By Catherine Fairbairn

6 July 2021 venues

Summary 1 Where can a marriage take place in and Wales? 2 Civil marriage 3 Religious marriage 4 The Labour Government’s proposals (1999-2005) 5 Law Commission project on

6 Marriage venues in

commonslibrary.parliament.uk Number 02842 Marriage venues

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Contents

1 Where can a marriage take place in England and Wales? 7

2 Civil marriage 9

2.1 Venues for civil marriage 9

2.2 Civil ceremony must not include religious content 14

3 Religious marriage 16

3.1 Marriage in the Church of England 16

3.2 Marriage in accordance with the rites of other religions 17

3.3 Marriage indoors 18

4 The Labour Government’s proposals (1999-2005) 19

4.1 Regulation to be based on celebrant and not on building 19

4.2 Proposals not implemented 19

5 Law Commission project on weddings 21

5.1 Background 21

5.2 Law Commission scoping review 22

5.3 Law Commission scoping paper 23

5.4 Law Commission project 24

5.5 Law Commission consultation 25

6 Marriage venues in Scotland 28

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Summary

This briefing paper deals with where couples may get married in England and Wales, with a very short summary of the position in Scotland. It includes information about new regulations which, from 1 July 2021 to 5 April 2022, enable couples to marry at some outdoor locations. This paper does not deal with restrictions on marriage and civil partnership ceremonies and receptions which are in place as a consequence of the Coronavirus (Covid-19) pandemic. Gov.UK has information and guidance on the current position, which is updated from time to time, including:

• Coronavirus (COVID-19): and civil partnership ceremonies, receptions and celebrations, last updated 28 June 2021.

Where can a marriage take place? In England and Wales, the regulation of marriage is based largely on the building in which the relevant marriage takes place. Marriage must usually take place in a register office; a building that has been approved for the purposes of civil marriage by the local authority of the area in which the building is situated - “approved premises” - including, for example, hotels and stately homes; a building of the Church of England or the Church in Wales; a building that has been registered for the purposes of religious marriage other than in the Church of England or Church in Wales; or a naval, military or air force chapel.

There are some exceptions including:

• from 1 July 2021 until 5 April 2022 (at least to begin with) civil ceremonies may take place outdoors in the grounds of approved premises. The Government intends to undertake a public consultation later in 2021 to consider in detail the practical impacts of this new policy and to lay a further instrument in Spring 2022;

• due mainly to historical reasons, couples marrying according to the rites and ceremonies of the Jews or Society of Friends may marry anywhere, including outdoors;

• marriage can sometimes take place at the residence of someone who is housebound, detained or terminally ill.

There are various conditions surrounding the couple’s choice of venue.

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Law Commission project

Background At present, non-religious belief marriage ceremonies (such as humanist marriage ceremonies) do not have legal force and the parties must have an additional ceremony (for example, at a register office) for the marriage to be legally valid.

In 2014, the Ministry of Justice conducted a public consultation on whether the law should be changed to permit marriage according to the usages of non-religious belief organisations. The majority of respondents to the consultation were in favour of changing the law to allow such marriage ceremonies to take place in unrestricted locations, including outdoors. However, the Coalition Government decided that the legal and technical requirements of marriage ceremonies and registration in England and Wales should be considered more generally before, or at the same time as, making a decision on the issue of permitting legally valid non-religious belief marriage ceremonies.

Law Commission scoping review and consultation In December 2014, the Coalition Government asked the Law Commission to conduct a review of the law governing how and where people can marry in England and Wales. The Law Commission published a scoping paper in December 2015 and concluded that the law governing how and where couples in England and Wales can marry “is badly in need of reform”.

The Law Commission has since consulted on its provisional proposals for a new scheme intended, among other things, to:

• allow weddings to take place anywhere, including outdoors; • offer couples greater flexibility over the form their wedding ceremonies will take, enabling them, if they desire, to use a variety of ceremonies (religious and non-religious) to mark their weddings; • simplify the process and remove unnecessary red tape; • provide a framework that could allow non-religious belief organisations (such as humanists) and/or independent celebrants to conduct legally binding weddings.

One of the features of the new scheme is that regulation would be based on the officiant rather than on the building in which the wedding takes place.

After analysing responses, the Law Commission intends to publish its final report, with recommendations for Government, at the end of 2021.

Scotland In Scotland, a religious or belief marriage may take place anywhere. A civil marriage may take place in a registration office or at any place agreed

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between the registration authority and the couple. There are rules relating to who may solemnize .

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1 Where can a marriage take place in England and Wales?

