http://www.legislation.gov.uk/ukpga/2013/30/schedule/7Marriage (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 SCHEDULE 7 Section 17 PART 1 11The approved premises regulations, and any related guidance, that are in force immediately before commencement have effect after commencement in relation to marriage in pursuance of section 26(1)(bb) of the Marriage Act 1949 as amended by this Act.2Any approval of premises under those regulations that is in force immediately before commencement has effect after commencement in relation to marriage in pursuance of section 26(1)(bb) of the Marriage Act 1949 as amended by this Act.3Any application for approval of premises made under approved premises regulations before commencement continues to have effect after commencement as an application for the approval of the premises for the purposes of marriage in pursuance of section 26(1)(bb) of the Marriage Act 1949 as amended by this Act.4In this paragraph—“approved premises regulations” means regulations under section 46A of the Marriage Act 1949;“commencement” means the time when section 1 comes into force;“related guidance” means any guidance relating to premises approved under approved premises regulations. PART 2 2The Marriage Act 1949 is amended as follows.3Section 3 (marriages of persons under 18), subsection (1): after “widow” insert “ or a surviving civil partner ”.41Section 25 (void marriages) is amended as follows.2At the beginning insert—1A marriage shall be void in any of the following cases..3The existing wording of section 25 becomes subsection (2) of that section; and, at the beginning of that subsection, for “If any persons” substitute—2Case A is where any persons.4For the words after paragraph (d) substitute—3Case 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.4Case C is where any persons of the same sex consent to or acquiesce in the solemnization of a Church of England marriage between them.5In subsections (3) and (4) “Church of England marriage” means a marriage according to the rites of the Church of England..5Section 27A (additional information required in certain cases), subsection (1): after “section 26(1)(dd)” insert “ or 26B(6) ”.6After section 27C insert—27D1This 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).2The 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).3In 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..71Section 28A (power to require evidence) is amended in accordance with this paragraph.2After subsection (1) insert—1AIn 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)..3Subsection (2): for “Such a requirement” substitute “ A requirement under subsection (1) or (1A) ”.81Section 41 (registration of buildings) is amended in accordance with this paragraph.2The title: at the end insert “ : marriage of a man and a woman ”.3After subsection (1) insert—1AA reference in this section to the solemnization of marriage is a reference to the solemnization of marriage of a man and a woman..91Section 42 (cancellation of registration and substitution of another building) is amended in accordance with this paragraph.2For the title substitute “ Cancellation of registration under section 41: building no longer used ”.3Subsection (1): for “registered building” substitute “ building registered under section 41 ”.101Section 43 (appointment of authorised persons) is amended in accordance with this paragraph.2For the title substitute “ Buildings registered under section 41: appointment of authorised persons ”.3Subsection (1): for “registered building” (in each place) substitute “ building registered under section 41 ”.4For the proviso to subsection (1) substitute—1AThe 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).1BThe 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”).1CBut if—athere is any earlier registration of the building under section 43A which is still in force at the date of the new registration, orbthere 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).1DFor that purpose there is a qualifying registration of a previous building if—athe congregation on whose behalf the