http://www.legislation.gov.uk/ukpga/2013/30/part/3Marriage (Same Sex Couples) Act 2013An Act to make provision for the marriage of same sex couples in England and Wales, about gender change by married persons and civil partners, about consular functions in relation to marriage, for the marriage of armed forces personnel overseas, for permitting marriages according to the usages of belief organisations to be solemnized on the authority of certificates of a superintendent registrar, for the review of civil partnership, for the review of survivor benefits under occupational pension schemes, and for connected purposes.texttext/xmlenStatute Law Database2024-05-20Expert Participation2022-04-28 PART 3 Final provisionsTransitional and consequential provision171The 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.2The 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.3The provision that may be made by an order under subsection (1) or (2) includes provision amending UK legislation.4Schedule 7 (transitional and consequential provision etc) has effect.Orders and regulations181Any power of the Secretary of State or Lord Chancellor to make an order or regulations under this Act is exercisable by statutory instrument.2The 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—aan order under section 8;bthe first regulations under section 9(1);cthe first regulations under section 9(2);dan order under section 14;ean order under section 16;fan order under section 17(1) or (2) which amends an Act of Parliament;gan order under paragraph 1 of Schedule 2;han order under paragraph 2 of Schedule 2;ian order under paragraph 27 of Schedule 4;jan order under paragraph 9(8) of Schedule 6.3The 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—aregulations under section 9(1) (except for the first such regulations);bregulations under section 9(2) (except for the first such regulations);can order under section 17(1) or (2) (unless it amends an Act of Parliament).4An order or regulations made under this Act may—amake different provision for different purposes,bmake transitional, transitory or saving provision, orcmake consequential provision.5The 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).6But the Secretary of State—amay 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; andbmay 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.7Regulations made by the Registrar General under any enabling provision are subject to annulment in pursuance of a resolution of either House of Parliament.8But 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.9In 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), oran order under section 14(4).10Any 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).11The Secretary of State or Lord Chancellor must—aobtain 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;bobtain 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.Interpretation191In 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.
ExpressionMeaning
primary legislation— an Act of Parliament— an Act of the National Assembly for Wales— a Measure of the National Assembly for Wales— an Act of the Scottish Parliament— an Act of the Northern Ireland Assembly— a Measure of the Church of England
subordinate legislation— a Canon of the Church of England— any Order in Council, order, rules, regulations, schemes, warrants, byelaws and other instruments made under primary legislation or under a Canon of the Church of England
England and Wales legislationprimary legislation and subordinate legislation which forms part of the law of England and Wales (whether or not it also forms part of the law of another jurisdiction)
Northern Ireland legislationprimary legislation and subordinate legislation which forms part of the law of Northern Ireland (whether or not it also forms part of the law of another jurisdiction)
Scottish legislationprimary legislation and subordinate legislation which forms part of the law of Scotland (whether or not it also forms part of the law of another jurisdiction)
UK legislation— England and Wales legislation— Scottish legislation— Northern Ireland legislation
2In 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.3For further interpretation provision relating to this Act, see paragraph 5 of Schedule 3.Extent201This Act extends to England and Wales.2These provisions of this Act also extend to Scotland—ain Part 1, section 10(3) and Schedule 2;bPart 2, except for sections 14 and 15;cPart 3.3These provisions of this Act also extend to Northern Ireland—zain Part 1, section 2(1) to (4) so far as relating to Orders in Council under Part 3 of Schedule 6;ain Part 1, section 10(3) and Schedule 2;bPart 2, except for sections 14 to 16 ...;cPart 3.4Subsections (1) to (3) do not apply to an amendment or repeal or revocation made by this Act.5An amendment or repeal or revocation made by this Act has the same extent as the provision amended or repealed or revoked.6Subsection (5) is subject to subsections (7) to (9).7Any amendment of the following Acts extends to England and Wales only—athe Social Security Contributions and Benefits Act 1992;bthe Pension Schemes Act 1993;cthe Human Fertilisation and Embryology Act 2008.8The 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).9Any 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).Short title and commencement211This Act may be cited as the Marriage (Same Sex Couples) Act 2013.2This section and sections 15 and 16 come into force on the day on which this Act is passed.3Subject 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.S. 17(1)-(3) in force at 31.10.2013 by S.I. 2013/2789, art. 3(b)S. 18 in force at 31.10.2013 by S.I. 2013/2789, art. 3(c)S. 19 in force at 31.10.2013 by S.I. 2013/2789, art. 3(c)S. 20 in force at 31.10.2013 by S.I. 2013/2789, art. 3(c)S. 17(4) in force at 13.3.2014 for specified purposes by S.I. 2014/93, art. 3(k)S. 17(4) in force at 3.6.2014 for specified purposes by S.I. 2014/93, art. 5(d)S. 17(4) in force at 10.12.2014 in so far as not already in force by S.I. 2014/3169, art. 2Words in s. 20(3)(b) omitted (13.1.2020) by virtue of The Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019 (S.I. 2019/1514), regs. 1(2), 11(3)(a) (with regs. 6-9)Words in s. 20(8) inserted (13.1.2020) by The Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019 (S.I. 2019/1514), regs. 1(2), 11(3)(b) (with regs. 6-9)Words in s. 20(9) inserted (13.1.2020) by The Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019 (S.I. 2019/1514), regs. 1(2), 51 (with regs. 6-9)S. 20(3)(za) inserted (1.9.2020) by The Marriage and Civil Partnership (Northern Ireland) Regulations 2020 (S.I. 2020/742), regs. 1(2), 13(2)