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Marriage (Same Sex Couples) Act 2013 in Northern Ireland

2013 c. 30 · Enacted 17 July 2013 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 28 April 2022.

An Act to make provision for the marriage of same sex couples in England and Wales, about gender change by married persons and civil partners, about consular functions in relation to marriage, for the marriage of armed forces personnel overseas, for permitting marriages according to the usages of belief organisations to be solemnized on the authority of certificates of a superintendent registrar, for the review of civil partnership, for the review of survivor benefits under occupational pension schemes, and for connected purposes.

[17th July 2013]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—C1C2C3C4C5C6

Annotations to the whole text

Modifications

C1

Act modified by SI 1995/866, reg. 2B(4) (as inserted (E.W.S.) (13.3.2014) by The National Health Service Pension Scheme, Additional Voluntary Contributions, Compensation for Premature Retirement and Injury Benefits (Amendment) Regulations 2014 (S.I. 2014/78), regs. 1(2), 26)

C2

Act modified by SI 2002/1311, reg. 2A(4) (as inserted (E.W.S.) (13.3.2014) by The National Health Service Pension Scheme, Additional Voluntary Contributions, Compensation for Premature Retirement and Injury Benefits (Amendment) Regulations 2014 (S.I. 2014/78), regs. 1(2), 23)

C3

Act modified by SI 2008/653, reg. 2.A.1A(4) (as inserted (E.W.S.) (13.3.2014) by The National Health Service Pension Scheme, Additional Voluntary Contributions, Compensation for Premature Retirement and Injury Benefits (Amendment) Regulations 2014 (S.I. 2014/78), regs. 1(2), 12)

C4

Act modified by SI 2000/619, reg. 2A(4) (as inserted (E.W.S.) (13.3.2014) by The National Health Service Pension Scheme, Additional Voluntary Contributions, Compensation for Premature Retirement and Injury Benefits (Amendment) Regulations 2014 (S.I. 2014/78), regs. 1(2), 19)

C5

Act modified by SI 2008/653, reg. 3A.1A(4) (as inserted (E.W.S.) (13.3.2014) by The National Health Service Pension Scheme, Additional Voluntary Contributions, Compensation for Premature Retirement and Injury Benefits (Amendment) Regulations 2014 (S.I. 2014/78), regs. 1(2), 15)

C6

Act modified by SI 1995/300, reg. A4(4) (as inserted (E.W.S.) (13.3.2014) by The National Health Service Pension Scheme, Additional Voluntary Contributions, Compensation for Premature Retirement and Injury Benefits (Amendment) Regulations 2014 (S.I. 2014/78), regs. 1(2), 4)

