
2023 No. 194
Civil Partnership
Marriage
The Forced Marriage etc. (Protection and Jurisdiction) (Scotland) Act 2011 (Application to Civil Partnerships and Consequential Provision) Order 2023
Made 22nd June 2023
Coming into force 30th November 2023

The Scottish Ministers make the following Order in exercise of the powers conferred by sections 10(1) and (2) and 16(1) and (2) of the Forced Marriage etc. (Protection and Jurisdiction) (Scotland) Act 2011, section 35(1) and (3) of the Marriage and Civil Partnership (Scotland) Act 2014, and all other powers enabling them to do so.

In accordance with section 17(3) of the Forced Marriage etc. (Protection and Jurisdiction) (Scotland) Act 2011 and section 35(5) of the Marriage and Civil Partnership (Scotland) Act 2014, a draft of this instrument has been laid before, and approved by resolution of, the Scottish Parliament.
Citation and commencement
1 
This Order may be cited as the Forced Marriage etc. (Protection and Jurisdiction) (Scotland) Act 2011 (Application to Civil Partnerships and Consequential Provision) Order 2023 and comes into force on 30 November 2023.
Amendment of the Forced Marriage etc. (Protection and Jurisdiction) (Scotland) Act 2011
2 

(1) The Forced Marriage etc. (Protection and Jurisdiction) (Scotland) Act 2011 is amended as follows.
(2) In section 1 (forced marriage protection orders)—
(a) in subsections (1), (4) and (5), after “marriage” in each place where it occurs insert “or civil partnership”,
(b) in subsection (6), in the definition of “force”, in paragraph (b), after “marriage” in both places where it occurs insert “or civil partnership”.
(3) In section 2 (contents of orders), in subsections (2) and (4), after “marriage” in each place where it occurs insert “or civil partnership”.
(4) In section 11 (guidance), at the end of subsection (2) insert “or forced civil partnerships.”.
(5) In section 12 (other protection or assistance against forced marriage)—
(a) in subsection (1), after “marriage” in each place where it occurs insert “or civil partnership”,
(b) in subsection (2)—
(i) in paragraph (d)(i), after “1981 (c.59)” insert “or the Civil Partnership Act 2004”,
(ii) in paragraph (d)(ii), for “that Act” substitute “either of those Acts”,
(iii) omit “or” after paragraph (f),
(iv) after paragraph (g) insert—“, or
(h) the law of civil partnership.”,
(c) the section title becomes “Other protection or assistance against forced marriage or forced civil partnership”.
(6) In section 14 (interpretation of Part)—
(a) before the definition of “court” insert—““civil partnership” includes—
(a) a civil partnership which exists by virtue of the Civil Partnership Act 2004, and
(b) a purported civil partnership,”,
(b) in the definition of “marriage”, after “religious” insert “, belief”.
Register of divorces
3 
In section 28A of the Registration of Births, Deaths and Marriages (Scotland) Act 1965 (registration of divorces and declarators of nullity of marriage), at the end of subsection (7) insert “or the sheriff.”.
SHIRLEY-ANNE SOMERVILLE
A member of the Scottish Government
St Andrew’s House
Edinburgh
22nd June 2023