The Marriage (Same Sex Couples) Act 2013 (Consequential and Contrary Provisions and Scotland) Order 2014

Made: 6th March 2014

Coming into force in accordance with article 1(2) and (3)

The Secretary of State, in exercise of those powers, makes the following Order:

Citation, commencement and interpretation

1

• (1) This Order may be cited as the Marriage (Same Sex Couples) Act 2013 (Consequential and Contrary Provisions and Scotland) Order 2014.

• (2) Subject to paragraph (3), this Order comes into force on 13th March 2014.

• (3) The amendment made to the Family Law (Scotland) Act 2006[^f00004] at paragraph 31 of Schedule 1 comes into force on 3rd June 2014.

• (4) In this Order—

• “the Act” means the Marriage (Same Sex Couples) Act 2013; and

• “the 2004 Act” means the Civil Partnership Act 2004.

Consequential amendments to Acts of Parliament

2

Schedule 1 to this Order (which amends primary legislation in consequence of the Act, the 2004 Act and the Human Fertilisation and Embryology Act 2008) has effect.

Contrary provision to section 11(1) and (2) of, and paragraphs 1 to 3 of Schedule 3 to, the Act

3

Schedule 2 to this Order (which makes provision to which section 11(1) and (2) of, and paragraphs 1 to 3 of Schedule 3 to, the Act are subject and which disapplies that section and those paragraphs in specified cases) has effect.

Consequential amendments to enactments etc. as a result of contrary provision made by Schedule 2

4

Schedule 3 to this Order (which makes amendments to enactments etc. in consequence of the provision made by Schedule 2 to this Order) has effect.

Scotland

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extent

6

• (1) Subject to paragraphs (2) to (4), this Order extends to England and Wales only.

• (2) The amendment to the Family Law (Scotland) Act 2006 at paragraph 31 of Schedule 1, and article 2 so far as it relates to that paragraph, extend to Scotland only.

• (3) The following provisions extend also to Scotland—

• (a) article 1,

• (b) the amendment to the 2004 Act at paragraph 29(1) and (2) of Schedule 1, and article 2 so far as it relates to that paragraph,

• (c) article 5, and

• (d) this article.

• (4) The following provisions extend also to Northern Ireland—

• (a) article 1,

• (b) the amendment to the 2004 Act at paragraph 29(1) and (2) of Schedule 1, and article 2 so far as it relates to that paragraph, and

• (c) this article.

SCHEDULE 1 — Consequential Amendments to Primary Legislation

Metropolitan Public Carriage Act 1869

1

In section 6 of the Metropolitan Public Carriage Act 1869[^f00005] (grant of hackney carriage licences)—

• (a) in subsection (9)(a)—

• (i) for “widow” in both places it occurs, substitute “surviving spouse or surviving civil partner”, and

• (ii) omit “and”, and

• (b) omit subsection (9)(b).

Pensions Commutation Act 1871

2

In section 4 of the Pensions Commutation Act 1871[^f00006] (power to Treasury to commute pensions), for subsection (2) substitute—

(2) Where any officer in the naval or land forces of Her Majesty whose pension has been commuted under this Act subsequently marries or forms a civil partnership, the officer’s surviving spouse or surviving civil partner shall not be entitled to any pension, and a child of any such officer born after the date of the commutation of the pension shall not be entitled to compassionate allowance:

Local Government (Emergency Provisions) Act 1916

3

For section 2 of the Local Government (Emergency Provisions) Act 1916[^f00007] (payments under superannuation schemes) substitute—

If an officer or servant of a local authority dies whilst serving in or with His Majesty’s forces, or in consequence of wounds or disease received or contracted during such service which prevented that person from returning to the service of the local authority, the local authority shall have, and shall be deemed always to have had, power to make to that person’s surviving spouse, surviving civil partner or other dependants, such payments as could have been made to them under any superannuation scheme (whether established by statute or otherwise) in force in the district had that person been actually serving the local authority at the time of death.

