Civil Partnership Registration: A legal status for committed same-sex couples in Scotland (jęz. angielski)
Wstęp do ustawy o rejestrowanych związkach partnerskich w Szkocji:
On 30 June, the UK Government published a consultation paper on civil partnership registration for same-sex couples in England and Wales. We have carefully considered the implications for Scotland of the UK Government's proposals should they proceed with legislation.
On 10 September I announced that:
same-sex couples should be able to register their partnership in Scotland in order to access a comprehensive package of rights and responsibilities in both reserved and devolved areas.
to ensure this package of rights and responsibilities takes account of the reserved and devolved elements of this new status, we believe that the Scottish Parliament should be invited to agree that Scottish provisions are included in any future UK Civil Partnership Registration Bill.
Civil partnership registration is a complex and sensitive issue and we have very carefully considered the most appropriate way forward before reaching a decision.
In reaching a view on this issue for Scotland, our key considerations have been:
the intertwining of devolved and reserved policy strands inherent in civil partnership registration,
our desire to avoid a complex web of differing rights emerging between Scotland, and England and Wales, and
the advantages which parity offers in relation to cross-border issues.
We have also been mindful of our commitment to equality. The Scotland Act definition of equal opportunities includes sexual orientation and the Executive is committed to looking at lesbian, gay, bisexual and transgender issues as part of its wider work on mainstreaming equality and promoting equal opportunities.
This consultation paper provides fuller details of the background to civil partnership registration and the reasoning underpinning our preference for a UK legislative approach.
I welcome your views on these proposals. The consultation responses will be carefully considered as we move forward.
Cathy Jamieson, MSP
Minister for Justice
EXECUTIVE SUMMARY The UK Government proposes to create a scheme under which same-sex couples in England and Wales will be able to register their partnership. In the event that the UK Government brings forward legislation, Scottish Ministers propose that same-sex couples in Scotland should be able to register their partnership in Scotland.
In order to avoid discrimination and cross border difficulties, the new status should trigger access to rights and responsibilities in both devolved and reserved areas. This can most sensibly be achieved by including Scottish provisions in any Westminster Bill on civil partnership registration.
The Scottish Parliament will be invited to agree a Sewel motion to allow legislation to be achieved in this way.
Scottish provisions included in any Westminster Bill will be based on Scots law.
Any scheme will be for adult same-sex couples who are not in an existing registered partnership or marriage and are not closely related.
Couples who register would have a new legal status as "registered civil partners", and would acquire a comprehensive package of rights and responsibilities.
Legal Consequences of Registering a Civil Partnership
Couples who register in Scotland would give notice of their intention to register at a registry office, and could sign the civil partnerships register 15 days later.
Couples would acquire rights and responsibilities that would reflect the commitment they had made to each other and to help them organise their lives together. These legal consequences would follow from registration.
Scottish Ministers intend that registered civil partnerships be long-term, stable relationships, so there would be a formal, court-based process for dissolution. The partner applying for the partnership to be dissolved would have to show that it had broken down irretrievably.
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