1

House of Commons

Wednesday 18 July 2018

Public Bill Committee

New Amendments handed in are marked thus

Amendments which will comply with the required notice period at their next appearance

Civil Partnerships, Marriages and Deaths

(Registration Etc.) Bill

Note

This document includes all amendments tabled to date and includes any

withdrawn amendments at the end. The amendments have been arranged in

accordance with the Order to be proposed by Tim Loughton.

Tim Loughton

To move, That the Bill be considered in the following order, namely, new Clause 2,

Clause 1, new Clause 1, Clauses 2 to 5, remaining new Clauses, remaining proceedings

on the Bill.

Tim Loughton

Victoria Atkins

NC2

To move the following Clause—

“Marriage registration

(1)    

The Secretary of State may, by regulations, amend the Marriage Act 1949 (“the

1949 Act”) to provide for a system whereby details relating to marriages in

England and Wales are recorded in documents used as part of the procedure for

marriage, and entered into and held in a central register which is accessible in

electronic form.

(2)    

The regulations may, in particular—

(a)    

provide that a Part 3 marriage may be solemnized on the authority of a

single document (a “marriage schedule”) issued by the superintendent

Public Bill Committee: 18 July 2018                     

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Civil Partnerships, Marriages and Deaths (Registration Etc.), continued

registrar for the district in which the marriage is to be solemnized (instead

of on the authority of two certificates of a superintendent registrar);

(b)    

provide that a member of the clergy who is to solemnize a marriage

authorised by ecclesiastical preliminaries must, before doing so, issue a

document to enable the marriage to be registered (a “marriage

document”) or ensure that a marriage document is issued;

(c)    

make provision in relation to the signing of a marriage schedule or

marriage document following the solemnization of the marriage;

(d)    

make provision in relation to the delivery of a signed marriage schedule

or signed marriage document to a registrar;

(e)    

require the Registrar General to maintain a register of marriages in

England and Wales, which is accessible in electronic form (“the marriage

register”);

(f)    

make provision in relation to the entering in the marriage register of the

particulars set out in a signed marriage schedule or signed marriage

document;

(g)    

remove existing provision in relation to the registration of marriages

which is not to form part of the system provided for under this section.

(3)    

Where provision made by virtue of subsection (2)(d) gives power to a registrar to

require a person to attend personally at the office of a superintendent registrar for

the purpose of delivering a signed marriage schedule or signed marriage

document, the regulations may provide that a person who fails to comply with

such a requirement—

(a)    

commits an offence, and

(b)    

is liable on summary conviction to a fine not exceeding level 3 on the

standard scale.

(4)    

The regulations may give the Registrar General power to make regulations under

section 74(1) of the 1949 Act—

(a)    

prescribing the form or content of a marriage schedule, marriage

document or any other document specified in the regulations;

(b)    

making provision in relation to corrections to or the re-issue of a marriage

schedule or marriage document before the marriage is solemnized;

(c)    

making provision in relation to the keeping of a signed marriage schedule

or signed marriage document after the particulars set out in it have been

entered in the marriage register;

(d)    

making provision in relation to corrections to entries in the marriage

register or a pre-commencement marriage register book;

(e)    

making provision in relation to the keeping of pre-commencement

marriage register books;

(f)    

making provision in relation to the keeping in a church or chapel of

records of marriages solemnized according to the rites of the Church of

England or the Church in Wales in the church or chapel.

(5)    

For the purposes of subsection (4), provision in relation to the keeping of a book,

document or other record includes, in particular, provision about—

(a)    

who is to be responsible for keeping the book, document or other record

and how it is to be stored;

(b)    

the circumstances in which the book, document or other record must or

may be annotated;

(c)    

the circumstances in which the book, document or other record must or

may be sent to the Registrar General or a superintendent registrar.

(6)    

No regulations may be made by the Secretary of State under this section after a

period of three years beginning with the day on which regulations are first so

made.

