Statutory Instruments
Marriage
Made
27th November 2014
The Secretary of State, in exercise of the powers conferred by section 21(3) of the Marriage (Same Sex Couples) Act 2013(1), makes the following Order:
1. This Order may be cited as the Marriage (Same Sex Couples) Act 2013 (Commencement No. 4) Order 2014.
2. The Marriage (Same Sex Couples) Act 2013, so far as not already in force, comes into force on 10th December 2014 except for—
(a)paragraph 5 of Schedule 2, and section 10(3) so far as it relates to that paragraph, and
(b)paragraph 17 of Schedule 4 so far as it relates to a person (“A”) who is married to a person of the same sex in a relevant gender change case where A is the spouse to whom a full gender recognition certificate has been issued, and section 11(4) so far as it relates (to that extent) to that paragraph.
Nicky Morgan
Secretary of State for Education, Minister for Women and Equalities
Department for Education
27th November 2014
(This note is not part of the Order)
This is the fourth Commencement Order made in relation to the Marriage (Same Sex Couples) Act 2013 (c. 30) (“the Act”). The Marriage (Same Sex Couples) Act 2013 (Commencement No. 1) Order 2013 (S.I. 2013/2789) (C. 110) brought into force a number of provisions of the Act for the purpose of making subordinate legislation, as well as certain other provisions. The Marriage (Same Sex Couples) Act 2013 (Commencement No. 2 and Transitional Provision) Order 2014 (S.I. 2014/93) (C. 3) brought into force the majority of the provisions of the Act extending marriage to same sex couples under the law of England and Wales.
The Marriage (Same Sex Couples) Act 2013 (Commencement No. 3) Order 2014 (S.I. 2014/1662) (C. 70) brought into force, for the purpose of making subordinate legislation, provisions enabling civil partners to convert their civil partnership into marriage and enabling a couple to remain married where one or both members of the couple change legal gender where both members wish to remain married. This Order brings into force provisions of the Act which relate to these subject matters, and which (apart from two cases mentioned below) are the remaining provisions of the Act which have not been commenced.
This Order therefore brings into force all remaining uncommenced provisions of the Act with two exceptions. First, it does not commence an amendment to Civil Partnership Act 2004 (c. 33) which is redundant. Secondly, it commences, in part, paragraph 17 of Schedule 4 to the Act, which makes an amendment to provisions in the Equality Act 2010 (c. 15) dealing with benefits in occupational pension schemes for those couples who married as an opposite sex couple and who remain married after one spouse obtains a gender recognition certificate. The partial commencement is to ensure that there is consistency between those provisions, and equivalent provisions in the Pension Schemes Act 1993 (c. 48) as amended by paragraphs 18 to 25 of Schedule 4 to the Act and which relate to contracted-out benefits in occupational pension schemes.
