|
|
| |
| |
|
| |
| |
| New Amendments handed in are marked thus |
|
| Amendments which will comply with the required notice period at their next appearance |
|
| Marriage (Same Sex Couples) Bill
|
|
| |
| | The Amendments have been arranged in accordance with the Order of the |
|
| | |
| |
| |
| |
| |
| | |
| Clause 2, page 4, line 13, at end insert— |
|
| | “Marriage counselling etc. |
|
| | 25B(1) | A person does not contravene section 29 only because the person conducts— |
|
| | (a) | a marriage preparation course, |
|
| | (b) | a marriage counselling or guidance service, or |
|
| | (c) | an agency to help people find a spouse, |
|
| | | and does not extend those services to marriages of same-sex couples.’. |
|
| |
| |
| |
| | |
| Clause 2, page 4, line 13, at end insert— |
|
| | ‘Marriage according to religious rites: Opt-in and opt-out activity |
|
| | 25B(1) | A person does not contravene section 29 only because the person— |
|
| | (a) | refrains from undertaking an opt-in activity, or |
|
| | (b) | undertakes an opt-out activity. |
|
|
|
| |
| |
|
| | (2) | Expressions used in this paragraph and in section 2 of the Marriage (Same Sex |
|
| | Couples) Act 2013 have the same meaning in this paragraph as in that |
|
| | |
| |
| |
| |
| | |
| Clause 2, page 4, line 13, at end insert— |
|
| | ‘Religious premises: Trustees |
|
| | 25B(1) | A person who is the trustee of a trust for the advancement of religion does not |
|
| | contravene section 29 only because he refuses to consent to premises owned or |
|
| | controlled by the trust being used for marriages of same sex couples.’. |
|
| |
| |
| |
| | |
| Clause 2, page 4, line 13, at end insert— |
|
| | ‘(6) | For the purposes of section 149 of the Equality Act 2010, no regard may be had |
|
| | by any public authority to any decision by a relevant governing authority or |
|
| | relevant religious organisation to give any consent or to refuse to give any consent |
|
| | provided for in sections 2, 4, 5, or 7 of this Act’. |
|
| |
| |
| |
| |
| | |
| Clause 3, page 4, line 24, leave out ‘marriage’ and insert ‘union’. |
|
| |
| |
| |
| | |
| Clause 3, page 4, line 26, leave out ‘marriage’ and insert ‘union’. |
|
| |
| |
| |
| | |
| Clause 3, page 4, line 41, leave out ‘marriage’ and insert ‘union’. |
|
| |
|
|
| |
| |
|
| |
| |
| |
| | |
| Clause 4, page 5, line 21, at end insert— |
|
| | ‘“recognised” means recognised according to the ordinary customs and |
|
| | usage of the organisation. In the event of a dispute between the members |
|
| | over which person or persons are recognised for the purpose of giving |
|
| | consent for the purposes of this section, the Secretary of State shall |
|
| | consult all members of the relevant religious organisation to determine |
|
| | which person or persons are recognised. This shall include power to order |
|
| | a ballot of members in which a quorum of 66 per cent. shall be required |
|
| | and recognition shall be determined by a majority vote. |
|
| | “members” means those whose names have appeared on a formal |
|
| | membership roll kept by the relevant religious organisation for a period |
|
| | of at least 12 months prior to written consent being given. If no such roll |
|
| | is kept, then the members shall be deemed to be those who have attended |
|
| | worship at the place of worship for a majority of services of worship |
|
| | during the 12 months prior to written consent being given.’. |
|
| |
| |
| |
| |
| | |
| Schedule 1, page 17, line 33, leave out paragraph 3. |
|
| |
| |
| |
| | |
| Schedule 1, page 18, line 7, leave out from beginning to end of line 12. |
|
| |
| |
| |
| |
| |
| | |
| Clause 8, page 8, line 17, leave out ‘may’ and insert ‘shall’. |
|
| |
| |
| |
| |
| | |
| Clause 8, page 8, line 20, leave out ‘may’ and insert ‘shall’. |
|
| |
|
|
| |
| |
|
| |
| |
| |
| | |
| Clause 9, page 9, line 5, at end insert— |
|
| | ‘(1A) | Such a procedure must include a ceremony which reflects the requirements of |
|
| | |
| |
| |
| |
| | |
| Clause 9, page 9, line 8, at end insert— |
|
| | ‘(2A) | Such a procedure must include a ceremony which reflects the requirements of |
|
| | |
| |
| | |
| Clause 9, page 10, line 24, at end insert— |
|
| | ‘(9) | Where a civil partnership formed under part 1, section 96 of the Civil Partnership |
|
| | Act (Civil Partnership with former spouse) is converted into a marriage under this |
|
| | |
| | (a) | the civil partnership ends on the conversion, and |
|
| | (b) | if both partners so elect, the resulting marriage is to be treated as having |
|
| | subsisted since the marriage dissolved under Schedule 2 of the Gender |
|
| | Recognition Act 2004 was formed.’. |
|
| |
| |
| |
| |
| | |
| Schedule 2, page 21, line 29, leave out paragraph 2. |
|
| |
| |
| |
| | |
| Schedule 2, page 21, line 41, leave out ‘, or by virtue of paragraph 2,’. |
|
| |
| |
| |
| | |
| Schedule 2, page 21, line 42, leave out ‘or 2(2)’. |
|
|
|
| |
| |
|
| |
| |
| |
| | |
| Schedule 2, page 22, line 28, leave out sub-sub-paragraph (b). |
|
| |
| |
| |
| |
| | |
