# Marriage (Same Sex Couples) Act 2013

        - Previous
        - Next

U.K.

# Marriage (Same Sex Couples) Act 2013

# 2013 CHAPTER 30

An Act to make provision for the marriage of same sex couples in England and Wales, about gender change by married persons                        and civil partners, about consular functions in relation to marriage, for the marriage of armed forces personnel overseas,                        for permitting marriages according to the usages of belief organisations to be solemnized on the authority of certificates                        of a superintendent registrar, for the review of civil partnership, for the review of survivor benefits under occupational                        pension schemes, and for connected purposes.                     

[17th July 2013]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons,                           in this present Parliament assembled, and by the authority of the same, as follows:—                        

## **PART 1**U.K.Marriage of same sex couples in England and Wales

### Extension of marriageE+W

#### 1Extension of marriage to same sex couplesE+W

(1)Marriage of same sex couples is lawful.                  

(2)The marriage of a same sex couple may only be solemnized in accordance with—                  

(a)Part 3 of the Marriage Act 1949,                  

(b)Part 5 of the Marriage Act 1949,                  

(c)the Marriage (Registrar General's Licence) Act 1970, or                  

(d)an Order in Council made under Part 1 or 3 of Schedule 6.                  

(3)No Canon of the Church of England is contrary to section 3 of the Submission of the Clergy Act 1533 (which provides that no                        Canons shall be contrary to the Royal Prerogative or the customs, laws or statutes of this realm) by virtue of its making                        provision about marriage being the union of one man with one woman.                  

(4)Any duty of a member of the clergy to solemnize marriages (and any corresponding right of persons to have their marriages                        solemnized by members of the clergy) is not extended by this Act to marriages of same sex couples.                  

(5)A “member of the clergy” is—                  

(a)a clerk in Holy Orders of the Church of England, or                  

(b)a clerk in Holy Orders of the Church in Wales.                  

### Religious protectionE+W

#### 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

### Part 3 of the Marriage Act 1949E+W

#### 3Marriage for which no opt-in necessaryE+W

In Part 3 of the Marriage Act 1949, for section 26 substitute—

##### “26Marriage of a man and a woman; marriage of same sex couples for which no opt-in necessary

(1)The following marriages may be solemnized on the authority of two certificates of a superintendent registrar—                  

“(a)a marriage of a man and a woman, in a building registered under section 41, according to such form and ceremony as the persons                           to be married see fit to adopt;                  

(b)a marriage of any couple in the office of a superintendent registrar;                  

(bb)a marriage of any couple on approved premises;                  

(c)a marriage of a man and a woman according to the usages of the Society of Friends (commonly called Quakers);                  

(d)a marriage between a man and a woman professing the Jewish religion according to the usages of the Jews;                  

(dd)a qualifying residential marriage;                  

(e)a marriage of a man and a woman according to the rites of the Church of England in any church or chapel in which banns of                           matrimony may be published.”                  

(2)In this section “qualifying residential marriage” means—                  

(a)the marriage of a man and a woman (other than a marriage in pursuance of subsection (1)(c) or (d) above), one or each of whom                           is house-bound or a detained person, at the usual place of residence of the house-bound or detained person or persons, or                  

(b)the marriage of a same sex couple (other than a marriage according to the rites of the Church of England or other religious                           rites or usages), one or each of whom is house-bound or a detained person, at the usual place of residence of the house-bound                           or detained person or persons.”.                  

#### 4Opt-in: marriage in places of worshipE+W

(1)After section 26 of the Marriage Act 1949 insert—                  

##### “26AOpt-in to marriage of same sex couples: places of worship

(1)A marriage of a same sex couple in an appropriately registered building according to such form and ceremony as the persons                           to be married see fit to adopt may be solemnized on the authority of two certificates of a superintendent registrar.                  

(2)For the purposes of this section “appropriately registered building” means a building which has been registered under section 43A.                  

(3)An application for registration of a building under section 43A may not be made unless the relevant governing authority has                           given written consent to marriages of same sex couples.                  

(4)For that purpose, in relation to a building—                  
          -  “relevant governing authority” means the person or persons recognised 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 for whose religious purposes the building is used.                         

(5)Nothing in this section is to be taken to relate or have any reference to marriages solemnized according to the rites of the                           Church of England.                  

(6)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.”.                  

(2)Schedule 1 (registration of buildings etc) has effect.                  