The Marriage Act 1949 (as amended) sets out the procedure and places where a marriage may take place. It provides for:

• civil marriage; • marriage according to the rites and ceremonies of the Church of England and the Church in Wales; 1 • marriage according to Jewish and the Society of Friends (Quaker) customs; • marriage according to all other religious rites (eg Roman Catholic, Methodist, Muslim), in a place of worship that has been registered for the purpose.

The regulation of marriage is based largely on the building in which the relevant marriage takes place. Marriage must usually take place at one of the following venues:

• register office; • approved premises, such as an hotel – that is, a building that has been approved for the purposes of civil marriage by the local authority of the area in which the building is situated; 2 • a building of the Church of England or the Church in Wales; • a registered building - that is, a building that has been certified as a place of worship and also registered for the purpose of religious marriage (other than in the Church of England or Church in Wales); • a naval, military or air force chapel.

There are some exceptions including:

• from 1 July 2021 until 5 April 2022 (at least to begin with) civil ceremonies may take place outdoors in the grounds of approved premises – the next section of this briefing paper provides further information;

1 Section 78(2) of the Marriage Act 1949 provides that any reference in that Act to the Church of England shall, unless the context otherwise requires, be construed as including a reference to the Church in Wales, and the same approach is adopted in this briefing paper 2 In accordance with the Marriages and Civil Partnerships (Approved Premises) Regulations 2005, as amended

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• due mainly to historical reasons, couples marrying according to the rites and ceremonies of the Jews or Society of Friends may marry anywhere, including outdoors; • marriage can sometimes take place at the residence of someone who is housebound, detained or terminally ill.

There are various conditions surrounding the couple’s choice of venue.

The Marriage (Same Sex Couples) Act 2013 amended the Marriage Act 1949 to provide for same-sex couples to be married in either a civil ceremony or a religious ceremony (other than in accordance with the rites and ceremonies of the Church of England or Church in Wales) where the religious organisation has opted in to conduct marriage of same-sex couples.

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2 Civil marriage

2.1 Venues for civil marriage

In England and Wales, a civil marriage ceremony may take place at a register office or at any venue approved by the local council in accordance with the Marriages and Civil Partnerships (Approved Premises) Regulations 2005 (the 2005 Regulations). 3

Religious premises, meaning premises which are used solely or mainly for religious purposes, or which have been so used and have not subsequently been used solely or mainly for other purposes, 4 may not be approved for civil marriage. 5

As enacted, the 2005 Regulations specified that the ceremony must take place within a permanent immovable structure comprising at least a room, or any permanently moored boat or vessel. The 2005 Regulations have been amended by the Marriages and Civil Partnerships (Approved Premises) (Amendment) Regulations 2021 (the 2021 Regulations), 6 for the period from 1 July 2021 to 5 April 2022, to permit civil ceremonies to take place in the grounds of approved premises as well as in the indoor structure.

The Government said that permitting a ceremony to take place in the outdoor parts of the premises which have already been authorised to conduct weddings and civil partnership formations “is considered beneficial for couples and for venues, providing greater flexibility and choice”. 7

Civil marriages which are held in a register office cannot be held outdoors. 8

Outdoor weddings: the effect of the 2021 regulations The Government published an Explanatory Memorandum with the 2021 Regulations (the Explanatory Memorandum). This states that, as amended,

3 SI 2005/3168 4 As defined by section 6A(3C) of the Civil Partnership Act 2004 5 HM Passport Office, The Registrar General's guidance for the approval of premises as venues for civil marriages and civil partnerships, Eighth edition (revised 30 June 2021), paragraph 2.16 6 SI 2021/775 7 Explanatory Memorandum to the Marriages and Civil Partnerships (Approved Premises) (Amendment) Regulations 2021, paragraph 7.2 8 Ministry of Justice, Guidance for couples: outdoor civil marriage and civil partnership ceremonies, 1 July 2021

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the definition of premises which may receive approval under the 2005 Regulations means “built premises together with linked outdoor areas”:

“Built premises” means a permanently immovable structure comprising at least a room, or any boat or other vessel which is permanently moored. “Linked outdoor areas” means any areas within the boundary of the land of which the built premises form part, which are not indoors and which may be used in common with the built premises. Currently, only built premises are capable of approval for the solemnization of civil marriages and the formation of civil partnerships (“proceedings” as defined in the 2005 Regulations). 9

Before holding proceedings in the linked outdoor areas, the superintendent registrar must confirm that the proposed location for the proceedings is ‘seemly and dignified’. 10 The Government has stressed the importance of consulting the superintendent registrar in advance:

Failure to obtain prior confirmation that the proposed location of outdoor proceedings is seemly and dignified could result in the ceremony not taking place on the day. Superintendent registrars will not conduct proceedings in contravention of the 2005 Regulations (as amended). 11

Other conditions must also be met, including that the location of the proceedings must be identifiable by description and for suitable notices to be displayed giving directions to the location of the proceedings. 12

The 2005 Regulations (as amended) attach different conditions to proceedings which take place in an approved room(s) within the built premises and those proceedings which take place in a location within the linked outdoor areas. 13

It will be necessary to include with a new application for approval, or renewal of approval, a plan showing the entire premises, including the boundaries of the linked outdoor areas (but not the locations at which proceedings will take place).

