House of Commons Amendments

Session 2012 - 13
Internet Publications
Other Bills before Parliament

Public Bill Committee: 5 March 2013
94

Marriage (Same Sex Couples) Bill, continued

(b)
the applicant is a party to a protected civil partnership and

the Panel has decided not to issue a full gender recognition

certificate to the other party to the civil partnership,

(c)
or the applicant is party to a protected marriage, requests an

interim gender recognition certificate and the application

includes a statutory declaration of consent from the

applicant’s spouse.

    (3A)
If a gender recognition panel issues a full gender recognition

certificate under this section to an applicant who is a party to a

marriage or civil partnership, the panel must give the applicant’s

spouse notice of the issue of the certificate.”.’.

Dr Julian Huppert

6

Schedule  5,  page  39,  line  39,  leave out ‘(by virtue of section 4(2)(b) or 4A)’.

Hugh Bayley

Kate Green

Chris Bryant

13

Schedule  5,  page  40,  line  18,  at end insert—

‘Reinstatement of marriages annulled to permit a person to obtain a gender recognition

certificate

9A
Schedule 4 (Effect on Marriage) at beginning insert:

      (1)
This section applies to a formerly married couple whose marriage was

annulled in order to permit one or both partners to that marriage to obtain a full

gender recognition certificate provided that:

(a)
the marriage was annulled following the coming into force of the

Gender Recognition Act 2004, and

(b)
the formerly married couple either:

(i)
formed a civil partnership with each other within six months

of the annulment of their marriage, and continue to maintain

their civil partnership, or

(ii)
have continued to live together in the same household since

the annulment of their marriage, and

(iii)
both partners to the former marriage give notice that they wish

their marriage to be reinstated - with effect from the date that

it was annulled.

      (2)
When notice is given under section (1)(b)(iii), the marriage shall be reinstated

with effect from the date it was annulled.

      (3)
In such circumstances the continuity of the marriage shall not be affected in

any way and all legal rights that accrued to either party to that marriage will be

reinstated - including the right to pensions, tax status in the UK, rights to

property and inheritance.

      (4)
In those cases where the couple subsequently formed a civil partnership, the

civil partnership shall be set aside.

      (5)
The couple whose marriage is reinstated shall be compensated from public

funds for the costs they incurred in annulling the marriage, seperating their

financial affairs, forming a civil parthership and in respect of their costs

incurred in the UK or abroad as a result of the annulmen tof their marriage.”.’.

Public Bill Committee: 5 March 2013
95

Marriage (Same Sex Couples) Bill, continued

Dr Julian Huppert

8

Schedule  5,  page  40,  leave out lines 30 to 31 and insert—

‘(a)
the registration of qualifying marriages,

(b)
the registration of qualifying civil partnerships,

(c)
the issue of replacement marriage certificates displaying the new

details of the parties to the marriage but maintaining the original date,

(d)
the issue of replacement birth certificates where the application is

shown on the certificate, with the consent of the other parent named

and—

(i)
where the child has reached 16 years of age, the consent of the

child to whom the birth certificate relates,

(ii)
where the child has not yet reached the age of 16 years, the

consent of the other parent named on the birth certificate,

where present.’.

Dr Julian Huppert

4

Schedule  7,  page  50,  line  37,  at end insert—

‘(24A)
Section 12 (grounds on which a marriage is voidable): omit paragraph (h).’.

Mr David Burrowes

Tim Loughton

Jim Shannon

30

Schedule  7,  page  52,  line  26,  at end insert—

‘Human Rights Act 1998. (c.42)

42
The Human Rights Act 1998 is amended as follows.

43
Section 6: after subsection 3 insert—

“(3A)
A “public authority” for the purposes of this section does not include

a relevant governing authority or relevant religious organisation in

respect of functions relating to giving any consent or to refusing to

give any consent provided for in sections 2, 4, 5, or 7 of the [Marriage

(Same Sex Couples)] Act 2013.”.’.

Mr David Burrowes

Tim Loughton

Jim Shannon

31

Schedule  7,  page  52,  line  26,  at end insert—

‘42
The Education Act 1996 is amended as follows.

43
Section 403 (sex education: manner of provision), after subsection (1D)

insert—

“(1E)
For the purposes of subsection (1A), no school shall be under any duty

as a result of guidance issued, to promote or endorse any

understanding of the nature of marriage that is contrary to the

character and designation of the school.”.’.

