Marriage (Same Sex Couples) Bill

Page 1, line 5, at end insert “and shall be referred to as “marriage (same sex
couples)”.

“( )   Marriage between opposite sex couples shall be referred to as “marriage
(opposite sex couples)”.”

Page 1, line 6, leave out “The marriage of a same sex couple” and insert “A
marriage (same sex couple)”

Insert the following new Clause—

“Regulations

(1)   The Secretary of State may by regulations make provision for the Registrar
General to approve and permit organisations that are registered charities
principally concerned with advancing or practising a non-religious belief
to solemnise marriages according to their usages on the authority of a
superintendent registrar’s certificate, and for related purposes.

(2)   The regulations may, in particular—

(a)   define minimum requirements any such organisation must meet
before it may be considered for such approval;

(b)   define the procedures for the appointment of registering officers by
such organisations, for the issue and custody of marriage register
books, for the solemnisation and registering of marriages, and for
related matters, and in these matters the regulations shall follow
where convenient the several precedents to be found in the
Marriage Act 1949;

(c)   create criminal offences of a kind similar to, and with the same
maximum penalties as, offences under Part IV of the Marriage Act
1949;

(d)   include incidental or consequential provisions (which may include
provisions amending an enactment);

(e)   include transitional provision.

(3)   The regulations under (2)(a) must include provisions concerning whether
an organisation—

(a)   is a registered charity principally concerned with advancing or
practising a non-religious belief;

(b)   has been in continuous existence for at least 10 years;

(c)   has been performing celebrations of marriage and other ceremonies
for its members for at least five years, such ceremonies being rooted
in its belief system;

(d)   has in place written procedures for the selection, training and
accreditation of persons to conduct solemnisations of marriages;
and

(e)   appears to the Registrar General to be of good repute.

(4)   The regulations shall extend to England and Wales.

(5)   The regulations—

(a)   shall be made by statutory instrument, and

(b)   may not be made unless a draft has been laid before and approved
by resolution of each House of Parliament.

(6)   The Secretary of State must lay these regulations before Parliament within
six months of this Act coming into force.”

Page 2, line 10, after “compelled” insert “by any means (including by the
enforcement of a contract or a statutory or other legal requirement)”

Page 2, line 13, after “compelled” insert “by any means (including by the
enforcement of a contract or a statutory or other legal requirement)”

Page 3, line 26, leave out “of a same sex couple” and insert “(same sex couple)”

Page 3, line 42, leave out “of same sex couple” and insert “(same sex couple)”

Page 4, line 7, leave out “the marriage of a same sex couple” and insert “a marriage
(same sex couple)”

Page 4, line 22, leave out “the marriage of a same sex couple” and insert “a marriage
(same sex couple)”

Page 5, line 13, leave out “of a same sex couple” and insert “(same sex couple)”

Page 4, line 29, leave from “” to “” and insert “”

Page 4, line 33, leave out “of a man and a woman” and insert “(opposite sex
couple)”

Page 4, line 39, leave out “of a man and a woman” and insert “(opposite sex
couple)”

Page 5, line 1, leave out “between a man and a woman” and insert “(opposite sex
couple)”

Page 5, line 4, leave out “of a man and a woman” and insert “(opposite sex couple)”

Page 5, line 8, leave out “of a man and a woman” and insert “(opposite sex couple)”

Page 5, line 20, leave out “of same sex couples” and insert “(same sex couples)”

Page 5, line 21, leave out “of a same sex couple” and insert “(same sex couple)”

Page 5, line 40, leave out “of same sex couples” and insert “(same sex couples)”

Page 17, line 6, leave out “” and insert “”

Page 18, line 39, leave out “marriage of a same sex couple” and insert “a marriage
(same sex couple)”

Page 19, line 8, leave out “marriage of same sex couples” and insert “marriages
(same sex couples)”

Page 19, 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;

(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.”

Page 19, line 34, leave out “” and insert “”

Page 21, line 14, leave out from “” to end of line 24 and insert “

(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.”

