http://www.legislation.gov.uk/uksi/2014/3229/contents

The Marriage and Civil Partnership (Scotland) Act 2014 and Civil Partnership Act 2004 (Consequential Provisions and Modifications) Order 2014

CONSTITUTIONAL LAW

DEVOLUTION, SCOTLAND

CIVIL PARTNERSHIP

MARRIAGE

2022-02-18

Statute Law Database

2014-12-16

This Order makes provisions and modifications in consequence of same sex marriage becoming lawful under the Marriage and Civil Partnership (Scotland) Act 2014 (“the 2014 Act”) and the introduction of civil partnerships under the Civil Partnership Act 2004 (“the 2004 Act”).

The Marriage and Civil Partnership (Scotland) Act 2014 and Civil Partnership Act 2004 (Consequential Provisions and Modifications) Order 2014

art. 8

The Pensions Act 2014 (Consequential, Supplementary and Incidental Amendments) Order 2015

art. 44(a)

art. 1(2)(b)

The Marriage and Civil Partnership (Scotland) Act 2014 and Civil Partnership Act 2004 (Consequential Provisions and Modifications) Order 2014

art. 9

The Pensions Act 2014 (Consequential, Supplementary and Incidental Amendments) Order 2015

art. 44(b)

art. 1(2)(b)

The Marriage and Civil Partnership (Scotland) Act 2014 and Civil Partnership Act 2004 (Consequential Provisions and Modifications) Order 2014

art. 10

The Pensions Act 2014 (Consequential, Supplementary and Incidental Amendments) Order 2015

art. 44(c)

art. 1(2)(b)

The Marriage and Civil Partnership (Scotland) Act 2014 and Civil Partnership Act 2004 (Consequential Provisions and Modifications) Order 2014

art. 12

The Pensions Act 2014 (Consequential, Supplementary and Incidental Amendments) Order 2015

art. 44(d)

art. 1(2)(b)

The Marriage and Civil Partnership (Scotland) Act 2014 and Civil Partnership Act 2004 (Consequential Provisions and Modifications) Order 2014

Sch. 4

para. 2(8)

The Pensions Act 2014 (Consequential, Supplementary and Incidental Amendments) Order 2015

art. 44(e)

art. 1(2)(b)

The Marriage and Civil Partnership (Scotland) Act 2014 and Civil Partnership Act 2004 (Consequential Provisions and Modifications) Order 2014

Sch. 4

para. 2(9)

The Pensions Act 2014 (Consequential, Supplementary and Incidental Amendments) Order 2015

art. 44(e)

art. 1(2)(b)

The Marriage and Civil Partnership (Scotland) Act 2014 and Civil Partnership Act 2004 (Consequential Provisions and Modifications) Order 2014

Sch. 4

para. 2(10)

The Pensions Act 2014 (Consequential, Supplementary and Incidental Amendments) Order 2015

art. 44(e)

art. 1(2)(b)

The Marriage and Civil Partnership (Scotland) Act 2014 and Civil Partnership Act 2004 (Consequential Provisions and Modifications) Order 2014

Sch. 4

para. 2(14)

The Pensions Act 2014 (Consequential, Supplementary and Incidental Amendments) Order 2015

art. 44(e)

art. 1(2)(b)

The Marriage and Civil Partnership (Scotland) Act 2014 and Civil Partnership Act 2004 (Consequential Provisions and Modifications) Order 2014

art. 6(1A)

The Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019

reg. 10(3)(b)

reg. 6-9

reg. 10(4)

reg. 1(2)

The Marriage and Civil Partnership (Scotland) Act 2014 and Civil Partnership Act 2004 (Consequential Provisions and Modifications) Order 2014

art. 3(2)

The Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019

reg. 52

reg. 6-9

reg. 1(2)

The Marriage and Civil Partnership (Scotland) Act 2014 and Civil Partnership Act 2004 (Consequential Provisions and Modifications) Order 2014

art. 13

The Civil Partnership (Scotland) Act 2020 and Marriage and Civil Partnership (Scotland) Act 2014 (Consequential Modifications) Order 2022

