|
| |
|
| |
| |
| |
| |
| |
Make provision for and in connection with civil partnership. |
|
| |
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and |
| |
consent of the Lords Spiritual and Temporal, and Commons, in this present |
| |
Parliament assembled, and by the authority of the same, as follows:— |
| |
| |
| |
| |
(1) | A civil partnership is a relationship between two people in the categories set |
| |
out in section 2 or between two people of the same sex (“civil partners”)— |
| 5 |
(a) | which is formed when they register as civil partners of each other— |
| |
(i) | in England or Wales (under Part 2), |
| |
(ii) | in Scotland (under Part 3), |
| |
(iii) | in Northern Ireland (under Part 4), or |
| |
(iv) | outside the United Kingdom under an Order in Council made |
| 10 |
under Chapter 1 of Part 5 (registration at British consulates etc. |
| |
or by armed forces personnel), or |
| |
(b) | which they are treated under Chapter 2 of Part 5 as having formed (at |
| |
the time determined under that Chapter) by virtue of having registered |
| |
an overseas relationship. |
| 15 |
(2) | Subsection (1) is subject to the provisions of this Act under or by virtue of |
| |
which a civil partnership is void. |
| |
(3) | A civil partnership ends only on death, dissolution or annulment. |
| |
(4) | The references in subsection (3) to dissolution and annulment are to |
| |
dissolution and annulment having effect under or recognised in accordance |
| 20 |
| |
(5) | References in this Act to an overseas relationship are to be read in accordance |
| |
with Chapter 2 of Part 5. |
| |
|
| |
| |
|
| |
|
2 | Categories of civil partners other than same sex couples |
| |
(1) | Two persons within the specified degrees of family relationship, both of whom |
| |
are aged over thirty years, shall be eligible to register as civil partners provided |
| |
that they have lived together for a continuous period of twelve years |
| |
immediately prior to the date of registration. |
| 5 |
(2) | Schedule 1 contains provisions for determining when two people are within |
| |
the specified degrees of family relationship. |
| |
| |
Civil partnership: England and Wales |
| |
| 10 |
| |
Formation, eligibility and parental etc. consent |
| |
3 | Formation of civil partnership by registration |
| |
(1) | For the purposes of section 1, two people are to be regarded as having |
| |
registered as civil partners of each other once each of them has signed the civil |
| 15 |
| |
(a) | at the invitation of, and in the presence of, a civil partnership registrar, |
| |
| |
(b) | in the presence of each other and two witnesses. |
| |
(2) | Subsection (1) applies regardless of whether subsections (3) and (4) are |
| 20 |
| |
(3) | After the civil partnership document has been signed under subsection (1), it |
| |
must also be signed, in the presence of the civil partners and each other, by— |
| |
(a) | each of the two witnesses, and |
| |
(b) | the civil partnership registrar. |
| 25 |
(4) | After the witnesses and the civil partnership registrar have signed the civil |
| |
partnership document, the relevant registration authority must ensure that— |
| |
(a) | the fact that the two people have registered as civil partners of each |
| |
| |
(b) | any other information prescribed by regulations, |
| 30 |
| is recorded in the register as soon as is practicable. |
| |
(5) | No religious service is to be used while the civil partnership registrar is |
| |
officiating at the signing of a civil partnership document. |
| |
(6) | “The civil partnership document” has the meaning given by section 8(1). |
| |
(7) | “The relevant registration authority” means the registration authority in whose |
| 35 |
area the registration takes place. |
| |
| |
(1) | Subject to subsection (2), two people are not eligible to register as civil partners |
| |
| |
|
| |
|
| |
|
(a) | they are not of the same sex, |
| |
(b) | either of them is already a civil partner or lawfully married, |
| |
(c) | either of them is under 16, or |
| |
(d) | they are within prohibited degrees of relationship. |
| |
(2) | Subsection (1)(a) and (d) shall not apply in the case of two people who wish to |
| 5 |
register as civil partners under section 2. |
| |
(3) | Part 1 of Schedule 2 contains provisions for determining when two people are |
| |
within prohibited degrees of relationship. |
| |
5 | Parental etc. consent where proposed civil partner under 18 |
| |
(1) | The consent of the appropriate persons is required before a child and another |
| 10 |
person may register as civil partners of each other. |
| |
(2) | Part 1 of Schedule 3 contains provisions for determining who are the |
