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Marriage (Same Sex Couples) Act 2013 in Scotland

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. 16Survivor benefits under occupational pension schemes
  16. Part 3: Final provisions
  17. 17Transitional and consequential provision
  18. 18Orders and regulations
  19. 19Interpretation
  20. 20Extent
  21. 21Short title and commencement
  22. Introduction
  23. 1Paragraph 1
  24. Registration of buildings
  25. 2Paragraph 2
  26. Shared buildings
  27. 3Paragraph 3
  28. Schedule 2: Extra-territorial matters
  29. Part 1: English and Welsh marriages of same sex couples: treatment in Scotland and Northern Ireland
  30. Scotland
  31. 1Paragraph 1
  32. Northern Ireland
  33. 2Paragraph 2
  34. Contrary provision
  35. 3Paragraph 3
  36. Part 2: Marriage treated as civil partnership: dissolution, annulment or separation
  37. Order made in relation to civil partnership: validity in relation to marriage
  38. 4Paragraph 4
  39. Part 3: England and Wales: “overseas relationships” in Civil Partnership Act 2004 Not yet in force
  40. Marriage not an “overseas relationship” in England and Wales Not yet in force
  41. 5Paragraph 5 Not yet in force
  42. Part 1: Existing England and Wales legislation
  43. Interpretation of existing England and Wales legislation
  44. 1Paragraph 1
  45. Interpretation of legislation about couples living together as if married
  46. 2Paragraph 2
  47. 3Paragraph 3
  48. General
  49. 4Paragraph 4
  50. Part 2: New England and Wales legislation
  51. 5Paragraph 5
  52. Part 1: Private legal instruments
  53. Existing instruments
  54. 1Paragraph 1
  55. Part 2: Presumption on birth of child to married woman
  56. Common law presumption
  57. 2Paragraph 2
  58. Part 3: Divorce and annulment of marriage
  59. Divorce
  60. 3Paragraph 3
  61. Annulment of marriage
  62. 4Paragraph 4
  63. Part 4: Matrimonial proceedings
  64. Amendment of the Domicile and Matrimonial Proceedings Act 1973
  65. 5Paragraph 5
  66. 6Paragraph 6
  67. 7Paragraph 7
  68. 8Paragraph 8
  69. 9Paragraph 9
  70. Transitory provision until commencement of Presumption of Death Act 2013
  71. 10Paragraph 10
  72. Part 5: State pensions
  73. Category B retirement pension for married person
  74. Category B retirement pension for widows and widowers
  75. Category B retirement pension for widowers
  76. Graduated retirement benefit
  77. 14Paragraph 14
  78. Adult dependency increases
  79. 15Paragraph 15
  80. Converted civil partnerships
  81. Part 6: Occupational pensions and survivor benefits
  82. Benefits dependent on marriage of same sex couples
  83. 17Paragraph 17
  84. Pension Schemes Act 1993
  85. 18Paragraph 18
  86. 19Paragraph 19
  87. 20Paragraph 20
  88. 21Paragraph 21
  89. 22Paragraph 22
  90. 23Paragraph 23
  91. 24Paragraph 24
  92. 25Paragraph 25
  93. 26Paragraph 26
  94. Part 7: Provisions which limit equivalence of all marriages etc
  95. Contrary provision
  96. 27Paragraph 27
  97. Schedule 5: Change of gender of married persons or civil partners
  98. Part 1: Applications by married persons and civil partners
  99. Introduction
  100. 1Paragraph 1
  101. Evidence
  102. 2Paragraph 2
  103. Successful applications
  104. 3Paragraph 3
  105. Issue of full certificate after interim certificate: applicant married
  106. 4Paragraph 4
  107. Applications by both civil partners
  108. 5Paragraph 5
  109. Errors in certificates
  110. 6Paragraph 6
  111. Applications: supplementary
  112. 7Paragraph 7
  113. Appeals etc
  114. 8Paragraph 8
