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

in relation to marriage in pursuance of section 26(1)(bb) of the Marriage Act
1949 as amended by this Act.

(2) Any approval of premises under those regulations that is in force
immediately before commencement has effect after commencement in
5relation to marriage in pursuance of section 26(1)(bb) of the Marriage Act
1949 as amended by this Act.

(3) Any application for approval of premises made under approved premises
regulations before commencement continues to have effect after
commencement as an application for the approval of the premises for the
10purposes of marriage in pursuance of section 26(1)(bb) of the Marriage Act
1949 as amended by this Act.

(4) In this paragraph—

• “approved premises regulations” means regulations under section 46A
  of the Marriage Act 1949;

• 15“commencement” means the time when section 1 comes into force;

• “related guidance” means any guidance relating to premises approved
  under approved premises regulations.

Part 2 Minor and consequential amendments

20Marriage Act 1949 (c. 76)Marriage Act 1949 (c. 76)

2 The Marriage Act 1949 is amended as follows.

3 Section 3 (marriages of persons under 18), subsection (1): after “widow”
insert “or a surviving civil partner”.

4 Section 27A (additional information required in certain cases), subsection
25(1): after “section 26(1)(dd)” insert “or 26B(6)”.

5 After section 27C insert—

“27D Additional information required for certain marriages of same sex
couples

(1) This section applies in relation to any marriage intended to be
30solemnized in pursuance of section 26B(2), (4) or (6) (marriage of
same sex couples: Quaker marriage, Jewish marriage, marriage of
house-bound or detained person).

(2) The superintendent registrar to whom notice of such a marriage is
given under section 27 may require the relevant governing authority
35to provide a copy of the consent mentioned in section 26B(2)(b),
(4)(b) or (6)(d).

(3) In this section, “relevant governing authority”, in relation to an
intended marriage under section 26B(2), (4) or (6), has the same
meaning as in that provision.”.

6 (1) 40Section 28A (power to require evidence) is amended in accordance with this
paragraph.

(2) After subsection (1) insert—

“(1A) In the case of an intended marriage to which section 27D applies, the
superintendent registrar to whom the notice of the marriage is given
may require the relevant governing authority to produce evidence
5relating to the consent mentioned in section 26B(2)(b), (4)(b) or
(6)(d).”.

(3) Subsection (2): for “Such a requirement” substitute “A requirement under
subsection (1) or (1A)”.

7 (1) Section 41 (registration of buildings) is amended in accordance with this
10paragraph.

(2) The title: at the end insert “: marriage of a man and a woman”.

(3) After subsection (1) insert—

“(1A) A reference in this section to the solemnization of marriage is a
reference to the solemnization of marriage of a man and a woman.”.

8 (1) 15Section 42 (cancellation of registration and substitution of another building)
is amended in accordance with this paragraph.

(2) For the title substitute “Cancellation of registration under section 41:
building no longer used”.

(3) Subsection (1): for “registered building” substitute “building registered
20under section 41”.

9 (1) Section 43 (appointment of authorised persons) is amended in accordance
with this paragraph.

(2) For the title substitute “Buildings registered under section 41: appointment
of authorised persons”.

(3) 25Subsection (1): for “registered building” (in each place) substitute “building
registered under section 41”.

(4) For the proviso to subsection (1) substitute—

“(1A) The power conferred by this section may only be exercised after the
end of the relevant one year period (and, if that period has ended
30before the date of the registration under section 41, the power may
accordingly be exercised immediately).

(1B) The relevant one year period is the period of one year beginning with
the date of the registration of the building under section 41 (the “new
registration”).

(1C) 35But if—

(a) there is any earlier registration of the building under section
43A which is still in force at the date of the new registration,
or

(b) there has been any earlier qualifying registration of a
40previous building,

the relevant one year period is the period of one year beginning with
the date of that registration (or the earlier of those dates).

(1D) For that purpose there is a qualifying registration of a previous
building if—

(a) the congregation on whose behalf the new registration is
made previously used another building for the purpose of
5public religious worship,

(b) that building was registered under section 41 or 43A, and

(c) that registration was cancelled not more than one month
before the date of the new registration.”.

(5) Omit subsection (2).

10 10Section 44 (solemnization of marriage in registered building), subsection
(2)(b): for “the last foregoing section” substitute “section 43 (in the case of the
marriage of a man and a woman), or section 43B (in the case of the marriage
of a same sex couple),”.

