2014 No. 93 (C. 3)
The Marriage (Same Sex Couples) Act 2013 (Commencement No. 2 and Transitional Provision) Order 2014
Made
The Secretary of State, in exercise of the powers conferred by sections 18(4) and 21(3) of the Marriage (Same Sex Couples) Act 20131, makes the following Order:
Citation and interpretation1
1
This Order may be cited as the Marriage (Same Sex Couples) Act 2013 (Commencement No. 2 and Transitional Provision) Order 2014.
2
In this Order “the Act” means the Marriage (Same Sex Couples) Act 2013.
Provisions coming into force on 21st January 20142
To the extent that the following provisions of the Act confer or relate to the power to make subordinate legislation, those provisions come into force on 21st January 2014 for the purpose of exercising any power (arising under or by virtue of that provision) to make subordinate legislation—
a
section 6; and
b
the following paragraphs of Schedule 6, and section 13(1) so far as it relates to those paragraphs—
i
paragraphs 1 and 2;
ii
paragraph 4;
iii
paragraphs 6 to 10; and
iv
paragraphs 12 to 15.
Provisions coming into force on 13th March 20143
The following provisions of the Act come into force on 13th March 2014—
a
sections 1 to 3;
b
section 4 so far as it is not already in force;
c
section 5;
d
sections 7 and 8;
e
section 10(1) and (2);
f
section 11(1) to (3) and (5) to (7);
g
Schedule 1 so far as it is not already in force;
h
paragraphs 2(1), 3 and 4 of Schedule 2, and section 10(3) so far as it relates to those paragraphs;
i
Schedule 3;
j
the following paragraphs of Schedule 4 so far as they are not already in force, and section 11(4) so far as it relates to those paragraphs—
i
paragraphs 1 to 10;
ii
paragraphs 11 to 14 except so far as they relate to a case where a spouse is, or was at the time of her death, a woman by virtue of a full gender recognition certificate having been issued under the Gender Recognition Act 20042 and the marriage subsisted before the time when that certificate was issued;
iii
paragraph 17 except so far as it relates to a relevant gender change case for the purposes of the Equality Act 20103;
iv
paragraph 18 except so far as it relates to a relevant gender change case for the purposes of the Pension Schemes Act 19934;
v
paragraph 19;
vi
paragraphs 20 to 22 except so far as they relate to a relevant gender change case for the purposes of the Pension Schemes Act 1993;
vii
paragraphs 24 to 26; and
viii
paragraph 27(1) and (2); and
k
the following paragraphs of Schedule 7, and section 17(4) so far as it relates to those paragraphs—
i
paragraphs 1 to 20;
ii
paragraphs 22 to 28;
iii
paragraphs 31 to 33; and
iv
paragraphs 35 to 45.
Transitional provision regarding overseas marriages of same sex couples4
1
The coming into force of section 10(1) and (2) of the Act does not affect court proceedings in England and Wales concerning an overseas marriage, where those proceedings were issued under any provision of the Civil Partnership Act 20045 before 13th March 2014.
2
In this article, an “overseas marriage” means a marriage under the law of any country or territory outside the United Kingdom which is treated as a civil partnership by virtue of Part 5 of the Civil Partnership Act 2004.
Provisions coming into force on 3rd June 20145
The following provisions of the Act come into force on 3rd June 2014 so far as they are not already in force—
a
section 6;
b
section 13;
c
Schedule 6; and
d
paragraph 21 of Schedule 7, and section 17(4) so far as it relates to that paragraph.
(This note is not part of the Order)
(This note is not part of the Order)
Provision | Date of Commencement | S.I. No. |
---|---|---|
Section 4 (partially) | 31st October 2013 | |
Section 10(3) (partially) | 31st October 2013 | |
Section 11(4) (partially) | 31st October 2013 | |
Section 14 | 31st October 2013 | |
Section 17(1) to (3) | 31st October 2013 | |
Sections 18 to 20 | 31st October 2013 | |
Schedule 1 (partially) | 31st October 2013 | |
Schedule 2, paragraphs 1 and 2(2) | 31st October 2013 | |
Schedule 4, paragraphs 5, 8 and 14 (partially) | 31st October 2013 | |
Schedule 4, paragraph 27(3) and (4) | 31st October 2013 |