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

Section 13

SCHEDULE 6 Marriage overseas

Part 1 Consular marriage under UK law

5Provision for consular marriage

1 (1) Her Majesty may by Order in Council make provision for two people to
marry each other—

(a) in prescribed countries or territories outside the United Kingdom,
and

(b) 10in the presence of a registration officer,

in cases where the officer is satisfied that the conditions in sub-paragraph (2)
are met.

(2) The conditions are that—

(a) at least one of the people proposing to marry is a United Kingdom
15national,

(b) the people proposing to marry would have been eligible to marry
each other in such part of the United Kingdom as is determined in
accordance with the Order,

(c) the authorities of the country or territory in which it is proposed that
20they marry will not object to the marriage, and

(d) insufficient facilities exist for them to enter into a marriage under the
law of that country or territory.

Refusal by registration officer

2 (1) A registration officer is not required to allow two people to marry each other
25if the registration officer’s opinion is that a marriage between them would
be inconsistent with international law or the comity of nations.

(2) An Order in Council under this Part of this Schedule may make provision
for appeals against a refusal, in reliance on sub-paragraph (1), to allow two
people to marry each other.

30No religious service

3 No religious service is to be used at the solemnization of a consular
marriage.

Treatment of marriage as taking place in part of UK for certain purposes

4 An Order in Council under this Part of this Schedule may provide that two
35people who marry in a consular marriage are to be treated for prescribed
purposes as if they had married in the relevant part of the United Kingdom.

Validity of consular marriage

5 A consular marriage is valid in law as if the marriage had been solemnized
in the relevant part of the United Kingdom with a due observance of all
40forms required by the law of the relevant part of the United Kingdom.

Interpretation

6 In this Part of this Schedule—

• “consular marriage” means a marriage solemnized in accordance with
  the provisions of this Part of this Schedule and any Order in Council
  5made under it;

• “registration officer” means—

  (a)

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

  (b)

  in the case of registration in a country or territory in which
  10Her Majesty’s government in the United Kingdom has for the
  time being no consular representative, a person authorised
  by the Secretary of State in respect of the solemnization of
  marriages in that country or territory;

• “relevant part of the United Kingdom”, in relation to a consular
  15marriage, means the part of the United Kingdom determined in
  accordance with paragraph 1(2)(b) for the purposes of the marriage.

Part 2 Marriage under foreign law: certificates of no impediment

Provision for certificates of no impediment

7 (1) 20Her Majesty may by Order in Council make provision for the issue of
certificates of no impediment to—

(a) United Kingdom nationals, and

(b) such other persons as may be prescribed,

who wish to marry in prescribed countries or territories outside the United
25Kingdom.

(2) A certificate of no impediment is a certificate that no legal impediment to the
recipient entering into the marriage has been shown to the person issuing
the certificate to exist.

Part 3 30Marriage of forces personnel under UK law

Provision for marriage of armed forces personnel

8 (1) Her Majesty may by Order in Council make provision for—

(a) a man and a woman to marry each other in any country or territory
outside the United Kingdom, and

(b) 35for a same sex couple to marry in prescribed countries or territories
outside the United Kingdom,

in the presence of an authorised person, in cases where the authorised
person is satisfied that the conditions in sub-paragraph (2) are met.

(2) The conditions are that—

(a) 40at least one of the people proposing to marry is—

(i) a member of Her Majesty’s forces serving in the country or
territory in which it is proposed that they marry,

(ii) a relevant civilian who is employed in that country or
territory, or

(iii) a child of a person falling within sub-paragraph (i) or (ii)
whose home is with that person in that country or territory,
5and

(b) the people proposing to marry would have been eligible to marry
each other in such part of the United Kingdom as is determined in
accordance with the Order.

(3) In a case where one person (“P”) treats, or has treated, another person (“C”),
10as a child of the family in relation to—

(a) a marriage to which P is or was a party, or

(b) a civil partnership to which P is or was a party,

C is to be regarded for the purposes of sub-paragraph (2)(a)(iii) as the child
of P.

15Religious services at forces marriages of same sex couples

9 (1) An Order in Council under this Part of this Schedule may make provision
about the solemnization of forces marriages of same sex couples according
to religious rites and usages.

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

(a) 20prohibiting 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.

(3) Sub-paragraph (2)(b) is subject to sub-paragraphs (4) and (5).

(4) 25An 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.

