Civil Partnership Bill [HL]

House of Commons

Session 2002 - 03
Internet Publications
Other Bills before Parliament

Civil Partnership Bill [HL]

Civil Partnership Bill [HL]
Part 4 — Civil partnership: Northern Ireland
Chapter 1 — Registration
68

Preliminaries to registration
135
Notice of proposed civil partnership
(1)
For two people to register as civil partners of each other under this Chapter,
each of them must give the registrar a notice of proposed civil partnership (a
“civil partnership notice”).
5
(2)
A civil partnership notice must be—
(a)
in the prescribed form, and
(b)
accompanied by the prescribed fee and such documents and other
information as may be prescribed.
(3)
In prescribed cases a civil partnership notice must be given to the registrar by
10
each party in person.
136
Civil partnership notice book and list of intended civil partnerships
(1)
The registrar must keep a record of—
(a)
such particulars as may be prescribed, taken from each civil
partnership notice received by him, and
15
(b)
the date on which each civil partnership notice is received by him.
(2)
In this Chapter “civil partnership notice book” means the record kept under
subsection (1).
(3)
The registrar must, in accordance with any guidance issued by the Registrar
General, place on public display a list containing in relation to each proposed
20
civil partnership in respect of which the registrar has received a civil
partnership notice—
(a)
the names of the proposed civil partners, and
(b)
the date on which it is intended to register them as civil partners of each
other.
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(4)
As soon as practicable after the date mentioned in subsection (3) the registrar
must remove from the list the names and the date mentioned in that
subsection.
(5)
Any person claiming that he may have reason to make an objection to a
proposed civil partnership may inspect any entry relating to the civil
30
partnership in the civil partnership notice book without charge.
137
Power to require evidence of name etc.
(1)
A registrar to whom a civil partnership notice is given may require the person
giving it to provide him with specified evidence relating to each proposed civil
partner.
35
(2)
Such a requirement may be imposed at any time before the registrar issues the
civil partnership schedule under section 139.
(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,
40
(b)
of the person’s age,

Civil Partnership Bill [HL]
Part 4 — Civil partnership: Northern Ireland
Chapter 1 — Registration
69

(c)
as to whether the person is or has been a civil partner or lawfully
married, and
(d)
of the person’s nationality.
138
Objections
(1)
Any person may at any time before the formation of a civil partnership in
5
Northern Ireland make an objection in writing to the registrar.
(2)
An objection on the ground that one of the proposed civil partners is incapable
of understanding the nature of civil partnership must be accompanied by a
supporting certificate signed by a medical practitioner.
(3)
If the registrar is satisfied that the objection relates to no more than a
10
misdescription or inaccuracy in the civil partnership notice, he must—
(a)
notify the proposed civil partners,
(b)
make such inquiries as he thinks fit, and
(c)
subject to the approval of the Registrar General, make any necessary
correction to any document relating to the proposed civil partnership.
15
(4)
In any other case the registrar must notify the Registrar General of the
objection.
(5)
If the Registrar General is satisfied that there is a legal impediment to the
formation of the civil partnership, he must direct the registrar to—
(a)
notify the parties, and
20
(b)
take all reasonable steps to ensure that the formation of the civil
partnership does not take place.
(6)
If subsection (5) does not apply, the Registrar General must direct the registrar
to proceed under section 139.
(7)
For the purposes of this section and section 139 there is a legal impediment to
25
the formation of a civil partnership where the proposed civil partners are not
eligible to be registered as civil partners of each other.
(8)
A person who has submitted an objection may withdraw it at any time, but the
Registrar General may have regard to an objection which has been withdrawn.
139
Civil partnership schedule
30
After the registrar receives a civil partnership notice from each of the proposed
civil partners, he must complete a civil partnership schedule in the prescribed
form, if—
(a)
he is satisfied that there is no legal impediment to the formation of the
civil partnership, or
35
(b)
the Registrar General has directed him under section 138(6) to proceed
under this section.
140
Place of registration
(1)
The place at which two people may register as civil partners of each other must
be—
40
(a)
a registration office, or
(b)
a place approved under subsection (3).

