Statement by Mr. Lenk, Head of OSCE and Council of Europe Division, Federal Foreign Office
Marriage of same sex couples is lawful.
The marriage of a same sex couple may only be solemnized in accordance with—
Part 3 of the Marriage Act 1949,
Part 5 of the Marriage Act 1949,
the Marriage (Registrar General's Licence) Act 1970, or
an Order in Council made under Part 1 or 3 of Schedule 6.
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.
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.
A “member of the clergy” is—
a clerk in Holy Orders of the Church of England, or
a clerk in Holy Orders of the Church in Wales.
A person may not be compelled by any means (including by the enforcement of a contract or a statutory or other legal requirement) to—
undertake an opt-in activity, or
refrain from undertaking an opt-out activity.
A person may not be compelled by any means (including by the enforcement of a contract or a statutory or other legal requirement)— where the reason for the person not doing that thing is that the relevant marriage concerns a same sex couple.
to conduct a relevant marriage,
to be present at, carry out, or otherwise participate in, a relevant marriage, or
to consent to a relevant marriage being conducted,
In this section— Activity Enactment Giving consent — Any of these provisions of the 1949 Act: section 26A(3); section 26B(2), (4) or (6); section 44A(6); section 46(1C) — Regulations under section 70A(5) of the 1949 Act (as mentioned in section 70A(6)(c) of that Act) relating to an application for registration — Section 1(3) of the Marriage (Registrar General's Licence) Act 1970 — An armed forces overseas marriage Order in its application to marriages of same sex couples (as mentioned in paragraph 9(5) of Schedule 6) Applying for the registration of a building Section 43A of the 1949 Act Authorising a person to be present at the solemnization of marriages of same sex couples in a building registered under section 43A of the 1949 Act Section 43B of the 1949 Act Being authorised to be present at the solemnization of marriages of same sex couples in a building registered under section 43A of the 1949 Act Section 43B of the 1949 Act Giving a certificate, giving a copy of a consent, or certifying any matter Any of these provisions of the 1949 Act: section 43A(3); section 43B(2); section 44A(7)
Part 3 of the Marriage Act 1949 is amended in accordance with this Schedule.
a superintendent registrar;
This paragraph applies in a case where a marriage of a same sex couple under the law of England and Wales is— If— 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. If— 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). In this paragraph—
Section 48B of the 1992 Act (Category B retirement pension for widows and widowers) does not confer a right to a Category B retirement pension on a woman who attained pensionable age before 6th April 2010 by reason of her marriage to another woman. But that does not prevent section 48B from conferring a right to such a pension on a woman by reason of her marriage to another woman (“the spouse”) if— In section 48B of the 1992 Act— In paragraph 5A of Schedule 3 to the 1992 Act, at the end of sub-paragraph (1)(c) insert “or in a case of the kind mentioned in subsection (1ZA)(c) of that section”. In this paragraph “the 1992 Act” means the Social Security Contributions and Benefits Act 1992.
In a case where a full gender recognition certificate is issued to a person under the Gender Recognition Act 2004— In a case where a full gender recognition certificate is issued to a person under the Gender Recognition Act 2004— In this paragraph “the 1992 Act” means the Social Security Contributions and Benefits Act 1992.
The Pension Schemes Act 1993 is amended in accordance with paragraphs 19 to 26.
The Domicile and Matrimonial Proceedings Act 1973 is amended as follows.
No recommendation is to be made to Her Majesty in Council to make an Order in Council under this Schedule unless a draft of the statutory instrument containing the Order in Council has been laid before, and approved by resolution of, each House of Parliament. In the case of an Order in Council containing provision which would (if contained in an Act of the Scottish Parliament) be within the legislative competence of that Parliament, no recommendation is to be made to Her Majesty under this paragraph unless the Scottish Ministers have been consulted.
The Civil Partnership Act 2004 is amended as follows.
In section 8(2) (meaning of certain terms), in the definition of “guaranteed minimum pension”, after “widower’s” insert “, surviving same sex spouse’s”.
