The Marriage (Same Sex Couples) Act 2013 and Marriage and Civil Partnership (Scotland) Act 2014 (Consequential Provisions) Order 2014

Publication Date:January 01, 2014

2014No. 3061

MARRIAGE

CIVIL PARTNERSHIP

DEVOLUTION, SCOTLAND

The Marriage (Same Sex Couples) Act 2013 and Marriage and Civil Partnership (Scotland) Act 2014 (Consequential Provisions) Order 2014

17thNovember2014

18thNovember2014

This Order is made in exercise of the powers conferred by section 17(2) and (3) of the Marriage (Same Sex Couples) Act 2013( 1), by section 259(1) and (4) of the Civil Partnership Act 2004( 2) and by sections 104, 112(1) and 113(2) to (5) of the Scotland Act 1998( 3).

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 article 5 and Schedule 4 to this Order.

The Secretary of State, in exercise of those powers, makes the following Order:

Citation, commencement, interpretation and extent

1. (1) This Order may be cited as the Marriage (Same Sex Couples) Act 2013 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 provisions mentioned in paragraphs (6) and (7) so far as they extend to Scotland, come into force on 16th December 2014.

(4) In this Order-

(a) "the 2013 Act" means the Marriage (Same Sex Couples) Act 2013, and

(b) "the 2014 Act" means the Marriage and Civil Partnership (Scotland) Act 2014( 4).

(5) Subject to paragraphs (6) and (7), this Order extends to England and Wales only.

(6) The following provisions extend also to Scotland-

(a) paragraphs 2, 4 and 5 of Schedule 1 and article 2 so far as it applies to those paragraphs, and

(b) this article, article 5 and Schedule 4.

(7) Article 3 and Schedule 2 extend to Scotland only.

Amendments to enactments etc.

2. Schedule 1 (which amends enactments etc. in consequence of the 2013 Act, the 2014 Act and the Civil Partnership Act 2004) has effect.

Amendments to enactments etc.: Scotland

3. Schedule 2 (which amends enactments etc. in consequence of the 2014 Act and the Civil Partnership Act 2004) has effect.

Amendments to enactments etc. concerning the Church of England

4. Schedule 3 (which amends enactments etc. concerning the Church of England in consequence of the 2013 Act) has effect.

Consequential provisions relating to certified copies of entries of consular marriages

5. Schedule 4 (which makes consequential provision concerning legislation on consular marriages) has effect.

Nick Boles

Minister of State for Skills and Equalities

Department for Business Innovation & Skills

17th November 2014

SCHEDULE 1

Article 2

Consequential amendments to subordinate legislation

PART 1

Enactments: general

Marriage (Authorised Persons) Regulations 1952

1. In regulation 2 of the Marriage (Authorised Persons) Regulations 1952( 5) (interpretation), in the definition of "trustees or governing body"-

(a) for "70" substitute "70 or 70A", and

(b) for "that section" substitute "those sections".

Service Departments Registers Order 1959

2. (1) The Service Departments Registers Order 1959( 6) is amended as follows.

(2) Article 1( 7) (application of order) is renumbered as article 1(1).

(3) In article 1(1)(a), for "solemnised" substitute "entered into".

(4) After article 1(1) insert-

"(2) In this Order, "marriages" includes marriages which result from-

(a) the conversion of a civil partnership under section 9 of the Marriage (Same Sex Couples) Act 2013 and regulations made under that section; and

(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( 8);

(ii) the Marriage and Civil Partnership (Scotland) Act 2014; or

(iii) any relevant order.

(3) For the purposes of paragraph (2) "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 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( 9)) 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).".

(5) In article 3( 10) (qualified informants)-

(a) in paragraph (2)(b), omit "or",

(b) after paragraph (2)(c) insert-

"(d) a person who has solemnised a marriage to which this Order applies under the Overseas Marriage (Armed Forces) Order 2014( 11),

(e) a person who has carried out a 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

(f) a person who has carried out a change of a civil partnership into a marriage,",

(c) in paragraph (4)(c)(i), omit "or",

(d) for paragraph (4)(c)(ii) substitute-

"(ii) where the marriage is solemnised, the priest or other person conducting the ceremony;",

(e) after paragraph (4)(c)(ii) insert-

"(iii) the person who has carried out a conversion of a civil partnership under section 9 of the Marriage (Same Sex Couples) Act 2013 and regulations made under that section; or

(iv) the person who has carried out a change of a civil partnership into a marriage;", and

(f) after paragraph (6) insert-

"(7) For the purposes of this article a reference to a change of a civil partnership into a marriage is to be read in accordance with article 1(2)(b) and (3).".

