Marriage (Same Sex Couples) Bill (HL Bill 39)

(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 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) 15on 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) 20regulations 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
25regulations 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—

• 30“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
  35under section 43B to be present at the solemnization of
  marriages in a building registered under section 43A.”.

3 After section 44 insert—

“Registration of shared buildings for marriage of same sex couples

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

(1) 40This 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) The 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) 5Each of the sharing churches is a relevant religious organisation for
the purposes of section 26A(3).

(5) A consent given under section 26A(3) (a “consent to marriages of
same sex couples”) by the relevant governing authority of any of the
sharing churches is therefore sufficient for the registration
10application to be made in compliance with section 26A(3) (and
references to the consent of the relevant governing authority in
section 43A are to be read accordingly).

(6) But the registration application may not be made unless the relevant
governing authorities of each of the sharing churches (other than
15those which have given consents to marriages of same sex couples)
have given a separate written consent to the use of the shared
building for the solemnization of marriages of same sex couples (a
“consent to use”).

(7) The registration application must also be accompanied by—

(a) 20a certificate, given by the applicant and dated not more than
one month before the making of the application, that the
relevant governing authorities mentioned in subsection (6)
have given written consents to use, and

(b) copies of those consents.

(8) 25The superintendent registrar must also send to the Registrar
General—

(a) the certificate, and

(b) the copies of the consents,

which accompany the application in accordance with subsection (7).

(9) 30The Registrar General must not register the shared building unless
and until subsection (8) and the requirements of section 43A have
been complied with.

(10) The Secretary of State may by statutory instrument make regulations
containing such provision supplementing this section as the
35Secretary of State thinks appropriate.

44B Building subject to sharing of Church Buildings Act 1969: cancellation

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

(a) subject to a sharing agreement, or

(b) 40used as mentioned in section 6(4) of the 1969 Act.

(2) The cancellation application must be made in accordance with
section 43C.

(3) But section 43C has effect subject to the following provisions of this
section.

(4) 45The cancellation application may be made either—

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

(b) by the relevant governing authority of any of the sharing
churches.

(5) For that purpose, in relation to a sharing church, “relevant governing
5authority” means the person or persons recognised by the members
of the sharing church as competent for the purpose of making an
application under section 43C in the circumstances to which this
section applies.

(6) In a case where the cancellation application is made by a relevant
10governing authority in accordance with subsection (4)(b)—

(a) the application must be accompanied by a certificate, given
by persons making the application, that they are the relevant
governing authority of one of the sharing churches; and

(b) the superintendent registrar must (in addition to forwarding
15the application in accordance with section 43C(3)) send a
copy of that certificate to the Registrar General.

(7) The Secretary of State may by statutory instrument make regulations
containing such provision supplementing this section as the
Secretary of State thinks appropriate.

44C 20Other shared places of worship: registration and cancellation

(1) The Secretary of State may by statutory instrument make regulations
about—

(a) registration applications relating to other shared places of
worship;

(b) 25cancellation 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) 30The 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) 35which 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) 40used as mentioned in section 6(4) of the 1969 Act.

44D Sections 44A to 44C: supplementary provision

(1) In sections 44A to 44C (and this section)—

• “1969 Act” means the Sharing of Church Buildings Act 1969;

• “cancellation application” means an application under section
  4543C for the cancellation of the registration of a building;

• “registration application” means an application under section
  43A for the registration of a building;

Marriage (Same Sex Couples) BillPage 23

• “sharing agreement” has the meaning given in section 1 of the
  1969 Act;

• “shared building” means a building that is—

  (a)

  subject to a sharing agreement,

  (b)

  5used as mentioned in section 6(4) of the 1969 Act, or

  (c)

  otherwise shared;

• “shared building provisions” means sections 44A to 44C;

• “sharing churches” means—

  (a)

  in the case of a building subject to a sharing
  10agreement, the churches that have made the
  agreement;

  (b)

  in the case of a building used as mentioned in section
  6(4) of the 1969 Act, the churches who so use it;

  (c)

  in the case of any other shared building, the religious
  15organisations (whether Christian or of another faith)
  which share it.