Section 5 (jurisdiction of High Court and county courts) is amended in accordance with this paragraph. Subsection (1): after “entertain” insert “any of the following proceedings in relation to a marriage of a man and a woman”. After subsection (5) insert—. 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)”.
Section 1 (civil partnership), subsection (3)—
after “only” insert “(a)”;
after “annulment” insert , or.
Section 17 (minimum pensions for widows and widowers) is amended as follows. Subsection (2)— Subsection (4): after “partner’s” insert “or surviving same sex spouse’s”. Subsection (5): at the beginning insert “In the case of a woman who is the widow of a man,”. Subsection (6)— After subsection (9) insert—.
Section 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,”.
Section 4 (parental etc consent where proposed civil partner under 18), subsection (3): after “partner” insert “or a widower or a widow”.
Section 24D (survivors’ benefits) is amended as follows. Subsection (2): after “earner” insert “is a man married to a woman or a woman married to a woman in a relevant gender change case, and the earner”. Subsection (3)— After subsection (3) insert—.
Before Schedule 1 insert—.
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”.
Section 37 (alteration of rules of contracted-out schemes) is amended as follows. For subsection (4) substitute—.
Schedule 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)”.
Before section 39 insert—.
In 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”.
In section 84 (basis of revaluation), in subsection (5), after “widower” insert “, surviving same sex spouse”.
In Schedule 3 (methods of revaluing accrued pension benefits), in paragraph 1(1E)(b), after “widower” insert “, surviving same sex spouse”.
In this section—
a British protected person, within the meaning of that Act.
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
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. 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. Paragraph 1 has effect with the following provision substituted for paragraph (b)—. Schedule A1 has effect with the following provision substituted for paragraph 3—.
The Matrimonial Causes Act 1973 is amended as follows.
The Equality Act 2010 is amended as follows.
Section 11 (grounds on which a marriage is void): omit paragraph (c).
Section 23 (comparison by reference to circumstances) is amended in accordance with this paragraph. Subsection (3): after “married” insert “to a person of the opposite sex”. After subsection (3) insert—.
Schedule 3 (services and public functions: exceptions): for the title to Part 6 substitute—.
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—.
regulations under section 9(1) or (2), or
an order under section 14(4).
Section 4
“existing England and Wales legislation” has the meaning given in section 11;
After section 43 insert—.
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). The Secretary of State may by order— 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. If marriage of same sex couples becomes lawful under the law of Scotland, that does not—
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. 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. 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. In this paragraph—
Section 48A of the 1992 Act (Category B retirement pension for married person) does not confer a right to a Category B retirement pension on a person by reason of the person being married to a person of the same sex who was born before 6th April 1950. But that does not prevent section 48A from conferring a right to such a pension on a woman by reason of her marriage to another woman (“the spouse”) if— In section 48A of the 1992 Act— In paragraph 5A of Schedule 3 to the 1992 Act, at the end of sub-paragraph (1)(b) insert “or in a case of the kind mentioned in subsection (2ZA)(d) of that section”. In this paragraph “the 1992 Act” means the Social Security Contributions and Benefits Act 1992.
Section 62 of the Social Security Contributions and Benefits Act 1992 (graduated retirement benefit) is amended as follows. Subsection (1): after paragraph (ac) insert—. After subsection (2) insert—
Section 2 (determination of applications): after subsection (3) insert—
No religious service is to be used at the solemnization of a consular marriage.
In this Part of this Schedule—
The Marriage Act 1949 is amended as follows.
After section 3 insert—
Section 3 (marriages of persons under 18), subsection (1): after “widow” insert “or a surviving civil partner”.
Section 25 (void marriages) is amended as follows. At the beginning insert—. The existing wording of section 25 becomes subsection (2) of that section; and, at the beginning of that subsection, for “If any persons” substitute—. For the words after paragraph (d) substitute—.
Section 27A (additional information required in certain cases), subsection (1): after “section 26(1)(dd)” insert “or 26B(6)”.
After section 27C insert—.
