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| For other Amendment(s) see the following page(s) of Supplement to Votes:
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| 953-59, 1103-06, 1109-11, 1177-78 and 1229-31 of the 2012-13 Session
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| Marriage (Same Sex Couples) Bill |
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| Clause 2, page 3, line 43, at end insert— |
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| | ‘( ) | In section 110 of the Equality Act 2010 (liability of employees and agents), after |
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| | “(5A) | A does not contravene this section if A— |
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| | (a) | does not conduct a relevant marriage, |
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| | (b) | is not present at, does not carry out, or does not otherwise |
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| | participate in, a relevant marriage, or |
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| | (c) | does not consent to a relevant marriage being conducted, |
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| | | for the reason that the marriage is the marriage of a same sex couple. |
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| | (5B) | Subsection (5A) applies to A only if A is within the meaning of “person” |
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| | for the purposes of section 2 of the Marriage (Same Sex Couples) Act |
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| | 2013; and other expressions used in subsection (5A) and section 2 of that |
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| | Act have the same meanings in that subsection as in that section.”.’. |
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| Clause 8, page 8, line 17, leave out ‘may’ and insert ‘must’. |
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| Clause 11, page 11, line 8, leave out from ‘other’ to end of line 10 and insert |
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| ‘ecclesiastical law (whether or not contained in England and Wales legislation, and, if |
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| contained in England and Wales legislation, whenever passed or made).’. |
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| Clause 15, page 12, line 36, leave out from ‘order’ to ‘would’ in line 38 and insert |
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| ‘or regulations under this Act, except an order under section 18(3), containing provision |
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| Clause 15, page 12, line 40, leave out ‘consult’ and insert ‘obtain the consent of’. |
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| Clause 15, page 12, line 41, leave out from ‘order’ to ‘would’ in line 42 and insert |
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| ‘or regulations under this Act, except an order under section 18(3), containing provision |
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| Schedule 2, page 21, line 26, leave out sub-paragraph (5). |
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| Schedule 3, page 23, line 30, leave out from beginning to ‘legislation’ in line 32 |
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| and insert ‘In existing England and Wales’. |
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| Schedule 3, page 24, line 7, leave out ‘which has effect as indicated in section |
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| Schedule 3, page 24, line 21, leave out ‘which has effect as indicated in section |
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| Schedule 4, page 26, line 28, leave out from ‘courts)’ to end of line 30 on page 27 |
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| and insert ‘is amended in accordance with this paragraph. |
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| | (2) | Subsection (1): after “entertain” insert “any of the following proceedings in |
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| | relation to a marriage of a man and a woman”. |
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| | (3) | After subsection (5) insert— |
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| | “(5A) | Schedule A1 (jurisdiction in relation to marriage of same sex couples) |
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| | (4) | Subsection (6): after “Wales” insert “(whether the proceedings are in respect |
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| | of the marriage of a man and a woman or the marriage of a same sex couple)”. |
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| | 7 | Section 6 (miscellaneous amendments, transitional provision and savings), |
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| | subsection (3): after “Act” (in the first place) insert “, or by virtue of Schedule |
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| | 8 | Before Schedule 1 insert— |
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| | Jurisdiction in relation to marriage of same sex couples |
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| | 1 | This Schedule shall have effect, subject to section 6(3) and (4), with |
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| | respect to the jurisdiction of the court to entertain any of the |
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| | following proceedings in relation to a marriage of a same sex |
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| | (a) | proceedings for divorce, judicial separation or nullity of |
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| | (b) | proceedings for an order which ends a marriage on the |
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| | ground that one of the couple is dead; and |
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| | (c) | proceedings for a declaration as to the validity of a |
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| Schedule 4, page 27, line 32, leave out ‘a divorce order’ and insert ‘divorce’. |
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| Schedule 4, page 28, line 3, leave out ‘a nullity order’ and insert ‘nullity of |
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| Schedule 4, page 28, line 28, leave out from ‘for’ to ‘even’ in line 29 and insert |
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| ‘divorce, judicial separation or nullity of marriage’. |
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| Schedule 4, page 28, line 32, leave out from ‘for’ to end of line 38 and insert ‘an |
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| order which ends a marriage on the ground that one of the couple is dead on an application |
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| made by the other of the couple (“the applicant”) if (and only if)— |
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| | (a) | at the time the application is made, the High Court does not have |
