Marriage (Same Sex Couples) Bill (HL Bill 34)

Marriage (Same Sex Couples) BillPage 10

(5) If it appears to the Lord Chancellor—

(a) that a reference in this section to the Governing Body has ceased to be
appropriate by reason of a change in the governance arrangements of
the Church in Wales, the reference has effect as a reference to such
5person or persons as the Lord Chancellor thinks appropriate; or

(b) that a reference in this section to a resolution has ceased to be
appropriate for that reason, the reference has effect as a reference to
such decision or decisions as the Lord Chancellor thinks appropriate.

(6) In Schedule 7 to the Constitutional Reform Act 2005 (functions of the Lord
10Chancellor which may not be transferred under the Ministers of the Crown Act
1975), in paragraph 4, at the end of Part A insert—

Section 8.

Other provisions relating to marriages of same sex couples

9 Conversion of civil partnership into marriage

(1) 15The parties to an England and Wales civil partnership may convert their civil
partnership into a marriage under a procedure established by regulations
made by the Registrar General.

(2) The parties to a civil partnership within subsection (3) may convert their civil
partnership into a marriage under a procedure established by regulations
20made by the Secretary of State.

(3) A civil partnership is within this subsection if—

(a) it was formed outside the United Kingdom under an Order in Council
made under Chapter 1 of Part 5 of the Civil Partnership Act 2004
(registration at British consulates etc or by armed forces personnel), and

(b) 25the part of the United Kingdom that was relevant for the purposes of
section 210(2)(b) or (as the case may be) section 211(2)(b) of that Act was
England and Wales.

(4) Regulations under this section may in particular make—

(a) provision about the making by the parties to a civil partnership of an
30application to convert their civil partnership into a marriage;

(b) provision about the information to be provided in support of an
application to convert;

(c) provision about the making of declarations in support of an application
to convert;

(d) 35provision for persons who have made an application to convert to
appear before any person or attend at any place;

(e) in the case of regulations under subsection (1), provision conferring
functions in connection with applications to convert on relevant
officials, relevant armed forces personnel, or any other persons (other
40than the Secretary of State);

(f) in the case of regulations under subsection (2), provision conferring
functions in connection with applications to convert on relevant
officials, relevant armed forces personnel, the Secretary of State, or any
other persons;

Marriage (Same Sex Couples) BillPage 11

(g) provision for fees, of such amounts as are specified in or determined in
accordance with the regulations, to be payable in respect of—

(i) the making of an application to convert;

(ii) the exercise of any function conferred by virtue of paragraph (e)
5or (f).

(5) Functions conferred by virtue of paragraph (e) or (f) of subsection (4) may
include functions relating to—

(a) the recording of information on the conversion of civil partnerships;

(b) the issuing of certified copies of any information recorded;

(c) 10the conducting of services or ceremonies (other than religious services
or ceremonies) following the conversion of a civil partnership.

(6) Regulations under subsection (1) may not be made without the consent of the
Secretary of State.

(7) Where a civil partnership is converted into a marriage under this section—

(a) 15the civil partnership ends on the conversion, and

(b) the resulting marriage is to be treated as having subsisted since the date
the civil partnership was formed.

(8) In this section—

  • “England and Wales civil partnership” means a civil partnership which is
    20formed by two people registering as civil partners of each other in
    England or Wales (see Part 2 of the Civil Partnership Act 2004);

  • “relevant armed forces personnel” means—

    (a)

    a member of Her Majesty’s forces;

    (b)

    a civilian subject to service discipline (within the meaning of the
    25Armed Forces Act 2006);

    and for this purpose “Her Majesty’s forces” has the same meaning as in
    the Armed Forces Act 2006;

  • “relevant official” means—

    (a)

    the Registrar General;

    (b)

    30a superintendent registrar;

    (c)

    a registrar;

    (d)

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

    (e)

    a person authorised by the Secretary of State in respect of the
    35solemnization of marriages or formation of civil partnerships in
    a country or territory in which Her Majesty’s government in the
    United Kingdom has for the time being no consular
    representative.

10 Extra-territorial matters

(1) 40A marriage under—

(a) the law of any part of the United Kingdom (other than England and
Wales), or

(b) the law of any country or territory outside the United Kingdom,

is not prevented from being recognised under the law of England and Wales
45only because it is the marriage of a same sex couple.

