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Regulation 4 Transitional provision: overseas relationships

Original text. Later amendments are not shown.

(1)

Section 212 of the 2004 Act (meaning of “overseas relationship”)f1 applies for the purpose of determining whether a relationship between persons of different sexes entered into before 1 February 2021f2 is an overseas relationship as though for subsection (1)(b)(ii) there were substituted—

“(ii)

neither of whom was already a civil partner or lawfully married on the date the relationship concerned was entered into, and

(iii)

neither of whom was a civil partner or lawfully married—

(aa)

immediately before 1 February 2021, or

(bb)

in the case of a relationship that was dissolved or annulled before that date, immediately before the date of dissolution or annulment.”.

(2)

Paragraph (1) has effect in place of article 3 of the Civil Partnership (Overseas Relationships) (Scotland) Order 2005f3 in relation to any case where a relationship referred to in that paragraph was entered into before 5 December 2005.

Annotations

Footnotes

f1

Section 212 is amended by section 2(2) of the Civil Partnership (Scotland) Act 2020 and is modified in its application to overseas relationships entered into before 5 December 2005 by S.S.I. 2005/573.

f2

1 February 2021 is the date on which section 3 of the Civil Partnership (Scotland) Act 2020 comes into force, in accordance with regulation 2 of S.S.I. 2020/414.

f3

S.S.I. 2005/573.