Regulations etc

15 In section 74 (regulations), after subsection (2) insert—

“(3) Any order or regulations made under this Act may make different
provision for different cases.”.

5Offences

16 In section 75 (offences relating to solemnization of marriages), in subsection
(3)(a), for “15 days” substitute “28 days”.

Relevant nationals

17 In section 78 (interpretation of the 1949 Act), in subsection (1), after the
10definition of “registration district” insert—

• ““relevant national” means—

  (a)

  a British citizen,

  (b)

  a national of an EEA state other than the United
  Kingdom, or

  (c)

  15a national of Switzerland;”.

Part 2 Civil partnership

Introduction

18 The Civil Partnership Act 2004 is amended in accordance with this Part of
20this Schedule.

Supply of additional information and evidence

19 (1) Section 8 (notice of proposed civil partnership and declaration) is amended
in accordance with this paragraph.

(2) In subsection (4), after paragraph (b) insert—

“(c) 25that the proposed civil partner believes all of the information
stated in the notice, and all information and evidence
supplied with the notice, is true.”.

(3) After subsection (5) insert—

“(5A) Subsection (5) is subject to section 9F.”.

20 30After section 8 insert—

“8A Additional information if party not relevant national

(1) This section applies to notice of proposed civil partnership given to
a registration authority in accordance with section 8 if one, or each,
of the parties to the proposed civil partnership is not a relevant
35national.

(2) But this section does not apply if Schedule 3 applies to the proposed
civil partnership.

(3) For each party to the proposed civil partnership who is not a relevant
national, the notice must include whichever of statements A, B or C
is applicable to that person.

(4) Statement A is a statement that the person has the appropriate
5immigration status.

(5) Statement B is a statement that the person holds a relevant visa in
respect of the proposed civil partnership.

(6) Statement C is a statement that the person neither—

(a) has the appropriate immigration status, nor

(b) 10holds a relevant visa in respect of the proposed civil
partnership.

(7) If the notice contains the statement referred to in the first column of
an entry in this table, the notice must be accompanied by the
information and photographs referred to in the second column of
15that entry (insofar as that entry is applicable to the parties to the
proposed civil partnership)—

(8) If the notice contains more than one of statements A, B and C,
subsection (7) must be complied with in relation to each of those
statements; but where the notice contains statements B and C,
50subsection (7) does not require the notice to be accompanied by more
than one specified photograph of each party.

(9) If the notice includes statement C for a party to the proposed civil
partnership—

(a) the notice may be accompanied by a statement (“statement
55D”) of that person’s immigration position in the United
Kingdom;

(b) if the notice is accompanied by statement D for a party to the
proposed civil partnership, the person may provide the
registration authority with details of his or her immigration
60position in the United Kingdom; and

(c) if any such details are provided, the registration authority
must record them.

(10) In this section—

(a) a reference—

(i) 65to a person having the appropriate immigration
status, or

(ii) to a person holding a relevant visa,

has the same meaning as in section 48 of the Immigration Act
2014;

(b) 70a reference to the particular immigration status which a
person has is a reference to the immigration status set out in
any of paragraphs (a) to (c) of section 48(2) of that Act which
the person has;

(c) a reference to a person’s immigration position in the United
75Kingdom includes a reference to the person’s not being
entitled to be in the United Kingdom.

(11) In this section “specified photograph” means a photograph that is in
accordance with regulations made under section 9E (and for this
purpose “photograph” includes other kinds of images).”.

21 80For section 9 substitute—

“9 Evidence

(1) A notice of proposed civil partnership under section 8 must, in
relation to each of the parties to the civil partnership, be
accompanied by specified evidence of the following matters—

(a) 85the person’s name and surname;

(b) the person’s date of birth;

(c) the person’s place of residence;

(d) the person’s nationality.

(2) A person giving a notice of proposed civil partnership under section
908 must provide the registration authority to which the notice is given
with specified evidence—

(a) as to whether the person has previously formed a civil
partnership or been married; and

(b) if so, as to the ending of the civil partnership or marriage.