Public Bill Committee: 5 March 2013
96

Marriage (Same Sex Couples) Bill, continued

Mr David Burrowes

Tim Loughton

Jim Shannon

32

Schedule  7,  page  52,  line  26,  at end insert—

‘Public Order Act 1986

42  (1)
Section 29JA is amended as follows.

43  (2)
For section 29JA there shall be subsituted the following—

“29JA
Protection of freedom of expression (sexual orientation)


In this Part, for the avoidance of doubt, the discussion or criticism

of sexual conduct or practices or the urging of persons to refrain

from or modify such conduct or practices or the discussion or

criticism of same-sex marriage shall not be taken of itself to be

threatening or intend to stir up hatred.”.’.

Mr David Burrowes

Tim Loughton

Jim Shannon

33

Schedule  7,  page  52,  line  26,  at end insert—

‘42(1)
Section 89 (interpretation and exceptions): After subsection (1) insert—

“(1A)
For the avoidance of doubt, the discussion or criticism of sexual

conduct or practices or the discussion or criticism of same-sex

marriage shall not be taken of iteslf to be discrimination for the

purposes of section 85.”.’.

Mr David Burrowes

Jim Shannon

Tim Loughton

40

Clause  15,  page  12,  line  11,  leave out subsections (2) and (3) and insert—

‘(2)
The following subordinate legislation may not be made unless a draft of the

statutory instrument containing the legislation has been laid before, and approved

by resolution of, each House of Parliament—

(a)
an order under section 8;

(b)
an order under section 14(1) or (2);

(c)
an order under paragraph 1 or 2 of Schedule 2;

(d)
an order under section 11(5)(c);

(e)
an order under paragraph 2 of Schedule 2;

(f)
an order under paragraph 24 of Schedule 4.

(2A)
Before the Secretary of State makes an order under subsection (2) he must consult

such other persons as appear to him to be likely to be affected by his proposals.

(2B)
If, following consultation under the provisions in subsection (2A), the Secretary

of State proposes to make an order under subsection (2) he must lay before each

House of Parliament a document which—

(a)
explains his proposals;

Public Bill Committee: 5 March 2013
97

Marriage (Same Sex Couples) Bill, continued

(b)
sets them out in the form of a draft order; and

(c)
gives details of consultation under subsection (2A).

(2C)
Where a document relating to proposals is laid before Parliament under

subsection (2B), no draft of an order under subsection (2) to give effect to the

proposals (with or without modifications) is to be laid before Parliament until

after the expiry of the period of 60 days beginning with the day on which the

document was laid.

(2D)
In calculating the period mentioned in subsection (2C) no account is to be taken

of any time during which—

(a)
Parliament is dissolved or prorogued; or

(b)
either House is adjourned for more than four days.

(2E)
In preparing a draft order under subsection (2) the Secretary of State must

consider any representations made during the period mentioned in subsection

(2C).

(2F)
A draft order under subsection (2) which is laid before Parliament must be

accompanied by a statement of the Secretary of State giving details of—

(a)
any representations considered in accordance with subsection (2E); and

(b)
any changes made to the proposals contained in the document laid before

Parliament under subsection (2B).’.

Jim Shannon

Tim Loughton

Mr David Burrowes

45

Clause  17,  page  14,  line  3,  leave out subsection (3).

New Clauses

Part 1 of the Civil Partnership Act 2004

Mr Rob Wilson

Dr Julian Huppert

Greg Mulholland

Stephen Williams

Charlotte Leslie

NC1

To move the following Clause:—

‘(1)
Part 1 of the Civil Partnership Act 2004 is amended as follows.

(2)
In section 1, subsection (1), leave out “of the same sex”.’.

Public Bill Committee: 5 March 2013
98

Marriage (Same Sex Couples) Bill, continued

Part 2 of the Civil Partnership Act 2004

Mr Rob Wilson

Dr Julian Huppert

Greg Mulholland

Stephen Williams

Charlotte Leslie

NC2

To move the following Clause:—

‘(1)
Part 2 of the Civil Partnership Act 2004 is amended as follows.

(2)
In section 3, subsection (1), after “if—”, leave out—

“(a)
they are not of the same sex”.’.

Marriages according to usages of approved organisations

Dr Julian Huppert

Stephen Williams

Kelvin Hopkins

NC3

To move the following Clause:—

‘(1)
In the Marriage Act 1949, after section 47, insert the following section—

“47A
Marriages according to usages of approved organisations

(1)
The Registrar General may by certificate approve organisations to

solemnise marriages according to their usages provided that any such

organisation—

(a)
is a registered charity concerned with advancing or practising a

religion or belief, including a non-religious belief;

(b)
does not possess or have the use of any registered place of

worship; and

(c)
appears to the Registrar General to be of good repute.

