Commentary on Provisions Marriage between civil partners in a qualifying civil partnership: celebrants Section 12: Marriage between civil partners in a qualifying civil partnership: celebrants
29.There is provision under current law for civil partners to marry and this ability will apply automatically to different sex civil partnerships once they are introduced by the Act. No celebrant will be required by the legislation to solemnise such marriages. To prevent there being any doubt about the position, section 12 inserts a new section 8(1AA) into the Marriage (Scotland) Act 1977 which states that nothing in the section imposes a duty (a) upon celebrants to solemnise a marriage between qualifying civil partners who are of different sexes or (b) on any person to apply for temporary authorisation to solemnise such a marriage.