The Marriage (Northern Ireland) Order 2003

Application by religious bodies for registration of member to solemnise marriages N.I.

10.—(1) A religious body may apply to the Registrar General for a member named in the application and aged 21 or over to be registered under Article 11 as empowered to solemnise marriages in Northern Ireland.

[F1 (1A) The application must state whether it is for the member named in it to be registered under Article 11—

(a) for marriages of parties who are not of the same sex,

(b) for marriages of parties who are of the same sex, or

(c) for both those descriptions of marriages.

(1B) Where—

(a) the statement is as mentioned in paragraph (1A)(a), and the named member is already registered under Article 11 for marriages of parties who are of the same sex,

(b) the statement is as mentioned in paragraph (1A)(b), and the named member is already registered under Article 11 for marriages of parties who are not of the same sex, or

(c) the statement is as mentioned in paragraph (1A)(c), and the named member is already registered under Article 11 but only for marriages of one of the two descriptions,

the application operates as an application for registration additionally for marriages of the description for which the named member is not already registered.

(1C) Where the application is for the named member to be registered for marriages of parties who are of the same sex (whether or not it is only for marriages of that description), the Registrar General must refuse to register the named member under Article 11 for marriages of parties of the same sex unless the Registrar General—

(a) has received written notice of the consent of the body’s governing authority to the member solemnising marriages of parties who are of the same sex, and

(b) has not received written notice of withdrawal of that consent.

(1D) Consent for the purposes of paragraph (1C)(a), or its withdrawal, may be—

(a) for solemnisations by persons who are, or who from time to time are, of a particular description, or

(b) for solemnisations by a person or persons identified by name.]

(2) The Registrar General shall refuse to register a person under Article 11 if he considers that—

(a) the body making the application is not a religious body;

(b) F2 ...or

(c) the person named in the application is not a fit and proper person to solemnise a marriage.

[F3 (2A) The Registrar General must refuse to register a member of a religious body under Article 11 for marriages of parties who are not of the same sex if the Registrar General considers that the marriage ceremony used by that body for marriages of that description does not include, or is inconsistent with, an appropriate declaration.

(2B) The Registrar General must refuse to register a member of a religious body under Article 11 for marriages of parties who are of the same sex if the Registrar General considers that the marriage ceremony used by that body for marriages of that description does not include, or is inconsistent with, an appropriate declaration.]

(3) In paragraph [F4 (2A)] an “appropriate declaration” means a declaration by the parties, in the presence of—

(a) each other;

(b) the officiant; and

(c) two witnesses,

that they accept each other as husband and wife.

[F5 (3A) In paragraph (2B) an “appropriate declaration” means a declaration by the parties, in the presence of—

(a) each other;

(b) the officiant; and

(c) two witnesses,

that they accept each other as husband and husband or as wife and wife.]

(4) An application under paragraph (1) shall be in such form and contain such particulars as the Registrar General may determine.

(5) A religious body shall not make an application under paragraph (1) unless it is satisfied that there is a need for a larger number of its members to be registered under Article 11.

(6) If the Registrar General refuses to register a person under Article 11, he shall inform the body of his reasons.

F1 Art. 10(1A)-(1D) inserted (1.9.2020) by The Marriage and Civil Partnership (Northern Ireland) Regulations 2020 (S.I. 2020/742), regs. 1(2), 5(2)

F2 Art. 10(2)(b) omitted (1.9.2020) by virtue of The Marriage and Civil Partnership (Northern Ireland) Regulations 2020 (S.I. 2020/742), regs. 1(2), 6(2)

F3 Art. 10(2A)(2B) inserted (1.9.2020) by The Marriage and Civil Partnership (Northern Ireland) Regulations 2020 (S.I. 2020/742), regs. 1(2), 6(3)

F4 Word in art. 10(3) substituted (1.9.2020) by The Marriage and Civil Partnership (Northern Ireland) Regulations 2020 (S.I. 2020/742), regs. 1(2), 6(4)

F5 Art. 10(3A) inserted (1.9.2020) by The Marriage and Civil Partnership (Northern Ireland) Regulations 2020 (S.I. 2020/742), regs. 1(2), 6(5)