Commentary on Provisions Eligibility and Registration in Scotland Section 6: Eligibility of persons of different sexes to enter into a civil partnership
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).