2014 No. 3168
The Marriage (Same Sex Couples) Act 2013 (Consequential and Contrary Provisions and Scotland) and Marriage and Civil Partnership (Scotland) Act 2014 (Consequential Provisions) Order 2014
Made
Coming into force in accordance with article 1(2) and (3)
A draft of this Order was laid before and approved by a resolution of each House of Parliament in accordance with section 18(2) of the Marriage (Same Sex Couples) Act 20131, section 259(8) of the Civil Partnership Act 20042 and section 115 of, and paragraphs 1 to 3 of Schedule 7 to, the Scotland Act 19983.
In accordance with section 18(11)(a) of the Marriage (Same Sex Couples) Act 2013, the Secretary of State has obtained the consent of the Scottish Ministers to the making of articles 4 and 5 of this Order.
This Order is made in exercise of the powers conferred by sections 17(1) to (3) and 18(4) and (10) of, and paragraph 1 of Schedule 2 and paragraph 27(3)(b) of Schedule 4 to, the Marriage (Same Sex Couples) Act 2013, section 259(1) and (3) of the Civil Partnership Act 2004 and sections 104, 112(1) and 113(2) to (3) and (5) of the Scotland Act 1998.
The Secretary of State, in exercise of those powers, makes the following Order:
Citation, commencement and interpretation1
1
This Order may be cited as the Marriage (Same Sex Couples) Act 2013 (Consequential and Contrary Provisions and Scotland) and Marriage and Civil Partnership (Scotland) Act 2014 (Consequential Provisions) Order 2014.
2
Subject to paragraph (3), this Order comes into force on 10th December 2014.
3
The following provisions come into force on 16th December 2014—
a
articles 4 and 5, and article 6 so far as it relates to those articles,
b
so far as they extend to Scotland, the amendment to the Registration of Births, Deaths and Marriages (Special Provisions) Act 19574 at paragraph 4 of the Schedule and articles 2 and 6 so far as they relate to that amendment.
4
In this Order “the Act” means the Marriage (Same Sex Couples) Act 2013.
Consequential amendments to Acts of Parliament2
The Schedule to this Order (which amends Acts of Parliament in consequence of the Act, the Marriage and Civil Partnership (Scotland) Act 20145 and the Civil Partnership Act 2004) has effect.
Contrary provision to section 11(1) and (2) of, and paragraphs 1 to 3 of Schedule 3 to, the Act3
Section 11(1) and (2) of, and paragraphs 1 to 3 of Schedule 3 to, the Act do not apply to Schedule 1, Part D, rule D.3, paragraph (4) and Schedule 2, Part C, rule C.2, paragraphs (4) and (5) to the Reserve Forces Non Regular Permanent Staff (Pension and Attributable Benefits Schemes) Regulations 20116.
Revocation of article 5 of the Marriage (Same Sex Couples) Act 2013 (Consequential and Contrary Provisions and Scotland) Order 20144
Article 5 of the Marriage (Same Sex Couples) Act 2013 (Consequential and Contrary Provisions and Scotland) Order 20147 is revoked.
Transitional and saving provision relating to article 45
1
The revocation of article 5 of the Marriage (Same Sex Couples) Act 2013 (Consequential and Contrary Provisions and Scotland) Order 2014 does not affect—
a
anything done prior to the date of revocation by one or both of the deemed civil partners—
i
in relation to the deemed civil partnership, or
ii
otherwise as a deemed civil partner,
b
anything done prior to the date of revocation by any other person in relation to—
i
a deemed civil partnership, or
ii
one or both of the deemed civil partners (as a deemed civil partner), or
c
any relevant court proceedings which have concluded prior to the date of revocation.
2
Anything done prior to the date of revocation—
a
by one or both of the deemed civil partners (as a deemed civil partner) is to be treated on or after the date of revocation as if it had been done by that person or those persons as a married person or as a married couple, or
b
by any other person in relation to a deemed civil partnership, or in relation to one or both of the deemed civil partners (as a deemed civil partner), is to be treated on or after the date of revocation as if it had been done by the other person in relation to a marriage or in relation to that person or those persons as a married person or as a married couple.
