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14094.5-8


 
 

5

 

Clause 16

12

Page 12, line 25, leave out “or Registrar General”

13

Page 12, line 28, after “made” insert “by the Secretary of State or Lord Chancellor”

14

Page 12, line 31, at end insert—

 

“(aa)    

the first regulations under section 9(1);

 

(ab)    

the first regulations under section 9(2);”

15

Page 12, line 31, at end insert—

 

“( )    

an order under section (Marriage according to the usages of belief

 

organisations);”

16

Page 12, line 31, at end insert—

 

“( )    

an order under section (Survivor benefits under occupational pension

 

schemes);”

17

Page 12, line 33, leave out from “2” to end of line 34

18

Page 12, line 34, at end insert—

 

“(d)    

an order under paragraph 2 of Schedule 2;

 

(e)    

an order under paragraph 27 of Schedule 4.”

19

Page 12, line 34, at end insert—

 

“(f)    

an order under paragraph 9(4) of Schedule 6.”

20

Page 12, line 35, after “legislation” insert “made by the Secretary of State or Lord

 

Chancellor”

21

Page 12, line 36, at end insert—

 

“(za)    

regulations under section 9(1) (except for the first such regulations);

 

(zb)    

regulations under section 9(2) (except for the first such

 

regulations);”

22

Page 12, line 37, leave out paragraph (a)

23

Page 12, line 40, leave out paragraphs (c) to (e)

24

Page 13, line 5, at end insert—

 

“(4A)    

The provision that the Secretary of State may make in any relevant

 

instrument includes provision enabling the Registrar General to make

 

regulations by statutory instrument (with or without the consent of a

 

minister of the Crown).

 

(4B)    

But the Secretary of State—

 

(a)    

may not make enabling provision which gives the Registrar

 

General power to require a fee to be paid or power to set the amount

 

of a fee; and

 

(b)    

may not make other enabling provision unless the Secretary of State

 

is satisfied that the provision is necessary in connection with

 

administrative matters relating to functions of the Registrar

 

General or functions of superintendent registrars or registrars.

 

(4C)    

Regulations made by the Registrar General under any enabling provision

 

are subject to annulment in pursuance of a resolution of either House of

 

Parliament.


 
 

6

 
 

(4D)    

But that is subject to any provision in a relevant instrument about the kind

 

of Parliamentary scrutiny, if any, to which the regulations are to be subject.

 

(4E)    

In subsections (4A) to (4D)—

 

“enabling provision” means provision made under subsection (4A)

 

enabling the Registrar General to make regulations;

 

“relevant instrument” means—

 

(a)    

regulations under section 9(1) or (2), or

 

(b)    

an order under section (Marriage according to the usages of

 

belief organisations)(4).”

Clause 17

25

Page 14, line 14, at end insert—

 

““superintendent registrar” means a superintendent registrar of

 

births, deaths and marriages.”

Clause 18

26

Page 14, line 21, leave out “section” and insert “sections (Marriage according to the

 

usages of belief organisations) and”

27

Page 14, line 25, leave out “section 14” and insert “sections (Marriage according to the

 

usages of belief organisations) to (Survivor benefits under occupational pension schemes)”

28

Page 14, line 25, at end insert “and paragraphs 4, 5, 10 and 11 of Schedule 6”

29

Page 14, line 27, leave out from “(3)” to end and insert “do not apply to an

 

amendment or repeal or revocation made by this Act”

30

Page 14, line 29, at end insert—

 

“(5A)    

Subsection (5) is subject to subsections (6) to (8).”

31

Page 14, line 30, leave out “But”

32

Page 14, line 34, at end insert—

 

“(7)    

The repeal of the Foreign Marriage Act 1892 made by section 13(2) does not

 

extend to Northern Ireland.”

33

Page 14, line 34, at end insert—

 

“(8)    

Any amendment made by Part 2 of Schedule 5 does not extend to Northern

 

Ireland.”