(5) If an Order in Council makes provision allowing the solemnization of forces
marriages of same sex couples according to particular religious rites or
30usages (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.

(6) 35The 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.

(7) This paragraph does not affect the provision that may be made about the
solemnization of forces marriages of opposite sex couples according to
40religious rites and usages.

(8) 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.

(9) 45For that purpose “relevant amending provision” means—

(a) provision amending sub-paragraphs (4) and (5) by omitting the
words “or Church in Wales”;

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

(c) 5provision amending any other UK legislation (including legislation
contained in this Part of this Schedule).

(10) In making an order under sub-paragraph (8), 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).

10Treatment of marriage as taking place in part of UK for certain purposes

10 An Order in Council under this Part of this Schedule may provide that two
people who marry in a forces marriage are to be treated for prescribed
purposes as if they had married in the relevant part of the United Kingdom.

Validity of forces marriage

11 15A forces marriage is valid in law as if the marriage had been solemnized in
the relevant part of the United Kingdom with a due observance of all forms
required by the law of the relevant part of the United Kingdom.

Interpretation

12 (1) In this Part of this Schedule—

(a) 20a reference to a country or territory includes a reference to the waters
of a country or territory;

(b) a reference to Her Majesty’s forces serving in a country or territory
includes a reference to such forces serving in a ship in the waters of
a country or territory;

(c) 25a reference to a relevant civilian employed in a country or territory
includes a reference to such a civilian employed in a ship in the
waters of a country or territory.

(2) In this Part of this Schedule—

• “authorised person”, in relation to a marriage in a country or territory
  30outside the United Kingdom, means—

  (a)

  a chaplain serving in any of Her Majesty’s forces in that
  country or territory, or

  (b)

  a person authorised by the commanding officer of any of Her
  Majesty’s forces in that country or territory to conduct that
  35marriage or marriages generally;

• “commanding officer” has the same meaning as in the Armed Forces
  Act 2006;

• “forces marriage” means a marriage solemnized in accordance with the
  provisions of this Part of this Schedule and any Order in Council
  40made under it;

• “Her Majesty’s forces” has the same meaning as in the Armed Forces
  Act 2006;

• “relevant civilian” means a civilian subject to service discipline (within
  the meaning of the Armed Forces Act 2006) who is of a prescribed
  45description;

Marriage (Same Sex Couples) BillPage 54

• “relevant part of the United Kingdom”, in relation to a forces marriage,
  means the part of the United Kingdom determined in accordance
  with paragraph 8(2)(b) for the purposes of the marriage.

Part 4 5General provisions

Parliamentary scrutiny

13 (1) No recommendation is to be made to Her Majesty in Council to make an
Order in Council under this Schedule unless a draft of the statutory
instrument containing the Order in Council has been laid before, and
10approved by a resolution of, each House of Parliament.

(2) In the case of an Order in Council containing provision which would (if
contained in an Act of the Scottish Parliament) be within the legislative
competence of that Parliament, no recommendation is to be made to Her
Majesty under this paragraph unless the Scottish Ministers have been
15consulted.

Particular kinds of provision

14 (1) An Order in Council under this Schedule may—

(a) make different provision for different purposes,

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

(c) 20make consequential provision.

(2) An Order in Council under this Schedule may make provision
corresponding to, or applying (with or without modifications), any UK
legislation.

(3) An Order in Council under this Schedule may amend, repeal or revoke UK
25legislation.

Interpretation

15 In this Schedule—

• “prescribed” means prescribed by an Order in Council made under this
  Schedule;

• 30“United Kingdom national” means a person who is—

  (a)

  a British citizen, a British overseas territories citizen, a British
  Overseas citizen or a British National (Overseas),

  (b)

  a British subject under the British Nationality Act 1981, or

  (c)

  a British protected person, within the meaning of that Act.

Section 16

SCHEDULE 7 Transitional and consequential provision etc

Part 1 Transitional and transitory provision

5Approval of premises for civil weddings

1 (1) The approved premises regulations, and any related guidance, that are in
force immediately before commencement have effect after commencement
in relation to marriage in pursuance of section 26(1)(bb) of the Marriage Act
1949 as amended by this Act.

(2) 10Any approval of premises under those regulations that is in force
immediately before commencement has effect after commencement in
relation 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
15regulations before commencement continues to have effect after
commencement as an application for the approval of the premises for the
purposes of marriage in pursuance of section 26(1)(bb) of the Marriage Act
1949 as amended by this Act.

