SCHEDULE 1JURISDICTION IN PROCEEDINGS RELATING TO SAME SEX MARRIAGES
Presumption of Death (Scotland) Act 1977
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In section 1 of the Presumption of Death (Scotland) Act 1977 (actions of declarator of the death of missing persons), after subsection (4) insert—
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Despite subsection (4), the sheriff court of the sheriffdom of Lothian and Borders at Edinburgh also has jurisdiction to entertain an action of declarator if—
a
the pursuer in the action and the missing person are married to each other and are of the same sex,
b
they married each other in Scotland, and
c
it appears to the court to be in the interests of justice to assume jurisdiction in the case.