# Marriage and Civil Partnership (Scotland) Act 2014

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# Marriage and Civil Partnership (Scotland) Act 2014

# 2014 asp 5                     

The Bill for this Act of the Scottish Parliament was passed by the Parliament on 4th February 2014 and received Royal Assent                        on 12th March 2014                     

An Act of the Scottish Parliament to make provision for the marriage of persons of the same sex; to make further provision                        as to the persons who may solemnise marriage and as to marriage procedure and the places at which civil marriages may be solemnised;                        to make provision for the registration of civil partnerships by celebrants of religious or belief bodies; to make provision                        about gender change by married persons and civil partners; to make a minor correction in relation to registration information;                        and for connected purposes.                     

## **PART 1**SMARRIAGE

### CHAPTER 1SSAME SEX MARRIAGE

#### 1Marriage of related personsS

#### 2Objections to marriageS

#### 3Preliminaries to marriageS

#### 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 5Same sex marriage: further provisionS

#### 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 7Reset: abolition of defenceS

### CHAPTER 2SMARRIAGE BETWEEN CIVIL PARTNERS IN QUALIFYING CIVIL PARTNERSHIPS

#### 8Marriage between civil partners in qualifying civil partnershipsS

#### 9Power to modify meaning of “qualifying civil partnership”S

#### 10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

### CHAPTER 3SSOLEMNISATION OF MARRIAGE

#### 12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 15Religious or belief marriage: further provisionS

### CHAPTER 4SSAME SEX MARRIAGE: PROTECTION OF FREEDOM OF EXPRESSION ETC.

#### 16Same sex marriage: protection of freedom of expression etc.S

### CHAPTER 5SOTHER CHANGES TO MARRIAGE PROCEDURE

#### 17Power of district registrar to require evidence of nationality: marriageS

#### 18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 19Marriage outside Scotland: evidence of dissolution of former civil partnershipS

#### 20Religious marriages: solemnisation by Church of Scotland deaconsS

#### 21Places at which civil marriages may be solemnisedS

#### 22Second marriage ceremony: form of endorsementS

### CHAPTER 6SSHERIFF COURT JURISDICTION IN RELATION TO DECLARATOR OF MARRIAGE

#### 23Sheriff court jurisdiction in relation to declarator of marriageS

## **PART 2**SCIVIL PARTNERSHIP

### 24. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

### 25Power of district registrar to require evidence of nationality: civil partnershipS

### 26Recognition of overseas relationshipsS

### 27Dissolution of civil partnership: evidenceS

## **PART 3**SMARRIAGE AND CIVIL PARTNERSHIP: OTHER PROVISION

### 28BigamyS

(1)In section 24 of the 1977 Act (offences)—                  

(a)before subsection (1) insert—                  

“(A1)A person (“A”) commits an offence if A purports to enter into a marriage with another person (“B”) knowing that either or                           both—                  

(a)A is already married to or in a civil partnership with a person other than B, or                  

(b)B is already married to or in a civil partnership with a person other than A.                  

(A2)A person who commits an offence under subsection (A1) is liable—                  

(a)on conviction on indictment, to imprisonment for a term not exceeding 2 years or to a fine (or both),                  

(b)on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum                           (or both).”, and                  

(b)in subsection (1)(ii), for “prescribed sum” substitute “ statutory maximum ”.                  

(2)In section 100 of the 2004 Act (offences)—                  

(a)in subsection (1), for “registers” substitute “ purports to register ”, and                  

(b)in subsection (3)(b), for “level 3 on the standard scale” substitute “ the statutory maximum ”.                  

(3)The common law offence of bigamy is abolished.                  

(4)In section 13 of the Presumption of Death (Scotland) Act 1977 (defence to charge of bigamy)—                  

(a)for “bigamy” substitute “ committing an offence under section 24(A1) of the Marriage (Scotland) Act 1977 or section 100(1) of the Civil Partnership                           Act 2004 ”,                  

(b)after “marriage” insert “ or civil partnership ”, and                  

(c)after “spouse” insert “ or civil partner ”.                  

## **PART 4**SCHANGE OF GENDER OF MARRIED PERSONS OR CIVIL PARTNERS

### 29. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

### 30. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

### 31Grounds of divorce: interim gender recognition certificate followed by full certificateS

## **PART 5**SREGISTRATION SERVICES

### 32Provision of certain information to district registrarsS

### 33Form of register of marriagesS

## **PART 6**SGENERAL PROVISIONS

### 34InterpretationS

In this Act—
          -  “the 1977 Act” means the Marriage (Scotland) Act 1977,                         
          -  “the 2004 Act” means the Civil Partnership Act 2004.                         

### 35Ancillary provisionS

(1)The Scottish Ministers may by order make such supplementary, incidental, consequential, transitional, transitory or saving                        provision as they consider necessary or expedient for the purposes of, or in connection with, or for giving full effect to,                        any provision of this Act.                  

(2)An order under subsection (1) may make different provision for different purposes.                  

(3)An order under subsection (1) may modify any enactment (including this Act).                  

(4)Subject to subsection (5), an order under subsection (1) is subject to the negative procedure.                  