Contents

  1. Part 1: Marriage of same sex couples in England and Wales
  2. 1Extension of marriage to same sex couples
  3. 3Marriage for which no opt-in necessary
  4. 4Opt-in: marriage in places of worship
  5. 5Opt-in: other religious ceremonies
  6. 6Armed forces chapels
  7. 7Opt-in: “deathbed marriages”
  8. 8Power to allow for marriage of same sex couples in Church in Wales
  9. Other provisions relating to marriages of same sex couples
  10. 10Extra-territorial matters
  11. 11Effect of extension of marriage
  12. Part 2: Other provisions relating to marriage and civil partnership
  13. 12Change of gender of married persons or civil partners
  14. 13Marriage overseas
  15. Part 3: Final provisions
  16. 17Transitional and consequential provision
  17. 18Orders and regulations
  18. 19Interpretation
  19. 20Extent
  20. 21Short title and commencement
  21. Introduction
  22. 1Paragraph 1
  23. Registration of buildings
  24. 2Paragraph 2
  25. Shared buildings
  26. 3Paragraph 3
  27. Schedule 2: Extra-territorial matters
  28. Part 1: English and Welsh marriages of same sex couples: treatment in Scotland and Northern Ireland
  29. Scotland
  30. 1Paragraph 1
  31. Northern Ireland
  32. 2Paragraph 2
  33. Contrary provision
  34. 3Paragraph 3
  35. Part 2: Marriage treated as civil partnership: dissolution, annulment or separation
  36. Order made in relation to civil partnership: validity in relation to marriage
  37. 4Paragraph 4
  38. Part 3: England and Wales: “overseas relationships” in Civil Partnership Act 2004 Not yet in force
  39. Marriage not an “overseas relationship” in England and Wales Not yet in force
  40. 5Paragraph 5 Not yet in force
  41. Part 1: Existing England and Wales legislation
  42. Interpretation of existing England and Wales legislation
  43. 1Paragraph 1
  44. Interpretation of legislation about couples living together as if married
  45. 2Paragraph 2
  46. 3Paragraph 3
  47. General
  48. 4Paragraph 4
  49. Part 2: New England and Wales legislation
  50. 5Paragraph 5
  51. Part 1: Private legal instruments
  52. Existing instruments
  53. 1Paragraph 1
  54. Part 2: Presumption on birth of child to married woman
  55. Common law presumption
  56. 2Paragraph 2
  57. Part 3: Divorce and annulment of marriage
  58. Divorce
  59. 3Paragraph 3
  60. Annulment of marriage
  61. 4Paragraph 4
  62. Part 4: Matrimonial proceedings
  63. Amendment of the Domicile and Matrimonial Proceedings Act 1973
  64. 5Paragraph 5
  65. 6Paragraph 6
  66. 7Paragraph 7
  67. 8Paragraph 8
  68. 9Paragraph 9
  69. Transitory provision until commencement of Presumption of Death Act 2013
  70. 10Paragraph 10
  71. Part 5: State pensions
  72. Category B retirement pension for married person
  73. Category B retirement pension for widows and widowers
  74. Category B retirement pension for widowers
  75. Graduated retirement benefit
  76. 14Paragraph 14
  77. Adult dependency increases
  78. 15Paragraph 15
  79. Converted civil partnerships
  80. Part 6: Occupational pensions and survivor benefits
  81. Benefits dependent on marriage of same sex couples
  82. 17Paragraph 17
  83. Pension Schemes Act 1993
  84. 18Paragraph 18
  85. 19Paragraph 19
  86. 20Paragraph 20
  87. 21Paragraph 21
  88. 22Paragraph 22
  89. 23Paragraph 23
  90. 24Paragraph 24
  91. 25Paragraph 25
  92. 26Paragraph 26
  93. Part 7: Provisions which limit equivalence of all marriages etc
  94. Contrary provision
  95. 27Paragraph 27
  96. Schedule 5: Change of gender of married persons or civil partners
  97. Part 1: Applications by married persons and civil partners
  98. Introduction
  99. 1Paragraph 1
  100. Evidence
  101. 2Paragraph 2
  102. Successful applications
  103. 3Paragraph 3
  104. Issue of full certificate after interim certificate: applicant married
  105. 4Paragraph 4
  106. Applications by both civil partners
  107. 5Paragraph 5
  108. Errors in certificates
  109. 6Paragraph 6
  110. Applications: supplementary
  111. 7Paragraph 7
  112. Appeals etc
  113. 8Paragraph 8
  114. Registration
  115. 9Paragraph 9
  116. Change in gender of party to marriage
  117. 10Paragraph 10
  118. Change in gender of civil partners
  119. 11Paragraph 11
  120. Foreign gender change and marriage
  121. 12Paragraph 12
  122. Prohibition on disclosure of information
  123. 13Paragraph 13
  124. Interpretation
  125. 14Paragraph 14
  126. Part 2: Alternative grounds for granting applications for gender recognition certificates
  127. Introduction
  128. 15Paragraph 15
  129. Alternative grounds for granting applications
  130. 16Paragraph 16
  131. 17Paragraph 17
  132. Evidence for granting applications on alternative grounds
  133. 18Paragraph 18
  134. 19Paragraph 19
  135. Membership of Panels determining applications on alternative grounds
  136. 20Paragraph 20
  137. Schedule 6: Marriage overseas
  138. Part 1: Consular marriage under UK law
  139. Provision for consular marriage
  140. 1Paragraph 1
  141. Refusal by registration officer
  142. 2Paragraph 2
  143. No religious service
  144. 3Paragraph 3
  145. Treatment of marriage as taking place in part of UK for certain purposes
  146. 4Paragraph 4
  147. Validity of consular marriage
  148. 5Paragraph 5
  149. Interpretation
  150. 6Paragraph 6
  151. Part 2: Marriage under foreign law: certificates of no impediment
  152. Provision for certificates of no impediment
  153. 7Paragraph 7
  154. Part 3: Marriage of forces personnel under UK law
  155. Provision for marriage of armed forces personnel
  156. 8Paragraph 8
  157. Religious services at forces marriages of same sex couples
  158. 9Paragraph 9
  159. Treatment of marriage as taking place in part of UK for certain purposes
  160. 10Paragraph 10
  161. Validity of forces marriage
  162. 11Paragraph 11
  163. Interpretation
  164. 12Paragraph 12
  165. Part 4: General provisions
  166. Parliamentary scrutiny
  167. 13Paragraph 13
  168. Particular kinds of provision
  169. 14Paragraph 14
  170. Interpretation
  171. 15Paragraph 15
  172. Schedule 7: Transitional and consequential provision etc
  173. Part 1: Transitional and transitory provision
  174. Approval of premises for civil weddings
  175. 1Paragraph 1
  176. Part 2: Minor and consequential amendments
  177. Marriage Act 1949 (c. 76)
  178. 2Paragraph 2
  179. 3Paragraph 3
  180. 4Paragraph 4
  181. 5Paragraph 5
  182. 6Paragraph 6
  183. 7Paragraph 7
  184. 8Paragraph 8
  185. 9Paragraph 9
  186. 10Paragraph 10
  187. 11Paragraph 11
  188. 12Paragraph 12
  189. 13Paragraph 13
  190. 14Paragraph 14
  191. 15Paragraph 15
  192. 16Paragraph 16
  193. 17Paragraph 17
  194. 18Paragraph 18
  195. 19Paragraph 19
  196. 20Paragraph 20
  197. 21Paragraph 21
  198. Marriage (Registrar General's Licence) Act 1970
  199. 22Paragraph 22
  200. 23Paragraph 23
  201. 24Paragraph 24
  202. 25Paragraph 25
  203. Matrimonial Causes Act 1973 (c. 18)
  204. 26Paragraph 26
  205. 27Paragraph 27
  206. Public Order Act 1986 (c. 64)
  207. 28Paragraph 28
  208. Social Security Contributions and Benefits Act 1992 (c. 4)
  209. 29Paragraph 29
  210. 30Paragraph 30
  211. Pension Schemes Act 1993 (c. 48)
  212. 31Paragraph 31
  213. 32Paragraph 32
  214. Civil Partnership Act 2004 (c. 33)
  215. 33Paragraph 33
  216. 34Paragraph 34
  217. 35Paragraph 35
  218. 36Paragraph 36
  219. Human Fertilisation and Embryology Act 2008 (c. 22)
  220. 37Paragraph 37
  221. 38Paragraph 38
  222. 39Paragraph 39
  223. 40Paragraph 40
  224. 41Paragraph 41
  225. Equality Act 2010 (c. 15)
  226. 42Paragraph 42
  227. 43Paragraph 43
  228. 44Paragraph 44
  229. 45Paragraph 45