Marriage (Same Sex Couples) Bill (HL Bill 29)

(d) the applicant is a party to a protected civil partnership and
the Panel has decided not to issue a full gender recognition
certificate to the other party to the civil partnership, or

(e) the applicant is a party to a civil partnership that is not a
5protected civil partnership.

(3A) If a Gender Recognition Panel issues a full gender recognition
certificate under this section to an applicant who is a party to a
protected marriage, the Panel must give the applicant’s spouse
notice of the issue of the certificate.

(3B) 10Subsection (2)(c) is subject to section 5B.”.

Issue of full certificate after interim certificate: applicant married

4 After section 4 insert—

“Issue of full certificate after interim certificate: applicant married

4A Married person with interim certificate: issue of full certificate

(1) 15A Gender Recognition Panel must issue a full gender recognition
certificate to a person in either of the following cases.

(2) Case A is where, on an application by the person, the Panel is
satisfied that—

(a) an interim gender recognition certificate has been issued to
20the person;

(b) the person was a party to a protected marriage at the time
when the interim gender recognition certificate was issued;

(c) the person is a party to a protected marriage; and

(d) the person’s spouse now consents to the marriage continuing
25after the issue of the full gender recognition certificate.

(3) Case B is where, on an application by the person, the Panel is
satisfied that—

(a) an interim gender recognition certificate has been issued to
the person;

(b) 30the person was a party to a civil partnership at the time when
the interim gender recognition certificate was issued;

(c) a conversion application has been made within the period of
six months beginning with the day on which that certificate
was issued;

(d) 35the conversion application has resulted in the civil
partnership being converted into a marriage;

(e) the person is a party to that marriage; and

(f) the person’s spouse consents to the marriage continuing after
the issue of the full gender recognition certificate.

(4) 40If, on an application under subsection (2) or (3), the Panel is not
satisfied as mentioned in that subsection, the Panel must reject the
application.

(5) An application under subsection (2) must be made within the period
of six months beginning with the day on which the interim gender
recognition certificate is issued.

(6) An application under subsection (3) must be made within the period
5of six months beginning with the day on which the civil partnership
is converted into a marriage.

(7) An application under subsection (2) or (3) must include a statutory
declaration of consent made by the person’s spouse.

(8) An application under subsection (3) must also include—

(a) 10evidence of the date on which the conversion application was
made, and

(b) evidence of the conversion of the civil partnership into a
marriage.

(9) If an application is made under this section, the Gender Recognition
15Panel must give the applicant’s spouse—

(a) notice of the application; and

(b) if the Panel grants the application, notice of the issue of the
full gender recognition certificate.

(10) In this section “conversion application” means an application for the
20conversion of a civil partnership into a marriage under regulations
under section 9 of the Marriage (Same Sex Couples) Act 2013.

4B Application under section 4A: death of spouse

(1) In a case where an application is made under section 4A(2) or (3) and
the applicant’s spouse dies before the application is determined—

(a) 25the application is to be treated as an application, made under
section 5(2) in a case where a spouse has died, for a full
gender recognition certificate to be issued; and

(b) that application is to be treated as having been made at the
time when the application under section 4A was made.

(2) 30The Gender Recognition Panel determining the application must
specify the period within which the applicant is to produce the
required evidence in support of the new application.

(3) In this section—

• “new application” means the application under section 5(2)
  35which the person is, by virtue of subsection (1), treated as
  having made;

• “required evidence” means the evidence required by section
  5(4).”.

Applications by both civil partners

5 After section 5A insert—

“Other provision about applications and certificates

5B Applications by both civil partners

(1) 5This section applies where the Panel decides to issue a full gender
recognition certificate to a party to a protected civil partnership.

(2) The Panel must not issue the full gender recognition certificate to
that person unless the Panel issues a full gender recognition
certificate to the other party to the protected civil partnership.

(3) 10In such a case, the Panel must issue both certificates on the same day.

(4) Those certificates take effect at the beginning of the day on which
they are issued.”.

