House of Commons Amendments

Session 2012 - 13
Internet Publications
Other Bills before Parliament

11

House of Commons

Tuesday 12 February 2013

Public Bill Committee

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

Note

The Amendments have been arranged in accordance with the Resolution of the

Programming Sub-Committee.

Resolution of the Programming Sub-Committee

The Programming Sub-Committee appointed by the Speaker in respect of the Bill

agreed the following Resolution at its meeting on Monday 11 February (Standing Order

No. 83C):

That—

(1)
the Committee shall (in addition to its first meeting at 8.00 am on Tuesday 12

February) meet—

(a)
at 2.00 pm on Tuesday 12 February;

(b)
at 11.30 am and 2.00 pm on Thursday 14 February;

(c)
at 8.55 am and 2.00 pm on Tuesday 26 February;

(d)
at 11.30 am and 2.00 pm on Thursday 28 February;

(e)
at 8.55 am and 2.00 pm on Tuesday 5 March;

(f)
at 11.30 am and 2.00 pm on Thursday 7 March; and

(g)
at 8.55 am and 2.00 pm on Tuesday 12 March;

(2)
the Committee shall hear oral evidence in accordance with the following

Table;

TABLE

Date
Time
Witness

Tuesday 12 February
Until no later than
Department for Culture,

9.00 am
Media and Sport;

Department for Education

Tuesday 12 February
Until no later than
The Church of England

9.45 am

Tuesday 12 February
Until no later than
The Catholic Bishops’

10.30 am
Conference of England and

Wales

Tuesday 12 February
Until no later than
The Church in Wales

11.00 am

Tuesday 12 February
Until no later than
Lord Pannick QC; Baroness

11.25 am
Kennedy of the Shaws QC

Tuesday 12 February
Until no later than
Stonewall; Lesbian and Gay

3.00 pm
Foundation; Gender

Identity Research and

Education Society

Tuesday 12 February
Until no later than
Liberal Judaism; Board of

3.45 pm
Deputies of British Jews

Tuesday 12 February
Until no later than
Out4Marriage

4.15 pm

Tuesday 12 February
Until no later than
Coalition for Marriage

4.45 pm

Tuesday 12 February
Until no later than
Professor Julian Rivers,

5.15 pm
University of Bristol Law

School

Thursday 14 February
Until no later than
The Religious Society of

12.15 pm
Friends (Quakers in

Britain); the General

Assembly of Unitarian and

Free Christian Churches

Thursday 14 February
Until no later than
The Methodist Church; the

1.00 pm
United Reformed Church

Thursday 14 February
Until no later than
Liberty; Equality and

2.45 pm
Human Rights

Commission; The Co-

operative Group

Thursday 14 February
Until no later than
Schools OUT; PHSE

3.15 pm
Association

Thursday 14 February
Until no later than
The Very Reverend Jeffrey

3.45 pm
John, Dean of St Albans;

Alice Arnold, broadcaster

Thursday 14 February
Until no later than
Brendan O’Neill, journalist;

4.15 pm
Mark Jones, partner at

Ormerods Solicitors

Public Bill Committee: 12 February 2013
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Marriage (Same Sex Couples) Bill, continued

Public Bill Committee: 12 February 2013
13

Marriage (Same Sex Couples) Bill, continued

(3)
proceedings on consideration of the Bill in Committee shall be taken in the

following order: Clauses 1 to 4; Schedule 1; Clauses 5 to 10; Schedule 2;

Clause 11; Schedules 3 and 4; Clause 12; Schedule 5; Clause 13; Schedule 6;

Clause 14; Schedule 7; Clauses 15 to 18; new Clauses; new Schedules;

remaining proceedings on the Bill; and

(4)
the proceedings shall (so far as not previously concluded) be brought to a

conclusion at 5.00 pm on Tuesday 12 March.

Hugh Robertson has given notice of his intention to move a motion in the terms of the

Resolution of the Programming Sub-Committee [Standing Order No. 83C].

Hugh Robertson

That, subject to the discretion of the Chair, any written evidence received by the

Committee shall be reported to the House for publication.

Hugh Robertson

That, at this and any subsequent meeting at which oral evidence is to be heard, the

Committee shall sit in private until the witnesses are admitted.

New Clauses

Part 1 of the Civil Partnership Act 2004

Mr Rob Wilson

Dr Julian Huppert

Greg Mulholland

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”.’.

Part 2 of the Civil Partnership Act 2004

Mr Rob Wilson

Dr Julian Huppert

Greg Mulholland

NC2

To move the following Clause:—

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

Public Bill Committee: 12 February 2013
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Marriage (Same Sex Couples) Bill, continued

(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.

(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

Public Bill Committee: 12 February 2013
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Marriage (Same Sex Couples) Bill, continued

(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.’.

