Marriage (Same Sex Couples) Act 2013

Part 5 of the Marriage Act 1949

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—

“70A Registration of chapels for marriages of same sex couples otherwise than according to rites of Church of England

(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.”.