Commentary on Sections Part 3 - Civil Partnerships: Scotland.Introduction Chapter 1 - Formation and eligibility Section 86: Eligibility
174.Subsection (1) provides that two people are not eligible to register in Scotland as civil partners of each other if –
175.Subsection (2) defines “forbidden degree” by reference to columns 1 and 2 of Schedule 10.
176.Subsections (3) and (4) set out the circumstances in which persons over 21, within the relationships of affinity set out in paragraphs 2 and 3 of Schedule 10, will not be related in a forbidden degree.
177.Subsections (5) to (7) apply the provisions of this section and Schedule 10, with appropriate modifications, to the case of a person wishing to form a civil partnership in his acquired gender under the Gender Recognition Act 2004.
178.Subsections (9) and (10) set out that half blood relationships and adoptive relationships are included within the degrees of relationship specified in paragraph 1 of Schedule 10. In practice, this means for example, that a person could not form a civil partnership with their sibling, whether that sibling was full blood, half blood or adopted.