Marriage (Same Sex Couples) Act 2013

2 E+W After section 43 insert—

“43A Registration of buildings: marriage of same sex couples

(1) A building that has been certified as required by law as a place of religious worship may be registered under this section for the solemnization of marriages of same sex couples.

(2) Any application for registration of a building under this section is to be made—

(a) by a proprietor or trustee of the building;

(b) to the superintendent registrar of the registration district in which the building is situated.

(3) An application for registration of a building under this section must be accompanied by—

(a) a certificate, given by the applicant and dated not earlier than one month before the making of the application, that the persons who are the relevant governing authority in relation to the building have given written consent to marriages of same sex couples as mentioned in section 26A(3),

(b) a copy of that consent, and

(c) if the building is not already registered under section 41, a certificate of use for religious worship.

(4) The superintendent registrar must send to the Registrar General—

(a) the certificate or certificates, and

(b) the copy of the consent,

which accompany an application under this section.

(5) The Registrar General must then register the building.

(6) A building may be registered for the solemnization of marriages under this section whether it is a separate building or forms part of another building.

(7) In this section, in relation to an application under this section, “certificate of use for religious worship” means a certificate given by at least twenty householders and dated not earlier than one month before the making of the application, stating that they—

(a) use the building as their usual place of public religious worship, and

(b) wish the building to be registered under this section.

43B Buildings registered under section 43A: appointment of authorised persons

(1) For the purpose of enabling marriages to be solemnized in a building registered under section 43A without the presence of a registrar, the trustees or governing body of that building may authorise a person to be present at the solemnization of marriages in that building.

(2) Where a person is so authorised in respect of any building registered under section 43A, the trustees or governing body of that building must certify the name and address of the person so authorised to—

(a) the Registrar General, and

(b) the superintendent registrar of the registration district in which the building is situated.

(3) The power conferred by this section may only be exercised after the end of the relevant one year period (and, if that period has ended before the date of the registration under section 43A, the power may accordingly be exercised immediately).

(4) The relevant one year period is the period of one year beginning with the date of the registration of the building under section 43A (the “new registration”).

(5) But if—

(a) there is any earlier registration of the building under section 41 which is still in force at the date of the new registration, or

(b) there has been any earlier qualifying registration of a previous building,

the relevant one year period is the period of one year beginning with the date of that registration (or the earlier of those dates).

(6) For that purpose there is a qualifying registration of a previous building if—

(a) the congregation on whose behalf the new registration is made previously used another building for the purpose of public religious worship,

(b) that building was registered under section 41 or 43A, and

(c) that registration was cancelled not more than one month before the date of the new registration.

(7) A reference in this section to the solemnization of marriage is a reference to the solemnization of marriage of a same sex couple.

(8) Nothing in this section is to be taken to relate or have any reference to marriages solemnized according to the usages of the Society of Friends or of persons professing the Jewish religion.

43C Cancellation of registration under section 43A

(1) The registration of a building under section 43A may be cancelled under this section.

(2) Any application under this section is to be made—

(a) by a proprietor or trustee of the building;

(b) to the superintendent registrar of the registration district in which the building is situated.

(3) The superintendent registrar must forward any application under this section to the Registrar General; and the Registrar General must then cancel the registration of the building.

(4) This section is subject (in particular) to sections 44A to 44C (registration of shared buildings for marriage of same sex couples) and regulations made under any of those sections.

43D Regulations about sections 41 and 43 and 43A to 43C

(1) The Secretary of State may by statutory instrument make regulations about the procedures to be followed and the fees payable—

(a) on registration applications;

(b) in relation to section 43B authorisations;

(c) on cancellation applications.

(2) The Secretary of State may by statutory instrument make—

(a) regulations modifying the application of section 41 or 43 in relation to buildings that are already registered under section 43A;

(b) regulations about cases where a person makes applications under sections 41 and 43A, or gives or certifies authorisations under sections 43 and 43B, in respect of the same building at the same time (including provision modifying any requirement imposed by any of those sections or by regulations under subsection (1) of this section).

(3) A statutory instrument containing regulations made under this section is subject to annulment in pursuance of a resolution of either House of Parliament.

(4) In this section—

• “cancellation application” means an application under section 43C for the cancellation of the registration of a building;

• “registration application” means an application under section 43A for the registration of a building;

• “section 43B authorisation” means the authorisation of a person under section 43B to be present at the solemnization of marriages in a building registered under section 43A.”.

Commencement Information

I1 Sch. 1 para. 2 in force at 31.10.2013 for specified purposes by S.I. 2013/2789, art. 2(a)

I2 Sch. 1 para. 2 in force at 13.3.2014 in so far as not already in force by S.I. 2014/93, art. 3(g)