(3) In this section “specified evidence” means evidence that is in
accordance with regulations made under section 9E.

9A Additional evidence if party not relevant national

(1) This section applies to notice of proposed civil partnership given to
5a registration authority in accordance with section 8 if one, or each,
of the parties to the proposed civil partnership is not a relevant
national.

(2) If the notice includes statement A (referred to in section 8A(4)), and
accordingly is accompanied by details of the particular immigration
10status which a party to the proposed civil partnership has, the notice
must be accompanied by specified evidence of that status.

(3) If the notice includes statement B (referred to in section 8A(5)), the
notice must be accompanied by specified evidence of the holding of
the relevant visa by the party to the proposed civil partnership.

(4) 15If, in accordance with section 8A(7), the notice is accompanied by the
usual address of a party to the proposed civil partnership, the notice
must also be accompanied by specified evidence that it is that party’s
usual address.

(5) If the notice includes statement D (referred to in section 8A(9)), the
20notice may be accompanied by evidence of the person’s immigration
position in the United Kingdom.

(6) If subsection (2) or (3) applies to the notice, and the notice is not
accompanied by the specified evidence required by that subsection,
the notice must be accompanied by—

(a) 25photographs and addresses of the kinds referred to in
paragraphs 1 and 2 in the relevant entry in section 8A(7);

(b) as respects the usual address of each party that is provided in
accordance with paragraph (a), specified evidence that the
address provided is that party’s usual address; and

(c) 30addresses, names and aliases of the kinds referred to in
paragraphs 3 to 5 in the relevant entry in section 8A(7)
(insofar as those paragraphs are applicable to the parties to
the proposed civil partnership).

(7) In this section—

• 35“relevant entry in section 8A(7)” means the second column of
  the last entry in the table in section 8A(7);

• “specified evidence” means evidence that is in accordance with
  regulations made under section 9E.

9B Change of usual address or UK contact address

(1) 40The Secretary of State may, by regulations, make provision about the
giving to the Secretary of State of—

(a) notice of a person’s usual address, if the person’s notified
usual address changes;

(b) notice of a UK contact address, if the person’s notified usual
45address is not in the United Kingdom;

(c) notice of a person’s UK contact address, if the person’s
notified UK contact address changes;

(d) evidence of any address notified in accordance with
regulations under paragraph (a), (b) or (c).

(2) The provision that may be made in regulations under this section
includes—

(a) 5provision imposing a requirement on a person;

(b) provision about the rejection of information or evidence
which there are reasonable grounds to suspect to be false.

(3) Regulations under subsection (1)(d) may, in particular, make any
provision of the kind that may be made under section 9E(3).

(4) 10In this section—

• “notified UK contact address” means an address in the United
  Kingdom, at which a person can be contacted by post, that
  has been notified in accordance with—

  (a)

  section 8A(7) or 9A(6), or

  (b)

  15regulations under this section;

• “notified usual address” means the usual address of a person
  that has been notified in accordance with—

  (a)

  section 8A(7) or 9A(6), or

  (b)

  regulations under this section.

9C 20Rejection of false information or evidence

(1) A registration authority may reject—

(a) any information or photograph provided under section 8, 8A
or 9A, or

(b) any evidence provided under section 9 or 9A,

25if (in particular) the registration authority has reasonable grounds
for suspecting that the information, photograph or evidence is false.

(2) If the registration authority rejects any information, photograph or
evidence, the registration authority may proceed under this Act as if
the rejected information, photograph or evidence had not been
30provided.

(3) This section does not limit the powers of registration authorities to
reject anything provided under any other enactment.

9D Amendment of notice and evidence provisions

(1) The Secretary of State may by order—

(a) 35amend section 8A or 9A so as to vary the information that
must or may be given in cases where that section applies;

(b) amend section 9 or 9A so as to vary the matters in respect of
which specified evidence must or may be given in cases
where that section applies;

(c) 40make such provision (including provision amending section
9B or 9E or any other enactment) as the Secretary of State
considers appropriate in consequence of provision made
under paragraph (a) or (b).

