The Marriages and Civil Partnerships (Approved Premises) (Amendment) Regulations 2011

regulation 2(14)

SCHEDULE 1

regulation 2D(2)

“SCHEDULE A1 PERSONS WHO MUST CONSENT TO AN APPLICATION FOR APPROVAL OF RELIGIOUS PREMISES

Table

Description of religious premises	Person or description of person who must consent to application	Consent not required
Place of meeting for religious worship of the Roman Catholic Church	General Secretary of the Catholic Bishops’ Conference of England and Wales
Church or chapel of the Church of England	General Synod
Church or chapel of the Church in Wales	Governing Body of the Church in Wales
Place of meeting for religious worship of the Methodist Church	Conference of the Methodist Church
Place of meeting for members of the Society of Friends		Consent not required”

regulation 2(16)

SCHEDULE 2

regulation 5(1A)(c)

“SCHEDULE 1A REQUIREMENTS FOR THE GRANT OF APPROVAL OF RELIGIOUS PREMISES

1.   Having regard to their primary use, situation, construction and state of repair, the premises must, in the opinion of the authority, be a seemly and dignified venue for the proceedings.

2.   Except so far as section 196 of, and paragraph 2 of Schedule 23 to, the Equality Act 2010(1) applies, the premises must be regularly available to the public for the formation of civil partnerships.

3.   The premises must have the benefit of such fire precautions as may reasonably be required by the authority, having consulted with the fire and rescue authority, and such other reasonable provision for the health and safety of the persons employed in or visiting the premises as the authority considers appropriate.

4.   The room or rooms in which the proceedings are to take place if approval is granted must be identifiable by description as a distinct part of the premises.”

regulation 2(18)

SCHEDULE 3

regulation 6(1)(aa)

“SCHEDULE 2A CONDITIONS TO BE ATTACHED TO GRANTS OF APPROVAL OF RELIGIOUS PREMISES

1.   The holder of an approval must ensure that there is at all times an individual with responsibility for ensuring compliance with these conditions (“the responsible person”) and that the responsible person’s occupation, seniority, position of responsibility in relation to the premises, or other factors (the responsible person’s “qualification”), indicate that the responsible person is in a position to ensure compliance with these conditions.

2.   The responsible person or, in the responsible person’s absence, an appropriately qualified deputy appointed by the responsible person, must be available on the premises for a minimum of one hour prior to and throughout the proceedings.

3.   The holder of an approval (“A”) must notify the authority—

(a) of A’s name and address immediately upon becoming the holder of an approval under regulation 7(2); and

(b) of the name, address and qualification of the responsible person immediately upon the appointment of a new responsible person.

4.   The holder of an approval must notify the authority immediately of any change to any of the following—

(a) the layout of the premises, as shown in the plan submitted with the approved application;

(b) the name or full postal address of the approved premises;

(c) the description of the room or rooms in which the proceedings are to take place;

(d) the name or address of the holder of the approval; and

(e) the name, address or qualification of the responsible person.

5.   The holder of an approval must notify the authority immediately if the premises cease to be religious premises within the meaning of regulation 5(1B).

6.   The holder of an approval must notify the authority immediately if a sharing Church withdraws from a sharing agreement or if a Church that uses a shared building ceases to do so.

7.   The holder of an approval must notify the authority immediately if a required consent has been or is going to be withdrawn and the date on which it was or is to be withdrawn.

8.   Where consent was not previously required, the holder of an approval must notify the authority immediately if consent is now or will be required and the date from which it was or will be required.

9.   The approved premises must be made available at all reasonable times for inspection by the authority.

10.   A suitable notice stating that the premises have been approved for the proceedings and identifying and giving directions to the room in which the proceedings are to take place must be displayed at each public entrance to the premises for one hour prior to and throughout the proceedings.

11.— (1) Save as provided below, no food or drink may be sold or consumed in the room in which the proceedings take place for one hour prior to or during those proceedings.

(2) These are the exceptions to the prohibition above—

(a) the consumption of food or drink as a part of any religious ceremony that takes place prior to the proceedings;

(b) the consumption of non-alcoholic drinks prior to the proceedings.

12.   The proceedings must take place in a room which was identified as one to be used for that purpose on the plan submitted with the approved application.

13.   The room in which the proceedings are to take place must be separate from any other activity on the premises at the time of the proceedings.

14.   The arrangements for and content of the proceedings must meet with the prior approval of the authority.

15.— (1) The proceedings conducted on the approved premises may not be religious in nature.

(2) In particular, the proceedings may not—

(a) include extracts from an authorised religious marriage service or from sacred religious texts;

(b) be led by a minister of religion or other religious leader (unless that person is also a civil partnership registrar and is leading the proceedings solely in that capacity);

(c) involve a religious ritual or series of rituals;

(d) include hymns or other religious chants; or

(e) include any form of worship.

(3) But the proceedings may include readings, songs, or music containing an incidental reference to a god or deity in an essentially non-religious context.

16.   Public access to any proceedings in approved premises must be permitted without charge.

17.   Any reference to the approval of premises on any sign or notice, or on any stationery or publication, or within any advertisement may state that the premises have been approved by the authority as a venue for the formation of civil partnerships under section 6(3A)(a) of the 2004 Act but must not state or imply any recommendation of the premises or its facilities by the authority, the Registrar General or any of the officers or employees of either of them.

18.   If a change of name to the approved premises occurs after the issue of the civil partnership document but before the proceedings, the former name of the approved premises as recorded in the civil partnership document remains valid for the purposes of the proceedings.”

(1)

2010 c. 15; section 196 and Schedule 23 make provision for general exceptions to the Act. Paragraph 2 provides exceptions in respect of organisations relating to religion or belief.