Population (Statistics) Act 1938

4

For paragraph 1(d) of the Schedule to the Population (Statistics) Act 1938[^f00008] (particulars which may be required to be provided to registration officer) substitute—

(d) where the birth is of a child to whom section 1(3) of that Act applies by reason of any marriage or civil partnership between the child’s parents— (i) the date of the marriage or formation of the civil partnership, and (ii) whether before she married, or formed the civil partnership with, the child’s other parent, the mother had been married to, or had formed a civil partnership with, any other person;

Marriage Act 1949

5

• (1) The Marriage Act 1949[^f00009] is amended as follows.

• (2) In section 28[^f00010] (declaration to accompany notice of marriage), in subsection (1)(c), for “or widow” substitute “, widow or surviving civil partner”.

• (3) After section 42(3)[^f00011] (cancellation of registration of building) insert—

(3A) In a case where— (a) the registration of a building is cancelled under this section, and (b) the building is also registered under section 43A, the Registrar General must also cancel the registration under section 43A.

• (4) In section 49A[^f00012] (which provides marriages of same sex couples may be void in the absence of the required consent), in subsection (2), after paragraph (b) insert—

(ba) section 26A(3) and under any regulations made under section 44C that require the consent to use of a building for the solemnization of marriages of same sex couples, in a case where section 26A and section 44C apply to the marriage;

Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951

6

In the closing words of section 46(3) of the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951[^f00013] (payments to make up civil remuneration), for “his widow” substitute “that person’s surviving spouse, surviving civil partner”.

Births and Deaths Registration Act 1953

7

In the heading to section 10 of the Births and Deaths Registration Act 1953[^f00014] (registration of father or of second female parent where parents neither married nor civil partners), before “civil partners” insert “married or”.

Registration of Births, Deaths and Marriages (Special Provisions) Act 1957

8

In section 5(3) of the Registration of Births, Deaths and Marriages (Special Provisions) Act 1957[^f00015] (registration of births of legitimated persons in the service departments registers), in paragraph (b), for “is” substitute “includes”.

Transport Act 1962

9

In section 65(5) of the Transport Act 1962[^f00016] (railway savings banks), for the words “is a man” to the end substitute “is a person who dies leaving a surviving spouse or surviving civil partner, that survivor for so long as that survivor does not subsequently marry, enter into a civil partnership or die.”.

Harbours Act 1964

10

In section 18(2) of the Harbours Act 1964[^f00017] (harbour reorganisation schemes), in paragraph (h), after “spouses” in both places it occurs, insert “, civil partners”.

Sharing of Church Buildings Act 1969

11

• (1) Schedule 1 to the Sharing of Church Buildings Act 1969[^f00018] (modifications of application of Marriage Act 1949 to shared church building to which sharing agreement relates) is amended as follows.

• (2) In paragraph 3, after “building” insert “which is registered under section 41 of the Act, and”.

• (3) After paragraph 3 insert—

(3A) Subject to the provision made by sections 44A to 44C of the Act and any regulations made under those sections, where a sharing Church withdraws from the sharing of a registered church building which is registered under section 43A of the Act, and which continues to be used by another Church other than the Church of England, the registration shall not be cancelled.

• (4) In paragraph 4, after “section 43(1)” insert “or section 43B(1)”.

• (5) In paragraph 5—

• (a) for the words from “The proviso” to “which prescribes” substitute “Sections 43(1A) and 43B(3) of the Act, both of which prescribe”,

• (b) after “paragraph 3” insert “or 3A”, and

• (c) for the “said proviso” substitute “section 43(1A) or 43B(3)”.

