Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Marriage of same sex couples in England and Wales
Extension of marriage
Marriage of same sex couples is lawful.
The marriage of a same sex couple may only be solemnized in accordance with—
Part 3 of the Marriage Act 1949,
Part 5 of the Marriage Act 1949,
the Marriage (Registrar General's Licence) Act 1970, or
an Order in Council made under Part 1 or 3 of Schedule 6.
No Canon of the Church of England is contrary to section 3 of the Submission of the Clergy Act 1533 (which provides that no Canons shall be contrary to the Royal Prerogative or the customs, laws or statutes of this realm) by virtue of its making provision about marriage being the union of one man with one woman.
Any duty of a member of the clergy to solemnize marriages (and any corresponding right of persons to have their marriages solemnized by members of the clergy) is not extended by this Act to marriages of same sex couples.
A “member of the clergy” is—
a clerk in Holy Orders of the Church of England, or
a clerk in Holy Orders of the Church in Wales.
Religious protection
A person may not be compelled by any means (including by the enforcement of a contract or a statutory or other legal requirement) to—
undertake an opt-in activity, or
refrain from undertaking an opt-out activity.
A person may not be compelled by any means (including by the enforcement of a contract or a statutory or other legal requirement)—where the reason for the person not doing that thing is that the relevant marriage concerns a same sex couple.
to conduct a relevant marriage,
to be present at, carry out, or otherwise participate in, a relevant marriage, or
to consent to a relevant marriage being conducted,
In this section—“opt-in activity” means an activity of the kind specified in an entry in the first column of the following table which falls to be undertaken for the purposes of any enactment specified in the corresponding entry in the second column;“opt-out activity” means an activity which reverses, or otherwise modifies, the effect of an opt-in activity.
— Any of these provisions of the 1949 Act: section 26A(3); section 26B(2), (4) or (6); section 44A(6); section 46(1C)
— Regulations under section 70A(5) of the 1949 Act (as mentioned in section 70A(6)(c) of that Act) relating to an application for registration
— Section 1(3) of the Marriage (Registrar General's Licence) Act 1970
— An armed forces overseas marriage Order in its application to marriages of same sex couples (as mentioned in paragraph 9(5) of Schedule 6)
Any of these provisions of the 1949 Act: section 43A(3); section 43B(2); section 44A(7)
In this section—“1949 Act” means the Marriage Act 1949;“armed forces overseas marriage Order” means an Order in Council under Part 3 of Schedule 6;“person”—includes a religious organisation; does not include a registrar, a superintendent registrar or the Registrar General;“relevant marriage” means—a marriage of a same sex couple solemnized in accordance with—section 26A or 26B of the 1949 Act (marriage in a place of worship or in another place according to religious rites or usages), Part 5 of the 1949 Act (marriage in a naval, military or air force chapel), section 1 of the Marriage (Registrar General's Licence) Act 1970 (deathbed marriage), where the marriage is according to religious rites or usages, or an armed forces overseas marriage Order, where the marriage is according to religious rites or usages, including any ceremony forming part of, or connected with, the solemnization of such a marriage; and a marriage ceremony read or celebrated in accordance with section 46 of the 1949 Act in respect of a same sex couple (religious ceremony after registrar's marriage of same sex couple); and a reference to conducting a relevant marriage is to be read accordingly.
In section 110 of the Equality Act 2010 (liability of employees and agents), after subsection (5) insert—.
In Schedule 3 to the Equality Act 2010 (services and public functions: exceptions), after Part 6 insert—.
Part 3 of the Marriage Act 1949
In Part 3 of the Marriage Act 1949, for section 26 substitute—.
After section 26 of the Marriage Act 1949 insert—.
Schedule 1 (registration of buildings etc) has effect.
After section 26A of the Marriage Act 1949 insert—.
Part 5 of the Marriage Act 1949
Part 5 of the Marriage Act 1949 is amended as follows.
Section 68 (solemnization of marriages in naval, military and air force chapels): after subsection (1) insert—.
Section 70 (registration of chapels for marriages otherwise than according to rites of Church of England): after subsection (3) insert—.
After section 70 insert—.
The Marriage (Registrar General's Licence) Act 1970
In section 1 of the Marriage (Registrar General's Licence) Act 1970 (marriages which may be solemnized by Registrar General's Licence), after subsection (2) insert—.
The Church in Wales
This section applies if the Lord Chancellor is satisfied that the Governing Body of the Church in Wales has resolved that the law of England and Wales should be changed to allow for the marriage of same sex couples according to the rites of the Church in Wales.
The Lord Chancellor must, by order, make such provision as the Lord Chancellor considers appropriate to allow for the marriage of same sex couples according to the rites of the Church in Wales.
The provision that may be made by an order under this section includes provision amending England and Wales legislation.
In making an order under this section, the Lord Chancellor must have regard to the terms of the resolution of the Governing Body mentioned in subsection (1).
If it appears to the Lord Chancellor—
that a reference in this section to the Governing Body has ceased to be appropriate by reason of a change in the governance arrangements of the Church in Wales, the reference has effect as a reference to such person or persons as the Lord Chancellor thinks appropriate; or
that a reference in this section to a resolution has ceased to be appropriate for that reason, the reference has effect as a reference to such decision or decisions as the Lord Chancellor thinks appropriate.
In Schedule 7 to the Constitutional Reform Act 2005 (functions of the Lord Chancellor which may not be transferred under the Ministers of the Crown Act 1975), in paragraph 4, at the end of Part A insert—.
Other provisions relating to marriages of same sex couples
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.
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.
Subsections (1) and (2) apply only where both parties to the civil partnership are of the same sex.
A civil partnership is within this subsection if—
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
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.
