Coronavirus (Scotland) (No.2) Act 2020: fifth report on marriage and civil partnership

Fifth two-monthly report to the Scottish Parliament on the steps taken to ensure that the solemnisation of marriages and registration of civil partnerships continues to be available and on the number of marriages and civil partnerships that have taken place during the two month reporting period.


Introduction

1. Paragraph 24 of schedule 1 of the Coronavirus (Scotland) (No.2) Act 2020 ("the second Scottish Act") requires Scottish Ministers, in conjunction with the Registrar General of Births, Deaths and Marriage for Scotland ("the Registrar General") to take such steps as they consider necessary to ensure that the solemnisation of marriages and the registrations of civil partnerships continues to be available in Scotland whilst paragraph 24 is in force.

2. It specifies that the steps taken must ensure that a person's right to marry, which is protected by Article 12 of the European Convention on Human Rights (ECHR) is not disproportionately interfered with for reasons relating to coronavirus.

3. It also requires the Scottish Ministers to report on the steps taken and on the number of marriages and civil partnerships that have taken place.

4. The Coronavirus (Scotland) Acts (Early Expiry and Suspension of Provisions) Regulations 2021 came into force on 29 March 2021 and suspended the operation of paragraph 24 of schedule 1 of the second Scottish Act with effect from that date.[1]There will, therefore, be no further reporting to the Scottish Parliament under paragraph 24 unless the provision is revived by further regulations.

Contact

Email: family.law@gov.scot

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