Marriage (Same Sex Couples) Act 2013

• Citation: 2013 c. 30
• Sections: 141

Section 1 Extension of marriage to same sex couples

(1) Marriage of same sex couples is lawful.

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

(a) Part 3 of the Marriage Act 1949,

(b) Part 5 of the Marriage Act 1949,

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

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

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

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

(5) A “member of the clergy” is—

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

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

Section 2 Marriage according to religious rites: no compulsion to solemnize etc

(1) A person may not be compelled by any means (including by the enforcement of a contract or a statutory or other legal requirement) to—

(a) undertake an opt-in activity, or

(b) refrain from undertaking an opt-out activity.

(2) A person may not be compelled by any means (including by the enforcement of a contract or a statutory or other legal requirement)—

(a) to conduct a relevant marriage,

(b) to be present at, carry out, or otherwise participate in, a relevant marriage, or

(c) to consent to a relevant marriage being conducted,

where the reason for the person not doing that thing is that the relevant marriage concerns a same sex couple.

(3) In this section—

“ opt-in activity ” means an activity of the kind specified in an entry in the first column of the following table which falls to be undertaken for the purposes of any enactment specified in the corresponding entry in the second column;

“ opt-out activity ” means an activity which reverses, or otherwise modifies, the effect of an opt-in activity.

— 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)

Any of these provisions of the 1949 Act:

section 43A(3);

section 43B(2);

section 44A(7)

(4) In this section—

“ 1949 Act ” means the Marriage Act 1949;

“ armed forces overseas marriage Order ” means an Order in Council under Part 3 of Schedule 6;

“person”—

includes a religious organisation;

does not include a registrar, a superintendent registrar or the Registrar General;

“ relevant marriage ” means—

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

a marriage ceremony read or celebrated in accordance with section 46 of the 1949 Act in respect of a same sex couple (religious ceremony after registrar's marriage of same sex couple);

and a reference to conducting a relevant marriage is to be read accordingly.

(5) In section 110 of the Equality Act 2010 (liability of employees and agents), after subsection (5) insert—

(5A) A does not contravene this section if A—

(a) does not conduct a relevant marriage,

(b) is not present at, does not carry out, or does not otherwise participate in, a relevant marriage, or

(c) does not consent to a relevant marriage being conducted,

for the reason that the marriage is the marriage of a same sex couple.

(5B) Subsection (5A) applies to A only if A is within the meaning of “ person ” for the purposes of section 2 of the Marriage (Same Sex Couples) Act 2013; and other expressions used in subsection (5A) and section 2 of that Act have the same meanings in that subsection as in that section.

(6) In Schedule 3 to the Equality Act 2010 (services and public functions: exceptions), after Part 6 insert—

Marriage of same sex couples in England and Wales

Marriage according to religious rites: no compulsion to solemnize etc

(25A)

(1) A person does not contravene section 29 only because the person—

(a) does not conduct a relevant marriage,

(b) is not present at, does not carry out, or does not otherwise participate in, a relevant marriage, or

(c) does not consent to a relevant marriage being conducted,

for the reason that the marriage is the marriage of a same sex couple.

(2) Expressions used in this paragraph and in section 2 of the Marriage (Same Sex Couples) Act 2013 have the same meanings in this paragraph as in that section.

Section 3 Marriage for which no opt-in necessary

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

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

(26)

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

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

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

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

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

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

(dd) a qualifying residential marriage;

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

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

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

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

Section 4 Opt-in: marriage in places of worship

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

Opt-in to marriage of same sex couples: places of worship

(26A)

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

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

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

(4) For that purpose, in relation to a building—

“ relevant governing authority ” means the person or persons recognised by the members of the relevant religious organisation as competent for the purpose of giving consent for the purposes of this section;

“ relevant religious organisation ” means the religious organisation for whose religious purposes the building is used.

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

(6) This section is subject (in particular) to sections 44A to 44C (registration of shared buildings for marriage of same sex couples) and regulations made under any of those sections.

