Family Law Awards 2020
Shortlist announced - time to place your vote!
Court of Protection Practice 2020
'Court of Protection Practice goes from strength to strength, having...
Jackson's Matrimonial Finance Tenth Edition
Jackson's Matrimonial Finance is an authoritative specialist text...
Latest articles
No fault divorce - the end of the blame game
The Divorce, Dissolution and Separation Act 2020, which passed into law on 25 June 2020, will introduce "no fault" divorce in England and Wales for the first time. This article looks at what it...
New Cafcass guidance on working with children during COVID-19
The Children and Family Court Advisory and Support Service (Cafcass) has published guidance on working with children during the coronavirus (COVID-19) pandemic. The guidance sets out arrangements for...
Remote hearings in family proceedings – how is justice perceived?
The motion for the recent Kingsley Napley debate:  “This House believes remote hearings are not remotely fair” was carried with a fairly balanced 56% in favour and 44% against....
Online event: An update on recovery in the civil, family courts & tribunals
HM Courts and Tribunals Service has announced that it is holding an online event to discuss its recovery plan for the civil, family courts and tribunals, which was published on 9 November 2020...
HM Courts & Tribunals Service confirms 2020 Christmas and new year closure dates
HM Courts & Tribunals Service (HMCTS) has confirmed the dates over the Christmas and new year period in which Crown Courts, magistrates’ courts,...
View all articles

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

Sep 29, 2018, 19:00 PM
The Marriage (Same Sex Couples) Act 2013 (Consequential Provisions) Order 2014
Slug : UKSI2014No107mm
Meta Title : The Marriage (Same Sex Couples) Act 2013 (Consequential Provisions) Order 2014
Meta Keywords : The Marriage (Same Sex Couples) Act 2013 (Consequential Provisions) Order 2014
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : Jan 31, 2014, 05:22 AM
Article ID : 104633

This Order may be cited as the Marriage (Same Sex Couples) Act 2013 (Consequential Provisions) Order 2014. This Order comes into force on 13th March 2014.

This Order makes amendments to subordinate legislation as a consequence of the coming into force of the majority of the provisions of the Marriage (Same Sex Couples) Act 2013 (c. 30) ("the Act"). The Order also makes consequential amendments to subordinate legislation which should have been made as part of the implementation of the Civil Partnership Act 2004 (c. 33). The Order corrects these omissions. The Order comes into force on 13th March 2014. A separate Order (the Marriage (Same Sex Couples) Act 2013 (Consequential and Contrary Provisions and Scotland) Order 2014) making consequential amendments to primary legislation, as well as other provision, is also coming into force on the same day as this Order.

Schedule 1 makes amendments to subordinate legislation. Apart from the amendments made by paragraphs 18(2)(b) and (3)(b) and 19, the amendments only extend to England and Wales. The amendments made by the above mentioned paragraphs also extend to Scotland. Schedule 2 makes amendments to secondary legislation applying in Wales only.

Paragraph 1 of Schedule 1 amends article 20 of the London Cab Order 1934 (S.I. 1934/1346) to ensure that it applies as appropriate to all surviving spouses. Due to the statutory gloss contained in section 11(1) and (2) of, and Schedule 3 to, the Act, any reference to a married person in legislation is to be read as including a reference to someone married to a person of the same sex but does not affect gender-specific drafting applying to opposite sex couples. Paragraph 1(c) omits the provision in article 20 enabling a married woman to transfer her Hackney Carriage Licence to her husband.

Paragraph 2 makes a consequential amendment to the Marriage (Authorised Persons) Regulations 1952 (S.I. 1952/1869) to recognise that marriages can now take place between two people of the same sex. Other enactments concerned with registration are amended by paragraphs 7, 8, 11, 27 and 38. These are updated to recognise that same sex couples may now marry and to recognise that the parents of a child who are both of the same sex may now be married or in a civil partnership. The amendment made by paragraph 8(2) and (3) follows on from amendments made in the Act.

Paragraph 3 amends the Probation (Compensation) Regulations 1965 (S.I. 1965/620) to ensure it applies as appropriate to all surviving spouses. Similar amendments are made in paragraphs 4, 12, 13, 47(4), 49(4) and 51(4). Some legislative provisions reflect the historical position up to now that only opposite sex couples can marry. The amendments made by paragraphs 6, 9, 10, 14 to 16, 17(2), (3), (5)(e)(ii), (f)(iii), (g) and (h), and (7)(b) and (c), 20 to 24, 26, 28 to 33, 35 to 37, 40 to 43, 45, 47(2) and (3), 48(3) to (5), 49(2) and (3), 50(3) to (5), 51(2) and (3), 52(3) to (5), and 53 to 55 amend various provisions so that it is clear on the face of those enactments that same sex couples can marry or, if they are living together, can now be treated as if they are married. Various provisions which refer to cohabiting couples who have chosen not to marry or enter into a civil partnership are amended. These amendments are found in paragraphs 34, 39, 46, 48(2), 50(2) and 52(2).

The amendments at paragraphs 5, 19 and 25 insert references to civil partners into the Merchant Shipping (Maintenance of Seamen's Dependants) Regulations 1972 (S.I. 1972/1635), the Occupational Pension Schemes (Scheme Administration) Regulations 1996 (S.I. 1996/1715) and the Working Time Regulations 1998 (S.I. 1998/1833). References to civil partners are also inserted by paragraphs 3, 4, 12, 13, 18(2)(b) and (3)(b), 47(4), 49(4), 51(4) and 56.

The Act provides that in certain cases same sex married couples are not to be treated in exactly the same way as opposite sex married couples. The amendments made by paragraphs 17(4), (5)(a) to (d), (e)(i), and (f)(i) and (ii), (6) and (7)(a), and 18(2)(a) and (3)(a) have this effect. Paragraph 44ensures provision about same sex married couples is made in the Occupational Pension Schemes (Modification of Schemes) Regulations 2006 (S.I. 2006/759). Paragraph 56 makes amendments to ensure that increases in the annual rate of the pensions of survivors of same sex spouses in public service pension schemes are correctly calculated.

Schedule 2 makes similar amendments to statutory instruments which only apply to Wales. These make amendments to provisions referring to persons living together to reflect the fact that same sex couples can now marry, and the amendment made by paragraph 7 also inserts a reference to civil partners in article 2 of the Selective Licensing of Houses (Specified Exemptions) (Wales) Order 2006 (S.I. 2006/2824 (W. 247)).

A full regulatory impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.

The SI is available to download here.

Categories :
  • Archive
  • Legislation & Guidance
  • Statutory Instruments
Tags :
Provider :
Product Bucket :
Recommend These Products
Related Articles
Load more comments
Comment by from