Commentary Part 1 – Marriage Overview Section 9: Power to modify meaning of “qualifying civil partnership”
49.This section allows the Scottish Ministers to extend by order the category of civil partnerships which can change their relationship to marriage in Scotland. This power could be used to enable civil partners in a partnership registered outwith Scotland to change their civil partnership to a marriage in Scotland.
50.Subsection (2) provides the order may amend primary or secondary legislation and is subject to affirmative procedure.
51.Subsection (3) requires the Scottish Ministers to consult the Registrar General of Births, Deaths and Marriages for Scotland and such other persons as considered appropriate on a copy of the proposed draft order before laying a draft of any such order before the Scottish Parliament.