  115. Registration
  116. 9Paragraph 9
  117. Change in gender of party to marriage
  118. 10Paragraph 10
  119. Change in gender of civil partners
  120. 11Paragraph 11
  121. Foreign gender change and marriage
  122. 12Paragraph 12
  123. Prohibition on disclosure of information
  124. 13Paragraph 13
  125. Interpretation
  126. 14Paragraph 14
  127. Part 2: Alternative grounds for granting applications for gender recognition certificates
  128. Introduction
  129. 15Paragraph 15
  130. Alternative grounds for granting applications
  131. 16Paragraph 16
  132. 17Paragraph 17
  133. Evidence for granting applications on alternative grounds
  134. 18Paragraph 18
  135. 19Paragraph 19
  136. Membership of Panels determining applications on alternative grounds
  137. 20Paragraph 20
  138. Schedule 6: Marriage overseas
  139. Part 1: Consular marriage under UK law
  140. Provision for consular marriage
  141. 1Paragraph 1
  142. Refusal by registration officer
  143. 2Paragraph 2
  144. No religious service
  145. 3Paragraph 3
  146. Treatment of marriage as taking place in part of UK for certain purposes
  147. 4Paragraph 4
  148. Validity of consular marriage
  149. 5Paragraph 5
  150. Interpretation
  151. 6Paragraph 6
  152. Part 2: Marriage under foreign law: certificates of no impediment
  153. Provision for certificates of no impediment
  154. 7Paragraph 7
  155. Part 3: Marriage of forces personnel under UK law
  156. Provision for marriage of armed forces personnel
  157. 8Paragraph 8
  158. Religious services at forces marriages of same sex couples
  159. 9Paragraph 9
  160. Treatment of marriage as taking place in part of UK for certain purposes
  161. 10Paragraph 10
  162. Validity of forces marriage
  163. 11Paragraph 11
  164. Interpretation
  165. 12Paragraph 12
  166. Part 4: General provisions
  167. Parliamentary scrutiny
  168. 13Paragraph 13
  169. Particular kinds of provision
  170. 14Paragraph 14
  171. Interpretation
  172. 15Paragraph 15
  173. Schedule 7: Transitional and consequential provision etc
  174. Part 1: Transitional and transitory provision
  175. Approval of premises for civil weddings
  176. 1Paragraph 1
  177. Part 2: Minor and consequential amendments
  178. Marriage Act 1949 (c. 76)
  179. 2Paragraph 2
  180. 3Paragraph 3
  181. 4Paragraph 4
  182. 5Paragraph 5
  183. 6Paragraph 6
  184. 7Paragraph 7
  185. 8Paragraph 8
  186. 9Paragraph 9
  187. 10Paragraph 10
  188. 11Paragraph 11
  189. 12Paragraph 12
  190. 13Paragraph 13
  191. 14Paragraph 14
  192. 15Paragraph 15
  193. 16Paragraph 16
  194. 17Paragraph 17
  195. 18Paragraph 18
  196. 19Paragraph 19
  197. 20Paragraph 20
  198. 21Paragraph 21
  199. Marriage (Registrar General's Licence) Act 1970
  200. 22Paragraph 22
  201. 23Paragraph 23
  202. 24Paragraph 24
  203. 25Paragraph 25
  204. Matrimonial Causes Act 1973 (c. 18)
  205. 26Paragraph 26
  206. 27Paragraph 27
  207. Public Order Act 1986 (c. 64)
  208. 28Paragraph 28
  209. Social Security Contributions and Benefits Act 1992 (c. 4)
  210. 29Paragraph 29
  211. 30Paragraph 30
  212. Pension Schemes Act 1993 (c. 48)
  213. 31Paragraph 31
  214. 32Paragraph 32
  215. Civil Partnership Act 2004 (c. 33)
  216. 33Paragraph 33
  217. 34Paragraph 34
  218. 35Paragraph 35
  219. 36Paragraph 36
  220. Human Fertilisation and Embryology Act 2008 (c. 22)
  221. 37Paragraph 37
  222. 38Paragraph 38
  223. 39Paragraph 39
  224. 40Paragraph 40
  225. 41Paragraph 41
  226. Equality Act 2010 (c. 15)
  227. 42Paragraph 42
  228. 43Paragraph 43
  229. 44Paragraph 44
  230. 45Paragraph 45