Session 2013 - 14
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Other Bills before Parliament


 
 

Consideration of Bill: 21 May 2013                     

120

 

Marriage (Same Sex Couples) Bill, continued

 
 

Simon Hughes

 

67

 

Schedule  3,  page  23,  line  38,  after ‘sex’, insert ‘or a person who identifies as non-

 

gender or inter-gender’.

 

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—

 

“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.’.


 
 

Consideration of Bill: 21 May 2013                     

121

 

Marriage (Same Sex Couples) Bill, continued

 
 

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)”.

 

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—


 
 

Consideration of Bill: 21 May 2013                     

122

 

Marriage (Same Sex Couples) Bill, continued

 
 

“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.”.’.

 

Caroline Lucas

 

Greg Mulholland

 

Mike Freer

 

49

 

Schedule  4,  page  33,  leave out from line 42 to line 4 on page 34 and insert—

 

    ‘(2)  

Omit sub-paragraph (1).’.

 

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)’.

 

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


 
 

Consideration of Bill: 21 May 2013                     

123

 

Marriage (Same Sex Couples) Bill, continued

 
 

(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—

 

(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—


 
 

Consideration of Bill: 21 May 2013                     

124

 

Marriage (Same Sex Couples) Bill, continued

 
 

(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

 

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.”.’.

 



 
 

Consideration of Bill: 21 May 2013                     

125

 

Marriage (Same Sex Couples) Bill, continued

 
 

Dr Julian Huppert

 

13

 

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 deceided 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

 

had decided not to issue a full gender recognition certificate to the

 

other party to the civil partnership,

 

(c)    

or the applicants 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

 

14

 

Schedule  5,  page  39,  line  39,  leave out ‘(by virtue of section 4(2)(b) or (4A)’.

 

Hugh Bayley

 

Caroline Lucas

 

Kelvin Hopkins

 

Jeremy Corbyn

 

John Cryer

 

Dr Julian Huppert

 

Martin Caton

 

Sandra Osborne

 

Mike Freer

 

18

 

Schedule  5,  page  40,  line  18,  at end insert—

 

‘One-off compensation payment to couples whose marriages were annulled to permit a

 

person to obtain a gender recognition certificate

 

9A         

Schedule 4 (Effect on Marriage): at beginning insert—

 

“(1)    

This section applies to a formerly married couple whose marriage was

 

annulled in order to permit one or both partners to that marriage to

 

obtain a full gender recognition certificate, provided that—

 

(a)    

the marriage was annulled following the coming into force of

 

the Gender Recognition Act 2004, and

 

(b)    

the formerly married couple either—

 

(i)    

formed a civil partnership with each other within six

 

months of the annulment of their marriage, and

 

continue to maintain their civil partnership, or


 
 

Consideration of Bill: 21 May 2013                     

126

 

Marriage (Same Sex Couples) Bill, continued

 
 

(ii)    

have continued to live together as a couple in the

 

same household since the annulment of their

 

marriage.

 

(2)    

The couple shall be compensated from public funds to the amount of

 

£1,000 by way of apology for the distress and costs incurred as a result

 

of the annulment of their marriage.”.’.

 

Hugh Bayley

 

Caroline Lucas

 

Mr Andrew Mitchell

 

Dr Julian Huppert

 

Jeremy Corbyn

 

Glenda Jackson

 

Mr John Leech

 

John Cryer

 

Kelvin Hopkins

 

Chris Heaton-Harris

 

Mr Shaun Woodward

 

Martin Caton

 

Lucy Powell

 

Sarah Champion

 

John Hemming

 

Sandra Osborne

 

Mike Freer

 

Meg Hillier

 

22

 

Schedule  5,  page  40,  line  18,  at end insert—

 

‘Reinstatement of marriages annulled to permit a person to obtain a gender recognition

 

certificate

 

9A         

Schedule 4 (Effect on Marriage): at beginning insert—

 

  “(1)  

This section applies to a formerly married couple whose marriage

 

was annulled in order to permit one or both partners to that marriage

 

to obtain a full gender recognition certificate, provided that—

 

(a)    

the couple have continued to live together in the same

 

household since the annulment of their marriage, and

 

(b)    

both partners to the former marriage give notice to a

 

registrar that they wish their marriage to be reinstated.

 

      (2)  

When notice is given under (1)(b), the marriage shall be reinstated

 

with effect from the date the couple give notice to have it

 

reinstated.”.’.

 

Dr Julian Huppert

 

16

 

Schedule  5,  page  40,  leave out lines 30 and 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,


 
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Revised 21 May 2013