2U.K.The Marriage Act 1949 is amended as follows.
Commencement Information
I1Sch. 7 para. 2 in force at 13.3.2014 by S.I. 2014/93, art. 3(k)(i)
3U.K.Section 3 (marriages of persons under 18), subsection (1): after “widow” insert “ or a surviving civil partner ”.
Commencement Information
I2Sch. 7 para. 3 in force at 13.3.2014 by S.I. 2014/93, art. 3(k)(i)
4(1)Section 25 (void marriages) is amended as follows.U.K.
(2)At the beginning insert—
“(1)A marriage shall be void in any of the following cases.”.
(3)The existing wording of section 25 becomes subsection (2) of that section; and, at the beginning of that subsection, for “If any persons” substitute—
“(2)Case A is where any persons”.
(4)For the words after paragraph (d) substitute—
“(3)Case B is where any persons knowingly and wilfully consent to or acquiesce in the solemnization of a Church of England marriage between them by a person who is not in Holy Orders.
(4)Case C is where any persons of the same sex consent to or acquiesce in the solemnization of a Church of England marriage between them.
(5)In subsections (3) and (4) “Church of England marriage” means a marriage according to the rites of the Church of England.”.
Commencement Information
I3Sch. 7 para. 4 in force at 13.3.2014 by S.I. 2014/93, art. 3(k)(i)
5U.K.Section 27A (additional information required in certain cases), subsection (1): after “section 26(1)(dd)” insert “ or 26B(6) ”.
Commencement Information
I4Sch. 7 para. 5 in force at 13.3.2014 by S.I. 2014/93, art. 3(k)(i)
6U.K.After section 27C insert—
(1)This section applies in relation to any marriage intended to be solemnized in pursuance of section 26B(2), (4) or (6) (marriage of same sex couples: Quaker marriage, Jewish marriage, marriage of house-bound or detained person).
(2)The superintendent registrar to whom notice of such a marriage is given under section 27 may require the relevant governing authority to provide a copy of the consent mentioned in section 26B(2)(b), (4)(b) or (6)(d).
(3)In this section, “relevant governing authority”, in relation to an intended marriage under section 26B(2), (4) or (6), has the same meaning as in that provision.”.
Commencement Information
I5Sch. 7 para. 6 in force at 13.3.2014 by S.I. 2014/93, art. 3(k)(i)
7(1)Section 28A (power to require evidence) is amended in accordance with this paragraph.U.K.
(2)After subsection (1) insert—
“(1A)In the case of an intended marriage to which section 27D applies, the superintendent registrar to whom the notice of the marriage is given may require the relevant governing authority to produce evidence relating to the consent mentioned in section 26B(2)(b), (4)(b) or (6)(d).”.
(3)Subsection (2): for “Such a requirement” substitute “ A requirement under subsection (1) or (1A) ”.
Commencement Information
I6Sch. 7 para. 7 in force at 13.3.2014 by S.I. 2014/93, art. 3(k)(i)
8(1)Section 41 (registration of buildings) is amended in accordance with this paragraph.U.K.
(2)The title: at the end insert “ : marriage of a man and a woman ”.
(3)After subsection (1) insert—
“(1A)A reference in this section to the solemnization of marriage is a reference to the solemnization of marriage of a man and a woman.”.
Commencement Information
I7Sch. 7 para. 8 in force at 13.3.2014 by S.I. 2014/93, art. 3(k)(i)
9(1)Section 42 (cancellation of registration and substitution of another building) is amended in accordance with this paragraph.U.K.
(2)For the title substitute “ Cancellation of registration under section 41: building no longer used ”.
(3)Subsection (1): for “registered building” substitute “ building registered under section 41 ”.
Commencement Information
I8Sch. 7 para. 9 in force at 13.3.2014 by S.I. 2014/93, art. 3(k)(i)
10(1)Section 43 (appointment of authorised persons) is amended in accordance with this paragraph.U.K.
(2)For the title substitute “ Buildings registered under section 41: appointment of authorised persons ”.
