SCHEDULES

SCHEDULE 3E+W+SServices and public functions: exceptions

[F1PART 6AE+W+SMarriage of same sex couples [F2and Civil Partnership] in England and Wales

Textual Amendments

F2Words in Sch. 3 Pt. 6A heading inserted (E.W.S.) (2.12.2019) by The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), regs. 1(2), 10(3)(a)

Marriage according to religious rites: no compulsion to solemnize etc E+W+S

25A(1)A person does not contravene section 29 only because the person—

(a)does not conduct a relevant marriage,

(b)is not present at, does not carry out, or does not otherwise participate in, a relevant marriage, or

(c)does not consent to a relevant marriage being conducted,

for the reason that the marriage is the marriage of a same sex couple.

(2)Expressions used in this paragraph and in section 2 of the Marriage (Same Sex Couples) Act 2013 have the same meanings in this paragraph as in that section.]

No compulsion for religious organisations or persons acting on their behalf to act in relation to civil partnershipsE+W+S

[F325AA.(1)A protected person does not contravene section 29 only because the person—

(a)does not allow religious premises to be used as the place at which two people register as civil partners of each other under Part 2 of the Civil Partnership Act 2004 (“the 2004 Act”), or

(b)does not provide, arrange, facilitate or participate in, or is not present at—

(i)an occasion during which two people register as civil partners of each other on religious premises under Part 2 of the 2004 Act, or

(ii)a ceremony or event in England or Wales to mark the formation of a civil partnership,

for the reason that the person does not wish to do things of that sort in relation to civil partnerships generally, or those between two people of the same sex, or those between two people of the opposite sex.

(2)An employer or principal does not contravene section 29 only because the employer or principal is treated under section 109 as doing something that does not, by virtue of sub-paragraph (1), amount to a contravention of section 29 by the employee or agent who in fact does it.

(3)In this paragraph—

  • “protected person” has the meaning given by section 30ZA(2) of the 2004 Act;

  • “religious premises” has the meaning given by section 6A(3C) of the 2004 Act.]

Textual Amendments