Commencement Information

I1S. 4 in force at 31.10.2013 for specified purposes by S.I. 2013/2789, **art. 2(a)**

#### 5Opt-in: other religious ceremoniesE+W

After section 26A of the Marriage Act 1949 insert—

##### “26BOpt-in to marriage of same sex couples: other religious ceremonies

(1)A marriage may, in any of the following cases, be solemnized on the authority of two certificates of a superintendent registrar.                  

(2)Case A is where—                  

(a)the marriage is of a same sex couple according to the usages of the Society of Friends (commonly called Quakers), and                  

(b)the relevant governing authority has given written consent to such marriages of same sex couples.                  

(3)For that purpose “relevant governing authority” means the recording clerk for the time being of the Society of Friends in London.                  

(4)Case B is where—                  

(a)the marriage is of a same sex couple professing the Jewish religion according to the usages of the Jews, and                  

(b)the relevant governing authority has given written consent to such marriages of same sex couples.                  

(5)For that purpose the meaning of “relevant governing authority” is to be determined in accordance with this table—                  

In that table—                  

(a)“relevant definition” means the definition of “secretary of a synagogue” in section 67;                  

(b)a reference to a person or persons being duly recognised is a reference to the person or persons being recognised for the                           purpose of giving consent for the purposes of this section.                  

(6)Case C is where—                  

(a)the marriage is of a same sex couple according to religious rites or usages (other than the rites of the Church of England),                  

(b)one or each of the couple is house-bound or a detained person,                  

(c)the marriage is at the usual place of residence of the house-bound or detained person or persons, and                  

(d)the relevant governing authority has given written consent to marriages of same sex couples according to those religious rites                           or usages.                  

(7)For that purpose—                  
          -  “relevant governing authority” means the person or persons recognised 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 according to whose rites or usages the marriage is to be solemnized.                         

(8)Subsection (6) does not authorise a marriage that may be solemnized under subsection (2) or (4).”.                  

### Part 5 of the Marriage Act 1949E+W

#### 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

### The Marriage (Registrar General's Licence) Act 1970E+W

#### 7Opt-in: “deathbed marriages”E+W

In section 1 of the Marriage (Registrar General's Licence) Act 1970 (marriages which may be solemnized by Registrar General's                     Licence), after subsection (2) insert—                  

“(3)A marriage of a same sex couple according to religious rites or usages may not be solemnized in accordance with this Act unless                           the relevant governing authority has given written consent to marriages of same sex couples according to those religious rites                           or usages.                  

(4)For that purpose—                  
          -  “relevant governing authority” means the person or persons recognised 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 according to whose rites or usages the marriage is to be solemnized.”.                         

### The Church in WalesE+W

#### 8Power to allow for marriage of same sex couples in Church in WalesE+W

(1)This section applies if the Lord Chancellor is satisfied that the Governing Body of the Church in Wales has resolved that                        the law of England and Wales should 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 according 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 (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 person 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 Chancellor which may not be transferred under the                        Ministers of the Crown Act 1975), in paragraph 4, at the end of Part A insert—                  
*“Marriage (Same Sex Couples) Act 2013*          -  Section 8”.                         

### Other provisions relating to marriages of same sex couplesU.K.

#### 9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 10Extra-territorial mattersU.K.

(1)A 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 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 section comes into force, or                  

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

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

Commencement Information

I2S. 10(3) in force at 31.10.2013 for specified purposes by S.I. 2013/2789, **art. 3(d)**

### Effect of extension of marriageE+W

#### 11Effect of extension of marriageE+W

(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)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)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 Schedule 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 Canon 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 Schedules 3 and 4—                  
          -  “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 legislation, 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 which 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.                                 
 

Commencement Information

I3S. 11(4) in force at 31.10.2013 for specified purposes by S.I. 2013/2789, **art. 3(e)**

I4S. 11(4) in force at 31.10.2013 for specified purposes by S.I. 2013/2789, **art. 2(b)**

## **PART 2**U.K.Other provisions relating to marriage and civil partnership

### 12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

### 13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

### 14Marriage according to the usages of belief organisationsE+W

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

(a)whether 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)The 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 permitting 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)An 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.                  

Commencement Information

I5S. 14 in force at 31.10.2013 by S.I. 2013/2789, **art. 3(a)**

### 15Review of civil partnershipE+W

(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 published.                  

(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.                  

