The Marriages and Civil Partnerships (Approved Premises) (Amendment) Regulations 2022

Statutory Instruments

2022 No. 295

Registration Of Births, Deaths & Marriages, Etc., England And Wales

Civil Partnership, England And Wales

The Marriages and Civil Partnerships (Approved Premises) (Amendment) Regulations 2022

Made

10th March 2022

Laid before Parliament

15th March 2022

Coming into force

6th April 2022

The Secretary of State, in exercise of the powers conferred by sections 46A(1), (2) and (4) and 46B(2) of the Marriage Act 1949(1), and sections 6A and 258 of the Civil Partnership Act 2004(2), makes the following Regulations.

PART 1 Introductory

Citation, commencement and extent

1.—(1) These Regulations may be cited as the Marriages and Civil Partnerships (Approved Premises) (Amendment) Regulations 2022 and come into force on 6th April 2022.

(2) These Regulations extend to England and Wales.

Interpretation

2.  In these Regulations—

“the 2005 Regulations” means the Marriages and Civil Partnerships (Approved Premises) Regulations 2005(3);

“approval” has the same meaning as in the 2005 Regulations;

“relevant date” means the date on which these Regulations come into force; and

“Temporarily Amended 2005 Regulations” means the 2005 Regulations as amended by the Marriages and Civil Partnerships (Approved Premises) (Amendment) Regulations 2021(4) immediately before these Regulations come into force.

PART 2 Amendment of secondary legislation

Amendments to the 2005 Regulations

3.—(1) The 2005 Regulations are amended as follows.

(2) In regulation 2(1) (interpretation)—

(a) after the definition of “authority” insert—

““built premises” means a permanently immovable structure comprising at least a room, or any boat or other vessel which is permanently moored;”;

(b) after the definition of “holder of an approval” insert—

““linked outdoor areas” means any areas within the boundary of the land of which the built premises form part, which are not built premises and which may be used in common with the built premises;”;

(c) in the definition of “premises”, for the words from “a permanently immovable” to the end substitute “built premises together with linked outdoor areas;”;

(d) for the definition of “religious premises” substitute—

““religious premises” means premises where the built premises—

(a)

are used solely or mainly for religious purposes, or

(b)

have been so used and have not subsequently been used solely or mainly for other purposes;”;

(e) in the definition of “shared building”, after “religious premises” insert “where the built premises are”.

(3) In regulation 5 (grant or refusal of approval)—

(a) in paragraph (1A)(b), after “religious premises” insert “where the built premises are”;

(b) in paragraph (1B), for “Religious premises” substitute “In relation to religious premises, the built premises”;

(c) in paragraph (4), for “or Schedule 2A” substitute “, Schedule 2A, Schedule 2B or Schedule 2C”;

(d) in paragraph (5), for “or Schedule 2A” substitute “, Schedule 2A, Schedule 2B or Schedule 2C”.

(4) In regulation 6 (conditions)—

(a) in paragraph (1)(a), after “Schedule 2” insert “and Schedule 2B”;

(b) in paragraph (1)(aa), after “Schedule 2A” insert and “Schedule 2C”.

(5) In regulation 9 (reviews)—

(a) in paragraph (1), for “or Schedule 2A” substitute “, Schedule 2A, Schedule 2B or Schedule 2C”;

(b) in paragraph (2)(b), for “or Schedule 2A” substitute “, Schedule 2A, Schedule 2B or Schedule 2C”.

(6) In Schedule 1 (requirements for the grant of approval of premises that are not religious premises)—

(a) in paragraph 1, after “repair, the” insert “built”;

(b) in paragraph 2, after “The”, in the first place it occurs, insert “built”;

(c) in paragraph 3—

(i) after “The”, in the first place it occurs, insert “built”;

(ii) after “visiting the” insert “built”;

(d) in paragraph 4(b)—

(i) at the beginning, insert “premises where the built premises are”;

(ii) for “in which” substitute “where”;

(iii) after “is situated” insert “in the built premises”;

(e) in paragraph 5—

(i) after “to take place” insert “in the built premises”;

(ii) after “part of the” insert “built”.

(7) In Schedule 1A (requirements for the grant of approval of religious premises)—

(a) in paragraph 1, after “repair, the” insert “built”;

(b) in paragraph 2, after “applies, the” insert “built”;

(c) in paragraph 3—

(i) after “The”, in the first place it occurs, insert “built”;

(ii) after “visiting the” insert “built”;

(d) in paragraph 4—

(i) after “to take place” insert “in the built premises”;

(ii) after “part of the” insert “built”.