Marriage (Same Sex Couples) BillPage 12

(2) For the purposes of this section it is irrelevant whether the law of a particular
part of the United Kingdom, or a particular country or territory outside the
United Kingdom—

(a) already provides for marriage of same sex couples at the time when this
5section comes into force, or

(b) provides for marriage of same sex couples from a later time.

(3) Schedule 2 (extra-territorial matters) has effect.

Effect of extension of marriage

11 Effect of extension of marriage

(1) 10In the law of England and Wales, marriage has the same effect in relation to
same sex couples as it has in relation to opposite sex couples.

(2) The law of England and Wales (including all England and Wales legislation
whenever passed or made) has effect in accordance with subsection (1).

(3) Schedule 3 (interpretation of legislation) has effect.

(4) 15Schedule 4 (effect of extension of marriage: further provision) has effect.

(5) Subsections (1) and (2) and Schedule 3 do not have any effect in relation to—

(a) Measures and Canons of the Church of England (whenever passed or
made),

(b) subordinate legislation (whenever made) made under a Measure or
20Canon of the Church of England, or

(c) other ecclesiastical law (whether or not contained in England and
Wales legislation, and, if contained in England and Wales legislation,
whenever passed or made).

(6) In this section and Schedules 3 and 4—

  • 25“existing England and Wales legislation” means—

    (a)

    in the case of England and Wales legislation that is primary
    legislation, legislation passed before the end of the Session in
    which this Act is passed (excluding this Act), or

    (b)

    in the case of England and Wales legislation that is subordinate
    30legislation, legislation made on or before the day on which this
    Act is passed (excluding legislation made under this Act);

  • “new England and Wales legislation” means—

    (a)

    in the case of England and Wales legislation that is primary
    legislation, legislation passed after the end of the Session in
    35which this Act is passed, or

    (b)

    in the case of England and Wales legislation that is subordinate
    legislation, legislation made after the day on which this Act is
    passed.

Marriage (Same Sex Couples) BillPage 13

Part 2 Other provisions relating to marriage and civil partnership

12 Change of gender of married persons or civil partners

Schedule 5 (change of gender of married persons or civil partners) has effect.

13 5Marriage overseas

(1) Schedule 6 (marriage overseas) has effect.

(2) The Foreign Marriage Act 1892 is repealed.

14 Review of civil partnership

(1) The Secretary of State must arrange—

(a) 10for the operation and future of the Civil Partnership Act 2004 in
England and Wales to be reviewed, and

(b) for a report on the outcome of the review to be produced and
published.

(2) Subsection (1) does not prevent the review from also dealing with other
15matters relating to civil partnership.

(3) The arrangements made by the Secretary of State must provide for the review
to begin as soon as practicable and include a full public consultation.

Part 3 Final provisions

15 20Transitional and consequential provision

(1) The Secretary of State or Lord Chancellor may, by order, make such
transitional, transitory or saving provision as the Secretary of State or Lord
Chancellor considers appropriate in connection with the coming into force of
any provision of this Act.

(2) 25The Secretary of State or Lord Chancellor may, by order, make such provision
as the Secretary of State or Lord Chancellor considers appropriate in
consequence of this Act.

(3) The provision that may be made by an order under subsection (1) or (2)
includes provision amending UK legislation.

(4) 30Schedule 7 (transitional and consequential provision etc) has effect.

16 Orders and regulations

(1) Any power of the Secretary of State, Lord Chancellor or Registrar General to
make an order or regulations under this Act is exercisable by statutory
instrument.

Marriage (Same Sex Couples) BillPage 14

(2) The following subordinate legislation may not be made unless a draft of the
statutory instrument containing the legislation has been laid before, and
approved by resolution of, each House of Parliament—

(a) an order under section 8;

(b) 5an order under section 15(1) or (2) which amends an Act of Parliament;

(c) an order under paragraph 1 of Schedule 2 (except for an order which
contains only provision under paragraph 1(2) of that Schedule).

(3) The following subordinate legislation is subject to annulment in pursuance of
a resolution of either House of Parliament—

(a) 10an order under section 15(1) or (2) (unless it amends an Act of
Parliament);

(b) an order under paragraph 1(2) of Schedule 2 (unless the order also
contains provision made under paragraph 1(1) of that Schedule);

(c) an order under paragraph 2 of Schedule 2;

(d) 15an order under paragraph 27 of Schedule 4.