(2) Regulations under any of the shared building provisions may
provide for a registration application relating to a shared building to
be made otherwise than by the proprietor or trustee of the building
20(whether or not the proprietor or trustee retains power to make such
an application).

(3) Regulations under any of the shared building provisions may make
provision about any of these cases—

(a) the case where a building registered under section 43A
25becomes a shared building;

(b) the case where a building registered under section 43A ceases
to be a shared building;

(c) the case where a building is registered under section 43A and
there is a change in the churches which are sharing churches;

30and the provision that may be made about such a case includes
provision for the modification, suspension or cancellation of the
registration under section 43A.

(4) Regulations under any of the shared building provisions may make
provision about the use of shared buildings for the solemnization
35of—

(a) marriages of same sex couples according to the usages of the
Society of Friends (commonly called Quakers), and

(b) marriages of same sex couples professing the Jewish religion
according to the usages of the Jews.

(5) 40The provision that may be made about the use of shared buildings
for the solemnization of such marriages includes—

(a) provision about the giving of consent by the relevant
governing authority for the purposes of a registration
application or cancellation application (including provision
45for identifying the relevant governing authority);

(b) provision corresponding to, or applying, any provision of
section 43B (with or without modifications).

(6) Regulations under any of the shared buildings provisions may
amend any England and Wales legislation.

(7) Subsections (2) to (6) do not limit the power under any of the shared
building provisions to make regulations.

(8) A statutory instrument containing regulations under any of the
shared building provisions may not be made unless a draft of the
5instrument has been laid before, and approved by resolution of, each
House of Parliament.”.

Section 10

SCHEDULE 2 Extra-territorial matters

Part 1 10English & Welsh marriages of same sex couples: treatment in Scotland and
Northern Ireland

Scotland

1 (1) The Secretary of State may, by order, provide that, under the law of
Scotland, a marriage of a same sex couple under the law of England and
15Wales is to be treated as a civil partnership formed under the law of England
and Wales (and that, accordingly, the spouses are to be treated as civil
partners).

(2) The Secretary of State may by order—

(a) provide for the treatment of a marriage as a civil partnership (by
20virtue of an order under sub-paragraph (1)) to have effect subject to
provision made by the order;

(b) specify cases in which a marriage is not to be treated as a civil
partnership by virtue of an order under sub-paragraph (1).

(3) The power conferred by sub-paragraph (1) may only be exercised if
25marriage of same sex couples is not lawful under the law of Scotland.

(4) If marriage of same sex couples becomes lawful under the law of Scotland,
that does not—

(a) affect the validity of any order made under this paragraph; or

(b) prevent the revocation of any such order (with or without
30transitional, transitory or saving provision being made) using the
powers conferred by this paragraph.

Northern Ireland

2 (1) Under the law of Northern Ireland, a marriage of a same sex couple under
the law of England and Wales is to be treated as a civil partnership formed
35under the law of England and Wales (and accordingly, the spouses are to be
treated as civil partners).

(2) The Secretary of State may by order—

(a) provide for the treatment of a marriage as a civil partnership (by
virtue of sub-paragraph (1)) to have effect subject to provision made
40by the order;

(b) specify cases in which a marriage is not to be treated as a civil
partnership by virtue of sub-paragraph (1).

Contrary provision

3 (1) The treatment of a marriage as a civil partnership by virtue of an order under
5paragraph 1(1), or by virtue of paragraph 2, is subject to—

(a) any order made under paragraph 1(2) or 2(2), and

(b) any other contrary provision made by—

(i) the other provisions of this Act,

(ii) any other subordinate legislation made under this Act, and

(iii) 10any new UK legislation,

including any such contrary provision contained in amendments of existing
UK legislation.

