The Church in Wales
Section 8 – Power to allow for marriage of same sex couples in Church in Wales
53.Section 8 sets out a procedure by which the Church in Wales can choose to allow marriages of same sex couples to take place according to its rites. Should the Governing Body of the Church in Wales resolve that the law should be changed to enable this to happen, it may request that the Lord Chancellor make an order to enable it to do so. Having received such a request, the Lord Chancellor must make an order enabling this to be achieved. In making the order, the Lord Chancellor must have regard to the terms of that resolution, and the order can amend England and Wales legislation (e.g. the Marriage Act) if necessary.
54.The Church in Wales is in broadly the same position as the Church of England as regards marriage law despite the disestablishment of the Church in Wales by virtue of the Welsh Church Act 1914. However, this disestablishment means that the Church in Wales is not itself able to put legislation before Parliament (unlike the Church of England). The power in this section is therefore required so that the law can be changed to allow the Church in Wales to marry same sex couples (if it were to resolve to allow this) without the need for primary legislation. An order under this section is subject to the affirmative procedure.
Example
The Governing Body of the Church in Wales resolves to allow the marriage of same sex couples according to its rites but also to allow individual members of the clergy to refuse to take part in such marriages, and requests the Lord Chancellor to make an order to allow this. The Lord Chancellor holds discussions with the Church in Wales to work out the details of the necessary amendments and sets them out in an order to be laid before Parliament.