Section 28A (power to require evidence) is amended in accordance with this paragraph. After subsection (1) insert—. Subsection (2): for “Such a requirement” substitute “A requirement under subsection (1) or (1A)”.
Section 41 (registration of buildings) is amended in accordance with this paragraph. The title: at the end insert “: marriage of a man and a woman”. After subsection (1) insert—.
Section 42 (cancellation of registration and substitution of another building) is amended in accordance with this paragraph. For the title substitute “Cancellation of registration under section 41: building no longer used”. Subsection (1): for “registered building” substitute “building registered under section 41”.
Section 43 (appointment of authorised persons) is amended in accordance with this paragraph. For the title substitute “Buildings registered under section 41: appointment of authorised persons”. Subsection (1): for “registered building” (in each place) substitute “building registered under section 41”. For the proviso to subsection (1) substitute—. Omit subsection (2).
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),”.
Section 45A (solemnization of certain marriages), subsection (1): after “section 26(1)(dd)” insert “or 26B(6)”.
Section 46 (register office marriage followed by religious ceremony) is amended in accordance with this paragraph. Subsection (1): for “marriage solemnised in the presence of a superintendent registrar” substitute “relevant marriage”. After subsection (1) insert—.
Section 48 (proof of certain matters not necessary to validity of marriages), subsection (1)—
paragraph (d): omit “or”;
after paragraph (d) insert—;
at the end of paragraph (e) insertor.
After section 49 insert—.
Section 53, paragraph (c): for the words from “religion” to the end substitute religion—.
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”.
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”.
Section 75 (offences relating to solemnization of marriages) is amended in accordance with this paragraph. Subsection (2)(bb): after “section 26(1)(dd)” insert “or 26B(6)”. Subsection (3)(d): after “(dd)” insert “or 26B(6)”. Subsection (5): after “seventy” insert “or 70A”.
Section 78 (interpretation) is amended in accordance with this paragraph. Subsection (1)— After subsection (5) insert—.
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. Sections 43A and 43C. Part 4 (modification of provisions relating to marriages otherwise than according to the rites of the Church of England), after “forty-three,” insert “43B,”.
Section 10
“consular marriage” means a marriage solemnized in accordance with the provisions of this Part of this Schedule and any Order in Council made under it;
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). Sub-paragraph (1) does not apply on or after 13th January 2020 except for the purposes of proceedings commenced before that date under Chapter 2 of Part 4, or section 191, of the Civil Partnership Act 2004 (dissolution, nullity and other proceedings in Northern Ireland in respect of civil partnerships, and property disputes between civil partners). The Secretary of State may by order—
In existing England and Wales legislation— 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. For the purposes of sub-paragraphs (1) and (2) it does not matter how a reference is expressed.
This paragraph applies to existing England and Wales legislation which deals differently with— 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.
a British citizen, a British overseas territories citizen, a British Overseas citizen or a British National (Overseas),
Section 11
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
In existing England and Wales legislation— 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. For the purposes of sub-paragraphs (1) and (2) it does not matter how a reference is expressed.
Section 12 of the Matrimonial Causes Act 1973 (grounds on which a marriage is voidable) is amended as follows. The existing provision of section 12 becomes subsection (1) of that section. After that subsection (1) insert—.
The Gender Recognition Act 2004 is amended in accordance with this Part of this Schedule.
This paragraph applies to provision made by— including any such provision which amends existing England and Wales legislation. The following expressions have the meanings given— and related expressions are to be construed accordingly. A reference to marriage of same sex couples is a reference to— A reference to a marriage of a same sex couple is a reference to— A reference to a same sex couple who are not married but are living together as a married couple is a reference to— This Part of this Schedule does not limit section 11(1) or (2).
Section 11
Section 12
“England and Wales civil partnership” means a civil partnership which is formed by two people registering as civil partners of each other in England or Wales (see Part 2 of the Civil Partnership Act 2004);
After section 11A (inserted by paragraph 10) insert—.