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

Section 5 Opt-in: other religious ceremonies

After section 26A of the Marriage Act 1949 insert—

Opt-in to marriage of same sex couples: other religious ceremonies

(26B)

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

(2) Case A is where—

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

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

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

(4) Case B is where—

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

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

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

In that table—

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

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

(6) Case C is where—

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

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

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

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

(7) For that purpose—

“ relevant governing authority ” means the person or persons recognised by the members of the relevant religious organisation as competent for the purpose of giving consent for the purposes of this section;

“ relevant religious organisation ” means the religious organisation according to whose rites or usages the marriage is to be solemnized.

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

Section 6 Armed forces chapels

(1) Part 5 of the Marriage Act 1949 is amended as follows.

(2) Section 68 (solemnization of marriages in naval, military and air force chapels): after subsection (1) insert—

(1A) Nothing in this Part of this Act which applies to the marriage of same sex couples applies to marriage according to the rites of the Church of England.

(3) Section 70 (registration of chapels for marriages otherwise than according to rites of Church of England): after subsection (3) insert—

(4) This section does not apply to the marriage of same sex couples.

(4) After section 70 insert—

Registration of chapels for marriages of same sex couples otherwise than according to rites of Church of England

(70A)

(1) The Secretary of State may apply to the Registrar General for a chapel to which this Part applies to be registered for the solemnization of marriages of same sex couples.

(2) Where an application is made under this section, subsections (1) to (3) of section 70 apply to the application as if it had been made under section 70.

(3) Where a chapel is registered on an application under this section, subsections (1) to (3) of section 70 apply in relation to the chapel as if it had been registered on an application under section 70.

(4) Any application for the cancellation of a registration is to be made by the Secretary of State.

(5) The Secretary of State may by statutory instrument make regulations about—

(a) the registration of chapels under this section, and

(b) the cancellation of registrations.

(6) The regulations may, in particular, make provision—

(a) as to the procedures to be followed by the Secretary of State in making an application for registration or an application for cancellation of a registration;

(b) as to the procedures to be followed by the Registrar General on an application for registration or an application for cancellation of a registration;

(c) as to consents required before an application for registration may be made (including such provision amending section 2 of the Marriage (Same Sex Couples) Act 2013 as the Secretary of State considers appropriate to secure that the giving of such a consent is an opt-in activity under that section).

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

(8) In this section a reference to the cancellation of a registration is a reference to the cancellation, under section 70(2) (as applied by this section), of a registration under this section.

Section 7 Opt-in: “deathbed marriages”

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

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

(4) For that purpose—

“ relevant governing authority ” means the person or persons recognised by the members of the relevant religious organisation as competent for the purpose of giving consent for the purposes of this section;

“ relevant religious organisation ” means the religious organisation according to whose rites or usages the marriage is to be solemnized.

Section 8 Power to allow for marriage of same sex couples in Church in Wales

(1) This section applies if the Lord Chancellor is satisfied that the Governing Body of the Church in Wales has resolved that the law of England and Wales should be changed to allow for the marriage of same sex couples according to the rites of the Church in Wales.

(2) The Lord Chancellor must, by order, make such provision as the Lord Chancellor considers appropriate to allow for the marriage of same sex couples according to the rites of the Church in Wales.

(3) The provision that may be made by an order under this section includes provision amending England and Wales legislation.

(4) In making an order under this section, the Lord Chancellor must have regard to the terms of the resolution of the Governing Body mentioned in subsection (1).

(5) If it appears to the Lord Chancellor—

(a) that a reference in this section to the Governing Body has ceased to be appropriate by reason of a change in the governance arrangements of the Church in Wales, the reference has effect as a reference to such person or persons as the Lord Chancellor thinks appropriate; or

(b) that a reference in this section to a resolution has ceased to be appropriate for that reason, the reference has effect as a reference to such decision or decisions as the Lord Chancellor thinks appropriate.

(6) In Schedule 7 to the Constitutional Reform Act 2005 (functions of the Lord Chancellor which may not be transferred under the Ministers of the Crown Act 1975), in paragraph 4, at the end of Part A insert—

Marriage (Same Sex Couples) Act 2013

Section 8

Section 9 Conversion of civil partnership into marriage

(1) 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.