### 16Survivor benefits under occupational pension schemesE+W+S

(1)The Secretary of State must arrange for a review of the following matters relating to occupational pension schemes—                  

(a)relevant differences in survivor benefits;                  

(b)the costs, and other effects, of securing that relevant differences in survivor benefits are eliminated by the equalisation                        of survivor benefits.                  

(2)For the purposes of this section, each of the following are relevant differences in survivor benefits—                  

(a)differences between—                  

(i)same sex survivor benefits, and                  

(ii)opposite sex survivor benefits provided to widows;                  

(b)differences between—                  

(i)same sex survivor benefits, and                  

(ii)opposite sex survivor benefits provided to widowers;                  

(c)differences between—                  

(i)opposite sex survivor benefits provided to widows, and                  

(ii)opposite sex survivor benefits provided to widowers.                  

(3)The review must, in particular, consider these issues—                  

(a)the extent to which same sex survivor benefits are provided in reliance on paragraph 18 of Schedule 9 to the Equality Act                        2010;                  

(b)the extent to which—                  

(i)same sex survivor benefits, and                  

(ii)opposite sex survivor benefits,                  

are calculated by reference to different periods of pensionable service.

(4)The arrangements made by the Secretary of State must provide for the person or persons conducting the review to consult such                        other persons as the Secretary of State considers appropriate.                  

(5)The Secretary of State must arrange for a report on the outcome of the review to be produced and published before 1 July 2014.                  

(6)If the Secretary of State, having considered the outcome of the review, thinks that the law of England and Wales and Scotland                        should be changed for the purpose of eliminating or reducing relevant differences in survivor benefits, the Secretary of State                        may, by order, make such provision as the Secretary of State considers appropriate for that purpose.                  

(7)An order under subsection (6) may amend—                  

(a)England and Wales legislation;                  

(b)Scottish legislation.                  

(8)In this section—                  
          -  “occupational pension scheme” has the same meaning as in the Pension Schemes Act 1993 (see section 1 of that Act);                         
          -  “opposite sex survivor benefits” means survivor benefits provided to surviving spouses of marriages of opposite sex couples;                         
          -  “same sex survivor benefits” means survivor benefits provided to—                          (a)
surviving civil partners, and
(b)
surviving spouses of marriages of same sex couples;
 
          -  “survivor benefits” means survivor benefits provided under occupational pension schemes.                         

## **PART 3**U.K.Final provisions

### 17Transitional and consequential provisionU.K.

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

Commencement Information

I6S. 17(1)-(3) in force at 31.10.2013 by S.I. 2013/2789, **art. 3(b)**

### 18Orders and regulationsU.K.

(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 State 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)the first regulations under section 9(2);                  

(d)an order under section 14;                  

(e)an order under section 16;                  

(f)an order under section 17(1) or (2) which amends an Act of Parliament;                  

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

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

(i)an order under paragraph 27 of Schedule 4;                  

(j)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)regulations 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 17(1) or (2) (unless it amends an Act of Parliament).                  

(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)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)may 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 administrative 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)But 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;                         
          -  “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 revoke 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 21(3), containing 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 section 21(3), containing provision which would (if contained in an Act of the Northern Ireland Assembly) be                        within the legislative competence of that Assembly.                  

Commencement Information

I7S. 18 in force at 31.10.2013 by S.I. 2013/2789, **art. 3(c)**

### 19InterpretationU.K.

(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.                  

(2)In 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;                         
          -  “Registrar General” means the Registrar General of England and Wales;                         
          -  “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.                  

Commencement Information

I8S. 19 in force at 31.10.2013 by S.I. 2013/2789, **art. 3(c)**

### 20ExtentU.K.

(1)This 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 to 16 and paragraphs 4, 5, 10 and 11 of Schedule 6;                  

(c)Part 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)Subsection (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)The 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.                  

Commencement Information

I9S. 20 in force at 31.10.2013 by S.I. 2013/2789, **art. 3(c)**

### 21Short title and commencementU.K.

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

(2)This section and sections 15 and 16 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 purposes.                  

# SCHEDULES

 Section 4

## SCHEDULE 1E+WRegistration of buildings etc

### IntroductionE+W

1E+WPart 3 of the Marriage Act 1949 is amended in accordance with this Schedule.

Commencement Information

I10Sch. 1 para. 1 in force at 31.10.2013 for specified purposes by S.I. 2013/2789, **art. 2(a)**

### Registration of buildingsE+W

2E+WAfter section 43 insert—

#### “43ARegistration 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)Any 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)An 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 to 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)The 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)A 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 at 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.                  

