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Paragraph 1 F1

(1)

This Schedule has effect with respect to the jurisdiction of the Court of Session and of the sheriff court to entertain, in relation to same sex marriages, proceedings for—

(a)

divorce,

(b)

separation,

(c)

declarator of marriage,

(d)

declarator of nullity of marriage,

(e)

declarator of recognition, or non-recognition, of a relevant foreign decree.

(2)

References in this Schedule to “relevant proceedings” are to such proceedings as are mentioned in sub-paragraph (1).

(3)

In this Schedule—

  • “ relevant foreign decree ” means a decree of divorce, separation or nullity granted outwith F2the United Kingdom, the Channel Islands and the Isle of Man,

  • “ same sex marriage ” means a marriage between persons of the same sex.

Annotations

Textual amendments

F1

Sch. 1B inserted (1.9.2014 for specified purposes, 16.12.2014 in so far as not already in force) by Marriage and Civil Partnership (Scotland) Act 2014 (asp 5), s. 36, Sch. 1 para. 1(4); S.S.I. 2014/212, art. 2, Sch. (as amended (1.9.2014) by S.S.I. 2014/218, art. 2(3), Sch.); S.S.I. 2014/287, art. 3, Sch.

F2

Words in Sch. 1B para. 1(3) substituted (31.12.2020) by The Jurisdiction and Judgments (Family, Civil Partnership and Marriage (Same Sex Couples)) (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 (S.S.I. 2019/104), reg. 1, sch. 1 para. 1(7)(a) (with reg. 6) (as amended by S.S.I. 2020/441, regs. 1(2)(a), 16); 2020 c. 1, Sch. 5 para. 1(1)