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| New Amendments handed in are marked thus  |
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| Amendments which will comply with the required notice period at their next appearance
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| Civil Partnerships, Marriages and Deaths
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| | This document includes all amendments tabled to date and includes any |
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| | withdrawn amendments at the end. The amendments have been arranged in |
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| | accordance with the Order to be proposed by Tim Loughton. |
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| | To move, That the Bill be considered in the following order, namely, new Clause 2, |
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| | Clause 1, new Clause 1, Clauses 2 to 5, remaining new Clauses, remaining proceedings |
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| | To move the following Clause— |
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| | (1) | The Secretary of State may, by regulations, amend the Marriage Act 1949 (“the |
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| | 1949 Act”) to provide for a system whereby details relating to marriages in |
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| | England and Wales are recorded in documents used as part of the procedure for |
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| | marriage, and entered into and held in a central register which is accessible in |
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| | (2) | The regulations may, in particular— |
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| | (a) | provide that a Part 3 marriage may be solemnized on the authority of a |
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| | single document (a “marriage schedule”) issued by the superintendent |
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| | registrar for the district in which the marriage is to be solemnized (instead |
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| | of on the authority of two certificates of a superintendent registrar); |
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| | (b) | provide that a member of the clergy who is to solemnize a marriage |
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| | authorised by ecclesiastical preliminaries must, before doing so, issue a |
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| | document to enable the marriage to be registered (a “marriage |
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| | document”) or ensure that a marriage document is issued; |
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| | (c) | make provision in relation to the signing of a marriage schedule or |
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| | marriage document following the solemnization of the marriage; |
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| | (d) | make provision in relation to the delivery of a signed marriage schedule |
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| | or signed marriage document to a registrar; |
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| | (e) | require the Registrar General to maintain a register of marriages in |
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| | England and Wales, which is accessible in electronic form (“the marriage |
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| | (f) | make provision in relation to the entering in the marriage register of the |
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| | particulars set out in a signed marriage schedule or signed marriage |
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| | (g) | remove existing provision in relation to the registration of marriages |
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| | which is not to form part of the system provided for under this section. |
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| | (3) | Where provision made by virtue of subsection (2)(d) gives power to a registrar to |
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| | require a person to attend personally at the office of a superintendent registrar for |
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| | the purpose of delivering a signed marriage schedule or signed marriage |
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| | document, the regulations may provide that a person who fails to comply with |
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| | (a) | commits an offence, and |
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| | (b) | is liable on summary conviction to a fine not exceeding level 3 on the |
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| | (4) | The regulations may give the Registrar General power to make regulations under |
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| | section 74(1) of the 1949 Act— |
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| | (a) | prescribing the form or content of a marriage schedule, marriage |
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| | document or any other document specified in the regulations; |
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| | (b) | making provision in relation to corrections to or the re-issue of a marriage |
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| | schedule or marriage document before the marriage is solemnized; |
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| | (c) | making provision in relation to the keeping of a signed marriage schedule |
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| | or signed marriage document after the particulars set out in it have been |
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| | entered in the marriage register; |
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| | (d) | making provision in relation to corrections to entries in the marriage |
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| | register or a pre-commencement marriage register book; |
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| | (e) | making provision in relation to the keeping of pre-commencement |
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| | (f) | making provision in relation to the keeping in a church or chapel of |
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| | records of marriages solemnized according to the rites of the Church of |
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| | England or the Church in Wales in the church or chapel. |
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| | (5) | For the purposes of subsection (4), provision in relation to the keeping of a book, |
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| | document or other record includes, in particular, provision about— |
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| | (a) | who is to be responsible for keeping the book, document or other record |
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| | and how it is to be stored; |
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| | (b) | the circumstances in which the book, document or other record must or |
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| | (c) | the circumstances in which the book, document or other record must or |
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| | may be sent to the Registrar General or a superintendent registrar. |
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| | (6) | No regulations may be made by the Secretary of State under this section after a |
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| | period of three years beginning with the day on which regulations are first so |
