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Enable persons to be married in a place of worship in a parish in the Church in |
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Wales with which they have a qualifying connection; and for connected |
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Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and |
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consent of the Lords Spiritual and Temporal, and Commons, in this present |
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Parliament assembled, and by the authority of the same, as follows:— |
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1 | Application of this Act |
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(1) | This Act applies only to parishes in the area subject to the Welsh Church Act |
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1914 and accordingly any reference to “a parish” is to a parish within that area. |
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(2) | In subsection (1), “the area subject to the Welsh Church Act 1914” means the |
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area in which the Church of England was disestablished by that Act. |
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2 | Marriages solemnized in churches, etc. in parishes with which a party has a |
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(1) | A person intending to be married shall have the like, but no greater, right to |
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have the marriage solemnized in a parish church of a parish with which he or |
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she has a connection specified in subsection (3) (in this Act referred to as a |
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“qualifying connection”) as that person has to have the marriage solemnized in |
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the parish church of the parish in which he or she resides or which is his or her |
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(2) | Where a church or other building is licensed for the solemnisation of marriages |
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under section 21(1) of the 1949 Act this section shall apply to such church or |
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other building, while the designation is in force, as it applies to a parish church. |
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(3) | For the purposes of this section a person has a qualifying connection with a |
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parish in which the marriage is to be solemnized if— |
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(a) | that person was baptised in that parish (unless the baptism took place |
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in a combined rite which included baptism and confirmation) or is a |
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person whose confirmation has been entered in the register book of |
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confirmation for any church or chapel in that parish; |
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(b) | that person has at any time had his or her usual place of residence in |
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that parish for a period of not less than six months; |
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(c) | that person has at any time habitually attended public worship in that |
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parish for a period of not less than six months; |
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(d) | a parent of that person has during the lifetime of that person had his or |
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her usual place of residence in that parish for a period of not less than |
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six months or habitually attended public worship in that parish for that |
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(e) | a parent or grandparent of that person has been married in that parish. |
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(4) | For the purpose of subsection (3)(d) or (e) “parent” includes an adoptive parent |
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and any other person who has undertaken the care and upbringing of the |
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person seeking to establish a qualifying connection and “grandparent” shall be |
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(5) | A person who has the right to have a marriage solemnized in accordance with |
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subsection (1) shall have the like right to have the banns of that marriage |
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published in the parish church where the marriage is to be solemnized. |
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(6) | The right to have banns published conferred by subsection (5) is additional to |
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and not in substitution for the requirements of section 6 of the 1949 Act for |
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banns to be published in the parish church of the parish where the parties to |
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the marriage reside or of each parish in which one of them resides. |
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(7) | Where a marriage is intended to be solemnized in accordance with subsection |
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(1) following the publication of banns by virtue of subsection (5) subsections |
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11(2) and (4) of the 1949 Act shall apply as those subsections apply to a |
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marriage of which the banns have been published in a parish or district in |
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which neither of the persons to be married resides by virtue of section 6(4) of |
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(8) | Subject to subsection (9), a person who wishes to have his or her marriage |
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solemnized in accordance with subsection (1) shall provide such information, |
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written or otherwise, as the minister of the parish in which the marriage is to |
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be solemnized may require in order to satisfy himself or herself that that |
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person has a qualifying connection, and— |
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(a) | section 8 of the 1949 Act shall apply as if the reference in that section to |
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a clergyman were a reference to the minister; and |
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(b) | the minister shall be under a duty, when considering whether any |
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information provided to him or her is sufficient to satisfy himself or |
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herself under this subsection that the person wishing to have the |
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marriage solemnized has a qualifying connection, to have regard to any |
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guidance issued under section 4. |
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(9) | If the minister considers that it is necessary to do so, in order to satisfy himself |
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or herself that a person has a qualifying connection, he or she may require that |
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person to supply or support any information required to be provided under |
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subsection (8) by means of a statutory declaration. |
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(10) | Where a public chapel is licensed by a bishop for the publication of banns and |
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the solemnization of marriages under section 20 of the 1949 Act, this section |
