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

S.I. 2014/3229 · Made 4 December 2014 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 16 September 2024.

Constitutional Law

Devolution, Scotland

Civil Partnership

Marriage

Made 4th 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 1998f1 and section 259(1) of the Civil Partnership Act 2004f2.

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.

Annotations to the whole text

Footnotes

f1

1998 c.46.

f2

2004 c.33.

Contents

  1. Part 1: INTRODUCTION
  2. 1Citation and commencement
  3. 2Interpretation
  4. 3Extent
  5. Part 2: CONSEQUENTIAL PROVISIONS
  6. 4Meaning of marriage and related expressions: Scotland
  7. 5Contrary provision to Schedule 1 and consequential modification of enactments etc. as a result
  8. Part 3: SCOTTISH SAME SEX MARRIAGE IN NORTHERN IRELAND
  9. 6Treatment of Scottish same sex marriage in Northern Ireland
  10. 7Recognition of a dissolution of a deemed civil partnership
  11. Part 4: STATE PENSIONS
  12. 8Category B retirement pension for married person Repealed
  13. 9Category B retirement pension for widows and widowers Repealed
  14. 10Category B retirement pension for widowers Repealed
  15. 11Adult dependency increases
  16. 12Converted or changed civil partnerships Repealed
  17. Part 5: MARRIAGE OVERSEAS
  18. Chapter 1: Consular and armed forces marriage between civil partners - general
  19. 13Meaning of civil partnership
  20. 14Effect of consular or armed forces marriage between civil partners
  21. 15Modification of the 2004 Act Repealed
  22. Chapter 2: Consular marriage between civil partners
  23. 16Interpretation
  24. 17Countries or territories in which consular marriage between civil partners may take place
  25. 18Consular change of civil partnership into marriage
  26. 19Consular declaration
  27. 20Consular change procedure
  28. 21Duty to register civil partnerships changed into marriages
  29. 22Power to dispense with requirements
  30. Chapter 3: Armed forces marriage between civil partners
  31. 23Interpretation
  32. 24Countries or territories in which armed forces marriage between civil partners may take place
  33. 25Armed forces change of civil partnership into marriage
  34. 26Armed forces declaration
  35. 27Armed forces change procedure
  36. 28Duty to register civil partnerships changed into marriages
  37. Part 6
  38. 29Consequential modifications
  39. Signature
  40. Schedule 1: MEANING OF MARRIAGE AND RELATED EXPRESSIONS: SCOTLAND
  41. Part 1
  42. 1Meaning of marriage and related expressions: Scotland
  43. Part 2: GENERAL INTERPRETATION
  44. 2Interpretation: existing Scottish legislation
  45. 3Interpretation: new Scottish legislation
  46. 4Definitions
  47. Schedule 2: CONTRARY PROVISION
  48. Part 1: CONTRARY PROVISION (GENERAL)
  49. 1Contrary provision: general
  50. 2Contrary provision: EU instruments
  51. 3Contrary provision: private Acts
  52. Part 2: DISAPPLICATION OF SCHEDULE 1 IN RESPECT OF ROYAL TITLES AND PEERAGES
  53. 4Provision disapplying the effect of Schedule 1 etc. in respect of the common law
  54. Part 3: ENACTMENTS ETC. (GENERAL)
  55. 5Provision to which Schedule 1 is subject
  56. 6Provision disapplying the effect of Schedule 1 in respect of enactments
  57. Schedule 3: CONSEQUENTIAL MODIFICATIONS TO ENACTMENTS ETC. AS A RESULT OF CONTRARY PROVISION MADE BY SCHEDULE 2
  58. ENACTMENTS ETC. (GENERAL)
  59. 1Pensions (Increase) Act 1971
  60. 2Pensions Increase (Review) Orders 1979 to 1990
  61. 3Occupational Pension Schemes (Contracting-out) Regulations 1996
  62. 4Occupational Pension Schemes (Modification of Schemes) Regulations 2006