Transitional provisions are intended to ensure that there is no new administrative burden placed on existing venues or on approval authorities:

9 Explanatory Memorandum to the Marriages and Civil Partnerships (Approved Premises) (Amendment) Regulations 2021, paragraph 2.2 10 Marriages and Civil Partnerships (Approved Premises) (Amendment) Regulations 2021 regulation 3(9) and Schedule 1 11 Ministry of Justice, Guidance for venues: outdoor civil marriage and civil partnership ceremonies, 1 July 2021 12 Explanatory Memorandum to the Marriages and Civil Partnerships (Approved Premises) (Amendment) Regulations 2021, paragraph 2.2 13 Ministry of Justice, Guidance for venues: outdoor civil marriage and civil partnership ceremonies, 1 July 2021

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Transitional provision also provides that (1) that existing Approved Premises will be permitted to utilise linked outdoor areas for proceedings without the need to first obtain re-approval or to provide revised plans showing the boundaries of the linked outdoor areas; and (2) applications which have already been submitted do not need to resubmit revised plans showing the boundaries of the linked outdoor areas. 14

Implementation of the 2021 Regulations The 2021 Regulations are subject to the negative resolution procedure. This means that it was not necessary for them to be approved specifically by both Houses of Parliament before they came into force (as would have been the case if they had been subject to the affirmative resolution procedure).

The 2021 Regulations came into force the day after they were laid. Normally with regulations at least 21 days elapse between laying in Parliament and coming into force (the 21-day rule). The Explanatory Memorandum sets out why, as a result of the impact of the Covid-19 pandemic, the Government wanted to expedite implementation:

The weddings industry has been severely impacted by the legal restrictions on activities and on social gatherings imposed in response to the Covid-19 pandemic. Many thousands of couples had to postpone or cancel their planned wedding in 2020. The UK weddings industry is estimated to be worth £10 bn annually. The peak season for weddings begins in April and runs through to the end of September. The roadmap announced by the Government on 22 February 2021 envisaged the removal of all restrictions on significant life events, such as weddings, being removed not before 21 June. The Government now hopes to be able to do so not before 19 July.

When the Government in 2019 asked the Law Commission to undertake a fundamental review of the law governing how and where people legally marry in England and Wales, it also committed separately to accelerate work to enable civil wedding and civil partnership ceremonies to take place outdoors. The ongoing impact of covid-19 has presented significant challenges. It was not feasible to bring forward secondary legislation to enable civil weddings and civil partnerships to take place outdoors for the 2020 wedding season. The Ministry of Justice has therefore been working with the General Register Office to deliver that change as soon as practicable for the 2021 wedding season.

The Government has taken the view that it is important to introduce these changes now to give more options to couples and the

14 Explanatory Memorandum to the Marriages and Civil Partnerships (Approved Premises) (Amendment) Regulations 2021, paragraphs 2.4 and 2.5

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weddings sector in how civil weddings and civil partnerships can be celebrated by allowing all aspects of the proceedings to take place outdoors. At the same time, this step will support the weddings sector by providing greater choice and potentially helping venues to meet demand for larger ceremonies. The change will benefit the almost 75% of all weddings in England and Wales that are non- religious, and which take place on approved premises, along with civil partnerships.

For all these reasons, the Government wishes to bring these changes into force at the earliest possible opportunity so that as many businesses and couples as possible can benefit from them during the remainder of the 2021 weddings season… 15

Frequently asked questions Government guidance provides answers to some questions including:

I have an existing wedding ceremony booked at an Approved Premises. Can I now have that ceremony outdoors?

You should discuss this with the venue as soon as possible. The Government has made changes to the law to allow a civil wedding ceremony (or civil partnership registration) on Approved Premises to take place in the grounds of the venue. However, whether you can change your ceremony from a room inside the Approved Premises to a location in the grounds depends on whether the venue is offering outdoor ceremonies. The venue must also first obtain prior confirmation from the local authority that the proposed location for your outdoor ceremony is seemly and dignified. It is important that you discuss your wishes with the venue before making any firm plans.

Will I need to change my notice of intention to marry if I have my ceremony in the grounds of the Approved Premises?

No – this will not be necessary unless you are changing to a different venue (for example, if your current venue has decided not to offer outdoor ceremonies).

