HC Bill 94

House of Commons

Session 2013 - 14
Internet Publications
Other Bills before Parliament

14094

LORDS amendments to the
Marriage (Same Sex Couples) Bill
[The page and line references are to HL Bill 29, the bill as first printed for the Lords.]
Clause 2
1
Page 2, line 6, after “compelled” insert “by any means (including by the

enforcement of a contract or a statutory or other legal requirement)”
2
Page 2, line 9, after “compelled” insert “by any means (including by the

enforcement of a contract or a statutory or other legal requirement)”
Clause 5
3
Page 6, line 18, leave out from “purpose” to end of line 25 and insert “the meaning

of “relevant governing authority” is to be determined in accordance with this

table—

The “relevant governing authority” is...
...if the marriage falls to be registered by...

the Chief Rabbi of the United Hebrew
the secretary of a synagogue certified

Congregations of the Commonwealth
under paragraph (a) of the relevant

definition (certification by the

President of the Board of Deputies)

the person or persons duly recognised
—either the secretary of the West

by the members of—
London Synagogue, as certified under

(i) the West London Synagogue of
paragraph (b) of the relevant

British Jews (“the West London
definition

Synagogue”), and
—or the secretary of another

(ii) the other synagogues that are
synagogue in a case where:

constituents of or affiliated to the
(i) the secretary is certified under

Movement for Reform Judaism
paragraph (d) of the relevant

definition by the secretary of the West

London Synagogue, and

(ii) the synagogue is one of those

which are constituents of or affiliated

to the Movement for Reform Judaism

the person or persons duly recognised
—either the secretary of the St. John’s

by the members of—
Wood Synagogue, as certified under

(i) the Liberal Jewish Synagogue, St.
paragraph (c) of the relevant definition

John’s Wood (“the St. John’s Wood
—or the secretary of another

Synagogue”), and
synagogue in a case where:

(ii) the other synagogues that are
(i) the secretary is certified under

constituents of or affiliated to Liberal
paragraph (d) of the relevant

Judaism
definition by the secretary of the St.

John’s Wood Synagogue, and

(ii) the synagogue is one of those

which are constituents of or affiliated

to Liberal Judaism

the person or persons duly recognised
the secretary of a synagogue certified

by the members of the synagogue by
under paragraph (d) of the relevant

whose secretary the marriage falls to
definition (certification by the

be registered
secretary of the West London

Synagogue or the secretary of the St.

John’s Wood Synagogue) in a case

where the synagogue is not one of

those which are constituents of or

affiliated to:

(i) the Movement for Reform Judaism,

or

(ii) Liberal Judaism

2


In that table—

(a)
“relevant definition” means the definition of “secretary of a

synagogue” in section 67;

(b)
a reference to a person or persons being duly recognised is a

reference to the person or persons being recognised for the purpose

of giving consent for the purposes of this section.”
Clause 9
4
Page 9, line 13, leave out “Registrar General” and insert “Secretary of State”
5
Page 9, line 33, leave out from beginning to “provision” in line 37
6
Page 9, line 44, leave out “(e) or”

3
7
Page 10, line 1, leave out “(e) or”
8
Page 10, line 7, leave out subsection (6)
Clause 11
9
Page 11, line 9, at end insert—

“(4A)
For provision about limitations on the effects of subsections (1) and (2) and

Schedule 3, see Part 7 of Schedule 4.”
After Clause 13
10
Insert the following new Clause—

“Marriage according to the usages of belief organisations

(1)
The Secretary of State must arrange for a review of—

(a)
whether an order under subsection (4) should be made permitting

marriages according to the usages of belief organisations to be

solemnized on the authority of certificates of a superintendent

registrar, and

(b)
if so, what provision should be included in the order.

(2)
The arrangements made by the Secretary of State under subsection (1) must

provide for the review to include a full public consultation.

(3)
The Secretary of State must arrange for a report on the outcome of the

review to be produced and published before 1 January 2015.

(4)
The Secretary of State may by order make provision for and in connection

with permitting marriages according to the usages of belief organisations

to be solemnized on the authority of certificates of a superintendent

registrar.

(5)
An order under subsection (4) may—

(a)
amend any England and Wales legislation;

(b)
make provision for the charging of fees.

(6)
An order under subsection (4) must provide that no religious service may

be used at a marriage which is solemnized in pursuance of the order.

(7)
In this section “belief organisation” means an organisation whose principal

or sole purpose is the advancement of a system of non-religious beliefs

which relate to morality or ethics.”
After Clause 14
11
Insert the following new Clause—

“Survivor benefits under occupational pension schemes

(1)
The Secretary of State must arrange for a review of the following matters

relating to occupational pension schemes—

(a)
relevant differences in survivor benefits;

4

(b)
the costs, and other effects, of securing that relevant differences in

survivor benefits are eliminated by the equalisation of survivor

benefits.

(2)
For the purposes of this section, each of the following are relevant

differences in survivor benefits—

(a)
differences between—

(i)
same sex survivor benefits, and

(ii)
opposite sex survivor benefits provided to widows;

(b)
differences between—

(i)
same sex survivor benefits, and

(ii)
opposite sex survivor benefits provided to widowers;

(c)
differences between—

(i)
opposite sex survivor benefits provided to widows, and

(ii)
opposite sex survivor benefits provided to widowers.

(3)
The review must, in particular, consider these issues—

(a)
the extent to which same sex survivor benefits are provided in

reliance on paragraph 18 of Schedule 9 to the Equality Act 2010;

(b)
the extent to which—

(i)
same sex survivor benefits, and

(ii)
opposite sex survivor benefits,


are calculated by reference to different periods of pensionable

service.

(4)
The arrangements made by the Secretary of State must provide for the

person or persons conducting the review to consult such other persons as

the Secretary of State considers appropriate.

(5)
The Secretary of State must arrange for a report on the outcome of the

review to be produced and published before 1 July 2014.

(6)
If the Secretary of State, having considered the outcome of the review,

thinks that the law of England and Wales and Scotland should be changed

for the purpose of eliminating or reducing relevant differences in survivor

benefits, the Secretary of State may, by order, make such provision as the

Secretary of State considers appropriate for that purpose.

(7)
An order under subsection (6) may amend—

(a)
England and Wales legislation;

(b)
Scottish legislation.

(8)
In this section—

“occupational pension scheme” has the same meaning as in the

Pension Schemes Act 1993 (see section 1 of that Act);

“opposite sex survivor benefits” means survivor benefits provided to

surviving spouses of marriages of opposite sex couples;

“same sex survivor benefits” means survivor benefits provided to—

(a)
surviving civil partners, and

(b)
surviving spouses of marriages of same sex couples;

“survivor benefits” means survivor benefits provided under

occupational pension schemes.”