Errors in certificates

6 Section 6 (errors in certificates)—

(a) 15for the title substitute “Errors”;

(b) for subsection (1) substitute—

“(1) Where a gender recognition certificate has been issued to a
person, the person or the Secretary of State may make an
application for—

(a) 20an interim gender recognition certificate, on the
ground that a full gender recognition certificate has
incorrectly been issued instead of an interim
certificate;

(b) a full gender recognition certificate, on the ground
25that an interim gender recognition certificate has
incorrectly been issued instead of a full certificate; or

(c) a corrected certificate, on the ground that the
certificate which has been issued contains an error.”;

(c) subsection (3): for paragraph (a) substitute—

“(a) 30must grant the application if satisfied that the ground
on which the application is made is correct, and”;

(d) subsection (4): for “a corrected” substitute “a correct, or a corrected,”.

Applications: supplementary

7 Section 7 (applications: supplementary), subsection (1): after “1(1),” insert
35“4A,”.

Appeals etc

8 Section 8 (appeals etc)—

(a) subsection (1): after “1(1),” insert “4A,”;

(b) subsection (5): after “1(1),” insert “4A,”;

(c) after subsection (5) insert—

“(5A) If an application under section 1(1), 4A, 5(2), 5A(2) or 6(1) is
granted, the applicant’s spouse may apply to the High Court
5or Court of Session to quash the decision to grant the
application on the grounds that its grant was secured by
fraud.”;

(d) subsection (6): after “subsection (5)” insert “or an application under
subsection (5A)”.

10Change in gender of party to marriage

9 After section 11 insert—

“11A Change in gender of party to marriage

(1) This section applies in relation to a protected marriage if (by virtue
of section 4(2)(b) or 4A) a full gender recognition certificate is issued
15to a party to the marriage.

(2) The continuity of the protected marriage is not affected by the
relevant change in gender.

(3) If the protected marriage is a foreign marriage—

(a) the continuity of the marriage continues by virtue of
20subsection (2) notwithstanding any impediment under the
proper law of the marriage;

(b) the proper law of the marriage is not affected by its
continuation by virtue of subsection (2).

(4) In this section—

• 25“foreign marriage” means a marriage under the law of a country
  or territory outside the United Kingdom;

• “impediment” means anything which affects the continuation
  of a marriage merely by virtue of the relevant change in
  gender;

• 30“proper law”, in relation to a protected marriage, means the law
  of the country or territory under which the marriage was
  entered into;

• “relevant change in gender” means the change or changes of
  gender occurring by virtue of the issue of the full gender
  35recognition certificate or certificates.”.

Registration

10 (1) Section 10 (registration): after subsection (1) insert—

“(1A) Where a full gender recognition certificate is issued to a person who
is a party to—

(a) 40a marriage under the law of England and Wales, or

(b) a civil partnership under that law,

the Secretary of State must send a copy of the certificate to the
Registrar General for England and Wales.”.

(2) Schedule 3 (registration), Part 1 (England and Wales): at end insert—

“Registration of marriages and civil partnerships

11A (1) The Registrar General may make regulations about—

(a) the registration of qualifying marriages, and

(b) 5the registration of qualifying civil partnerships.

(2) The regulations may, in particular, provide for the maintenance
of—

(a) a separate register in relation to qualifying marriages, and

(b) a separate register in relation to qualifying civil
10partnerships.

(3) In this paragraph—

• “qualifying civil partnership” means a civil partnership
  under the law of England and Wales in a case where a full
  gender recognition certificate has been issued to each of
  15the civil partners;

• “qualifying marriage” means a marriage under the law of
  England and Wales in a case where a full gender
  recognition certificate has been issued to one, or each, of
  the spouses.”.

20Change in gender of civil partners

11 After section 11A (inserted by paragraph 9) insert—

“11B Change in gender of civil partners

The continuity of a civil partnership is not affected by the issuing of
full gender recognition certificates (by virtue of section 4(2)(c)) to
25both civil partners.”.

Foreign gender change and marriage

12 Section 21 (foreign gender change and marriage)—

(a) after subsection (1) insert—

“(1A) Subsections (2) to (5) apply only in Scotland and Northern
30Ireland.”;

(b) subsection (2): for “Accordingly,” substitute “In accordance with
subsection (1),”.

Prohibition on disclosure of information

13 Section 22 (prohibition on disclosure of information), subsection (2)(a): after
35“section” insert “4A,”.

Interpretation

14 Section 25 (interpretation)—

(a) after the definition of “Gender Recognition Panel” insert—

• ““protected civil partnership” means a civil partnership
  40under the law of England and Wales;

Marriage (Same Sex Couples) BillPage 45

• “protected marriage” means—

  (a)

  a marriage under the law of England and
  Wales, or

  (b)

  a marriage under the law of a country or
  5territory outside the United Kingdom,”;

(b) after the definition of “registered psychologist” insert—

• ““statutory declaration of consent”, in relation to the
  issuing of a gender recognition certificate to a person,
  means a statutory declaration by the person’s spouse
  10or civil partner that the spouse or civil partner
  consents to the marriage or civil partnership
  continuing after the issue of a full gender recognition
  certificate,”.