Page 6, line 3, leave out “” and insert “”

Page 8, line 11, leave out “the marriage of same sex couples” and insert “marriages
(same sex couples)”

Page 8, line 16, leave out “the marriage of same sex couples” and insert “marriages
(same sex couples)”

Page 9, line 17, leave out “of a same sex couple” and insert “(same sex couple)”

Page 9, line 33, leave out “of same sex couples” and insert “(same sex couples)”

Page 9, line 36, leave out “the marriage of same sex couples” and insert “marriages
(same sex couples)”

Page 11, line 45, leave out “the marriage of a same sex couple” and insert “a
marriage (same sex couple)”

Page 12, line 4, leave out “of same sex couples” and insert “(same sex couples)”

Page 12, line 6, leave out “marriage of same sex couples” and insert “marriages
(same sex couples)”

Page 10, line 18, leave out “Registrar General” and insert “Secretary of State”

Page 10, line 38, leave out from beginning to “provision” in line 42

Page 11, line 4, leave out “(e) or”

Page 11, line 6, leave out “(e) or”

Page 11, line 12, leave out subsection (6)

Page 23, line 8, leave out “of a same sex couple” and insert “(same sex couple)”

Page 23, line 19, leave out “marriage of same sex couples” and insert “marriages
(same sex couples)”

Page 23, line 20, leave out “marriage of same sex couples” and insert “marriages
(same sex couples)”

Page 23, line 27, leave out “of a same sex couple” and insert “(same sex couple)”

Page 24, line 22, leave out “of a same sex couple” and insert “(same sex couple)”

Page 24, line 44, leave out “the marriage of the same sex couple” and insert
“marriages (same sex couples)”

Page 12, line 10, leave out from “marriage” to end of line 11 and insert “(same sex
couples) has the same effect as marriage (opposite sex couples)”

Page 25, line 30, leave out “marriage of a same sex couple” and insert “marriages
(same sex couples)”

Page 26, line 39, leave out “marriage of same sex couples” and insert “marriages
(same sex couples)”

Page 26, line 42, leave out “marriage of a same sex couple” and insert “marriage
(same sex couple)”

Page 28, line 14, leave out “the marriage of a same sex couple” and insert “a
marriage (same sex couple)”

Page 28, line 23, leave out “of a man and a woman” and insert “(opposite sex
couple)”

Page 28, line 25, leave out “of same sex couples” and insert “(same sex couples)”

Page 28, line 28, leave out from first “of” to end of line 29 and insert “a marriage
(opposite sex couple) or a marriage (same sex couple)”

Page 29, line 3, leave out “OF SAME SEX COUPLES” and insert “(SAME SEX
COUPLES)”

Page 29, line 7, leave out “of a same sex couple” and insert “(same sex couple)”

Page 31, line 43, leave out from first “marriage” to end of line and insert “(opposite
sex couple) or a marriage (same sex couple)”

Page 34, line 18, leave out “of a same sex couple” and insert “(same sex couple)”

Page 40, line 10, after “with” insert “this Part of”

Page 46, 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—

“3A Alternative grounds for granting applications

(1)   This section applies to an application under section 1(1)(a) which
states that it is an application for a certificate to be granted in
accordance with this section.

(2)   The Panel must grant the application if satisfied that the
applicant complies with the requirements imposed by and under
section 3B and meets the conditions in subsections (3) to (6).

(3)   The first condition is that the applicant was a party to a protected
marriage or a protected civil partnership on or before the date the
application was made.

(4)   The second condition is that the applicant—

(a)   was living in the acquired gender six years before the
commencement of section 12 of the Marriage (Same Sex
Couples) Act 2013,

(b)   continued to live in the acquired gender until the date the
application was made, and

(c)   intends to continue to live in the acquired gender until
death.

(5)   The third condition is that the applicant—

(a)   has or has had gender dysphoria, or

(b)   has undergone surgical treatment for the purpose of
modifying sexual characteristics.

(6)   The fourth condition is that the applicant is ordinarily resident in
England, Wales or Scotland.

(7)   The Panel must reject the application if not required by
subsection (2) to grant it.”

