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

This Order may be cited as the Marriage (Same Sex Couples) Act 2013 (Consequential and Contrary Provisions and Scotland) (No. 2) Order 2014.

Subject to paragraph (3), this Order comes into force on 10th December 2014.

Articles 4 and 5 come into force on the day on which section 4(1) of the Marriage and Civil Partnership (Scotland) Act 2014^f1 comes into force.

In this Order “the Act” means the Marriage (Same Sex Couples) Act 2013.

The revocation of article 5 of the Marriage (Same Sex Couples) Act 2013 (Consequential and Contrary Provisions and Scotland) Order 2014 does not affect—

Anything done prior to the date of revocation—

In any relevant court proceedings which have not concluded prior to the date of revocation and in any document made prior to the date of revocation—

In its application to a document made prior to the date of revocation, paragraph (3) is subject to any contrary intention appearing from the document.

A reference in this article to anything done includes a reference to anything not done.

In this article—

Subject to paragraph 2, this Order extends to England and Wales only.

The following provisions extend also to Scotland—

The Wills Act 1837^f1 is amended as follows.

In section 18^f2 (will to be revoked by marriage)—

After section 18C^f3 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.”.

Section 3 of the Perjury Act 1911^f1 (false statements, etc, with reference to marriage) is amended as follows.

In subsection (1)(b)—

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.”.

The Marriage Act 1949^f1 is amended as follows.

In section 46^f2 (register office marriage followed by religious ceremony), in subsection (2)—

In section 65^f3 (searches of indexes kept by Registrar General)—

The Registration of Births, Deaths and Marriages (Special Provisions) Act 1957^f1 is amended as follows.

In section 1^f2 (records of deaths, births and marriages among armed forces and service civilians and their families overseas), in subsection (1), for “solemnised” substitute “entered into”.

In section 3^f3 (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”.

The Matrimonial Causes Act 1973^f1 is amended as follows.

In section 11^f2 (grounds on which a marriage is void), after “1971” insert “, other than a marriage to which section 12A applies,”.

In section 12^f3 (grounds on which a marriage is voidable), after “1971” insert “, other than a marriage to which section 12A applies,”.

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.”.

Section 59 of the Social Security Pensions Act 1975^f1 (increase of official pensions) is amended as follows.

In subsection (5ZB)^f2, 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;”.

In subsection (5ZC)^f3—

In subsection (7)^f4, after the definition of “lump sum” insert—

• ““relevant gender change case” means a case where—

  1. (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

  2. (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, ”.

Section 5 of the Forgery and Counterfeiting Act 1981^f1 (offences relating to money orders, share certificates, passports, etc) is amended as follows.

In subsection (5)(l), after “civil partnerships” insert “, conversions”.

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.”.

Schedule 5 to the Social Security Contributions and Benefits Act 1992^f1 (pension increase or lump sum where entitlement to retirement pension is deferred) is amended as follows.

In paragraph 5(2)^f2—

In paragraph 5A^f3—

For paragraph 6A(1)(a)^f4, substitute—

“(a)

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

In paragraph 7^f5, 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.”.

Section 124 of the Social Security Administration Act 1992^f1 (provisions relating to age, death and marriage) is amended as follows.

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)”.

After subsection (3)^f2, 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.”.

In subsection (4), for “subsection (3)” substitute “subsections (3) and (3A)”.

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;”.

The Reserve Forces Non Regular Permanent Staff (Pension and Attributable Benefits Schemes) Regulations 2011 are amended as follows.

In Schedule 1, in Part D (death benefits), for rule D.3(4)(b) substitute—

“(b)

the member was a man and was married to a woman whom he leaves a widow.”.

In Schedule 2, in Part C (death benefits), in each of rules C.2(4) and (5)—