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| | jurisdiction to entertain an application by the applicant under section |
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| | 1 of the Presumption of Death Act 2013 for a declaration that the |
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| | applicant’s spouse is presumed to be dead, and’. |
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| Schedule 4, page 28, line 44, leave out ‘of validity’ and insert ‘as to the validity of |
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| Schedule 4, page 29, line 47, at end insert— |
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| | ‘8A(1) | Schedule 1 (staying of matrimonial proceedings in England and Wales: |
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| | interpretation), paragraph 2: after “kinds” insert “(whether relating to a |
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| | marriage of a man and a woman or a marriage of a same sex couple)”. |
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| | Transitory provision until commencement of Presumption of Death Act 2013 |
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| | 8B (1) | This paragraph applies if section 1 of the Presumption of Death Act 2013 has |
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| | not come into force at the time when the amendments of the Domicile and |
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| | Matrimonial Proceedings Act 1973 made by the other provisions of this Part |
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| | of this Schedule come into force. |
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| | (2) | Schedule A1 to the Domicile and Matrimonial Proceedings Act 1973 has effect |
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| | with the following modifications until section 1 of the Presumption of Death |
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| | Act 2013 comes into force. |
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| | (3) | Paragraph 1 has effect with the following provision substituted for paragraph |
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| | “(b) | proceedings for death to be presumed and a marriage to be |
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| | dissolved in pursuance of section 19 of the Matrimonial |
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| | (4) | Schedule A1 has effect with the following provision substituted for paragraph |
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| | “3 | The court has jurisdiction to entertain proceedings for death to be |
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| | presumed and a marriage to be dissolved if (and only if)— |
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| | (a) | the applicant is domiciled in England and Wales on the date |
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| | when the proceedings are begun, |
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| | (b) | the applicant was habitually resident in England and Wales |
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| | throughout the period of 1 year ending with that date, or |
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| | (c) | the two people concerned married each other under the law |
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| | of England and Wales and it appears to the court to be in |
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| | the interests of justice to assume jurisdiction in the case.”.’. |
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| Schedule 4, page 34, line 4, at end insert ‘, or |
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| | (c) | married to a person of the same sex in a relevant gender |
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| | (1B) | The reference in sub-paragraph (1A)(c) to a relevant gender change |
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| | case is a reference to a case where— |
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| | (a) | the married couple were of the opposite sex at the time of |
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| | (b) | a full gender recognition certificate has been issued to one |
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| | of the couple under the Gender Recognition Act 2004.”.’. |
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| Schedule 4, page 34, line 13, after ‘(2)’ insert ‘— |
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| | (a) | paragraph (a): after “man” insert “, or a woman in a relevant gender |
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| Schedule 4, page 34, line 18, after ‘woman’ insert ‘(other than in a relevant gender |
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| Schedule 4, page 34, line 27, at end insert— |
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| | ‘( ) | After subsection (9) insert— |
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| | “(10) | In relation to an earner who is a woman, a reference in this section to |
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| | a relevant gender change case is a reference to a case where— |
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| | (a) | the earner is a woman by virtue of a full gender recognition |
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| | certificate having been issued under the Gender Recognition |
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| | (b) | the marriage of the earner and her widow (that ends with the |
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| | earner’s death) subsisted before the time when the certificate |
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| | (11) | This section is subject to regulations under section 38A.”.’. |
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| Schedule 4, page 34, line 29, after ‘woman’ insert ‘or a woman married to a woman |
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| in a relevant gender change case’. |
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| Schedule 4, page 34, line 32, after ‘woman’ insert ‘(other than in a relevant gender |
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| Schedule 4, page 34, line 34, at end insert— |
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| | ‘( ) | After subsection (3) insert— |
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| | “(4) | In relation to an earner who is a woman, a reference in this section to |
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| | a relevant gender change case is a reference to a case where— |
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| | (a) | the earner is a woman by virtue of a full gender recognition |
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| | certificate having been issued under the Gender Recognition |
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| | (b) | the marriage of the earner and her widow (that ends with the |