Will my ceremony be cancelled if it rains?

You should discuss and agree in advance with the Approved Premises venue the use of an alternative room within the premises, or a partially enclosed structure in the grounds, so that your ceremony can still take place in the event of bad weather. Venues have been advised to consider contingency plans so that a ceremony can still take place on the day.

15 Ibid, paragraphs 3.2 to 3.5

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Can I have an unlimited number of guests at my ceremony if it is to be held outdoors?

The maximum number of guests who can attend your ceremony will depend on a number of factors, including any legal restrictions or guidelines on Covid-19 and social gatherings, health and safety and fire precautions (especially in relation to any partially enclosed structure within which the outdoor ceremony will take place), and any planning restrictions which may be in place or which may be imposed by the local authority on the venue.

Approved Premises will also need to consider how the guests can be accommodated indoors in the event of bad weather, whilst meeting any current Covid-19 and health and safety requirements, which may differ for indoor gatherings depending on the size of the room(s) available. 16

More permanent change to follow The Government intends to undertake a public consultation in Autumn 2021 to consider the practical impacts of the new policy in detail. 17 The Government also anticipates publishing an Impact Assessment, and that a further instrument will be laid in Spring 2022. 18

Government guidance and information Gov.UK has:

• Guidance for couples: outdoor civil marriage and civil partnership ceremonies; 19 • Guidance for venues: outdoor civil marriage and civil partnership ceremonies; 20 • a list of premises that have been approved for civil marriages and civil partnerships in England and Wales; 21 and • Guidance on registering a venue for civil marriage and civil partnership, issued by the Registrar General for England and Wales. 22

16 Ministry of Justice, Guidance for couples: outdoor civil marriage and civil partnership ceremonies, 1 July 2021 17 Gov.UK from the Ministry of Justice, Outdoor civil wedding and partnership registrations to be legalised, 20 June 2021 [accessed 6 July 2021] 18 Explanatory Memorandum to the Marriages and Civil Partnerships (Approved Premises) (Amendment) Regulations 2021, paragraph 3.5 19 1 July 2021 20 1 July 2021 21 Last updated 9 October 2018 22 Eighth edition, revised 30 June 2021

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There is no central list of Approved Premises offering outdoor ceremonies. Government guidance states that this is because this is a new change and those venues will need to decide whether they wish to offer this option. There is no requirement for them to do so. 23

2.2 Civil ceremony must not include religious content

The Marriage Act 1949 provides that no religious service shall be used at any marriage solemnized in the office of a superintendent registrar. 24

Similarly, the regulations provide that it must be a condition of approval of premises for civil marriage that marriages conducted there must not include anything that is religious:

(1) Any proceedings conducted on approved premises shall not be religious in nature.

(2) In particular, the proceedings shall not—

(a) include extracts from an authorised religious marriage service or from sacred religious texts;

(b) be led by a minister of religion or other religious leader;

(c) involve a religious ritual or series of rituals;

(d) include hymns or other religious chants; or,

(e) include any form of worship.

(3) But the proceedings may include readings, songs, or music that contain an incidental reference to a god or deity in an essentially non-religious context.

(4) For this purpose any material used by way of introduction to, in any interval between parts of, or by way of conclusion to the proceedings shall be treated as forming part of the proceedings. 25

23 Ministry of Justice, Guidance for couples: outdoor civil marriage and civil partnership ceremonies, 1 July 2021 24 Section 45(2) 25 Marriages and Civil Partnerships (Approved Premises) Regulations 2005/3168, Regulation 6(1) and Schedule 2, paragraph 11. See also, Gov.UK, Marriages and civil partnerships in England and Wales, Plan your ceremony, [accessed 6 July 2021]

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A couple may have a separate religious blessing of their marriage after a civil ceremony (depending on the requirements of the religious organisation concerned).

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3 Religious marriage

3.1 Marriage in the Church of England

Right to marry The general position is that the clergy of the Church of England are under a common law duty to marry a parishioner in their parish church or in the church of a parish with which they have a qualifying connection. 26

However, is not legally possible for same sex-couples to marry in the Church of England. In addition, in some circumstances, members of the clergy may refuse to solemnize a marriage; for example, they may refuse to marry any person whose former marriage has been dissolved if the former spouse is still living; 27 or any person whose acquired gender has been legally recognised under the Gender Recognition Act 2004. 28

Marriage ceremony Only a marriage according to the rites and ceremonies of the Church of England may take place in an Anglican church, unless the church is the subject of a Sharing Agreement:

Only marriages according to the rites of the Church of England can be solemnised in Church of England churches and chapels, although this is subject to exception in the case of an agreement under the Sharing of Church Buildings Act 1969. If, on the basis of a Sharing Agreement, a Church of England church or chapel is then registered under the Registration of Places of Worship Act 1855 as a place of worship of another denomination, it can be used for the solemnisation of marriages that are according to the rites of that denomination. 29

The Church of England may grant permission for a minister of another Christian church to assist in the solemnization of a marriage. 30 However,

26 Marriage (Same Sex Couples) Act 2013 Explanatory Notes, paragraph 5 and Faculty Office, Special Marriage Licence, Legal Entitlements [accessed 6 July 2021] 27 Matrimonial Causes Act 1965, section 8(2) 28 Marriage Act 1949, section 5B 29 Code of Practice on Co-operation by the Church of England with Other Churches issued by the House of Bishops under section 5B of the Church of England (Ecumenical Relations) Measure 1988, February 2019, paragraph 157 30 Church of England, Canons of the Church of England, section B43

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certain aspects of the ceremony must be performed by the Church of England minister. 31

The Church of England Diocese of Norwich has published the following FAQs setting out the position:

Q: Can I have a Roman Catholic (or other non-Anglican) wedding in an Anglican church?

A: No. A Roman Catholic wedding in England must be preceded by civil preliminaries, and must take place in a registered building. An Anglican church is a not a ‘registered building’ for this purpose.

Q: Can a Roman Catholic (or other non-Anglican) be married in an Anglican church, even if it is not possible to have a Roman Catholic (or other) wedding service?

A: Yes. People of any faith can be married in an Anglican church, provided that the Anglican form of marriage service is used. An Anglican priest must conduct the service. For the marriage to be legally valid, there are certain parts of the Anglican marriage service which an Anglican priest must say, including the final blessing, but a clergyman of another denomination may assist with other parts of the service, for example, an address or prayers. There is a detailed discussion of this question in Legal Opinions Concerning the Church of England, 8th Ed. 2007 on pages 365-366. 32

3.2 Marriage in accordance with the rites of other religions

Religious marriage in a registered building To be legally valid, a religious marriage (other than marriage according to the rites and ceremonies of the Church of England and the Church in Wales, and Jewish and Quaker marriage) must generally take place in a registered building. This means that the building must have been certified for religious worship and registered for the purposes of marriage.

The Places of Worship Registration Act 1855 provides for places of religious worship to be certified by the Registrar General. A building must be certified as a place of religious worship before it can be registered for marriages by the Registrar General under the Marriage Act 1949.

31 Church of England, Marriage, Notes to the Marriage Service, paragraph 13. Ecumenical Provisions [accessed 6 July 2021] 32 Church of England Diocese of Norwich, Marriage Frequently asked questions [accessed 6 July 2021]

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One year after a building has been registered for the solemnization of marriages, the trustees or governing body can appoint an “authorised person” to attend marriages and sign the marriage schedule without the need for a registrar from the register office to attend. 33 Further information is provided on the Gov.UK website. 34

Different religious organisations have their own rules about who is eligible to marry in accordance with their rites.

There is no need to undergo a separate civil ceremony when the marriage is properly conducted in a place of worship registered under the 1949 Act.

Marriage not in a registered building Those who wish to celebrate their marriage in a place of worship, or elsewhere, that has not been registered for marriage must go through an additional civil ceremony in order to be legally married.

3.3 Marriage indoors

Religious marriages conducted in a place of worship cannot be held outdoors at the current time. 35 The Government intends to legislate, when Parliamentary time allows, to enable religious ceremonies to be held in outdoor areas of religious premises. 36

33 HM Passport Office Guidance, Marriage ceremonies, updated 4 May 2021 [accessed 6 July 2021] 34 Gov.UK, Places of religious worship and the solemnisation of marriages, [accessed 6 July 2021] 35 Ministry of Justice, Guidance for couples: outdoor civil marriage and civil partnership ceremonies, 1 July 2021. Couples marrying according to the rites and ceremonies of the Jews or Society of Friends may marry anywhere, including outdoors 36 Explanatory Memorandum to the Marriages and Civil Partnerships (Approved Premises) (Amendment) Regulations 2021, paragraph 7.8

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4 The Labour Government’s proposals (1999-2005)

4.1 Regulation to be based on celebrant and not on building

The Labour Government proposed that couples would be given a greater choice of where to marry, as part of a more general reform of civil registration.