Civil Partnership Bill [HL]
Part 4 — Civil partnership: Northern Ireland
Chapter 1 — Registration
70

(2)
Subsection (1) is subject to subsections (5) and (7).
(3)
A local registration authority may, in accordance with regulations under
subsection (4), approve places where civil partnerships may be registered in its
district.
(4)
Regulations under section 155 may make provision for or in connection with
5
the approval of places under subsection (3), including provision as to—
(a)
the kinds of place in respect of which approvals may be granted,
(b)
the procedure to be followed in relation to applications for approval,
(c)
the considerations to be taken into account in determining whether to
approve any places,
10
(d)
the duration and renewal of approvals (whether for one occasion or for
a period),
(e)
the conditions that must or may be imposed on granting or renewing
an approval,
(f)
the determination and charging of fees in respect of–
15
(i)
applications for the approval of places,
(ii)
the renewal of approvals, and
(iii)
the attendance by registrars at places approved under the
regulations,
(g)
the circumstances in which a local registration authority must or may
20
revoke or suspend an approval or vary any of the conditions imposed
in relation to an approval,
(h)
the renewal of decisions made by virtue of the regulations,
(i)
appeals to a county court from decisions made by virtue of the
regulations,
25
(j)
the notification to the Registrar General of all approvals granted,
renewed, revoked, suspended or varied,
(k)
the notification to the registrar for the district in which a place
approved under the regulations is situated of all approvals relating to
such a place which are granted, renewed, revoked, suspended or
30
varied,
(l)
the keeping by the Registrar General, registrars and local registration
authorities of registers of places approved under the regulations, and
(m)
the issue by the Registrar General of guidance supplementing the
provision made by the regulations.
35
(5)
If either of the parties to a proposed civil partnership gives the registrar a
medical statement, the civil partnership may, with the approval of the
Registrar General, be registered at any place where that party is.
(6)
In subsection (5) “medical statement”, in relation to any person, means a
statement made in the prescribed form by a registered medical practitioner that
40
in his opinion at the time the statement is made—
(a)
by reason of serious illness or serious bodily injury, that person ought
not to move or be moved from the place where he is at that time, and
(b)
it is likely that it will be the case for at least the following 3 months that
by reason of illness or disability the person ought not to move or be
45
moved from that place.
(7)
If the Registrar General so directs, a registrar must register a civil partnership
in a place specified in the direction.

Civil Partnership Bill [HL]
Part 4 — Civil partnership: Northern Ireland
Chapter 1 — Registration
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Young persons
141
Parental etc. consent where proposed civil partner under 18
(1)
The consent of the appropriate persons is required before a young person and
another person may register as civil partners of each other.
(2)
Schedule 14 contains provisions—
5
(a)
for determining who are the appropriate persons for the purposes of
this section (see Part 1 of the Schedule);
(b)
for orders dispensing with consent and for recording consents and
orders (see Parts 2 and 3 of the Schedule).
(3)
Each consent required by subsection (1) must be—
10
(a)
in the prescribed form; and
(b)
produced to the registrar before the issue of the civil partnership
schedule.
(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
15
other.
(5)
In this section and Schedule 14 “young person” means a person who is under
18.
Supplementary
142
Validity of registration
20
(1)
This section applies to any legal proceedings commenced at any time after the
registration of a civil partnership is recorded under section 133.
(2)
The validity of the civil partnership must not be questioned in any such
proceedings on the ground of any contravention of a provision of, or made
under, this Act.
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143
Corrections and cancellations
(1)
Regulations under section 155 may make provision for the making of
corrections by the Registrar General or any registrar.
(2)
The Registrar General must cancel the registration of a void civil partnership
or direct the registrar to do so.
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144
Interpreters
(1)
If the registrar considers it necessary or desirable, he may use the services of an
interpreter (not being one of the civil partners or a witness).
(2)
The interpreter must—
(a)
before the registration of the civil partnership, sign a statement in
35
English that he understands, and is able to converse in, any language in
respect of which he is to act as an interpreter, and

Civil Partnership Bill [HL]
Part 4 — Civil partnership: Northern Ireland
Chapter 1 — Registration
72

(b)
immediately after the registration of the civil partnership, give the
registrar a certificate written in English and signed by the interpreter
that he has faithfully acted as the interpreter.
145
Detained persons
(1)
If—
5
(a)
one of the parties to a proposed civil partnership is detained in a prison
or as a patient in a hospital, and
(b)
the civil partnership is to be registered in that prison or hospital,