Sch. 2

para. 2(2)

art. 1

The Marriage and Civil Partnership (Scotland) Act 2014 and Civil Partnership Act 2004 (Consequential Provisions and Modifications) Order 2014

art. 15

The Civil Partnership (Scotland) Act 2020 and Marriage and Civil Partnership (Scotland) Act 2014 (Consequential Modifications) Order 2022

Sch. 2

para. 2(3)

art. 1

The Marriage and Civil Partnership (Scotland) Act 2014 and Civil Partnership Act 2004 (Consequential Provisions and Modifications) Order 2014

PART 1INTRODUCTION

1Citation and commencement

2Interpretation

3Extent

PART 2CONSEQUENTIAL PROVISIONS

4Meaning of marriage and related expressions: Scotland

5Contrary provision to Schedule 1 and consequential modification of enactments etc. as a result

PART 3SCOTTISH SAME SEX MARRIAGE IN NORTHERN IRELAND

6Treatment of Scottish same sex marriage in Northern Ireland

7Recognition of a dissolution of a deemed civil partnership

PART 4STATE PENSIONS

8Category B retirement pension for married person

9Category B retirement pension for widows and widowers

10Category B retirement pension for widowers

11Adult dependency increases

12Converted or changed civil partnerships

PART 5MARRIAGE OVERSEAS

CHAPTER 1Consular and armed forces marriage between civil partners - general

13Meaning of civil partnership

14Effect of consular or armed forces marriage between civil partners

15Modification of the 2004 Act

CHAPTER 2Consular marriage between civil partners

16Interpretation

17Countries or territories in which consular marriage between civil partners may take place

18Consular change of civil partnership into marriage

19Consular declaration

20Consular change procedure

21Duty to register civil partnerships changed into marriages

22Power to dispense with requirements

CHAPTER 3Armed forces marriage between civil partners

23Interpretation

24Countries or territories in which armed forces marriage between civil partners may take place

25Armed forces change of civil partnership into marriage

26Armed forces declaration

27Armed forces change procedure

28Duty to register civil partnerships changed into marriages

PART 6

29Consequential modifications

SCHEDULE 1MEANING OF MARRIAGE AND RELATED EXPRESSIONS: SCOTLAND

PART 1

1Meaning of marriage and related expressions: Scotland

PART 2GENERAL INTERPRETATION

2Interpretation: existing Scottish legislation

3Interpretation: new Scottish legislation

4Definitions

SCHEDULE 2CONTRARY PROVISION

PART 1CONTRARY PROVISION (GENERAL)

1Contrary provision: general

2Contrary provision: EU instruments

3Contrary provision: private Acts

PART 2DISAPPLICATION OF SCHEDULE 1 IN RESPECT OF ROYAL TITLES AND PEERAGES

4Provision disapplying the effect of Schedule 1 etc. in respect of the common law

PART 3ENACTMENTS ETC. (GENERAL)

5Provision to which Schedule 1 is subject

6Provision disapplying the effect of Schedule 1 in respect of enactments

SCHEDULE 3CONSEQUENTIAL MODIFICATIONS TO ENACTMENTS ETC. AS A RESULT OF CONTRARY PROVISION MADE BY SCHEDULE 2

ENACTMENTS ETC. (GENERAL)

1Pensions (Increase) Act 1971

2Pensions Increase (Review) Orders 1979 to 1990

3Occupational Pension Schemes (Contracting-out) Regulations 1996

4Occupational Pension Schemes (Modification of Schemes) Regulations 2006

SCHEDULE 4CONSEQUENTIAL MODIFICATION OF THE SOCIAL SECURITY PENSIONS ACT 1975 AND THE SOCIAL SECURITY CONTRIBUTIONS AND BENEFITS ACT 1992