A Consultation Paper published in 1999, “Registration: Modernising a vital service”, posed the question, “Should people be able to marry anywhere?”. Responses to this question indicated that people wanted freedom to marry in places other than those then approved for marriages. 37

A White Paper, Civil Registration: Vital Change, published in January 2002, proposed that regulation of marriage would be based on the celebrant (the person responsible for the solemnization of the marriage) rather than on the building in which the marriage takes place. National standards for civil ceremonies were to set out the criteria to be met in order to ensure that the solemnity and dignity of the occasion were safeguarded. 38

4.2 Proposals not implemented

The Labour Government originally intended that legislative changes to civil registration would be brought about by using the order-making powers in the Regulatory Reform Act 2001. 39 The proposals were to be implemented in two stages: first those relating to the registration of births and deaths and then, subsequently, those relating to marriage.

However, both the Parliamentary Committees which considered the proposals relating to registration of births and deaths concluded that they were not

37 CM5355, Civil Registration: Vital Change – Birth, Marriage and Death Registration in the 21st Century, January 2002, p48 38 Ibid, paragraphs 3.16-21 39 Most of this Act has now been repealed, with savings, by the Legislative and Regulatory Reform Act 2006

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appropriate for the regulatory reform order procedure. 40 In March 2005, the Government announced that, in the light of the Committees’ decision, they no longer intended to put forward a draft Regulatory Reform Order to reform marriage law. 41

In November 2005, the General Register Office published a consultation document, Registration Modernisation, which set out proposals for taking forward the modernisation of civil registration. This stated that primary legislation would be needed to enact the proposals to extend the choice of marriage venues available to couples. 42

40 House of Commons Regulatory Reform Committee, Proposal for the Regulatory Reform (Registration of Births and Deaths) (England and Wales) Order 2004, 20 December 2004, HC 118, and House of Lords Delegated Powers and Regulatory Reform Committee, Proposal for the draft Regulatory Reform (Registration of Births and Deaths) (England and Wales) Order 2004, 14 December 2004, HL 14 41 HC Deb 1 March 2005 c77WS 42 At p7

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5 Law Commission project on weddings

5.1 Background

Humanist marriage ceremonies At present, non-religious belief marriage ceremonies (such as humanist marriage ceremonies) do not have legal force and the parties must have an additional ceremony (for example, at a register office) for the marriage to be legally valid. 43

Coalition Government consultation As required by section 14 of the Marriage (Same Sex Couples) Act 2013, the Coalition Government consulted on whether the law should be changed to permit legally valid non-religious belief marriage ceremonies, alongside religious and civil ceremonies. 44 The consultation ran from 26 June 2014 to 18 September 2014. It asked for views on a number of issues, including where such belief marriages, if allowed, should be permitted to take place.

Coalition Government response On 18 December 2014, the Coalition Government published its response to the consultation paper. 45 This stated that the majority of respondents to the consultation were in favour of changing the law to allow legally valid non-religious belief marriage ceremonies to take place, in unrestricted locations.

However, the Coalition Government considered that a number of complex issues had been raised which had implications for marriage solemnization more broadly. For example, outdoor marriage had emerged as a strong theme from the consultation and the Coalition Government was aware that allowing only non-religious belief marriages to take place in unrestricted locations might be seen as unfair:

The BHA[ 46] and the majority of those supporting humanist marriages are of the firm view that only ceremonies in unrestricted

43 Further information is provided in another Library briefing paper, Humanist Marriage Ceremonies, Number 05864 44 Ministry of Justice, Marriages by Non-Religious Belief Organisations, June 2014 45 Ministry of Justice, Marriages by Non-Religious Belief Organisations: Summary of Written Responses to the Consultation and Government Response, 18 December 2014 46 British Humanist Association, now operating under the name, Humanists UK

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locations will provide equality for and meet the needs of humanist couples. However, allowing belief marriages to take place at unrestricted locations would create a further difference in treatment in our marriage law and is opposed by the Church of England (CoE) and Church in Wales on the basis that it would create an inequality for the majority of religious groups and couples who are restricted to their registered place of worship. Registration services report a growing demand for outdoor marriages, and the Government is aware that allowing belief marriages in unrestricted locations may also be seen as unfair by couples who are neither religious nor humanist but who also may want a greater choice of marriage venues. Any broader changes concerning the places where marriages ceremonies may be conducted could not be achieved through the order-making power in section 14 of the 2013 Act, which is limited to making provision for marriages by people in non-religious belief organisations. 47

The response stated that the legal and technical requirements of marriage ceremonies and registration in England and Wales should be considered before, or at the same time as, making a decision on the issue of non-religious belief ceremonies. The Coalition Government said that it would ask the Law Commission to conduct a broader review of the law concerning marriage ceremonies, to begin as soon as possible. 48

5.2 Law Commission scoping review

In December 2014, the Coalition Government asked the Law Commission to conduct a review of the law governing how and where people can marry in England and Wales. The Law Commission agreed to carry out an initial scoping review of marriage law. The aim of the review was to consider whether the current law provides a fair and coherent legal framework for enabling people to marry, and to identify areas of the law that might benefit from reform. 49 At that time the Law Commission’s project was called “Marriage law”.