(2) In this paragraph—

• “existing UK legislation” means—

  (a)

  15in the case of UK 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 UK legislation that is subordinate legislation,
  legislation made on or before the day on which this Act is
  20passed (excluding legislation made under this Act);

• “new UK legislation” means—

  (a)

  in the case of UK legislation that is primary legislation,
  legislation passed after the end of the Session in which this
  Act is passed, or

  (b)

  25in the case of UK legislation that is subordinate legislation,
  legislation made after the day on which this Act is passed.

Part 2 Marriage treated as civil partnership: dissolution, annulment or separation

Order made in relation to civil partnership: validity in relation to marriage

4 (1) 30This paragraph applies in a case where a marriage of a same sex couple
under the law of England and Wales is—

(a) by virtue of an order under paragraph 1, treated under the law of
Scotland as a civil partnership, or

(b) by virtue of paragraph 2, treated under the law of Northern Ireland
35as a civil partnership.

(2) If—

(a) a final order is made in relation to the deemed civil partnership, and

(b) the validity of that order is recognised throughout the United
Kingdom,

40that order has, throughout the United Kingdom, the same effect in relation
to the actual marriage that it has in relation to the deemed civil partnership.

(3) If—

(a) a separation order is made in relation to the relevant couple as
parties to the deemed civil partnership, and

(b) the validity of that order is recognised throughout the United
Kingdom,

that order has, throughout the United Kingdom, the same effect in relation
to the couple as parties to the actual marriage that it has in relation to them
5as parties to the deemed civil partnership (and has effect in relation to any
other persons accordingly).

(4) In this paragraph—

• “actual marriage” means the marriage of the same sex couple under the
  law of England and Wales;

• 10“deemed civil partnership” means the civil partnership which the
  actual marriage is treated as being;

• “final order” means—

  (a)

  the dissolution or annulment of a civil partnership obtained
  from a court of civil jurisdiction in any part of the United
  15Kingdom;

  (b)

  an overseas dissolution or annulment;

• “relevant couple” means the same sex couple who are parties to the
  actual marriage;

• “separation order” means—

  (a)

  20a legal separation of the parties to a civil partnership obtained
  from a court of civil jurisdiction in any part of the United
  Kingdom;

  (b)

  an overseas legal separation of the parties to a civil
  partnership.

25Part 3 England and Wales: “overseas relationships” in Civil Partnership Act 2004

Marriage not an “overseas relationship” in England and Wales

5 (1) The Civil Partnership Act 2004 is amended as follows.

(2) Section 213 (specified relationships): after subsection (1) insert—

“(1A) 30But, for the purposes of the application of this Act to England and
Wales, marriage is not an overseas relationship.”.

Section 11

SCHEDULE 3 Interpretation of legislation

Part 1 35Existing England and Wales legislation

Interpretation of existing England and Wales legislation

1 (1) In existing England and Wales legislation—

(a) a reference to marriage is to be read as including a reference to
marriage of a same sex couple;

(b) a reference to a married couple is to be read as including a reference
to a married same sex couple; and

(c) a reference to a person who is married is to be read as including a
reference to a person who is married to a person of the same sex.

(2) 5Where sub-paragraph (1) requires a reference to be read in a particular way,
any related reference (such as a reference to a marriage that has ended, or a
reference to a person whose marriage has ended) is to be read accordingly.

(3) For the purposes of sub-paragraphs (1) and (2) it does not matter how a
reference is expressed.

10Interpretation of legislation about couples living together as if married

2 (1) In existing England and Wales legislation—

(a) a reference to persons who are not married but are living together as
a married couple is to be read as including a reference to a same sex
couple who are not married but are living together as a married
15couple;

(b) a reference to a person who is living with another person as if they
were married is to be read as including a reference to a person who
is living with another person of the same sex as if they were married.

(2) Where sub-paragraph (1) requires a reference to be read in a particular way,
20any related reference (such as a reference to persons formerly living together
as a married couple) is to be read accordingly.