| |
appropriate persons for the purposes of this section. |
| |
(3) | The requirement of consent under subsection (1) does not apply if the child is |
| |
a surviving civil partner. |
| 15 |
(4) | Nothing in this section affects any need to obtain the consent of the High Court |
| |
before a ward of court and another person may register as civil partners of each |
| |
| |
(5) | In this Part “child”, except where used to express a relationship, means a |
| |
| 20 |
Registration procedure: general |
| |
6 | Types of pre-registration procedure |
| |
(1) | Two people may register as civil partners of each other under— |
| |
(a) | the standard procedure; |
| |
(b) | the procedure for house-bound persons; |
| 25 |
(c) | the procedure for detained persons; |
| |
(d) | the special procedure (which is for cases where a person is seriously ill |
| |
and not expected to recover). |
| |
(2) | The procedures referred to in subsection (1)(a) to (c) are subject to section 21 |
| |
(modified procedures for certain non-residents). |
| 30 |
(3) | The procedures referred to in subsection (1)(a) to (c) (including those |
| |
procedures as modified by section 21) are subject to Schedule 4 (former |
| |
spouses one of whom has changed sex). |
| |
(4) | The procedures referred to in subsection (1) (including the procedures as |
| |
modified by section 21 and Schedule 4) are subject to— |
| 35 |
(a) | Part 2 of Schedule 2 (provisions applicable in connection with |
| |
prohibited degrees of relationship), and |
| |
(b) | Parts 2 and 3 of Schedule 3 (provisions applicable where proposed civil |
| |
| |
|
| |
|
| |
|
| |
(1) | The place at which two people may register as civil partners of each other— |
| |
(a) | must be in England or Wales, |
| |
(b) | must not be in religious premises, and |
| |
(c) | must be specified in the notices, or notice, of proposed civil partnership |
| 5 |
required by this Chapter. |
| |
(2) | “Religious premises” means premises— |
| |
(a) | designed for use solely or mainly for religious purposes, or |
| |
(b) | in use solely or mainly for religious purposes. |
| |
(3) | In the case of registration under the standard procedure (including that |
| 10 |
procedure modified as mentioned in section 6(2) to (4)), the place— |
| |
(a) | must be one which is open to any person wishing to attend the |
| |
| |
(b) | before being specified in a notice of proposed civil partnership, must be |
| |
agreed with the registration authority in whose area that place is |
| 15 |
| |
(4) | If the place specified in a notice is not so agreed, the notice is void. |
| |
(5) | A registration authority may provide a place in its area for the registration of |
| |
| |
8 | The civil partnership document |
| 20 |
(1) | In this Part “the civil partnership document” means— |
| |
(a) | in relation to the special procedure, a Registrar General’s licence, and |
| |
(b) | in relation to any other procedure, a civil partnership schedule. |
| |
(2) | Before two people are entitled to register as civil partners of each other— |
| |
(a) | the civil partnership document must be delivered to the civil |
| 25 |
partnership registrar, and |
| |
(b) | the civil partnership registrar may then ask them for any information |
| |
required (under section 3(4)) to be recorded in the register. |
| |
| |
9 | Notice of proposed civil partnership and declaration |
| 30 |
(1) | For two people to register as civil partners of each other under the standard |
| |
procedure, each of them must— |
| |
(a) | give a notice of proposed civil partnership to a registration authority, |
| |
| |
(b) | have resided in England or Wales for at least 7 days immediately before |
| 35 |
| |
(2) | A notice of proposed civil partnership must contain such information as may |
| |
be prescribed by regulations. |
| |
(3) | A notice of proposed civil partnership must also include the necessary |
| |
declaration, made and signed by the person giving the notice— |
| 40 |
(a) | at the time when the notice is given, and |
| |
|
| |
|
| |
|
(b) | in the presence of an authorised person; |
| |
| and the authorised person must attest the declaration by adding his name, |
| |
description and place of residence. |
| |
(4) | The necessary declaration is a solemn declaration in writing— |
| |
(a) | that the proposed civil partner believes that there is no impediment of |
| 5 |
kindred or affinity or other lawful hindrance to the formation of the |
| |
| |
(b) | that each of the proposed civil partners has had a usual place of |
| |
residence in England or Wales for at least 7 days immediately before |
| |
| 10 |
(5) | Where a notice of proposed civil partnership is given to a registration authority |
