Marriage (Approved Organisations) Bill [HL] (HL Bill 14)
A
BILL
TO
Amend the law on marriage to permit authorised belief organisations to
solemnise marriages.
B
e it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—
1 Marriages according to the usages of approved organisations
In the Marriage Act 1949, after section 47, insert the following section—
“47A Marriages according to the usages of authorised belief organisations
(1)
An authorised belief organisation may solemnise marriages according
5to its usages provided that no religious service may be used at such
marriages.
(2)
For the purposes of subsection
(1), the British Humanist Association is
an authorised belief organisation.
(3)
The Secretary of State may, by regulations made by statutory
10instrument, authorise further belief organisations for the purposes of
subsection
(1).
(4)
Upon authorisation, a belief organisation shall designate an officer of
the organisation (“the principal officer”) to appoint persons for stated
periods of time to act as registering officers on behalf of the
15organisation, and may impose such conditions as seem to him or her to
be desirable relative to the conduct of marriages by the organisation
and to the safe custody of marriage register books.
(5)
The principal officer shall, within one working day of a person being so
appointed—
(a)
20certify the names and addresses of the persons so appointed to
the Registrar General and to the superintendent registrars of the
registration districts in which the persons live, on a form
supplied for that purpose by the Registrar General (a
“certification form”);
Marriage (Approved Organisations) Bill [HL] Page 2
(b) provide on the certification form—
(i)
the name and address of the authorised belief
organisation in respect of which the person is authorised
under subsection
(1); and
(ii)
5such other information as the Registrar General has
indicated is necessary for the purposes of the
certification and authorisation; and
(c) sign the certification form.
(6)
The appointed person must sign the certification form to indicate their
10consent to being authorised under subsection
(1).
(7)
For the purposes of subsections
(4)
to
(6), “working day” means any day
other than a Saturday, a Sunday, Christmas Day, Good Friday or a day
which is a bank holiday in England and Wales under the Banking and
Financial Dealings Act 1971.
(8)
15A marriage shall not be solemnised according to the usages of an
authorised belief organisation until duplicate marriage register books
have been supplied by the Registrar General under Part IV of this Act
to the registering officers appointed to act on behalf of the organisation.
(9)
If the Registrar General is not satisfied with respect to any registering
20officer of an authorised belief organisation that sufficient security exists
for the safe custody of marriage register books, he or she may suspend
the appointment of that registering officer.
(10)
A marriage to which this section applies shall be solemnised with open
doors in the presence of either—
(a)
25a registrar of the registration district in which the marriage
takes place; or
(b)
a registering officer appointed under subsection
(4) whose
name and address have been certified in accordance with
subsection
(5),
30and of two witnesses; and the persons to be married shall make the
declarations and use the form of words set out in subsection (3) or (3A)
of section 44.
(11)
A marriage solemnised according to the usages of an authorised belief
organisation shall not be valid unless there is produced to the
35superintendent registrar, at the time when notice of marriage is given,
a certificate purporting to be signed by the principal officer or a
registering officer of the said organisation to the effect that at least one
person giving notice of marriage is a member of the organisation and
that the other is either a member of the organisation or authorised to be
40married according to its usages under or in pursuance of a general rule
of the said organisation.
(12)
A certificate under subsection
(11) shall be for all purposes conclusive
evidence that any person to whom it relates is authorised to be married
according to the usages of the relevant authorised belief organisation
45and the entry of the marriage in a marriage register book under Part IV
of this Act, or a certified copy thereof made under Part IV, shall be
conclusive evidence of the production of such a certificate.
(13)
A copy of any general rule of the relevant authorised belief
organisation purporting to be signed by the principal officer for the
Marriage (Approved Organisations) Bill [HL] Page 3
time being of the organisation shall be admitted as evidence of the
general rule in all proceedings touching the validity of any marriage
solemnised according to the usages of the organisation.
(14)
A statutory instrument containing regulations under this section may
5not be made unless a draft of the instrument has been laid before and
approved by a resolution of each House of Parliament.”
2 Consequential amendments
The Marriage Act 1949 shall have effect subject to the amendments specified in
the Schedule to this Act.
3 10Extent, commencement and citation
(1) This Act extends to England and Wales only.
(2)
This Act shall come into force at the end of the period of three months
beginning with the day on which it is passed.
