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| | For other Amendment(s) see the following page(s) of Supplement to Votes:
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| | Marriage (Same Sex Couples) Bill |
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| | | Marriages according to usages of approved organisations |
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| | To move the following Clause:— |
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| | | ‘(1) | In the Marriage Act 1949, after section 47, insert the following section— |
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| | | “47A | Marriages according to usages of approved organisations |
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| | | (1) | The Registrar General may by certificate approve organisations to |
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| | | solemnize marriages according to their usages provided that any such |
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| | | (a) | is a registered charity concerned with advancing or practising a |
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| | | religion or belief, including a non-religious belief; |
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| | | (b) | does not possess or have the use of any registered place of |
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| | | worship that has been registered for the solemnization of |
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| | | (c) | appears to the Registrar General to be of good repute. |
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| | | (2) | In the certificate referred to in subsection (1) the Registrar General shall |
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| | | designate an officer of the organisation (“the principal officer”) to |
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| | | appoint persons for stated periods of time to act as registering officers on |
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| | | behalf of the organisation, and may impose such conditions as seem to |
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| | | him or her to be desirable relative to the conduct of marriages by the |
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| | | organisation and to the safe custody of marriage register books. |
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| | | (3) | The principal officer shall, within the prescribed time and in the |
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| | | prescribed manner, certify the names and addresses of the persons so |
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| | | appointed to the Registrar General and to the superintendent registrars of |
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| | | the registration districts in which such persons live, together with such |
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| | | other details as the Registrar General shall require. |
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| | | (4) | A marriage shall not be solemnized according to the usages of an |
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| | | approved organisation until duplicate marriage register books have been |
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| | | supplied by the Registrar General under Part IV of this Act to the |
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| | | registering officers appointed to act on behalf of the organisation. |
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| | | (5) | If the Registrar General is not satisfied with respect to any registering |
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| | | officer of the approved organisation that sufficient security exists for the |
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| | | safe custody of marriage register books, he or she may in his or her |
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| | | discretion suspend the appointment of that registering officer. |
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| | | (6) | A marriage to which this section applies shall be solemnized with open |
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| | | doors in the presence of either— |
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| | | (a) | a registrar of the registration district in which the marriage takes |
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| | | (b) | a registering officer appointed under subsection (2) whose name |
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| | | and address have been certified in accordance with subsection |
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| | | (3) and of two witnesses; |
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| | | and the persons to be married shall make the declarations and use the |
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| | | form of words set out in subsection (3) or (3A) of section 44. |
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| | | (7) | A marriage solemnized according to the usages of an approved |
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| | | organisation shall not be valid unless there is produced to the |
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| | | superintendent registrar, at the time when notice of marriage is given, a |
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| | | certificate purporting to be signed by the principal officer or a registering |
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| | | officer of the approved organisation to the effect that each person giving |
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| | | notice of marriage is either a member of the said organisation or is |
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| | | authorised to be married according to the said usages under or in |
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| | | pursuance of a general rule of the said approved organisation. |
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| | | (8) | A certificate under subsection (7) shall be for all purposes conclusive |
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| | | evidence that any person to whom it relates is authorised to be married |
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| | | according to the usages of the said organisation and the entry of the |
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| | | marriage in a marriage register book under Part IV of this Act, or a |
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| | | certified copy thereof made under the said Part IV, shall be conclusive |
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| | | evidence of the production of such a certificate. |
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| | | (9) | A copy of any general rule of the said organisation purporting to be |
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| | | signed by the principal officer for the time being of the said organisation |
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| | | shall be admitted as evidence of the general rule in all proceedings |
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| | | touching the validity of any marriage solemnized according to the usages |
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| | | of the said organisation.”. |
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| | | (2) | Schedule [Consequential amendments—Marriage according to usages of |
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| | | approved organisations] has effect.’. |
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| | Page 3, line 28 [Clause 2], after sub-paragraph (i) insert— |
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| | | ‘(iA) | section 47A (marriages according to the usages of approved |