Registration of Births, Deaths and Marriages Regulations 1968

3. In regulation 11 of the Registration of Births, Deaths and Marriages Regulations 1968( 12) (statistical returns), after "marriages" insert "(including marriages resulting from the conversion of a civil partnership under section 9 of the Marriage (Same Sex Couples) Act 2013 and regulations made under that section)".

Social Security (Credits) Regulations 1975

4. (1) The Social Security (Credits) Regulations 1975( 13) are amended as follows.

(2) In regulation 8C(2)( 14) (credits on termination of bereavement benefits) for "a person of the opposite sex as husband and wife" substitute "another person as a married couple".

(3) In paragraph 3 of the Schedule( 15) (persons who may qualify as carers for a child under the age of 12)-

(a) omit sub-paragraphs (a) and (b), and

(b) after "consisting of" insert "two people who are not married to or civil partners of each other but are living together as a married couple.".

Social Security (Widow's Benefit, Retirement Pensions and Other Benefits) (Transitional) Regulations 1979

5. In regulation 7(10) of the Social Security (Widow's Benefit, Retirement Pensions and Other Benefits) (Transitional) Regulations 1979( 16) (modifications for widowed mother's allowance, widow's pension and category A and B retirement pensions)-

(a) after "former spouse" in each place it occurs insert "or former civil partner",

(b) after "said spouse" insert "or civil partner",

(c) after "former spouse's" insert "or former civil partner's", and

(d) after "whichever is the earlier" insert "(or, in the case of a civil partnership, the year 1975/76)".

Registration of Marriages Regulations 1986

6. In regulation 11(2) of the Registration of Marriages Regulations 1986( 17) (manner of registration)-

(a) in sub-paragraph (ea)-

(i) after "two parties" insert "of the same sex", and

(ii) omit ", if the parties specifically request and", and

(b) after sub-paragraph (ea) insert-

"(eb) if the marriage is between a man and a woman who have previously been through a form of civil partnership with each other (not being a civil partnership which is known to be void) and neither of them has since formed a civil partnership with, or married, a third party, then notwithstanding sub-paragraphs (ca) and (da), if the parties specifically request and-

(i) if the previous civil partnership has been terminated by final order of dissolution, he shall enter the words, "Previously formed a civil partnership at… on… Civil partnership dissolved on… ", inserting particulars of the place and date of previous civil partnership and the date of dissolution, or

(ii) if the previous civil partnership was annulled, he shall enter the words, "Previously formed a civil partnership at… on… Civil partnership annulled on… ", inserting the particulars of the place and date of the previous civil partnership and the date of its annulment;".

Registration of Births and Deaths Regulations 1987

7. In regulation 9(7)(b) of the Registration of Births and Deaths Regulations 1987( 18) (entry of particulars on registration), after "child" insert "(and where the marriage results from the conversion of a civil partnership under section 9 of the Marriage (Same Sex Couples) Act 2013 and regulations made under that section, the name to be entered is that used for the conversion, if different)".

Standards Committees (Wales) Regulations 2001

8. (1) In the Standards Committees (Wales) Regulations 2001( 19), in regulation 2 (interpretation), in the definition of "lay panel member", after "spouse" insert "or civil partner".

(2) In the Welsh text, in the Standards Committees (Wales) Regulations 2001, in regulation 2 (dehongli), in the definition of "aelod panel lleyg" ("lay panel member"), after "briod" insert "neu'n bartner sifil".

Special Guardianship (Wales) Regulations 2005

9. (1) In each of paragraph 3(c) and paragraph 4(e) of the Schedule to the Special Guardianship (Wales) Regulations 2005( 20) (reports - matters prescribed for the purposes of section 14A(8)(b) of the Children Act 1989), after "civil partnership" in the second place it...

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