47 Ibid, paragraph 16, p5 48 Ibid, paragraphs 19-20, p5 49 Law Commission, Marriage law – outdated and in need of reform, 17 December 2015 [accessed 6 July 2021]

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5.3 Law Commission scoping paper

In December 2015, the Law Commission published Getting Married A Scoping Paper, 50 together with an Executive Summary. 51

The Law Commission concluded that the law governing how and where couples in England and Wales can marry “is badly in need of reform”. 52 It found that there are many people whose needs and wishes are not met by the current law, and that society’s interest in regulating how marriages are solemnized could be better protected. The Commission also concluded that the current law does not provide a coherent framework for enabling people to marry. They found that many groups and individuals felt that the law was unfair and overly restrictive. 53

The Law Commission acknowledged that the prompt for their involvement had been the consultation on whether humanists and other non-religious belief organisations should be able to solemnize marriages. However, it said, while this was important, this was only one of many issues which should be considered and that it would be unfair to privilege non-religious belief organisations over religious groups:

In particular, it would be very difficult to justify why the fewest restrictions should be applied to the newest category…Many other religious groups would welcome the relative lack of legal regulation currently enjoyed by those marrying according to the usages of Jews and Quakers, and would undoubtedly and justifiably resent non-religious belief organisations being accorded that privilege. 54

The Law Commission concluded that it would not be appropriate to legislate solely for non-religious belief organisations, as this would create further anomalies:

What is needed is a new system that seeks to minimise, rather than multiply, differences in the legal treatment of those authorised to conduct weddings. 55

50 Law Commission, Getting Married A Scoping Paper, 17 December 2015 51 Law Commission, Getting Married A Scoping Paper Executive Summary, 17 December 2015 52 Law Commission, Marriage law – outdated and in need of reform, 17 December 2015 [accessed 6 July 2021] 53 Law Commission, Getting Married A Scoping Paper Executive Summary, 17 December 2015, paragraph 1.3 54 Law Commission, Getting Married A Scoping Paper, 17 December 2015, paragraph 3.19 55 Law Commission, Getting Married A Scoping Paper Executive Summary, 17 December 2015, paragraph 1.46

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The Law Commission considered different models for reform and said that its preferred option was for “a new system that provides for greater choice within a simpler legal structure”. 56

With regard to the location of marriage ceremonies, the Law Commission noted the demand for marriages to be conducted in a wider range of locations. 57 It considered that providing for this would allow the location of the wedding to be “both cheap and personal”. 58

The scoping paper did not set out specific proposals for reform. Instead, it included a list of questions, covering each of the stages of getting married, which the Law Commission considered would need to be covered in any review.

5.4 Law Commission project

In the 2018 Budget (29 October 2018) the Government announced that, in connection with promoting greater choice of wedding venues, it had asked the Law Commission to propose options for reform:

England and Wales have outdated laws about how and where couples can marry. The government has asked the Law Commission to propose options for a simpler and fairer system to give modern couples meaningful choice. This will include looking at reducing unnecessary red tape and lowering the cost of wedding venues for couples. 59

On 28 June 2019, the Government announced a Law Commission review of the law governing how and where marriages can take place in England and Wales. 60 The Law Commission’s full terms of reference are available on the Law Commission website. 61

As part of its project, the Law Commission is considering “where weddings should be able to take place, considering for example weddings outdoors, at sea, and on military sites, with a view to removing restrictive regulations”. 62

56 Ibid paragraph 1.44 57 Law Commission, Getting Married A Scoping Paper, 17 December 2015, paragraph 1.28 58 Ibid paragraph 1.32 59 HM Treasury, Budget 2018, HC1629, 29 October 2018, paragraph 5.52, p83 60 Gov.UK, First ever marriage review to free-up dream wedding venues, 28 June 2019 [accessed 6 July 2021] 61 Law Commission, Terms of Reference – Weddings Project, 29 June 2019 62 Law Commission, Weddings, [accessed 6 July 2021]

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5.5 Law Commission consultation

On 3 September 2020, the Law Commission published Getting Married: A Consultation Paper on Weddings Law, 63 together with a summary paper and associated documents. 64

The consultation closed on 4 January 2021. The Law Commission is now analysing the consultation responses and is aiming to publish the final report, with recommendations to Government, at the end of 2021. 65

New scheme proposed The Law Commission provisionally proposes a new scheme which it considers would make the law “simple, fair and certain”. 66

The Law Commission has provided the following general summary of its proposals:

To modernise and improve wedding law, our proposals include changes that would:

• Allow weddings to take place outdoors, for example on beaches, in parks, in private gardens and on the grounds of current wedding venues.