(8) In Schedule 2 (conditions to be attached to grants of approval of premises that are not religious premises)—

(a) in paragraph 1, for “these conditions” in both places where it appears, substitute “the conditions attached to the approval”;

(b) in paragraph 6—

(i) at the beginning, insert “For the purposes of proceedings held in the built premises,”;

(ii) after “entrance to the” insert “built”;

(c) at the beginning of paragraph 7(1), insert “For the purposes of proceedings held in the built premises,”;

(d) in paragraph 8, after “All proceedings” insert “held in the built premises”;

(e) in paragraph 9—

(i) at the beginning, insert “For the purposes of proceedings held in the built premises,”;

(ii) after “activity on the” insert “built”;

(f) in paragraph 10, for the words from “district, or” to the end, substitute “district in which the approved premises are situated, or authority, as the case may be.”.

(9) In Schedule 2A (conditions to be attached to grants of approval of religious premises)—

(a) in paragraph 1, for “these conditions”, in both places it appears, substitute “the conditions attached to the approval”;

(b) in paragraph 10—

(i) at the beginning, insert “For the purposes of proceedings held in the built premises,”;

(ii) after “entrance to the” insert “built”;

(c) in paragraph 11(1), at the beginning, insert “For the purposes of proceedings held in the built premises,”;

(d) in paragraph 12—

(i) for “The” in the first place it occurs, substitute “All”;

(ii) after “proceedings” insert “held in the built premises”;

(e) in paragraph 13—

(i) at the beginning, insert “For the purposes of proceedings held in the built premises,”;

(ii) after “activity on the” insert “built”.

(10) After Schedule 2A, insert new Schedule 2B, which is set out in Schedule 1 to these Regulations.

(11) After Schedule 2B, insert new Schedule 2C, which is set out in Schedule 2 to these Regulations.

PART 3 Transitional and other ancillary provision

Church of England: faculty jurisdiction

4.—(1) In relation to a church or chapel of the Church of England, nothing in these Regulations is intended to oust the faculty jurisdiction.

(2) In this regulation, a church or chapel of the Church of England includes—

(a) a church or chapel to which a sharing agreement relates (whether or not it is in the sole ownership of the Church of England);

(b) a church or chapel which is a shared building;

(c) a cathedral church.

Applications or requests received before 1st July 2021

5.—(1) This regulation applies to any application or request, which was received by an authority before 1st July 2021 and has yet to be determined and has not been withdrawn on the relevant date, that was for—

(a) an approval under the 2005 Regulations;

(b) a renewal of an approval under the 2005 Regulations;

(c) a review of a decision under regulation 9(1) or 9(2) of the 2005 Regulations;

(d) modification by a holder of an approval of religious premises under regulation 17(3) of the 2005 Regulations; or

(e) a review of a decision under regulation 17(8) of the 2005 Regulations;

and such an application or request is referred to in this regulation as a “pre-July 2021 application”.

(2) Subject to paragraph (3), a pre-July 2021 application is to be treated on and after the relevant date as an application or request made under the 2005 Regulations as amended by these Regulations.

(3) For the purposes of a pre-July 2021 application, a reference to “premises” in the following provisions of the 2005 Regulations—

(a) regulation 3(2)(b);

(b) regulation 3A(2)(b);

(c) paragraph 4(a) of Schedule 2, in the first place it occurs;

(d) paragraph 4(a) of Schedule 2A, in the first place it occurs;

is to be read on and after the relevant date as if it were a reference to “built premises”.

Approvals granted before 1st July 2021

6.—(1) This regulation applies to any approval—

(a) granted under the 2005 Regulations before 1st July 2021 which has not expired before the relevant date; or

(b) granted under the 2005 Regulations before 1st July 2021 that is reinstated on or after the relevant date in accordance with regulation 7(6) of the 2005 Regulations.

(2) The approval is to have effect on and after the relevant date as if it were granted under the 2005 Regulations as amended by these Regulations in respect of both the built premises and the linked outdoor areas.

(3) Subject to paragraph (5), on and after the relevant date, the approval in respect of premises that are not religious premises is to be treated as if only the following conditions were attached—

(a) the standard conditions contained in Schedule 2 to the 2005 Regulations—

(i) as amended by regulation 3(8) of these Regulations;

(ii) reading paragraph 4(a) of that Schedule as though the reference to “premises”, in the first place it occurs, was a reference to “built premises”;

(b) the standard conditions contained in Schedule 2B to the 2005 Regulations as inserted by these Regulations.

