Marriage (Same Sex Couples) Bill (HC Bill 3)

Marriage (Same Sex Couples) BillPage 50

(4) Subsection (5): after “seventy” insert “or 70A”.

18 (1) Section 78 (interpretation) is amended in accordance with this paragraph.

(2) Subsection (1)—

(a) for the definition of “authorised person” substitute—

  • 5“authorised person” means—

    (a)

    in relation to a building registered under
    section 41, a person whose name and address
    have been certified in accordance with section
    43;

    (b)

    10in relation to a building registered under
    section 43A, a person whose name and
    address have been certified in accordance
    with section 43B;;

(b) definition of “registered building”: for “Part III” substitute “section
1541 or section 43A”.

19 (1) Schedule 4 (provisions of Act which are excluded or modified in their
application to Naval, Military and Air Force chapels) is amended in
accordance with this paragraph.

(2) Part 3 (exclusion of provisions relating to marriages otherwise than
20according to the rites of the Church of England): after the entry relating to
section 43 insert—

Sections 43A and 43C..

(3) Part 4 (modification of provisions relating to marriages otherwise than
according to the rites of the Church of England), after “forty-three,” insert
25“43B,”.

Marriage (Registrar General’s Licence) Act 1970

20 The Marriage (Registrar General’s Licence) Act 1970 is amended as follows.

21 Section 1 (marriages which may be solemnized by Registrar General’s
licence), subsection (2): after “section 26(1)(dd)” insert “or 26B(6)”.

22 30Section 2 (notice of marriage), after subsection (2) insert—

(4) Sections 27D and 28A(1A) and (2) of the principal Act apply (with the
appropriate modifications) to a marriage intended to be solemnized
in pursuance of this Act as they apply to a marriage intended to be
solemnized in pursuance of 26B(2), (4) or (6) of that Act..

35Matrimonial Causes Act 1973 (c. 18)Matrimonial Causes Act 1973 (c. 18)

23 The Matrimonial Causes Act 1973 is amended as follows.

24 Section 11 (grounds on which a marriage is void): omit paragraph (c).

Social Security Contributions and Benefits Act 1992 (c. 4)Social Security Contributions and Benefits Act 1992 (c. 4)

25 The Social Security Contributions and Benefits Act 1992 is amended as
40follows.

26 Section 48 (use of former spouse’s or civil partner’s contributions): after

Marriage (Same Sex Couples) BillPage 51

subsection (4) insert—

(5) For the purposes of this section, a civil partnership is not to be treated
as having terminated by reason of its having been converted into a
marriage under section 9 of the Marriage (Same Sex Couples) Act
52013..

Pension Schemes Act 1993 (c. 48)Pension Schemes Act 1993 (c. 48)

27 The Pension Schemes Act 1993 is amended as follows.

28 Section 99 (trustees’ duties after exercise of option), subsection (3)(b): for
“his widow” substitute “his or her surviving spouse or civil partner”.

10Civil Partnership Act 2004 (c. 33)Civil Partnership Act 2004 (c. 33)

29 The Civil Partnership Act 2004 is amended as follows.

30 Section 1 (civil partnership), subsection (3)—

(a) after “only” insert “(a)”;

(b) after “annulment” insert , or

(b) 15in the case of a civil partnership formed as mentioned
in subsection (1)(a)(i) or (iv), on the conversion of the
civil partnership into a marriage under section 9 of
the Marriage (Same Sex Couples) Act 2013..

31 Section 4 (parental etc consent where proposed civil partner under 18),
20subsection (3): after “partner” insert “or a widower or a widow”.

32 Section 210 (registration at British consulates etc), subsection (6), paragraph
(b) of the definition of “Registration officer”: after “country” (in both places)
insert “or territory”.

Human Fertilisation and Embryology Act 2008 (c. 22)Human Fertilisation and Embryology Act 2008 (c. 22)

33 25The Human Fertilisation and Embryology Act 2008 is amended as follows.

34 (1) Section 35 (woman married at time of treatment) is amended in accordance
with this paragraph.

(2) The title: after “married” insert “to a man”.

(3) Subsection (1)(a): after “marriage” insert “with a man”.

35 30Section 40 (embryo transferred after death of husband etc who did not
provide sperm), subsection (1)(b): after “marriage” insert “with a man”.

36 (1) Section 42 (woman in civil partnership at time of treatment) is amended in
accordance with this paragraph.

(2) The title: after “partnership” insert “or marriage to a woman”.

(3) 35Subsection (1)—

(a) after “partnership” (in the first place) insert “or a marriage with
another woman”;

(b) after “partnership” (in the second place) insert “or marriage”.

37 (1) Section 46 (embryo transferred after death of civil partner or intended
40female parent) is amended in accordance with this paragraph.

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(2) The title: after “civil partner” insert “or wife”.

(3) Subsection (1)—

(a) paragraph (b), after “partnership” insert “or marriage with another
woman”;

(b) 5paragraphs (c), (d) and (e), after “partnership” insert “or marriage”;

(c) the words after paragraph (f), after “partnership” insert “or
marriage”.

Equality Act 2010 (c. 15)Equality Act 2010 (c. 15)

38 The Equality Act 2010 is amended as follows.

39 (1) 10Section 23 (comparison by reference to circumstances) is amended in
accordance with this paragraph.

(2) Subsection (3): after “married” insert “to a person of the opposite sex”.

(3) After subsection (3) insert—

(4) If the protected characteristic is sexual orientation, the fact that one
15person (whether or not the person referred to as B) is married to a
person of the same sex while another is married to a person of the
opposite sex is not a material difference between the circumstances
relating to each case..

40 Schedule 3 (services and public functions: exceptions): for the title to Part 6
20substitute—

Marriage: gender reassignment.

41 Schedule 9 (work: exceptions), Part 1 (occupational requirements),
paragraph 2 (religious requirements relating to sex, marriage etc, sexual
orientation), sub-paragraph (4): after paragraph (c) insert—

(ca) a requirement not to be married to a person of the same
25sex;.