Section 13

SCHEDULE 6 15Marriage overseas

Part 1 Consular marriage under UK law

Provision for consular marriage

1 (1) Her Majesty may by Order in Council make provision for two people to
20marry each other—

(a) in prescribed countries or territories outside the United Kingdom,
and

(b) in the presence of a registration officer,

in cases where the officer is satisfied that the conditions in sub-paragraph (2)
25are met.

(2) The conditions are that—

(a) at least one of the people proposing to marry is a United Kingdom
national,

(b) the people proposing to marry would have been eligible to marry
30each other in such part of the United Kingdom as is determined in
accordance with the Order,

(c) the authorities of the country or territory in which it is proposed that
they marry will not object to the marriage, and

(d) insufficient facilities exist for them to enter into a marriage under the
35law of that country or territory.

Refusal by registration officer

2 (1) A registration officer is not required to allow two people to marry each other
if the registration officer’s opinion is that a marriage between them would
be inconsistent with international law or the comity of nations.

(2) 40An Order in Council under this Part of this Schedule may make provision
for appeals against a refusal, in reliance on sub-paragraph (1), to allow two
people to marry each other.

No religious service

3 No religious service is to be used at the solemnization of a consular
marriage.

Treatment of marriage as taking place in part of UK for certain purposes

4 5An Order in Council under this Part of this Schedule may provide that two
people who marry in a consular marriage are to be treated for prescribed
purposes as if they had married in the relevant part of the United Kingdom.

Validity of consular marriage

5 A consular marriage is valid in law as if the marriage had been solemnized
10in the relevant part of the United Kingdom with a due observance of all
forms required by the law of the relevant part of the United Kingdom.

Interpretation

6 In this Part of this Schedule—

• “consular marriage” means a marriage solemnized in accordance with
  15the provisions of this Part of this Schedule and any Order in Council
  made under it;

• “registration officer” means—

  (a)

  a consular officer in the service of Her Majesty’s government
  in the United Kingdom, or

  (b)

  20in the case of registration in a country or territory in which
  Her Majesty’s government in the United Kingdom has for the
  time being no consular representative, a person authorised
  by the Secretary of State in respect of the solemnization of
  marriages in that country or territory;

• 25“relevant part of the United Kingdom”, in relation to a consular
  marriage, means the part of the United Kingdom determined in
  accordance with paragraph 1(2)(b) for the purposes of the marriage.

Part 2 Marriage under foreign law: certificates of no impediment

30Provision for certificates of no impediment

7 (1) Her Majesty may by Order in Council make provision for the issue of
certificates of no impediment to—

(a) United Kingdom nationals, and

(b) such other persons as may be prescribed,

35who wish to marry in prescribed countries or territories outside the United
Kingdom.

(2) A certificate of no impediment is a certificate that no legal impediment to the
recipient entering into the marriage has been shown to the person issuing
the certificate to exist.

Part 3 Marriage of forces personnel under UK law

Provision for marriage of armed forces personnel

8 (1) Her Majesty may by Order in Council make provision for—

(a) 5a man and a woman to marry each other in any country or territory
outside the United Kingdom, and

(b) for a same sex couple to marry in prescribed countries or territories
outside the United Kingdom,

in the presence of an authorised person, in cases where the authorised
10person is satisfied that the conditions in sub-paragraph (2) are met.

(2) The conditions are that—

(a) at least one of the people proposing to marry is—

(i) a member of Her Majesty’s forces serving in the country or
territory in which it is proposed that they marry,

(ii) 15a relevant civilian who is employed in that country or
territory, or

(iii) a child of a person falling within sub-paragraph (i) or (ii)
whose home is with that person in that country or territory,
and

(b) 20the people proposing to marry would have been eligible to marry
each other in such part of the United Kingdom as is determined in
accordance with the Order.

(3) In a case where one person (“P”) treats, or has treated, another person (“C”),
as a child of the family in relation to—

(a) 25a marriage to which P is or was a party, or

(b) a civil partnership to which P is or was a party,

C is to be regarded for the purposes of sub-paragraph (2)(a)(iii) as the child
of P.