#### 43BBuildings registered under section 43A: appointment of authorised persons

(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)Where 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 which 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)The 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 41 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)For 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)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.                  

(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)Nothing 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.                  

#### 43CCancellation of registration under section 43A

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

(2)Any application 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)The superintendent registrar must forward any application under this 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.                  

#### 43DRegulations 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)on 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)regulations 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 regulations 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—                  
          -  “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 under section 43B to be present at the solemnization of marriages in a building registered                              under section 43A.”.                         

Commencement Information

I11Sch. 1 para. 2 in force at 31.10.2013 for specified purposes by S.I. 2013/2789, **art. 2(a)**

### Shared buildingsE+W

3E+WAfter section 44 insert—

#### “Registration of shared buildings for marriage of same sex couplesE+W

##### 44ABuilding 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)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)Each 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 application 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 those 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)a 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)The 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)The 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 Secretary of State thinks appropriate.                  

##### 44BBuilding 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)used 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)The 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 authority” 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 governing 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 the 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.                  

##### 44COther 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)cancellation 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)The 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)which 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)used as mentioned in section 6(4) of the 1969 Act.                  

##### 44DSections 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 43C for the cancellation of the registration of a building;                         
          -  “registration application” means an application under section 43A for the registration of a building;                         
          -  “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)
used 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 agreement, 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 that so use it;                                 
(c)
in the case of any other shared building, the religious organisations (whether Christian or of another faith) that 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 (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 becomes 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;                  

and 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                           of—                  

(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)The 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 for 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 instrument has been laid before, and approved by resolution of, each House of Parliament.”.                  

Commencement Information

I12Sch. 1 para. 3 in force at 31.10.2013 for specified purposes by S.I. 2013/2789, **art. 2(a)**

 Section 10

## SCHEDULE 2U.K.Extra-territorial matters

### **PART 1**U.K.English and Welsh marriages of same sex couples: treatment in Scotland and Northern Ireland

#### ScotlandU.K.

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 Wales 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).U.K.

(2)The Secretary of State may by order—

(a)provide for the treatment of a marriage as a civil partnership (by virtue 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 marriage 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 transitional, transitory or saving provision being made) using the                        powers conferred by this paragraph.

Commencement Information

I13Sch. 2 para. 1 in force at 31.10.2013 by S.I. 2013/2789, **art. 3(d)**

#### Northern IrelandU.K.

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 under the law of England and Wales (and accordingly, the spouses are to be treated as civil partners).U.K.

(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 by the order;

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

Commencement Information

I14Sch. 2 para. 2(2) in force at 31.10.2013 by S.I. 2013/2789, **art. 3(d)**

#### Contrary provisionU.K.

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

(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)any new UK legislation,

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

(2)In this paragraph—
          -  “existing UK legislation” means—                          (a)
in 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                                    passed (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)
in the case of UK legislation that is subordinate legislation, legislation made after the day on which this Act is passed.
 

### **PART 2**U.K.Marriage treated as civil partnership: dissolution, annulment or separation

#### Order made in relation to civil partnership: validity in relation to marriageU.K.

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

(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 as 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,

that 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 as 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;                         
          -  “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                                    Kingdom;                                 
(b)
an overseas dissolution or annulment;
 
          -  “relevant couple” means the same sex couple who are parties to the actual marriage;                         
          -  “separation order” means—                          (a)
a 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.
 

Prospective

### **PART 3**U.K.England and Wales: “overseas relationships” in Civil Partnership Act 2004

#### Marriage not an “overseas relationship” in England and WalesU.K.

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

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

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

 Section 11

## SCHEDULE 3E+WInterpretation of legislation

### **PART 1**E+WExisting England and Wales legislation

#### Interpretation of existing England and Wales legislationE+W

1(1)In existing England and Wales legislation—E+W

(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)Where 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.

#### Interpretation of legislation about couples living together as if marriedE+W

2(1)In existing England and Wales legislation—E+W

(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 couple;

(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, any 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 deals differently with—E+W

(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 together as civil partners.

