act 2020 and Marriage and Civil Partnership (Scotland) Act 2014 (Consequential Modifications) Order 2022 and comes into force on the day after the day on which it is made.
Extent2
1
Subject to paragraphs (2) to (4), this Order extends to England and Wales, Scotland and Northern Ireland.
2
Paragraph 3 of Schedule 1 and paragraph 2 of Schedule 2 extend only to England and Wales and Scotland.
3
Paragraphs 1(4) and (5) of Schedule 1 extend only to England and Wales and Northern Ireland.
4
Paragraph 1(3) of Schedule 1 extends only to Scotland.
Consequential modifications3
Schedules 1 and 2 (which make consequential modifications to primary and secondary legislation respectively) have effect.
SCHEDULE 1CONSEQUENTIAL MODIFICATIONS TO PRIMARY LEGISLATION
Gender Recognition Act 20041
1
The Gender Recognition Act 20042 is amended as follows.
2
In section 3F (evidence for granting applications on alternative grounds: Scotland (English and Welsh and Northern Ireland residents)3—
a
for subsection (7) substitute—
7
If the applicant is—
a
married, the application must include a statutory declaration as to whether the marriage is a protected Scottish marriage;
b
a party to a civil partnership, the application must include a statutory declaration as to whether the civil partnership is a protected Scottish civil partnership.
b
after subsection (8) insert—
8A
If the applicant is a party to a protected Scottish civil partnership, the application must also include—
a
a statutory declaration by the applicant’s civil partner that the civil partner consents to the civil partnership continuing after the issue of a full gender recognition certificate (“a statutory declaration of consent”) (if the civil partner has made such a declaration); or
b
a statutory declaration by the applicant that no such declaration by the applicant’s civil partner is included.
c
in subsection (9)—
i
after “applicant’s spouse” insert “or (as the case may be) civil partner”
,
ii
after “the spouse” insert “or civil partner”
.
3
In section 11B (change in gender of civil partner)4, for subsection (3) substitute—
3
If the protected civil partnership is a protected overseas relationship—
a
the continuity of the civil partnership continues by virtue of subsection (2) notwithstanding any impediment under the relevant law;
b
the relevant law is not affected by the continuation of the civil partnership by virtue of subsection (2).
4
In section 11D (continuity of civil partnership: Scotland)5, for the words from “full” to the end substitute “a full gender recognition certificate to either (or both) of the civil partners.”
.
5
In section 25 (interpretation)6 before the definition of “registered psychologist” insert—
“protected Scottish civil partnership” means a civil partnership registered in Scotland,
“protected Scottish marriage” means a marriage solemnised in Scotland,
Human Fertilisation and Embryology Act 20082
1
The Human Fertilisation and Embryology Act 20087 is amended as follows.
2
In section 38(3) (further provision applicable where a person is to be treated as the father of the child by virtue of sections 35 and 36), at the end insert “or civil partnership”
.
3
In section 45(3) (further provision applicable where a woman is treated as a parent of the child by virtue of sections 42 and 43), at the end insert “or civil partnership”
.
Equality Act 20103
1
The Equality Act 20108 is amended as follows.
2
In section 110 (liability of employees and agents)—
a
after subsection (5C)9, insert—
5CA
A does not contravene this section by refusing to solemnise a relevant Scottish marriage for the reason that the marriage is the marriage of two persons of the opposite sex who are in a civil partnership with each other.
b
in subsection (5D), for “the civil partnership is between two persons of the same sex” substitute “A does not wish to register civil partnerships generally, or those between two persons of the same sex, or those between two persons of the opposite sex”
,
c
in subsection (5E), after “(5C)” insert “, (5CA)”
.
3
In Schedule 3 the heading of Part 6B (Marriage of same sex couples and civil partnership: Scotland)10 becomes “CIVIL PARTNERSHIP, MARRIAGE OF SAME SEX COUPLES AND MARRIAGE OF CIVIL PARTNERS: SCOTLAND”
.