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| | | organisations) when the organisation in question is a religious |
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| | Page 6, line 29 [Clause 5], after ‘solemnized’, insert ‘and includes a religious |
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| | organisation approved under section 47A(1).’. |
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| | Page 49, line 16 [Schedule 7], after ‘celebrated’, insert ‘and includes a religious |
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| | organisation approved under section 47A(1).’. |
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| | To move the following Schedule:— |
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| | | ‘Consequential amendments—Marriage according to usages of approved |
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| | | | The following amendments are made to the Marriage Act 1949— |
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| | | (1) | In section 26 (marriages which may be solemnized on authority of |
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| | | superintendent registrar’s certificate) in subsection (1) after paragraph (c) there |
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| | | “(ca) | a marriage conducted under the auspices of an approved |
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| | | (2) | In section 35 (marriages in registration district in which neither party resides) |
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| | | after “the Society of Friends” there is inserted “or of an approved |
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| | | (3) | In section 43 (appointment of authorised persons) in subsection (3) after “the |
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| | | Society of Friends” there is inserted “or of an organisation authorised by the |
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| | | Registrar General under section 47A”. |
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| | | (4) | In section 50 (person to whom certificate to be delivered), in subsection (1) |
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| | | after paragraph (d) there is inserted— |
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| | | “(da) | if the marriage is to be solemnized according to the usages of an |
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| | | approved organisation, a registering officer of that organisation”. |
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| | | (5) | After section 52, the following section is inserted— |
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| | | In this Part of this Act “approved organisation” has the meaning given |
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| | | (6) | In section 53 (persons by whom marriages are to be registered), after paragraph |
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| | | “(ba) | in the case of a marriage solemnized according to the usages of an |
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| | | approved organisation, a registered officer of that organisation;”. |
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| | | (7) | In section 54 (provision of marriage register books by Registrar General), in |
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| | | subsection (1) after the words “the Society of Friends,” there is inserted |
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| | | “registering officer of every approved organisation”. |
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| | | (8) | In section 55 (manner of registration of marriages)— |
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| | | (a) | in subsection (1) after the words “the Society of Friends” there is |
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| | | inserted “or of an approved organisation”; and |
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| | | (b) | in subsection (1)(b) after the words “the Society of Friends” there is |
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| | | inserted “or of an approved organisation” and after the words “the said |
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| | | Society” there is inserted “or organisation”. |
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| | | (9) | In section 57 (quarterly returns to be made to superintendent registrar), in |
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| | | subsection (1) after the words “the Society of Friends” there is inserted “or of |
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| | | an approved organisation”. |
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| | | (10) | In section 59 (custody of register books) after the words “the Society of |
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| | | Friends” there is inserted “or of an approved organisation”. |
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| | | (11) | In section 60 (filled register books) in subsection (1), paragraph (b), after the |
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| | | words “registering officer of the Society of Friends” there is inserted “or of an |
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| | | approved organisation”; after the words “members of the Society of Friends” |
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| | | there is inserted “or of the said organisation”, and after the words “the said |
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| | | Society” there is inserted “or organisation”. |
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| | | (12) | In section 63 (searches in register books) after the words “the Society of |
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| | | Friends” there is inserted “or of an approved organisation”. |
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| | | (13) | In section 67 (interpretation of Part IV), there are inserted in the list of |
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| | | definitions the following— |
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| | | ““approved organisation” means an organisation approved by the Registrar |
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| | | General under section 47A of this Act;” and |
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| | | ““registering officer of an approved organisation” means a person whom the |
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| | | principal officer of the said organisation certifies in writing under his or |
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| | | her hand to the Registrar General to be a registering officer in England or |
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| | | Wales of that organisation;”; |
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| | | | and in the definition of “superintendent registrar” after paragraph (b) there is |
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| | | “(ba) | in the case of a marriage registered by a registering officer of an |
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| | | approved organisation, the superintendent registrar of the registration |
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| | | district which is assigned by the Registrar General to that registering |
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| | | (14) | In section 75 (offences relating to solemnization of marriages) in subsection |
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| | | (1), paragraph (a), after the words “the Society of Friends” there is inserted “or |
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| | | of an approved organisation”; and in subsection (2), paragraph (a), after the |
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| | | words “the Society of Friends” there is inserted “or of an approved |
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