S6W-24400

Asked by: Grant, Rhoda (Scottish Labour - Highlands and Islands)

Question

To ask the Scottish Government whether it will provide an update on when it plans to make regulations under section 4 of the Civil Partnership (Scotland) Act 2020 to enable pre-existing marriages to become civil partnerships.

Answered by Somerville, Shirley-Anne - Cabinet Secretary for Social Justice

Section 4 of the Civil Partnership (Scotland) Act 2020 (legislation.gov.uk) provides the Scottish Ministers with a regulation-making power to enable marriages to become civil partnerships, if the parties so wish. The Scottish Ministers have not yet made regulations under section 4 as the Scottish Government wishes to ensure that couples who change their marriage to civil partnership have full rights and responsibilities, including in relation to reserved and cross-UK border matters. There are potential points arising on aspects of pensions (which are generally reserved) and on the recognition in England and Wales and Northern Ireland of marriages changed to civil partnerships in Scotland.

In line with usual practice, we have, therefore, been in discussions with the Office of the Secretary of State for Scotland (OSSS) on making an Order under section 104 of the Scotland Act 1998 (legislation.gov.uk) on UK consequential legislation following the 2020 Act.

On 17 November 2022, officials in the OSSS advised Scottish Government officials that “the UK Government is not yet in a position to make a decision on the recognition of converted Scottish civil partnerships in England and Wales.” Following this, Scottish Government officials sent the OSSS on 21 December 2022 a revised policy proposal for a section 104 Order relating to changing marriages to civil partnerships covering the reserved law of Scotland only. There has been no substantive progress on this proposal in 2023.

I have written to the Secretary of State for Scotland to ask about progress in taking forward the proposal we sent to them on 21 December 2022. I also said in my letter to the Secretary of State that if the UK Government does not consider the December 2022 proposal is an appropriate way forward, it would be useful if he could outline what would be appropriate.