3
In any relevant court proceedings which have not concluded prior to the date of revocation and in any document made prior to the date of revocation—
a
a reference to a deemed civil partnership has effect on or after the date of revocation as, or as including, a reference to a marriage, and
b
a reference to one or both of the deemed civil partners has effect on or after the date of revocation as, or as including, a reference to that person or those persons as a married person or as a married couple.
4
In its application to a document made prior to the date of revocation, paragraph (3) is subject to any contrary intention appearing from the document.
5
A reference in this article to anything done includes a reference to anything not done.
6
In this article—
a
“date of revocation” means 16th December 2014,
b
“deemed civil partnership” refers to a marriage of a same sex couple under the law of England and Wales which has been treated as a civil partnership under the law of Scotland by virtue of article 5 of the Marriage (Same Sex Couples) Act 2013 (Consequential and Contrary Provisions and Scotland) Order 2014, and “deemed civil partner” is to be construed accordingly,
c
“document” has the same meaning as in Schedule 1 to the Interpretation and Legislative Reform (Scotland) Act 20108,
d
“relevant court proceedings” means any proceedings in a court or tribunal commenced prior to the date of revocation which concern—
i
a deemed civil partnership, or
ii
one or both of the deemed civil partners (as a deemed civil partner).
Extent6
1
Subject to paragraph 2, this Order extends to England and Wales only.
2
The following provisions extend also to Scotland—
a
article 1,
b
articles 4 and 5,
c
this article, and
d
the amendment to the Registration of Births, Deaths and Marriages Act 1957 at paragraph 4 of the Schedule, and article 2 so far as it relates to that paragraph.
SCHEDULE Consequential Amendments to Acts of Parliament
Wills Act 18371
1
The Wills Act 18379 is amended as follows.
2
In section 1810 (will to be revoked by marriage)—
a
in subsection (1), for “(4)” substitute “(5)”, and
b
after subsection (4) insert—
5
Nothing in this section applies in the case of a marriage which results from—
a
the conversion of a civil partnership into a marriage under section 9 of the Marriage (Same Sex Couples) Act 2013 and regulations made under that section; or
b
the changing of a civil partnership formed under Part 3 of the Civil Partnership Act 2004 into a marriage under—
i
the Marriage (Scotland) Act 197711;
ii
the Marriage and Civil Partnership (Scotland) Act 2014; or
iii
any order made under section 104 of the Scotland Act 1998 in consequence of the Marriage and Civil Partnership (Scotland) Act 2014.
3
After section 18C12 insert—
Effect on subsisting will of conversion of civil partnership into marriage18D
1
The conversion of a civil partnership into a marriage does not—
a
revoke any will made by a party to the civil partnership before the conversion; or
b
affect any disposition in such a will.
2
The conversion of a civil partnership into a marriage does not affect any previous application of section 18B(2) to (6) to—
a
a will made by a party to the civil partnership before the conversion; or
b
a disposition in such a will.
3
Subsections (1) and (2) are subject to subsection (4).
4
Any reference in a will to a civil partnership or civil partners (howsoever expressed) is to be read in relation to any civil partnership that has been converted into a marriage, or civil partners who have converted their civil partnership into a marriage, as referring to that marriage or married couple, as appropriate.
5
Subsection (4) is subject to any contrary intention appearing from the will.
6
In this section “conversion” means—
a
the conversion of a civil partnership into a marriage under section 9 of the Marriage (Same Sex Couples) Act 2013 and regulations made under that section;
b
the changing of a civil partnership formed under Part 3 of the Civil Partnership Act 2004 into a marriage under—
i
the Marriage (Scotland) Act 1977;
ii
the Marriage and Civil Partnership (Scotland) Act 2014; or
iii
any order made under section 104 of the Scotland Act 1998 in consequence of the Marriage and Civil Partnership (Scotland) Act 2014, and
“converted” is to be read accordingly.
Perjury Act 19112
1
Section 3 of the Perjury Act 191113 (false statements, etc, with reference to marriage) is amended as follows.
2
In subsection (1)(b)—
a
after “register of marriage” insert “or register of conversions”, and
b
after “marriage” in the second place it occurs, insert “or any civil partnership which is to be converted into a marriage”.