(2) 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.

(2A) Subsections (1) and (2) apply only where both parties to the civil partnership are of the same sex.

(3) A civil partnership is within this subsection if—

(a) 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

(b) 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.

(4) Regulations under this section may in particular make—

(a) provision about the making by the parties to a civil partnership of an application to convert their civil partnership into a marriage;

(b) provision about the information to be provided in support of an application to convert;

(c) provision about the making of declarations in support of an application to convert;

(d) provision for persons who have made an application to convert to appear before any person or attend at any place;

(e) provision conferring functions in connection with applications to convert on relevant officials, relevant armed forces personnel, the Secretary of State, or any other persons;

(f) provision for fees, of such amounts as are specified in or determined in accordance with the regulations, to be payable in respect of—

(i) the making of an application to convert;

(ii) the exercise of any function conferred by virtue of paragraph (e).

(5) Functions conferred by virtue of paragraph (e) of subsection (4) may include functions relating to—

(a) the recording of information on the conversion of civil partnerships;

(b) the issuing of certified copies of any information recorded;

(ba) 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);

(c) the conducting of services or ceremonies (other than religious services or ceremonies) following the conversion of a civil partnership.

(5A) Subsection (5B) applies where regulations under this section provide for a fee to be payable to a superintendent registrar or registrar.

(5B) 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.

(5C) The regulations may provide for the reduction, waiver or refund of part or all of a fee whether by conferring a discretion or otherwise.

(6) Where a civil partnership is converted into a marriage under this section—

(a) the civil partnership ends on the conversion, and

(b) the resulting marriage is to be treated as having subsisted since the date the civil partnership was formed.

(7) In this section—

“ 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);

“ relevant armed forces personnel ” means—

a member of Her Majesty's forces;

a civilian subject to service discipline (within the meaning of the Armed Forces Act 2006);

and for this purpose “ Her Majesty's forces ” has the same meaning as in the Armed Forces Act 2006;

“ relevant official ” means—

the Registrar General;

a superintendent registrar;

a registrar;

a consular officer in the service of Her Majesty's government in the United Kingdom;

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 10 Extra-territorial matters

(1) A marriage under—

(a) the law of any part of the United Kingdom (other than England and Wales), or

(b) the law of any country or territory outside the United Kingdom,

is not prevented from being recognised under the law of England and Wales only because it is the marriage of a same sex couple.

(2) For the purposes of this section it is irrelevant whether the law of a particular part of the United Kingdom, or a particular country or territory outside the United Kingdom—

(a) already provides for marriage of same sex couples at the time when this section comes into force, or

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

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

Section 11 Effect of extension of marriage

(1) In the law of England and Wales, marriage has the same effect in relation to same sex couples as it has in relation to opposite sex couples.

(2) The law of England and Wales (including all England and Wales legislation whenever passed or made) has effect in accordance with subsection (1).

(3) Schedule 3 (interpretation of legislation) has effect.

(4) Schedule 4 (effect of extension of marriage: further provision) has effect.

(5) For provision about limitations on the effects of subsections (1) and (2) and Schedule 3, see Part 7 of Schedule 4.

(6) Subsections (1) and (2) and Schedule 3 do not have any effect in relation to—

(a) Measures and Canons of the Church of England (whenever passed or made),

(b) subordinate legislation (whenever made) made under a Measure or Canon of the Church of England, or

(c) other ecclesiastical law (whether or not contained in England and Wales legislation, and, if contained in England and Wales legislation, whenever passed or made).

(7) In Schedules 3 and 4—

“ existing England and Wales legislation ” means—

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

in the case of England and Wales legislation that is subordinate legislation, legislation made on or before the day on which this Act is passed (excluding legislation made under this Act);

“ new England and Wales legislation ” means—

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 the case of England and Wales legislation that is subordinate legislation, legislation made after the day on which this Act is passed.

Section 12 Change of gender of married persons or civil partners

Schedule 5 (change of gender of married persons or civil partners) has effect.

Section 13 Marriage overseas

(1) Schedule 6 (marriage overseas) has effect.

