# Marriage (Same Sex Couples) Act 2013

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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

### Religious protectionE+W

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

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

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

#### 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

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

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

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

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

#### 7Opt-in: “deathbed marriages”E+W

### The Church in WalesE+W

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

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

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

#### 10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

### Effect of extension of marriageE+W

#### 11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

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

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

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

### 14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

### 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

### 17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

### 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.                  

### 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.                  

### 20. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

### 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

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

 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.

#### Northern IrelandU.K.

2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

#### 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+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

#### 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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

 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.

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#### 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;”.