4.—(1) Schedule 6 (marriage overseas) to the Marriage (Same Sex Couples) Act 2013(1) 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 1977(2).”.
(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.”.
Subsection (6) was inserted by the Marriage and Civil Partnership (Scotland) Act 2014, section 8(3)(b) and substituted by article 3(2) of S.S.I. 2015/371.