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Marriage and Civil Partnership (Minimum Age) Act 2022 in Scotland

2022 c. 28 · Enacted 28 April 2022 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 27 February 2023.

An Act to make provision about the minimum age for marriage and civil partnership; and for connected purposes.

[28th April 2022]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Contents

  1. Civil partnership
  2. 4Civil partnerships etc. registered outside England and Wales
  3. Final provisions
  4. 5Consequential amendments
  5. 6Extent
  6. 7Commencement
  7. 8Saving provisions
  8. 9Short title

4Civil partnerships etc. registered outside England and WalesI1I2

(1)

The Civil Partnership Act 2004 is amended as follows.

(2)

In section 54 (validity of civil partnerships registered outside England and Wales)—

(a)

in subsection (1)—

(i)

in paragraph (a), omit “and”;

(ii)

after paragraph (a), insert—

“(aa)

void, if the civil partnership was registered when—

(i)

one of the two people was domiciled in England and Wales, and

(ii)

one of the two people was under 18, and”;

(b)

in subsection (2)—

(i)

in paragraph (a), omit “and”;

(ii)

after paragraph (a), insert—

“(aa)

void, if the civil partnership was registered when—

(i)

one of the two people was domiciled in England and Wales, and

(ii)

one of the two people was under 18, and”;

(c)

in subsection (2A)—

(i)

in paragraph (a), omit “and”;

(ii)

after paragraph (a), insert—

“(aa)

void, if the marriage was solemnised there when—

(i)

one of the two people was domiciled in England and Wales, and

(ii)

one of the two people was under 18, and”.

(3)

In section 217 (person domiciled in a part of the United Kingdom), in subsection (2), in paragraph (a), for “16” substitute “18”.

5Consequential amendmentsI1I2

(1)

The Schedule to this Act contains minor and consequential amendments.

(2)

The Secretary of State may by regulations made by statutory instrument make provision that is consequential on any provision made by this Act.

(3)

Regulations under this section—

(a)

may include transitional or saving provision;

(b)

may amend, repeal or revoke any provision of or made under primary legislation.

(4)

The provision referred to in subsection (3)(b) does not include a provision of legislation passed or made after the end of the session of Parliament in which this Act is passed.

(5)

A statutory instrument containing regulations under this section that amend, repeal or revoke primary legislation may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

(6)

Any other statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.

(7)

In this section “primary legislation” means—

(a)

an Act;

(b)

a Measure or Act of Senedd Cymru;

(c)

an Act of the Scottish Parliament;

(d)

Northern Ireland legislation.

6ExtentI1I2

(1)

This Act extends to England and Wales only, subject to subsections (2) and (3).

(2)

Sections 4(3) and 5 to 9 also extend to Scotland and Northern Ireland.

(3)

An amendment or repeal made by the Schedule has the same extent as the provision amended or repealed.

7CommencementI1I2

(1)

The provisions of this Act come into force on such day as the Secretary of State may by regulations appoint.

(2)

Different days may be appointed for different purposes.

(3)

The Secretary of State may by regulations make transitional, transitory or saving provision in connection with the coming into force of any provision of this Act.

(4)

Regulations under this section are to be made by statutory instrument.

8Saving provisionsI1I2

(1)

An amendment made by a provision of this Act does not affect the validity of—

(a)

any marriage solemnised, or

(b)

any civil partnership registered,

before the day on which that provision comes into force.

(2)

The amendment made by section 4(3) does not affect the treatment as a civil partnership of an overseas relationship that is registered under the relevant law as having been entered into before that provision comes into force.

(3)

In subsection (2)—

  • “overseas relationship” has the same meaning as in the Civil Partnership Act 2004 (see section 212(1) of that Act);

  • “the relevant law” has the same meaning as in Chapter 2 of Part 5 of that Act (see section 212(2) of that Act).

9Short titleI1I2

This Act may be cited as the Marriage and Civil Partnership (Minimum Age) Act 2022.