- Draft legislation
This is a draft item of legislation and has not yet been made as a Scottish Statutory Instrument. This draft has been replaced by a new draft, The Qualifying Civil Partnership Modification (Scotland) Order 2015 ISBN 978-0-11-102933-6
4.—(1) Section 3 (notice of intention to marry) of the 1977 Act(1) is modified as follows—
(2) In subsection (1)(bb), for “section 5(6)” substitute “section 5(6)(a)(i)(A)”;
(3) After subsection (1)(bb) add—
“(bc)if the person is in a qualifying civil partnership within the meaning of section 5(6)(a)(i)(B) or (b) with the other party to the intended marriage—
(i)information equivalent to an extract from an entry in the civil partnership register; and
(ii)such documentary evidence in support of that information, as the district registrar may require;”.
(4) In subsection (2) for “or (bb)” substitute “, (bb) or (bc)”.
(5) In subsection (5)—
(a)after paragraph (ii)(b) of the proviso omit “or”;
(b)after paragraph (ii)(c) of the proviso insert:—
“; or
(d)if no such certificate has been issued only by reason of the fact that the law of the state in which the party is domiciled prevents the parties to a qualifying civil partnership within the meaning of section 5(6) from marrying.”.
Section 3 has been amended by section 8(2) of the 2014 Act.
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