2014 No. 3169 (C. 140)

Marriage

The Marriage (Same Sex Couples) Act 2013 (Commencement No. 4) Order 2014

Made

The Secretary of State, in exercise of the powers conferred by section 21(3) of the Marriage (Same Sex Couples) Act 20131, makes the following Order:

Citation1

This Order may be cited as the Marriage (Same Sex Couples) Act 2013 (Commencement No. 4) Order 2014.

Provisions coming into force on 10th December 20142

The Marriage (Same Sex Couples) Act 2013, so far as not already in force, comes into force on 10th December 2014 except for—

a

paragraph 5 of Schedule 2, and section 10(3) so far as it relates to that paragraph, and

b

paragraph 17 of Schedule 4 so far as it relates to a person (“A”) who is married to a person of the same sex in a relevant gender change case where A is the spouse to whom a full gender recognition certificate has been issued, and section 11(4) so far as it relates (to that extent) to that paragraph.

Nicky MorganSecretary of State for Education, Minister for Women and EqualitiesDepartment for Education
EXPLANATORY NOTE

(This note is not part of the Order)

This is the fourth Commencement Order made in relation to the Marriage (Same Sex Couples) Act 2013 (c. 30) (“the Act”). The Marriage (Same Sex Couples) Act 2013 (Commencement No. 1) Order 2013 (S.I. 2013/2789) (C. 110) brought into force a number of provisions of the Act for the purpose of making subordinate legislation, as well as certain other provisions. The Marriage (Same Sex Couples) Act 2013 (Commencement No. 2 and Transitional Provision) Order 2014 (S.I. 2014/93) (C. 3) brought into force the majority of the provisions of the Act extending marriage to same sex couples under the law of England and Wales.

The Marriage (Same Sex Couples) Act 2013 (Commencement No. 3) Order 2014 (S.I. 2014/1662) (C. 70) brought into force, for the purpose of making subordinate legislation, provisions enabling civil partners to convert their civil partnership into marriage and enabling a couple to remain married where one or both members of the couple change legal gender where both members wish to remain married. This Order brings into force provisions of the Act which relate to these subject matters, and which (apart from two cases mentioned below) are the remaining provisions of the Act which have not been commenced.

This Order therefore brings into force all remaining uncommenced provisions of the Act with two exceptions. First, it does not commence an amendment to Civil Partnership Act 2004 (c. 33) which is redundant. Secondly, it commences, in part, paragraph 17 of Schedule 4 to the Act, which makes an amendment to provisions in the Equality Act 2010 (c. 15) dealing with benefits in occupational pension schemes for those couples who married as an opposite sex couple and who remain married after one spouse obtains a gender recognition certificate. The partial commencement is to ensure that there is consistency between those provisions, and equivalent provisions in the Pension Schemes Act 1993 (c. 48) as amended by paragraphs 18 to 25 of Schedule 4 to the Act and which relate to contracted-out benefits in occupational pension schemes.

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)

Provision

Date of Commencement

S.I. No.

Sections 1 to 3

13th March 2014

2014/93

Section 4 (partially)

31st October 2013

2013/2789

Section 4 (so far as not already in force)

13th March 2014

2014/93

Section 5

13th March 2014

2014/93

Section 6 (partially)

21st January 2014

2014/93

Section 6 (so far as not already in force)

3rd June 2014

2014/93

Sections 7 and 8

13th March 2014

2014/93

Section 9(1) to (5) and (7) (partially)

30th June 2014

2014/1662

Section 10(1) and (2)

13th March 2014

2014/93

Section 10(3) (partially)

31st October 2013

2013/2789

Section 10(3) (partially)

13th March 2014

2014/93

Section 11(1) to (3)

13th March 2014

2014/93

Section 11(4) (partially)

31st October 2013

2013/2789

Section 11(4) (partially)

13th March 2014

2014/93

Section 11(4) (partially)

30th June 2014

2014/1662

Section 11(5) to (7)

13th March 2014

2014/93

Section 12 (partially)

30th June 2014

2014/1662

Section 13(1) (partially)

21st January 2014

2014/93

Section 13 (so far as not already in force)

3rd June 2014

2014/93

Section 14

31st October 2013

2013/2789

Section 17(1) to (3)

31st October 2013

2013/2789

Section 17(4) (partially)

13th March 2014

2014/93

Section 17(4) (partially)

3rd June 2014

2014/93

Sections 18 to 20

31st October 2013

2013/2789

Schedule 1 (partially)

31st October 2013

2013/2789

Schedule 1 (so far as not already in force)

13th March 2014

2014/93

Schedule 2, paragraph 1

31st October 2013

2013/2789

Schedule 2, paragraph 2(1)

13th March 2014

2014/93

Schedule 2, paragraph 2(2)

31st October 2013

2013/2789

Schedule 2, paragraphs 3 and 4

13th March 2014

2014/93

Schedule 3

13th March 2014

2014/93

Schedule 4, paragraphs 1 to 4

13th March 2014

2014/93

Schedule 4, paragraph 5 (partially)

31st October 2013

2013/2789

Schedule 4, paragraph 5 (so far as not already in force)

13th March 2014

2014/93

Schedule 4, paragraphs 6 and 7

13th March 2014

2014/93

Schedule 4, paragraph 8 (partially)

31st October 2013

2013/2789

Schedule 4, paragraph 8 (so far as not already in force)

13th March 2014

2014/93

Schedule 4, paragraphs 9 and 10

13th March 2014

2014/93

Schedule 4, paragraphs 11 to 13 (partially)

13th March 2014

2014/93

Schedule 4, paragraph 14 (partially)

31st October 2013

2013/2789

Schedule 4, paragraph 14 (partially)

13th March 2014

2014/93

Schedule 4, paragraph 17 (partially)

13th March 2014

2014/93

Schedule 4, paragraph 18 (partially)

13th March 2014

2014/93

Schedule 4, paragraph 18 (partially)

30th June 2014

2014/1662

Schedule 4, paragraph 19

13th March 2014

2014/93

Schedule 4, paragraphs 20 to 22 (partially)

13th March 2014

2014/93

Schedule 4, paragraph 23

30th June 2014

2014/1662

Schedule 4, paragraphs 24 to 26

13th March 2014

2014/93

Schedule 4, paragraph 27(1) and (2)

13th March 2014

2014/93

Schedule 4, paragraph 27(3) and (4)

31st October 2013

2013/2789

Schedule 5, paragraphs 1, 9 and 19 (partially)

30th June 2014

2014/1662

Schedule 6, paragraphs 1, 2, 4, 6 to 10, and 12 to 15 (partially)

21st January 2014

2014/93

Schedule 6 (so far as not already in force)

3rd June 2014

2014/93

Schedule 7, paragraphs 1 to 20

13th March 2014

2014/93

Schedule 7, paragraph 21

3rd June 2014

2014/93

Schedule 7, paragraphs 22 to 28, 31 to 33, and 35 to 45

13th March 2014

2014/93