The importance of being authorised: the genesis, limitations and legacy of the Marriage Act 1898

Abstract

Every place of worship that is registered for weddings is able to appoint its own ‘authorised person’ to replace the civil registrar who would otherwise be required to attend weddings there. Nonetheless, 120 years after this option was first introduced by the Marriage Act 1898, there are still many places of worship with no authorised person. With provisional proposals for an officiant-based system having been put forward by the Law Commission, it is essential to understand why the existing option of being authorised has not been taken up more widely, and whether there would be similar issues with the Commission's proposed scheme. In this article we draw on a combination of historical and empirical research to analyse the past, present and possible future of the law in this area. The option of being authorised was, from the start, hedged around with restrictions. It is also not well understood, and some of those who wish to be authorised experience challenges in engaging with the system. Participants preferred the option of being an officiant, and their comments and experiences provide a useful insight into how the Law Commission's scheme would need to be implemented.