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 solemnise marriages does not extend to same-sex marriages. Fully in force since 13 March 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 Section 3 Amends the Marriage Act to update the list of marriages which can be solemnised without the need for any "opt in": 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. 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. 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.
Fully in force since 3 June 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. 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. Section 9 Sets out the procedure by which couples in a civil partnership can convert their civil partnership into a marriage. Fully in force since 10 December 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. 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 way as opposite-sex marriages.
Sets out certain exceptions to the general rule. Section 11 and Schedule 3 fully in force since 13 March Schedule 4 almost entirely in force since between 13 March and 10 December with one exception. Section 12 and Schedule 5 Amend the Gender Recognition Act 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. 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 of 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.
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 Fully in force since 31 October Section 15 Requires the government to arrange for review of the operation and future of the Civil Partnership Act 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 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 Following the review, the government may make secondary legislation for the purpose of eliminating or reducing relevant differences in survivor benefits.
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. Any future applications for, and grants of, approval of premises, will be for both same sex and opposite sex civil marriage. Fully in force since 17 July 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. Section 19 Defines various expressions used in the Act.
Section 20 Sets out the territorial extent of the Act: England and Wales, with some provisions also applying to Scotland and Northern Ireland.
Section 21 Sets out the short title of the Act: Brings into force sections 15, 16 and 21 on the date on which the Act comes is passed 17 July and the rest when the Lord Chancellor or Secretary of State appoints.