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| | “ecclesiastical preliminaries” means the methods of authorisation described |
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| | in section 5(1)(a), (b) or (c) of the 1949 Act; |
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| | “marriage document”, “marriage register” and “marriage schedule” have |
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| | the meanings given by subsection (2)(b), (e) and (a) respectively; |
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| | “member of the clergy” means a clerk in Holy Orders of the Church of |
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| | England or a clerk in Holy Orders of the Church in Wales; |
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| | “Part 3 marriage” means a marriage falling within section 26(1), 26A(1) or |
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| | 26B(2), (4) or (6) of the 1949 Act; |
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| | “pre-commencement marriage register book” means any marriage register |
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| | book in which the particulars of a marriage have been entered under that |
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| | “registrar” means a registrar of marriages; |
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| | “Registrar General” means the Registrar General for England and Wales; |
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| | “superintendent registrar” means a superintendent registrar of births, deaths |
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| | Member’s explanatory statement
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| | This new clause allows the Secretary of State to introduce a central, electronic system of marriage |
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| | registration in England and Wales. |
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| Page 1, line 1, leave out Clause 1 |
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| | Member’s explanatory statement
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| | The amendment removes Clause 1, which is superseded by NC2. |
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| | To move the following Clause— |
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| | | “Report on civil partnership |
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| | (1) | The Secretary of State must make arrangements for a report to be prepared— |
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| | (a) | assessing how the law ought to be changed to bring about equality |
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| | between same-sex couples and other couples in terms of their future |
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5 | | ability or otherwise to form civil partnerships, and |
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| | (b) | setting out the Government’s plans for achieving that aim. |
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| | (2) | The arrangements must provide for public consultation. |
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| | (3) | The Secretary of State must lay the report before Parliament.” |
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| | Member’s explanatory statement
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| | This new clause provides for a report to be prepared on the changes which ought to be made to |
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| | bring about equality between same-sex and other couples in terms of their future ability or |
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| | otherwise to form civil partnerships. It replaces the current Clause 2 (see Amendment 1). |
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| | As Amendments to Tim Loughton’s proposed New Clause (Report on civil |
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| Line 5, after “partnerships” insert— |
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| | “(aa) | how the law could be changed in Scotland to achieve that aim, |
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| | (ab) | how the law could be changed in Northern Ireland to achieve that aim,” |
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| | Member’s explanatory statement
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| | Together with Amendment (c) to NC1 and the consequential Amendment 16 to Clause 5, this |
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| | amendment extends the scope of the report to considering equality in civil partnerships in Scotland |
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| | “(1A) | In considering the matter specified in paragraph (1)(ab), the Secretary of State |
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| | shall also consider the implications for equality in civil partnerships of the |
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| | difference in legislation on marriage in Northern Ireland compared with the rest |
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| | Member’s explanatory statement
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| | This amendment requires the Secretary of State’s report to consider the implications of marriage |
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| | law in Northern Ireland for equality in civil partnerships in Northern Ireland. |
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| | “(3A) | The Secretary of State must also consult— |
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| | (b) | Northern Ireland Ministers.” |
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| | Member’s explanatory statement
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| | See explanatory statement for Amendment (a) to NC1. |
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| Page 1, line 7, leave out Clause 2. |
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| | Member’s explanatory statement
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| | This amendment is consequential on NC1. |
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| Clause 4, page 2, line 18, leave out “whether, and if so how,” and insert “how” |
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| | Member’s explanatory statement
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| | This amendment would mean that the Secretary of State’s report would examine how the law |
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| | should be changed, and not whether it should be changed. |
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| Clause 4, page 2, line 22, after “must” insert “, within six months of the passing of |
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| | Member’s explanatory statement
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| | This amendment would mean that the Secretary of State’s report must be published within six |
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| | months of the Bill receiving Royal Assent. |
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| Clause 4, page 2, line 23, leave out subsection (4) |
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| | Member’s explanatory statement
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| | This amendment and Amendment 4 make a drafting change in response to Amendments 5 and 7 |
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| Clause 4, page 2, line 26, leave out “Investigation regulations may” and insert |
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| “After the report has been published, the Lord Chancellor may by regulations” |
