Session 2013 - 14
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113

 

House of Commons

 
 

Tuesday 21 May 2013

 

Consideration of Bill

 

New Amendments handed in are marked thus Parliamentary Star

 

Marriage (Same Sex Couples) Bill


 

Note

 

The Amendments have been arranged in accordance with the Order of the 20

 

May.

 


 

New Clauses and New Schedules relating to humanist marriage, remaining

 

amendments to clause 2, amendments to clause 5, amendments to

 

schedule 7 relating to section 46 of the marriage act 1949

 

Marriages according to usages of approved organisations

 

Kate Green

 

Stephen Williams

 

Kelvin Hopkins

 

Dr Julian Huppert

 

Chris Bryant

 

Stephen Gilbert

 

Mike Weatherley

 

John Hemming

 

Sir Alan Beith

 

NC15

 

To move the following Clause:—

 

‘(1)    

In the Marriage Act 1949, insert the following section—

 

“47A  

Marriages according to usages of approved organisations

 

(1)    

The Registrar General may by certificate approve organisations to

 

solemnize marriages according to their usages provided that any such

 

organisation—

 

(a)    

is a registered charity principally concerned with advancing or

 

practising the non-religious belief known as humanism;

 

(b)    

has been in continuous existence for five years; and

 

(c)    

appears to the Registrar General to be of good repute.


 
 

Consideration of Bill: 21 May 2013                     

114

 

Marriage (Same Sex Couples) Bill, continued

 
 

(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 solemnized 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 solemnized 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.

 

(7)    

A marriage solemnized 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 purporting to be signed by the principal officer or a registering

 

officer of the approved organisation to the effect that each person giving

 

notice of marriage is either a member of the said organisation or is

 

authorised to be married according to the said usages under or in

 

pursuance of a general rule of the said approved 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.

 

(9)    

A copy of any general rule of the said organisation purporting to be

 

signed by the principal officer for the time being of the said organisation

 

shall be admitted as evidence of the general rule in all proceedings

 

touching the validity of any marriage solemnized according to the usages

 

of the said organisation.”.


 
 

Consideration of Bill: 21 May 2013                     

115

 

Marriage (Same Sex Couples) Bill, continued

 
 

(2)    

Schedule [Consequential amendments—Marriage according to usages of

 

approved organisations] has effect.’.

 


 

Kate Green

 

Stephen Williams

 

Kelvin Hopkins

 

Dr Julian Huppert

 

Chris Bryant

 

Stephen Gilbert

 

Mike Weatherley

 

John Hemming

 

Sir Alan Beith

 

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 solemnized 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 approved 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 solemnized 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—

 

“(ba)    

in the case of a marriage solemnized 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 an 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


 
 

Consideration of Bill: 21 May 2013                     

116

 

Marriage (Same Sex Couples) Bill, continued

 
 

(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) there is

 

inserted—

 

“(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 solemnization 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.”.’.

 


 

Kate Green

 

Stephen Williams

 

Kelvin Hopkins

 

Dr Julian Huppert

 

Chris Bryant

 

Stephen Gilbert

 

Mike Weatherley

 

19

 

Clause  2,  page  3,  line  28,  at end insert—

 

‘(iA)    

section 47A (marriage according to the usages of approved

 

organisations).’.

 



 
 

Consideration of Bill: 21 May 2013                     

117

 

Marriage (Same Sex Couples) Bill, continued

 
 

Kate Green

 

Stephen Williams

 

Kelvin Hopkins

 

Dr Julian Huppert

 

Chris Bryant

 

Stephen Gilbert

 

Mike Weatherley

 

20

 

Clause  5,  page  6,  line  29,  after ‘solemnized’, insert ‘and includes an organisation

 

approved under section 47A(1).’.

 


 

Kate Green

 

Stephen Williams

 

Kelvin Hopkins

 

Dr Julian Huppert

 

Chris Bryant

 

Stephen Gilbert

 

Mike Weatherley

 

21

 

Schedule  7,  page  49,  line  16,  after ‘celebrated’, insert ‘and includes an organisation

 

approved under section 47A(1).’.

 


 

Remaining Proceedings on consideration

 

Civil union

 

Greg Mulholland

 

Charlotte Leslie

 

NC14

 

To move the following Clause:—

 

‘(1)    

Two people, whether they are of different or the same sex, may enter into a civil

 

union if—

 

(a)    

they are both aged 18 or over;

 

(b)    

they are not within prohibited degrees of relationship;

 

(c)    

they are not currently in a civil union with someone else.

 

(2)    

A civil union must be solemnized by a Registrar.

 

(3)    

No religious service is to be used while the civil union registrar is officiating at

 

the signing of a civil union document.

 

(4)    

A civil union ends only on death, dissolution or annulment.

 

(5)    

The Marriage Act 1949 is repealed.’.

 



 
 

Consideration of Bill: 21 May 2013                     

118

 

Marriage (Same Sex Couples) Bill, continued

 
 

Marriage solemnized other than at a religious ceremony to be termed Civil Marriage

 

Simon Hughes

 

NC18

 

To move the following Clause:—

 

‘(1)    

Any marriage solemnized (whether before or after the passing of this Act) under

 

Part 3 of the Marriage Act 1949 (Marriage under Superintendent Registrar’s

 

Certificate), the Marriage (Registrar General’s Licence) Act 1970 or an Order in

 

Council made under Part 1 or 3 of Schedule 6 (other than a marriage according to

 

religious rites and usages) shall be termed a Civil Marriage.

 

(2)    

The Secretary of State or Lord Chancellor may, by order, make such provision

 

(including provision amending UK legislation) as the Secretary of Sate or Lord

 

Chancellor considers appropriate in consequence of this section.’.

 


 

Simon Hughes

 

58

 

Clause  9,  page  9,  line  5,  at end insert ‘and such a marriage shall be a civil

 

marriage’.

 

Dr Julian Huppert

 

15

 

Clause  9,  page  10,  line  24,  at end add—

 

‘(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

 

(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.’.

 


 

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).’.

 


 

Simon Hughes

 

59

 

Clause  15,  page  12,  line  15,  at end insert—

 

‘(ba)    

an order under section (Marriage solemnized other than at a religious

 

ceremony to be termed Civil Marriage).


 
 

Consideration of Bill: 21 May 2013                     

119

 

Marriage (Same Sex Couples) Bill, continued

 
 

Secretary Maria Miller

 

26

 

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

 

‘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

 

51

 

Clause  17,  page  14,  line  1,  at end insert ‘, except for section (Review of civil

 

partnership)’.

 

Secretary Maria Miller

 

52

 

Clause  17,  page  14,  line  5,  at end insert ‘, except for section (Review of civil

 

partnership)’.

 


 

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’.

 

Simon Hughes

 

65

 

Schedule  3,  page  23,  line  34,  after ‘couple’, insert ‘or a couple whereby at least one

 

person identifies as non-gender or bi-gender’.

 

Simon Hughes

 

66

 

Schedule  3,  page  23,  line  36,  after ‘couple’, insert ‘or a couple whereby at least one

 

person identifies as non-gender or bi-gender’.


 
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