SCHEDULES

SCHEDULE 2Extra-territorial matters

PART 1English and Welsh marriages of same sex couples: treatment in Scotland and Northern Ireland

1Scotland

1

The Secretary of State may, by order, provide that, under the law of Scotland, a marriage of a same sex couple under the law of England and Wales is to be treated as a civil partnership formed under the law of England and Wales (and that, accordingly, the spouses are to be treated as civil partners).

2

The Secretary of State may by order—

a

provide for the treatment of a marriage as a civil partnership (by virtue of an order under sub-paragraph (1)) to have effect subject to provision made by the order;

b

specify cases in which a marriage is not to be treated as a civil partnership by virtue of an order under sub-paragraph (1).

3

The power conferred by sub-paragraph (1) may only be exercised if marriage of same sex couples is not lawful under the law of Scotland.

4

If marriage of same sex couples becomes lawful under the law of Scotland, that does not—

a

affect the validity of any order made under this paragraph; or

b

prevent the revocation of any such order (with or without transitional, transitory or saving provision being made) using the powers conferred by this paragraph.

2Northern Ireland

1

Under the law of Northern Ireland, a marriage of a same sex couple under the law of England and Wales is to be treated as a civil partnership formed under the law of England and Wales (and accordingly, the spouses are to be treated as civil partners).

2

The Secretary of State may by order—

a

provide for the treatment of a marriage as a civil partnership (by virtue of sub-paragraph (1)) to have effect subject to provision made by the order;

b

specify cases in which a marriage is not to be treated as a civil partnership by virtue of sub-paragraph (1).

3Contrary provision

1

The treatment of a marriage as a civil partnership by virtue of an order under paragraph 1(1), or by virtue of paragraph 2, is subject to—

a

any order made under paragraph 1(2) or 2(2), and

b

any other contrary provision made by—

i

the other provisions of this Act,

ii

any other subordinate legislation made under this Act, and

iii

any new UK legislation,

including any such contrary provision contained in amendments of existing UK legislation.

2

In this paragraph—

  • “existing UK legislation” means—

    1. a

      in the case of UK legislation that is primary legislation, legislation passed before the end of the Session in which this Act is passed (excluding this Act), or

    2. b

      in the case of UK legislation that is subordinate legislation, legislation made on or before the day on which this Act is passed (excluding legislation made under this Act);

  • “new UK legislation” means—

    1. a

      in the case of UK legislation that is primary legislation, legislation passed after the end of the Session in which this Act is passed, or

    2. b

      in the case of UK legislation that is subordinate legislation, legislation made after the day on which this Act is passed.