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shall apply as if that chapel were a parish church of the parish or of any parish |
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the whole or part of which is within the district specified in the licence. |
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“church” does not include a cathedral; |
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(a) | where a special cure of souls has been assigned to any priest for |
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the area in which the church where the marriage is to be |
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solemnized is situated, whether in a Rectorial Benefice or |
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otherwise, that priest; or |
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(b) | where paragraph (a) does not apply, the incumbent of the |
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benefice in the area of which that church is situated; or |
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(c) | where neither of the above paragraphs apply, the priest in |
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charge of that benefice; or |
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(d) | where none of the above paragraphs apply, in the case of a |
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Rectorial Benefice, the vicar who has held office for the longest |
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period in that Benefice; or |
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(e) | where none of the above paragraphs apply, the area dean of the |
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deanery in which that church is situated; |
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“parish” includes a conventional district; and |
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any reference to baptism, confirmation, marriage or public worship shall |
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be construed as a reference to baptism, confirmation, marriage or |
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public worship, as the case may be, according to the rites of the Church |
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(12) | Where a parish has ceased to exist or the boundaries thereof have been altered |
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and a person who wishes to have his or her marriage solemnized in accordance |
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with subsection (1) can establish a qualifying connection with a place situated |
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within such a parish then, if that place is, at the time when the notice under |
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section 8 of the 1949 Act is delivered, situated within the parish in which the |
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church where the marriage is to be solemnized is situated, that person shall be |
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deemed to have a qualifying connection with that parish. |
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(13) | In relation to the establishment of a qualifying connection under subsection |
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(3)(a) by virtue of confirmation the references in subsection (12) to a place shall |
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be construed as a reference to the church or other place of worship in whose |
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register the confirmation was entered. |
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3 | Marriage by common licence |
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(1) | Notwithstanding section 15 of the 1949 Act a common licence may be granted |
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to a person for the solemnization of a marriage in any church or chapel in |
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which that person may be married under section 2 of this Act, and section |
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16(1)(b) of the 1949 Act shall, where a common licence may be granted by |
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virtue of this section, have effect as if it required one of the persons to be |
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married to swear that one or both of those persons has a qualifying connection |
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with a parish within the meaning of section 2(3) of this Act and to state the |
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nature of that connection and section 2(8) of this Act shall apply as if the |
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reference therein to the minister of the parish were a reference to the authority |
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having power to grant the licence. |
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(2) | Where an application has been made for the grant of a common licence under |
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subsection (1), section 2(12) shall have effect as if the reference to the date on |
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which the notice required under section 8 of the 1949 Act is delivered were a |
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reference to the date of the application for the grant of the common licence. |
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The Order of Bishops may from time to time issue guidance as to the exercise |
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of any functions by a minister under section 2(8) or (9) or by the authority |
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having power to grant a common licence under section 2(8) as applied by |
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(1) | In this Act “the 1949 Act” means the Marriage Act 1949 (c. 76) and, unless the |
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context otherwise requires, expressions used in this Act have the same |
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meaning as in the 1949 Act. |
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(2) | Where a marriage has been solemnized— |
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(a) | in accordance with section 2(1), or |
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(b) | on the authority of a common licence granted by virtue of section 3, |
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| it shall not be necessary in support of the marriage to give any proof that either |
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party had a qualifying connection with the parish in which the marriage was |
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solemnized and no evidence shall be given to prove the contrary in any |
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proceedings touching the validity of the marriage. |
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6 | Citation, commencement and extent |
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(1) | This Act may be cited as the Marriage (Wales) Act 2010. |
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(2) | This Act shall come into force on the day on which this Act is passed. |
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(3) | This Act extends to England and Wales only. |
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Marriage (Wales) Bill [HL] |
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To Enable persons to be married in a place of worship in a parish in the |
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Church in Wales with which they have a qualifying connection; and for |
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| | | | | | | | | | | | | | | | | | | | | | Ordered, by The House of Commons,
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| | | | | to be Printed, 27 January 2010. |
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© Parliamentary copyright House of Lords and House of Commons 2010
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