1Social Security Pensions Act 1975

2Social Security Contributions and Benefits Act 1992

SCHEDULE 5CONSEQUENTIAL MODIFICATIONS TO PRIMARY LEGISLATION

1Pensions Commutation Act 1871

2Local Government (Emergency Provisions) Act 1916

3Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951

4Transport Act 1962

5National Insurance Act 1965

6Transport Act 1978

7Pneumoconiosis etc. (Workers’ Compensation) Act 1979

8Child Support Act 1991

9Social Security Administration Act 1992

10Trade Union and Labour Relations (Consolidation) Act 1992

11Pension Schemes Act 1993

12Jobseekers Act 1995

13Pensions Act 1995

14State Pension Credit Act 2002

15Gender Recognition Act 2004

16Asylum and Immigration (Treatment of Claimants, etc.) Act 2004

17Welfare Reform Act 2007

18Human Fertilisation and Embryology Act 2008

19Equality Act 2010

20Welfare Reform Act 2012

21Marriage (Same Sex Couples) Act 2013

SCHEDULE 6CONSEQUENTIAL MODIFICATIONS TO SECONDARY LEGISLATION

1Merchant Shipping (Maintenance of Seaman’s Dependants) Regulations 1972

2Social Security Benefit (Dependency) Regulations 1977

3Social Security (Graduated Retirement Benefit) (No. 2) Regulations 1978

4Merchant Shipping (Returns of Births and Deaths) Regulations 1979

5Income Support (General) Regulations 1987

6Social Security (Claims and Payments) Regulations 1987

7Judicial Pensions (Preservation of Benefits) Order 1988

8Judicial Pensions (Requisite Benefits) Order 1988

9Child Support (Maintenance Assessments and Special Cases) Regulations 1992

10Child Support (Collection and Enforcement) Regulations 1992

11Jobseeker’s Allowance Regulations 1996

12Occupational Pension Schemes (Contracting-out) Regulations 1996

13Contracting-out (Transfer and Transfer Payment) Regulations 1996

14Social Security Benefit (Computation of Earnings) Regulations 1996

15Social Security (Child Maintenance Bonus) Regulations 1996

16Occupational Pension Schemes (Discharge of Liability) Regulations 1997

17Working Time Regulations 1998

18Social Security and Child Support (Decisions and Appeals) Regulations 1999

19Social Fund Winter Fuel Payment Regulations 2000

20Child Support (Maintenance Calculations and Special Cases) Regulations 2001

21Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001

22Open-Ended Investment Companies Regulations 2001

23State Pension Credit Regulations 2002

24Pension Protection Fund (Compensation) Regulations 2005

25Financial Assistance Scheme Regulations 2005

26Social Fund Maternity and Funeral Expenses (General) Regulations 2005

27Housing Benefit Regulations 2006

28Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006

29Pension Protection Fund (General and Miscellaneous Amendments) Regulations 2006

30Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006

31Occupational Pension Schemes (Modification of Schemes) Regulations 2006

32Employment and Support Allowance Regulations 2008

33Reserve Forces Non Regular Permanent Staff (Pension and Attributable Benefits Schemes) Regulations 2011

34Employment and Support Allowance Regulations 2013

35Pensions Increase (Review) Orders 1991 to 2009 and 2011 to 2013

2014 No. 3229

Constitutional Law

Devolution, Scotland

Civil Partnership

Marriage

The Marriage and Civil Partnership (Scotland) Act 2014 and Civil Partnership Act 2004 (Consequential Provisions and Modifications) Order 2014

Made4th December 2014

Coming into force in accordance with article 1(2)

The Secretary of State makes the following Order in exercise of the powers conferred by sections 104, 112(1) and 113(2) to (5) and (7) of the Scotland Act 19981 and section 259(1) of the Civil Partnership Act 20042.

In accordance with paragraphs 1, 2 and 3 of Schedule 7 to the Scotland Act 1998 and section 259(8) of the Civil Partnership Act 2004, a draft of this Order has been laid before and approved by a resolution of each House of Parliament.