Amend section 43 (sections 38 and 41: marriage exception) as follows.

At the end of subsection (1)(b) insert “ or civil partners of each other ”.

In subsection (2), for “were lawfully married at the time” substitute “ were at the time lawfully married or civil partners of each other ”.

In the heading to section 43 for “marriage exception” substitute “ exception for spouses and civil partners ”.