PART 1Marriage of same sex couples in England and Wales

Part 3 of the Marriage Act 1949

I13Marriage for which no opt-in necessary

In Part 3 of the Marriage Act 1949, for section 26 substitute—

26Marriage of a man and a woman; marriage of same sex couples for which no opt-in necessary

1

The following marriages may be solemnized on the authority of two certificates of a superintendent registrar—

a

a marriage of a man and a woman, in a building registered under section 41, according to such form and ceremony as the persons to be married see fit to adopt;

b

a marriage of any couple in the office of a superintendent registrar;

bb

a marriage of any couple on approved premises;

c

a marriage of a man and a woman according to the usages of the Society of Friends (commonly called Quakers);

d

a marriage between a man and a woman professing the Jewish religion according to the usages of the Jews;

dd

a qualifying residential marriage;

e

a marriage of a man and a woman according to the rites of the Church of England in any church or chapel in which banns of matrimony may be published.

2

In this section “qualifying residential marriage” means—

a

the marriage of a man and a woman (other than a marriage in pursuance of subsection (1)(c) or (d) above), one or each of whom is house-bound or a detained person, at the usual place of residence of the house-bound or detained person or persons, or

b

the marriage of a same sex couple (other than a marriage according to the rites of the Church of England or other religious rites or usages), one or each of whom is house-bound or a detained person, at the usual place of residence of the house-bound or detained person or persons.