Regulations under this section may in particular make—
provision about the making by the parties to a civil partnership of an application to convert their civil partnership into a marriage;
provision about the information to be provided in support of an application to convert;
provision about the making of declarations in support of an application to convert;
provision for persons who have made an application to convert to appear before any person or attend at any place;
provision conferring functions in connection with applications to convert on relevant officials, relevant armed forces personnel, the Secretary of State, or any other persons;
provision for fees, of such amounts as are specified in or determined in accordance with the regulations, to be payable in respect of—
the making of an application to convert;
the exercise of any function conferred by virtue of paragraph (e).
Functions conferred by virtue of paragraph (e) of subsection (4) may include functions relating to—
the recording of information on the conversion of civil partnerships;
the issuing of certified copies of any information recorded;
the carrying out, on request, of searches of any information recorded and the provision, on request, of records of any information recorded (otherwise than in the form of certified copies);
the conducting of services or ceremonies (other than religious services or ceremonies) following the conversion of a civil partnership.
Subsection (5B) applies where regulations under this section provide for a fee to be payable to a superintendent registrar or registrar.
The regulations may provide for such part of the fee as may be specified in or determined in accordance with the regulations to be payable by the superintendent registrar or registrar to the Registrar General in such circumstances as may be set out in the regulations.
The regulations may provide for the reduction, waiver or refund of part or all of a fee whether by conferring a discretion or otherwise.
Where a civil partnership is converted into a marriage under this section—
the civil partnership ends on the conversion, and
the resulting marriage is to be treated as having subsisted since the date the civil partnership was formed.
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 member of Her Majesty's forces; 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—the Registrar General; a superintendent registrar; a registrar; a consular officer in the service of Her Majesty's government in the United Kingdom; 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.
A marriage under—is not prevented from being recognised under the law of England and Wales only because it is the marriage of a same sex couple.
the law of any part of the United Kingdom (other than England and Wales), or
the law of any country or territory outside the United Kingdom,
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—
already provides for marriage of same sex couples at the time when this section comes into force, or
provides for marriage of same sex couples from a later time.
Schedule 2 (extra-territorial matters) has effect.
Effect of extension of marriage
In the law of England and Wales, marriage has the same effect in relation to same sex couples as it has in relation to opposite sex couples.
The law of England and Wales (including all England and Wales legislation whenever passed or made) has effect in accordance with subsection (1).
Schedule 3 (interpretation of legislation) has effect.
Schedule 4 (effect of extension of marriage: further provision) has effect.
Subsections (1) and (2) and Schedule 3 do not have any effect in relation to—
Measures and Canons of the Church of England (whenever passed or made),
subordinate legislation (whenever made) made under a Measure or Canon of the Church of England, or
other ecclesiastical law (whether or not contained in England and Wales legislation, and, if contained in England and Wales legislation, whenever passed or made).
In Schedules 3 and 4—“existing England and Wales legislation” means—in the case of England and Wales legislation that is primary legislation, legislation passed before the end of the Session in which this Act is passed (excluding this Act), or in the case of England and Wales legislation that is subordinate legislation, legislation made on or before the day on which this Act is passed (excluding legislation made under this Act);“new England and Wales legislation” means—in the case of England and Wales legislation that is primary legislation, legislation passed after the end of the Session in which this Act is passed, or in the case of England and Wales legislation that is subordinate legislation, legislation made after the day on which this Act is passed.
Other provisions relating to marriage and civil partnership
Schedule 5 (change of gender of married persons or civil partners) has effect.
Schedule 6 (marriage overseas) has effect.
The Foreign Marriage Act 1892 is repealed.
The Secretary of State must arrange for a review of—
whether an order under subsection (4) should be made permitting marriages according to the usages of belief organisations to be solemnized on the authority of a marriage schedule, and
if so, what provision should be included in the order.
The arrangements made by the Secretary of State under subsection (1) must provide for the review to include a full public consultation.
The Secretary of State must arrange for a report on the outcome of the review to be produced and published before 1 January 2015.
The Secretary of State may by order make provision for and in connection with permitting marriages according to the usages of belief organisations to be solemnized on the authority of a marriage schedule.
An order under subsection (4) may—
amend any England and Wales legislation;
make provision for the charging of fees.
An order under subsection (4) must provide that no religious service may be used at a marriage which is solemnized in pursuance of the order.
In this section “belief organisation” means an organisation whose principal or sole purpose is the advancement of a system of non-religious beliefs which relate to morality or ethics.
The Secretary of State must arrange—
for the operation and future of the Civil Partnership Act 2004 in England and Wales to be reviewed, and
for a report on the outcome of the review to be produced and published.
Subsection (1) does not prevent the review from also dealing with other matters relating to civil partnership.
The arrangements made by the Secretary of State must provide for the review to begin as soon as practicable and include a full public consultation.
The Secretary of State must arrange for a review of the following matters relating to occupational pension schemes—
relevant differences in survivor benefits;
the costs, and other effects, of securing that relevant differences in survivor benefits are eliminated by the equalisation of survivor benefits.
For the purposes of this section, each of the following are relevant differences in survivor benefits—
differences between—
same sex survivor benefits, and
opposite sex survivor benefits provided to widows;
differences between—
same sex survivor benefits, and
opposite sex survivor benefits provided to widowers;
differences between—
opposite sex survivor benefits provided to widows, and
opposite sex survivor benefits provided to widowers.
The review must, in particular, consider these issues—
the extent to which same sex survivor benefits are provided in reliance on paragraph 18 of Schedule 9 to the Equality Act 2010;
the extent to which—are calculated by reference to different periods of pensionable service.
same sex survivor benefits, and
opposite sex survivor benefits,
The arrangements made by the Secretary of State must provide for the person or persons conducting the review to consult such other persons as the Secretary of State considers appropriate.