(This note is not part of the Order)
| Provision | Date of Commencement | S.I. No. |
|---|---|---|
| Sections 1 to 3 | 13th March 2014 | 2014/93 |
| Section 4 (partially) | 31st October 2013 | 2013/2789 |
| Section 4 (so far as not already in force) | 13th March 2014 | 2014/93 |
| Section 5 | 13th March 2014 | 2014/93 |
| Section 6 (partially) | 21st January 2014 | 2014/93 |
| Section 6 (so far as not already in force) | 3rd June 2014 | 2014/93 |
| Sections 7 and 8 | 13th March 2014 | 2014/93 |
| Section 9(1) to (5) and (7) (partially) | 30th June 2014 | 2014/1662 |
| Section 10(1) and (2) | 13th March 2014 | 2014/93 |
| Section 10(3) (partially) | 31st October 2013 | 2013/2789 |
| Section 10(3) (partially) | 13th March 2014 | 2014/93 |
| Section 11(1) to (3) | 13th March 2014 | 2014/93 |
| Section 11(4) (partially) | 31st October 2013 | 2013/2789 |
| Section 11(4) (partially) | 13th March 2014 | 2014/93 |
| Section 11(4) (partially) | 30th June 2014 | 2014/1662 |
| Section 11(5) to (7) | 13th March 2014 | 2014/93 |
| Section 12 (partially) | 30th June 2014 | 2014/1662 |
| Section 13(1) (partially) | 21st January 2014 | 2014/93 |
| Section 13 (so far as not already in force) | 3rd June 2014 | 2014/93 |
| Section 14 | 31st October 2013 | 2013/2789 |
| Section 17(1) to (3) | 31st October 2013 | 2013/2789 |
| Section 17(4) (partially) | 13th March 2014 | 2014/93 |
| Section 17(4) (partially) | 3rd June 2014 | 2014/93 |
| Sections 18 to 20 | 31st October 2013 | 2013/2789 |
| Schedule 1 (partially) | 31st October 2013 | 2013/2789 |
| Schedule 1 (so far as not already in force) | 13th March 2014 | 2014/93 |
| Schedule 2, paragraph 1 | 31st October 2013 | 2013/2789 |
| Schedule 2, paragraph 2(1) | 13th March 2014 | 2014/93 |
| Schedule 2, paragraph 2(2) | 31st October 2013 | 2013/2789 |
| Schedule 2, paragraphs 3 and 4 | 13th March 2014 | 2014/93 |
| Schedule 3 | 13th March 2014 | 2014/93 |
| Schedule 4, paragraphs 1 to 4 | 13th March 2014 | 2014/93 |
| Schedule 4, paragraph 5 (partially) | 31st October 2013 | 2013/2789 |
| Schedule 4, paragraph 5 (so far as not already in force) | 13th March 2014 | 2014/93 |
| Schedule 4, paragraphs 6 and 7 | 13th March 2014 | 2014/93 |
| Schedule 4, paragraph 8 (partially) | 31st October 2013 | 2013/2789 |
| Schedule 4, paragraph 8 (so far as not already in force) | 13th March 2014 | 2014/93 |
| Schedule 4, paragraphs 9 and 10 | 13th March 2014 | 2014/93 |
| Schedule 4, paragraphs 11 to 13 (partially) | 13th March 2014 | 2014/93 |
| Schedule 4, paragraph 14 (partially) | 31st October 2013 | 2013/2789 |
| Schedule 4, paragraph 14 (partially) | 13th March 2014 | 2014/93 |
| Schedule 4, paragraph 17 (partially) | 13th March 2014 | 2014/93 |
| Schedule 4, paragraph 18 (partially) | 13th March 2014 | 2014/93 |
| Schedule 4, paragraph 18 (partially) | 30th June 2014 | 2014/1662 |
| Schedule 4, paragraph 19 | 13th March 2014 | 2014/93 |
| Schedule 4, paragraphs 20 to 22 (partially) | 13th March 2014 | 2014/93 |
| Schedule 4, paragraph 23 | 30th June 2014 | 2014/1662 |
| Schedule 4, paragraphs 24 to 26 | 13th March 2014 | 2014/93 |
| Schedule 4, paragraph 27(1) and (2) | 13th March 2014 | 2014/93 |
| Schedule 4, paragraph 27(3) and (4) | 31st October 2013 | 2013/2789 |
| Schedule 5, paragraphs 1, 9 and 19 (partially) | 30th June 2014 | 2014/1662 |
| Schedule 6, paragraphs 1, 2, 4, 6 to 10, and 12 to 15 (partially) | 21st January 2014 | 2014/93 |
| Schedule 6 (so far as not already in force) | 3rd June 2014 | 2014/93 |
| Schedule 7, paragraphs 1 to 20 | 13th March 2014 | 2014/93 |
| Schedule 7, paragraph 21 | 3rd June 2014 | 2014/93 |
| Schedule 7, paragraphs 22 to 28, 31 to 33, and 35 to 45 | 13th March 2014 | 2014/93 |