(4) Subject to paragraph (5), on and after the relevant date, the approval in respect of religious premises is to be treated as if only the following conditions were attached—

(a) the standard conditions contained in Schedule 2A to the 2005 Regulations—

(i) as amended by regulation 3(9) of these Regulations;

(ii) reading paragraph 4(a) of that Schedule as though the reference to “premises”, in the first place it occurs, was a reference to “built premises”;

(b) the standard conditions contained in Schedule 2C to the 2005 Regulations as inserted by these Regulations.

(5) Any condition attached before 1st July 2021 to the approval by an authority by virtue of regulation 6(1)(b) of the 2005 Regulations continues to apply in respect of the built premises only.

Approvals granted on or after 1st July 2021 to applications made before 1st July 2021

7.—(1) This regulation applies to any approval granted under the Temporarily Amended 2005 Regulations in respect of an application made before 1st July 2021.

(2) Subject to paragraph (3) the approval is to have effect on and after the relevant date as if it were granted under the 2005 Regulations as amended by these Regulations in respect of both the built premises and the linked outdoor areas.

(3) For the purposes of an approval to which this regulation applies, a reference to “premises” in the following provisions of the 2005 Regulations—

(a) paragraph 4(a) of Schedule 2, in the first place it occurs;

(b) paragraph 4(a) of Schedule 2A, in the first place it occurs;

is to be read on and after the relevant date as if it were a reference to “built premises”.

Applications or requests received on or after 1st July 2021

8.—(1) This regulation applies to any application or request, which has been received by an authority on or after 1st July 2021, and has yet to be determined and has not been withdrawn on the relevant date, that was for—

(a) an approval under the Temporarily Amended 2005 Regulations;

(b) a renewal of an approval under the Temporarily Amended 2005 Regulations;

(c) a review of a decision under regulation 9(1) of the Temporarily Amended 2005 Regulations;

(d) modification by a holder of an approval of religious premises under regulation 17(3) of the Temporarily Amended 2005 Regulations; or

(e) a review of a decision under regulation 17(8) of the Temporarily Amended 2005 Regulations.

(2) An application or request to which paragraph (1) applies is to be treated on and after the relevant date as an application made under the 2005 Regulations as amended by these Regulations.

Approvals granted to applications made on or after 1st July 2021

9.—(1) This regulation applies to any approval granted under the Temporarily Amended 2005 Regulations in respect of an application made on or after 1st July 2021.

(2) The approval is to have effect on and after the relevant date as if it were granted under the 2005 Regulations as amended by these Regulations in respect of both the built premises and the linked outdoor areas.

(3) This regulation is without prejudice to—

(a) any action that an authority is taking or may take under regulations 8(1) and (2) of the Temporarily Amended 2005 Regulations;

(b) any action that an authority is taking or may take under regulations 8A(1) and (6) of the Temporarily Amended 2005 Regulations;

(c) any action that the Registrar General is taking or may direct an authority to take under regulations 8(6) and (7) of the Temporarily Amended 2005 Regulations.

Tom Pursglove

Parliamentary Under Secretary of State

Ministry of Justice

10th March 2022

Regulation 3(10)

SCHEDULE 1

Regulation 6(1)(a)

“SCHEDULE 2B

CONDITIONS TO BE ATTACHED TO GRANTS OF APPROVAL OF PREMISES WHICH ARE NOT RELIGIOUS PREMISES RELATING TO PROCEEDINGS HELD IN LINKED OUTDOOR AREAS

1.   For the purposes of proceedings held in the linked outdoor areas, prior confirmation must be secured from the superintendent registrar of the district in which the approved premises are situated, or the authority, as the case may be, that in their opinion, having regard to the primary use, situation, construction and state of repair, the proceedings will take place in a seemly and dignified location within the linked outdoor areas.

2.   The location within the linked outdoor areas at which the proceedings take place must be identifiable by directions which are capable of being stated in a notice under paragraph 4 to enable the public to access the location.

3.— (1) For the purposes of proceedings held within the linked outdoor areas, save as provided below, no food or drink may be sold to or permitted to be consumed by persons attending the proceedings—

(a) when gathering for the purposes of the proceedings; or

(b) during the proceedings.

(2) Non-alcoholic drinks may be permitted to be consumed prior to the proceedings.

4.   For the purposes of proceedings held within the linked outdoor areas, a suitable notice stating—

(a) that the premises have been approved for the proceedings;

(b) the description of the location within the linked outdoor areas at which the proceedings are to take place;

(c) directions to the location within the linked outdoor areas at which the proceedings are to take place;

must be displayed at each public entrance to the premises and the built premises for one hour prior to and throughout the proceedings.”

