The Marriage (Authorised Persons) Regulations 2021

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make provision about the authorisation of persons to be present at the solemnization of marriages in certain buildings and chapels registered for the solemnization of marriages under the Marriage Act 1949 (“the Act”). The provision made by these Regulations replaces provision made by the Marriage (Authorised Persons) Regulations 1952 (“the 1952 Regulations”).

Under section 43 of the Act, persons may be authorised to be present at the solemnization of marriages in a building registered for the solemnization of marriages under section 41. Section 43 is also applied by section 70 of the Act, with modifications, in relation to naval, military and air force chapels registered for the solemnization of certain marriages. Authorised persons have functions under the Act in relation to the solemnization and registration of marriages. Section 43 requires the name and address of a person authorised under that section to be certified to the Registrar General and the district’s superintendent registrar within the time, and in the manner, prescribed by regulations. Regulation 2 prescribes the time and manner in which such certification is to be made.

Regulation 3 revokes provisions of the 1952 Regulations. Amendments have also been made to those Regulations by the Registration of Marriages Regulations 2021 (S.I. 2021/411) in connection with amendments made to the Act by those Regulations. As a result of these two sets of amendments, only regulations 1 and 2 of the 1952 Regulations (citation, commencement and interpretation) remain in place, subject to savings made by the Registration of Marriages Regulations 2021. Those remaining provisions are required for the purposes of those savings.

A full impact assessment has not been produced for this instrument because no, or no significant, impact on the private, voluntary or public sector is foreseen.