In this article we’ll be providing a brief summary of the provisional Law Commission proposals and what they mean for wedding celebrants. We’ll also be outlining how the AOIC plans to act following publication of the final recommendations to make sure the voice of the independent celebrant is heard.
What is the Law Commission proposing?
The Law Commission has been reviewing the wedding law of England and Wales thoroughly since 2019. The review was commissioned by the Government in order to look at the “red tape and outdated rules around weddings – making sure our laws are fit for modern life.”
In September 2020, the Law Commission published a consultation paper which contained its provisional proposals for reform. It was a lengthy document (438 pages), but the proposals centred on moving to an ‘officiant-based system’ that would allow couples far more freedom of choice regarding where, when and how they married, without unnecessary restrictions and costs.
The consultation period is now closed and the Commission is analysing consultees’ responses, which will inform development of its final policy. It aims to publish a final report with recommendations for government in July 2022.
Is the Law Commission recommending that celebrants conduct legal weddings?
In short, no. It was never in the remit of the review to assess whether or not celebrants should be entitled to conduct legally binding weddings. However, the provisional recommendations were positive for celebrants as they proposed moving to an ‘officiant-based system’ (as opposed to the current buildings-based system). This would mean licencing the officiant, not the venue.
But it will be for the Government to decide who can fulfil this officiant role. The framework of the new system, if implemented, could allow independent celebrants and/or non-religious belief organisations (such as Humanists) to conduct legally binding weddings, but only if the Government decides to enable them to do so.
The consultation paper was detailed and accurate when explaining how celebrants work and clearly listed independent celebrants as one of the groups that could be considered for the officiant role. So we see it as broadly supportive of this idea – but it’s important when communicating with key decision makers that we don’t misquote the recommendations.
So what are celebrants asking for?
If the Law Commission’s final recommendations are broadly in line with its provisional recommendations then we need to be asking the Government for two things:
- Implement the Law Commission’s recommendations and move to an officiant-based system – #ChangeWeddingLaw
- Allow independent celebrants to act as ‘officiants’, thus enabling us to conduct legally binding weddings with far more freedom of choice – #SpeakUpForCelebrants
As soon as the final report is published the AOIC will be assessing it to make sure we fully understand the recommendations and how they may differ from the provisional ones. We’ll then be campaigning hard on both the above points – and we invite all celebrants to join us!
This is about campaigning for change but also ensuring that key decision makers fully understand the role of an independent celebrant. Many believe that a celebrant wedding = a humanist wedding, when in fact the vast majority of celebrants are independent, therefore not bound by any belief framework. We can therefore adapt entirely to the beliefs, values and wishes of the couple.
How can I find out more?
If you’d like to know more about the review, our Law Commission Weddings Review article gives more detail on its background and scope, with links to the recommendations in full.
Please also follow us on Facebook, Instagram, Twitter and LinkedIn if you’d like to be kept informed as we head towards the campaign trail!