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| | earner’s death) subsisted before the time when the certificate |
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| | (5) | This section is subject to regulations under section 38A.”.’. |
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| Schedule 4, page 34, line 35, leave out paragraph 20 and insert— |
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| | ‘20(1) | Section 37 (alteration of rules of contracted-out schemes) is amended as |
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| | (2) | For subsection (4) substitute— |
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| | “(4) | The reference in subsection (3) to a person entitled to receive benefits |
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| | under a scheme includes a person who is so entitled by virtue of a |
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| | qualifying relationship only in such cases as may be prescribed. |
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| | (5) | For that purpose a person is entitled to receive benefits by virtue of a |
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| | qualifying relationship if the person is so entitled by virtue of being— |
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| | (a) | the widower of a female earner; |
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| | (b) | the widower of a male earner; |
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| | (c) | the widow of a female earner, except where it is a relevant |
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| | (d) | the survivor of a civil partnership with an earner. |
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| | (6) | In relation to a widow of a female earner, the reference in subsection |
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| | (5)(c) to a relevant gender change case is a reference to a case where— |
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| | (a) | the earner is a woman by virtue of a full gender recognition |
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| | certificate having been issued under the Gender Recognition |
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| | (b) | the marriage of the earner and her widow (that ends with the |
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| | earner’s death) subsisted before the time when the certificate |
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| | (7) | This section is subject to regulations under section 38A.”. |
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| | 20A | Before section 39 insert— |
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| | “38A | Regulations about relevant gender change cases |
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| | (1) | The Secretary of State may, by regulations, make provision for— |
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| | | to have its special effect in relevant gender change cases only if |
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| | conditions prescribed in the regulations are met. |
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| | (2) | Regulations under subsection (1) may, in particular, prescribe |
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| | conditions that relate to the provision of information by— |
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| | (a) | one or both of the members of married same sex couples, or |
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| | (b) | the survivors of such couples. |
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| | (3) | The Secretary of State may, by regulations, make further provision |
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| | about cases where (because of regulations under subsection (1))— |
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| | | does not have its special effect in relevant gender change cases. |
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| | (4) | Regulations under subsection (3) may, in particular, provide for the |
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| | section in question to have its ordinary effect in relevant gender |
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| | (5) | Regulations under subsection (1) or (3) may, in particular, modify or |
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| | disapply any enactment that concerns information relating to— |
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| | (a) | the gender or sex of a person, or |
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| | (b) | the change of gender or sex of a person, |
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| | | including any enactment that concerns requests for, or disclosure of, |
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| | (6) | In this section, in relation to section 17, 24D or 37— |
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| | (a) | “relevant gender change case” has the same meaning as in that |
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| | (b) | “special effect” means the effect which the section has (if |
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| | regulations under subsection (1) of this section are ignored) in |
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| | relation to relevant gender change cases, insofar as that effect |
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| | is different from the section’s ordinary effect; |
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| | (c) | “ordinary effect” means the effect which the section has in |
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| | relation to same sex married couples in cases that are not |
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| | relevant gender change cases.”.’. |
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| Schedule 6, page 45, line 31, at end insert— |
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| | ‘(2) | In the case of an Order in Council containing provision which would (if |
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| | contained in an Act of the Scottish Parliament) be within the legislative |
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| | competence of that Parliament, no recommendation is to be made to Her |
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| | Majesty under this paragraph unless the Scottish Ministers have been |
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| | (3) | In the case of an Order in Council containing provision which would (if |
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| | contained in an Act of the Northern Ireland Assembly) be within the legislative |
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| | competence of that Assembly, no recommendation is to be made to Her |
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| | Majesty under this paragraph unless the Department of Finance and Personnel |
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