Section 25 (interpretation)—
after the definition of “Gender Recognition Panel” insert—;
after the definition of “registered psychologist” insert—.
Section 3 (evidence): after subsection (6) insert—.
After section 5A insert—.
Section 8 (appeals etc)—
subsection (1): after “1(1),” insert “4A,”;
subsection (5): after “1(1),” insert “4A,”;
after subsection (5) insert—;
subsection (6): after “subsection (5)” insert “or an application under subsection (5A)”.
Her Majesty may by Order in Council make provision for two people to marry each other— in cases where the officer is satisfied that the conditions in sub-paragraph (2) are met. The conditions are that—
In this Part of this Schedule— In this Part of this Schedule—
An Order in Council under this Part of this Schedule may provide that two people who marry in a consular marriage are to be treated for prescribed purposes as if they had married in the relevant part of the United Kingdom.
An Order in Council under this Part of this Schedule may make provision about the solemnization of forces marriages of same sex couples according to religious rites and usages. An Order in Council may, in particular, make provision— Sub-paragraph (2)(b) is subject to sub-paragraphs (4) and (5). An Order in Council may not make provision allowing the solemnization of forces marriages of same sex couples according to the rites of the Church of England or Church in Wales. If an Order in Council makes provision allowing the solemnization of forces marriages of same sex couples according to particular religious rites or usages (other than those of the Church of England or Church in Wales), the Order in Council must also make provision to secure that such a marriage may not be solemnized according to those rites or usages unless the relevant governing authority has given written consent to marriages of same sex couples. The person or persons who are the relevant governing body for that purpose are to be determined in accordance with provision made by an Order in Council under this Part of this Schedule. This paragraph does not affect the provision that may be made about the solemnization of forces marriages of opposite sex couples according to religious rites and usages. If section 8 applies, the Lord Chancellor may, by order, make such relevant amending provision as the Lord Chancellor considers appropriate to allow for the solemnization of forces marriages of same sex couples according to the rites of the Church in Wales. For that purpose “relevant amending provision” means— In making an order under sub-paragraph (8), the Lord Chancellor must have regard to the terms of the resolution of the Governing Body of the Church in Wales referred to in section 8(1).
Section 13
Section 17
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— including any such contrary provision contained in amendments of existing UK legislation. In this paragraph—
The Civil Partnership Act 2004 is amended as follows. Section 213 (specified relationships): after subsection (1) insert—.
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. 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.
The relevant enactments are subject to— The relevant enactments are subject to any other contrary provision made by— including any such contrary provision contained in amendments of existing England and Wales legislation. The Secretary of State may by order— In this paragraph “relevant enactment” means—
The Gender Recognition Act 2004 is amended in accordance with this Part of this Schedule.
“opt-out activity” means an activity which reverses, or otherwise modifies, the effect of an opt-in activity.
Section 21 (foreign gender change and marriage)—
after subsection (1) insert—;
subsection (2): for “Accordingly,” substitute “In accordance with subsection (1),”.
Section 3 (evidence): after subsection (8) insert—
Section 4 (successful applications): for subsections (2) and (3) substitute—.
Section 6 (errors in certificates)—
for the title substitute “Errors”;
for subsection (1) substitute—;
subsection (3): for paragraph (a) substitute—;
subsection (4): for “a corrected” substitute “a correct, or a corrected,”.
Section 10 (registration): after subsection (1) insert—. Schedule 3 (registration), Part 1 (England and Wales): at end insert—.
An Order in Council under this Part of this Schedule may provide that two people who marry in a forces marriage are to be treated for prescribed purposes as if they had married in the relevant part of the United Kingdom.
In this Schedule—
A registration officer is not required to allow two people to marry each other if the registration officer’s opinion is that a marriage between them would be inconsistent with international law or the comity of nations. An Order in Council under this Part of this Schedule may make provision for appeals against a refusal, in reliance on sub-paragraph (1), to allow two people to marry each other.
A consular marriage is valid in law as if the marriage had been solemnized in the relevant part of the United Kingdom with a due observance of all forms required by the law of the relevant part of the United Kingdom.