(2) The Secretary of State must consult the Registrar General before
45making an order under this section.

9E Specified evidence

(1) The Registrar General may make regulations about the evidence that
is required to be given for the purposes of section 9.

(2) The Secretary of State may make regulations about the evidence that
5is required to be given for the purposes of section 9A.

(3) Regulations under this section may, in particular, make provision
about—

(a) the kind of evidence which is to be supplied;

(b) the form in which evidence is to be supplied;

(c) 10the manner in which evidence is to be supplied;

(d) the period within which evidence is to be supplied;

(e) the supply of further evidence;

(f) the sufficiency of evidence supplied;

(g) the consequences of failing to supply sufficient evidence in
15accordance with the regulations (including provision to
secure that, in such a case, a particular decision is made or is
to be treated as having been made);

(h) the retention or copying of evidence supplied.

(d)(d)the period within which evidence is to be supplied;

(e) 20the supply of further evidence;

(f) the sufficiency of evidence supplied;

(g) the consequences of failing to supply sufficient evidence in
accordance with the regulations (including provision to
secure that, in such a case, a particular decision is made or is
25to be treated as having been made);

(h) the retention or copying of evidence supplied.

(4) In this section “evidence” includes a photograph or other image.

(5) The Registrar General must obtain the approval of the Secretary of
State before making regulations under this section.

(6) 30The Secretary of State must consult the Registrar General before
making regulations under this section.

9F Recording of information in the register: compliance with
requirements

The registration authority must not enter in the register the
35information relating to a proposed civil partnership mentioned in
section 8(5) in a case where any of the requirements imposed by or
under any of the following provisions of this Act is applicable but is
not complied with—

• section 8A(3) to (7);

• 40section 8A(8);

• section 9(1);

• section 9A(4) or (6);

• section 18(3);

• section 19(3);

• 45paragraph 5(1) of Schedule 1;

• paragraph 4 of Schedule 23.”.

Notice period

22 In section 11 (meaning of “the waiting period”), for “15” substitute “28”.

23 (1) Section 12 (power to shorten the waiting period) is amended in accordance
50with this paragraph.

(2) In subsection (1), for “15” substitute “28”.

(3) After subsection (3) insert—

“(4) If a proposed civil partnership is referred to the Secretary of State
under section 12A—

(a) any application under subsection (1) is to be made to the
5Secretary of State; and

(b) the power conferred by subsection (1) is exercisable by the
Secretary of State.

(5) If the Secretary of State grants an application made under subsection
(1), the Secretary of State must give notice of the grant of the
10application to—

(a) the applicant,

(b) the registration authority to which notice of the proposed
civil partnership was given, and

(c) if different, the registration authority responsible for issuing
15the civil partnership schedule under section 14(1) in relation
to the proposed civil partnership.

(6) Regulations under subsection (2) do not apply to applications made
to the Secretary of State in accordance with subsection (4).

(7) The Secretary of State may by regulations make provision with
20respect to the making, and granting, of applications made in
accordance with subsection (4).

(8) The Secretary of State must consult the Registrar General before
making regulations under subsection (7).”.

Referral to Secretary of State

24 25After section 12 insert—

“12A Referral of proposed civil partnership to Secretary of State

(1) On every occasion when notice of proposed civil partnership is given
under section 8, the registration authority must decide whether or
not each of the parties to the proposed civil partnership is an exempt
30person.

(2) But this section does not apply if Schedule 3 applies to the proposed
civil partnership.

(3) In making a decision under subsection (1) about a party to a
proposed civil partnership, a registration authority may rely on any
35advice given in relation to that decision by the Secretary of State.