#### GeneralE+W

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

### **PART 2**E+WNew England and Wales legislation

5(1)This paragraph applies to provision made by—E+W

(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)The 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;

and 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)a 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 couple, 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 4E+WEffect of extension of marriage: further provision

### **PART 1**E+WPrivate legal instruments

#### Existing instrumentsE+W

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

(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, disposal 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 or not);

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

### **PART 2**E+WPresumption on birth of child to married woman

#### Common law presumptionE+W

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

(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**E+WDivorce and annulment of marriage

#### DivorceE+W

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

(2)After subsection (5) insert—

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

#### Annulment of marriageE+W

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

(2)The 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**E+WMatrimonial proceedings

#### Amendment of the Domicile and Matrimonial Proceedings Act 1973E+W

5E+WThe Domicile and Matrimonial Proceedings Act 1973 is amended as follows.

Commencement Information

I15Sch. 4 para. 5 in force at 31.10.2013 for specified purposes by S.I. 2013/2789, **art. 2(b)**

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

(2)Subsection (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.”.                  

(4)Subsection (6): after “Wales” insert “ (whether the proceedings are in respect of the marriage of a man and a woman or the marriage of a same sex couple) ”.

7E+WSection 6 (miscellaneous amendments, transitional provision and savings), subsection (3): after “Act” (in the first place)                        insert “ , or by virtue of Schedule A1 to this Act, ”.

8E+WBefore Schedule 1 insert— “SCHEDULE A1 Jurisdiction in relation to marriage of same sex couples

##### 1Introduction

This Schedule shall have effect, subject to section 6(3) and (4), with respect to the jurisdiction of the court to entertain                        any of the following proceedings in relation to a marriage of a same sex couple—                  

(a)proceedings for divorce, judicial separation or nullity of marriage;                  

(b)proceedings for an order which ends a marriage on the ground that one of the couple is dead; and                  

(c)proceedings for a declaration of validity.                  

##### 2Divorce, judicial separation or annulment

(1)The court has jurisdiction to entertain proceedings for divorce or judicial separation if (and only if)—                  

(a)the court has jurisdiction under regulations under paragraph 5,                  

(b)no court has, or is recognised as having, jurisdiction under regulations under paragraph 5 and either of the married same                           sex couple is domiciled in England and Wales on the date when the proceedings are begun, or                  

(c)the following conditions are met—                  

(i)the two people concerned married each other under the law of England and Wales,                  

(ii)no court has, or is recognised as having, jurisdiction under regulations under paragraph 5, and                  

(iii)it appears to the court to be in the interests of justice to assume jurisdiction in the case.                  

(2)The court has jurisdiction to entertain proceedings for nullity of marriage if (and only if)—                  

(a)the court has jurisdiction under regulations under paragraph 5,                  

(b)no court has, or is recognised as having, jurisdiction under regulations under paragraph 5 and either of the married same                           sex couple—                  

(i)is domiciled in England and Wales on the date when the proceedings are begun, or                  

(ii)died before that date and either was at death domiciled in England and Wales or had been habitually resident in England and                           Wales throughout the period of 1 year ending with the date of death, or                  

(c)the following conditions are met—                  

(i)the two people concerned married each other under the law of England and Wales,                  

(ii)no court has, or is recognised as having, jurisdiction under regulations under paragraph 5, and                  

(iii)it appears to the court to be in the interests of justice to assume jurisdiction in the case.                  

(3)At any time when proceedings are pending in respect of which the court has jurisdiction by virtue of sub-paragraph (1) or                           (2) (or this sub-paragraph), the court also has jurisdiction to entertain other proceedings, in respect of the same marriage,                           for divorce, judicial separation or nullity of marriage, even though that jurisdiction would not be exercisable under subsection                           (1) or (2).                  

##### 3Presumption of death order

The court has jurisdiction to entertain proceedings for an order which ends a marriage on the ground that one of the couple                        is dead on an application made by the other of the couple (“the applicant”) if (and only if)—                  

(a)at the time the application is made, the High Court does not have jurisdiction to entertain an application by the applicant                           under section 1 of the Presumption of Death Act 2013 for a declaration that the applicant's spouse is presumed to be dead,                           and                  

(b)the two people concerned married each other under the law of England and Wales and it appears to the court to be in the interests                           of justice to assume jurisdiction in the case.                  

