Written Question · S7W-04033 · Session 7
Further to the answer to question S7W-00315 by Simita Kumar on 3 June 2026, whether it will provide an update on its discussions with the U…
The question
To ask the Scottish Government, further to the answer to question S7W-00315 by Simita Kumar on 3 June 2026, whether it will provide an update on its discussions with the UK Government regarding the proposed Section 104 Order relating to changing marriages to civil partnerships covering the reserved law of Scotland only and what the anticipated timescale is for the Order to be made.
The answer
The Scottish Government recognises the importance that some couples place on being able to convert their marriage to a civil partnership. We remain committed to introducing regulations to allow couples to convert marriages to civil partnerships and will continue to work constructively with the UK Government on this matter.While marriage and civil partnership law is devolved in Scotland, any change in this area requires careful consideration of interactions with wider UK legislation and we need to ensure that couples who convert a marriage to a civil partnership in Scotland retain the same rights and protections across reserved matters or matters which are otherwise within the legislative competence of the UK Parliament, for example, pensions, taxation, wills, titles.Scottish Government officials have recently been in discussions with UK Government departments, that hold an interest in the matters that would form part of a Section 104 Order. At this stage no timetable has been agreed for the Order to be made, work in this area is ongoing and is making progress. Ministers will be requesting the relevant S104 Order from the UK Government to ensure changes are compatible with the wider legal framework and do not disadvantage Scottish citizens and will recognise that conversion is treated as a continuation of an existing relationship rather than the creation of a new one.
In the Official Report
No contribution in the Official Report cites S7W-04033 by reference.