House of Commons Amendments

Session 2013 - 14
Internet Publications
Other Bills before Parliament

15

House of Commons

Notices of Amendments

given on

Monday 13 May 2013

For other Amendment(s) see the following page(s) of Supplement to Votes:

953-59, 1103-06, 1109-11, 1177-78 and 1229-31 of the 2012-13 Session

3 of the 2013-14 Session

Consideration of Bill

Marriage (Same Sex Couples) Bill

Secretary Maria Miller

23

Clause  2,  page  3,  line  43,  at end insert—

‘( )
In section 110 of the Equality Act 2010 (liability of employees and agents), after

subsection (5) insert—

“(5A)
A does not contravene this section if A—

(a)
does not conduct a relevant marriage,

(b)
is not present at, does not carry out, or does not otherwise

participate in, a relevant marriage, or

(c)
does not consent to a relevant marriage being conducted,


for the reason that the marriage is the marriage of a same sex couple.

(5B)
Subsection (5A) applies to A only if A is within the meaning of “person”

for the purposes of section 2 of the Marriage (Same Sex Couples) Act

2013; and other expressions used in subsection (5A) and section 2 of that

Act have the same meanings in that subsection as in that section.”.’.

Secretary Maria Miller

24

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

Secretary Maria Miller

25

Clause  11,  page  11,  line  8,  leave out from ‘other’ to end of line 10 and insert

‘ecclesiastical law (whether or not contained in England and Wales legislation, and, if

contained in England and Wales legislation, whenever passed or made).’.

Secretary Maria Miller

26

Clause  15,  page  12,  line  36,  leave out from ‘order’ to ‘would’ in line 38 and insert

Notices of Amendments: 13 May 2013
16

Marriage (Same Sex Couples) Bill, continued

‘or regulations under this Act, except an order under section 18(3), containing provision

which’.

Secretary Maria Miller

27

Clause  15,  page  12,  line  40,  leave out ‘consult’ and insert ‘obtain the consent of’.

Secretary Maria Miller

28

Clause  15,  page  12,  line  41,  leave out from ‘order’ to ‘would’ in line 42 and insert

‘or regulations under this Act, except an order under section 18(3), containing provision

which’.

Secretary Maria Miller

29

Schedule  2,  page  21,  line  26,  leave out sub-paragraph (5).

Secretary Maria Miller

30

Schedule  3,  page  23,  line  30,  leave out from beginning to ‘legislation’ in line 32

and insert ‘In existing England and Wales’.

Secretary Maria Miller

31

Schedule  3,  page  24,  line  7,  leave out ‘which has effect as indicated in section

11(2)’.

Secretary Maria Miller

32

Schedule  3,  page  24,  line  21,  leave out ‘which has effect as indicated in section

11(2) and’.

Secretary Maria Miller

33

Schedule  4,  page  26,  line  28,  leave out from ‘courts)’ to end of line 30 on page 27

and insert ‘is amended in accordance with this paragraph.

      (2)
Subsection (1): after “entertain” insert “any of the following proceedings in

relation to a marriage of a man and a woman”.

      (3)
After subsection (5) insert—

“(5A)
Schedule A1 (jurisdiction in relation to marriage of same sex couples)

has effect.”.

      (4)
Subsection (6): after “Wales” insert “(whether the proceedings are in respect

of the marriage of a man and a woman or the marriage of a same sex couple)”.

7
Section 6 (miscellaneous amendments, transitional provision and savings),

subsection (3): after “Act” (in the first place) insert “, or by virtue of Schedule

A1 to this Act,”.

8
Before Schedule 1 insert—

Notices of Amendments: 13 May 2013
17

Marriage (Same Sex Couples) Bill, continued

“SCHEDULE A1

Jurisdiction in relation to marriage of same sex couples

Introduction

1
This Schedule shall have effect, subject to section 6(3) and (4), with

respect to the jurisdiction of the court to entertain any of the

following proceedings in relation to a marriage of a same sex

couple—

(a)
proceedings for divorce, judicial separation or nullity of

marriage;

(b)
proceedings for an order which ends a marriage on the

ground that one of the couple is dead; and

(c)
proceedings for a declaration as to the validity of a

marriage.’.

Secretary Maria Miller

34

Schedule  4,  page  27,  line  32,  leave out ‘a divorce order’ and insert ‘divorce’.