new registration is made previously used another building for the purpose of public religious worship,bthat building was registered under section 41 or 43A, andcthat registration was cancelled not more than one month before the date of the new registration..5Omit subsection (2).11Section 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), ”.12Section 45A (solemnization of certain marriages), subsection (1): after “section 26(1)(dd)” insert “ or 26B(6) ”.131Section 46 (register office marriage followed by religious ceremony) is amended in accordance with this paragraph.2Subsection (1): for “marriage solemnised in the presence of a superintendent registrar” substitute “ relevant marriage ”.3After subsection (1) insert—1AIn this section “relevant marriage” means—athe marriage of a man and a woman solemnized in the presence of a superintendent registrar,bthe marriage of a same sex couple solemnized in the presence of a superintendent registrar, andca marriage which arises from the conversion of a civil partnership under regulations under section 9 of the Marriage (Same Sex Couples) Act 2013.1BThis 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.1CThis 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.1DFor 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..14Section 48 (proof of certain matters not necessary to validity of marriages), subsection (1)—aparagraph (d): omit “or”;bafter paragraph (d) insert—dathat, 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);;cat the end of paragraph (e) insertor eathat, in the case of a marriage under section 26A, the relevant governing authority had given consent as mentioned in section 26A(3);.15After section 49 insert—49A1If 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.2In this section, in relation to a marriage of a same sex couple, “required consent” means consent under—asection 26A(3), in a case where section 26A applies to the marriage (but section 44A does not apply to it);bsection 26A(3) and section 44A(6), in a case where section 26A and section 44A apply to the marriage;csection 26B(2)(b), in a case where section 26B(1), (2) and (3) apply to the marriage;dsection 26B(4)(b), in a case where section 26B(1), (4) and (5) apply to the marriage;esection 26B(6)(d), in a case where section 26B(1), (6) and (7) apply to the marriage..16Section 53, paragraph (c): for the words from “religion” to the end substitutereligion— iwhere the parties to the marriage are both members of the same synagogue, the marriage shall be registered by the secretary of that synagogue; andiiwhere 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;.17Section 69 (licensing of chapels for marriages according to rites of Church of England), subsection (5): for “authorised persons” substitute “ persons authorised under section 43 ”.18Section 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 ”.191Section 75 (offences relating to solemnization of marriages) is amended in accordance with this paragraph.2Subsection (2)(bb): after “section 26(1)(dd)” insert “ or 26B(6) ”.3Subsection (3)(d): after “(dd)” insert “ or 26B(6) ”.4Subsection (5): after “seventy” insert “ or 70A ”.201Section 78 (interpretation) is amended in accordance with this paragraph.2Subsection (1)—afor the definition of “authorised person” substitute—“authorised person” means—ain relation to a building registered under section 41, a person whose name and address have been certified in accordance with section 43;bin relation to a building registered under section 43A, a person whose name and address have been certified in accordance with section 43B;;bafter the definition of “ecclesiastical district” insert—“England and Wales legislation” has the same meaning as in the Marriage (Same Sex Couples) Act 2013;;cdefinition of “registered building”: for “Part III” substitute “ section 41 or section 43A ”.3After subsection (5) insert—6If, 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..211Schedule 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.2Part 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. ”.3Part 4 (modification