Citation and interpretation

1. —(1) This Order may be cited as the Marriage (Same Sex Couples) Act 2013 (Commencement No. 2 and Transitional Provision) Order 2014.

(2) In this Order “the Act” means the Marriage (Same Sex Couples) Act 2013.

Provisions coming into force on 21st January 2014

2. To the extent that the following provisions of the Act confer or relate to the power to make subordinate legislation, those provisions come into force on 21st January 2014 for the purpose of exercising any power (arising under or by virtue of that provision) to make subordinate legislation—

(a) section 6; and

(b) the following paragraphs of Schedule 6, and section 13(1) so far as it relates to those paragraphs—

(i) paragraphs 1 and 2;

(ii) paragraph 4;

(iii) paragraphs 6 to 10; and

(iv) paragraphs 12 to 15.

Provisions coming into force on 13th March 2014

3. The following provisions of the Act come into force on 13th March 2014—

(a) sections 1 to 3;

(b) section 4 so far as it is not already in force;

(c) section 5;

(d) sections 7 and 8;

(e) section 10(1) and (2);

(f) section 11(1) to (3) and (5) to (7);

(g) Schedule 1 so far as it is not already in force;

(h) paragraphs 2(1), 3 and 4 of Schedule 2, and section 10(3) so far as it relates to those paragraphs;

(i) Schedule 3;

(j) the following paragraphs of Schedule 4 so far as they are not already in force, and section 11(4) so far as it relates to those paragraphs—

(i) paragraphs 1 to 10;

(ii) paragraphs 11 to 14 except so far as they relate to a case where a spouse is, or was at the time of her death, a woman by virtue of a full gender recognition certificate having been issued under the Gender Recognition Act 2004( 2 ) and the marriage subsisted before the time when that certificate was issued;

(iii) paragraph 17 except so far as it relates to a relevant gender change case for the purposes of the Equality Act 2010( 3 );

(iv) paragraph 18 except so far as it relates to a relevant gender change case for the purposes of the Pension Schemes Act 1993( 4 );

(v) paragraph 19;

(vi) paragraphs 20 to 22 except so far as they relate to a relevant gender change case for the purposes of the Pension Schemes Act 1993;

(vii) paragraphs 24 to 26; and

(viii) paragraph 27(1) and (2); and

(k) the following paragraphs of Schedule 7, and section 17(4) so far as it relates to those paragraphs—

(i) paragraphs 1 to 20;

(ii) paragraphs 22 to 28;

(iii) paragraphs 31 to 33; and

(iv) paragraphs 35 to 45.

Transitional provision regarding overseas marriages of same sex couples

4. —(1) The coming into force of section 10(1) and (2) of the Act does not affect court proceedings in England and Wales concerning an overseas marriage, where those proceedings were issued under any provision of the Civil Partnership Act 2004( 5 ) before 13th March 2014.

(2) In this article, an “overseas marriage” means a marriage under the law of any country or territory outside the United Kingdom which is treated as a civil partnership by virtue of Part 5 of the Civil Partnership Act 2004.

Provisions coming into force on 3rd June 2014

5. The following provisions of the Act come into force on 3rd June 2014 so far as they are not already in force—

(a) section 6;

(b) section 13;

(c) Schedule 6; and

(d) paragraph 21 of Schedule 7, and section 17(4) so far as it relates to that paragraph.