The Marriage (Same Sex Couples) Act 2013 (Consequential and Contrary Provisions and Scotland) (No. 2) Order 2014

Article 2

SCHEDULE 1 Consequential Amendments to Acts of Parliament

Wills Act 1837

1.—(1) The Wills Act 1837(1) is amended as follows.

(2) In section 18(2) (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 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.”.

(3) After section 18C(3) insert—

“Effect on subsisting will of conversion of civil partnership into marriage

18D— (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 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, and “converted” is to be read accordingly.”.

Perjury Act 1911

2.—(1) Section 3 of the Perjury Act 1911(4) (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 2013 and regulations made under that section.”.

Marriage Act 1949

3.—(1) The Marriage Act 1949(5) is amended as follows.

(2) In section 46(6) (register office marriage followed by religious ceremony), in subsection (2)—

(a) for “any marriage previously solemnised in the presence of a superintendent registrar” substitute “the relevant marriage”, and

(b) at the end 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.”.

(3) In section 65(7) (searches of indexes kept by Registrar General)—

(a) after subsection (1), insert—

“(1A) The Registrar General shall cause indexes of all copies of entries in consular marriage registers sent to the Registrar General to be made and kept in the General Register Office.”,

(b) in subsection (2), after “register books,” insert “or entry in the consular marriage register, as the case may be,”, and

(c) after subsection (3) insert—

“(3A) In this section, “consular marriage register” means any register of marriages required to be maintained by an Order under Part 1 of Schedule 6 to the Marriage (Same Sex Couples) Act 2013.”.

Registration of Births, Deaths and Marriages (Special Provisions) Act 1957

4.—(1) The Registration of Births, Deaths and Marriages (Special Provisions) Act 1957(8) is amended as follows.

(2) In section 1(9) (records of deaths, births and marriages among armed forces and service civilians and their families overseas), in subsection (1), for “solemnised” substitute “entered into”.

(3) In section 3(10) (general provisions as to service departments records), after “1874” in both places it occurs insert “or of regulations made under section 9 of the Marriage (Same Sex Couples) Act 2013”.

Public Libraries and Museums Act 1964

5.  In Schedule 1 to the Public Libraries and Museums Act 1964(11) (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 1973

6.—(1) The Matrimonial Causes Act 1973(12) is amended as follows.

(2) In section 11(13) (grounds on which a marriage is void), after “1971” insert “, other than a marriage to which section 12A applies,”.

(3) In section 12(14) (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 voidable

12A.— (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 1973

7.  In paragraph 8(1)(b) of Schedule 1 to the Domicile and Matrimonial Proceedings Act 1973(15) (staying of matrimonial proceedings (England and Wales)), for “its celebration” substitute “they entered into it”.

Social Security Pensions Act 1975

8.—(1) Section 59 of the Social Security Pensions Act 1975(16) (increase of official pensions) is amended as follows.

(2) In subsection (5ZB)(17), 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)(18)—

(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,”, and

(d) in paragraph (b), after “sex” insert “(other than a pension within paragraph (a)(iii) or (iv))”.

(4) In subsection (7)(19), 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 2004; 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 1976

9.  In section 1 of the Legitimacy Act 1976(20) (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 marriage.”.

Forgery and Counterfeiting Act 1981

10.—(1) Section 5 of the Forgery and Counterfeiting Act 1981(21) (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 1992

11.—(1) Schedule 5 to the Social Security Contributions and Benefits Act 1992(22) (pension increase or lump sum where entitlement to retirement pension is deferred) is amended as follows.

(2) In paragraph 5(2)(23)—

(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),”, and

(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 5A(24)—

(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.”, and

(b) in sub-paragraphs (2) and (3), for “husband” in each place it appears substitute “spouse”.

(4) For paragraph 6A(1)(a)(25), substitute—

“(a) a woman who does not fall within paragraph 7(3) below and whose deceased spouse was a woman,”.

(5) In paragraph 7(26), 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 1992

12.—(1) Section 124 of the Social Security Administration Act 1992(27) (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)(28), 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 2007

13.  In section 42(2) of the Statistics and Registration Service Act 2007(29) (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 on the conversion of a civil partnership into a marriage;”.

(1)

1837 c. 26.

(2)

Section 18 was substituted in relation to England and Wales by the Administration of Justice Act 1982 (c. 53) section 18(1).

(3)

Section 18C was inserted by the Civil Partnership Act 2004, Schedule 4, paragraphs 1, 2 and 5.

(4)

1911 c. 6; there are amendments to section 3 not relevant to this Order.

(5)

1949 c. 76.

(6)

Section 46(2) was amended by the Marriage Act 1983 (c. 32), Schedule 1, paragraph 12. Section 46(1) was amended by, and section 46(1A) to (1D) was inserted by, the Act, Schedule 7, paragraph 13(1) to (3).

(7)

Section 65(2) was amended by the Registration Service Act 1953 (c. 37), Schedule 1 and by S.I. 1968/1242 and S.I. 2010/441. Subsection (4) was repealed by the Registration Service Act 1953, Schedule 2.