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| | Member’s explanatory statement
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| | See the explanatory statement for Amendment 3. |
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| Clause 4, page 2, line 36, leave out subsection (6) |
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| | Member’s explanatory statement
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| | This amendment is consequential on NC3. |
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| Clause 4, page 2, line 43, leave out “Investigation” and insert “The” |
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| | Member’s explanatory statement
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| | This amendment is consequential on Amendments 3 and 4. |
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| Clause 4, page 3, line 6, leave out subsections (8) and (9) |
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| | Member’s explanatory statement
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| | This amendment is consequential on NC3. |
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| Clause 4, page 3, line 10, leave out “investigation regulations may be made” and |
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| insert “regulations may be made under this section” |
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| | Member’s explanatory statement
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| | This amendment is consequential on Amendments 3 and 4. |
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| Clause 5, page 3, line 13, leave out subsection (1) and insert— |
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| | “(1) | Sections 1, 3 and 4 extend to England and Wales, |
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| | (2) | Section (Report on civil partnership) extends to England and Wales, Scotland and |
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| | Member’s explanatory statement
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| | See explanatory statement for Amendment (a) to NC1. |
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| Clause 5, page 3, line 13, at end insert “only, subject to subsection (1A). |
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| | (1A) | Section (Supplementary provision about regulations) and this section extend to |
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| | England and Wales, Scotland and Northern Ireland.” |
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| | Member’s explanatory statement
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| | The amendment enables consequential amendments to be made to UK-wide legislation (even |
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| | though the substantive changes to the law will relate to England and Wales only). |
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| Clause 5, page 3, line 14, leave out subsections (2) and (3) and insert— |
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| | “( ) | This Act comes into force at the end of the period of two months beginning with |
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| | the day on which it is passed.” |
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| | Member’s explanatory statement
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| | The amendment provides for the Bill to come into force two months after it receives Royal Assent. |
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| | To move the following Clause— |
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| | | “Supplementary provision about regulations |
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| | (1) | The Secretary of State may by regulations— |
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| | (a) | amend the Marriage of British Subjects (Facilities) Acts 1915 and 1916 |
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| | so that they no longer apply in England and Wales; |
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| | (b) | make other provision in consequence of regulations under section |
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| | (2) | The Lord Chancellor may by regulations make provision in consequence of |
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| | regulations under section 4. |
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| | (3) | Regulations under subsection (1) or (2) may include provision amending, |
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| | repealing or revoking provision made by or under primary legislation (whenever |
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| | (4) | Regulations under this Act may make— |
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| | (a) | different provision for different purposes; |
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| | (b) | provision generally or for specific cases; |
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| | (c) | provision subject to exceptions; |
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| | (d) | incidental, supplementary, transitional, transitory or saving provision. |
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| | (5) | Regulations under this Act are to be made by statutory instrument. |
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| | (6) | A statutory instrument that contains (with or without other provision) regulations |
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| | under this Act that amend, repeal or revoke any provision of primary legislation |
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| | may not be made unless a draft of the instrument has been laid before and |
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| | approved by a resolution of each House of Parliament. |
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| | (7) | Any other statutory instrument containing regulations under this Act is subject to |
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| | annulment in pursuance of a resolution of either House of Parliament. |
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| | “primary legislation” means— |
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| | (a) | an Act of Parliament; |
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| | (b) | an Act of the Scottish Parliament; |
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| | (c) | an Act or Measure of the National Assembly for Wales; |
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| | (d) | Northern Ireland legislation; |
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| | (e) | a Measure of the Church Assembly or of the General Synod of |
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| | “Registrar General” has the meaning given by section (Marriage |
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| | Member’s explanatory statement
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| | This new clause makes supplementary provision about regulations under the Act. |
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| Title, line 1, leave out from beginning to “make” |
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| | Member’s explanatory statement
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| | This amendment, together with Amendment 13, reflects the changes proposed by Amendment 1 and |
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| Title, line 2, leave out from first “of” to “to” in line 3 and insert “marriage;” |
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| | Member’s explanatory statement
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| | This amendment reflects the changes proposed by Amendment 2 and NC2. |
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