
1 

(1) This Order may be cited as the Civil Partnership (Overseas Relationships) (Scotland) Order 2005 and shall come into force on 5th December 2005.
(2) In this Order–
 “the Act” means the Civil Partnership Act 2004; and
 “recognised overseas relationship” means an overseas relationship which is treated as a civil partnership pursuant to chapter 2 of Part 5 of the Act.
(3) This Order shall extend to Scotland only.
2 
The following provisions are specified for the purpose of section 215(5)(b) of the Act (overseas relationships treated as civil partnerships: the general rule)–
(a) section 2 (Marriage of related persons) and section 3 (Notice of intention to marry) of and Schedule 1 (Degrees of Relationship) to the Marriage (Scotland) Act 1977 ;
(b) the Damages (Scotland) Act 1976 ; and
(c) section 86 (Eligibility) and section 88 (Notice of proposed civil partnership) of and Schedule 10 (Forbidden Degrees of Relationship: Scotland) to the Act.
3 
Section 212 of the Act shall apply for the purpose of determining whether a relationship entered into before 5th December 2005 is an overseas relationship as though for the words in subsection (1)(b) from  “and” to the end of the subsection there were substituted–“
(ii) neither of whom is lawfully married or a party to a recognised overseas relationship registered under the relevant law before the relationship concerned was entered into; and
(iii) neither of whom is on 5th December a party to a marriage which on the date of its celebration was valid according to the law of Scotland (including its rules of private international law).”.
HUGH HENRY
Authorised to sign by the Scottish Ministers
St Andrew's House, 
Edinburgh
