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· FOI · partially withheld

Changing civil partnerships to marriages in Scotland 2014-2016: FOI release

Published
2017-07-17
Received
Responded
Directorate
Justice Directorate
Topic
Law and order, Public sector
Exemptions
8, 9, 36(1)

Information requested

Between 2014-2016, information concerning communications between, on the one hand: Marco Biagi as minister for local government and community empowerment (and his office) and on the other hand:

Arlene Foster and/or the Northern Ireland executive about "switching" Northern Ireland civil partnerships into Scottish marriages; the British government about "switching" civil partnerships from England and Wales into Scottish marriages.

Response

By way of background, section 8 of the Marriage and Civil Partnership (Scotland) Act 2014 made provision so that civil partners in a partnership registered in Scotland can, if they wish, change their relationship to marriage in Scotland. Section 9 of the 2014 Act gives a power to the Scottish Ministers to make a Scottish Statutory Instrument (SSI) so that couples in a civil partnership registered outside of Scotland can also, if they wish, change their relationship to marriage in Scotland.

The Scottish Ministers have made an SSI under section 9.

The Scottish Government has also issued guidance (see NRS website - PDF 31kb) to couples considering changing their civil partnership registered outside of Scotland to a marriage in Scotland:

Before making the SSI, the Scottish Government issued a consultation on a draft order on changing civil partnerships registered outwith Scotland into marriage in Scotland. The consultation follows an earlier discussion paper.

Detected exemption language

Response By way of background, section 8 of the Marriage and Civil Partnership (Scotland) Act 2014 made provision so that civil partners in a partnership registered in Scotland can, if they wish, change their relationship to marriage in Scotland. Section 9 of the 2014 Act gives a power to the Scottish Ministers to make a Scottish Statutory Instrument (SSI) so that couples in a civil partnership registered outside of Scotland can also, if they wish, change their relationship to marriage in Scotland. The Scottish Ministers have made an SSI under section 9. While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information you have requested because an exemption under section 36(1) (confidentiality) of FOISA applies to that information. The reasons why that exemption(s) applies are explained below.

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