| Clause 11, page 10, line 41, leave out subsections (1) and (2). |
|
| |
| |
| |
| | |
| | Clause 11, page 10, line 41, leave out subsection (1) and insert— |
|
| | |
| | (a) | references to “marriage” in relation to same sex couples shall be changed |
|
| | |
| | (b) | in the law of England and Wales, “union” has the same effect in relation |
|
| | to same sex couples as “marriage” has in relation to opposite sex |
|
| | |
| |
| |
| |
| |
| | |
| Schedule 3, page 23, leave out from line 30 to line 29 on page 24. |
|
| |
| |
| |
| |
| | |
| Schedule 4, page 26, line 9, leave out paragraphs 3 and 4. |
|
| |
| | |
| Schedule 4, page 26, line 14, leave out sub-paragraph (2). |
|
| |
| | |
| Schedule 4, page 26, line 21, leave out sub-paragraph (3). |
|
|
|
| |
| |
|
| |
| |
| | |
| Schedule 4, page 33, line 40, leave out paragraph 15 and insert— |
|
| | ‘15(1) | Schedule 9 of the Equality Act 2010 (work: exceptions) is amended as follows. |
|
| | (2) | Omit sub-paragraph 18(1).’. |
|
| |
| | |
| | Schedule 4, page 34, line 4, at end insert— |
|
| | ‘(c) | a woman who is married to a woman who is her spouse where— |
|
| | (i) | the spouse is a woman by virtue of a full gender recognition |
|
| | certificate having been issued under the Gender Recognition |
|
| | |
| | (ii) | the marriage subsisted before the time when that certificate |
|
| | |
| |
| | |
| | Schedule 4, page 34, line 21, at end insert— |
|
| | ‘(2A) | In subsection (3) after “widow’s”, insert “or a survivor same sex spouse’s, |
|
| | where within (4C) below,”.’. |
|
| |
| | |
| | Schedule 4, page 34, line 22, leave out ‘after “partner’s” insert “or surviving same |
|
| sex spouse’s”.’ and insert ‘— |
|
| | (a) | after “partner’s” insert “or surviving same sex spouse’s”; |
|
| | (b) | at end insert “but this limitation does not apply to a surviving same sex |
|
| | spouse by virtue of gender recognition as defined in (4C) below.”.’. |
|
| |
| | |
| | Schedule 4, page 34, line 22, at end insert— |
|
| | ‘(3A) | After subsection (4B) insert— |
|
| | “(4C) | A surviving same sex spouse is ‘a same sex spouse by virtue of |
|
| | gender recognition’ where she was married to— |
|
| | (a) | a spouse who was a woman by virtue of a full gender |
|
| | recognition certificate having been issued under the Gender |
|
| | Recognition Act 2004, and |
|
| | (b) | the marriage subsisted before the time when that certificate |
|
| | |
| |
| | |
| | Schedule 4, page 34, line 29, leave out ‘is a man married to a woman, and the |
|
| earner’ and insert ‘is a man married to a woman, or a woman within (4) below who is |
|
| married to a woman, and the earner’. |
|
| |
| | |
| | Schedule 4, page 34, line 32, leave out ‘is a married woman, a man married to a |
|
|
|
| |
| |
|
| man, or a civil partner, and the earner dies’ and insert ‘is a married woman except within |
|
| (4) below, a man married to man, or a civil partner, and the earner dies’. |
|
| |
| | |
| | Schedule 4, page 34, line 34, at end insert— |
|
| | ‘(4) | A woman by virtue of a full gender recognition certificate having been issued |
|
| | under the Gender Recognition Act 2004, whose marriage subsisted before the |
|
| | time when that certificate was issued.’. |
|
| |
| | |
| | Schedule 4, page 34, line 35, leave out ‘, in subsection (4), for “widower or |
|
| surviving civil partner of an earner” substitute “widower of a female earner, the survivor |
|
| of a marriage with an earner of the same sex, or the survivor of a civil partnership with an |
|
| |
| | (a) | in subsection (4), for “widower or surviving civil partner of an earner” |
|
| | substitute “widower of a female earner, the survivor of a marriage with |
|
| | an earner of the same sex, or the survivor of a civil partnership with an |
|
| | |
| | |
| | “(5) | The limitation in subsection 4 shall not apply to the |
|
| | survivor of a marriage with an earner of the same sex in |
|
| | which the survivor was married to— |
|
| | (a) | a spouse who was a woman by virtue of a full |
|
| | gender recognition certificate having been issued |
|
| | under the Gender Recognition Act 2004, and |
|
| | (b) | the marriage subsisted before the time when that |
|
| | certificate was issued.”.’. |
|
| |
| |
| | |
| Schedule 5, page 36, leave out lines 10 to 37 and insert— |
|
| | | ‘Section 4 (successful applications): for subsections (2) and (3) substitute— |
|
| | “(2) | The certificate is to be a full gender recognition certificate if— |
|
| | (a) | the applicant is not a civil partner and does not request an |
|
| | interim gender recognition certificate, |
|
| | (b) | or the applicant is a civil partner who does not request an |
|
| | interim gender recognition certificate and the Panel has |
|
| | decided to issue a full gender recognition certificate to the |
|
| | other party to the civil partnership. |
|
| | (3) | The certificate is to be an interim gender recognition certificate if |
|
| | |
| | (a) | the applicant is a party to a protected civil partnership and |
|
| | the other party to the civil partnership has not made an |
|
| | application under section 1(1), |
|
|