Regulation 3(11)

SCHEDULE 2

Regulation 6(1)(aa)

“SCHEDULE 2C

CONDITIONS TO BE ATTACHED TO GRANTS OF APPROVAL OF RELIGIOUS PREMISES RELATING TO PROCEEDINGS HELD IN LINKED OUTDOOR AREAS

1.   For the purposes of proceedings held in the linked outdoor areas, prior confirmation must be secured from the authority that in their opinion, having regard to the primary use, situation, construction and state of repair, the proceedings will take place in a seemly and dignified location within the linked outdoor areas.

2.   The location within the linked outdoor areas at which the proceedings take place must be identifiable by directions which are capable of being stated in a notice under paragraph 4 to enable the public to access the location.

3.— (1) For the purposes of proceedings held in the linked outdoor areas, save as provided below, no food or drink may be sold to or permitted to be consumed by, persons attending the proceedings—

(a) when gathering for the purposes of the proceedings; or

(b) during the proceedings.

(2) These are the exceptions to the prohibition above—

(a) the consumption of food or drink as a part of any religious ceremony that takes place prior to the proceedings;

(b) the consumption of non-alcoholic drinks prior to the proceedings.

4.   For the purposes of proceedings held in the linked outdoor areas, a suitable notice stating—

(a) that the premises have been approved for the proceedings;

(b) the description of the location within the linked outdoor areas at which the proceedings are to take place; and

(c) directions to the location within the linked outdoor areas at which the proceedings are to take place;

must be displayed at each public entrance to the premises and the built premises for one hour prior to and throughout the proceedings.”

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.

These Regulations introduce amendments similar to temporary changes introduced by the Marriages and Civil Partnerships (Approved Premises) (Amendment) Regulations 2021 (S.I. 2021/775) which came into force on 1st July 2021 and expire at the end of 5th April 2022 (the “2021 Regulations”).

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 built premises and which may be used in common with the built premises”. Prior to the amendments made by these Regulations (and temporarily by the 2021 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 given 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 attached to approvals in addition to the conditions in Schedule 2 or 2A (as the case may be). Regulation 3(5) makes amendments to regulation 9 of the 2005 Regulations to clarify that a review may not be requested of a decision to attach to an approval the conditions in Schedule 2B or 2C.

Regulations 3(6) and 3(7) make amendments to Schedules 1 and 1A to the 2005 Regulations respectively. They provide that the requirements of those Schedules continue to apply to the built premises only. Regulations 3(8) and 3(9) make amendments to Schedule 2 and 2A to the 2005 Regulations respectively. They clarify which aspects of those Schedules apply to the built premises only.

Regulation 3(10) 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(11) 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.

Regulations 5 to 9 make transitional provision. Regulations 5 and 6 provide that applications and requests submitted prior to 1st July 2021, and approvals granted prior to that date, have effect as if they were made or granted under the 2005 Regulations as amended by these Regulations subject to certain exceptions. Regulation 7 provides that approvals granted on or after 1st July 2021 in respect of applications made before 1st July 2021 have effect as if granted under the 2005 Regulations as amended by these Regulations subject to certain exceptions. Regulations 8 and 9 provide that applications and requests submitted on or after 1st July 2021, and approvals granted on or after 1st July 2021, have effect as if made or granted under the 2005 Regulations as amended by these Regulations.

A full impact assessment of the effect that this instrument will have on the costs of business, the voluntary sector and the public sector is available from the Ministry of Justice, 102 Petty France, London, SW1H 9AJ and is published with an Explanatory Memorandum alongside the instrument on www.legislation.gov.uk .

(1)

1949 c. 76; sections 46A and 46B(2) were inserted by section 1(2) of the Marriage Act 1994 (c. 34) and amended by S.I. 2008/678. Functions previously conferred on the Chancellor of the Exchequer in section 46A(1) were transferred to the Secretary of State by article 3(1) of, and paragraph 5 of Schedule 1 to, S.I. 2008/678.

(2)

2004 c. 33; section 6A was inserted by article 3 of, and paragraph 3 of the Schedule to, S.I. 2005/2000 and was amended by section 202 of the Equality Act 2010 (c. 15). Functions previously conferred on the Chancellor of the Exchequer in subsection (1) were transferred to the Secretary of State by article 3(1) of, and paragraph 14(a) of Schedule 1 to, S.I. 2008/678.

(3)

S.I. 2005/3168, amended by S.I. 2011/2661, 2013/2294, 2019/1458 and 2021/411. S.I. 2021/775 also made time-limited amendments which expire on 5th April 2022.

(4)

S.I. 2021/775.