The Marriages and Civil Partnerships (Approved Premises) (Amendment) Regulations 2021

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Marriages and Civil Partnerships (Approved Premises) Regulations 2005 (S.I. 2005/3168) (the “2005 Regulations”), which make provision for the approval of premises for the solemnization of civil marriages and the formation of civil partnerships (“proceedings”). The amendments made by these Regulations will enable proceedings to take place in outdoor areas in the grounds of premises which have been approved under the 2005 Regulations. The amendments made by these Regulations are time limited and will expire at the end of 5th April 2022 (regulation 5).

Regulation 3(2) makes amendments to certain definitions in the 2005 Regulations. The definition of “premises” is amended to include the “built premises” together with “linked outdoor areas”. Built premises are defined as “a permanently immovable structure comprising at least a room, or any boat or other vessel which is permanently moored” and linked outdoor areas are defined as “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”. An area is indoors if it is enclosed, or substantially enclosed. Prior to the amendments made by these Regulations, the definition of premises comprised built premises only. Amendments are made to the definitions of “religious premises” and “shared buildings” to clarify that only the built premises must meet the defining criteria. The effect of these changes is that an application for approval made under regulations 3, 3A or 3B of the 2005 Regulations (as the case may be) will be made in respect of both the built premises and linked outdoor areas, and a grant or refusal of an approval by an authority will be granted in respect of both the built premises and linked outdoor areas.

Regulation 3(3) makes amendments to regulation 5 of the 2005 Regulations. It amends the condition for approval of a religious premises by an authority such that the requirement to be a building of the type listed in regulation 5(1B) of the 2005 Regulations applies to the built premises only.

Regulation 3(4) makes amendments to regulation 6 of the 2005 Regulations. It provides that the conditions in Schedule 2B or 2C (as the case may be) must be applied to approvals in addition to the conditions in Schedule 2 or 2A (as the case may be). Regulations 3(5) and 3(6) make amendments to Schedules 1 and 1A of the 2005 Regulations respectively. They provide that the requirements of those schedules continue to apply to the built premises only. Regulations 3(7) and 3(8) make amendments to Schedule 2 and 2A of the 2005 Regulations respectively. They clarify which aspects of those schedules apply to the built premises only.

Regulation 3(9) inserts a new Schedule 2B of standard conditions to be attached to grants of approval of premises which are not religious premises relating to proceedings held in linked outdoor areas. Regulation 3(10) inserts a new Schedule 2C of standard conditions to be attached to grants of approval of religious premises relating to proceedings held in linked outdoor areas.

Regulation 4 clarifies that nothing in these Regulations is intended to oust the faculty jurisdiction of the Church of England. Regulation 5 makes provision in relation to the expiry of these Regulations at the end of 5th April 2022. Regulation 6 contains transitional provision.

A full impact assessment has not been prepared for this instrument as it makes provision which is to have effect for a period of less than 12 months.