be changed to allow for the marriage of same sex couples according to the rites
of the Church in Wales.

(2) The Lord Chancellor must, by order, make such provision as the Lord
Chancellor considers appropriate to allow for the marriage of same sex couples
5according to the rites of the Church in Wales.

(3) The provision that may be made by an order under this section includes
provision amending England and Wales legislation.

(4) In making an order under this section, the Lord Chancellor must have regard
to the terms of the resolution of the Governing Body mentioned in subsection
10(1).

(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
15person 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
20Chancellor 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) 25The 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 Secretary of State.

(2) The parties to a civil partnership within subsection (3) may convert their civil
partnership into a marriage under a procedure established by regulations
30made 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) 35the 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
40application 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) provision for persons who have made an application to convert to
appear before any person or attend at any place;

(e) 5provision conferring functions in connection with applications to
convert on relevant officials, relevant armed forces personnel, the
Secretary of State, or any other persons;

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

(i) 10the making of an application to convert;

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

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

(a) 15the recording of information on the conversion of civil partnerships;

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

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

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

(a) 20the 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.

(7) In this section—

• “England and Wales civil partnership” means a civil partnership which is
  25formed 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
  30Armed 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)

  35a 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
  40solemnization 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) 45A 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
only because it is the marriage of a same sex couple.

(2) For the purposes of this section it is irrelevant whether the law of a particular
5part 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
section comes into force, or

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

(3) 10Schedule 2 (extra-territorial matters) has effect.

Effect of extension of marriage

11 Effect of extension of marriage

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

(5) For provision about limitations on the effects of subsections (1) and (2) and
20Schedule 3, see Part 7 of Schedule 4.

(6) 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
25Canon 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).

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

• 30“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
  35legislation, 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
  40which 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.

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 Marriage according to the usages of belief organisations

(1) The Secretary of State must arrange for a review of—

(a) 10whether an order under subsection (4) should be made permitting
marriages according to the usages of belief organisations to be
solemnized on the authority of certificates of a superintendent
registrar, and

(b) if so, what provision should be included in the order.

(2) 15The arrangements made by the Secretary of State under subsection (1) must
provide for the review to include a full public consultation.

(3) The Secretary of State must arrange for a report on the outcome of the review
to be produced and published before 1 January 2015.

(4) The Secretary of State may by order make provision for and in connection with
20permitting marriages according to the usages of belief organisations to be
solemnized on the authority of certificates of a superintendent registrar.

(5) An order under subsection (4) may—

(a) amend any England and Wales legislation;

(b) make provision for the charging of fees.

(6) 25An order under subsection (4) must provide that no religious service may be
used at a marriage which is solemnized in pursuance of the order.

(7) In this section “belief organisation” means an organisation whose principal or
sole purpose is the advancement of a system of non-religious beliefs which
relate to morality or ethics.

15 30Review of civil partnership

(1) The Secretary of State must arrange—

(a) for 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
35published.

(2) Subsection (1) does not prevent the review from also dealing with other
matters 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

16 5Transitional 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) 10The 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) 15Schedule 7 (transitional and consequential provision etc) has effect.

17 Orders and regulations

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

(2) The following subordinate legislation may not be made by the Secretary of
20State or Lord Chancellor 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) the first regulations under section 9(1);

(c) 25the first regulations under section 9(2);

(d) an order under section 14;

(e) an order under section 16(1) or (2) which amends an Act of Parliament;

(f) an order under paragraph 1 of Schedule 2;

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

(h) 30an order under paragraph 27 of Schedule 4;

(i) an order under paragraph 9(8) of Schedule 6.

(3) The following subordinate legislation made by the Secretary of State or Lord
Chancellor is subject to annulment in pursuance of a resolution of either House
of Parliament—

(a) 35regulations under section 9(1) (except for the first such regulations);

(b) regulations under section 9(2) (except for the first such regulations);

(c) an order under section 16(1) or (2) (unless it amends an Act of
Parliament).

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

(a) 40make different provision for different purposes,

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

(c) make consequential provision.

(5) The provision that the Secretary of State may make in any relevant instrument
includes provision enabling the Registrar General to make regulations by
statutory instrument (with or without the consent of a minister of the Crown).

(6) But the Secretary of State—

(a) 5may not make enabling provision which gives the Registrar General
power to require a fee to be paid or power to set the amount of a fee;
and

(b) may not make other enabling provision unless the Secretary of State is
satisfied that the provision is necessary in connection with
10administrative matters relating to functions of the Registrar General or
functions of superintendent registrars or registrars.

(7) Regulations made by the Registrar General under any enabling provision are
subject to annulment in pursuance of a resolution of either House of
Parliament.

(8) 15But that is subject to any provision in a relevant instrument about the kind of
Parliamentary scrutiny, if any, to which the regulations are to be subject.

(9) In subsections (5) to (8)—

• “enabling provision” means provision made under subsection (5)
  enabling the Registrar General to make regulations;

• 20“relevant instrument” means—

  (a)

  regulations under section 9(1) or (2), or

  (b)

  an order under section 14(4).

(10) Any power of the Secretary of State or Lord Chancellor under this Act to
amend legislation by subordinate legislation includes power to repeal or
25revoke legislation (and any reference to the amendment of legislation by such
an order or regulations is to be read accordingly).

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

(a) obtain the consent of the Scottish Ministers before making any order or
regulations under this Act, except an order under section 20(3),
30containing provision which would (if contained in an Act of the
Scottish Parliament) be within the legislative competence of that
Parliament;

(b) obtain the consent of the Department of Finance and Personnel before
making any order or regulations under this Act, except an order under
35section 20(3), containing provision which would (if contained in an Act
of the Northern Ireland Assembly) be within the legislative competence
of that Assembly.

18 Interpretation

(1) In this Act, an expression set out in an entry in the first column of this table has
40the meaning given in the corresponding entry in the second column.

(2) In this Act—

• 25“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;

• “Registrar General” means the Registrar General of England and Wales;

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

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

19 Extent

(1) 35This Act extends to England and Wales.

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

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

(b) Part 2, except for sections 14 and 15;

(c) Part 3.

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

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

(b) Part 2, except for sections 14 and 15 and paragraphs 4, 5, 10 and 11 of
Schedule 6;

(c) 5Part 3.

(4) Subsections (1) to (3) do not apply to an amendment or repeal or revocation
made by this Act.

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

(6) 10Subsection (5) is subject to subsections (7) to (9).

(7) 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) the Human Fertilisation and Embryology Act 2008.

(8) 15The repeal of the Foreign Marriage Act 1892 made by section 13(2) does not
extend to Northern Ireland.

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

20 Short title and commencement

(1) 20This Act may be cited as the Marriage (Same Sex Couples) Act 2013.

(2) This section and section 15 come into force on the day on which this Act is
passed.

(3) Subject 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
25purposes.

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—

(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—