Marriage (Same Sex Couples) Act 2013

Religious services at forces marriages of same sex couples

9 (1) 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.

(2) An Order in Council may, in particular, make provision—

(a) prohibiting the solemnization of such marriages according to particular religious rites or usages; or

(b) permitting the solemnization of such marriages according to particular religious rites or usages.

(3) Sub-paragraph (2)(b) is subject to sub-paragraphs (4) and (5).

(4) 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.

(5) 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.

(6) 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.

(7) 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.

(8) 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.

(9) For that purpose “relevant amending provision” means—

(a) provision amending sub-paragraphs (4) and (5) by omitting the words “or Church in Wales”;

(b) provision amending any Order in Council made under this Part of this Schedule;

(c) provision amending any other UK legislation (including legislation contained in this Part of this Schedule).

(10) 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).