Secretary Maria Miller

35

Schedule  4,  page  28,  line  3,  leave out ‘a nullity order’ and insert ‘nullity of

marriage’.

Secretary Maria Miller

36

Schedule  4,  page  28,  line  28,  leave out from ‘for’ to ‘even’ in line 29 and insert

‘divorce, judicial separation or nullity of marriage’.

Secretary Maria Miller

37

Schedule  4,  page  28,  line  32,  leave out from ‘for’ to end of line 38 and insert ‘an

order which ends a marriage on the ground that one of the couple is dead on an application

made by the other of the couple (“the applicant”) if (and only if)—

(a)
at the time the application is made, the High Court does not have

jurisdiction to entertain an application by the applicant under section

1 of the Presumption of Death Act 2013 for a declaration that the

applicant’s spouse is presumed to be dead, and’.

Secretary Maria Miller

38

Schedule  4,  page  28,  line  44,  leave out ‘of validity’ and insert ‘as to the validity of

a marriage’.

Secretary Maria Miller

39

Schedule  4,  page  29,  line  47,  at end insert—

‘8A(1)
Schedule 1 (staying of matrimonial proceedings in England and Wales:

interpretation), paragraph 2: after “kinds” insert “(whether relating to a

marriage of a man and a woman or a marriage of a same sex couple)”.

Notices of Amendments: 13 May 2013
18

Marriage (Same Sex Couples) Bill, continued

Transitory provision until commencement of Presumption of Death Act 2013

8B  (1)
This paragraph applies if section 1 of the Presumption of Death Act 2013 has

not come into force at the time when the amendments of the Domicile and

Matrimonial Proceedings Act 1973 made by the other provisions of this Part

of this Schedule come into force.

      (2)
Schedule A1 to the Domicile and Matrimonial Proceedings Act 1973 has effect

with the following modifications until section 1 of the Presumption of Death

Act 2013 comes into force.

      (3)
Paragraph 1 has effect with the following provision substituted for paragraph

(b)—

“(b)
proceedings for death to be presumed and a marriage to be

dissolved in pursuance of section 19 of the Matrimonial

Causes Act 1973; and”.

      (4)
Schedule A1 has effect with the following provision substituted for paragraph

3—

“3
The court has jurisdiction to entertain proceedings for death to be

presumed and a marriage to be dissolved if (and only if)—

(a)
the applicant is domiciled in England and Wales on the date

when the proceedings are begun,

(b)
the applicant was habitually resident in England and Wales

throughout the period of 1 year ending with that date, or

(c)
the two people concerned married each other under the law

of England and Wales and it appears to the court to be in

the interests of justice to assume jurisdiction in the case.”.’.

Secretary Maria Miller

40

Schedule  4,  page  34,  line  4,  at end insert ‘, or

(c)
married to a person of the same sex in a relevant gender

change case.

    (1B)
The reference in sub-paragraph (1A)(c) to a relevant gender change

case is a reference to a case where—

(a)
the married couple were of the opposite sex at the time of

their marriage, and

(b)
a full gender recognition certificate has been issued to one

of the couple under the Gender Recognition Act 2004.”.’.

Secretary Maria Miller

41

Schedule  4,  page  34,  line  13,  after ‘(2)’ insert ‘—

(a)
paragraph (a): after “man” insert “, or a woman in a relevant gender

change case,”;

(b)
’.

Secretary Maria Miller

42

Schedule  4,  page  34,  line  18,  after ‘woman’ insert ‘(other than in a relevant gender

change case)’.

Notices of Amendments: 13 May 2013
19

Marriage (Same Sex Couples) Bill, continued

Secretary Maria Miller

43

Schedule  4,  page  34,  line  27,  at end insert—

    ‘( )
After subsection (9) insert—

“(10)
In relation to an earner who is a woman, a reference in this section to

a relevant gender change case is a reference to a case where—

(a)
the earner is a woman by virtue of a full gender recognition

certificate having been issued under the Gender Recognition

Act 2004, and

(b)
the marriage of the earner and her widow (that ends with the

earner’s death) subsisted before the time when the certificate

was issued.

(11)
This section is subject to regulations under section 38A.”.’.

Secretary Maria Miller

44

Schedule  4,  page  34,  line  29,  after ‘woman’ insert ‘or a woman married to a woman

in a relevant gender change case’.