Evidence for granting applications on alternative grounds

18 Section 3 (evidence): after subsection (8) insert—

“(9)   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.”

19 After section 3A (inserted by paragraph 17) insert—

“3B Evidence for granting applications on alternative grounds

(1)   This section applies 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.

(2)   The application must include either—

(a)   a report made by a registered medical practitioner, or

(b)   a report made by a registered psychologist practising in
the field of gender dysphoria.

(3)   If the application is based on the applicant having or having had
gender dysphoria—

(a)   the reference in subsection (2) to a registered medical
practitioner is to one practising in the field of gender
dysphoria, and

(b)   that subsection is not complied with unless the report
includes details of the diagnosis of the applicant’s gender
dysphoria.

(4)   Subsection (2) is not complied with in a case where—

(a)   the applicant has undergone or is undergoing treatment
for the purpose of modifying sexual characteristics, or

(b)   treatment for that purpose has been prescribed or
planned for the applicant,

unless the report required by that subsection includes details of
it.

(5)   The application must also include a statutory declaration by the
applicant that the applicant meets the conditions in section 3A(3)
and (4).

(6)   The application must include—

(a)   a statutory declaration as to whether or not the applicant
is married or a civil partner,

(b)   any other information or evidence required by an order
made by the Secretary of State, and

(c)   any other information or evidence which the Panel which
is to determine the application may require,

and may include any other information or evidence which the
applicant wishes to include.

(7)   If the applicant is married, the application must include a
statutory declaration as to whether the marriage is a marriage
under the law of England and Wales, of Scotland, of Northern
Ireland, or of a country or territory outside the United Kingdom.

(8)   If the applicant is married, and the marriage is a protected
marriage, the application must also include—

(a)   a statutory declaration of consent by the applicant’s
spouse (if the spouse has made such a declaration), or

(b)   a statutory declaration by the applicant that the
applicant’s spouse has not made a statutory declaration
of consent (if that is the case).

(9)   If the application includes a statutory declaration of consent by
the applicant’s spouse, the Panel must give the spouse notice that
the application has been made.

(10)   If the Panel which is to determine the application requires
information or evidence under subsection (6)(c) it must give
reasons for doing so.”.

Membership of Panels determining applications on alternative grounds

20 Schedule 1 (Gender Recognition Panels), paragraph 4: after sub-
paragraph (2) insert—

“(3)   But a Panel need not include a medical member when
determining an application under section 1(1)(a) for a
certificate to be granted in accordance with section 3A.”.”

Page 48, line 33, leave out sub-paragraph (2) and insert—

“(2)   An Order in Council may, in particular, make provision—

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

(b)   permitting the solemnization of such marriages according to
particular religious rites or usages.

“(2A)    Sub-paragraph (2)(b) is subject to sub-paragraphs (2B) and (2C).

(2B)   An Order in Council may not make provision allowing the
solemnization of forces marriages of same sex couples according to the
rites of the Church of England or Church in Wales.

(2C)   If an Order in Council makes provision allowing the solemnization of
forces marriages of same sex couples according to particular religious
rites or usages (other than those of the Church of England or Church in
Wales), the Order in Council must also make provision to secure that
such a marriage may not be solemnized according to those rites or
usages unless the relevant governing authority has given written
consent to marriages of same sex couples.

(2D)   The person or persons who are the relevant governing body for that
purpose are to be determined in accordance with provision made by an
Order in Council under this Part of this Schedule.”

Page 48, line 41, at end insert—

“(4)   If section 8 applies, the Lord Chancellor may, by order, make such
relevant amending provision as the Lord Chancellor considers
appropriate to allow for the solemnization of forces marriages of same
sex couples according to the rites of the Church in Wales.

(5)   For that purpose “relevant amending provision” means—

(a)   provision amending sub-paragraphs (2B) and (2C) by omitting
the words “or Church in Wales”;

(b)   provision amending any Order in Council made under this Part
of this Schedule;

(c)   provision amending any other UK legislation (including
legislation contained in this Part of this Schedule).

