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Marriage and Civil Partnership (Scotland) Act 2014

  • Explanatory Notes Table of contents

Please note:

All reference to 'Parts' and 'sections' are from the Marriage and Civil Partnership (Scotland) Act 2014. For other versions of these Explanatory Notes, see More Resources.

  1. Introduction

  2. The Act

    1. Summary and background

  3. Commentary

    1. Part 1 – Marriage

      1. Chapter 1 – Same sex marriage

        1. Overview

        2. Section 1: Marriage of related persons

        3. Section 2: Objections to marriage

        4. Section 3: Preliminaries to marriage

        5. Section 4: Meaning of marriage and related expressions in enactments and documents

        6. Section 5: Same sex marriage: further provision

        7. Section 6: Jurisdiction in proceedings relating to same sex marriages

        8. Section 7: Reset: abolition of defence

      2. Chapter 2 – Marriage between civil partners in qualifying civil partnerships

        1. Overview

        2. Section 8: Marriage between civil partners in qualifying civil partnerships

        3. Section 9: Power to modify meaning of “qualifying civil partnership”

        4. Section 10: Change of qualifying civil partnership into marriage

        5. Section 11: Effect of marriage between civil partners in a qualifying civil partnership

      3. Chapter 3 – Solemnisation of marriage

        1. Overview

        2. Section 12: Persons who may solemnise marriage

        3. Section 13: Registration of nominated persons as celebrants

        4. Section 14: Temporary authorisation of celebrants

        5. Section 15:  Religious or belief marriage: further provision

      4. Chapter 4 – Same sex marriage: protection of freedom of expression etc.

        1. Section 16: Same sex marriage: protection of freedom of expression etc.

      5. Chapter 5 – Other changes to marriage procedure

        1. Overview

        2. Section 17: Power of district registrar to require evidence of nationality: marriage

        3. Section 18: The Marriage Schedule

        4. Section 19: Marriage outside Scotland: evidence of dissolution of former civil partnership

        5. Section 20: Religious marriages: solemnisation by Church of Scotland deacons

        6. Section 21: Places at which civil marriages may be solemnised

        7. Section 22:  Second marriage ceremony: form of endorsement

      6. Chapter 6 – Sheriff court jurisdiction in relation to declarator of marriage

        1. Section 23: Sheriff court jurisdiction in relation to declarator of marriage

    2. Part 2 – Civil partnership

      1. Overview

      2. Section 24: Registration of civil partnership

      3. Section 25: Power of district registrar to require evidence of nationality: civil partnership

      4. Section 26: Recognition of overseas relationships

      5. Section 27:  Dissolution of civil partnership: evidence

    3. Part 3 – Marriage and civil partnership: other provision

      1. Section 28:  Bigamy

    4. Part 4 – Change of gender of married persons or civil partners

      1. Overview

      2. Section 29: Change of gender of married persons or civil partners

      3. Section 30: Renewed marriage or civil partnership following issue of full gender recognition certificate

      4. Section 31: Grounds of divorce: interim gender recognition certificate followed by full certificate

    5. Part 5 – Registration services

      1. Section 32: Provision of certain information to district registrars

      2. Section 33: Form of register of marriages

    6. Part 6 – General provisions

      1. Section 35: Ancillary provision

  4. Schedules

    1. Schedule 1: Jurisdiction in proceedings relating to same sex marriages

      1. Overview

      2. Domicile and Matrimonial Proceedings Act 1973

      3. Power to make provision corresponding to EC Regulation 2201/2003

      4. Divorce or separation

      5. Declarator of marriage

      6. Nullity of marriage

      7. Recognition, or non-recognition, of foreign decrees

      8. Supplementary provision

      9. Presumption of Death (Scotland) Act 1977

    2. Schedule 2: Change of gender of married persons or civil partners

      1. Part 1 – Applications by married persons and civil partners

        1. Overview

          1. Paragraph 2 – interpretation

          2. Paragraph 3 – evidence

          3. Paragraph 4 – successful applications

          4. Paragraph 5 – issue of full gender recognition certificate after interim certificate: applicant married

        2. Applications by both civil partners

        3. Appeals etc.

        4. Registration

        5. Continuity of marriage

        6. Continuity of civil partnership

        7. Foreign gender change and marriage

      2. Part 2 – Alternative grounds for granting applications for gender recognition certificates

      3. Part 3: Consequential amendments

  5. Parliamentary History

  • Explanatory Notes Table of contents

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Explanatory Notes

Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.

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