Part 4 Miscellaneous Amendments
Civil Partnership Act 2004 (2004 c 33) | Legislation

Part 4 Miscellaneous Amendments

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Marriage (Scotland) Act 1977 (c 15)

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Amend section 3 (notice of intention to marry) as follows—

(a)     in subsection (1), after paragraph (a) insert—

“(aa)     if he has previously been in civil partnership and the civil partnership has been dissolved, a copy of the decree of dissolution or annulment;â€, and

(b)     in subsection (2), after “paragraph (a)†insert “, (aa)â€.

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In section 5(4)(b) (ground on which there is a legal impediment to a marriage), at the end insert “or in civil partnershipâ€.

Presumption of Death (Scotland) Act 1977 (c 27)

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(1)     Amend section 1(3) (jurisdiction of Court of Session to entertain action of declarator) as follows.

(2)     In paragraph (b)(i), after “spouse†insert “or civil partnerâ€.

(3)     After paragraph (b) insert

“; or

(c)     in a case where the pursuer in the action is the civil partner of the missing person, the following conditions are met—

(i)     the two people concerned registered as civil partners of each other in Scotland; and

(ii)     it appears to the court to be in the interests of justice to assume jurisdiction in the case. â€

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