After section 3A (inserted by paragraph 17) insert—.
In section 110 of the Equality Act 2010 (liability of employees and agents), after subsection (5) insert—.
In Schedule 3 to the Equality Act 2010 (services and public functions: exceptions), after Part 6 insert—.
In Part 3 of the Marriage Act 1949, for section 26 substitute—.
After section 26 of the Marriage Act 1949 insert—.
Schedule 1 (registration of buildings etc) has effect.
After section 26A of the Marriage Act 1949 insert—.
Part 5 of the Marriage Act 1949 is amended as follows.
Section 68 (solemnization of marriages in naval, military and air force chapels): after subsection (1) insert—.
Section 70 (registration of chapels for marriages otherwise than according to rites of Church of England): after subsection (3) insert—.
After section 70 insert—.
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—.
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.
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.
The provision that may be made by an order under this section includes provision amending England and Wales legislation.
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).
If it appears to the Lord Chancellor—
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
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.
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—.
The parties to an England and Wales civil partnership may convert their civil partnership into a marriage under a procedure established by regulations made by the Secretary of State.
The parties to a civil partnership within subsection (3) may convert their civil partnership into a marriage under a procedure established by regulations made by the Secretary of State.
Subsections (1) and (2) apply only where both parties to the civil partnership are of the same sex.
A civil partnership is within this subsection if—
it was formed outside the United Kingdom under an Order in Council made under Chapter 1 of Part 5 of the Civil Partnership Act 2004 (registration at British consulates etc or by armed forces personnel), and
the part of the United Kingdom that was relevant for the purposes of section 210(2)(b) or (as the case may be) section 211(2)(b) of that Act was England and Wales.
Regulations under this section may in particular make—
provision about the making by the parties to a civil partnership of an application to convert their civil partnership into a marriage;
provision about the information to be provided in support of an application to convert;
provision about the making of declarations in support of an application to convert;
provision for persons who have made an application to convert to appear before any person or attend at any place;
provision conferring functions in connection with applications to convert on relevant officials, relevant armed forces personnel, the Secretary of State, or any other persons;
provision for fees, of such amounts as are specified in or determined in accordance with the regulations, to be payable in respect of—
the making of an application to convert;
the exercise of any function conferred by virtue of paragraph (e).
Functions conferred by virtue of paragraph (e) of subsection (4) may include functions relating to—
the recording of information on the conversion of civil partnerships;
the issuing of certified copies of any information recorded;
the carrying out, on request, of searches of any information recorded and the provision, on request, of records of any information recorded (otherwise than in the form of certified copies);
the conducting of services or ceremonies (other than religious services or ceremonies) following the conversion of a civil partnership.
Where a civil partnership is converted into a marriage under this section—
the civil partnership ends on the conversion, and
the resulting marriage is to be treated as having subsisted since the date the civil partnership was formed.
Subsection (5B) applies where regulations under this section provide for a fee to be payable to a superintendent registrar or registrar.
In this section—
a person authorised by the Secretary of State in respect of the solemnization of marriages or formation of civil partnerships in a country or territory in which Her Majesty's government in the United Kingdom has for the time being no consular representative.
Section 1 of the Matrimonial Causes Act 1973 (divorce on breakdown of marriage) is amended as follows. After subsection (5) insert—.
The Marriage (Registrar General’s Licence) Act 1970 is amended as follows.
The Social Security Contributions and Benefits Act 1992 is amended as follows.
Section 1 (marriages which may be solemnized by Registrar General’s licence), subsection (2): after “section 26(1)(dd)” insert “or 26B(6)”.
Section 48 (use of former spouse’s or civil partner’s contributions): after subsection (4) insert—.
Section 2 (notice of marriage), after subsection (3) insert—.
