To ask the Scottish Government what consideration it has given to granting prescribed status to Independent Humanist Ceremonies under the Marriage (Scotland) Act 1977 and the Civil Partnership Act 2004.
Under the Marriage (Scotland)Act 1977 and the Civil Partnership Act 2004, there are a number of different systems for religious or belief celebrants to be approved to solemnise marriage or register civil partnership. At the moment, Independent Humanist Ceremonies(IHC) nominate persons to the Registrar General to be registered as celebrants under section 9 of the 1977 Act.
A religious or belief body can also be prescribed by Scottish Statutory Instrument made by the Scottish Ministers so that all of its celebrants, or persons recognised by the body as entitled to do so, may solemnise marriages under the 1977 Act or register civil partnerships under the 2004 Act.
The Scottish Government is currently considering requests from three organisations to be so prescribed, including that of IHC. The decision on whether to prescribe a religious or belief body which has made a request is entirely at the discretion of the Scottish Ministers. In prescribing the Humanist Society Scotland in 2016 and more recently the Free Church of Scotland (Continuing) in 2023, we have set out the factors that we take into account in doing so in the Policy Notes published alongside each Scottish Statutory Instrument: The Civil Partnership, Marriage Between Persons of Different Sexes and Same Sex Marriage (Prescribed Bodies) (Scotland) Amendment Regulations 2016 - Policy Note (pdf 54.2KB) and The Marriage Between Persons of Different Sexes (Prescribed Bodies) (Scotland) Amendment Regulations 2023 - Policy Note (PDF 50.5KB)
Being prescribed gives a religious or belief body the power to decide who can and cannot solemnise ceremonies on their behalf without any outside authorisation or approval from the Registrar General. Given the level of responsibility this status holds, we have to give careful consideration to such requests.
However, we recognise that the consideration of these requests has taken too long. The information and evidence already provided on behalf of IHC is currently being reviewed as a matter of priority. I have been assured that my officials will be in touch with IHC if further information is required and that, in any event, they will be updated on progress with their request before the end of this summer.
The member will wish to be aware that celebrants from IHC can still conduct legally recognised marriages and civil partnerships through being authorised by the Registrar General for Scotland.