Clause 19

34

Page 14, line 37, after “14” insert “and (Survivor benefits under occupational pension

 

schemes)”

Schedule 1

35

Page 18, line 11, leave out from beginning to end of line 32 and insert—

 

“(1)    

The Secretary of State may by statutory instrument make

 

regulations about the procedures to be followed and the fees

 

payable—

 

(a)    

on registration applications;


 
 

7

 
 

(b)    

in relation to section 43B authorisations;

 

(c)    

on cancellation applications.

 

(2)    

The Secretary of State may by statutory instrument make—

 

(a)    

regulations modifying the application of section 41 or 43

 

in relation to buildings that are already registered under

 

section 43A;

 

(b)    

regulations about cases where a person makes

 

applications under sections 41 and 43A, or gives or

 

certifies authorisations under sections 43 and 43B, in

 

respect of the same building at the same time (including

 

provision modifying any requirement imposed by any of

 

those sections or by regulations under subsection (1) of

 

this section).

 

(3)    

A statutory instrument containing regulations made under this

 

section is subject to annulment in pursuance of a resolution of

 

either House of Parliament.

 

(4)    

In this section—

 

“cancellation application” means an application under

 

section 43C for the cancellation of the registration of a

 

building;

 

“registration application” means an application under

 

section 43A for the registration of a building;

 

“section 43B authorisation” means the authorisation of a

 

person under section 43B to be present at the

 

solemnization of marriages in a building registered under

 

section 43A.””

36

Page 20, line 14, leave out from “shared” to end of line 24 and insert “places of

 

worship: registration and cancellation

 

(1)    

The Secretary of State may by statutory instrument make

 

regulations about—

 

(a)    

registration applications relating to other shared places of

 

worship;

 

(b)    

cancellation applications relating to other shared places

 

of worship;

 

(c)    

the sharing churches’ use of other shared places of

 

worship (in cases where those places are registered under

 

section 43A) for the solemnization of marriages of same

 

sex couples.

 

(2)    

The provision that may be made under subsection (1)(a) or (b)

 

includes provision about the procedures to be followed on

 

registration applications or cancellation applications.

 

(3)    

In this section “other shared place of worship” means a shared

 

building—

 

(a)    

which has been certified as required by law as a place of

 

religious worship, but

 

(b)    

to which sections 44A and 44B do not apply because the

 

building is neither—

 

(i)    

subject to a sharing agreement, nor

 

(ii)    

used as mentioned in section 6(4) of the 1969 Act.”


 
 

8

 

Schedule 3

37

Page 25, line 23, leave out “Paragraphs 1 and 2 do” and insert “This Part of this

 

Schedule does”

Schedule 4

38

Page 28, line 13, leave out “as to the validity of a marriage” and insert “of validity”

39

Page 29, line 29, leave out “as to the validity of a marriage” and insert “of validity”

40

Page 30, line 34, at end insert—

 

“Interpretation

 

6          

In this Schedule “declaration of validity” means—

 

(a)    

a declaration as to the validity of a marriage,

 

(b)    

a declaration as to the subsistence of a marriage, or

 

(c)    

a declaration as to the validity of a divorce, annulment

 

or judicial separation obtained outside England and

 

Wales in respect of a marriage.”

Schedule 5

41

Page 39, line 4, after “with” insert “this Part of”

42

Page 39, line 15, leave out from “declaration” to end and insert “by the applicant’s

 

spouse that the spouse consents to the marriage continuing after the issue of a full

 

gender recognition certificate (“a statutory declaration of consent”)”

43

Page 45, line 7, leave out from “consent”” to end of line 13 and insert “has the

 

meaning given by section 3(6B)(a),””

44

Page 45, line 13, at end insert—

 

“Part 2

 

Alternative grounds for granting applications for gender recognition

 

certificates

 

Introduction

 

15         

The Gender Recognition Act 2004 is amended in accordance with this

 

Part of this Schedule.

 

Alternative grounds for granting applications

 

16         

Section 2 (determination of applications): after subsection (3) insert—

 

“(3A)    

This section does not apply to an application under section

 

1(1)(a) which states that it is an application for a certificate to be

 

granted in accordance with section 3A.”

 

17         

After section 3 insert—


 
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