LAW COMMISSION RECOMMENDATIONS FOR CHANGES IN WEDDING LAW IN ENGLAND & WALES
Please note: The following notes are shared to highlight the aspects of the Law Commissioners recommendations that may be particularly relevant to OneSpirit Ministers. OSMIC highly recommends that they should be read in conjunction with the Law Commissions full reports – links at the bottom of this page.
In September 2020 the Law Commission published a Consultation Paper, making provisional proposals for a new scheme to govern weddings law. Public consultation lasted for four months, and received more than 1,600 consultation responses.
Having carefully considered what they heard, they now make final recommendations for reform in a new Report. If implemented the recommendations will transform the law from a system based on the regulation of buildings to one based on the regulation of the officiant responsible for the ceremony as is already the case in Ireland, Northern Ireland, and Scotland.
CATEGORIES OF OFFICIANT
If recommendations become law there will be up to five categories of officiant.
Two types of officiant will conduct belief weddings:
- Anglican clergy.
- Nominated officiants.
Three types of officiant will conduct civil weddings (Please note there is a distinction to be made between civil weddings and civil partnerships. For the purposes of this discussion we are talking about Weddings)
- Registration officers who are employed by local authorities.
- Independent officiants comprising a further category of officiant able to conduct civil weddings.
- Maritime officiants
Second picture: depicting the Types of Weddings under the recommended scheme.
Both pictures taken from the Law Commissioners Report.
THE CRITERIA FOR RELIGIOUS AND NON-RELIGIOUS BELIEF ORGANISATIONS WHO MAY BECOME NOMINATING BODIES FOR NOMINATED OFFICIANTS –
In order to nominate officiants, an organisation will have to show that it is a religious or non-religious belief organisation which has been established for a minimum period of time, during which period it has had members from at least 20 households who meet regularly in person for worship or in furtherance of or to practise their beliefs.
It will also have to demonstrate that it has a policy in relation to nominating and monitoring officiants and that it would be a manifestation of an individual’s religion or beliefs to have a wedding officiated at by an officiant nominated by that organisation.
Legal duties and responsibilities of officiants
The officiant attending a wedding will have three legal duties to discharge.
- Ensure that the parties freely express consent to marry each other.
- Ensure that the other requirements of the ceremony are met.
- Ensure that the schedule or marriage document is signed.
It is now for Government to consider and respond to the Law Commission’s recommendations.
Under the Protocol between the Lord Chancellor (on behalf of Government) and the Law Commission, the responsible Minister will respond to the recommendations as soon as possible, and in any event with an interim response within six months of publication of the Report and a full response within a year.
If the Government accepts the recommendations, it will be necessary for a bill to be drafted to give effect to them. That bill can then be introduced into Parliament in order to become law.
If the Government accepts the recommendations, it will be necessary for a bill to be drafted to give effect to them. That bill can then be introduced into Parliament in order to become law.
Action points:
- To read the Law Commission reports click here
- Contact your local MP to encourage them to support the recommended changes
- Click here to see advice from Assoc of Independent Celebrants with suggestions of how to present the case for reform to your MP
- Watch the video presentations featuring Nick Hopkins from the Law Commission and Russell Sandberg. These provide a helpful summary of the recommendations and their implications for celebrants.
- Join OneSpirit minister conversation/campaign by contacting OSMIC or commenting below
