OpenLegislation

Section 26B Opt-in to marriage of same sex couples: other religious ceremoniesF1

(1)

A marriage may, in any of the following cases, be solemnized on the authority of F2a marriage schedule.

(2)

Case A is where—

(a)

the marriage is of a same sex couple according to the usages of the Society of Friends (commonly called Quakers), and

(b)

the relevant governing authority has given written consent to such marriages of same sex couples.

(3)

For that purpose “relevant governing authority” means the recording clerk for the time being of the Society of Friends in London.

(4)

Case B is where—

(a)

the marriage is of a same sex couple professing the Jewish religion according to the usages of the Jews, and

(b)

the relevant governing authority has given written consent to such marriages of same sex couples.

(5)

For that purpose the meaning of “relevant governing authority” is to be determined in accordance with this table—

The “relevant governing authority” is......if the marriage falls to be registered by...
the Chief Rabbi of the United Hebrew Congregations of the Commonwealththe secretary of a synagogue certified under paragraph (a) of the relevant definition (certification by the President of the Board of Deputies)

the person or persons duly recognised by the members of—

  1. (i)

    the West London Synagogue of British Jews (“the West London Synagogue”), and

  2. (ii)

    the other synagogues that are constituents of or affiliated to the Movement for Reform Judaism

— either the secretary of the West London Synagogue, as certified under paragraph (b) of the relevant definition

— or the secretary of another synagogue in a case where:

  1. (i)

    the secretary is certified under paragraph (d) of the relevant definition by the secretary of the West London Synagogue, and

  2. (ii)

    the synagogue is one of those which are constituents of or affiliated to the Movement for Reform Judaism

the person or persons duly recognised by the members of—

  1. (i)

    the Liberal Jewish Synagogue, St. John's Wood (“the St. John's Wood Synagogue”), and

  2. (ii)

    the other synagogues that are constituents of or affiliated to Liberal Judaism

— either the secretary of the St. John's Wood Synagogue, as certified under paragraph (c) of the relevant definition

— or the secretary of another synagogue in a case where:

  1. (i)

    the secretary is certified under paragraph (d) of the relevant definition by the secretary of the St. John's Wood Synagogue, and

  2. (ii)

    the synagogue is one of those which are constituents of or affiliated to Liberal Judaism

the person or persons duly recognised by the members of the synagogue by whose secretary the marriage falls to be registered

the secretary of a synagogue certified under paragraph (d) of the relevant definition (certification by the secretary of the West London Synagogue or the secretary of the St. John's Wood Synagogue) in a case where the synagogue is not one of those which are constituents of or affiliated to:

  1. (i)

    the Movement for Reform Judaism, or

  2. (ii)

    Liberal Judaism

In that table—

(a)

“relevant definition” means the definition of “secretary of a synagogue” in section 67;

(b)

a reference to a person or persons being duly recognised is a reference to the person or persons being recognised for the purpose of giving consent for the purposes of this section.

(6)

Case C is where—

(a)

the marriage is of a same sex couple according to religious rites or usages (other than the rites of the Church of England),

(b)

one or each of the couple is house-bound or a detained person,

(c)

the marriage is at the usual place of residence of the house-bound or detained person or persons, and

(d)

the relevant governing authority has given written consent to marriages of same sex couples according to those religious rites or usages.

(7)

For that purpose—

  • “relevant governing authority” means the person or persons recognised by the members of the relevant religious organisation as competent for the purpose of giving consent for the purposes of this section;

  • “relevant religious organisation” means the religious organisation according to whose rites or usages the marriage is to be solemnized.

(8)

Subsection (6) does not authorise a marriage that may be solemnized under subsection (2) or (4).

Annotations

Textual amendments

F1

S. 26B inserted (13.3.2014) by Marriage (Same Sex Couples) Act 2013 (c. 30), ss. 5, 21(3); S.I. 2014/93, art. 3(c)

F2

Words in s. 26B(1) substituted (4.5.2021) by The Registration of Marriages Regulations 2021 (S.I. 2021/411), reg. 1(2), Sch. 1 para. 11(c) (with Sch. 2)

Notes on Part III

Textual amendments

F1

Words in Pt. 3 heading substituted (4.5.2021) by The Registration of Marriages Regulations 2021 (S.I. 2021/411), reg. 1(2), Sch. 1 para. 9 (with Sch. 2)

Modifications

C1

Pt. III applied (S.) as to issue of certificates for marriage by Marriage (Scotland) Act 1956 (c. 70), s. 1(3)

C2

Pt. 3 applied (13.3.2014) by Marriage (Same Sex Couples) Act 2013 (c. 30), ss. 1(2)(a), 21(3); S.I. 2014/93, art. 3(a)

Notes on Issue of a marriage schedule

Textual amendments

F1

Words in s. 26 cross-heading substituted (4.5.2021) by The Registration of Marriages Regulations 2021 (S.I. 2021/411), reg. 1(2), Sch. 1 para. 10 (with Sch. 2)