The Secretary of State must arrange for a report on the outcome of the review to be produced and published before 1 July 2014.
If the Secretary of State, having considered the outcome of the review, thinks that the law of England and Wales and Scotland should be changed for the purpose of eliminating or reducing relevant differences in survivor benefits, the Secretary of State may, by order, make such provision as the Secretary of State considers appropriate for that purpose.
An order under subsection (6) may amend—
England and Wales legislation;
Scottish legislation.
In this section—“occupational pension scheme” has the same meaning as in the Pension Schemes Act 1993 (see section 1 of that Act);“opposite sex survivor benefits” means survivor benefits provided to surviving spouses of marriages of opposite sex couples;“same sex survivor benefits” means survivor benefits provided to—surviving civil partners, and surviving spouses of marriages of same sex couples;“survivor benefits” means survivor benefits provided under occupational pension schemes.
Final provisions
The 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.
The 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.
The provision that may be made by an order under subsection (1) or (2) includes provision amending UK legislation.
Schedule 7 (transitional and consequential provision etc) has effect.
Any power of the Secretary of State or Lord Chancellor to make an order or regulations under this Act is exercisable by statutory instrument.
The 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—
an order under section 8;
the first regulations under section 9(1);
the first regulations under section 9(2);
an order under section 14;
an order under section 16;
an order under paragraph 1 of Schedule 2;
an order under paragraph 2 of Schedule 2;
an order under paragraph 27 of Schedule 4;
an order under paragraph 9(8) of Schedule 6.
The 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—
regulations under section 9(1) (except for the first such regulations);
regulations under section 9(2) (except for the first such regulations);
An order or regulations made under this Act may—
make different provision for different purposes,
make transitional, transitory or saving provision, or
make consequential provision.
The 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).
But the Secretary of State—
may 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; and
may 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.
Regulations made by the Registrar General under any enabling provision are subject to annulment in pursuance of a resolution of either House of Parliament.
But 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.
Any 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).
The Secretary of State or Lord Chancellor must—
obtain 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;
obtain 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.
In 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.
— 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
— 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 legislation
— Scottish legislation
— Northern Ireland legislation
In 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.
For further interpretation provision relating to this Act, see paragraph 5 of Schedule 3.
This Act extends to England and Wales.
These provisions of this Act also extend to Scotland—
Part 3.
These provisions of this Act also extend to Northern Ireland—
Part 3.
Subsections (1) to (3) do not apply to an amendment or repeal or revocation made by this Act.
An amendment or repeal or revocation made by this Act has the same extent as the provision amended or repealed or revoked.
Subsection (5) is subject to subsections (7) to (9).
Any amendment of the following Acts extends to England and Wales only—
the Social Security Contributions and Benefits Act 1992;
the Pension Schemes Act 1993;
the Human Fertilisation and Embryology Act 2008.
The 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).
Any 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).
This Act may be cited as the Marriage (Same Sex Couples) Act 2013.
Subject 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.
Registration of buildings etc
Introduction
Part 3 of the Marriage Act 1949 is amended in accordance with this Schedule.
Registration of buildings
After section 43 insert—.
Shared buildings
After section 44 insert—.
Extra-territorial matters
English and Welsh marriages of same sex couples: treatment in Scotland and Northern Ireland
Scotland
The Secretary of State may, by order, provide that, under the law of Scotland, a marriage of a same sex couple under the law of England and Wales is to be treated as a civil partnership formed under the law of England and Wales (and that, accordingly, the spouses are to be treated as civil partners).
The Secretary of State may by order—
provide for the treatment of a marriage as a civil partnership (by virtue of an order under sub-paragraph (1)) to have effect subject to provision made by the order;
specify cases in which a marriage is not to be treated as a civil partnership by virtue of an order under sub-paragraph (1).
The power conferred by sub-paragraph (1) may only be exercised if marriage of same sex couples is not lawful under the law of Scotland.
If marriage of same sex couples becomes lawful under the law of Scotland, that does not—
affect the validity of any order made under this paragraph; or
prevent the revocation of any such order (with or without transitional, transitory or saving provision being made) using the powers conferred by this paragraph.
Northern Ireland
Under the law of Northern Ireland, a marriage of a same sex couple under the law of England and Wales is to be treated as a civil partnership formed under the law of England and Wales (and accordingly, the spouses are to be treated as civil partners).
Sub-paragraph (1) does not apply on or after 13th January 2020 except for the purposes of proceedings commenced before that date under Chapter 2 of Part 4, or section 191, of the Civil Partnership Act 2004 (dissolution, nullity and other proceedings in Northern Ireland in respect of civil partnerships, and property disputes between civil partners).
The Secretary of State may by order—
provide for the treatment of a marriage as a civil partnership (by virtue of sub-paragraph (1)) to have effect subject to provision made by the order;
specify cases in which a marriage is not to be treated as a civil partnership by virtue of sub-paragraph (1).
Contrary provision
The treatment of a marriage as a civil partnership by virtue of an order under paragraph 1(1), or by virtue of paragraph 2, is subject to—including any such contrary provision contained in amendments of existing UK legislation.
any order made under paragraph 1(2) or 2(2), and
any other contrary provision made by—
the other provisions of this Act,
any other subordinate legislation made under this Act, and
any new UK legislation,
In this paragraph—“existing UK legislation” means—in the case of UK legislation that is primary legislation, legislation passed before the end of the Session in which this Act is passed (excluding this Act), or in the case of UK legislation that is subordinate legislation, legislation made on or before the day on which this Act is passed (excluding legislation made under this Act);“new UK legislation” means—in the case of UK legislation that is primary legislation, legislation passed after the end of the Session in which this Act is passed, or in the case of UK legislation that is subordinate legislation, legislation made after the day on which this Act is passed.