Consumer Credit Act 1974

12

In section 16C(4) of the Consumer Credit Act 1974[^f00019] (exemption relating to investment properties), for paragraph (b) substitute—

(b) a person whose relationship with that person has the characteristic of the relationship between two people who are married; or

Social Security Pensions Act 1975

13

In section 59(5ZA)[^f00020] of the Social Security Pensions Act 1975[^f00021] (increase of official pensions)—

• (a) in the opening words, for the words “widow’s, widower’s” substitute “surviving spouse’s”, and

• (b) in paragraph (c), for the words “widow’s, widower’s” substitute “surviving spouse’s”.

Fatal Accidents Act 1976

14

In section 1(5) of the Fatal Accidents Act 1976[^f00022] (right of action for wrongful act causing death), for paragraph (b) substitute—

(b) an illegitimate person shall be treated as— (i) the legitimate child of his mother and reputed father, or (ii) in the case of a person who has a female parent by virtue of section 43 of the Human Fertilisation and Embryology Act 2008, the legitimate child of his mother and that female parent.

Legitimacy Act 1976

15

• (1) The Legitimacy Act 1976[^f00023] is amended as follows.

• (2) For section 1(2) (legitimacy of children of certain void marriages) substitute—

(2) This section only applies where— (a) the father of the child was domiciled in England and Wales at the time of the birth, or if he died before the birth, was so domiciled immediately before his death, or (b) if a woman is treated as the female parent of a child by virtue of section 42 or 43 of the Human Fertilisation and Embryology Act 2008, that female parent was domiciled in England and Wales at the time of the birth, or if she died before the birth, was so domiciled immediately before her death.

• (3) In section 2 (subsequent legitimation of child), in the heading and in the section, for “parents” in both places it occurs, substitute “mother and father”.

• (4) In section 2A^f00024—

• (a) in the heading after “subsequent” insert “marriage or”,

• (b) in paragraph (b) for “not” substitute “neither married nor”,

• (c) in paragraph (c) after “subsequently” insert “marry or”,

• (d) in paragraph (d) after “date of” insert “the marriage or”, and

• (e) in the closing words—

• (i) at the beginning insert “the marriage or”, and

• (ii) after “date of” insert “the marriage or”.

• (5) In section 3[^f00025] (legitimation by extraneous law)—

• (a) in subsection (1) for “parents” substitute “mother and father”, and

• (b) in subsection (2)—

• (i) in paragraph (b) for “not” substitute “neither married nor”,

• (ii) in paragraph (c) after “subsequently” insert “marry or”,

• (iii) in paragraph (d)—

• (aa) after “time of” insert “the marriage or”, and

• (bb) before the second “civil partnership” insert “marriage or”, and

• (iv) in the closing words—

• (aa) after “date of the” insert “marriage or”, and

• (bb) after “subsequent” insert “marriage or”.

Rent Act 1977

16

In paragraph 2(3) of Schedule 1 to the Rent Act 1977[^f00026] (statutory tenants by succession), for the word “treated” to the end substitute “treated as the tenant’s spouse, or if that person is the same sex as the tenant, and falls within paragraph 2(2)(b) of this Schedule, as the tenant’s civil partner.”.

Transport Act 1978

17

In section 21 of the Transport Act 1978[^f00027] (travel concessions for transferred employees), for “widows” substitute “surviving spouses, surviving civil partners”.

Pneumoconiosis etc. (Workers’ Compensation) Act 1979

18

In section 3 of the Pneumoconiosis etc. (Workers’ Compensation) Act 1979[^f00028] (dependants)—

• (a) for subsection (2A) substitute—

(2A) For the purposes of subsection (1)(c) two persons are in a qualifying relationship if they are living together as a married couple.

, and

• (b) omit subsection (2B).

Family Law Reform Act 1987

19

In section 1(3) of the Family Law Reform Act 1987[^f00029] (general principle of construction as to family relationships)—

• (a) in paragraph (ba)—

• (i) before “a party to” insert “married to a woman or”, and

• (ii) after “void” insert “marriage or”,

• (b) in paragraph (bb)(i), after “is” insert “married to or”, and

• (c) in paragraph (bb)(ii), after “was” insert “married to or”.

