Marriage (Same Sex Couples) Act 2013

Other provisions relating to marriages of same sex couples

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.

(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;

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

(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)

  a member of Her Majesty’s forces;

  (b)

  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—

  (a)

  the Registrar General;

  (b)

  a superintendent registrar;

  (c)

  a registrar;

  (d)

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

  (e)

  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.

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.