Commentary on provisions of Act Section 8: Same sex marriage and opposite sex civil partnerships
Section 8 requires the Secretary of State to make regulations to change the law relating to marriage in Northern Ireland to provide that marriage between same-sex couples is lawful, and that opposite-sex civil partnerships are also lawful. The section comes into effect on 22 October 2019 if a Northern Ireland Executive is not restored by 21 October 2019, and the regulations, which will be subject to the negative resolution procedure in Parliament, must be in force on or before 13 January 2020.
	Subsection (2) requires that these regulations must be in force no later than 13 January 2020. However this does not limit the re-exercise of power if needed, meaning further regulations can be made under this power and following the same procedure after this date, as appropriate.
	Subsection (3) enables regulations to make appropriate provision to ensure that same-sex marriage and opposite-sex civil partnership in Northern Ireland are accompanied by a comprehensive regime of rights, benefits and obligations which are equivalent to those available for opposite-sex marriage and same-sex civil partnerships.
	Subsection (4) provides in particular for the regulations under subsection (3) to deal with parenthood and parental responsibility, gender recognition, the financial consequences of marriage and civil partnership (such as pensions and social security), and for the recognition in Northern Ireland of marriages, civil partnerships and similar relationships formed in the rest of the UK and overseas.
	Subsection (5) enables regulations to make provision for conversion from marriage to a civil partnership and vice-versa.
	Subsection (6) enables the regulations to also make appropriate provision to protect the ability of individuals and organisations to act in accordance with religious or other belief or opinion in relation to marriage or civil partnership, including the conversion of marriage into civil partnership and vice versa.
	Subsection (7) enables regulations made under section 8 to set fees and to confer discretion, for example on the Registrar General for Northern Ireland, who currently has power to determine the form and particulars of certain applications in connection with marriage. Subsection (7) also enables the regulations to sub-delegate regulation-making and fee-setting powers to ensure that, where appropriate, the relevant Northern Ireland department can make administrative provision in regulations and set fees without the need for recourse to the Assembly each time.
	By virtue of subsection (8) a reference to marriage or forming a civil partnership in Northern Ireland in section 8 includes forces and consular marriages and civil partnerships that take place outside the UK.