11 Section 45A (solemnization of certain marriages), subsection (1): after
15“section 26(1)(dd)” insert “or 26B(6)”.

12 (1) Section 46 (register office marriage followed by religious ceremony) is
amended in accordance with this paragraph.

(2) Subsection (1): for “marriage solemnised in the presence of a superintendent
registrar” substitute “relevant marriage”.

(3) 20After subsection (1) insert—

“(1A) In this section “relevant marriage” means—

(a) the marriage of a man and a woman solemnized in the
presence of a superintendent registrar,

(b) the marriage of a same sex couple solemnized in the presence
25of a superintendent registrar, and

(c) a marriage which arises from the conversion of a civil
partnership under regulations under section 9 of the
Marriage (Same Sex Couples) Act 2013.

(1B) This section does not authorise the marriage service of the Church of
30England to be read or celebrated in the case of a relevant marriage of
a same sex couple.

(1C) This section does not authorise any other marriage service to be read
or celebrated in the case of a relevant marriage of a same sex couple
unless the relevant governing authority has given written consent to
35the reading or celebration of that service in the case of such
marriages.

(1D) For that purpose—

• “relevant governing authority” means the person or persons
  recognised by the members of the relevant religious
  40organisation as competent for the purpose of giving consent
  for the purposes of this section;

• “relevant religious organisation” means the religious
  organisation whose marriage service is to be read or
  celebrated.”.

13 45Section 48 (proof of certain matters not necessary to validity of marriages),
subsection (1)—

(a) paragraph (d): omit “or”;

(b) after paragraph (d) insert—

“(da) that, in the case of a marriage under section 26B(2), (4)
or (6), the relevant governing authority had given
5consent as mentioned in section 26B(2)(b), (4)(b) or
(6)(d);”;

(c) at the end of paragraph (3) insert “or

(ea) that, in the case of a marriage under section 26A, the
relevant governing authority had given consent as
10mentioned in section 26A(3);”.

14 Section 53, paragraph (c): for the words from “religion” to the end substitute
“religion—

“(i) where the parties to the marriage are both
members of the same synagogue, the marriage
15shall be registered by the secretary of that
synagogue; and

(ii) where the parties to the marriage are members of
different synagogues, the marriage shall be
registered by the secretary of whichever of those
20synagogues the parties to the marriage nominate;”.

15 Section 69 (licensing of chapels for marriages according to rites of Church of
England), subsection (5): for “authorised persons” substitute “persons
authorised under section 43”.

16 Section 70 (registration of chapels for marriages otherwise than according to
25rites of Church of England), subsection (1), paragraphs (a) and (b): for
“registered building” substitute “building registered under section 41”.

17 (1) Section 75 (offences relating to solemnization of marriages) is amended in
accordance with this paragraph.

(2) Subsection (2)(bb): after “section 26(1)(dd)” insert “or 26B(6)”.

(3) 30Subsection (3)(d): after “(dd)” insert “or 26B(6)”.

(4) Subsection (5): after “seventy” insert “or 70A”.

18 (1) Section 78 (interpretation) is amended in accordance with this paragraph.

(2) Subsection (1)—

(a) for the definition of “authorised person” substitute—

• 35““authorised person” means—

  (a)

  in relation to a building registered under
  section 41, a person whose name and address
  have been certified in accordance with section
  43;

  (b)

  40in relation to a building registered under
  section 43A, a person whose name and
  address have been certified in accordance
  with section 43B;”;

(b) definition of “registered building”: for “Part III” substitute “section
4541 or section 43A”.

19 (1) Schedule 4 (provisions of Act which are excluded or modified in their
application to Naval, Military and Air Force chapels) is amended in
accordance with this paragraph.

(2) Part 3 (exclusion of provisions relating to marriages otherwise than
5according to the rites of the Church of England): after the entry relating to
section 43 insert—

“Sections 43A and 43C.”.

(3) Part 4 (modification of provisions relating to marriages otherwise than
according to the rites of the Church of England), after “forty-three,” insert
10“43B,”.

Marriage (Registrar General’s Licence) Act 1970

20 The Marriage (Registrar General’s Licence) Act 1970 is amended as follows.

21 Section 1 (marriages which may be solemnized by Registrar General’s
licence), subsection (2): after “section 26(1)(dd)” insert “or 26B(6)”.

