The Marriage of Same Sex Couples (Conversion of Civil Partnership) Regulations 2014

Conversion on religious premises E+W

12.—(1) This regulation applies if the parties to a civil partnership wish to convert their civil partnership into a marriage—

(a) in a building registered for the solemnization of marriages of same sex couples under section 43A of the 1949 Act(1), and in which a ceremony under section 46 of the 1949 Act(2) is to be held in respect of the marriage immediately following the conversion;

(b) (except where regulations 7, 8 or 9 apply), at a place at which a ceremony according to the usages of the Jews or the Society of Friends under section 46 of the 1949 Act is to be held in respect of the marriage immediately following the conversion; or

(c) where at least one of the parties to a proposed conversion is a qualified person within the meaning of section 68(2) of the 1949 Act(3), in a naval, military or air force chapel registered for the solemnization of marriages of same sex couples under section 70A of the 1949 Act(4), and in which a ceremony under section 46 of the 1949 Act is to be held in respect of the marriage immediately following the conversion.

(2) If the superintendent registrar referred to in regulation 10(2) is satisfied that the requirements section 46(1C)(5) of the 1949 Act are met, the superintendent registrar must either—

(a) if the conversion is to take place in the superintendent registrar’s registration district, arrange with the parties, on payment by the parties of the [F1 appropriate] fee for a conversion on religious premises (in addition to the fee payable under regulation 10(2)(d)), to attend at a place mentioned in paragraph (1) to sign the conversion declaration in accordance with regulation 3(1); or

(b) if the conversion is to take place in a different registration district, notify the parties and the superintendent registrar of that registration district that the requirements of regulation 10(2) and section 46(1C) of the 1949 Act are met in respect of the parties to the civil partnership.

(3) On receipt of a notification under paragraph (2)(b), and on payment by the parties of the [F2 appropriate] fee for a conversion on religious premises, the superintendent registrar of the registration district in which the conversion is to take place must arrange with the parties to attend at a place mentioned in paragraph (1) to sign the conversion declaration in accordance with regulation 3(1).

F3 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) The superintendent registrar (referred to in regulation 10(2) or in regulation 12(3), or both) may require—

(a) the relevant governing authority to produce evidence relating to the consent referred to in section 46(1C) of the 1949 Act; and

(b) the trustees or governing body of the relevant religious organisation to provide written confirmation that a ceremony under section 46 of the 1949 Act is to be held in respect of the marriage immediately following the conversion.

(6) In determining if a person is a qualified person for the purposes of paragraph (1)(c), the “relevant date” for the purposes of section 68 of the 1949 Act is the date of the conversion.

(7) In this regulation, “relevant governing authority” and “relevant religious organisation” have the same meaning as in section 46(1D) of the 1949 Act.

Textual Amendments

F1 Word in reg. 12(2)(a) inserted (5.10.2016) by The Registration of Births, Deaths, Marriages and Civil Partnerships (Fees) Regulations 2016 (S.I. 2016/911), reg. 1, Sch. 2 para. 3(8)(a)

F2 Word in reg. 12(3) inserted (5.10.2016) by The Registration of Births, Deaths, Marriages and Civil Partnerships (Fees) Regulations 2016 (S.I. 2016/911), reg. 1, Sch. 2 para. 3(8)(b)

F3 Reg. 12(4) omitted (5.10.2016) by virtue of The Registration of Births, Deaths, Marriages and Civil Partnerships (Fees) Regulations 2016 (S.I. 2016/911), reg. 1, Sch. 2 para. 3(8)(c)

Commencement Information

I1 Reg. 12 in force at 10.12.2014, see reg. 1

(1)

Section 43A was inserted by section 4(2) of, and paragraph 2 of Schedule 1 to, the Marriage (Same Sex Couples) Act 2013.

(2)

Section 46 was amended by section 17(4) of, and paragraph 13 of Schedule 7 to, the Marriage (Same Sex Couples) Act 2013.

(3)

The definition of ‘qualified person’ in section 68(2) of the 1949 Act was amended by section 20 of, and paragraph 8 of Schedule 3 to, and by section 28(2) of, and Part 1 of Schedule 5 to, the Armed Forces Act 1981 (c. 55); and by section 34 of, and paragraph 31(a) of Schedule 6 to, the Armed Forces Act 2001 (c. 19).

(4)

Section 70A was inserted by section 6(4) of the Marriage (Same Sex Couples) Act 2013.

(5)

Section 46(1C) was inserted by section 17 of, and paragraph 13 of Schedule 7 to, the Marriage (Same Sex Couples) Act 2013 (c. 30).