Registration of Marriages Regulations 2021

Baroness Sherlock Excerpts

Tuesday 23rd March 2021 Lords Chamber

[Baroness Sherlock (Lab) [V]]

My Lords, I declare an interest as a priest in the Church of England, one of a small number of Lords temporal who conduct marriages, and so directly affected by these regulations. I hope that this is one of those times when an inside view will add something different.

These regulations make two significant changes to the way in which marriages are registered in England and Wales. I am not opposing them, but I have had representations from clergy worried about the lack of notice. One said:

“We feel a bit stunned about the timing of these changes. We were told some time ago that they were planned and then everything went quiet, and it seems like a strange time to be introducing them now, with a very short lead-in time, with many churches just reopening and the Covid guidance on weddings (and other things) likely to change again soon.”


Another said that it was proving difficult, as he was

“trying to tell brides what their ceremonies will look like now as we have a bulge of weddings in this middle of the passage of this legislation. Not enough time for transitional arrangements.”

The registration process changed on 4 May and, a few weeks later, these regulations changed the processes for marrying people subject to immigration control. EEA citizens without settled or pre-settled status will no longer be able to be married after the calling of banns or the issuing of a common marriage licence, but will have to give notice at a register office and be issued with a superintendent registrar’s certificate. This has been the process for other foreign nationals since 2015, but these changes are likely to result in a significant increase in weddings where clergy have to use this new process because so many weddings of EEA nationals take place, as opposed to others. Can the Minister help me explain to clergy why, two years after the primary legislation went through, they are getting so little notice?

Secondly, where is all the guidance? I met a wedding couple just last Wednesday to discuss their wedding, and at that point there was no official guidance or training available. The training has since appeared, but it is just a series of slides with someone reading a script in the background, and only clergy may watch it, even though in many parishes, lay people are involved in taking wedding bookings; that is from the GRO. Can the Minister explain why?

It is good that mothers’ names can be recorded in the register. The training touches on this and helpfully says:

“In some cases questioning the parentage of a bride or groom may give rise to upset, and the aim of our guidance will be to ensure that any questioning on this aspect is done well before the marriage and not on the day itself.”


I am sufficiently well trained that I was not planning to question the parentage of a bride or groom on their wedding day, but if it is to be done well before the marriage, where is the guidance? We are assured that Guidance for the Clergy will be updated in advance of going live, but it was not on GOV.UK yesterday. Can the Minister tell the House when it will be issued?

Finally, when the marriage document or schedule is signed, the regulations say that the clergyman—sic—has a legal duty to get it to the local register office within 21 days. By the way, why can it not say “clergyperson”? Can the Minister confirm that the legal duty falls on the clergyperson who officiates at the marriage, not the vicar of the church in which it happens, although he or she will also need to keep a record of the marriage? These may not be the same people. A couple may want a particular priest from their childhood or even an ordained parent to take the wedding, who might live at the other end of the country, making it inconvenient to deliver a schedule or document to the local register office. Can the Minister clarify the penalty for not delivering it on time? The Explanatory Memorandum makes no mention of penalties but there is a reference deep in the regulations to a fine at level 3 on the standard scale, so I would be grateful for confirmation.

The training tells officiating clergy that it is their legal duty to get the document or schedule to the register office, but you may

“with the consent of the couple, ask someone else, such as a family member, to return it on your behalf.”

Does this mean that the couple must give their consent for someone other than the priest to deliver the certificate? If someone else does it, is the officiant still liable if it goes astray? Can it be posted if they are not local? Who is liable if it then does not arrive?

These may seem small details, but couples plan their weddings a long way ahead and in meticulous detail. At wedding meetings, we go over every single minute of the ceremony. I am sure the Church was consulted and has been flagging up to local dioceses that these changes would happen at some point, but I am pretty sure that the urgency did not come from the Church. Therefore, can the Minister understand how unhelpful it is for this to happen with so little notice and for us to be six weeks from D-day and still with no detailed guidance available? Why were the regulations not brought forward six months ago? If that was impossible, why can their implementation not be delayed, allowing for more preparation? I hope that the Minister can answer all my questions today, but if she needs to write on anything, can she commit to doing so quickly, preferably within a week? After all, we have only six weeks until this becomes law.