(2) The Foreign Marriage Act 1892 is repealed.

Section 14 Marriage according to the usages of belief organisations

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

(a) whether an order under subsection (4) should be made permitting marriages according to the usages of belief organisations to be solemnized on the authority of a marriage schedule , and

(b) if so, what provision should be included in the order.

(2) The arrangements made by the Secretary of State under subsection (1) must provide for the review to include a full public consultation.

(3) The Secretary of State must arrange for a report on the outcome of the review to be produced and published before 1 January 2015.

(4) The Secretary of State may by order make provision for and in connection with permitting marriages according to the usages of belief organisations to be solemnized on the authority of a marriage schedule .

(5) An order under subsection (4) may—

(a) amend any England and Wales legislation;

(b) make provision for the charging of fees.

(6) An order under subsection (4) must provide that no religious service may be used at a marriage which is solemnized in pursuance of the order.

(7) In this section “ belief organisation ” means an organisation whose principal or sole purpose is the advancement of a system of non-religious beliefs which relate to morality or ethics.

Section 15 Review of civil partnership

(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.

Section 16 Survivor benefits under occupational pension schemes

(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—

surviving civil partners, and

surviving spouses of marriages of same sex couples;

“ survivor benefits ” means survivor benefits provided under occupational pension schemes.

Section 17 Transitional and consequential provision

(1) The Secretary of State or Lord Chancellor may, by order, make such transitional, transitory or saving provision as the Secretary of State or Lord Chancellor considers appropriate in connection with the coming into force of any provision of this Act.

(2) The Secretary of State or Lord Chancellor may, by order, make such provision as the Secretary of State or Lord Chancellor considers appropriate in consequence of this Act.

(3) The provision that may be made by an order under subsection (1) or (2) includes provision amending UK legislation.

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

Section 18 Orders and regulations

(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—

regulations under section 9(1) or (2), or

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.

Section 19 Interpretation

(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.

Section 20 Extent

(1) This Act extends to England and Wales.

(2) These provisions of this Act also extend to Scotland—

(a) in Part 1, section 10(3) and Schedule 2;

(b) Part 2, except for sections 14 and 15;

(c) Part 3.

(3) These provisions of this Act also extend to Northern Ireland—

(za) in Part 1, section 2(1) to (4) so far as relating to Orders in Council under Part 3 of Schedule 6;

(a) in Part 1, section 10(3) and Schedule 2;

(b) Part 2, except for sections 14 to 16 ...;

(c) Part 3.

(4) Subsections (1) to (3) do not apply to an amendment or repeal or revocation made by this Act.

(5) An amendment or repeal or revocation made by this Act has the same extent as the provision amended or repealed or revoked.

(6) Subsection (5) is subject to subsections (7) to (9).

(7) Any amendment of the following Acts extends to England and Wales only—

(a) the Social Security Contributions and Benefits Act 1992;

(b) the Pension Schemes Act 1993;

(c) the Human Fertilisation and Embryology Act 2008.

(8) The repeal of the Foreign Marriage Act 1892 made by section 13(2) does not extend to Northern Ireland (but see regulations 2 and 11 of the Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019) .

(9) 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) .

Section 21 Short title and commencement

(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.

Section 1

Part 3 of the Marriage Act 1949 is amended in accordance with this Schedule.

Section 2

After section 43 insert—

Registration of buildings: marriage of same sex couples

(43A)

(1) A building that has been certified as required by law as a place of religious worship may be registered under this section for the solemnization of marriages of same sex couples.

(2) Any application for registration of a building under this section is to be made—

(a) by a proprietor or trustee of the building;

(b) to the superintendent registrar of the registration district in which the building is situated.

(3) An application for registration of a building under this section must be accompanied by—

(a) a certificate, given by the applicant and dated not earlier than one month before the making of the application, that the persons who are the relevant governing authority in relation to the building have given written consent to marriages of same sex couples as mentioned in section 26A(3),

(b) a copy of that consent, and

(c) if the building is not already registered under section 41, a certificate of use for religious worship.