Marriage treated as civil partnership: dissolution, annulment or separation
Order made in relation to civil partnership: validity in relation to marriage
This paragraph applies in a case where a marriage of a same sex couple under the law of England and Wales is—
by virtue of an order under paragraph 1, treated under the law of Scotland as a civil partnership, or
by virtue of paragraph 2, treated under the law of Northern Ireland as a civil partnership.
If—that order has, throughout the United Kingdom, the same effect in relation to the actual marriage that it has in relation to the deemed civil partnership.
a final order is made in relation to the deemed civil partnership, and
the validity of that order is recognised throughout the United Kingdom,
If—that order has, throughout the United Kingdom, the same effect in relation to the couple as parties to the actual marriage that it has in relation to them as parties to the deemed civil partnership (and has effect in relation to any other persons accordingly).
a separation order is made in relation to the relevant couple as parties to the deemed civil partnership, and
the validity of that order is recognised throughout the United Kingdom,
In this paragraph—“actual marriage” means the marriage of the same sex couple under the law of England and Wales;“deemed civil partnership” means the civil partnership which the actual marriage is treated as being;“final order” means—the dissolution or annulment of a civil partnership obtained from a court of civil jurisdiction in any part of the United Kingdom; an overseas dissolution or annulment;“relevant couple” means the same sex couple who are parties to the actual marriage;“separation order” means—a legal separation of the parties to a civil partnership obtained from a court of civil jurisdiction in any part of the United Kingdom; an overseas legal separation of the parties to a civil partnership.
England and Wales: “overseas relationships” in Civil Partnership Act 2004
Marriage not an “overseas relationship” in England and Wales
The Civil Partnership Act 2004 is amended as follows.
Section 213 (specified relationships): after subsection (1) insert—.
Interpretation of legislation
Existing England and Wales legislation
Interpretation of existing England and Wales legislation
In existing England and Wales legislation—
a reference to marriage is to be read as including a reference to marriage of a same sex couple;
a reference to a married couple is to be read as including a reference to a married same sex couple; and
a reference to a person who is married is to be read as including a reference to a person who is married to a person of the same sex.
Where sub-paragraph (1) requires a reference to be read in a particular way, any related reference (such as a reference to a marriage that has ended, or a reference to a person whose marriage has ended) is to be read accordingly.
For the purposes of sub-paragraphs (1) and (2) it does not matter how a reference is expressed.
Interpretation of legislation about couples living together as if married
In existing England and Wales legislation—
a reference to persons who are not married but are living together as a married couple is to be read as including a reference to a same sex couple who are not married but are living together as a married couple;
a reference to a person who is living with another person as if they were married is to be read as including a reference to a person who is living with another person of the same sex as if they were married.
Where sub-paragraph (1) requires a reference to be read in a particular way, any related reference (such as a reference to persons formerly living together as a married couple) is to be read accordingly.
For the purposes of sub-paragraphs (1) and (2) it does not matter how a reference is expressed.
This paragraph applies to existing England and Wales legislation which deals differently with—
a man and a woman living together as if married, and
two men, or two women, living together as if civil partners.
If two men, or two women, are living together as if married, that legislation applies to them in the way that it would apply to them if they were living together as civil partners.
General
New England and Wales legislation
This paragraph applies to provision made by—including any such provision which amends existing England and Wales legislation.
this Act and any subordinate legislation made under it, or
new England and Wales legislation,
The following expressions have the meanings given—and related expressions are to be construed accordingly.
“husband” includes a man who is married to another man;
“wife” includes a woman who is married to another woman;
“widower” includes a man whose marriage to another man ended with the other man's death;
“widow” includes a woman whose marriage to another woman ended with the other woman's death;
A reference to marriage of same sex couples is a reference to—
marriage between two men, and
marriage between two women.
A reference to a marriage of a same sex couple is a reference to—
a marriage between two men, or
a marriage between two women.
A reference to a same sex couple who are not married but are living together as a married couple is a reference to—
two men who are not married but are living together as a married couple, or
two women who are not married but are living together as a married couple.
Effect of extension of marriage: further provision
Private legal instruments
Existing instruments
Section 11 does not alter the effect of any private legal instrument made before that section comes into force.
In this paragraph “private legal instrument” includes—but (with the exception of the kinds of private Act mentioned above) it does not include England and Wales legislation.
a will,
an instrument (including a private Act) which settles property,
an instrument (including a private Act) which provides for the use, disposal or devolution of property, and
an instrument (including a private Act) which—(whether the body is incorporated or not and whether it is charitable or not);
establishes a body, or
regulates the purposes and administration of a body,
Presumption on birth of child to married woman
Common law presumption
Section 11 does not extend the common law presumption that a child born to a woman during her marriage is also the child of her husband.
Accordingly, where a child is born to a woman during her marriage to another woman, that presumption is of no relevance to the question of who the child's parents are.
Divorce and annulment of marriage
Divorce
Section 1 of the Matrimonial Causes Act 1973 (divorce on breakdown of marriage) is amended as follows.
After subsection (5) insert—.
Annulment of marriage
Section 12 of the Matrimonial Causes Act 1973 (grounds on which a marriage is voidable) is amended as follows.
The existing provision of section 12 becomes subsection (1) of that section.
After that subsection (1) insert—.
Matrimonial proceedings
Amendment of the Domicile and Matrimonial Proceedings Act 1973
The Domicile and Matrimonial Proceedings Act 1973 is amended as follows.
Section 5 (jurisdiction of High Court and county courts) is amended in accordance with this paragraph.
