1.—(1) In the reserved law of Scotland, marriage has the same effect in relation to same sex couples as it has in relation to opposite sex couples.
(2) The reserved law of Scotland (including all Scottish legislation whenever passed or made) has effect in accordance with paragraph (1).
(3) For provision about limitations on the effect of paragraph 1(1) and (2) and paragraphs 2 to 4 of this Schedule, see paragraphs 1 to 3 of Schedule 2.
(4) In this Schedule, the “reserved law of Scotland” means the law of Scotland but not law that would, if contained in an Act of the Scottish Parliament, be within the legislative competence of that Parliament.
(5) In this Schedule, an expression set out in an entry in the first column of this table has the meaning given in the corresponding entry in the second column.
| Expression | Meaning |
|---|---|
| primary legislation | an Act of Parliament |
| subordinate legislation | any Order in Council, order, rules, regulations, schemes, warrants, byelaws and other instruments made under primary legislation |
| Scottish legislation | primary legislation and subordinate legislation which forms part of the law of Scotland (whether or not it also forms part of the law of another jurisdiction) but not legislation that would, if contained in an Act of the Scottish Parliament, be within the legislative competence of that Parliament |
Commencement Information
I1Sch. 1 para. 1 in force at 16.12.2014, see art. 1(2)