House of Commons Amendments

Session 2012 - 13
Internet Publications
Other Bills before Parliament

21

House of Commons

Thursday 14 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 Order of the

Committee [12 February].

Kate Green

Chris Bryant

Stephen Williams

2


Clause  8,  page  8,  line  17,  leave out ‘may’ and insert ‘shall’.

Kate Green

Chris Bryant

Stephen Williams

3


Clause  8,  page  8,  line  20,  leave out ‘may’ and insert ‘shall’.

Dr Julian Huppert

7


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

section—

(a)
the civil partnership ends on the conversion, and

Public Bill Committee: 14 February 2013
22

Marriage (Same Sex Couples) Bill, continued

(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.’.

Dr Julian Huppert

5


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

either—

(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),

(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)’.

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,

Public Bill Committee: 14 February 2013
23

Marriage (Same Sex Couples) Bill, continued

(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).’.

New Clauses

Part 1 of the Civil Partnership Act 2004

Mr Rob Wilson

Dr Julian Huppert

Greg Mulholland

Stephen Williams

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

Stephen Williams

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”.’.

Public Bill Committee: 14 February 2013
24

Marriage (Same Sex Couples) Bill, continued

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

(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.

Public Bill Committee: 14 February 2013
25

Marriage (Same Sex Couples) Bill, continued

(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

Stephen Williams

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—

“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—

Public Bill Committee: 14 February 2013
26

Marriage (Same Sex Couples) Bill, continued

“(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: 14 February 2013
27

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.

Order of the Committee [12 February 2013]

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;



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