of provisions relating to marriages otherwise than according to the rites of the Church of England), after “forty-three,” insert “ 43B, ”.22The Marriage (Registrar General's Licence) Act 1970 is amended as follows.23Section 1 (marriages which may be solemnized by Registrar General's licence), subsection (2): after “section 26(1)(dd)” insert “ or 26B(6) ”.24Section 2 (notice of marriage), after subsection (3) insert—4Sections 27D and 28A(1A) and (2) of the principal Act apply (with the appropriate modifications) to a marriage intended to be solemnized in pursuance of this Act as they apply to a marriage intended to be solemnized in pursuance of 26B(2), (4) or (6) of that Act..25After section 13 insert—13A1If a same sex couple knowingly and wilfully intermarries under the provisions of this Act in the absence of the required consent, the marriage shall be void.2In this section “required consent” means consent under section 1(3)..26The Matrimonial Causes Act 1973 is amended as follows.27Section 11 (grounds on which a marriage is void): omit paragraph (c).281Section 29JA of the Public Order Act 1986 (protection of freedom of expression (sexual orientation)) is amended in accordance with this paragraph.2The existing provision of section 29JA becomes subsection (1) of that section.3After that provision insert—2In this Part, for the avoidance of doubt, any discussion or criticism of marriage which concerns the sex of the parties to marriage shall not be taken of itself to be threatening or intended to stir up hatred..29The Social Security Contributions and Benefits Act 1992 is amended as follows.30Section 48 (use of former spouse's or civil partner's contributions): after subsection (4) insert—5For the purposes of this section, a civil partnership is not to be treated as having terminated by reason of its having been converted into a marriage under section 9 of the Marriage (Same Sex Couples) Act 2013..31The Pension Schemes Act 1993 is amended as follows.32Section 99 (trustees' duties after exercise of option), subsection (3)(b): for “his widow” substitute “ his or her surviving spouse or civil partner ”.33The Civil Partnership Act 2004 is amended as follows.34Section 1 (civil partnership), subsection (3)—aafter “only” insert “ (a) ”;bafter “annulment” insert, or bin the case of a civil partnership formed as mentioned in subsection (1)(a)(i) or (iv), on the conversion of the civil partnership into a marriage under section 9 of the Marriage (Same Sex Couples) Act 2013..35Section 4 (parental etc consent where proposed civil partner under 18), subsection (3): after “partner” insert “ or a widower or a widow ”.36Section 210 (registration at British consulates etc), subsection (6), paragraph (b) of the definition of “Registration officer”: after “country” (in both places) insert “ or territory ”.37The Human Fertilisation and Embryology Act 2008 is amended as follows.381Section 35 (woman married at time of treatment) is amended in accordance with this paragraph.2The title: after “married” insert “ to a man ”.3Subsection (1)(a): after “marriage” insert “ with a man ”.39Section 40 (embryo transferred after death of husband etc who did not provide sperm), subsection (1)(b): after “marriage” insert “ with a man ”.401Section 42 (woman in civil partnership at time of treatment) is amended in accordance with this paragraph.2The title: after “partnership” insert “ or marriage to a woman ”.3Subsection (1)—aafter “partnership” (in the first place) insert “ or a marriage with another woman ”;bafter “partnership” (in the second place) insert “ or marriage ”.411Section 46 (embryo transferred after death of civil partner or intended female parent) is amended in accordance with this paragraph.2The title: after “civil partner” insert “ or wife ”.3Subsection (1)—aparagraph (b), after “partnership” insert “ or marriage with another woman ”;bparagraphs (c), (d) and (e), after “partnership” insert “ or marriage ”;cthe words after paragraph (f), after “partnership” insert “ or marriage ”.42The Equality Act 2010 is amended as follows.431Section 23 (comparison by reference