| |
in accordance with this section, the registration authority must ensure that the |
| |
following information is recorded in the register as soon as possible— |
| |
(a) | the fact that the notice has been given and the information in it; |
| |
(b) | the fact that the authorised person has attested the declaration. |
| 15 |
(6) | “Authorised person” means an employee or officer or other person provided |
| |
by a registration authority who is authorised by that authority to attest notices |
| |
of proposed civil partnership. |
| |
(7) | For the purposes of this Chapter, a notice of proposed civil partnership is |
| |
recorded when subsection (5) is complied with. |
| 20 |
10 | Power to require evidence of name etc. |
| |
(1) | The registration authority to which a notice of proposed civil partnership is |
| |
given may require the person giving the notice to provide it with specified |
| |
| |
(a) | relating to that person, or |
| 25 |
(b) | if the registration authority considers that the circumstances are |
| |
exceptional, relating not only to that person but also to that person’s |
| |
| |
(2) | Such a requirement may be imposed at any time before the registration |
| |
authority issues the civil partnership schedule under section 15. |
| 30 |
(3) | “Specified evidence”, in relation to a person, means such evidence as may be |
| |
specified in guidance issued by the Registrar General— |
| |
(a) | of the person’s name and surname, |
| |
| |
(c) | as to whether the person has previously formed a civil partnership or a |
| 35 |
marriage and, if so, as to the ending of the civil partnership or marriage, |
| |
(d) | of the person’s nationality, and |
| |
(e) | as to the person’s residence in England or Wales during the period of 7 |
| |
days preceding the giving of a notice of proposed civil partnership by |
| |
| 40 |
11 | Proposed civil partnership to be publicised |
| |
(1) | Where a notice of proposed civil partnership has been given to a registration |
| |
authority, the relevant information must be publicised during the waiting |
| |
| |
(a) | by that registration authority, |
| 45 |
|
| |
|
| |
|
(b) | by any registration authority in whose area the person giving the notice |
| |
has resided during the period of 7 days preceding the giving of the |
| |
| |
(c) | by the registration authority in whose area the place specified in the |
| |
notice as the place of proposed registration is located, and |
| 5 |
(d) | by the Registrar General. |
| |
(2) | “The relevant information” means— |
| |
(a) | the name of the person giving the notice, |
| |
(b) | the name of that person’s proposed civil partner, and |
| |
(c) | such other information as may be prescribed by regulations. |
| 10 |
12 | Meaning of “the waiting period” |
| |
In this Chapter “the waiting period”, in relation to a notice of proposed civil |
| |
partnership, means the period— |
| |
(a) | beginning the day after the notice is recorded, and |
| |
(b) | subject to section 13, ending at the end of the period of 15 days |
| 15 |
| |
13 | Power to shorten the waiting period |
| |
(1) | If the Registrar General, on an application being made to him, is satisfied that |
| |
there are compelling reasons because of the exceptional circumstances of the |
| |
case for shortening the period of 15 days mentioned in section 12(b), he may |
| 20 |
shorten it to such period as he considers appropriate. |
| |
(2) | Regulations may make provision with respect to the making, and granting, of |
| |
applications under subsection (1). |
| |
(3) | Regulations under subsection (2) may provide for— |
| |
(a) | the power conferred by subsection (1) to be exercised by a registration |
| 25 |
authority on behalf of the Registrar General in such classes of case as |
| |
are prescribed by the regulations; |
| |
(b) | the making of an appeal to the Registrar General against a decision |
| |
taken by a registration authority in accordance with regulations made |
| |
by virtue of paragraph (a). |
| 30 |
14 | Objection to proposed civil partnership |
| |
(1) | Any person may object to the issue of a civil partnership schedule under |
| |
section 15 by giving any registration authority notice of his objection. |
| |
(2) | A notice of objection must— |
| |
(a) | state the objector’s place of residence and the ground of objection, and |
| 35 |
(b) | be signed by or on behalf of the objector. |
| |
(3) | If a notice of objection is given to a registration authority, it must ensure that |
| |
the fact that it has been given and the information in it are recorded in the |
| |
register as soon as possible. |
| |
|
| |
|