Subsection (1): after “entertain” insert “ any of the following proceedings in relation to a marriage of a man and a woman ”.
After subsection (5) insert—.
Subsection (6): after “Wales” insert “ (whether the proceedings are in respect of the marriage of a man and a woman or the marriage of a same sex couple) ”.
Section 6 (miscellaneous amendments, transitional provision and savings), subsection (3): after “Act” (in the first place) insert “ , or by virtue of Schedule A1 to this Act, ”.
Before Schedule 1 insert—.
Schedule 1 (staying of matrimonial proceedings in England and Wales: interpretation), paragraph 2: after “kinds” insert “ (whether relating to a marriage of a man and a woman or a marriage of a same sex couple) ”.
Transitory provision until commencement of Presumption of Death Act 2013
This paragraph applies if section 1 of the Presumption of Death Act 2013 has not come into force at the time when the amendments of the Domicile and Matrimonial Proceedings Act 1973 made by the other provisions of this Part of this Schedule come into force.
Schedule A1 to the Domicile and Matrimonial Proceedings Act 1973 has effect with the following modifications until section 1 of the Presumption of Death Act 2013 comes into force.
Paragraph 1 has effect with the following provision substituted for paragraph (b)—.
Schedule A1 has effect with the following provision substituted for paragraph 3—.
State pensions
Category B retirement pension for married person
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Category B retirement pension for widows and widowers
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Category B retirement pension for widowers
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Graduated retirement benefit
Section 62 of the Social Security Contributions and Benefits Act 1992 (graduated retirement benefit) is amended as follows.
Subsection (1): after paragraph (ac) insert—.
After subsection (2) insert—
Adult dependency increases
In a case where a full gender recognition certificate is issued to a person under the Gender Recognition Act 2004—
section 83 of the 1992 Act (pension increase (wife)) does not cease to apply by virtue of the change of gender; and
in the continued application of section 83 in such a case, references to a pension payable to a man, or references to his wife, are to be construed accordingly.
In a case where a full gender recognition certificate is issued to a person under the Gender Recognition Act 2004—
section 84 of the 1992 Act (pension increase (husband)) does not cease to apply by virtue of the change of gender; and
in the continued application of section 84 in such a case, references to a pension payable to a woman, or references to her husband, are to be construed accordingly.
In this paragraph “the 1992 Act” means the Social Security Contributions and Benefits Act 1992.
Converted civil partnerships
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Occupational pensions and survivor benefits
Benefits dependent on marriage of same sex couples
Paragraph 18 of Schedule 9 to the Equality Act 2010 (work: exceptions) is amended as follows.
Sub-paragraph (1): for “married” substitute “ within sub-paragraph (1A) ”.
After sub-paragraph (1) insert—.
Pension Schemes Act 1993
The Pension Schemes Act 1993 is amended in accordance with paragraphs 19 to 26.
In section 8(2) (meaning of certain terms), in the definition of “guaranteed minimum pension”, after “widower's” insert “, surviving same sex spouse's”.
Section 17 (minimum pensions for widows and widowers) is amended as follows.
Subsection (2)—
paragraph (a): after “man” insert “ , or a woman in a relevant gender change case, ”;
after paragraph (c) insert—.
Subsection (4): after “partner's” insert “or surviving same sex spouse's”.
Subsection (5): at the beginning insert “ In the case of a woman who is the widow of a man, ”.
Subsection (6)—
at the beginning insert “ In any other case, ”;
after “widower's” insert “, widow's”.
After subsection (9) insert—.
Section 24D (survivors' benefits) is amended as follows.
Subsection (2): after “earner” insert“ is a man married to a woman or a woman married to a woman in a relevant gender change case, and the earner ”.
Subsection (3)—
after “earner” insert“ is a married woman (other than in a relevant gender change case), a man married to a man, or a civil partner, and the earner ”;
after “widower” insert“ , widow ”.
After subsection (3) insert—.
Section 37 (alteration of rules of contracted-out schemes) is amended as follows.
For subsection (4) substitute—.
Before section 39 insert—.
In section 47 (further provisions about effect of entitlement to guaranteed minimum pension on payment of social security benefits), in subsection (1) after “widower” insert “ , surviving same sex spouse ”.
In section 84 (basis of revaluation), in subsection (5), after “widower” insert “ , surviving same sex spouse ”.
In Schedule 3 (methods of revaluing accrued pension benefits), in paragraph 1(1E)(b), after “widower” insert “ , surviving same sex spouse ”.
Provisions which limit equivalence of all marriages etc
Contrary provision
The relevant enactments are subject to—
the preceding provisions of this Schedule, and
any order under sub-paragraph (3).
The relevant enactments are subject to any other contrary provision made by—including any such contrary provision contained in amendments of existing England and Wales legislation.
the other provisions of this Act,
any other subordinate legislation made under this Act, and
any new England and Wales legislation,
The Secretary of State may by order—
provide that a relevant enactment has effect subject to provision made by the order, or
specify cases in which a relevant enactment does not apply.
In this paragraph “relevant enactment” means—
section 9(6)(b) (marriage arising from conversion of civil partnership treated as having subsisted from formation of civil partnership).
Change of gender of married persons or civil partners
Applications by married persons and civil partners
Introduction
The Gender Recognition Act 2004 is amended in accordance with this Part of this Schedule.
Evidence
Section 3 (evidence): after subsection (6) insert—.
Successful applications
Section 4 (successful applications): for subsections (2) and (3) substitute—.
Issue of full certificate after interim certificate: applicant married
After section 4 insert—.
Applications by both civil partners
After section 5A insert—.
Errors in certificates
Section 6 (errors in certificates)—
for the title substitute “ Errors ”;
for subsection (1) substitute—;
subsection (3): for paragraph (a) substitute—;
subsection (4): for “a corrected” substitute “ a correct, or a corrected, ”.
