Marriage (Same Sex Couples) (Overseas Territories) Bill [HL]

1 Extension of marriage to same sex couples

Marriage of same sex couples in the Territory is lawful.

2 Effect of extension of marriage

In the law of the Territory, marriage has the same effect in relation to same
sex couples as it has in relation to opposite sex couples.

3 Power of Governor to make provision in respect of marriage of same sex couples

The Governor of the Territory must, by regulations published in the Gazette,
make such modifications or adaptations to any existing law of the Territory
as appear to the Governor to be necessary or expedient for bringing that law
into conformity with the extension of marriage to same sex couples.

4 Solemnization of civil marriage

Regulations made under section 3 must make provision for the solemnization
of civil marriage of same sex couples that is equivalent to the provision made
for the solemnization of civil marriage of opposite sex couples.

5 Solemnization of marriage according to religious rites: no compulsion to solemnize

(1)

Regulations made under section 3 may make provision for the solemnization
of religious marriage of same sex couples that is equivalent to the provision
made for the solemnization of religious marriage of opposite sex couples.

(2)

Any provision made for the solemnization of religious marriage of same sex
couples must ensure that a person or religious organisation may not be
compelled by any means (including by the enforcement of a contract or a
statutory or other legal requirement)—

(a)

to conduct a religious marriage of a same sex couple,

(b)

to be present at, carry out, or otherwise participate in, a religious
marriage of a same sex couple, or

(c)

to consent to a religious marriage of a same sex couple being
conducted,

where the reason for the person or religious organisation not doing that thing
is that the marriage concerns a same sex couple.

6 Provision for civil marriage to be made within 6 months

Regulations must be made under section 3 within 6 months beginning with
the day on which this Act is passed.

7 Exercise of powers of Governor

The Governor may, to such extent and subject to such restrictions and
conditions as he or she thinks proper, delegate, or authorise the delegation
of, any of his or her powers under this Act to any person, or class or
description of persons, approved by him or her, and references in this Act to
the Governor are to be construed accordingly.

8 Interpretation

In this Act—

“
Gazette” means the official gazette of the Territory and includes a
reference to any form in which official information is normally made
available in that Territory,

“
Governor”, in relation to the Territory, means the person holding or
acting in the office of Governor of that Territory, or if there is no such
office, the officer for the time being administering that Territory,

“
law”, in relation to the Territory, means any law in force made by any
legislature established for that Territory and includes any subordinate
legislation made under any such law,

“
religious marriage” means a marriage solemnized according to religious
rites or usages and includes any ceremony forming part of, or
connected with, the solemnization of such a marriage, and any religious
ceremony that may be conducted after the civil marriage of a same
sex couple,

“
the Territory” means any territory to which this Act extends.

9 Extent, commencement and short title

(1)

This Act extends to the following territories—

Anguilla

Bermuda

British Virgin Islands

Cayman Islands

Montserrat

Turks and Caicos Islands.

(2)

This Act comes into force on the day on which it is passed.

(3)

This Act may be cited as the Marriage (Same Sex Couples) (Overseas
Territories) Act 2022.