(8)

1957 c. 58.

(9)

Section 1(1) was amended by the Civil Partnership Act 2004 (c. 33), Schedule 27, paragraph 21 and by the Armed Forces Act 2006 (c. 52), Schedule 16, paragraph 39(1) and (2). There are other amendments to section 1 not relevant to this Order.

(10)

Section 3(3) was amended by S.I. 2002/1419.

(11)

1964 c. 75; Schedule 1 was amended by the Superannuation Act 1972 (c. 11), Schedule 8, and by S.I. 1974/520 and S.I. 1977/1341.

(12)

1973 c. 18.

(13)

Section 11 was amended by the Marriage Act 1983, section 2(4), the Marriage (Prohibited Degrees of Relationship) Act 1986 (c. 16), section 6(4), the Civil Partnership Act 2004, Schedule 27, paragraph 40 and the Act, Schedule 7, paragraphs 26 and 27 and the Private International Law (Miscellaneous Provisions) Act 1995 (c. 42), the Schedule, paragraph 2(2).

(14)

Section 12 was amended by the Act, Schedule 4, paragraphs 4(1) to (3), the Mental Health Act (c. 20), Schedule 4, paragraph 34 and by the Gender Recognition Act 2004 (c. 7), Schedule 2, paragraphs 1 and 2 and Schedule 4, paragraphs 4

and 5.

(15)

1973 c. 45. There are amendments to Schedule 1 not relevant to this Order.

(16)

1975 c. 60.

(17)

Subsection (5ZB) was inserted by the Pensions Act 2008 (c. 30), section 137(1) and (8), and, in relation to England and Wales, amended by S.I. 2014/560.

(18)

Subsection (5ZC) was inserted by the Pensions Act 2008, section 137(1) and (8), and, in relation to England and Wales, was amended by S.I. 2014/560.

(19)

Subsection (7) was amended by the Social Security Act 1979 (c. 18), Schedule 3, paragraph 20, the Pension Schemes Act 1993 (c. 48), Schedule 8, paragraph 9(1)(b) and the Pensions (Miscellaneous Provisions) Act 1990 (c. 7), section 5(2) and in relation to England and Wales by S.I. 2014/560.

(20)

1976 c. 31; section 1(1) was amended by, and section 1(3) and (4) was inserted by, the Family Law Reform Act

1987 (c. 42), section 28. Section 1(2) was amended in relation to England and Wales by S.I. 2014/560.

(21)

1981 c. 45; section 5(5)(l) was amended by the Civil Partnership Act 2004, Schedule 27, paragraph 67. There are other amendments to section 5 not relevant to this Order.

(22)

1992 c. 4.

(23)

Paragraph 5 was amended by S.I. 2005/2053 and in relation to England and Wales, by S.I. 2014/560. Paragraphs 5, 5A and 6 were substituted for paragraphs 5 and 6 as originally enacted by the Pensions Act 1995 (c. 26), Schedule 4, paragraph 21(15). Paragraphs 5 to 6A were repealed by the Pensions Act 2011 (c. 19), section 2(5), subject to savings made by section 2(7). That repeal was brought into force in respect of certain specified provisions by S.I. 2011/3034 but is not yet fully in force.

(24)

Paragraph 5A was amended by the Child Support, Pensions and Social Security Act 2000 (c. 19), section 39 and the Pensions Act 2007 (c. 22), Schedule 1, paragraph 20 and Schedule 7, Part 3 and in relation to England and Wales by S.I. 2014/560.

(25)

Paragraph 6A was inserted by S.I. 2005/2053 and was amended by the Pensions Act 2007, Schedule 1, paragraph 20 and Schedule 7, Part 3 and in relation to England and Wales, by S.I. 2014/560.

(26)

Paragraph 7 was amended by S.I. 2005/2053. It was repealed by the Pensions Act 2011, section 2(5), subject to savings made by section 2(7), but that repeal is not yet fully in force.

(27)

1992 c. 5; subsection (1)(aa) was inserted by the Jobseekers Act 1995 (c. 18), Schedule 2, paragraph 59, subsection (1)(ab) was inserted by the State Pension Credit Act 2002 (c. 16), Schedule 2, paragraphs 8 and 13, subsection (1)(ac) was inserted by the Welfare Reform Act 2007 (c. 5) Schedule 3, paragraphs 10(1) and 16 and amended by the Welfare Reform Act 2012 (c. 5), Schedule 2, paragraphs 3 and 17(a), subsection 1(ad) was inserted by the Welfare Reform Act 2012, Schedule 2, paragraphs 3 and 17(b), subsection (1)(ae) was inserted by the Welfare Reform Act 2012, Schedule 9, paragraphs 7 and 15.

(28)

Subsection (3) was amended by S.I. 1997/2939, in relation to England and Wales by S.I. 2010/441 and in relation to Scotland S.S.I. 2010/428. There are other amendments to section 124 not relevant to this Order

(29)

2007 c. 18; subsection (2) was amended in relation to England and Wales by S.I. 2014/560. There are other amendments to section 42 not relevant to this Order.