(3)Subsection (1): for “registered building” (in each place) substitute “ building registered under section 41 ”.
(4)For the proviso to subsection (1) substitute—
“(1A)The power conferred by this section may only be exercised after the end of the relevant one year period (and, if that period has ended before the date of the registration under section 41, the power may accordingly be exercised immediately).
(1B)The relevant one year period is the period of one year beginning with the date of the registration of the building under section 41 (the “new registration”).
(1C)But if—
(a)there is any earlier registration of the building under section 43A which is still in force at the date of the new registration, or
(b)there has been any earlier qualifying registration of a previous building,
the relevant one year period is the period of one year beginning with the date of that registration (or the earlier of those dates).
(1D)For that purpose there is a qualifying registration of a previous building if—
(a)the congregation on whose behalf the new registration is made previously used another building for the purpose of public religious worship,
(b)that building was registered under section 41 or 43A, and
(c)that registration was cancelled not more than one month before the date of the new registration.”.
(5)Omit subsection (2).
Commencement Information
I9Sch. 7 para. 10 in force at 13.3.2014 by S.I. 2014/93, art. 3(k)(i)
11U.K.Section 44 (solemnization of marriage in registered building), subsection (2)(b): for “the last foregoing section” substitute “ section 43 (in the case of the marriage of a man and a woman), or section 43B (in the case of the marriage of a same sex couple), ”.
Commencement Information
I10Sch. 7 para. 11 in force at 13.3.2014 by S.I. 2014/93, art. 3(k)(i)
12U.K.Section 45A (solemnization of certain marriages), subsection (1): after “section 26(1)(dd)” insert “ or 26B(6) ”.
Commencement Information
I11Sch. 7 para. 12 in force at 13.3.2014 by S.I. 2014/93, art. 3(k)(i)
13(1)Section 46 (register office marriage followed by religious ceremony) is amended in accordance with this paragraph.U.K.
(2)Subsection (1): for “marriage solemnised in the presence of a superintendent registrar” substitute “ relevant marriage ”.
(3)After subsection (1) insert—
“(1A)In this section “relevant marriage” means—
(a)the marriage of a man and a woman solemnized in the presence of a superintendent registrar,
(b)the marriage of a same sex couple solemnized in the presence of a superintendent registrar, and
(c)a marriage which arises from the conversion of a civil partnership under regulations under section 9 of the Marriage (Same Sex Couples) Act 2013.
(1B)This section does not authorise the marriage service of the Church of England to be read or celebrated in the case of a relevant marriage of a same sex couple.
(1C)This section does not authorise any other marriage service to be read or celebrated in the case of a relevant marriage of a same sex couple unless the relevant governing authority has given written consent to the reading or celebration of that service in the case of such marriages.
(1D)For that purpose—
“relevant governing authority” means the person or persons recognised by the members of the relevant religious organisation as competent for the purpose of giving consent for the purposes of this section;
“relevant religious organisation” means the religious organisation whose marriage service is to be read or celebrated.”.
Commencement Information
I12Sch. 7 para. 13 in force at 13.3.2014 by S.I. 2014/93, art. 3(k)(i)
14U.K.Section 48 (proof of certain matters not necessary to validity of marriages), subsection (1)—
(a)paragraph (d): omit “or”;
(b)after paragraph (d) insert—
“(da)that, in the case of a marriage under section 26B(2), (4) or (6), the relevant governing authority had given consent as mentioned in section 26B(2)(b), (4)(b) or (6)(d);”;
(c)at the end of paragraph (e) insert “or
(ea)that, in the case of a marriage under section 26A, the relevant governing authority had given consent as mentioned in section 26A(3);”.
Commencement Information
I13Sch. 7 para. 14 in force at 13.3.2014 by S.I. 2014/93, art. 3(k)(i)
15U.K.After section 49 insert—
(1)If a same sex couple knowingly and wilfully intermarries under the provisions of this Part of this Act in the absence of the required consent, the marriage shall be void.