(4) The superintendent registrar must send to the Registrar General—

(a) the certificate or certificates, and

(b) the copy of the consent,

which accompany an application under this section.

(5) The Registrar General must then register the building.

(6) A building may be registered for the solemnization of marriages under this section whether it is a separate building or forms part of another building.

(7) In this section, in relation to an application under this section, “ certificate of use for religious worship ” means a certificate given by at least twenty householders and dated not earlier than one month before the making of the application, stating that they—

(a) use the building as their usual place of public religious worship, and

(b) wish the building to be registered under this section.

Buildings registered under section 43A: appointment of authorised persons

(43B)

(1) For the purpose of enabling marriages to be solemnized in a building registered under section 43A without the presence of a registrar, the trustees or governing body of that building may authorise a person to be present at the solemnization of marriages in that building.

(2) Where a person is so authorised in respect of any building registered under section 43A, the trustees or governing body of that building must certify the name and address of the person so authorised to—

(a) the Registrar General, and

(b) the superintendent registrar of the registration district in which the building is situated.

(3) The power conferred by this section may only be exercised after the end of the relevant one year period (and, if that period has ended before the date of the registration under section 43A, the power may accordingly be exercised immediately).

(4) The relevant one year period is the period of one year beginning with the date of the registration of the building under section 43A (the “new registration”).

(5) But if—

(a) there is any earlier registration of the building under section 41 which is still in force at the date of the new registration, or

(b) there has been any earlier qualifying registration of a previous building,

the relevant one year period is the period of one year beginning with the date of that registration (or the earlier of those dates).

(6) For that purpose there is a qualifying registration of a previous building if—

(a) the congregation on whose behalf the new registration is made previously used another building for the purpose of public religious worship,

(b) that building was registered under section 41 or 43A, and

(c) that registration was cancelled not more than one month before the date of the new registration.

(7) A reference in this section to the solemnization of marriage is a reference to the solemnization of marriage of a same sex couple.

(8) Nothing in this section is to be taken to relate or have any reference to marriages solemnized according to the usages of the Society of Friends or of persons professing the Jewish religion.

Cancellation of registration under section 43A

(43C)

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

(2) Any application under this section is to be made—

(a) by a proprietor or trustee of the building;

(b) to the superintendent registrar of the registration district in which the building is situated.

(3) The superintendent registrar must forward any application under this section to the Registrar General; and the Registrar General must then cancel the registration of the building.

(4) This section is subject (in particular) to sections 44A to 44C (registration of shared buildings for marriage of same sex couples) and regulations made under any of those sections.

Regulations about sections 41 and 43 and 43A to 43C

(43D)

(1) The Secretary of State may by statutory instrument make regulations about the procedures to be followed and the fees payable—

(a) on registration applications;

(b) in relation to section 43B authorisations;

(c) on cancellation applications.

(2) The Secretary of State may by statutory instrument make—

(a) regulations modifying the application of section 41 or 43 in relation to buildings that are already registered under section 43A;

(b) regulations about cases where a person makes applications under sections 41 and 43A, or gives or certifies authorisations under sections 43 and 43B, in respect of the same building at the same time (including provision modifying any requirement imposed by any of those sections or by regulations under subsection (1) of this section).

(3) A statutory instrument containing regulations made under this section is subject to annulment in pursuance of a resolution of either House of Parliament.

(4) In this section—

“ cancellation application ” means an application under section 43C for the cancellation of the registration of a building;

“ registration application ” means an application under section 43A for the registration of a building;

“ section 43B authorisation ” means the authorisation of a person under section 43B to be present at the solemnization of marriages in a building registered under section 43A.

Section 3

After section 44 insert—

Registration of shared buildings for marriage of same sex couples

Building subject to Sharing of Church Buildings Act 1969: registration

(44A)

(1) This section applies to a registration application relating to a building that is—

(a) subject to a sharing agreement, or

(b) used as mentioned in section 6(4) of the 1969 Act.

(2) The registration application must be made in accordance with section 43A (as read with section 26A(3)).

(3) But those provisions have effect subject to the following provisions of this section.

(4) Each of the sharing churches is a relevant religious organisation for the purposes of section 26A(3).