(6)   In making an order under sub-paragraph (4), the Lord Chancellor must
have regard to the terms of the resolution of the Governing Body of the
Church in Wales referred to in section 8(1).”

Page 50, line 8, leave out sub-paragraph (3)

Page 13, line 13, at end insert—

“(1A)    The review under subsection (1) must deal with the case for amending the
criteria in the Civil Partnership Act 2004 which define the eligibility of
people to register as civil partners.

(1B)   The review must in particular consider—

(a)   the case for extending such eligibility to—

(i)   unpaid carers and those they care for, and

(ii)   family members who share a house,

provided that they have cohabitated for 5 years or more and are over the
age of eighteen, and

(b)   the case for creating a new legal status that would confer all the
benefits of civil partnerships upon those mentioned in
paragraph (a) without amending the criteria for eligibility for civil
partnership.”

Page 52, line 5, leave out “of same sex couples” and insert “(same sex couples)”

Page 52, line 27, leave out “” and insert “”

Page 52, line 30, leave out “of a man and woman” and insert “(opposite sex
couple)”

Page 53, line 28, leave out from first “marriage” to end of line 29 and insert
“(opposite sex couple)), or section 43B (in the case of the marriage (same sex
couple))”

Page 53, line 38, leave out “the marriage of a man and a woman” and insert “a
marriage (opposite sex couple)”

Page 53, line 40, leave out “the marriage of a same sex couple” and insert “a
marriage (same sex couple)”

Page 54, line 2, leave out “of a same sex couple” and insert “(same sex couple)”

Page 54, line 5, leave out “of a same sex couple” and insert “(same sex couple)”

Page 54, line 34, leave out “of a same sex couple” and insert “(same sex couple)”

Page 55, line 32, at end insert—

“(ab)   after the definition of “ecclesiastical district” insert—

““England and Wales legislation” has the same
meaning as in the Marriage (Same Sex Couples)
Act 2013;”.”

Page 13, line 32, leave out “or Registrar General”

Page 14, line 1, after “made” insert “by the Secretary of State or Lord Chancellor”

Page 14, line 4, at end insert—

“(aa)   the first regulations under section 9(1);

(ab)   the first regulations under section 9(2);”

Page 14, line 6, leave out from “2” to end of line 7

Page 14, line 7, at end insert—

“(d)   an order under paragraph 2 of Schedule 2;

(e)   an order under paragraph 27 of Schedule 4.”

Page 14, line 7, at end insert—

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

Page 14, line 8, after “legislation” insert “made by the Secretary of State or Lord
Chancellor”

Page 14, line 9, 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);”

Page 14, line 12, leave out paragraphs (b) to (d)

Page 14, line 19, at end insert—

“(4A)    The provision that may be made by the Secretary of State or Lord
Chancellor in any order or regulations under this Act 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 or Lord Chancellor may not make such provision
unless that minister 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 power conferred by
an enabling instrument are subject to annulment in pursuance of a
resolution of either House of Parliament.

(4D)   But that is subject to any provision in the enabling instrument about the
kind of Parliamentary scrutiny, if any, to which the regulations are to be
subject.

(4E)   In subsections (4C) and (4D) “enabling instrument” means an order or
regulations made under this Act by the Secretary of State or Lord
Chancellor containing provision of the kind mentioned in subsection (4A).”

Page 15, line 27, at end insert—

““superintendent registrar” means a superintendent registrar of
births, deaths and marriages.”

Page 15, line 38, at end insert “and paragraphs 4, 5, 10 and 11 of Schedule 6”

Page 15, line 40, leave out from “(3)” to end and insert “do not apply to an
amendment or repeal or revocation made by this Act”

Page 15, line 42, at end insert—

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

Page 16, line 1, leave out “But”

Page 16, line 5, at end insert—

“(7)   The repeal of the Foreign Marriage Act 1892 made by section 13(2) does not
extend to Northern Ireland.”

Page 16, line 5, at end insert—

“(8)   Any amendment made by Part 2 of Schedule 5 does not extend to Northern
Ireland.”