3
After subsection (2), insert—
3
In subsection (1)(b), “register of conversions” means the register of conversions of civil partnerships into marriages kept by the Registrar General in accordance with section 9 of the Marriage (Same Sex Couples) Act 201314 and regulations made under that section.
Marriage Act 19493
1
The Marriage Act 194915 is amended as follows.
2
In section 4516 (solemnization of marriage in register office), for “the last foregoing section” substitute “section 44”.
3
In section 4617 (register office marriage followed by religious ceremony)—
a
in subsection (1), after “regular minister” insert “, or (in the case of the conversion of a civil partnership at a place of residence) at that place of residence,”,
b
in subsection (1A)—
i
omit ““relevant marriage” means”,
ii
before paragraph (a) insert—
“place of residence”, in relation to the conversion of a civil partnership, means a place that a superintendent registrar attends for the purpose of the conversion because one of the parties to the civil partnership—
- a
is housebound there,
- b
is detained there as a patient in a hospital or in a prison or other place to which the Prison Act 195218 applies, or
- c
is (being a person who is seriously ill and not expected to recover) present there;
“relevant marriage” means—
c
in subsection (1D), for the definition of “relevant governing authority” substitute—
“relevant governing authority” means—
- a
except in a case falling within paragraph (b) or (c), 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;
- b
in the case of a ceremony according to the usages of the Society of Friends, the recording clerk for the time being of the Society of Friends in London; and
- c
in the case of a ceremony according to the usages of the Jews, the person or persons who would be the relevant governing authority (in accordance with section 26B(5))19 if the ceremony were a marriage that was to be registered in accordance with section 53(c)20;
d
in subsection (2)—
i
for “any marriage previously solemnised in the presence of a superintendent registrar” substitute “the relevant marriage”, and
ii
after “Act” insert “or in the register of conversions of civil partnerships into marriages kept by the Registrar General in accordance with section 9 of the Marriage (Same Sex Couples) Act 2013 and regulations made under that section.”,
e
after subsection (3) insert—
4
In this section a reference to a church or chapel includes a reference to—
a
a place of meeting for members of the Society of Friends;
b
a Jewish synagogue; and
c
a place of worship certified under the Places of Worship Registration Act 185521.
5
Subsection (4) does not limit—
a
the churches or persuasions to which this section applies; or
b
the interpretation of this section in its application to a particular church or persuasion.
6
In the case of a religious ceremony which follows the conversion of a civil partnership in a country or territory outside of the United Kingdom in accordance with provision made by regulations under section 9 of the Marriage (Same Sex Couples) Act 201322 in relation to—
a
a member of Her Majesty’s forces (within the meaning of the Armed Forces Act 200623) serving in the country or territory in which it is proposed they convert their civil partnership;
b
a relevant civilian (as defined in Part 3 of Schedule 6 to the Marriage (Same Sex Couples) Act 2013 and any Order in Council made under that Part) who is employed in that country or territory; or
c
a child of a person falling within paragraph (a) or (b) and whose home is with that person in that country or territory (including a person who is or has been treated as the child of a person (“P”) in relation to a marriage or civil partnership to which P is or was a party);
this section is to be read in accordance with subsection (7).
7
In a case to which subsection (6) applies—
a
subsection (1) is to be read as if—
i
the reference to a clergyman or minister (including a reference to a clergyman or minister of a particular church or persuasion) includes a reference to a chaplain serving in any of Her Majesty’s forces;
ii
there is no reference to a superintendent registrar; and
iii
the reference to the place of worship of which a person is a regular minister is a reference to the place where the conversion occurs (including any place of worship that is provided by the Secretary of State); and
b
subsection (1C) is to be read as if it —
i
requires the relevant governing authority’s written consent to the reading or celebrating of the marriage service to be given to the Secretary of State; and
ii
additionally, requires the clergyman, minister or chaplain who is to read or celebrate the service to have the consent of the relevant governing authority to do so.
4
The validity of a consent given before the commencement of paragraph (3)(c) is not affected by the amendments of section 46(1D) made by that paragraph where the person or persons who gave the consent (or any successor or successors of that person or those persons) continue to be the relevant governing authority under section 46(1D) as so amended.
Registration of Births, Deaths and Marriages (Special Provisions) Act 19574
1
The Registration of Births, Deaths and Marriages (Special Provisions) Act 195724 is amended as follows.