##### 4Declaration of validity

The court has jurisdiction to entertain an application for a declaration of validity if (and only if)—                  

(a)either of the parties to the marriage to which the application relates—                  

(i)is domiciled in England and Wales on the date of the application,                  

(ii)has been habitually resident in England and Wales throughout the period of 1 year ending with that date, or                  

(iii)died before that date and either was at death domiciled in England and Wales or had been habitually resident in England and                           Wales throughout the period of 1 year ending with the date of death, or                  

(b)the two people concerned married each other under the law of England and Wales and it appears to the court to be in the interests                           of justice to assume jurisdiction in the case.                  

##### 5Power to make provision corresponding to EC Regulation 2201/2003

(1)The Lord Chancellor may by regulations make provision—                  

(a)as to the jurisdiction of courts in England and Wales in proceedings for the divorce of, or annulment of the marriage of,                           a same sex couple or for judicial separation of a married same sex couple where one of the couple—                  

(i)is or has been habitually resident in a member State,                  

(ii)is a national of a member State, or                  

(iii)is domiciled in a part of the United Kingdom or the Republic of Ireland, and                  

(b)as to the recognition in England and Wales of any judgment of a court of another member State which orders the divorce of,                           or annulment of a marriage of, a same sex couple or the judicial separation of a married same sex couple.                  

(2)The regulations may in particular make provision corresponding to that made by Council Regulation (EC) No 2201/2003 of 27th November 2003 in relation to jurisdiction and the recognition and enforcement of judgments in matrimonial matters.                  

(3)The regulations may provide that for the purposes of the regulations “member State” means—                  

(a)all member States with the exception of such member States as are specified in the regulations, or                  

(b)such member States as are specified in the regulations.                  

(4)The regulations may make provision under sub-paragraph (1)(b) which applies even if the date of the divorce, annulment or                           judicial separation is earlier than the date on which this paragraph comes into force.                  

(5)Regulations under this paragraph are to be made by statutory instrument.                  

(6)A statutory instrument containing regulations under this paragraph may not be made unless a draft of the statutory instrument                           containing the order or regulations has been laid before, and approved by resolution of, each House of Parliament.                  

##### 6Interpretation

In this Schedule “declaration of validity” means—                  

(a)a declaration as to the validity of a marriage,                  

(b)a declaration as to the subsistence of a marriage, or                  

(c)a declaration as to the validity of a divorce, annulment or judicial separation obtained outside England and Wales in respect                           of a marriage.”.                  

Commencement Information

I16Sch. 4 para. 8 in force at 31.10.2013 for specified purposes by S.I. 2013/2789, **art. 2(b)**

9E+WSchedule 1 (staying of matrimonial proceedings in England and Wales: interpretation), paragraph 2: after “kinds” insert “ (whether relating to a marriage of a man and a woman or a marriage of a same sex couple) ”.

#### Transitory provision until commencement of Presumption of Death Act 2013E+W

10(1)This paragraph applies if section 1 of the Presumption of Death Act 2013 has not come into force at the time when the amendments                        of the Domicile and Matrimonial Proceedings Act 1973 made by the other provisions of this Part of this Schedule come into                        force.E+W

(2)Schedule A1 to the Domicile and Matrimonial Proceedings Act 1973 has effect with the following modifications until section                        1 of the Presumption of Death Act 2013 comes into force.

(3)Paragraph 1 has effect with the following provision substituted for paragraph (b)—

“(b)proceedings for death to be presumed and a marriage to be dissolved in pursuance of section 19 of the Matrimonial Causes Act                           1973; and”.                  

(4)Schedule A1 has effect with the following provision substituted for paragraph 3—

“3The court has jurisdiction to entertain proceedings for death to be presumed and a marriage to be dissolved if (and only if)—

(a)the applicant is domiciled in England and Wales on the date when the proceedings are begun,                  

(b)the applicant was habitually resident in England and Wales throughout the period of 1 year ending with that date, or                  

(c)the two people concerned married each other under the law of England and Wales and it appears to the court to be in the interests                           of justice to assume jurisdiction in the case.”.                  

### **PART 5**E+WState pensions

#### Category B retirement pension for married personE+W

11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

#### Category B retirement pension for widows and widowersE+W

12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

#### Category B retirement pension for widowersE+W

13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

#### Graduated retirement benefitE+W

14(1)Section 62 of the Social Security Contributions and Benefits Act 1992 (graduated retirement benefit) is amended as follows.E+W

(2)Subsection (1): after paragraph (ac) insert—

“(ad)for extending section 37 of that Act (increase of woman's retirement pension by reference to her late husband's graduated                           retirement benefit) to—                  

(i)men and their late husbands, and                  

(ii)women and their late wives,                  

and for that section (except subsection (5)) so to apply as it applies to women and their late husbands;                  

(ae)for extending section 37 of that Act (increase of woman's retirement pension by reference to her late husband's graduated                           retirement benefit) to—                  

(i)men and their late husbands, and                  

(ii)women and their late wives,                  

who attained pensionable age before 6th April 2010 and for that section (except subsection (5)) so to apply as it applies                        to men and their late wives;”.                  