(5)An order under subsection (1) containing provisions which add to, replace or omit any part of the text of an Act is subject                        to the affirmative procedure.                  

### 36CommencementS

(1)This section and sections 34, 35 and 37 come into force on the day after Royal Assent.                  

(2)The other provisions of this Act come into force on such day as the Scottish Ministers may by order appoint.                  

(3)An order under subsection (2) may include transitional, transitory or saving provision.                  

### 37Short titleS

The short title of this Act is the Marriage and Civil Partnership (Scotland) Act 2014.

## SCHEDULE 1SJURISDICTION IN PROCEEDINGS RELATING TO SAME SEX MARRIAGES

 (introduced by section 6)

### Domicile and Matrimonial Proceedings Act 1973S

1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

### Presumption of Death (Scotland) Act 1977S

2SIn section 1 of the Presumption of Death (Scotland) Act 1977 (actions of declarator of the death of missing persons), after                        subsection (4) insert—

“(4A)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.”.                  

## SCHEDULE 2SCHANGE OF GENDER OF MARRIED PERSONS OR CIVIL PARTNERS

 (introduced by section 29)

### **PART 1**SAPPLICATIONS BY MARRIED PERSONS AND CIVIL PARTNERS

#### IntroductoryS

1S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

#### InterpretationS

2SIn section 25 (interpretation)—

(a)the existing words become subsection (1),

(b)in the definitions of “full gender recognition certificate” and “interim gender recognition certificate”, for “5 or 5A” substitute                        “ 4C, 4E, 4F, 5, 5A or 5D ”,

(c)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,”, and                  

(d)after subsection (1) insert—

“(2)A civil partnership which was registered outside the United Kingdom under an Order in Council made under Chapter 1 of Part                           5 of the Civil Partnership Act 2004 is to be treated for the purposes of this Act as having been registered in Scotland if—                  

(a)the parties to the civil partnership elected Scotland as the relevant part of the United Kingdom under the Order, and                  

(b)details of the civil partnership have been sent to the Registrar General for Scotland.                  

(3)A marriage which was registered outside the United Kingdom under the Foreign Marriage Act 1892 (other than a marriage registered                           by virtue of section 18 of that Act) is to be treated for the purposes of this Act as having been solemnised in Scotland if                           details of the marriage have been sent to the Registrar General for Scotland.                  

(4)A marriage which was solemnised outside the United Kingdom and registered under an Order in Council made under the Registration                           of Births, Deaths and Marriages (Special Provisions) Act 1957 is to be treated for the purposes of this Act as having been                           solemnised in Scotland if details of the marriage have been sent to the Registrar General for Scotland.                  

(5)A consular marriage in relation to which the relevant part of the United Kingdom is Scotland is to be treated for the purposes                           of this Act as having been solemnised in Scotland.                  

(6)In subsection (5)—                  
          -  “consular marriage” means a marriage solemnised in accordance with Part 1 of Schedule 6 to the Marriage (Same Sex Couples) Act 2013 and any                              Order in Council made under it,                         
          -  “relevant part of the United Kingdom”, in relation to such a marriage, means the part of the United Kingdom determined in accordance with paragraph 1(2)(b) of                              that Part of that Schedule for the purposes of the marriage.”.                         

#### EvidenceS

3SIn section 3 (evidence), before subsection (7) insert—

“(6D)If the applicant is a party to a protected Scottish marriage, an application under section 1(1) must also include—                  

(a)a statutory declaration by the applicant that the applicant wishes the marriage to continue after the issue of a full gender                           recognition certificate (if that is the case), and                  

(b)either—                  

(i)a statutory declaration by the applicant's spouse that the spouse consents to the marriage continuing after the issue of a                           full gender recognition certificate (“a statutory declaration of consent”) (if the spouse has made such a declaration), or                  

(ii)a statutory declaration by the applicant that no such declaration by the applicant's spouse is included.                  

(6E)If an application includes a statutory declaration of consent by the applicant's spouse under subsection (6D)(b)(i), the Gender                           Recognition Panel must give the spouse notice that the application has been made.                  

(6F)If the applicant is a party to a protected Scottish civil partnership, an application under section 1(1) must also include                           a statutory declaration as to where the civil partnership was registered and, if the civil partnership was registered outside                           the United Kingdom, that details of the civil partnership have been sent to the Registrar General for Scotland.”.                  

#### Successful applicationsS

4SIn section 4 (successful applications)—

(a)after subsection (1) insert—

“(1A)The certificate is to be a full gender recognition certificate if the applicant is neither married nor in a civil partnership.”,                  

(b)in subsection (2) (substituted by paragraph 3 of schedule 5 to the Marriage (Same Sex Couples) Act 2013)—

(i)after first “is” insert “ also ”,

(ii)paragraph (a) is repealed,

(c)in subsection (3) (as so substituted)—

(i)in paragraph (b), at the beginning insert “ subject to subsection (3C)(a), ”, and

(ii)in paragraph (e), at the beginning insert “ subject to subsection (3C)(b), ”, and

(d)after subsection (3B) (as so substituted) insert—

“(3C)The certificate is also to be a full gender recognition certificate if—                  

(a)the applicant is a party to a protected Scottish marriage and both parties to the marriage consent to the marriage continuing                           after the issue of a full gender recognition certificate, or                  

(b)the applicant is a party to a protected Scottish civil partnership and the Gender Recognition Panel has decided to issue a                           full gender recognition certificate to the other party to the civil partnership.                  

