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

(3) After subsection (5) insert—

“(6) If, for the purpose of any provision of this Act, a relevant governing
authority has given written consent to marriages of same sex
couples, the validity of that consent is not affected only because there
5is a change in the person or persons constituting that relevant
governing authority.”.

21 (1) Schedule 4 (provisions of Act which are excluded or modified in their
application to Naval, Military and Air Force chapels) is amended in
accordance with this paragraph.

(2) 10Part 3 (exclusion of provisions relating to marriages otherwise than
according to the rites of the Church of England): after the entry relating to
section 43 insert—

“Sections 43A and 43C.”.

(3) Part 4 (modification of provisions relating to marriages otherwise than
15according to the rites of the Church of England), after “forty-three,” insert
“43B,”.

Marriage (Registrar General’s Licence) Act 1970

22 The Marriage (Registrar General’s Licence) Act 1970 is amended as follows.

23 Section 1 (marriages which may be solemnized by Registrar General’s
20licence), subsection (2): after “section 26(1)(dd)” insert “or 26B(6)”.

24 Section 2 (notice of marriage), after subsection (2) insert—

“(4) Sections 27D and 28A(1A) and (2) of the principal Act apply (with the
appropriate modifications) to a marriage intended to be solemnized
in pursuance of this Act as they apply to a marriage intended to be
25solemnized in pursuance of 26B(2), (4) or (6) of that Act.”.

25 After section 13 insert—

“13A Void marriages: additional provision about same sex couples

(1) If a same sex couple knowingly and wilfully intermarries under the
provisions of this Act in the absence of the required consent, the
30marriage shall be void.

(2) In this section “required consent” means consent under section 1(3).”.

Matrimonial Causes Act 1973 (c. 18)Matrimonial Causes Act 1973 (c. 18)

26 The Matrimonial Causes Act 1973 is amended as follows.

27 Section 11 (grounds on which a marriage is void): omit paragraph (c).

35Public Order Act 1986 (c. 64)Public Order Act 1986 (c. 64)

28 (1) Section 29JA of the Public Order Act 1986 (protection of freedom of
expression (sexual orientation)) is amended in accordance with this
paragraph.

(2) The existing provision of section 29JA becomes subsection (1) of that section.

(3) After that provision insert—

“(2) In this Part, for the avoidance of doubt, any discussion or criticism of
marriage which concerns the sex of the parties to marriage shall not
be taken of itself to be threatening or intended to stir up hatred.”.

5Social Security Contributions and Benefits Act 1992 (c. 4)Social Security Contributions and Benefits Act 1992 (c. 4)

29 The Social Security Contributions and Benefits Act 1992 is amended as
follows.

30 Section 48 (use of former spouse’s or civil partner’s contributions): after
subsection (4) insert—

“(5) 10For the purposes of this section, a civil partnership is not to be treated
as having terminated by reason of its having been converted into a
marriage under section 9 of the Marriage (Same Sex Couples) Act
2013.”.

Pension Schemes Act 1993 (c. 48)Pension Schemes Act 1993 (c. 48)

31 15The Pension Schemes Act 1993 is amended as follows.

32 Section 99 (trustees’ duties after exercise of option), subsection (3)(b): for
“his widow” substitute “his or her surviving spouse or civil partner”.

Civil Partnership Act 2004 (c. 33)Civil Partnership Act 2004 (c. 33)

33 The Civil Partnership Act 2004 is amended as follows.

34 20Section 1 (civil partnership), subsection (3)—

(a) after “only” insert “(a)”;

(b) after “annulment” insert “, or

(b) in the case of a civil partnership formed as mentioned
in subsection (1)(a)(i) or (iv), on the conversion of the
25civil partnership into a marriage under section 9 of
the Marriage (Same Sex Couples) Act 2013.”.

35 Section 4 (parental etc consent where proposed civil partner under 18),
subsection (3): after “partner” insert “or a widower or a widow”.

36 Section 210 (registration at British consulates etc), subsection (6), paragraph
30(b) of the definition of “Registration officer”: after “country” (in both places)
insert “or territory”.

Human Fertilisation and Embryology Act 2008 (c. 22)Human Fertilisation and Embryology Act 2008 (c. 22)

37 The Human Fertilisation and Embryology Act 2008 is amended as follows.

38 (1) Section 35 (woman married at time of treatment) is amended in accordance
35with this paragraph.

(2) The title: after “married” insert “to a man”.

(3) Subsection (1)(a): after “marriage” insert “with a man”.

39 Section 40 (embryo transferred after death of husband etc who did not
provide sperm), subsection (1)(b): after “marriage” insert “with a man”.

40 (1) Section 42 (woman in civil partnership at time of treatment) is amended in
accordance with this paragraph.

(2) The title: after “partnership” insert “or marriage to a woman”.

(3) Subsection (1)—

(a) 5after “partnership” (in the first place) insert “or a marriage with
another woman”;

(b) after “partnership” (in the second place) insert “or marriage”.

41 (1) Section 46 (embryo transferred after death of civil partner or intended
female parent) is amended in accordance with this paragraph.

(2) 10The title: after “civil partner” insert “or wife”.

(3) Subsection (1)—

(a) paragraph (b), after “partnership” insert “or marriage with another
woman”;

(b) paragraphs (c), (d) and (e), after “partnership” insert “or marriage”;

(c) 15the words after paragraph (f), after “partnership” insert “or
marriage”.

Equality Act 2010 (c. 15)Equality Act 2010 (c. 15)

42 The Equality Act 2010 is amended as follows.

43 (1) Section 23 (comparison by reference to circumstances) is amended in
20accordance with this paragraph.

(2) Subsection (3): after “married” insert “to a person of the opposite sex”.

(3) After subsection (3) insert—

“(4) If the protected characteristic is sexual orientation, the fact that one
person (whether or not the person referred to as B) is married to a
25person of the same sex while another is married to a person of the
opposite sex is not a material difference between the circumstances
relating to each case.”.

44 Schedule 3 (services and public functions: exceptions): for the title to Part 6
substitute—

“Marriage: gender reassignment”.

45 30Schedule 9 (work: exceptions), Part 1 (occupational requirements),
paragraph 2 (religious requirements relating to sex, marriage etc, sexual
orientation), sub-paragraph (4): after paragraph (c) insert—

“(ca) a requirement not to be married to a person of the same
sex;”.