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Civil Partnerships, Marriages and Deaths (Registration Etc.), continued

(7)    

In this section—

“ecclesiastical preliminaries” means the methods of authorisation described

in section 5(1)(a), (b) or (c) of the 1949 Act;

“marriage document”, “marriage register” and “marriage schedule” have

the meanings given by subsection (2)(b), (e) and (a) respectively;

“member of the clergy” means a clerk in Holy Orders of the Church of

England or a clerk in Holy Orders of the Church in Wales;

“Part 3 marriage” means a marriage falling within section 26(1), 26A(1) or

26B(2), (4) or (6) of the 1949 Act;

“pre-commencement marriage register book” means any marriage register

book in which the particulars of a marriage have been entered under that

Act;

“registrar” means a registrar of marriages;

“Registrar General” means the Registrar General for England and Wales;

“superintendent registrar” means a superintendent registrar of births, deaths

and marriages.”

Member’s explanatory statement

This new clause allows the Secretary of State to introduce a central, electronic system of marriage

registration in England and Wales.

Tim Loughton

Victoria Atkins

2

Page  1,  line  1,  leave out Clause 1

Member’s explanatory statement

The amendment removes Clause 1, which is superseded by NC2.

Tim Loughton

Victoria Atkins

NC1

To move the following Clause—

“Report on civil partnership

(1)    

The Secretary of State must make arrangements for a report to be prepared—

(a)    

assessing how the law ought to be changed to bring about equality

between same-sex couples and other couples in terms of their future

ability or otherwise to form civil partnerships, and

(b)    

setting out the Government’s plans for achieving that aim.

(2)    

The arrangements must provide for public consultation.

(3)    

The Secretary of State must lay the report before Parliament.”

Member’s explanatory statement

This new clause provides for a report to be prepared on the changes which ought to be made to

bring about equality between same-sex and other couples in terms of their future ability or

otherwise to form civil partnerships. It replaces the current Clause 2 (see Amendment 1).

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Civil Partnerships, Marriages and Deaths (Registration Etc.), continued

As Amendments to Tim Loughton’s proposed New Clause (Report on civil

partnership) (NC1):—

Conor McGinn

Gareth Thomas

(a)

Line  5,  after “partnerships” insert—

“(aa)    

how the law could be changed in Scotland to achieve that aim,

(ab)    

how the law could be changed in Northern Ireland to achieve that aim,”

Member’s explanatory statement

Together with Amendment (c) to NC1 and the consequential Amendment 16 to Clause 5, this

amendment extends the scope of the report to considering equality in civil partnerships in Scotland

and Northern Ireland.

Conor McGinn

Gareth Thomas

(b)

Line  6,  at end insert—

“(1A)    

In considering the matter specified in paragraph (1)(ab), the Secretary of State

shall also consider the implications for equality in civil partnerships of the

difference in legislation on marriage in Northern Ireland compared with the rest

of the United Kingdom.”

Member’s explanatory statement

This amendment requires the Secretary of State’s report to consider the implications of marriage

law in Northern Ireland for equality in civil partnerships in Northern Ireland.

Conor McGinn

Gareth Thomas

(c)

Line  8,  at end insert—

“(3A)    

The Secretary of State must also consult—

(a)    

Scottish Ministers,

(b)    

Northern Ireland Ministers.”

Member’s explanatory statement

See explanatory statement for Amendment (a) to NC1.

Tim Loughton

Victoria Atkins

1

Page  1,  line  7,  leave out Clause 2.

Member’s explanatory statement

This amendment is consequential on NC1.

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Civil Partnerships, Marriages and Deaths (Registration Etc.), continued

Lilian Greenwood

17

Clause  4,  page  2,  line  18,  leave out “whether, and if so how,” and insert “how”

Member’s explanatory statement

This amendment would mean that the Secretary of State’s report would examine how the law

should be changed, and not whether it should be changed.

Lilian Greenwood

18

Clause  4,  page  2,  line  22,  after “must” insert “, within six months of the passing of

this Act,”

Member’s explanatory statement

This amendment would mean that the Secretary of State’s report must be published within six

months of the Bill receiving Royal Assent.

Tim Loughton

Victoria Atkins

3

Clause  4,  page  2,  line  23,  leave out subsection (4)

Member’s explanatory statement

This amendment and Amendment 4 make a drafting change in response to Amendments 5 and 7

and NC3.

Tim Loughton

Victoria Atkins

4

Clause  4,  page  2,  line  26,  leave out “Investigation regulations may” and insert

“After the report has been published, the Lord Chancellor may by regulations”

Member’s explanatory statement

See the explanatory statement for Amendment 3.