2
In section 125 (records of deaths, births and marriages among armed forces and service civilians and their families overseas)—
a
in subsection (1), for “solemnised” substitute “entered into”, and
b
for subsection (6), substitute—
6
In this section—
“civilian subject to service discipline” has the same meaning as in the Armed Forces Act 2006, and
“marriages” includes a marriage resulting from—
- a
the conversion of a civil partnership into a marriage under section 9 of the Marriage (Same Sex Couples) Act 2013 and regulations made under that section,
- b
the changing of a civil partnership formed under Part 3 of the Civil Partnership Act 200426 into a marriage under any order made under section 104 of the Scotland Act 1998 in consequence of the Marriage and Civil Partnership (Scotland) Act 201427.
3
In section 328 (general provisions as to service departments records)—
a
after “1874” in both places it occurs insert “or of any relevant order,”,
b
in subsection (2) for “and marriages” substitute “, marriages and civil partnerships”, and
c
after subsection (3) insert—
4
In this section “relevant order” means any order made under section 104 of the Scotland Act 1998 in consequence of the Marriage and Civil Partnership (Scotland) Act 2014 which provides for the change of a civil partnership formed under Part 3 of the Civil Partnership Act 2004 in a country or territory outside the United Kingdom by—
a
a member of Her Majesty’s forces (within the meaning of the Armed Forces Act 2006) serving in the country or territory in which it is proposed they change their civil partnership;
b
a civilian subject to service discipline within the meaning of the Armed Forces Act 2006 who is employed in that country or territory;
c
a child of a person falling within paragraph (a) or (b) and whose home is with that person in that country or territory (including a person who is or has been treated as the child of a person (“P”) in relation to a marriage or civil partnership to which P is or was a party.
Public Libraries and Museums Act 19645
In Schedule 1 to the Public Libraries and Museums Act 196429 (superannuation and other benefits in cases of transfer etc), for “widow” in each place it occurs, substitute “surviving spouse or surviving civil partner”.
Matrimonial Causes Act 19736
1
The Matrimonial Causes Act 197330 is amended as follows.
2
In section 1131 (grounds on which a marriage is void), after “1971” insert “, other than a marriage to which section 12A applies,”.
3
In section 1232 (grounds on which a marriage is voidable), after “1971” insert “, other than a marriage to which section 12A applies,”.
4
After section 12, insert—
Grounds on which a marriage converted from a civil partnership is void or voidable12A
1
This section applies to a marriage which has been converted, or is purported to have been converted, from a civil partnership under section 9 of the 2013 Act and regulations made under that section.
2
A marriage which results from the purported conversion of a void civil partnership is void.
3
A marriage which results from the conversion of a civil partnership is voidable if any of paragraphs (c) to (h) of section 12(1) applied at the date from which the marriage is treated as having subsisted in accordance with section 9(6) of the 2013 Act.
4
In this section, the “2013 Act” means the Marriage (Same Sex Couples) Act 2013.
Domicile and Matrimonial Proceedings Act 19737
In paragraph 8(1)(b) of Schedule 1 to the Domicile and Matrimonial Proceedings Act 197333 (staying of matrimonial proceedings (England and Wales)), for “its celebration” substitute “they entered into it”.
Social Security Pensions Act 19758
1
Section 59 of the Social Security Pensions Act 197534 (increase of official pensions) is amended as follows.
2
In subsection (5ZB)35, for paragraph (a) substitute—
a
in the case of a pension payable to a woman in respect of the services—
i
of her deceased male spouse; or
ii
of her deceased female spouse in a relevant gender change case;
one half of the rate of the deceased spouse’s guaranteed minimum pension at the relevant time;
3
In subsection (5ZC)36—
a
in paragraph (a)(i) omit “or”,
b
in paragraph (a)(ii) for “spouse,” substitute “spouse;”,
c
after paragraph (a)(ii) insert—
iii
a pension payable to a woman in respect of the services of her deceased female spouse in a relevant gender change case; or
iv
a pension payable to a man in respect of the services of his deceased male spouse in a relevant gender change case,
d
in paragraph (b), after “sex” insert “(other than a pension within paragraph (a)(iii) or (iv))”.
