| Provision(s) |
Effect |
Status
|
| Section 1
|
- Makes same-sex marriage legal.
- Preserves the Canon law of the Church of England which states that marriage is between opposite-sex couples only.
- States that the common law duty on members of the clergy to solemnises marriages does not extend to same-sex marriages.
|
Will be fully in force from 13 March 2014.
|
| Section 2
|
- Provides protections for individuals and religious organisations who choose not to "opt in" to solemnise same-sex marriages from any liability including through amending the Equality Act 2010.
|
Will be fully in force from 13 March 2014.
|
| Section 3
|
- Amends the Marriage Act 1949 to update the list of marriages which can be solemnised without the need for any "opt in":
- religious marriages for opposite-sex couples only in registered buildings;
- civil marriages for all couples in a register office;
- civil marriages for all couples in approved premises e.g. a hotel;
- religious marriages for opposite-sex couples by the Quakers or the Jewish religion;
- religious marriages for opposite-sex couples, one of whom is house-bound or detained;
- civil marriages for all couples, one of whom is house-bound or detained;
- marriages for opposite sex couples in a church or chapel of the Church of England or the Church in Wales.
|
Will be fully in force from 13 March 2014.
|
| Section 4 and Schedule 1.
|
- Sets out the procedure by which religious organisations (except for the Church of England, the Church in Wales, the Quakers and the Jewish religion) can "opt in" to solemnise same-sex marriages in religious buildings.
|
Will be fully in force from 13 March 2014.
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| Section 5
|
- Sets out the procedure by which the Quakers and the Jewish religion can "opt in" to solemnise same-sex marriages.
- Sets out the procedure by which religious organisations (except for the Church of England and the Church in Wales) can solemnise same-sex marriages where one or both of the same-sex couple is house-bound or detained.
|
Will be fully in force from 13 March 2014.
|
| Section 6
|
- Sets out the procedure by which same-sex marriages may be solemnised in naval, military and air force chapels (except for marriages according to the rites of the Church of England or the Church in Wales).
|
Will be fully in force from 3 June 2014.
|
| Section 7
|
- Amends the Marriage (Registrar General’s Licence) Act 1970 so that the Registrar General can authorise a religious marriage ceremony of a same-sex couple if the relevant governing authority has consented to marriages of same-sex couples. The Registrar General is permitted to authorise marriages where one of the couple is seriously ill, is not expected to recover and cannot be moved.
|
Will be fully in force from 13 March 2014.
|
| Section 8
|
- Sets out the procedure by which the Church in Wales can "opt in" to solemnise same-sex marriages. The Lord Chancellor would have to be satisfied that the Governing Body of the Church in Wales had resolved that the law should be changed to allow for the marriage of same-sex couples according to the rites of the Church in Wales. He must then make an order permitting the Church in Wales to perform same-sex marriages.
|
Will be fully in force from 13 March 2014.
|
| Section 9
|
- Sets out the procedure by which couples in a civil partnership can convert their civil partnership into a marriage.
|
Not in force. Expected to be in force by the end of 2014.
|
| Section 10 and Schedule 2
|
- Provides that same-sex marriages entered into outside of the United Kingdom will be recognised as a marriage in England and Wales.
- Provides that same-sex marriages entered into in England and Wales will be recognised as civil partnerships in Scotland and Northern Ireland.
|
Will be fully in force from 13 March 2014.
|
| Section 11 and Schedules 3 and 4
|
- Provides that, as a general rule, marriage has the same effect in relation to same sex couples as it has in relation to opposite sex couples under English law.
- Sets out how English law is to be interpreted to ensure that same-sex marriages are treated in the same was as opposite-sex marriages.
- Sets out certain exceptions to the general rule.
|
Section 11 and Schedule 3 will be fully in force from 13 March 2014. Schedule 4 will be mostly in force from 13 March 2014 with some exceptions.
|
| Section 12 and Schedule 5
|
- Amend the Gender Recognition Act 2004 to enable existing marriages registered in England and Wales or outside the United Kingdom to continue where one or both parties change their legal gender and both parties wish to remain married. It also amends the Act to enable a civil partnership to continue where both parties change their gender simultaneously and wish to remain in their civil partnership.
|
Not in force. Expected to be in force by the end of 2014.
|
| Section 13 and Schedule 6
|
- Repeals the Foreign Marriage Act 1892 in England, Wales and Scotland.
- Permits secondary legislation to be made which allows for marriages to take place in overseas consulates.
- Permits secondary legislation to be made which allows for certificates of no impediment to marriage to be issued where a United Kingdom national wishes to marry overseas according to local laws if that country or territory.
- Permits secondary legislation to be made which allows for members of the armed forces serving overseas, and accompanying civilians, to marry in the presence of a chaplain or other authorised officer.
|
Will be fully in force from 3 June 2014.
|
| Section 14
|
- Requires the government to arrange for a review of whether secondary legislation should be made which would permit belief-based organisations (such as humanists) to solemnise marriages and for a report on the outcome of the review to be produced and published before 1 January 2015.
|
Fully in force since 31 October 2013.
|
| Section 15
|
- Requires the government to arrange for review of the operation and future of the Civil Partnership Act 2004 in England and Wales to be carried out, and for a report on the outcome of the review to be produced and published.
|
Fully in force since 17 July 2013.
|
| Section 16
|
- Requires the government to arrange for review of certain matters relating to occupational pension schemes to be carried out, and for a report on the outcome of the review to be produced and published before 1 July 2014. Following the review, the government may make secondary legislation for the purpose of eliminating or reducing relevant differences in survivor benefits.
|
Fully in force since 17 July 2013.
|
| Section 17 and Schedule 7
|
- Makes various transitional and consequential provisions.
- Allows for secondary legislation which is needed to ensure the effective transition from marriage only being available to opposite-sex couples to being available for all couples.
- Deals with transitional arrangements in relation to "approved premises", e.g. premises (such as hotels) which have been approved by local authorities as venues for civil marriages and civil partnerships, and provides that any premises in the process of applying to be approved, or already approved as a venue for marriages of opposite sex couples will automatically be approved as a venue for marriages of same sex couples. Any future applications for, and grants of, approval of premises, will be for both same sex and opposite sex civil marriage.
- Makes amendments to a number of pieces of legislation in consequence of the introduction of same-sex marriage, notably the Marriage Act 1949, the Marriage (Registrar General’s Licence) Act 1970, the Matrimonial Causes Act 1973, the Public Order Act 1986, the Social Security Contributions and Benefits Act 1992, the Pension Schemes Act 1993, the Civil Partnership Act 2004, the Human Fertilisation and Embryology Act 2008, and the Equality Act 2010.
|
Mostly in force since 17 July 2013 with some exceptions.
|
| Section 18
|
- Sets out which of the different procedures by which secondary legislation is made apply to the different powers to make secondary legislation in the Act.
|
Fully in force since 31 October 2013.
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| Section 19
|
- Defines various expressions used in the Act.
|
Fully in force since 31 October 2013.
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| Section 20
|
- Sets out the territorial extent of the Act: England and Wales, with some provisions also applying to Scotland and Northern Ireland.
|
Fully in force since 31 October 2013.
|
| Section 21
|
- Sets out the short title of the Act: the Marriage (Same Sex Couples) Act 2013.
- Brings into force sections 15, 16 and 21 on the date on which the Act comes is passed (17 July 2013) and the rest when the Lord Chancellor or Secretary of State appoints.
|
Fully in force since 17 July 2013.
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