After section 13 insert—.
a marriage of a same sex couple solemnized in accordance with— section 26A or 26B of the 1949 Act (marriage in a place of worship or in another place according to religious rites or usages), Part 5 of the 1949 Act (marriage in a naval, military or air force chapel), section 1 of the Marriage (Registrar General's Licence) Act 1970 (deathbed marriage), where the marriage is according to religious rites or usages, or an armed forces overseas marriage Order, where the marriage is according to religious rites or usages, including any ceremony forming part of, or connected with, the solemnization of such a marriage; and
“registration officer” means—
“prescribed” means prescribed by an Order in Council made under this Schedule;
“opposite sex survivor benefits” means survivor benefits provided to surviving spouses of marriages of opposite sex couples;
a British subject under the British Nationality Act 1981, or
The regulations may provide for such part of the fee as may be specified in or determined in accordance with the regulations to be payable by the superintendent registrar or registrar to the Registrar General in such circumstances as may be set out in the regulations.
The regulations may provide for the reduction, waiver or refund of part or all of a fee whether by conferring a discretion or otherwise.
A marriage under— is not prevented from being recognised under the law of England and Wales only because it is the marriage of a same sex couple.
the law of any part of the United Kingdom (other than England and Wales), or
the law of any country or territory outside the United Kingdom,
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—
already provides for marriage of same sex couples at the time when this section comes into force, or
provides for marriage of same sex couples from a later time.
Schedule 2 (extra-territorial matters) has effect.
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.
The law of England and Wales (including all England and Wales legislation whenever passed or made) has effect in accordance with subsection (1).
Schedule 3 (interpretation of legislation) has effect.
Schedule 4 (effect of extension of marriage: further provision) has effect.
For provision about limitations on the effects of subsections (1) and (2) and Schedule 3, see Part 7 of Schedule 4.
Subsections (1) and (2) and Schedule 3 do not have any effect in relation to—
Measures and Canons of the Church of England (whenever passed or made),
subordinate legislation (whenever made) made under a Measure or Canon of the Church of England, or
other ecclesiastical law (whether or not contained in England and Wales legislation, and, if contained in England and Wales legislation, whenever passed or made).
In Schedules 3 and 4—
in the case of England and Wales legislation that is subordinate legislation, legislation made after the day on which this Act is passed.
This Part of this Schedule does not limit section 11(1) or (2).
Section 51 of the 1992 Act (Category B retirement pension for widowers) is amended in accordance with sub-paragraphs (2) to (4). After subsection (1) insert—. Subsection (2): after “wife” insert “, husband”. Subsection (3): after “2002” insert “, surviving party to a same sex marriage”. Section 51(1ZA) of the 1992 Act does not confer a right to a Category B retirement pension on a person if the person attains pensionable age on or after 6th April 2010. Section 51(1ZA) of the 1992 Act does not confer a right to a Category B retirement pension on a woman by reason of her marriage to another woman (“the spouse”) if— In this paragraph “the 1992 Act” means the Social Security Contributions and Benefits Act 1992.
This paragraph applies where a civil partnership is converted into a marriage under section 9. For the purposes of section 48A of, and paragraph 5A(1)(b) of Schedule 3 to, the Social Security Contributions and Benefits Act 1992— In this paragraph “conversion day” means the day when the civil partnership is converted into a marriage.
Schedule 5 (change of gender of married persons or civil partners) has effect.
Schedule 6 (marriage overseas) has effect.
The Foreign Marriage Act 1892 is repealed.
The Secretary of State must arrange for a review of—
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 a marriage schedule, and
if so, what provision should be included in the order.
The arrangements made by the Secretary of State under subsection (1) must provide for the review to include a full public consultation.
The Secretary of State must arrange for a report on the outcome of the review to be produced and published before 1 January 2015.
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 a marriage schedule.
An order under subsection (4) may—
amend any England and Wales legislation;
make provision for the charging of fees.
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.
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.
The Secretary of State must arrange—
for the operation and future of the Civil Partnership Act 2004 in England and Wales to be reviewed, and
for a report on the outcome of the review to be produced and published.
Subsection (1) does not prevent the review from also dealing with other matters relating to civil partnership.
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.