4
In subsection (7)37, after the definition of “lump sum” insert—
“relevant gender change case” means a case where—
- a
the deceased spouse was a man or a woman by virtue of a full gender recognition certificate having been issued under the Gender Recognition Act 200438; and
- b
the marriage of the deceased spouse and the surviving spouse (that ends with the deceased spouse’s death) subsisted before the time when the certificate was issued,
Legitimacy Act 19769
In section 1 of the Legitimacy Act 197639 (legitimacy of children of certain void marriages), after subsection (4) insert—
5
Subsections (1) and (4) are to be read, in relation to the child of a void marriage which has resulted from the purported conversion of a civil partnership under section 9 of the Marriage (Same Sex Couples) Act 2013 and regulations made under that section, as if the reference to the time of the celebration of the marriage was a reference to the date of the purported conversion of the civil partnership into a marriage.
Forgery and Counterfeiting Act 198110
1
Section 5 of the Forgery and Counterfeiting Act 198140 (offences relating to money orders, share certificates, passports, etc) is amended as follows.
2
In subsection (5)(l), after “civil partnerships” insert “, conversions”.
3
After subsection (6) insert—
6A
In subsection (5)(l) above, “conversion” means the conversion of a civil partnership into a marriage under section 9 of the Marriage (Same Sex Couples) Act 2013 and regulations made under that section.
Social Security Contributions and Benefits Act 199211
1
Schedule 5 to the Social Security Contributions and Benefits Act 199241 (pension increase or lump sum where entitlement to retirement pension is deferred) is amended as follows.
2
In paragraph 5(2)42—
a
for paragraph (a), substitute—
a
where W is a woman—
i
whose deceased spouse was a man, or
ii
who falls within paragraph 7(3) below,
an amount equal to the sum of the amounts set out in paragraph 5A(2) or (3) below (as the case may be),
b
for paragraph (c)(i), substitute—
i
a woman who does not fall within paragraph 7(3) below and whose deceased spouse was a woman,
3
In paragraph 5A43—
a
for sub-paragraph (1) substitute—
1
This paragraph applies where W (referred to in paragraph 5 above) is a woman—
a
whose deceased spouse was a man, or
b
who falls within paragraph 7(3) below.
b
in sub-paragraphs (2) and (3), for “husband” in each place it appears, substitute “spouse”.
4
For paragraph 6A(1)(a)44, substitute—
a
a woman who does not fall within paragraph 7(3) below and whose deceased spouse was a woman,
5
In paragraph 745, after sub-paragraph (2) insert—
3
For the purposes of paragraphs 5, 5A and 6A above, a woman falls within this sub-paragraph if—
a
she was married to another woman who, at the time of her death, was a woman by virtue of a full gender recognition certificate having been issued under the Gender Recognition Act 2004, and
b
that marriage subsisted before the time when that certificate was issued.
Social Security Administration Act 199212
1
Section 124 of the Social Security Administration Act 199246 (provisions relating to age, death and marriage) is amended as follows.
2
In the closing words to subsection (1), after “custody” insert “(or in the case of marriages converted from civil partnerships, copies or extracts from the register of conversions)”.
3
After subsection (3)47, insert—
3A
Where it is required to be ascertained or proved for the purposes mentioned in subsection (1) above, that a civil partnership has been converted into a marriage, any person—
a
on presenting to the superintendent registrar in whose district the conversion took place, a duly completed requisition in writing in that behalf; and
b
on payment of a fee of £10.00;
is entitled to obtain a copy, certified under the hand of the superintendent registrar, of the entry relating to that marriage in the register of conversions.
4
In subsection (4), for “subsection (3)” substitute “subsections (3) and (3A)”.
5
In subsection (5)(a), before the definition of “Registrar General” insert—
“register of conversions” means the register of conversions of civil partnerships into marriages kept by the Registrar General in accordance with section 9 of the Marriage (Same Sex Couples) Act 2013 and regulations made under that section;
Statistics and Registration Service Act 200713
In section 42(2) of the Statistics and Registration Service Act 200748 (information relating to births and deaths etc), after paragraph (e) insert—
ea
any information recorded under section 9 of the Marriage (Same Sex Couples) Act 2013 and regulations made under that section on the conversion of a civil partnership into a marriage;
(This note is not part of the Order)