  63. Schedule 4: CONSEQUENTIAL MODIFICATION OF THE SOCIAL SECURITY PENSIONS ACT 1975 AND THE SOCIAL SECURITY CONTRIBUTIONS AND BENEFITS ACT 1992
  64. 1Social Security Pensions Act 1975
  65. 2Social Security Contributions and Benefits Act 1992
  66. Schedule 5: CONSEQUENTIAL MODIFICATIONS TO PRIMARY LEGISLATION
  67. 1Pensions Commutation Act 1871
  68. 2Local Government (Emergency Provisions) Act 1916
  69. 3Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951
  70. 4Transport Act 1962
  71. 5National Insurance Act 1965
  72. 6Transport Act 1978
  73. 7Pneumoconiosis etc. (Workers’ Compensation) Act 1979
  74. 8Child Support Act 1991
  75. 9Social Security Administration Act 1992
  76. 10Trade Union and Labour Relations (Consolidation) Act 1992
  77. 11Pension Schemes Act 1993
  78. 12Jobseekers Act 1995
  79. 13Pensions Act 1995
  80. 14State Pension Credit Act 2002
  81. 15Gender Recognition Act 2004
  82. 16Asylum and Immigration (Treatment of Claimants, etc.) Act 2004
  83. 17Welfare Reform Act 2007
  84. 18Human Fertilisation and Embryology Act 2008
  85. 19Equality Act 2010
  86. 20Welfare Reform Act 2012
  87. 21Marriage (Same Sex Couples) Act 2013
  88. Schedule 6: CONSEQUENTIAL MODIFICATIONS TO SECONDARY LEGISLATION
  89. 1Merchant Shipping (Maintenance of Seaman’s Dependants) Regulations 1972
  90. 2Social Security Benefit (Dependency) Regulations 1977
  91. 3Social Security (Graduated Retirement Benefit) (No. 2) Regulations 1978
  92. 4Merchant Shipping (Returns of Births and Deaths) Regulations 1979
  93. 5Income Support (General) Regulations 1987
  94. 6Social Security (Claims and Payments) Regulations 1987
  95. 7Judicial Pensions (Preservation of Benefits) Order 1988
  96. 8Judicial Pensions (Requisite Benefits) Order 1988
  97. 9Child Support (Maintenance Assessments and Special Cases) Regulations 1992
  98. 10Child Support (Collection and Enforcement) Regulations 1992
  99. 11Jobseeker’s Allowance Regulations 1996
  100. 12Occupational Pension Schemes (Contracting-out) Regulations 1996
  101. 13Contracting-out (Transfer and Transfer Payment) Regulations 1996
  102. 14Social Security Benefit (Computation of Earnings) Regulations 1996
  103. 15Social Security (Child Maintenance Bonus) Regulations 1996
  104. 16Occupational Pension Schemes (Discharge of Liability) Regulations 1997
  105. 17Working Time Regulations 1998
  106. 18Social Security and Child Support (Decisions and Appeals) Regulations 1999
  107. 19Social Fund Winter Fuel Payment Regulations 2000 Repealed
  108. 20Child Support (Maintenance Calculations and Special Cases) Regulations 2001
  109. 21Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001
  110. 22Open-Ended Investment Companies Regulations 2001
  111. 23State Pension Credit Regulations 2002
  112. 24Pension Protection Fund (Compensation) Regulations 2005
  113. 25Financial Assistance Scheme Regulations 2005
  114. 26Social Fund Maternity and Funeral Expenses (General) Regulations 2005
  115. 27Housing Benefit Regulations 2006
  116. 28Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006
  117. 29Pension Protection Fund (General and Miscellaneous Amendments) Regulations 2006
  118. 30Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006
  119. 31Occupational Pension Schemes (Modification of Schemes) Regulations 2006
  120. 32Employment and Support Allowance Regulations 2008
  121. 33Reserve Forces Non Regular Permanent Staff (Pension and Attributable Benefits Schemes) Regulations 2011
  122. 34Employment and Support Allowance Regulations 2013
  123. 35Pensions Increase (Review) Orders 1991 to 2009 and 2011 to 2013
  124. Explanatory note