(3D)The certificate is to be an interim gender recognition certificate if—                  

(a)the applicant is a party to a protected Scottish marriage and either party to the marriage does not consent to the marriage                           continuing after the issue of a full gender recognition certificate,                  

(b)subject to subsection (2)(b), the applicant is a party to a marriage which is not a protected Scottish marriage,                  

(c)the applicant is a party to a protected Scottish civil partnership and the other party to the civil partnership has not made                           an application under section 1(1),                  

(d)the applicant is a party to a protected Scottish civil partnership and the Gender Recognition Panel has decided not to issue                           a full gender recognition certificate to the other party to the civil partnership, or                  

(e)subject to subsection (2)(c), the applicant is a party to a civil partnership which is not a protected Scottish civil partnership.                  

(3E)If a Gender Recognition Panel issues a full gender recognition certificate under this section to an applicant who is a party                           to a protected Scottish marriage, the Panel must give the applicant's spouse notice of the issue of the certificate.                  

(3F)Subsection (3C)(b) is subject to section 5C.”.                  

#### Issue of full gender recognition certificate after interim certificate: applicant marriedS

5SBefore section 5 insert—

##### “4CMarried person with interim certificate: issue of full certificate (Scotland)

##### 4DApplication under section 4C: death of spouse

##### 4EMarried person with interim certificate: issue of full certificate on application to the sheriff (Scotland)

##### 4FDeath of civil partner or spouse: issue of full certificate (Scotland)

#### Issue of full gender recognition certificate after interim certificate: grounds of divorceS

6SIn section 5 (issue of full certificates where applicant has been married), after subsection (1), insert—

“(1A)Subsection (1) does not apply where a full gender recognition certificate has already been issued, to the party to whom the                           interim gender recognition certificate was issued, by the sheriff under section 4E.”.                  

#### Applications by both civil partnersS

7S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

#### Appeals etc.S

8SIn section 8 (appeals etc.)—

(a)in subsection (1), before “5(2)” insert “ 4C, 4F, ”,

(b)in subsection (5), before “5(2)” insert “ 4C, 4E, 4F, ”,

(c)before subsection (6) insert—

“(5B)If an application under section 1(1), 4C, 4E, 4F, 5(2), 5A(2) or 6(1) is granted, the applicant's spouse or civil partner                           may apply to the Court of Session to quash the decision to grant the application on the grounds that its grant was secured                           by fraud.”, and                  

(d)in subsection (6), before “the” in the first place where it appears insert “ or an application under subsection (5B) ”.

#### RegistrationS

9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

#### Continuity of marriageS

10SBefore section 12 insert—

##### “11CContinuity of marriage: Scotland

#### Continuity of civil partnershipS

11SAfter section 11C (inserted by paragraph 10) insert—

##### “11DContinuity of civil partnership: Scotland

#### Foreign gender change and marriageS

12SIn section 21 (foreign gender change and marriage), subsections (2) to (5) are repealed.

### **PART 2**SALTERNATIVE GROUNDS FOR GRANTING APPLICATIONS FOR GENDER RECOGNITION CERTIFICATES

#### IntroductoryS

13SThe Gender Recognition Act 2004 is further amended in accordance with this Part of this schedule.

#### Alternative grounds for granting applicationsS

14SIn section 2 (determination of applications), after subsection (3A) insert—

“(3B)This section does not apply to an application under section 1(1)(a) which states that it is an application for a certificate                           to be granted in accordance with section 3C.”.                  

15S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

#### Evidence for granting applications on alternative groundsS

16SIn section 3 (evidence), after subsection (9) insert—

“(10)This section does not apply to an application under section 1(1)(a) which states that it is an application for a certificate                           to be granted in accordance with section 3C.”.                  

17S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

#### Membership of Panels determining applications on alternative groundsS

18SIn schedule 1 (Gender Recognition Panels), in paragraph 4, after sub-paragraph (3) insert—

“(4)But a Panel need not include a medical member when determining an application under section 1(1)(a) for a certificate to be                           granted in accordance with section 3C.”.                  

### **PART 3**SCONSEQUENTIAL AMENDMENTS

19(1)In section 7(1) (applications: supplementary), before “5(2)” insert “ 4C, 4F, ”.S

(2)In section 22(2)(a) (prohibition on disclosure of information), before “5(2)” insert “ 4C, 4F, ”.

(3)In section 24 (procedure for orders and regulations)—

(a)in subsection (5), after “section” insert “ 3D(6)(b), ”, and

(b)after subsection (5) insert—

“(5A)Regulations made by the Registrar General for Scotland under paragraph 20A of Schedule 3 are subject to the negative procedure.                  

(5B)An order under section 3C(5)(b)(ii) or 5D(1) is subject to the affirmative procedure.”.