(4) In a case where—

(a) section 8A applies to the notice of proposed civil partnership,
and

(b) specified evidence required by section 9A(2) or (3) in relation
40to a party to the proposed civil partnership is not produced
in accordance with that section,

the registration authority must decide that that party to the proposed
civil partnership is not an exempt person.

(5) If the registration authority decides that either of the parties is not an
exempt person, or that both of the parties are not exempt persons, the
registration authority must—

(a) refer the proposed civil partnership to the Secretary of State;

(b) 5notify the parties to the proposed civil partnership that the
proposed civil partnership must be referred to the Secretary
of State;

(c) give the parties to the proposed civil partnership prescribed
information about—

(i) 10the effects of the referral;

(ii) the requirement under regulations under section 9B
to notify the Secretary of State of changes of address.

(6) The registration authority must act in accordance with regulations
when complying with the duty in subsection (5)(a) to refer a
15proposed civil partnership to the Secretary of State.

(7) Regulations may, in particular, make provision about—

(a) the form, manner or timing of the referral of a proposed civil
partnership;

(b) information, photographs or evidence — or copies of any of
20those things — to be included with the referral of a proposed
civil partnership.

(8) If the registration authority refers the proposed civil partnership to
the Secretary of State, this Act has effect in relation to the proposed
civil partnership subject to the modifications in Schedule 3A.

(9) 25In this section—

(a) a reference to a person being an exempt person has the same
meaning as in section 48 of the Immigration Act 2014;

(b) “prescribed information” means information prescribed in
regulations;

(c) 30“regulations” means regulations made by the Secretary of
State after consulting the Registrar General.”.

25 After Schedule 3 insert—

“SCHEDULE 3A

Modifications if proposed civil partnership referred under section 12A

1 Introduction

(1) These are the modifications subject to which this Act has effect if
35the registration authority refers a proposed civil partnership to the
Secretary of State.

(2) In this Schedule—

• “2014 Act” means the Immigration Act 2014;

• “referred civil partnership” means the proposed civil
  40partnership referred to the Secretary of State.

2 No civil partnership schedule to be issued until decision about investigation etc

(1) The duty under section 14(1) to issue a civil partnership schedule
in respect of the referred civil partnership does not apply unless
and until one of the following events occurs.

(2) 5Event 1 occurs if—

(a) the Secretary of State gives the registration authority or
authorities the section 47 notice, and

(b) that notice is of a decision not to investigate whether the
referred civil partnership is a sham.

(3) 10Event 2 occurs if—

(a) the relevant statutory period ends, and

(b) the Secretary of State has not given the registration
authority or authorities the section 47 notice.

(4) Event 3 occurs if—

(a) 15the Secretary of State gives the registration authority or
authorities the section 47 notice,

(b) that notice is of a decision to investigate whether the
referred civil partnership is a sham,

(c) the Secretary of State gives the registration authority or
20authorities the section 49 notice, and

(d) that notice is of a decision that both of the parties to the
referred civil partnership have complied with the
investigation.

(5) Event 4 occurs if—

(a) 25the 70 day period ends, and

(b) the Secretary of State has not given the registration
authority or authorities the section 49 notice.

(6) Event 5 occurs if the Secretary of State gives the registration
authority or authorities notice that the duty under section 14(1) is
30applicable.

(7) The Secretary of State may give a notice for that purpose only if—

(a) the Secretary of State has given the registration authority
or authorities the section 47 notice,

(b) that notice is of a decision to investigate whether the
35referred civil partnership is a sham,

(c) the Secretary of State has given the registration authority
or authorities the section 49 notice, and

(d) that notice is of a decision that one or both of the parties to
the referred civil partnership have not complied with the
40investigation.

(8) This paragraph applies in addition to any other requirements
applicable to the issue of the civil partnership schedule.

(9) This paragraph is subject to paragraph 4.