(2)
In the certificate referred to in subsection (1) the Registrar General shall

designate an officer of the organisation (“the principal officer”) to

appoint persons for stated periods of time to act as registering officers on

behalf of the organisation, and may impose such conditions as seem to

him or her to be desirable relative to the conduct of marriages by the

organisation and to the safe custody of marriage register books.

(3)
The principal officer shall, within the prescribed time and in the

prescribed manner, certify the names and addresses of the persons so

appointed to the Registrar General and to the superintendent registrars of

the registration districts in which such persons live, together with such

other details as the Registrar General shall require.

(4)
A marriage shall not be solemnised according to the usages of an

approved organisation until duplicate marriage register books have been

supplied by the Registrar General under Part IV of this Act to the

registering officers appointed to act on behalf of the organisation.

Public Bill Committee: 5 March 2013
99

Marriage (Same Sex Couples) Bill, continued

(5)
If the Registrar General is not satisfied with respect to any registering

officer of the approved organisation that sufficient security exists for the

safe custody of marriage register books, he or she may in his or her

discretion suspend the appointment of that registering officer.

(6)
A marriage to which this section applies shall be solemnised with open

doors in the presence of either—

(a)
a registrar of the registration district in which the marriage takes

place; or

(b)
a registering officer appointed under subsection (2) whose name

and address have been certified in accordance with subsection

(3) and of two witnesses;

and the persons to be married shall make the declarations and use the

form of words set out in subsection (3) or (3A) of section 44.

(7)
A marriage solemnised according to the usages of an approved

organisation shall not be valid unless there is produced to the

superintendent registrar, at the time when notice of marriage is given, a

certificate signed by the principal officer or a registering officer of the

approved organisation that each person giving notice of marriage is a

member of the said organisation.

(8)
A certificate under subsection (7) shall be for all purposes conclusive

evidence that any person to whom it relates is authorised to be married

according to the usages of the said organisation and the entry of the

marriage in a marriage register book under Part IV of this Act, or a

certified copy thereof made under the said Part IV, shall be conclusive

evidence of the production of such a certificate.”.

(2)
Schedule [Consequential amendments—Marriage according to usages of

approved organisations] has effect.’.

Conscientious objection

Mr David Burrowes

Tim Loughton

Jim Shannon

NC5

To move the following Clause:—

‘(1)
No person shall be under any duty, whether by contract or by statutory or other

legal requirement, to conduct a marriage to which he has a concientious

objection.

(2)
For the purposes of this section, a “conscientious objection” exists where the

refusal to conduct a marriage is only that it concerns a same sex couple, and is

based on the person’s sincerely held religious or other beliefs.

(3)
This section is without prejudice to the duty of a registration authority to ensure

that there is a sufficient number of registrars and superintendent registrars for its

area to carry out in that area the functions of registrars and superintendents.

Public Bill Committee: 5 March 2013
100

Marriage (Same Sex Couples) Bill, continued

(4)
In any legal proceedings the burden of proof of conscientious objection shall rest

on the person claiming to rely on it.’.

Existing charitable trust deeds

Mr David Burrowes

Tim Loughton

Jim Shannon

NC6

To move the following Clause:—

‘A charitable trust deed which includes in its objects, directly or indirectly, the

promotion of marriage or the provision of marriage counselling is not extended

by this Act to marriages of same-sex couples.’.

Education: Parental right of withdrawal

Mr David Burrowes

Tim Loughton

Jim Shannon

NC7

To move the following Clause:—

‘In the event that a school teaches about same-sex marriage in a way which

conflicts with the beliefs of a parent, that parent shall have a right to withdraw

their child from the lesson or lessons in which that teaching takes place,

regardless of whether the lesson is deemed to constitute sex education.’.

Part 2 of the Civil Partnership Act 2004—adultery

Charlotte Leslie

NC8

To move the following Clause:—

‘(1)
Part 2 of the Civil Partnership Act 2004 is amended as follows.

(2)
In section 44, subsection (5), at end add—

“(e)
that the respondent has committed adultery and the applicant

finds it intolerable to live with the respondent.”.’.



© Parliamentary copyright	Revised 5 March 2013