The Secretary of State must arrange for a review of the following matters relating to occupational pension schemes—
relevant differences in survivor benefits;
the costs, and other effects, of securing that relevant differences in survivor benefits are eliminated by the equalisation of survivor benefits.
For the purposes of this section, each of the following are relevant differences in survivor benefits—
differences between—
same sex survivor benefits, and
opposite sex survivor benefits provided to widows;
differences between—
same sex survivor benefits, and
opposite sex survivor benefits provided to widowers;
differences between—
opposite sex survivor benefits provided to widows, and
opposite sex survivor benefits provided to widowers.
The review must, in particular, consider these issues—
the extent to which same sex survivor benefits are provided in reliance on paragraph 18 of Schedule 9 to the Equality Act 2010;
the extent to which— are calculated by reference to different periods of pensionable service.
same sex survivor benefits, and
opposite sex survivor benefits,
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.
The Secretary of State must arrange for a report on the outcome of the review to be produced and published before 1 July 2014.
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.
An order under subsection (6) may amend—
England and Wales legislation;
Scottish legislation.
In this section—
“Registrar General” means the Registrar General of England and Wales;
After section 11 insert—.
Section 22 (prohibition on disclosure of information), subsection (2)(a): after “section” insert “4A,”.
But a Panel need not include a medical member when determining an application under section 1(1)(a) for a certificate to be granted in accordance with section 3A.
After section 4 insert—.
Section 7 (applications: supplementary), subsection (1): after “1(1),” insert “4A,”.
A forces marriage is valid in law as if the marriage had been solemnized in the relevant part of the United Kingdom with a due observance of all forms required by the law of the relevant part of the United Kingdom.
An Order in Council under this Schedule may— An Order in Council under this Schedule may make provision corresponding to, or applying (with or without modifications), any UK legislation. An Order in Council under this Schedule may amend, repeal or revoke UK legislation.
Her Majesty may by Order in Council make provision for— in the presence of an authorised person, in cases where the authorised person is satisfied that the conditions in sub-paragraph (2) are met. The conditions are that— In a case where one person (“P”) treats, or has treated, another person (“C”), as a child of the family in relation to— C is to be regarded for the purposes of sub-paragraph (2)(a)(iii) as the child of P.
The Pension Schemes Act 1993 is amended as follows.
Section 99 (trustees’ duties after exercise of option), subsection (3)(b): for “his widow” substitute “his or her surviving spouse or civil partner”.
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.
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.
The provision that may be made by an order under subsection (1) or (2) includes provision amending UK legislation.
Schedule 7 (transitional and consequential provision etc) has effect.
Any power of the Secretary of State or Lord Chancellor to make an order or regulations under this Act is exercisable by statutory instrument.
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—
an order under section 8;
the first regulations under section 9(1);
the first regulations under section 9(2);
an order under section 14;
an order under section 16;
an order under section 17(1) or (2) which amends an Act of Parliament;
an order under paragraph 1 of Schedule 2;
an order under paragraph 2 of Schedule 2;
an order under paragraph 27 of Schedule 4;
an order under paragraph 9(8) of Schedule 6.
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—
regulations under section 9(1) (except for the first such regulations);
regulations under section 9(2) (except for the first such regulations);
an order under section 17(1) or (2) (unless it amends an Act of Parliament).
An order or regulations made under this Act may—
make different provision for different purposes,
make transitional, transitory or saving provision, or
make consequential provision.
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).
But the Secretary of State—
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
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.
Regulations made by the Registrar General under any enabling provision are subject to annulment in pursuance of a resolution of either House of Parliament.
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.
In subsections (5) to (8)—
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).
The Secretary of State or Lord Chancellor must—
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;
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.