(3)
This Act may be cited as the Marriage (Approved Organisations) Act 2020 and
15together with the Marriage Acts 1949 to 1994, the Marriage (Wales) Acts 1986
to 2010, the Marriage (Same Sex Couples) Act 2013 and the Civil Partnerships,
Marriages and Deaths (Registration
etc) Act 2019 may be cited as the Marriage
Acts 1949 to 2020.
Marriage (Approved Organisations) Bill [HL] Page 4
SCHEDULE
Section 2
Consequential amendments to the Marriage Act 1949
(1) The Marriage Act 1949 is amended as follows.
(2)
In section 26 (marriage of a man and a woman; marriage of same sex couples
5for which no opt-in necessary)—
(a) after subsection (1)(c), insert—
“(cc)
a marriage of any couple according to the usages of an
authorised belief organisation;”
(b) in subsection (2)(a) after “subsection (1)(c)” insert “, (cc)”.
(3)
10In section 35 (marriages in registration district in which neither party
resides) in subsection (4) after “the Society of Friends” insert “or of an
authorised belief organisation”.
(4)
In section 43 (appointment of authorised persons) in subsection (3) after “the
Society of Friends” insert “or of an authorised belief organisation”.
(5)
15In section 43B (buildings registered under section 43A: appointment of
authorised persons) in subsection (8) after “the Society of Friends” insert “or
of an authorised belief organisation”.
(6)
In section 44D (sections 44A to 44C: supplementary provision), after
subsection (4)(a), insert —
“(aa)
20marriages of same sex couples according to the usages of an
authorised belief organisation, and”
(7)
In section 50 (person to whom certificate to be delivered), after subsection
(1)(d), insert—
“(dd)
if the marriage is to be solemnised according to the usages of
25an authorised belief organisation, a registering officer of the
said organisation”
(8)
In section 53 (persons by whom marriages are to be registered), after
paragraph (b) insert—
“(bb)
in the case of a marriage solemnised according to the usages
30of an authorised belief organisation, by a registering officer of
the said organisation;”
(9)
In section 54 (provision of marriage register books by Registrar General), in
subsection (1) after “the Society of Friends,” insert “registering officer of an
authorised belief organisation”.
(10) 35In section 55 (manner of registration of marriages)—
(a)
in subsection (1) after “the Society of Friends” insert “or of an
authorised belief organisation”; and
Marriage (Approved Organisations) Bill [HL] Page 5
(b)
in subsection (1)(b) after “the Society of Friends” insert “or an
authorised belief organisation” and after “the said Society” insert “or
the said organisation”.
(11)
In section 57 (quarterly returns to be made to superintendent registrar), in
5subsection (1) after “the Society of Friends” insert “or of an authorised belief
organisation”.
(12)
In section 59 (custody of register books) after “the Society of Friends” insert
“or of an authorised belief organisation”.
(13) In section 60 (filled register books)—
(a)
10in subsection (1)(b), after “registering officer of the Society of
Friends” insert “or of an authorised belief organisation”;
(b)
after the words “members of the Society of Friends” insert “or of an
authorised belief organisation”, and after the words “the said
Society” insert “or the said organisation”.
(14)
15In section 63 (searches in register books) after the words “the Society of
Friends” insert “or of an authorised belief organisation”.
(15)
In section 67 (interpretation of Part IV), in the definition of “superintendent
registrar” after paragraph (b) insert—
“(bb)
in the case of a marriage registered by a registering officer of
20an authorised belief organisation, the superintendent
registrar of the registration district which is assigned by the
Registrar General to that registering officer;”
(16) In section 75 (offences relating to solemnisation of marriages)—
(a)
in subsection (1)(a), after “the Society of Friends” insert “or of an
25authorised belief organisation”;
(b)
in subsection (2)(a), after “the Society of Friends” insert “or of an
authorised belief organisation”.
(17) In section 78 (interpretation), in subsection (1) insert the following—
-
““authorised belief organisation” means a belief organisation
30that has been authorised by section 47A(2) or under section
47A(3) of this Act to perform marriages according to its
usages;
-
“belief organisation” means an organisation whose principal or
sole purpose is the advancement of a system of non-religious
35beliefs which relate to morality or ethics, and which meets
regularly for that purpose;
-
“British Humanist Association” means the British Humanist
Association, a company limited by guarantee and registered
charity No 285987;”
-
40“registering officer of an authorised belief organisation” means
a person whom the principal officer of an authorised belief
organisation certifies in writing under his or her hand to the
Registrar General to be a registering officer in England or
Wales of the said organisation;”