(4) In this paragraph—

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

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

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

25Part 2 Minor and consequential amendments

Marriage 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”
30insert “or a surviving civil partner”.

4 (1) Section 25 (void marriages) is amended as follows.

(2) At the beginning insert—

“(1) A marriage shall be void in any of the following cases.”.

(3) The existing wording of section 25 becomes subsection (2) of that section;
35and, at the beginning of that subsection, for “If any persons” substitute—

“(2) Case A is where any persons”.

(4) For the words after paragraph (d) substitute—

“(3) Case B is where any persons knowingly and wilfully consent to or
acquiesce in the solemnization of a Church of England marriage
between them by a person who is not in Holy Orders.

(4) 5Case C is where any persons of the same sex consent to or acquiesce
in the solemnization of a Church of England marriage between them.

(5) In subsections (3) and (4) “Church of England marriage” means a
marriage according to the rites of the Church of England.”.

5 Section 27A (additional information required in certain cases), subsection
10(1): after “section 26(1)(dd)” insert “or 26B(6)”.

6 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
15solemnized 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
20to 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.”.

7 (1) 25Section 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
30may require the relevant governing authority to produce evidence
relating 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)”.

8 (1) 35Section 41 (registration of buildings) is amended in accordance with this
paragraph.

(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
40reference to the solemnization of marriage of a man and a woman.”.

9 (1) Section 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
under section 41”.

10 (1) 5Section 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) Subsection (1): for “registered building” (in each place) substitute “building
10registered 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
before the date of the registration under section 41, the power may
15accordingly 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) But if—

(a) 20there 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
previous building,

25the 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
30made previously used another building for the purpose of
public 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) 35Omit subsection (2).

11 Section 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),”.

12 40Section 45A (solemnization of certain marriages), subsection (1): after
“section 26(1)(dd)” insert “or 26B(6)”.

13 (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
45registrar” substitute “relevant marriage”.

(3) After 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) 5the marriage of a same sex couple solemnized in the presence
of 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) 10This section does not authorise the marriage service of the Church of
England 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
15unless the relevant governing authority has given written consent to
the reading or celebration of that service in the case of such
marriages.

(1D) For that purpose—

• “relevant governing authority” means the person or persons
  20recognised by the members of the relevant religious
  organisation 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
  25celebrated.”.

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

(a) paragraph (d): omit “or”;

(b) after paragraph (d) insert—

“(da) 30that, in the case of a marriage under section 26B(2), (4)
or (6), the relevant governing authority had given
consent as mentioned in section 26B(2)(b), (4)(b) or
(6)(d);”;

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

(ea) 35that, in the case of a marriage under section 26A, the
relevant governing authority had given consent as
mentioned in section 26A(3);”.

15 After section 49 insert—

“49A Void marriages: additional provision about same sex couples

(1) 40If a same sex couple knowingly and wilfully intermarries under the
provisions of this Part of this Act in the absence of the required
consent, the marriage shall be void.

(2) In this section, in relation to a marriage of a same sex couple,
“required consent” means consent under—

(a) 45section 26A(3), in a case where section 26A applies to the
marriage (but section 44A does not apply to it);

(b) section 26A(3) and section 44A(6), in a case where section 26A
and section 44A apply to the marriage;

(c) section 26B(2)(b), in a case where section 26B(1), (2) and (3)
apply to the marriage;

(d) 5section 26B(4)(b), in a case where section 26B(1), (4) and (5)
apply to the marriage;

(e) section 26B(6)(d), in a case where section 26B(1), (6) and (7)
apply to the marriage.”.

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

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

(ii) 15where the parties to the marriage are members of
different synagogues, the marriage shall be
registered by the secretary of whichever of those
synagogues the parties to the marriage nominate;”.

17 Section 69 (licensing of chapels for marriages according to rites of Church of
20England), subsection (5): for “authorised persons” substitute “persons
authorised under section 43”.

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

19 (1) 25Section 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) Subsection (3)(d): after “(dd)” insert “or 26B(6)”.

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

20 (1) 30Section 78 (interpretation) is amended in accordance with this paragraph.

(2) Subsection (1)—

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

• ““authorised person” means—

  (a)

  in relation to a building registered under
  35section 41, a person whose name and address
  have been certified in accordance with section
  43;

  (b)

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

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

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

(c) 45definition of “registered building”: for “Part III” substitute “section
41 or section 43A”.