
1 
This Order may be cited as the Marriage and Civil Partnership (Scotland) Act 2014 (Commencement No. 3, Saving, Transitional Provision and Revocation) Order 2014 and comes into force on 16th December 2014.
2 
In this Order—
 “the 1977 Act” means the Marriage (Scotland) Act 1977;
 “the 2004 Act” means the Civil Partnership Act 2004;
 “the 2014 Act” means the Marriage and Civil Partnership (Scotland) Act 2014.
3 

(1) Subject to articles 4 and 5, the appointed day is 16th December 2014 for the provisions of the 2014 Act specified in column 1 of the Schedule to this Order (the subject matter of which is described in column 2 of the Schedule).
(2) Where a purpose is specified in column 3 of the Schedule in relation to any provision, the provision comes into force on 16th December 2014 for that purpose only.
4 

(1) Regulations made under section 8(1)(a)(ii) of the 1977 Act prior to its amendment by section 12 of the 2014 Act continue to have effect for all purposes in relation to the entitlement of a person to solemnise marriages where a notice of intention to marry has been submitted to a district registrar under section 3(1) of the 1977 Act before 16th December 2014.
(2) Subject to paragraph (3)—
(a) a person registered under section 9 of the 1977 Act prior to its amendment by section 13 of the 2014 Act is to be treated as registered under section 9 to solemnise marriages between persons of different sexes;
(b) a person granted a temporary written authorisation under section 12 of the 1977 Act prior to its amendment by section 14 of the 2014 Act is to be treated as having been granted an authorisation under section 12 of the 1977 Act to solemnise marriages between persons of different sexes.
(3) The registration or temporary written authorisation of a person mentioned in paragraph (2) ceases to have effect on 16th December 2014 if that person is a minister, clergyman, pastor, or priest or other celebrant of a religious or belief body prescribed by virtue of regulations made under section 8(1)(a)(ii) of the 1977 Act.
5 

(1) Subject to paragraph (2) the coming into force of section 26 of the 2014 Act does not affect court proceedings in Scotland concerning an overseas marriage, where those proceedings were issued under any provision of the 2004 Act or the Family Law (Scotland) Act 1985 before 16th December 2014.
(2) Where those proceedings were issued under sections 103(1) or 104(1) of the 2004 Act, the proceedings are to be treated as issued under section 3(1) or 4(1) of the Matrimonial Homes (Family Protection) (Scotland) Act 1981.
(3) If a decree of aliment under section 3 of the Family Law (Scotland) Act 1985 requiring one of the civil partners to make payments to the other is in force on 16th December 2014 in relation to an overseas marriage, the decree continues to have effect despite the marriage no longer being treated as a civil partnership by virtue of Part 5 of the 2004 Act.
(4) If an order under section 103(3) or 104 of the 2004 Act is in force on 16th December 2014 in relation to an overseas marriage the order has effect as if made under section 3 or 4, of the Matrimonial Homes (Family Protection) (Scotland) Act 1981.
(5) In this article, an “overseas marriage” means a marriage under the law of any country or territory outside the United Kingdom which is treated as a civil partnership by virtue of Part 5 of the 2004 Act.
6 
The following Regulations are revoked—
(a) the Marriage (Approval of Places) (Scotland) Regulations 2002;
(b) the Marriage (Approval of Places) (Scotland) Amendment Regulations 2005; and
(c) the Marriage (Approval of Places) (Scotland) Amendment Regulations 2006.
ALEX NEIL
A member of the Scottish Government
St Andrew’s House,
Edinburgh
29th October 2014
SCHEDULE
Article 3


Column 1 Column 2 Column 3
Provision Subject matter Purpose
Section 1 Marriage of related persons 
Section 2 Objections to marriage 
Section 3 Preliminaries to marriage 
Section 4(1) to (7) and (11) to (15) Meaning of marriage and related expressions in enactments and documents 
Section 5 Same sex marriage: further provision 
Section 6 Jurisdiction in proceedings relating to same sex marriages For all remaining purposes.
Section 8 Marriage between civil partners in qualifying civil partnerships 
Section 11(1) to (4) and (7) to (9) Effect of marriage between civil partners in a qualifying civil partnership For all remaining purposes.
Section 12(1) Persons who may solemnise marriage, and qualifying requirements For bringing into force the other provisions of section 12 of the 2014 Act referred to in column 1, for the purposes specified in column 3.
Section 12(2)(a) Persons who may solemnise marriage, and qualifying requirements For all remaining purposes.
Section 12(2)(b) Persons who may solemnise marriage For the purpose of inserting and bringing into force for all remaining purposes section 8(1A)(a), (1B), (1C)(a), and (1D) of the 1977 Act.
Section 12(2)(c), (3) and (4) Persons who may solemnise marriage 
Section 13(1) Registration of nominated persons as celebrants For bringing into force the other provisions of section 13 of the 2014 Act referred to in column 1.
Section 13(2)(a) to (c) and (f) to (l), and (3) to (5) Registration of nominated persons as celebrants 
Section 14(1) Temporary authorisation of celebrants For bringing into force the other provisions of section 14 of the 2014 Act referred to in column 1, for the purposes specified in column 3.
Section 14(2)(a) Temporary authorisation of celebrants 
Section 14(2)(b) Temporary authorisation of celebrants For the purpose of inserting and bringing into force section 12(1B) and (1C) of the 1977 Act.
Section 14(3) Temporary authorisation of celebrants, offences 
Section 15 Religious or belief marriage: further provision 
Section 16 Same sex marriage: protection of freedom of expression etc. 
Section 24(1) Registration of civil partnership For bringing into force the other provisions of section 24 of the 2014 Act referred to in column 1.
Section 24(2) to (7)(a), (7)(c) to (8)(b)(i), (8)(b)(iii) to (12)(a), (12)(b)(ii) and (12)(c), (14), (16) and (17) and (18)(b) to (22) Registration of civil partnership 
Section 24(13) Registration of civil partnership For the purpose of inserting and bringing into force for all remaining purposes sections 94A(1), (2)(a), (3) and (4), 94B(1), (2)(a) to (c), and (4) to (11), 94C, 94D, and 94E(1), (3) and (5) of the 2004 Act.
Section 24(15) Registration of civil partnership For all remaining purposes.
Section 26 Recognition of overseas relationships 
Section 29 Change of gender of married persons or civil partners For all remaining purposes.
Section 31 Grounds of divorce: interim gender recognition certificate followed by full certificate 
Schedule 1 Jurisdiction in relation to same sex marriages For all remaining purposes.
Schedule 2 Change of gender of married persons or civil partners For all remaining purposes.