(10) In this paragraph—

• 45“70 day period” has the same meaning as in section 49 of the
  2014 Act;

Immigration BillPage 88

• “relevant statutory period” has the same meaning as in
  section 47 of the 2014 Act;

• “section 47 notice” means notice under section 47(8) of the
  2014 Act;

• 5“section 49 notice” means notice under section 49(7) of the
  2014 Act.

3 Civil partnership to be investigated: extension of waiting period to 70 days

(1) The modifications in this paragraph have effect if the Secretary of
State gives the registration authority notice under section 47(8) of
10the 2014 Act of a decision to investigate whether the referred civil
partnership is a sham.

(2) Section 11(b): the reference to the period of 28 days has effect as a
reference to the relevant 70 day period.

(3) But, for the purposes of section 10, the waiting period is not
15extended by sub-paragraph (2).

(4) In this paragraph “relevant 70 day period” means the period—

(a) beginning the day after notice of the proposed civil
partnership is recorded in the register in accordance with
section 8(5), and

(b) 20ending at the end of the period of 70 days beginning with
that day.

4 Effect of shortening waiting period

(1) This paragraph applies if—

(a) the Secretary of State gives notice under section 12(5) of the
25grant of an application made under section 12(1) (power to
shorten the waiting period) in relation to the referred civil
partnership, and

(b) that notice is given at a time when the duty under section
14(1) to issue a civil partnership schedule in respect of the
30referred civil partnership has not arisen in accordance with
paragraph 2.

(2) The duty under section 14(1) to issue a civil partnership schedule
in respect of the referred civil partnership arises on the giving of
the notice under section 12(5), subject to any other requirements
35applicable to the issue of the schedule being met.

(3) But the requirements of paragraph 2 are not applicable in such a
case.

(4) The Secretary of State is not prevented from deciding to conduct,
conducting, or continuing, an investigation if a schedule in respect
40of the referred civil partnership is issued as mentioned in sub-
paragraph (2).

(5) But in such a case, nothing in the 2014 Act requires the Secretary
of State to decide whether to conduct, or to continue, an
investigation.

(6) In this paragraph “investigation” means an investigation,
conducted following a decision by the Secretary of State under
section 47 of the 2014 Act, whether a proposed civil partnership is
a sham.”.

5Civil partnership referred to Secretary of State: issue of civil partnership schedule

26 (1) In section 14 (issue of civil partnership schedule), at the end insert—

“(6) This section has effect subject to section 14A.”.

(2) After section 14 insert—

“14A Notice of proposed civil partnership: false information or evidence

(1) 10A registration authority may refuse to issue a civil partnership
schedule under section 14(1) in a case where—

(a) notice of a proposed civil partnership has been given under
section 8, and

(b) a registration authority has reasonable grounds for
15suspecting that a relevant decision was made incorrectly
because of the provision of false information or evidence.

(2) If a registration authority refuses to issue the schedule, the parties to
the proposed civil partnership are to be taken not to have given
notice under section 8; but that does not prevent criminal
20proceedings from being brought against either party, or any other
person, in relation to the giving of the notice.

(3) This section does not limit the powers of registration authorities to
refuse to issue civil partnership schedules.

(4) In this section—

• 25“evidence” includes a photograph or other image;

• “exempt person” has the same meaning as in section 12A;

• “relevant decision” means a decision of a registration authority
  that a party to the proposed civil partnership is an exempt
  person.”.

(3) 30In section 15 (appeal against refusal to issue civil partnership schedule)—

(a) in subsection (1)(b), after “14(3)” insert “or 14A”;

(b) after subsection (2) insert—

“(3) In a case where—

(a) in reliance on section 14A, a registration authority
35refuses to issue a civil partnership schedule, and

(b) on an appeal against the refusal, the Registrar General
directs that a civil partnership schedule be issued,

section 14A(2) is of no effect — and is to be taken to have
never had any effect — in relation to the parties’ giving of
40notice under section 8.”.

(4) In section 16 (frivolous objections and representations: liability for costs
etc)—

(a) in the title, after “representations” insert “and appeals”;