(4) An order or regulations made under this Act may—

(a) make different provision for different purposes,

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

(c) make consequential provision.

(5) 20Any power of the Secretary of State or Lord Chancellor under this Act to
amend legislation by subordinate legislation includes power to repeal or
revoke legislation (and any reference to the amendment of legislation by such
an order or regulations is to be read accordingly).

(6) The Secretary of State or Lord Chancellor must—

(a) 25obtain the consent of the Scottish Ministers before making any order or
regulations under this Act, except an order under section 19(3),
containing provision which would (if contained in an Act of the
Scottish Parliament) be within the legislative competence of that
Parliament;

(b) 30obtain the consent of the Department of Finance and Personnel before
making any order or regulations under this Act, except an order under
section 19(3), containing provision which would (if contained in an Act
of the Northern Ireland Assembly) be within the legislative competence
of that Assembly.

17 35Interpretation

(1) In this Act, an expression set out in an entry in the first column of this table has
the meaning given in the corresponding entry in the second column.

Expression Meaning
primary legislation —an Act of Parliament
40—an Act of the National Assembly for Wales
—a Measure of the National Assembly for Wales—an Act of the Scottish Parliament—an Act of the Northern Ireland Assembly
—a Measure of the Church of England

Marriage (Same Sex Couples) BillPage 15

Expression Meaning
subordinate legislation —a Canon of the Church of England
—any Order in Council, order, rules, regulations,
schemes, warrants, byelaws and other
5instruments made under primary legislation or
under a Canon of the Church of England
England and Wales
legislation
primary legislation and subordinate legislation
which forms part of the law of England and Wales
(whether or not it also forms part of the law of
10another jurisdiction)
Northern Ireland
legislation
primary legislation and subordinate legislation
which forms part of the law of Northern Ireland
(whether or not it also forms part of the law of
another jurisdiction)
Scottish legislation 15primary legislation and subordinate legislation
which forms part of the law of Scotland (whether
or not it also forms part of the law of another
jurisdiction)
UK legislation —England and Wales legislation—Scottish legislation—Northern Ireland legislation

(2) 20In this Act—

  • “existing England and Wales legislation” has the meaning given in section
    11;

  • “new England and Wales legislation” has the meaning given in section 11;

  • “registrar” means a registrar of births, deaths and marriages;

  • 25“Registrar General” means the Registrar General of England and Wales.

(3) For further interpretation provision relating to this Act, see paragraph 5 of
Schedule 3.

18 Extent

(1) This Act extends to England and Wales.

(2) 30These provisions of this Act also extend to Scotland—

(a) in Part 1, section 10(3) and Schedule 2;

(b) Part 2, except for section 14;

(c) Part 3.

(3) These provisions of this Act also extend to Northern Ireland—

(a) 35in Part 1, section 10(3) and Schedule 2;

(b) Part 2, except for section 14;

(c) Part 3.

(4) Subsections (1) to (3) are subject to subsections (5) and (6).

(5) An amendment or repeal or revocation made by this Act has the same extent
40as the provision amended or repealed or revoked.

Marriage (Same Sex Couples) BillPage 16

(6) But any amendment of the following Acts extends to England and Wales
only—

(a) the Social Security Contributions and Benefits Act 1992;

(b) the Pension Schemes Act 1993;

(c) 5the Human Fertilisation and Embryology Act 2008.

19 Short title and commencement

(1) This Act may be cited as the Marriage (Same Sex Couples) Act 2013.

(2) This section and section 14 come into force on the day on which this Act is
passed.

(3) 10Subject to that, this Act comes into force on such day as the Secretary of State
may by order appoint; and different days may be appointed for different
purposes.

Marriage (Same Sex Couples) BillPage 17

SCHEDULES

Section 4

SCHEDULE 1 Registration of buildings etc

1 Part 3 of the Marriage Act 1949 is amended in accordance with this Schedule.

2 5After section 43 insert—

43A Registration of buildings: marriage of same sex couples

(1) A building that has been certified as required by law as a place of
religious worship may be registered under this section for the
solemnization of marriages of same sex couples.