Tim Loughton

Victoria Atkins

5

Clause  4,  page  2,  line  36,  leave out subsection (6)

Member’s explanatory statement

This amendment is consequential on NC3.

Tim Loughton

Victoria Atkins

6

Clause  4,  page  2,  line  43,  leave out “Investigation” and insert “The”

Member’s explanatory statement

This amendment is consequential on Amendments 3 and 4.

Tim Loughton

Victoria Atkins

7

Clause  4,  page  3,  line  6,  leave out subsections (8) and (9)

Member’s explanatory statement

This amendment is consequential on NC3.

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Civil Partnerships, Marriages and Deaths (Registration Etc.), continued

Tim Loughton

Victoria Atkins

8

Clause  4,  page  3,  line  10,  leave out “investigation regulations may be made” and

insert “regulations may be made under this section”

Member’s explanatory statement

This amendment is consequential on Amendments 3 and 4.

Conor McGinn

Gareth Thomas

16

Clause  5,  page  3,  line  13,  leave out subsection (1) and insert—

“(1)    

Sections 1, 3 and 4 extend to England and Wales,

(2)    

Section (Report on civil partnership) extends to England and Wales, Scotland and

Northern Ireland.”

Member’s explanatory statement

See explanatory statement for Amendment (a) to NC1.

Tim Loughton

Victoria Atkins

9

Clause  5,  page  3,  line  13,  at end insert “only, subject to subsection (1A).

(1A)    

Section (Supplementary provision about regulations) and this section extend to

England and Wales, Scotland and Northern Ireland.”

Member’s explanatory statement

The amendment enables consequential amendments to be made to UK-wide legislation (even

though the substantive changes to the law will relate to England and Wales only).

Tim Loughton

Victoria Atkins

10

Clause  5,  page  3,  line  14,  leave out subsections (2) and (3) and insert—

“( )    

This Act comes into force at the end of the period of two months beginning with

the day on which it is passed.”

Member’s explanatory statement

The amendment provides for the Bill to come into force two months after it receives Royal Assent.

Tim Loughton

Victoria Atkins

NC3

To move the following Clause—

“Supplementary provision about regulations

(1)    

The Secretary of State may by regulations—

(a)    

amend the Marriage of British Subjects (Facilities) Acts 1915 and 1916

so that they no longer apply in England and Wales;

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Civil Partnerships, Marriages and Deaths (Registration Etc.), continued

(b)    

make other provision in consequence of regulations under section

(Marriage registration).

(2)    

The Lord Chancellor may by regulations make provision in consequence of

regulations under section 4.

(3)    

Regulations under subsection (1) or (2) may include provision amending,

repealing or revoking provision made by or under primary legislation (whenever

passed or made).

(4)    

Regulations under this Act may make—

(a)    

different provision for different purposes;

(b)    

provision generally or for specific cases;

(c)    

provision subject to exceptions;

(d)    

incidental, supplementary, transitional, transitory or saving provision.

(5)    

Regulations under this Act are to be made by statutory instrument.

(6)    

A statutory instrument that contains (with or without other provision) regulations

under this Act that amend, repeal or revoke any provision of primary legislation

may not be made unless a draft of the instrument has been laid before and

approved by a resolution of each House of Parliament.

(7)    

Any other statutory instrument containing regulations under this Act is subject to

annulment in pursuance of a resolution of either House of Parliament.

(8)    

In this section—

“primary legislation” means—

(a)    

an Act of Parliament;

(b)    

an Act of the Scottish Parliament;

(c)    

an Act or Measure of the National Assembly for Wales;

(d)    

Northern Ireland legislation;

(e)    

a Measure of the Church Assembly or of the General Synod of

the Church of England;

“Registrar General” has the meaning given by section (Marriage

registration)(7).”

Member’s explanatory statement

This new clause makes supplementary provision about regulations under the Act.

Tim Loughton

Victoria Atkins

11

Title,  line  1,  leave out from beginning to “make”

Member’s explanatory statement

This amendment, together with Amendment 13, reflects the changes proposed by Amendment 1 and

NC1.

Tim Loughton

Victoria Atkins

12

Title,  line  2,  leave out from first “of” to “to” in line 3 and insert “marriage;”

Member’s explanatory statement

This amendment reflects the changes proposed by Amendment 2 and NC2.