to circumstances) is amended in accordance with this paragraph.2Subsection (3): after “married” insert “ to a person of the opposite sex ”.3After subsection (3) insert—4If the protected characteristic is sexual orientation, the fact that one person (whether or not the person referred to as B) is married to a person of the same sex while another is married to a person of the opposite sex is not a material difference between the circumstances relating to each case..44Schedule 3 (services and public functions: exceptions): for the title to Part 6 substitute— “ Marriage: gender reassignment ”.45Schedule 9 (work: exceptions), Part 1 (occupational requirements), paragraph 2 (religious requirements relating to sex, marriage etc, sexual orientation), sub-paragraph (4): after paragraph (c) insert—caa requirement not to be married to a person of the same sex;.Sch. 7 para. 1 in force at 13.3.2014 by S.I. 2014/93, art. 3(k)(i)Sch. 7 para. 2 in force at 13.3.2014 by S.I. 2014/93, art. 3(k)(i)Sch. 7 para. 3 in force at 13.3.2014 by S.I. 2014/93, art. 3(k)(i)Sch. 7 para. 4 in force at 13.3.2014 by S.I. 2014/93, art. 3(k)(i)Sch. 7 para. 5 in force at 13.3.2014 by S.I. 2014/93, art. 3(k)(i)Sch. 7 para. 6 in force at 13.3.2014 by S.I. 2014/93, art. 3(k)(i)Sch. 7 para. 7 in force at 13.3.2014 by S.I. 2014/93, art. 3(k)(i)Sch. 7 para. 8 in force at 13.3.2014 by S.I. 2014/93, art. 3(k)(i)Sch. 7 para. 9 in force at 13.3.2014 by S.I. 2014/93, art. 3(k)(i)Sch. 7 para. 10 in force at 13.3.2014 by S.I. 2014/93, art. 3(k)(i)Sch. 7 para. 11 in force at 13.3.2014 by S.I. 2014/93, art. 3(k)(i)Sch. 7 para. 12 in force at 13.3.2014 by S.I. 2014/93, art. 3(k)(i)Sch. 7 para. 13 in force at 13.3.2014 by S.I. 2014/93, art. 3(k)(i)Sch. 7 para. 14 in force at 13.3.2014 by S.I. 2014/93, art. 3(k)(i)Sch. 7 para. 15 in force at 13.3.2014 by S.I. 2014/93, art. 3(k)(i)Sch. 7 para. 16 in force at 13.3.2014 by S.I. 2014/93, art. 3(k)(i)Sch. 7 para. 17 in force at 13.3.2014 by S.I. 2014/93, art. 3(k)(i)Sch. 7 para. 18 in force at 13.3.2014 by S.I. 2014/93, art. 3(k)(i)Sch. 7 para. 19 in force at 13.3.2014 by S.I. 2014/93, art. 3(k)(i)Sch. 7 para. 20 in force at 13.3.2014 by S.I. 2014/93, art. 3(k)(i)Sch. 7 para. 22 in force at 13.3.2014 by S.I. 2014/93, art. 3(k)(ii)Sch. 7 para. 23 in force at 13.3.2014 by S.I. 2014/93, art. 3(k)(ii)Sch. 7 para. 24 in force at 13.3.2014 by S.I. 2014/93, art. 3(k)(ii)Sch. 7 para. 25 in force at 13.3.2014 by S.I. 2014/93, art. 3(k)(ii)Sch. 7 para. 26 in force at 13.3.2014 by S.I. 2014/93, art. 3(k)(ii)Sch. 7 para. 27 in force at 13.3.2014 by S.I. 2014/93, art. 3(k)(ii)Sch. 7 para. 28 in force at 13.3.2014 by S.I. 2014/93, art. 3(k)(ii)Sch. 7 para. 31 in force at 13.3.2014 by S.I. 2014/93, art. 3(k)(iii)Sch. 7 para. 32 in force at 13.3.2014 by S.I. 2014/93, art. 3(k)(iii)Sch. 7 para. 33 in force at 13.3.2014 by S.I. 2014/93, art. 3(k)(iii)Sch. 7 para. 35 in force at 13.3.2014 by S.I. 2014/93, art. 3(k)(iv)Sch. 7 para. 36 in force at 13.3.2014 by S.I. 2014/93, art. 3(k)(iv)Sch. 7 para. 37 in force at 13.3.2014 by S.I. 2014/93, art. 3(k)(iv)Sch. 7 para. 38 in force at 13.3.2014 by S.I. 2014/93, art. 3(k)(iv)Sch. 7 para. 39 in force at 13.3.2014 by S.I. 2014/93, art. 3(k)(iv)Sch. 7 para. 40 in force at 13.3.2014 by S.I. 2014/93, art. 3(k)(iv)Sch. 7 para. 41 in force at 13.3.2014 by S.I. 2014/93, art. 3(k)(iv)Sch. 7 para. 42 in force at 13.3.2014 by S.I. 2014/93, art. 3(k)(iv)Sch. 7 para. 43 in force at 13.3.2014 by S.I. 2014/93, art. 3(k)(iv)Sch. 7 para. 44 in force at 13.3.2014 by S.I. 2014/93, art. 3(k)(iv)Sch. 7 para. 45 in force at 13.3.2014 by S.I. 2014/93, art. 3(k)(iv)Sch. 7 para. 21 in force at 3.6.2014 by S.I. 2014/93, art. 5(d)Sch. 7 para. 29 in force at 10.12.2014 by S.I. 2014/3169, art. 2Sch. 7 para. 30 in force at 10.12.2014 by S.I. 2014/3169, art. 2Sch. 7 para. 34 in force at 10.12.2014 by S.I. 2014/3169, art. 2Sch. 7 para. 30 repealed (S.) (16.12.2014) by The Marriage and Civil Partnership (Scotland) Act 2014 and Civil Partnership Act 2004 (Consequential Provisions and Modifications) Order 2014 (S.I. 2014/3229), art. 1(2), Sch. 5 para. 21