Applications: supplementary
Section 7 (applications: supplementary), subsection (1): after “1(1),” insert “ 4A, ”.
Appeals etc
Section 8 (appeals etc)—
subsection (1): after “1(1),” insert “ 4A, ”;
subsection (5): after “1(1),” insert “ 4A, ”;
after subsection (5) insert—;
subsection (6): after “subsection (5)” insert “ or an application under subsection (5A) ”.
Registration
Section 10 (registration): after subsection (1) insert—.
Schedule 3 (registration), Part 1 (England and Wales): at end insert—.
Change in gender of party to marriage
After section 11 insert—.
Change in gender of civil partners
After section 11A (inserted by paragraph 10) insert—.
Foreign gender change and marriage
Section 21 (foreign gender change and marriage)—
after subsection (1) insert—;
subsection (2): for “Accordingly,” substitute “ In accordance with subsection (1), ”.
Prohibition on disclosure of information
Section 22 (prohibition on disclosure of information), subsection (2)(a): after “section” insert “ 4A, ”.
Interpretation
Section 25 (interpretation)—
after the definition of “Gender Recognition Panel” insert—;
after the definition of “registered psychologist” insert—.
Alternative grounds for granting applications for gender recognition certificates
Introduction
The Gender Recognition Act 2004 is amended in accordance with this Part of this Schedule.
Alternative grounds for granting applications
Section 2 (determination of applications): after subsection (3) insert—
After section 3 insert—
Evidence for granting applications on alternative grounds
Section 3 (evidence): after subsection (8) insert—
After section 3A (inserted by paragraph 17) insert—.
Membership of Panels determining applications on alternative grounds
Schedule 1 (Gender Recognition Panels), paragraph 4: after sub-paragraph (2) insert—.
Marriage overseas
Consular marriage under UK law
Provision for consular marriage
Her Majesty may by Order in Council make provision for two people to marry each other—in cases where the officer is satisfied that the conditions in sub-paragraph (2) are met.
in prescribed countries or territories outside the United Kingdom, and
in the presence of a registration officer,
The conditions are that—
at least one of the people proposing to marry is a United Kingdom national,
the people proposing to marry would have been eligible to marry each other in such part of the United Kingdom as is determined in accordance with the Order,
the authorities of the country or territory in which it is proposed that they marry will not object to the marriage, and
insufficient facilities exist for them to enter into a marriage under the law of that country or territory.
For the purposes of sub-paragraph (2)(b), two people who are in a qualifying civil partnership with each other are to be treated as not having been eligible to marry each other in Scotland.
In sub-paragraph (3) “qualifying civil partnership” has the meaning given by section 5(6) of the Marriage (Scotland) Act 1977.
Refusal by registration officer
A registration officer is not required to allow two people to marry each other if the registration officer's opinion is that a marriage between them would be inconsistent with international law or the comity of nations.
An Order in Council under this Part of this Schedule may make provision for appeals against a refusal, in reliance on sub-paragraph (1), to allow two people to marry each other.
No religious service
No religious service is to be used at the solemnization of a consular marriage.
Treatment of marriage as taking place in part of UK for certain purposes
An Order in Council under this Part of this Schedule may provide that two people who marry in a consular marriage are to be treated for prescribed purposes as if they had married in the relevant part of the United Kingdom.
Validity of consular marriage
A consular marriage is valid in law as if the marriage had been solemnized in the relevant part of the United Kingdom with a due observance of all forms required by the law of the relevant part of the United Kingdom.
Interpretation
In this Part of this Schedule—“consular marriage” means a marriage solemnized in accordance with the provisions of this Part of this Schedule and any Order in Council made under it;“registration officer” means—a consular officer in the service of Her Majesty's government in the United Kingdom, or in the case of registration in a country or territory in which Her Majesty's government in the United Kingdom has for the time being no consular representative, a person authorised by the Secretary of State in respect of the solemnization of marriages in that country or territory;“relevant part of the United Kingdom”, in relation to a consular marriage, means the part of the United Kingdom determined in accordance with paragraph 1(2)(b) for the purposes of the marriage.
Marriage under foreign law: certificates of no impediment
Provision for certificates of no impediment
Her Majesty may by Order in Council make provision for the issue of certificates of no impediment to—who wish to marry in prescribed countries or territories outside the United Kingdom.
United Kingdom nationals, and
such other persons as may be prescribed,
A certificate of no impediment is a certificate that no legal impediment to the recipient entering into the marriage has been shown to the person issuing the certificate to exist.
Marriage of forces personnel under UK law
Provision for marriage of armed forces personnel
Her Majesty may by Order in Council make provision for—in the presence of an authorised person, in cases where the authorised person is satisfied that the conditions in sub-paragraph (2) are met.
a man and a woman to marry each other in any country or territory outside the United Kingdom, and
for a same sex couple to marry in prescribed countries or territories outside the United Kingdom,
The conditions are that—
at least one of the people proposing to marry is—
a member of Her Majesty's forces serving in the country or territory in which it is proposed that they marry,
a relevant civilian who is employed in that country or territory, or
a child of a person falling within sub-paragraph (i) or (ii) whose home is with that person in that country or territory, and
the people proposing to marry would have been eligible to marry each other in such part of the United Kingdom as is determined in accordance with the Order.
In a case where one person (“P”) treats, or has treated, another person (“C”), as a child of the family in relation to—C is to be regarded for the purposes of sub-paragraph (2)(a)(iii) as the child of P.
a marriage to which P is or was a party, or
a civil partnership to which P is or was a party,
For the purposes of sub-paragraph (2)(b), two people who are in a qualifying civil partnership with each other are to be treated as not having been eligible to marry each other in Scotland.