Secretary Maria Miller

45

Schedule  4,  page  34,  line  32,  after ‘woman’ insert ‘(other than in a relevant gender

change case)’.

Secretary Maria Miller

46

Schedule  4,  page  34,  line  34,  at end insert—

    ‘( )
After subsection (3) insert—

“(4)
In relation to an earner who is a woman, a reference in this section to

a relevant gender change case is a reference to a case where—

(a)
the earner is a woman by virtue of a full gender recognition

certificate having been issued under the Gender Recognition

Act 2004, and

(b)
the marriage of the earner and her widow (that ends with the

earner’s death) subsisted before the time when the certificate

was issued.

(5)
This section is subject to regulations under section 38A.”.’.

Secretary Maria Miller

47

Schedule  4,  page  34,  line  35,  leave out paragraph 20 and insert—

‘20(1)
Section 37 (alteration of rules of contracted-out schemes) is amended as

follows.

      (2)
For subsection (4) substitute—

“(4)
The reference in subsection (3) to a person entitled to receive benefits

under a scheme includes a person who is so entitled by virtue of a

qualifying relationship only in such cases as may be prescribed.

(5)
For that purpose a person is entitled to receive benefits by virtue of a

qualifying relationship if the person is so entitled by virtue of being—

Notices of Amendments: 13 May 2013
20

Marriage (Same Sex Couples) Bill, continued

(a)
the widower of a female earner;

(b)
the widower of a male earner;

(c)
the widow of a female earner, except where it is a relevant

gender change case; or

(d)
the survivor of a civil partnership with an earner.

(6)
In relation to a widow of a female earner, the reference in subsection

(5)(c) to a relevant gender change case is a reference to a case where—

(a)
the earner is a woman by virtue of a full gender recognition

certificate having been issued under the Gender Recognition

Act 2004, and

(b)
the marriage of the earner and her widow (that ends with the

earner’s death) subsisted before the time when the certificate

was issued.

(7)
This section is subject to regulations under section 38A.”.

20A
Before section 39 insert—

“38A
Regulations about relevant gender change cases

(1)
The Secretary of State may, by regulations, make provision for—

(a)
section 17,

(b)
section 24D, or

(c)
section 37,


to have its special effect in relevant gender change cases only if

conditions prescribed in the regulations are met.

(2)
Regulations under subsection (1) may, in particular, prescribe

conditions that relate to the provision of information by—

(a)
one or both of the members of married same sex couples, or

(b)
the survivors of such couples.

(3)
The Secretary of State may, by regulations, make further provision

about cases where (because of regulations under subsection (1))—

(a)
section 17,

(b)
section 24D, or

(c)
section 37,


does not have its special effect in relevant gender change cases.

(4)
Regulations under subsection (3) may, in particular, provide for the

section in question to have its ordinary effect in relevant gender

change cases.

(5)
Regulations under subsection (1) or (3) may, in particular, modify or

disapply any enactment that concerns information relating to—

(a)
the gender or sex of a person, or

(b)
the change of gender or sex of a person,


including any enactment that concerns requests for, or disclosure of,

such information.

(6)
In this section, in relation to section 17, 24D or 37—

(a)
“relevant gender change case” has the same meaning as in that

section;

(b)
“special effect” means the effect which the section has (if

regulations under subsection (1) of this section are ignored) in

Notices of Amendments: 13 May 2013
21

Marriage (Same Sex Couples) Bill, continued

relation to relevant gender change cases, insofar as that effect

is different from the section’s ordinary effect;

(c)
“ordinary effect” means the effect which the section has in

relation to same sex married couples in cases that are not

relevant gender change cases.”.’.

Secretary Maria Miller

48

Schedule  6,  page  45,  line  31,  at end insert—

    ‘(2)
In the case of an Order in Council containing provision which would (if

contained in an Act of the Scottish Parliament) be within the legislative

competence of that Parliament, no recommendation is to be made to Her

Majesty under this paragraph unless the Scottish Ministers have been

consulted.

      (3)
In the case of an Order in Council containing provision which would (if

contained in an Act of the Northern Ireland Assembly) be within the legislative

competence of that Assembly, no recommendation is to be made to Her

Majesty under this paragraph unless the Department of Finance and Personnel

has been consulted.’.



© Parliamentary copyright	Revised 14 May 2013