(5) A consent given under section 26A(3) (a “consent to marriages of same sex couples”) by the relevant governing authority of any of the sharing churches is therefore sufficient for the registration application to be made in compliance with section 26A(3) (and references to the consent of the relevant governing authority in section 43A are to be read accordingly).

(6) But the registration application may not be made unless the relevant governing authorities of each of the sharing churches (other than those which have given consents to marriages of same sex couples) have given a separate written consent to the use of the shared building for the solemnization of marriages of same sex couples (a “consent to use”).

(7) The registration application must also be accompanied by—

(a) a certificate, given by the applicant and dated not more than one month before the making of the application, that the relevant governing authorities mentioned in subsection (6) have given written consents to use, and

(b) copies of those consents.

(8) The superintendent registrar must also send to the Registrar General—

(a) the certificate, and

(b) the copies of the consents,

which accompany the application in accordance with subsection (7).

(9) The Registrar General must not register the shared building unless and until subsection (8) and the requirements of section 43A have been complied with.

(10) The Secretary of State may by statutory instrument make regulations containing such provision supplementing this section as the Secretary of State thinks appropriate.

Building subject to Sharing of Church Buildings Act 1969: cancellation

(44B)

(1) This section applies to a cancellation application relating to a building that is—

(a) subject to a sharing agreement, or

(b) used as mentioned in section 6(4) of the 1969 Act.

(2) The cancellation application must be made in accordance with section 43C.

(3) But section 43C has effect subject to the following provisions of this section.

(4) The cancellation application may be made either—

(a) by a proprietor or trustee of the building, or

(b) by the relevant governing authority of any of the sharing churches.

(5) For that purpose, in relation to a sharing church, “ relevant governing authority ” means the person or persons recognised by the members of the sharing church as competent for the purpose of making an application under section 43C in the circumstances to which this section applies.

(6) In a case where the cancellation application is made by a relevant governing authority in accordance with subsection (4)(b)—

(a) the application must be accompanied by a certificate, given by persons making the application, that they are the relevant governing authority of one of the sharing churches; and

(b) the superintendent registrar must (in addition to forwarding the application in accordance with section 43C(3)) send a copy of that certificate to the Registrar General.

(7) The Secretary of State may by statutory instrument make regulations containing such provision supplementing this section as the Secretary of State thinks appropriate.

Other shared places of worship: registration and cancellation

(44C)

(1) The Secretary of State may by statutory instrument make regulations about—

(a) registration applications relating to other shared places of worship;

(b) cancellation applications relating to other shared places of worship;

(c) the sharing churches' use of other shared places of worship (in cases where those places are registered under section 43A) for the solemnization of marriages of same sex couples.

(2) The provision that may be made under subsection (1)(a) or (b) includes provision about the procedures to be followed on registration applications or cancellation applications.

(3) In this section “ other shared place of worship ” means a shared building—

(a) which has been certified as required by law as a place of religious worship, but

(b) to which sections 44A and 44B do not apply because the building is neither—

(i) subject to a sharing agreement, nor

(ii) used as mentioned in section 6(4) of the 1969 Act.

Sections 44A to 44C: supplementary provision

(44D)

(1) In sections 44A to 44C (and this section)—

“ 1969 Act ” means the Sharing of Church Buildings Act 1969;

“ cancellation application ” means an application under section 43C for the cancellation of the registration of a building;

“ registration application ” means an application under section 43A for the registration of a building;

“ sharing agreement ” has the meaning given in section 1 of the 1969 Act;

“ shared building ” means a building that is—

subject to a sharing agreement,

used as mentioned in section 6(4) of the 1969 Act, or

otherwise shared;

“ shared building provisions ” means sections 44A to 44C;

“ sharing churches ” means—

in the case of a building subject to a sharing agreement, the churches that have made the agreement;

in the case of a building used as mentioned in section 6(4) of the 1969 Act, the churches that so use it;

in the case of any other shared building, the religious organisations (whether Christian or of another faith) that share it.

(2) Regulations under any of the shared building provisions may provide for a registration application relating to a shared building to be made otherwise than by the proprietor or trustee of the building (whether or not the proprietor or trustee retains power to make such an application).