Housing Act 1988

20

In section 17(5) of the Housing Act 1988[^f00030] (succession to assured tenancy), for the word “treated” to the end substitute “treated as the tenant’s spouse, or if that person is the same sex as the tenant, and falls within subsection (4)(b), as the tenant’s civil partner.”.

Child Support Act 1991

21

• (1) The Child Support Act 1991[^f00031] is amended as follows.

• (2) In Schedule 1[^f00032] (maintenance assessments), as that Schedule has effect otherwise than by virtue of section 1(3) of, and Schedule 1 to, the Child Support, Pensions and Social Security Act 2000[^f00033], in Part 1 (calculation of child support maintenance), in paragraph 6 (protected income)—

• (a) in sub-paragraph (5)(b)[^f00034], for sub-paragraphs (i) to (iii) substitute—

(i) is living together in the same household with another adult who is his or her spouse or civil partner, or (ii) is living together in the same household with another adult as if they were a married couple,

, and

• (b) omit sub-paragraph (5A)[^f00035].

• (3) In Schedule 1 (maintenance calculations), as that Schedule has effect by virtue of section 1(3) of, and Schedule 1 to, the Child Support, Pensions and Social Security Act 2000, in Part 1 (calculation of weekly amount of child support maintenance), in paragraph 10C (references to various terms)—

• (a) for sub-paragraph (5)[^f00036] substitute—

(5) In sub-paragraph (4)(a), “couple” means— (a) two people who are married to, or civil partners of, each other and are members of the same household, or (b) two people who are not married to, or civil partners of, each other but are living together as a married couple.

, and

• (b) omit sub-paragraph (6).

Social Security Contributions and Benefits Act 1992

22

• (1) The Social Security Contributions and Benefits Act 1992[^f00037] is amended as follows.

• (2) For section 36(2)[^f00038] (bereavement payment) substitute—

(2) A bereavement payment shall not be payable to a person if that person and a person whom that person was not married to, or in a civil partnership with, were living together as a married couple at the time of the spouse’s or civil partner’s death.

• (3) In section 37(4)[^f00039] (widowed mother’s allowance), after paragraph (a) insert “or” and for paragraphs (b) and (c) substitute—

(b) for any period during which she and a person whom she is not married to, or in a civil partnership with, are living together as a married couple.

• (4) In section 38(3)[^f00040] (widow’s pension), after paragraph (b) insert “or” and for paragraphs (c) and (d) substitute—

(c) for any period during which she and a person whom she is not married to, or in a civil partnership with, are living together as a married couple.

• (5) In section 39A(5)[^f00041] (widowed parent’s allowance), after paragraph (a) insert “or” and for paragraphs (b) and (c) substitute—

(b) for any period during which the surviving spouse or civil partner and a person whom she or he is not married to, or in a civil partnership with, are living together as a married couple.

• (6) In section 39B(5)[^f00042] (bereavement allowance where no dependent children), after paragraph (a) insert “or” and for paragraphs (b) and (c) substitute—

(b) for any period during which the surviving spouse or civil partner and a person whom she or he is not married to, or in a civil partnership with, are living together as a married couple.

• (7) In section 122 (interpretation of Parts 1 to 6 and supplementary provisions), omit subsection (1A)[^f00043].

• (8) In section 137[^f00044] (interpretation of Part 7 and supplementary provisions)—

• (a) in subsection (1), for the definition of “couple” substitute—

• “couple” means—two people who are married to, or civil partners of, each other and are members of the same household; ortwo people who are not married to, or civil partners of, each other but are living together as a married couple otherwise than in prescribed circumstances;

, and

• (b) omit subsection (1A).

• (9) In Schedule 7 (industrial injuries benefits)—

• (a) in paragraph 4(3)(a)[^f00045] (increase for beneficiary’s dependent children and qualifying young persons), after sub-paragraph (i) insert “or” and for sub-paragraphs (ii) and (iii) substitute—