(3)After subsection (2) insert—

“(3)In relevant gender change cases, women and their late wives are to be treated for the purposes of sections 36 and 37 of the                           National Insurance Act 1965 in the same way as women and their late husbands.                  

(4)For that purpose “relevant gender change case”, in relation to a woman (“the pensioner”) and her late wife, means a case where—                  

(a)the late wife was, at the time of her death, a woman by virtue of a full gender recognition certificate having been issued                           under the Gender Recognition Act 2004, and                  

(b)the marriage of the pensioner and her late wife subsisted before the time when the certificate was issued.”                  

Commencement Information

I17Sch. 4 para. 14 in force at 31.10.2013 for specified purposes by S.I. 2013/2789, **art. 2(b)**

#### Adult dependency increasesE+W

15(1)In a case where a full gender recognition certificate is issued to a person under the Gender Recognition Act 2004—E+W

(a)section 83 of the 1992 Act (pension increase (wife)) does not cease to apply by virtue of the change of gender; and

(b)in the continued application of section 83 in such a case, references to a pension payable to a man, or references to his                        wife, are to be construed accordingly.

(2)In a case where a full gender recognition certificate is issued to a person under the Gender Recognition Act 2004—

(a)section 84 of the 1992 Act (pension increase (husband)) does not cease to apply by virtue of the change of gender; and

(b)in the continued application of section 84 in such a case, references to a pension payable to a woman, or references to her                        husband, are to be construed accordingly.

(3)In this paragraph “the 1992 Act” means the Social Security Contributions and Benefits Act 1992.

#### Converted civil partnershipsE+W

16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

### **PART 6**E+WOccupational pensions and survivor benefits

#### Benefits dependent on marriage of same sex couplesE+W

17(1)Paragraph 18 of Schedule 9 to the Equality Act 2010 (work: exceptions) is amended as follows.E+W

(2)Sub-paragraph (1): for “married” substitute “ within sub-paragraph (1A) ”.

(3)After sub-paragraph (1) insert—

“(1A)A person is within this sub-paragraph if the person is—                  

(a)a man who is married to a woman, or                  

(b)a woman who is married to a man, or                  

(c)married to a person of the same sex in a relevant gender change case.                  

(1B)The reference in sub-paragraph (1A)(c) to a relevant gender change case is a reference to a case where—                  

(a)the married couple were of the opposite sex at the time of their marriage, and                  

(b)a full gender recognition certificate has been issued to one of the couple under the Gender Recognition Act 2004.”.                  

#### Pension Schemes Act 1993E+W

18E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

19E+WIn section 8(2) (meaning of certain terms), in the definition of “guaranteed minimum pension”, after “widower's” insert “,                        surviving same sex spouse's”.

20. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

21. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

23E+WBefore section 39 insert—

##### “38ARegulations about relevant gender change cases

24E+WIn section 47 (further provisions about effect of entitlement to guaranteed minimum pension on payment of social security                        benefits), in subsection (1) after “widower” insert “ , surviving same sex spouse ”.

25E+WIn section 84 (basis of revaluation), in subsection (5), after “widower” insert “ , surviving same sex spouse ”.

26E+WIn Schedule 3 (methods of revaluing accrued pension benefits), in paragraph 1(1E)(b), after “widower” insert “ , surviving same sex spouse ”.

### **PART 7**E+WProvisions which limit equivalence of all marriages etc

#### Contrary provisionE+W

27(1)The relevant enactments are subject to—E+W

(a)the preceding provisions of this Schedule, and

(b)any order under sub-paragraph (3).

(2)The relevant enactments are subject to any other contrary provision made by—

(a)the other provisions of this Act,

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

(c)any new England and Wales legislation,

including any such contrary provision contained in amendments of existing England and Wales legislation.

(3)The Secretary of State may by order—

(a)provide that a relevant enactment has effect subject to provision made by the order, or

(b)specify cases in which a relevant enactment does not apply.