In sub-paragraph (4) “qualifying civil partnership” has the meaning given by section 5(6) of the Marriage (Scotland) Act 1977.
Religious services at forces marriages of same sex couples
An Order in Council under this Part of this Schedule may make provision about the solemnization of forces marriages of same sex couples according to religious rites and usages.
An Order in Council may, in particular, make provision—
prohibiting the solemnization of such marriages according to particular religious rites or usages; or
permitting the solemnization of such marriages according to particular religious rites or usages.
Sub-paragraph (2)(b) is subject to sub-paragraphs (4) and (5).
An Order in Council may not make provision allowing the solemnization of forces marriages of same sex couples according to the rites of the Church of England or Church in Wales.
If an Order in Council makes provision allowing the solemnization of forces marriages of same sex couples according to particular religious rites or usages (other than those of the Church of England or Church in Wales), the Order in Council must also make provision to secure that such a marriage may not be solemnized according to those rites or usages unless the relevant governing authority has given written consent to marriages of same sex couples.
The person or persons who are the relevant governing body for that purpose are to be determined in accordance with provision made by an Order in Council under this Part of this Schedule.
This paragraph does not affect the provision that may be made about the solemnization of forces marriages of opposite sex couples according to religious rites and usages.
If section 8 applies, the Lord Chancellor may, by order, make such relevant amending provision as the Lord Chancellor considers appropriate to allow for the solemnization of forces marriages of same sex couples according to the rites of the Church in Wales.
For that purpose “relevant amending provision” means—
provision amending sub-paragraphs (4) and (5) by omitting the words “or Church in Wales”;
provision amending any Order in Council made under this Part of this Schedule;
provision amending any other UK legislation (including legislation contained in this Part of this Schedule).
In making an order under sub-paragraph (8), the Lord Chancellor must have regard to the terms of the resolution of the Governing Body of the Church in Wales referred to in section 8(1).
Treatment of marriage as taking place in part of UK for certain purposes
An Order in Council under this Part of this Schedule may provide that two people who marry in a forces marriage are to be treated for prescribed purposes as if they had married in the relevant part of the United Kingdom.
Validity of forces marriage
A forces marriage is valid in law as if the marriage had been solemnized in the relevant part of the United Kingdom with a due observance of all forms required by the law of the relevant part of the United Kingdom.
Interpretation
In this Part of this Schedule—
a reference to a country or territory includes a reference to the waters of a country or territory;
a reference to Her Majesty's forces serving in a country or territory includes a reference to such forces serving in a ship in the waters of a country or territory;
a reference to a relevant civilian employed in a country or territory includes a reference to such a civilian employed in a ship in the waters of a country or territory.
In this Part of this Schedule—“authorised person”, in relation to a marriage in a country or territory outside the United Kingdom, means—a chaplain serving in any of Her Majesty's forces in that country or territory, or a person authorised by the commanding officer of any of Her Majesty's forces in that country or territory to conduct that marriage or marriages generally;“commanding officer” has the same meaning as in the Armed Forces Act 2006;“forces marriage” means a marriage solemnized in accordance with the provisions of this Part of this Schedule and any Order in Council made under it;“Her Majesty's forces” has the same meaning as in the Armed Forces Act 2006;“relevant civilian” means a civilian subject to service discipline (within the meaning of the Armed Forces Act 2006) who is of a prescribed description;“relevant part of the United Kingdom”, in relation to a forces marriage, means the part of the United Kingdom determined in accordance with paragraph 8(2)(b) for the purposes of the marriage.
General provisions
Parliamentary scrutiny
No recommendation is to be made to Her Majesty in Council to make an Order in Council under this Schedule unless a draft of the statutory instrument containing the Order in Council has been laid before, and approved by resolution of, each House of Parliament.
In the case of an Order in Council containing provision which would (if contained in an Act of the Scottish Parliament) be within the legislative competence of that Parliament, no recommendation is to be made to Her Majesty under this paragraph unless the Scottish Ministers have been consulted.
Particular kinds of provision
An Order in Council under this Schedule may—
make different provision for different purposes,
make transitional, transitory or saving provision, or
make consequential provision.
An Order in Council under this Schedule may make provision corresponding to, or applying (with or without modifications), any UK legislation.
An Order in Council under this Schedule may amend, repeal or revoke UK legislation.
Interpretation
In this Schedule—“prescribed” means prescribed by an Order in Council made under this Schedule;“United Kingdom national” means a person who is—a British citizen, a British overseas territories citizen, a British Overseas citizen or a British National (Overseas), a British subject under the British Nationality Act 1981, or a British protected person, within the meaning of that Act.
Transitional and consequential provision etc
Transitional and transitory provision
Approval of premises for civil weddings
The 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.
Any 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.
Any 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.
In 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.
Minor and consequential amendments
Marriage Act 1949 (c. 76)
The Marriage Act 1949 is amended as follows.
Section 3 (marriages of persons under 18), subsection (1): after “widow” insert “ or a surviving civil partner ”.
Section 25 (void marriages) is amended as follows.
At the beginning insert—.
The existing wording of section 25 becomes subsection (2) of that section; and, at the beginning of that subsection, for “If any persons” substitute—.
For the words after paragraph (d) substitute—.
Section 27A (additional information required in certain cases), subsection (1): after “section 26(1)(dd)” insert “ or 26B(6) ”.
After section 27C insert—.
Section 28A (power to require evidence) is amended in accordance with this paragraph.
After subsection (1) insert—.
Subsection (2): for “Such a requirement” substitute “ A requirement under subsection (1) or (1A) ”.