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. Expression Meaning primary legislation — an Act of Parliament — an Act of the National Assembly for Wales — a Measure of the National Assembly for Wales — an Act of the Scottish Parliament — an Act of the Northern Ireland Assembly — a Measure of the Church of England subordinate legislation — a Canon of the Church of England — any Order in Council, order, rules, regulations, schemes, warrants, byelaws and other instruments made under primary legislation or under a Canon of the Church of England England and Wales legislation primary legislation and subordinate legislation which forms part of the law of England and Wales (whether or not it also forms part of the law of another jurisdiction) Northern Ireland legislation primary legislation and subordinate legislation which forms part of the law of Northern Ireland (whether or not it also forms part of the law of another jurisdiction) Scottish legislation primary legislation and subordinate legislation which forms part of the law of Scotland (whether or not it also forms part of the law of another jurisdiction) UK legislation — England and Wales legislation — Scottish legislation — Northern Ireland legislation
In this Act—
“new England and Wales legislation” has the meaning given in section 11;
Her Majesty may by Order in Council make provision for the issue of certificates of no impediment to— who wish to marry in prescribed countries or territories outside the United Kingdom. A certificate of no impediment is a certificate that no legal impediment to the recipient entering into the marriage has been shown to the person issuing the certificate to exist.
“superintendent registrar” means a superintendent registrar of births, deaths and marriages.
“registrar” means a registrar of births, deaths and marriages;
“survivor benefits” means survivor benefits provided under occupational pension schemes.
After section 44 insert—.
Section 11 does not alter the effect of any private legal instrument made before that section comes into force. In this paragraph “private legal instrument” includes— but (with the exception of the kinds of private Act mentioned above) it does not include England and Wales legislation.
Paragraph 18 of Schedule 9 to the Equality Act 2010 (work: exceptions) is amended as follows. Sub-paragraph (1): for “married” substitute “within sub-paragraph (1A)”. A person is within this sub-paragraph if the person is— The reference in sub-paragraph (1A)(c) to a relevant gender change case is a reference to a case where—
Section 29JA of the Public Order Act 1986 (protection of freedom of expression (sexual orientation)) is amended in accordance with this paragraph. The existing provision of section 29JA becomes subsection (1) of that section. After that provision insert—.
The Human Fertilisation and Embryology Act 2008 is amended as follows.
Section 35 (woman married at time of treatment) is amended in accordance with this paragraph. The title: after “married” insert “to a man”. Subsection (1)(a): after “marriage” insert “with a man”.
Section 40 (embryo transferred after death of husband etc who did not provide sperm), subsection (1)(b): after “marriage” insert “with a man”.
Section 42 (woman in civil partnership at time of treatment) is amended in accordance with this paragraph. The title: after “partnership” insert “or marriage to a woman”. Subsection (1)—
Section 46 (embryo transferred after death of civil partner or intended female parent) is amended in accordance with this paragraph. The title: after “civil partner” insert “or wife”. Subsection (1)—
For further interpretation provision relating to this Act, see paragraph 5 of Schedule 3.
This Act extends to England and Wales.
These provisions of this Act also extend to Scotland—
in Part 1, section 10(3) and Schedule 2;
Part 2, except for sections 14 and 15;
Part 3.
These provisions of this Act also extend to Northern Ireland—
in Part 1, section 10(3) and Schedule 2;
in Part 1, section 2(1) to (4) so far as relating to Orders in Council under Part 3 of Schedule 6;
Part 2, except for sections 14 to 16 ...;
Part 3.
Subsections (1) to (3) do not apply to an amendment or repeal or revocation made by this Act.
An amendment or repeal or revocation made by this Act has the same extent as the provision amended or repealed or revoked.
Subsection (5) is subject to subsections (7) to (9).
Any amendment of the following Acts extends to England and Wales only—
the Social Security Contributions and Benefits Act 1992;
the Pension Schemes Act 1993;
the Human Fertilisation and Embryology Act 2008.
The repeal of the Foreign Marriage Act 1892 made by section 13(2) does not extend to Northern Ireland (but see regulations 2 and 11 of the Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019).
Any amendment made by Part 2 of Schedule 5 does not extend to Northern Ireland (but see regulation 42(1) of the Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019).
This Act may be cited as the Marriage (Same Sex Couples) Act 2013.
This section and sections 15 and 16 come into force on the day on which this Act is passed.
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.