• Allow weddings to take place in a wider variety of buildings (for example in private homes) and on cruise ships.

• Offer couples greater flexibility over the form their wedding ceremonies will take, enabling them, if they desire, to use a variety of ceremonies (religious and non-religious) to mark their weddings.

• Simplify the process and remove unnecessary red tape to make it fair to couples, more efficient, and easier to follow. For example, couples will be able to complete the initial stage of giving notice of their intended wedding online or by post, rather than having to do so in person.

63 Law Commission Consultation Paper No 247, Getting Married: A Consultation Paper on Weddings Law, 3 September 2020 64 Law Commission, Weddings, [accessed 6 July 2021] 65 Ibid 66 Law Commission, Getting married: a summary of the weddings law Consultation Paper, September 2020, p15

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• Provide a framework that could allow non-religious belief organisations (such as Humanists) and/or independent celebrants to conduct legally binding weddings.

• Ensure that fewer weddings conducted according to religious rites result in a marriage that the law does not recognise at all. 67

Regulation based on officiant One of the features of the new scheme is that regulation would be based on the officiant rather than on the building in which the wedding takes place. This would enable weddings to take place at a much greater variety of venues than is currently permitted, including outdoors. The law would prescribe the role and responsibilities of officiants and the categories of people who could act in that role.

The Law Commission’s summary of its proposals includes the following information about where a wedding might take place:

The focus of our proposed scheme on regulating the officiant enables weddings to take place at a much greater variety of venues than is currently permitted. Indeed, under our proposed scheme, and in line with the approach taken in many other jurisdictions, a wedding would be legally permitted to take place anywhere, including outdoors, in a private venue such as a home or on a military site, and on inland, coastal and territorial waters. There would be no requirement for public accessibility or open doors. The form and validity of the marriage would not depend on where the wedding ceremony was held.

There would also be no requirement for the location of a wedding to be pre-approved by the state, eliminating the unnecessary regulation in the current law. The location of a wedding would be subject to the officiant’s consent. To give consent, the officiant would be responsible for considering safety and dignity, with guidance on how to do so from the General Register Office. Additionally, we consider whether there should be an optional scheme for pre-approval; if there were, some venues would already have been determined to be safe and dignified, removing any need for an officiant to make their own assessment of safety and dignity.

Any fee charged by a local authority for a registration officer to determine whether to agree to conduct a wedding in a particular location would be set by the individual local authority on a cost-recovery basis.

67 Law Commission, Weddings, [accessed 6 July 2021]

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Of course, religious and (if enabled by Government to conduct weddings) non-religious organisations would be entitled to insist on their own requirements about where a wedding could take place, such as requiring that a wedding take place in a church, chapel, meeting house, or gurdwara. Nominated officiants would therefore only consent to officiate at a wedding in a place that met the religious or non-religious belief organisation’s own requirements.

We also consider whether civil weddings should be prevented from taking place in religious venues. If non-religious belief weddings are enabled by Government, we also ask whether the law should prevent civil weddings from taking place in non-religious belief venues, non-religious belief weddings from taking place in religious venues, and religious weddings from taking place in non-religious belief venues (bearing in mind that non-religious belief organisations may not have designated meeting places in the same way that many religions do).

Our provisional scheme could also allow civil weddings to take place at sea, in international waters on cruise ships registered in the with a port of choice in England or Wales. We additionally consider whether weddings should also be permitted on other vessels. Weddings in international waters would be officiated at by maritime officiants, or, if enabled by Government, independent officiants who were employed on board the vessel. We also ask whether there is any demand for religious weddings or non-religious belief weddings to take place in international waters, in the presence of a nominated officiant. 68

More detailed information is provided in the Consultation Paper at Chapter 7: “Location”. 69

68 Law Commission, Getting married: a summary of the weddings law Consultation Paper, September 2020, p30 69 Law Commission Consultation Paper No 247, Getting Married: A Consultation Paper on Weddings Law, 3 September 2020, pp205-244

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6 Marriage venues in Scotland

A National Records of Scotland leaflet, , summarises where a marriage may take place in Scotland:

You can be married in either of two ways in Scotland - by a religious or belief ceremony or by a civil ceremony:

• A religious or belief marriage may take place anywhere and may be solemnized only by a minister, clergyman, pastor, priest or other person approved to do so under the Marriage (Scotland) Act 1977.

• A civil marriage may take place in a registration office or at any place agreed between the registration authority and the couple and may be solemnized only by a registrar or an assistant registrar who has been authorised by the Registrar General for that purpose. 70

70 Leaflet RM1, June 2021, p2

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