Section 41 (registration of buildings) is amended in accordance with this paragraph.
The title: at the end insert “ : marriage of a man and a woman ”.
After subsection (1) insert—.
Section 42 (cancellation of registration and substitution of another building) is amended in accordance with this paragraph.
For the title substitute “ Cancellation of registration under section 41: building no longer used ”.
Subsection (1): for “registered building” substitute “ building registered under section 41 ”.
Section 43 (appointment of authorised persons) is amended in accordance with this paragraph.
For the title substitute “ Buildings registered under section 41: appointment of authorised persons ”.
Subsection (1): for “registered building” (in each place) substitute “ building registered under section 41 ”.
For the proviso to subsection (1) substitute—.
Omit subsection (2).
Section 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), ”.
Section 45A (solemnization of certain marriages), subsection (1): after “section 26(1)(dd)” insert “ or 26B(6) ”.
Section 46 (register office marriage followed by religious ceremony) is amended in accordance with this paragraph.
Subsection (1): for “marriage solemnised in the presence of a superintendent registrar” substitute “ relevant marriage ”.
After subsection (1) insert—.
Section 48 (proof of certain matters not necessary to validity of marriages), subsection (1)—
paragraph (d): omit “or”;
after paragraph (d) insert—;
at the end of paragraph (e) insert.
After section 49 insert—.
Section 53, paragraph (c): for the words from “religion” to the end substitute.
Section 69 (licensing of chapels for marriages according to rites of Church of England), subsection (5): for “authorised persons” substitute “ persons authorised under section 43 ”.
Section 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 ”.
Section 75 (offences relating to solemnization of marriages) is amended in accordance with this paragraph.
Subsection (2)(bb): after “section 26(1)(dd)” insert “ or 26B(6) ”.
Subsection (3)(d): after “(dd)” insert “ or 26B(6) ”.
Subsection (5): after “seventy” insert “ or 70A ”.
Section 78 (interpretation) is amended in accordance with this paragraph.
Subsection (1)—
for the definition of “authorised person” substitute—;
after the definition of “ecclesiastical district” insert—;
definition of “registered building”: for “Part III” substitute “ section 41 or section 43A ”.
After subsection (5) insert—.
Schedule 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.
Part 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. ”.
Part 4 (modification of provisions relating to marriages otherwise than according to the rites of the Church of England), after “forty-three,” insert “ 43B, ”.
Marriage (Registrar General's Licence) Act 1970
The Marriage (Registrar General's Licence) Act 1970 is amended as follows.
Section 1 (marriages which may be solemnized by Registrar General's licence), subsection (2): after “section 26(1)(dd)” insert “ or 26B(6) ”.
Section 2 (notice of marriage), after subsection (3) insert—.
After section 13 insert—.
Matrimonial Causes Act 1973 (c. 18)
The Matrimonial Causes Act 1973 is amended as follows.
Section 11 (grounds on which a marriage is void): omit paragraph (c).
Public Order Act 1986 (c. 64)
Section 29JA of the Public Order Act 1986 (protection of freedom of expression (sexual orientation)) is amended in accordance with this paragraph.
The existing provision of section 29JA becomes subsection (1) of that section.
After that provision insert—.
Social Security Contributions and Benefits Act 1992 (c. 4)
The Social Security Contributions and Benefits Act 1992 is amended as follows.
Section 48 (use of former spouse's or civil partner's contributions): after subsection (4) insert—.
Pension Schemes Act 1993 (c. 48)
The Pension Schemes Act 1993 is amended as follows.
Section 99 (trustees' duties after exercise of option), subsection (3)(b): for “his widow” substitute “ his or her surviving spouse or civil partner ”.
Civil Partnership Act 2004 (c. 33)
The Civil Partnership Act 2004 is amended as follows.
Section 1 (civil partnership), subsection (3)—
after “only” insert “ (a) ”;
after “annulment” insert.
Section 4 (parental etc consent where proposed civil partner under 18), subsection (3): after “partner” insert “ or a widower or a widow ”.
Section 210 (registration at British consulates etc), subsection (6), paragraph (b) of the definition of “Registration officer”: after “country” (in both places) insert “ or territory ”.
Human Fertilisation and Embryology Act 2008 (c. 22)
The Human Fertilisation and Embryology Act 2008 is amended as follows.
Section 35 (woman married at time of treatment) is amended in accordance with this paragraph.
The title: after “married” insert “ to a man ”.
Subsection (1)(a): after “marriage” insert “ with a man ”.
Section 40 (embryo transferred after death of husband etc who did not provide sperm), subsection (1)(b): after “marriage” insert “ with a man ”.
Section 42 (woman in civil partnership at time of treatment) is amended in accordance with this paragraph.
The title: after “partnership” insert “ or marriage to a woman ”.
Subsection (1)—
after “partnership” (in the first place) insert “ or a marriage with another woman ”;
after “partnership” (in the second place) insert “ or marriage ”.
Section 46 (embryo transferred after death of civil partner or intended female parent) is amended in accordance with this paragraph.
The title: after “civil partner” insert “ or wife ”.
Subsection (1)—
paragraph (b), after “partnership” insert “ or marriage with another woman ”;
paragraphs (c), (d) and (e), after “partnership” insert “ or marriage ”;
the words after paragraph (f), after “partnership” insert “ or marriage ”.
Equality Act 2010 (c. 15)
The Equality Act 2010 is amended as follows.
Section 23 (comparison by reference to circumstances) is amended in accordance with this paragraph.
Subsection (3): after “married” insert “ to a person of the opposite sex ”.
After subsection (3) insert—.
Schedule 3 (services and public functions: exceptions): for the title to Part 6 substitute— “ Marriage: gender reassignment ”.
Schedule 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—.