4
In paragraph 25B of Schedule 3 (marriage of same sex couples and civil partnership: Scotland)11—
a
after sub-paragraph (1), insert—
1A
An approved celebrant does not contravene section 29 only by refusing to solemnise a relevant Scottish marriage for the reason that the marriage is the marriage of two persons of the opposite sex who are in a civil partnership with each other.
b
in sub-paragraph (2), for “the civil partnership is between two persons of the same sex” substitute “the approved celebrant does not wish to register civil partnerships generally, or those between two persons of the same sex, or those between two persons of the opposite sex”
,
c
after sub-paragraph (3), insert—
3A
A person does not contravene section 29 only by refusing to participate in a religious or belief ceremony forming part of, or connected with, the solemnising of a relevant Scottish marriage for the reason that the marriage is a marriage of two persons of the opposite sex who are in a civil partnership with each other.
d
in sub-paragraph (4), for “the civil partnership is between two persons of the same sex” substitute “the person does not wish to participate in such ceremonies in relation to civil partnerships generally, or those between two persons of the same sex, or those between two persons of the opposite sex”
,
e
in sub-paragraph (6) in the definition of “relevant Scottish marriage” omit “of two persons of the same sex”,
f
the heading of the paragraph becomes “Marriage and civil partnership: Scotland”
.
5
In paragraph 2 of Schedule 23 (organisations relating to religion or belief)—
a
in sub-paragraph (9A)12—
i
after paragraph (a) insert—
aa
to solemnise a relevant Scottish marriage for the reason that the marriage is a marriage of two persons of the opposite sex who are in a civil partnership with each other;
ii
in paragraph (b), after “same sex” insert “or that it is between two persons of the opposite sex”
,
b
in sub-paragraph (9B)—
i
after paragraph (a), insert—
aa
to solemnise a relevant Scottish marriage for the reason that the marriage is a marriage of two persons of the opposite sex who are in a civil partnership with each other;
ii
in paragraph (b), after “same sex” insert “or that it is between two persons of the opposite sex”
,
c
in sub-paragraph (9C), after “(1)” insert “, (1A)”
.
Marriage (Same Sex Couples) Act 20134
1
Schedule 6 (marriage overseas) to the Marriage (Same Sex Couples) Act 201313 is amended as follows.
2
In paragraph 1 (provision for consular marriage), after sub-paragraph (2), insert—
3
For the purposes of sub-paragraph (2)(b), two people who are in a qualifying civil partnership with each other are to be treated as not having been eligible to marry each other in Scotland.
4
In sub-paragraph (3) “qualifying civil partnership” has the meaning given by section 5(6) of the Marriage (Scotland) Act 197714.
3
In paragraph 8 (provision for marriage of armed forces personnel), after sub-paragraph (3), insert—
4
For the purposes of sub-paragraph (2)(b), two people who are in a qualifying civil partnership with each other are to be treated as not having been eligible to marry each other in Scotland.
5
In sub-paragraph (4) “qualifying civil partnership” has the meaning given by section 5(6) of the Marriage (Scotland) Act 1977.
SCHEDULE 2CONSEQUENTIAL MODIFICATIONS TO SECONDARY LEGISLATION
The Civil Partnership (Registration Abroad and Certificates) Order 20051
In article 4 of the Civil Partnership (Registration Abroad and Certificates) Order 2005 (registration of civil partnership by registration officer)15, after paragraph (4AA), insert—
4AB
If the relevant part of the United Kingdom is Scotland, a country or territory is treated by paragraph (4) as having sufficient facilities only if—
a
in the case of proposed civil partners who are of the same sex under the law of that country or territory, the country or territory is listed in Part 1 of Schedule 20 to the Act (as it forms part of the law of Scotland),
b
in the case of proposed civil partners who are of the opposite sex under that law, the country or territory is listed in Part 2 of that Schedule.
The Marriage and Civil Partnership (Scotland) Act 2014 and Civil Partnership Act 2004 (Consequential Provisions and Modifications) Order 20142
1
The Marriage and Civil Partnership (Scotland) Act 2014 and Civil Partnership Act 2004 (Consequential Provisions and Modifications) Order 201416 is amended as follows.
2
In article 13 (meaning of civil partnership), after “a civil partnership”, insert “between two people who are of the same sex”
.
3
Article 15 (modification of the 2004 Act) is revoked.
(This note is not part of the Order)