House of Commons Public Bill Committee Proceedings

Session 2013 - 14
Internet Publications
Other Bills before Parliament

Report Stage Proceedings: 21 May 2013
24

Marriage (Same Sex Couples) Bill, continued

Simon Hughes

Not selected  67

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

gender or inter-gender’.

Secretary Maria Miller

Agreed to  31

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

11(2)’.

Secretary Maria Miller

Agreed to  32

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

11(2) and’.

Secretary Maria Miller

Agreed to  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.’.

Report Stage Proceedings: 21 May 2013
25

Marriage (Same Sex Couples) Bill, continued

Secretary Maria Miller

Agreed to  34

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

Secretary Maria Miller

Agreed to  35

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

marriage’.

Secretary Maria Miller

Agreed to  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

Agreed to  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

Agreed to  38

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

a marriage’.

Secretary Maria Miller

Agreed to  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—

Report Stage Proceedings: 21 May 2013
26

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

Not called  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

Agreed to  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

Agreed to  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

Agreed to  42

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

change case)’.

Secretary Maria Miller

Agreed to  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

Report Stage Proceedings: 21 May 2013
27

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

Agreed to  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

Agreed to  45

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

change case)’.

Secretary Maria Miller

Agreed to  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

Agreed to  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—

Report Stage Proceedings: 21 May 2013
28

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.”.’.

Report Stage Proceedings: 21 May 2013
29

Marriage (Same Sex Couples) Bill, continued

Dr Julian Huppert

Not called  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

Not called  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

Not called  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

Report Stage Proceedings: 21 May 2013
30

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

Not called  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

Not called  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,

(ii)
where the child has not yet reached the age of 16 years, the

consent of the other parent named on the birth certificate, where

present.’.

Secretary Maria Miller

Agreed to  48

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



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