Marriage (Same Sex Couples) Act 2013 Explanatory Notes

1. Introduction

   1. Background and summary

      1. Background

      2. Summary

   2. Overview of the structure of the Act

   3. Territorial extent and application

      1. General

         1. Provisions which extend to Scotland

         2. Provisions which extend to Northern Ireland

      2. Scotland

      3. Wales

      4. Northern Ireland

2. Commentary on Sections and Schedules

   1. Part 1 – Marriage of same sex couples in England and Wales

      1. Extension of marriage

         1. Section 1 – Extension of marriage to same sex couples

      2. Religious protection

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

   2. Part 3 of the Marriage Act 1949

      1. Section 3 – Marriage for which no opt-in necessary

      2. Section 4 – Opt-in: marriage in places of worship

      3. Section 5 – Opt-in: other religious ceremonies

   3. Part 5 of the Marriage Act 1949

      1. Section 6 – Armed forces chapels

      2. The Marriage (Registrar General’s Licence) Act 1970

         1. Section 7 – Opt-in: “deathbed marriages”

      3. The Church in Wales

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

      4. Other provisions relating to marriages of same sex couples

         1. Section 9 – Conversion of civil partnership into marriage

         2. Section 10 – Extra-territorial matters

      5. Effect of extension of marriage

         1. Section 11 – Effect of extension of marriage

   4. Part 2 – Other provisions relating to marriage and civil partnership

      1. Section 12 – Change of gender of married persons or civil partners

      2. Section 13 – Marriage overseas

      3. Section 14 – Marriages according to the usages of belief organisations

      4. Section 15 – Review of civil partnership

      5. Section 16 – Survivor benefits under occupational pension schemes

   5. Part 3 – Final provisions

      1. Section 17 – Transitional and consequential provision

      2. Section 18 – Orders and regulations

      3. Section 19 – Interpretation

      4. Section 20 – Extent

      5. Section 21 – Short title and commencement

   6. Schedule 1 – Registration of buildings etc

      1. Introduction

      2. Registration of buildings

      3. Shared buildings

   7. Schedule 2 – Extra-territorial matters

      1. Part 1 – English and Welsh marriages of same sex couples: treatment in Scotland and Northern Ireland

      2. Part 2 – Marriage treated as civil partnership: dissolution, annulment or separation

      3. Part 3 – England and Wales: “overseas relationships” in Civil Partnership Act 2004

   8. Schedule 3 – Interpretation of legislation

      1. Part 1 – Existing England and Wales legislation

      2. Part 2 – New England and Wales legislation

   9. Schedule 4 – Effect of extension of marriage: further provision

      1. Part 1 – Private legal instruments

      2. Part 2 – Presumption on birth of child to married woman

      3. Part 3 – Divorce and annulment of marriage

      4. Part 4 – Matrimonial proceedings

      5. Part 5 – State pensions

      6. Part 6 – Occupational pensions and survivor benefits

      7. Part 7 – Provisions which limit equivalence of all marriages etc

   10. Schedule 5 – Change of gender of married persons or civil partners

       1. Part 1

       2. Part 2 – Alternative grounds for granting applications for gender recognition certificates

   11. Schedule 6 – Marriage overseas

       1. Part 1 – Consular marriage under UK law

       2. Part 2 – Marriage under foreign law: certificates of no impediment

       3. Part 3 – Marriage of forces personnel under UK law

       4. Part 4 – General provisions

   12. Schedule 7 – Transitional and consequential provision etc

       1. Part 1 – Transitional and transitory provision

       2. Part 2 – Minor and consequential amendments

   13. Commencement

3. Hansard References