(4)In this paragraph “relevant enactment” means—

(a)section 11(1) and (2) and Schedule 3 (equivalence of all marriages in law), or

(b)section 9(6)(b) (marriage arising from conversion of civil partnership treated as having subsisted from formation of civil                        partnership).

Commencement Information

I18Sch. 4 para. 27(3)(4) in force at 31.10.2013 by S.I. 2013/2789, **art. 3(e)**

 Section 12

## SCHEDULE 5U.K.Change of gender of married persons or civil partners

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

 Section 13

## SCHEDULE 6U.K.Marriage overseas

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

 Section 17

## SCHEDULE 7U.K.Transitional and consequential provision etc

### **PART 1**U.K.Transitional and transitory provision

#### Approval of premises for civil weddingsU.K.

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.U.K.

(2)Any 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 regulations 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—
          -  “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.                         

### **PART 2**U.K.Minor and consequential amendments

#### Marriage Act 1949 (c. 76)U.K.

2U.K.The Marriage Act 1949 is amended as follows.

3U.K.Section 3 (marriages of persons under 18), subsection (1): after “widow” insert “ or a surviving civil partner ”.

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

(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; and, 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)Case 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.”.                  

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

6U.K.After section 27C insert—

##### “27DAdditional information required for certain marriages of same sex couples

7(1)Section 28A (power to require evidence) is amended in accordance with this paragraph.U.K.

(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 may 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)Section 41 (registration of buildings) is amended in accordance with this paragraph.U.K.

(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 reference 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.U.K.

(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)Section 43 (appointment of authorised persons) is amended in accordance with this paragraph.U.K.

(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 registered 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 accordingly 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)there 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,                  

the 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 made 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)Omit subsection (2).

11U.K.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), ”.

12U.K.Section 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.U.K.

(2)Subsection (1): for “marriage solemnised in the presence of a superintendent registrar” 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)the 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)This 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 unless 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 recognised 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 celebrated.”.                         

14U.K.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)that, 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 (e) insert “or 

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

15U.K.After section 49 insert—

##### “49AVoid marriages: additional provision about same sex couples

16U.K.Section 53, paragraph (c): for the words from “religion” to the end substitute “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)where 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;”.                  

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

18U.K.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)Section 75 (offences relating to solemnization of marriages) is amended in accordance with this paragraph.U.K.

(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)Section 78 (interpretation) is amended in accordance with this paragraph.U.K.

(2)Subsection (1)—

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

““authorised person” means—                  

(a)in relation to a building registered under section 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 address 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)definition of “registered building”: for “Part III” substitute “ section 41 or section 43A ”.

(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 is 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.U.K.

(2)Part 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 according to the rites of the Church of England),                        after “forty-three,” insert “ 43B, ”.

#### Marriage (Registrar General's Licence) Act 1970U.K.

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

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

24U.K.Section 2 (notice of marriage), after subsection (3) 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 solemnized in pursuance of 26B(2), (4) or                           (6) of that Act.”.                  

25U.K.After section 13 insert—

##### “13AVoid marriages: additional provision about same sex couples

#### Matrimonial Causes Act 1973 (c. 18)U.K.

26U.K.The Matrimonial Causes Act 1973 is amended as follows.

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

#### Public Order Act 1986 (c. 64)U.K.

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

(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.”.                  

#### Social Security Contributions and Benefits Act 1992 (c. 4)U.K.

29U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

30U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

#### Pension Schemes Act 1993 (c. 48)U.K.

31U.K.The Pension Schemes Act 1993 is amended as follows.

32U.K.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)U.K.

33U.K.The Civil Partnership Act 2004 is amended as follows.

34U.K.Section 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 civil partnership                           into a marriage under section 9 of the Marriage (Same Sex Couples) Act 2013.”.                  

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

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

#### Human Fertilisation and Embryology Act 2008 (c. 22)U.K.

37U.K.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 with this paragraph.U.K.

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

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

39U.K.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.U.K.

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

(3)Subsection (1)—

(a)after “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.U.K.

(2)The 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)the words after paragraph (f), after “partnership” insert “ or marriage ”.

#### Equality Act 2010 (c. 15)U.K.

42U.K.The Equality Act 2010 is amended as follows.

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

(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 person 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.”.                  

44U.K.Schedule 3 (services and public functions: exceptions): for the title to Part 6 substitute— “ Marriage: gender reassignment ”.

45U.K.Schedule 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;”.