The Marriage of Same Sex Couples (Registration of Buildings and Appointment of Authorised Persons) Regulations 2014

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations set out the procedures for the registration of buildings for marriages of same sex couples, under section 43A of the Marriage Act 1949 (c. 76) (“the Act”), and the appointment of authorised persons who may register such marriages without the presence of a registrar, under section 43B of the Act. The Regulations also set out the procedure for the registration of buildings to be cancelled under section 43C of the Act. Additional requirements may be imposed, in relation to buildings that are shared by more than one religious organisation, by sections 44A-C of the Act and regulations made under those provisions.

Section 2(1) and (3) of the Marriage (Same Sex Couples) Act 2013 (c. 30)) confirm that no person may be compelled by any means (including by the enforcement of a contract or a statutory or other legal requirement) to apply for the registration of a building under s43A (or to cancel that registration); to authorise a person; or to be authorised to be present at the solemnization of marriages of same sex couples.

Regulation 4 sets out how applications for registration of buildings are to be made, supplementing the requirements of section 43A of the Act. Regulation 4(2)(d)(i) and (ii) set out the fees for applications to register buildings. The fee at regulation 4(2)(d)(ii) mirrors that for an application under section 41 of the Act (registration of buildings for marriages between a man and a woman). A lesser fee applies (regulation 4(2)(d)(i)) if the building is already registered under section 41, because in that case the registration under section 43A does not need to be advertised (see regulation 5(2)(c)).

Regulation 5 explains the procedure to be followed by the Registrar General and superintendent registrar on registration of a building.

Regulation 6 (read with section 43B of the Act) makes provision for the appointment of authorised persons to be present at the solemnization of marriages of same sex couples, without the presence of a registrar, in a building registered under section 43A of the Act. The duties of authorised persons and the procedures to be followed when a person ceases to be authorised (which apply whether those persons are authorised for marriages between a man and a woman, or for marriages of same sex couples), are set out in the Marriage (Authorised Persons) Regulations 1952 (S.I. 1952/1869).

Regulation 7 sets out the procedure to be followed on an application for cancellation of the registration of a building, and should be read with section 43C of the Act.

Regulation 8 explains the procedure to be followed by the Registrar General and superintendent registrar when the registration of a building is cancelled.

Regulation 9 modifies the application of section 41 of the Act if an application is made under that section to register a building that is already registered for the marriage of same sex couples under section 43A. The requirement under section 41(2) for the applicant to submit a certificate, signed by 20 householders, stating that the building is being used by them as their usual place of public religious worship and that they desire the building to be registered (a “certificate of use for religious worship”), does not apply because such a certificate will already have been supplied with the application for registration under section 43A. (Equivalent provision is made at section 43A(3)(c) of the Act, for an application under section 43A in respect of a building already registered under section 41). Regulation 9(4)(b) disapplies section 41(5)(c) of the Act (requirement to give public notice of the registration) because the registration under section 43A will already have been publicised (see regulation 5(2)(c)). Regulation 9(5) reduces the usual fee for an application under section 41, to reflect the fact that no publication costs will be incurred.

Regulation 10 modifies the procedure to be followed where a proprietor or trustee makes an application for registration of a building under sections 41 and 43A at the same time. In that case, the applicant need submit only one certificate of use for religious worship, and pay only the fee for registration of a building under section 41(6).

A full regulatory impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.