22 15Section 2 (notice of marriage), after subsection (2) insert—

“(4) Sections 27D and 28A(1A) and (2) of the principal Act apply (with the
appropriate modifications) to a marriage intended to be solemnized
in pursuance of this Act as they apply to a marriage intended to be
solemnized in pursuance of 26B(2), (4) or (6) of that Act.”.

20Matrimonial Causes Act 1973 (c. 18)Matrimonial Causes Act 1973 (c. 18)

23 The Matrimonial Causes Act 1973 is amended as follows.

24 Section 11 (grounds on which a marriage is void): omit paragraph (c).

Social Security Contributions and Benefits Act 1992 (c. 4)Social Security Contributions and Benefits Act 1992 (c. 4)

25 The Social Security Contributions and Benefits Act 1992 is amended as
25follows.

26 Section 48 (use of former spouse’s or civil partner’s contributions): after
subsection (4) insert—

“(5) For the purposes of this section, a civil partnership is not to be treated
as having terminated by reason of its having been converted into a
30marriage under section 9 of the Marriage (Same Sex Couples) Act
2013.”.

Pension Schemes Act 1993 (c. 48)Pension Schemes Act 1993 (c. 48)

27 The Pension Schemes Act 1993 is amended as follows.

28 Section 99 (trustees’ duties after exercise of option), subsection (3)(b): for
35“his widow” substitute “his or her surviving spouse or civil partner”.

Civil Partnership Act 2004 (c. 33)Civil Partnership Act 2004 (c. 33)

29 The Civil Partnership Act 2004 is amended as follows.

30 Section 1 (civil partnership), subsection (3)—

(a) after “only” insert “(a)”;

(b) after “annulment” insert “, or

(b) in the case of a civil partnership formed as mentioned
in subsection (1)(a)(i) or (iv), on the conversion of the
5civil partnership into a marriage under section 9 of
the Marriage (Same Sex Couples) Act 2013.”.

31 Section 4 (parental etc consent where proposed civil partner under 18),
subsection (3): after “partner” insert “or a widower or a widow”.

32 Section 210 (registration at British consulates etc), subsection (6), paragraph
10(b) of the definition of “Registration officer”: after “country” (in both places)
insert “or territory”.

Human Fertilisation and Embryology Act 2008 (c. 22)Human Fertilisation and Embryology Act 2008 (c. 22)

33 The Human Fertilisation and Embryology Act 2008 is amended as follows.

34 (1) Section 35 (woman married at time of treatment) is amended in accordance
15with this paragraph.

(2) The title: after “married” insert “to a man”.

(3) Subsection (1)(a): after “marriage” insert “with a man”.

35 Section 40 (embryo transferred after death of husband etc who did not
provide sperm), subsection (1)(b): after “marriage” insert “with a man”.

36 (1) 20Section 42 (woman in civil partnership at time of treatment) is amended in
accordance with this paragraph.

(2) The title: after “partnership” insert “or marriage to a woman”.

(3) Subsection (1)—

(a) after “partnership” (in the first place) insert “or a marriage with
25another woman”;

(b) after “partnership” (in the second place) insert “or marriage”.

37 (1) Section 46 (embryo transferred after death of civil partner or intended
female parent) is amended in accordance with this paragraph.

(2) The title: after “civil partner” insert “or wife”.

(3) 30Subsection (1)—

(a) paragraph (b), after “partnership” insert “or marriage with another
woman”;

(b) paragraphs (c), (d) and (e), after “partnership” insert “or marriage”;

(c) the words after paragraph (f), after “partnership” insert “or
35marriage”.

Equality Act 2010 (c. 15)Equality Act 2010 (c. 15)

38 The Equality Act 2010 is amended as follows.

39 (1) Section 23 (comparison by reference to circumstances) is amended in
accordance with this paragraph.

(2) 40Subsection (3): after “married” insert “to a person of the opposite sex”.

(3) After subsection (3) insert—

“(4) If the protected characteristic is sexual orientation, the fact that one
person (whether or not the person referred to as B) is married to a
person of the same sex while another is married to a person of the
5opposite sex is not a material difference between the circumstances
relating to each case.”.

40 Schedule 3 (services and public functions: exceptions): for the title to Part 6
substitute—

“Marriage: gender reassignment”.

41 Schedule 9 (work: exceptions), Part 1 (occupational requirements),
10paragraph 2 (religious requirements relating to sex, marriage etc, sexual
orientation), sub-paragraph (4): after paragraph (c) insert—

“(ca) a requirement not to be married to a person of the same
sex;”.