(3) For the purposes of sub-paragraphs (1) and (2) it does not matter how a
reference is expressed.

3 (1) This paragraph applies to existing England and Wales legislation which
25deals differently with—

(a) a man and a woman living together as if married, and

(b) two men, or two women, living together as if civil partners.

(2) If two men, or two women, are living together as if married, that legislation
applies to them in the way that it would apply to them if they were living
30together as civil partners.

General

4 This Part of this Schedule does not limit section 11(1) or (2).

Part 2 New England and Wales legislation

5 (1) 35This paragraph applies to provision made by—

(a) this Act and any subordinate legislation made under it, or

(b) new England and Wales legislation,

including any such provision which amends existing England and Wales
legislation.

(2) 40The following expressions have the meanings given—

(a) “husband” includes a man who is married to another man;

(b) “wife” includes a woman who is married to another woman;

(c) “widower” includes a man whose marriage to another man ended
with the other man’s death;

(d) “widow” includes a woman whose marriage to another woman
ended with the other woman’s death;

5and related expressions are to be construed accordingly.

(3) A reference to marriage of same sex couples is a reference to—

(a) marriage between two men, and

(b) marriage between two women.

(4)
A reference to a marriage of a same sex couple is a reference to—

(a) 10a marriage between two men, or

(b) a marriage between two women.

(5) A reference to a same sex couple who are not married but are living together
as a married couple is a reference to—

(a) two men who are not married but are living together as a married
15couple, or

(b) two women who are not married but are living together as a married
couple.

(6) This Part of this Schedule does not limit section 11(1) or (2).

Section 11

SCHEDULE 4 20Effect of extension of marriage: further provision

Part 1 Private legal instruments

Existing instruments

1 (1) Section 11 does not alter the effect of any private legal instrument made
25before that section comes into force.

(2) In this paragraph “private legal instrument” includes—

(a) a will,

(b) an instrument (including a private Act) which settles property,

(c) an instrument (including a private Act) which provides for the use,
30disposal or devolution of property, and

(d) an instrument (including a private Act) which—

(i) establishes a body, or

(ii) regulates the purposes and administration of a body,

(whether the body is incorporated or not and whether it is charitable
35or not);

but (with the exception of the kinds of private Act mentioned above) it does
not include England and Wales legislation.

Part 2 Presumption on birth of child to married woman

Common law presumption

2 (1) Section 11 does not extend the common law presumption that a child born
5to a woman during her marriage is also the child of her husband.

(2) Accordingly, where a child is born to a woman during her marriage to
another woman, that presumption is of no relevance to the question of who
the child’s parents are.

Part 3 10Divorce and annulment of marriage

Divorce

3 (1) Section 1 of the Matrimonial Causes Act 1973 (divorce on breakdown of
marriage) is amended as follows.

(2) After subsection (5) insert—

“(6) 15Only conduct between the respondent and a person of the opposite
sex may constitute adultery for the purposes of this section.”.

Annulment of marriage

4 (1) Section 12 of the Matrimonial Causes Act 1973 (grounds on which a
marriage is voidable) is amended as follows.

(2) 20The existing provision of section 12 becomes subsection (1) of that section.

(3) After that subsection (1) insert—

“(2) Paragraphs (a) and (b) of subsection (1) do not apply to the marriage
of a same sex couple.”.

Part 4 25Matrimonial proceedings

Amendment of the Domicile and Matrimonial Proceedings Act 1973

5 The Domicile and Matrimonial Proceedings Act 1973 is amended as follows.

6 (1) Section 5 (jurisdiction of High Court and county courts) is amended in
accordance with this paragraph.

(2) 30Subsection (1): after “entertain” insert “any of the following proceedings in
relation to a marriage of a man and a woman”.

(3) After subsection (5) insert—

“(5A) Schedule A1 (jurisdiction in relation to marriage of same sex couples)
has effect.”.