(2)In this section, in relation to a marriage of a same sex couple, “required consent” means consent under—
(a)section 26A(3), in a case where section 26A applies to the marriage (but section 44A does not apply to it);
(b)section 26A(3) and section 44A(6), in a case where section 26A and section 44A apply to the marriage;
(c)section 26B(2)(b), in a case where section 26B(1), (2) and (3) apply to the marriage;
(d)section 26B(4)(b), in a case where section 26B(1), (4) and (5) apply to the marriage;
(e)section 26B(6)(d), in a case where section 26B(1), (6) and (7) apply to the marriage.”.
Commencement Information
I14Sch. 7 para. 15 in force at 13.3.2014 by S.I. 2014/93, art. 3(k)(i)
16U.K.Section 53, paragraph (c): for the words from “religion” to the end substitute “religion—
(i)where the parties to the marriage are both members of the same synagogue, the marriage shall be registered by the secretary of that synagogue; and
(ii)where the parties to the marriage are members of different synagogues, the marriage shall be registered by the secretary of whichever of those synagogues the parties to the marriage nominate;”.
Commencement Information
I15Sch. 7 para. 16 in force at 13.3.2014 by S.I. 2014/93, art. 3(k)(i)
17U.K.Section 69 (licensing of chapels for marriages according to rites of Church of England), subsection (5): for “authorised persons” substitute “ persons authorised under section 43 ”.
Commencement Information
I16Sch. 7 para. 17 in force at 13.3.2014 by S.I. 2014/93, art. 3(k)(i)
18U.K.Section 70 (registration of chapels for marriages otherwise than according to rites of Church of England), subsection (1), paragraphs (a) and (b): for “registered building” substitute “ building registered under section 41 ”.
Commencement Information
I17Sch. 7 para. 18 in force at 13.3.2014 by S.I. 2014/93, art. 3(k)(i)
19(1)Section 75 (offences relating to solemnization of marriages) is amended in accordance with this paragraph.U.K.
(2)Subsection (2)(bb): after “section 26(1)(dd)” insert “ or 26B(6) ”.
(3)Subsection (3)(d): after “(dd)” insert “ or 26B(6) ”.
(4)Subsection (5): after “seventy” insert “ or 70A ”.
Commencement Information
I18Sch. 7 para. 19 in force at 13.3.2014 by S.I. 2014/93, art. 3(k)(i)
20(1)Section 78 (interpretation) is amended in accordance with this paragraph.U.K.
(2)Subsection (1)—
(a)for the definition of “authorised person” substitute—
““authorised person” means—
(a)in relation to a building registered under section 41, a person whose name and address have been certified in accordance with section 43;
(b)in relation to a building registered under section 43A, a person whose name and address have been certified in accordance with section 43B;”;
(b)after the definition of “ecclesiastical district” insert—
““England and Wales legislation” has the same meaning as in the Marriage (Same Sex Couples) Act 2013;”;
(c)definition of “registered building”: for “Part III” substitute “ section 41 or section 43A ”.
(3)After subsection (5) insert—
“(6)If, for the purpose of any provision of this Act, a relevant governing authority has given written consent to marriages of same sex couples, the validity of that consent is not affected only because there is a change in the person or persons constituting that relevant governing authority.”.
Commencement Information
I19Sch. 7 para. 20 in force at 13.3.2014 by S.I. 2014/93, art. 3(k)(i)
21(1)Schedule 4 (provisions of Act which are excluded or modified in their application to Naval, Military and Air Force chapels) is amended in accordance with this paragraph.U.K.
(2)Part 3 (exclusion of provisions relating to marriages otherwise than according to the rites of the Church of England): after the entry relating to section 43 insert— “ Sections 43A and 43C. ”.
(3)Part 4 (modification of provisions relating to marriages otherwise than according to the rites of the Church of England), after “forty-three,” insert “ 43B, ”.
Commencement Information
I20Sch. 7 para. 21 in force at 3.6.2014 by S.I. 2014/93, art. 5(d)