PART 1Marriage of same sex couples in England and Wales

Other provisions relating to marriages of same sex couples

9Conversion of civil partnership into marriage

1

The parties to an England and Wales civil partnership may convert their civil partnership into a marriage under a procedure established by regulations made by the Secretary of State.

2

The parties to a civil partnership within subsection (3) may convert their civil partnership into a marriage under a procedure established by regulations made by the Secretary of State.

3

A civil partnership is within this subsection if—

a

it was formed outside the United Kingdom under an Order in Council made under Chapter 1 of Part 5 of the Civil Partnership Act 2004 (registration at British consulates etc or by armed forces personnel), and

b

the part of the United Kingdom that was relevant for the purposes of section 210(2)(b) or (as the case may be) section 211(2)(b) of that Act was England and Wales.

4

Regulations under this section may in particular make—

a

provision about the making by the parties to a civil partnership of an application to convert their civil partnership into a marriage;

b

provision about the information to be provided in support of an application to convert;

c

provision about the making of declarations in support of an application to convert;

d

provision for persons who have made an application to convert to appear before any person or attend at any place;

e

provision conferring functions in connection with applications to convert on relevant officials, relevant armed forces personnel, the Secretary of State, or any other persons;

f

provision for fees, of such amounts as are specified in or determined in accordance with the regulations, to be payable in respect of—

i

the making of an application to convert;

ii

the exercise of any function conferred by virtue of paragraph (e).

5

Functions conferred by virtue of paragraph (e) of subsection (4) may include functions relating to—

a

the recording of information on the conversion of civil partnerships;

b

the issuing of certified copies of any information recorded;

c

the conducting of services or ceremonies (other than religious services or ceremonies) following the conversion of a civil partnership.

6

Where a civil partnership is converted into a marriage under this section—

a

the civil partnership ends on the conversion, and

b

the resulting marriage is to be treated as having subsisted since the date the civil partnership was formed.

7

In this section—

  • “England and Wales civil partnership” means a civil partnership which is formed by two people registering as civil partners of each other in England or Wales (see Part 2 of the Civil Partnership Act 2004);

  • “relevant armed forces personnel” means—

    1. a

      a member of Her Majesty’s forces;

    2. b

      a civilian subject to service discipline (within the meaning of the Armed Forces Act 2006);

    and for this purpose “Her Majesty’s forces” has the same meaning as in the Armed Forces Act 2006;

  • “relevant official” means—

    1. a

      the Registrar General;

    2. b

      a superintendent registrar;

    3. c

      a registrar;

    4. d

      a consular officer in the service of Her Majesty’s government in the United Kingdom;

    5. e

      a person authorised by the Secretary of State in respect of the solemnization of marriages or formation of civil partnerships in a country or territory in which Her Majesty’s government in the United Kingdom has for the time being no consular representative.