(2) 10Any application for registration of a building under this section is to
be made—

(a) by a proprietor or trustee of the building;

(b) to the superintendent registrar of the registration district in
which the building is situated.

(3) 15An application for registration of a building under this section must
be accompanied by—

(a) a certificate, given by the applicant and dated not earlier than
one month before the making of the application, that the
persons who are the relevant governing authority in relation
20to the building have given written consent to marriages of
same sex couples as mentioned in section 26A(3),

(b) a copy of that consent, and

(c) if the building is not already registered under section 41, a
certificate of use for religious worship.

(4) 25The superintendent registrar must send to the Registrar General—

(a) the certificate or certificates, and

(b) the copy of the consent,

which accompany an application under this section.

(5) The Registrar General must then register the building.

(6) 30A building may be registered for the solemnization of marriages
under this section whether it is a separate building or forms part of
another building.

(7) In this section, in relation to an application under this section,
“certificate of use for religious worship” means a certificate given by
35at least twenty householders and dated not earlier than one month
before the making of the application, stating that they—

Marriage (Same Sex Couples) BillPage 18

(a) use the building as their usual place of public religious
worship, and

(b) wish the building to be registered under this section.

43B Buildings registered under section 43A: appointment of authorised
5persons

(1) For the purpose of enabling marriages to be solemnized in a building
registered under section 43A without the presence of a registrar, the
trustees or governing body of that building may authorise a person
to be present at the solemnization of marriages in that building.

(2) 10Where a person is so authorised in respect of any building registered
under section 43A, the trustees or governing body of that building
must certify the name and address of the person so authorised to—

(a) the Registrar General, and

(b) the superintendent registrar of the registration district in
15which the building is situated.

(3) 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
before the date of the registration under section 43A, the power may
accordingly be exercised immediately).

(4) 20The relevant one year period is the period of one year beginning with
the date of the registration of the building under section 43A (the
“new registration”).

(5) But if—

(a) there is any earlier registration of the building under section
2541 which is still in force at the date of the new registration, or

(b) there has been any earlier qualifying registration of a
previous 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).

(6) 30For 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
public religious worship,

(b) 35that 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.

(7) A reference in this section to the solemnization of marriage is a
reference to the solemnization of marriage of a same sex couple.

(8) 40Nothing in this section is to be taken to relate or have any reference
to marriages solemnized according to the usages of the Society of
Friends or of persons professing the Jewish religion.

43C Cancellation of registration under section 43A

(1) The registration of a building under section 43A may be cancelled
45under this section.

(2) Any application under this section is to be made—

Marriage (Same Sex Couples) BillPage 19

(a) by a proprietor or trustee of the building;

(b) to the superintendent registrar of the registration district in
which the building is situated.

(3) The superintendent registrar must forward any application under
5this section to the Registrar General; and the Registrar General must
then cancel the registration of the building.

(4) This section is subject (in particular) to sections 44A to 44C
(registration of shared buildings for marriage of same sex couples)
and regulations made under any of those sections.

43D 10Regulations about sections 41 and 43 and 43A to 43C

(1) The Registrar General, with the approval of the Secretary of State,
may by statutory instrument make—

(a) regulations modifying the application of section 41 or 43 in
relation to buildings which are already registered under
15section 43A;

(b) regulations supplementing the provision made by any of
sections 43A, 43B and 43C.

(2) Regulations under subsection (1)(b) may, in particular, make
provision—

(a) 20as to the procedures to be followed by the person making an
application under section 43A or 43C or giving an
authorisation under section 43B;

(b) as to the procedures to be followed by superintendent
registrars or the Registrar General on an application under
25section 43A or 43C or on the certification of an authorisation
under section 43B;

(c) 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
30same time (including provision modifying any requirement
imposed by any of those sections);

(d) as to the payment of fees..

3 After section 44 insert—

Registration of shared buildings for marriage of same sex couples

44A 35Building subject to Sharing of Church Buildings Act 1969: registration

(1) This section applies to a registration application relating to a
building that is—

(a) subject to a sharing agreement, or

(b) used as mentioned in section 6(4) of the 1969 Act.

(2) 40The registration application must be made in accordance with
section 43A (as read with section 26A(3)).

(3) But those provisions have effect subject to the following provisions
of this section.

(4) Each of the sharing churches is a relevant religious organisation for
45the purposes of section 26A(3).