(3) Regulations under any of the shared building provisions may make provision about any of these cases—

(a) the case where a building registered under section 43A becomes a shared building;

(b) the case where a building registered under section 43A ceases to be a shared building;

(c) the case where a building is registered under section 43A and there is a change in the churches which are sharing churches;

and the provision that may be made about such a case includes provision for the modification, suspension or cancellation of the registration under section 43A.

(4) Regulations under any of the shared building provisions may make provision about the use of shared buildings for the solemnization of—

(a) marriages of same sex couples according to the usages of the Society of Friends (commonly called Quakers), and

(b) marriages of same sex couples professing the Jewish religion according to the usages of the Jews.

(5) The provision that may be made about the use of shared buildings for the solemnization of such marriages includes—

(a) provision about the giving of consent by the relevant governing authority for the purposes of a registration application or cancellation application (including provision for identifying the relevant governing authority);

(b) provision corresponding to, or applying, any provision of section 43B (with or without modifications).

(6) Regulations under any of the shared buildings provisions may amend any England and Wales legislation.

(7) Subsections (2) to (6) do not limit the power under any of the shared building provisions to make regulations.

(8) A statutory instrument containing regulations under any of the shared building provisions may not be made unless a draft of the instrument has been laid before, and approved by resolution of, each House of Parliament.

Section 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).

(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.

Section 2

(1) Under the law of Northern Ireland, a marriage of a same sex couple under the law of England and Wales is to be treated as a civil partnership formed under the law of England and Wales (and accordingly, the spouses are to be treated as civil partners).

(1A) 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).

(2) The Secretary of State may by order—

(a) provide for the treatment of a marriage as a civil partnership (by virtue of sub-paragraph (1)) to have effect subject to provision made by the order;

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

Section 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—

(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—

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

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—

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

in the case of UK legislation that is subordinate legislation, legislation made after the day on which this Act is passed.

Section 4

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

(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—

the dissolution or annulment of a civil partnership obtained from a court of civil jurisdiction in any part of the United Kingdom;

an overseas dissolution or annulment;

“ relevant couple ” means the same sex couple who are parties to the actual marriage;

“ separation order ” means—

a legal separation of the parties to a civil partnership obtained from a court of civil jurisdiction in any part of the United Kingdom;

an overseas legal separation of the parties to a civil partnership.

Section 5

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

(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 1

(1) In existing England and Wales legislation—

(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.

Section 2

(1) In existing England and Wales legislation—

(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.

Section 3

(1) This paragraph applies to existing England and Wales legislation which deals differently with—

(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.

Section 4

This Part of this Schedule does not limit section 11(1) or (2).

Section 5

(1) This paragraph applies to provision made by—

(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 1

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

(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.

Section 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.

(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.

Section 3

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

(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.

Section 4

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

(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.

Section 5

The Domicile and Matrimonial Proceedings Act 1973 is amended as follows.

Section 6

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

(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) ” .

Section 7

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 8

Before Schedule 1 insert—

SCHEDULE A1 Jurisdiction in relation to marriage of same sex couples

Introduction

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

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

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

(c) proceedings for a declaration of validity.

Divorce, judicial separation or annulment

(2)

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

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

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

(c) the following conditions are met—

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

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

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

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

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

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

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

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

(c) the following conditions are met—

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

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

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

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

Presumption of death order

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

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

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

Declaration of validity

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

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

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

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

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

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

Power to make provision corresponding to EC Regulation 2201/2003

(5)

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

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

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

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

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

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

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

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

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

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

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

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

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

Interpretation

(6) In this Schedule “ declaration of validity ” means—

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

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

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

Section 9

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) ” .

Section 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.

(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—

(3) The 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.

Section 11

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Section 12

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Section 13

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Section 14

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

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

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

(i) men and their late husbands, and

(ii) women and their late wives,

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

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

(i) men and their late husbands, and

(ii) women and their late wives,

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

(3) After subsection (2) insert—

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

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

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

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

Section 15

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

(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.

Section 16

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