Religious services at forces marriages of same sex couples

9 (1) 30An Order in Council under this Part of this Schedule may make provision
about the solemnization of forces marriages of same sex couples according
to religious rites and usages.

(2) That includes provision—

(a) prohibiting the solemnization of such marriages according to
35particular religious rites or usages;

(b) as to consent to the solemnization of such marriages—

(i) according to particular religious rites or usages, or

(ii) on particular premises.

(3) This paragraph does not affect the provision that may be made about the
40solemnization of forces marriages of opposite sex couples according to
religious rites and usages.

Treatment of marriage as taking place in part of UK for certain purposes

10 An Order in Council under this Part of this Schedule may provide that two
people who marry in a forces marriage are to be treated for prescribed
purposes as if they had married in the relevant part of the United Kingdom.

5Validity of forces marriage

11 A forces marriage is valid in law as if the marriage had been solemnized in
the relevant part of the United Kingdom with a due observance of all forms
required by the law of the relevant part of the United Kingdom.

Interpretation

12 (1) 10In this Part of this Schedule—

(a) a reference to a country or territory includes a reference to the waters
of a country or territory;

(b) a reference to Her Majesty’s forces serving in a country or territory
includes a reference to such forces serving in a ship in the waters of
15a country or territory;

(c) a reference to a relevant civilian employed in a country or territory
includes a reference to such a civilian employed in a ship in the
waters of a country or territory.

(2) In this Part of this Schedule—

• 20“authorised person”, in relation to a marriage in a country or territory
  outside the United Kingdom, means—

  (a)

  a chaplain serving in any of Her Majesty’s forces in that
  country or territory, or

  (b)

  a person authorised by the commanding officer of any of Her
  25Majesty’s forces in that country or territory to conduct that
  marriage or marriages generally;

• “commanding officer” has the same meaning as in the Armed Forces
  Act 2006;

• “forces marriage” means a marriage solemnized in accordance with the
  30provisions of this Part of this Schedule and any Order in Council
  made under it;

• “Her Majesty’s forces” has the same meaning as in the Armed Forces
  Act 2006;

• “relevant civilian” means a civilian subject to service discipline (within
  35the meaning of the Armed Forces Act 2006) who is of a prescribed
  description;

• “relevant part of the United Kingdom”, in relation to a forces marriage,
  means the part of the United Kingdom determined in accordance
  with paragraph 8(2)(b) for the purposes of the marriage.

40Part 4 General provisions

Parliamentary scrutiny

13 (1) No recommendation is to be made to Her Majesty in Council to make an
Order in Council under this Schedule unless a draft of the statutory

instrument containing the Order in Council has been laid before, and
approved by a resolution of, each House of Parliament.

(2) In the case of an Order in Council containing provision which would (if
contained in an Act of the Scottish Parliament) be within the legislative
5competence of that Parliament, no recommendation is to be made to Her
Majesty under this paragraph unless the Scottish Ministers have been
consulted.

(3) In the case of an Order in Council containing provision which would (if
contained in an Act of the Northern Ireland Assembly) be within the
10legislative competence of that Assembly, no recommendation is to be made
to Her Majesty under this paragraph unless the Department of Finance and
Personnel has been consulted.

Particular kinds of provision

14 (1) An Order in Council under this Schedule may—

(a) 15make different provision for different purposes,

(b) make transitional, transitory or saving provision, or

(c) make consequential provision.

(2) An Order in Council under this Schedule may make provision
corresponding to, or applying (with or without modifications), any UK
20legislation.

(3) An Order in Council under this Schedule may amend, repeal or revoke UK
legislation.

Interpretation

15 In this Schedule—

• 25“prescribed” means prescribed by an Order in Council made under this
  Schedule;

• “United Kingdom national” means a person who is—

  (a)

  a British citizen, a British overseas territories citizen, a British
  Overseas citizen or a British National (Overseas),

  (b)

  30a British subject under the British Nationality Act 1981, or

  (c)

  a British protected person, within the meaning of that Act.

Section 15

SCHEDULE 7 Transitional and consequential provision etc

Part 1 35Transitional and transitory provision

Approval of premises for civil weddings

1 (1) The approved premises regulations, and any related guidance, that are in
force immediately before commencement have effect after commencement