NEW SCHEDULE

Dr Julian Huppert

Kelvin Hopkins

NS1

To move the following Schedule:—

‘Consequential amendments—Marriage according to usages of approved

organisations


The following amendments are made to the Marriage Act 1949—

      (1)
In section 26 (marriages which may be solemnised on authority of

superintendent registrar’s certificate) in subsection (1) after paragraph (c) there

is inserted—

“(ca)
a marriage conducted under the auspices of an approved

organisation;”.

      (2)
In section 35 (marriages in registration district in which neither party resides)

after “the Society of Friends” there is inserted “or of an approved

organisation”.

      (3)
In section 43 (appointment of authorised persons) in subsection (3) after “the

Society of Friends” there is inserted “or of an organisation authorised by the

Registrar General under section 47A”.

      (4)
In section 50 (person to whom certificate to be delivered), in subsection (1)

after paragraph (d) there is inserted—

“(da)
if the marriage is to be solemnised according to the usages of an

approved organisation, a registering officer of that organisation”.

      (5)
After section 52, the following section is inserted—

Public Bill Committee: 12 February 2013
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Marriage (Same Sex Couples) Bill, continued

“52A
Interpretation

In this Part of this Act “approved organisation” has the meaning given

to it in section 67.”.

      (6)
In section 53 (persons by whom marriages are to be registered), after paragraph

(b) there is inserted—

“(ba)
in the case of a marriage solemnised according to the usages of an

approved organisation, a registered officer of that organisation;”.

      (7)
In section 54 (provision of marriage register books by Registrar General), in

subsection (1) after the words “the Society of Friends,” there is inserted

“registering officer of every approved organisation”.

      (8)
In section 55 (manner of registration of marriages)—

(a)
in subsection (1) after the words “the Society of Friends” there is

inserted “or of an approved organisation”; and

(b)
in subsection (1)(b) after the words “the Society of Friends” there is

inserted “or of an approved organisation” and after the words “the said

Society” there is inserted “or organisation”.

      (9)
In section 57 (quarterly returns to be made to superintendent registrar), in

subsection (1) after the words “the Society of Friends” there is inserted “or of

an approved organisation”.

    (10)
In section 59 (custody of register books) after the words “the Society of

Friends” there is inserted “or of an approved organisation”.

    (11)
In section 60 (filled register books) in subsection (1), paragraph (b), after the

words “registering officer of the Society of Friends” there is inserted “or of an

approved organisation”; after the words “members of the Society of Friends”

there is inserted “or of the said organisation”, and after the words “the said

Society” there is inserted “or organisation”.

    (12)
In section 63 (searches in register books) after the words “the Society of

Friends” there is inserted “or of an approved organisation”.

    (13)
In section 67 (interpretation of Part IV), there are inserted in the list of

definitions the following—

““approved organisation” means an organisation approved by the Registrar

General under section 47A of this Act;” and

““registering officer of an approved organisation” means a person whom the

principal officer of the said organisation certifies in writing under his or

her hand to the Registrar General to be a registering officer in England or

Wales of that organisation;”;


and in the definition of “superintendent registrar” after paragraph (b) insert—

“(ba)
in the case of a marriage registered by a registering officer of an

approved organisation, the superintendent registrar of the registration

district which is assigned by the Registrar General to that registering

officer;”.

    (14)
In section 75 (offences relating to solemnisation of marriages) in subsection

(1), paragraph (a), after the words “the Society of Friends” there is inserted “or

of an approved organisation”; and in subsection (2), paragraph (a), after the

words “the Society of Friends” there is inserted “or of an approved

organisation”.’.

Public Bill Committee: 12 February 2013
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Marriage (Same Sex Couples) Bill, continued

Dr Julian Huppert

Stephen Williams

1

Title,  line  4,  after ‘overseas’, insert ‘to permit the Registrar General to permit certain

charitable organisations to solemnise marriages.’.

Order of the House [5 February 2013]

That the following provisions shall apply to the Marriage (Same Sex Couples) Bill:

Committal

1.
The Bill shall be committed to a Public Bill Committee.

Proceedings in Public Bill Committee

2.
Proceedings in the Public Bill Committee shall (so far as not previously

concluded) be brought to a conclusion on 12 March 2013.

3.
The Public Bill Committee shall have leave to sit twice on the first day on

which it meets.

Consideration and Third Reading

4.
Proceedings on Consideration and Third Reading shall be taken in two days

in accordance with the following provisions of this Order.

5.
Proceedings on Consideration shall (so far as not previously concluded) be

brought to a conclusion one hour before the moment of interruption on the

second day.

6.
Proceedings on Third Reading shall (so far as not previously concluded) be

brought to a conclusion at the moment of interruption on the second day.

7.
Standing Order No. 83B (Programming committees) shall not apply to

proceedings on Consideration and Third Reading.

Other proceedings

8.
Any other proceedings on the Bill (including any proceedings on

consideration of Lords Amendments or on any further messages from the

Lords) may be programmed.



© Parliamentary copyright	Revised 12 February 2013