18.Section 86(1) of the 2004 Act sets out the circumstances in which two people are not eligible to register as civil partners, including that the parties are related in a forbidden degree or that one or both is under 16. These disqualifying criteria include in section 86(1)(a) that the two people are not of the same sex. Section 6 of the Act repeals section 86(1)(a).
Commentary on Provisions Eligibility and Registration in Scotland Section 6: Eligibility of persons of different sexes to enter into a civil partnership