the civil partnership notice given by that party must be accompanied by a
statement to which subsection (2) applies.
10
(2)
This subsection applies to a statement which—
(a)
is made in the prescribed form by the responsible authority not more
than 21 days before the date on which the civil partnership notice is
given,
(b)
identifies the establishment where the person is detained, and
15
(c)
states that the responsible authority has no objection to that
establishment being the place of registration for that civil partnership.
(3)
In subsection (2) “responsible authority” means—
(a)
if the person named in the statement is detained in a prison, the
governor or other officer in charge of that prison;
20
(b)
if the person named in the statement is detained in a hospital or special
accommodation, the Health and Social Services Board administering
that hospital or the Department of Health, Social Services and Public
Safety, respectively;
(c)
if the person named in the statement is detained in a private hospital,
25
the person in charge of that hospital.
(4)
After the registrar receives a civil partnership notice accompanied by a
statement to which subsection (2) applies, he must notify the Registrar General
and not complete a civil partnership schedule unless the Registrar General
directs him to proceed under section 139.
30
(5)
In this section—
(a)
“prison” includes a remand centre and a young offenders centre, and
(b)
“hospital”, “patient”, “private hospital” and “special accommodation”
have the same meaning as in the Mental Health (Northern Ireland)
Order 1986 (S.I. 1986/595 (N.I. 4)).
35
146
Certificates of no impediment for Part 2 purposes
(1)
This section applies where—
(a)
two people propose to register as civil partners of each other under
Chapter 1 of Part 2, and
(b)
one of them (“A”) resides in Northern Ireland but the other (“B”) resides
40
in England or Wales.
(2)
A may give a civil partnership notice under section 135 as if A and B intended
to register as civil partners under this Chapter.

Civil Partnership Bill [HL]
Part 4 — Civil partnership: Northern Ireland
Chapter 1 — Registration
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(3)
If the registrar is satisfied that there is no legal impediment (in the sense given
in section 138(7)) to A registering as B’s civil partner, he must issue a certificate
in the prescribed form that there is not known to be any such impediment.
(4)
But the certificate may not be issued before the expiration of such period from
the date recorded under section 136(3)(b) as may be prescribed.
5
(5)
Any person may, at any time before a certificate is issued under subsection (3),
submit to the registrar an objection in writing to its issue.
(6)
Any objection made under subsection (5) must be taken into account by the
registrar in deciding whether he is satisfied that there is no legal impediment
to A registering as B’s civil partner.
10
147
Registration districts and registration authorities
(1)
Each local government district shall be a registration district and the district
council shall be the local registration authority for the purposes of this Part.
(2)
A district council shall, in the exercise of functions conferred on it as a local
registration authority—
15
(a)
act as agent for the Department of Finance and Personnel, and
(b)
act in accordance with such directions as that Department may give to
the council.
(3)
Any expenditure to be incurred by the district council in the exercise of
functions conferred on it as a local registration authority shall be subject to the
20
approval of the Registrar General.
(4)
The Department of Finance and Personnel shall retain or, as the case may be,
defray in respect of each financial year the amount of the difference between—
(a)
the aggregate of the amounts of salaries, pension provision and other
expenses payable by virtue of this Part in respect of any registration
25
district, and
(b)
the aggregate of the amounts received in that registration district under
any statutory provision or otherwise by way of fees or other expenses.
148
Registrars and other staff
(1)
A local registration authority shall, with the approval of the Registrar General,
30
appoint—
(a)
a registrar of civil partnerships, and
(b)
one or more deputy registrars of civil partnerships.
(2)
A person holding an appointment under subsection (1) may with the approval
of, and shall at the direction of, the Registrar General be removed from his
35
office of registrar or deputy registrar by the local registration authority.
(3)
A local registration authority shall, at the direction of the Registrar General,
appoint additional persons to register civil partnerships and carry out other
functions for the purposes of this Part.
(4)
A person shall not be appointed under subsection (1) or (3) if he is under the
40
age of 21.
(5)
Regulations under section 155 may confer additional functions on a person
holding an appointment under subsection (1).

Civil Partnership Bill [HL]
Part 4 — Civil partnership: Northern Ireland
Chapter 1 — Registration
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(6)
A person holding an appointment under subsection (1) shall, in exercising his
functions under this Part or any other statutory provision, be subject to such
instructions or directions as the Registrar General may give.
149
Records and documents to be sent to Registrar General
If the Registrar General directs him to do so, a person must send to the
5
Registrar General any record or document relating to civil partnerships in
accordance with the Registrar General’s directions.
150
Annual report
(1)
The Registrar General must send to the Department of Finance and Personnel
an annual report of the number of civil partnerships registered during each
10
year, together with such other information as he considers it appropriate to
include.
(2)
The Department of Finance and Personnel must lay the report before the
Northern Ireland Assembly.
151
Searches
15
(1)
The Registrar General must provide indexes to civil partnership registration
records in his custody for inspection by the public.
(2)
A registrar must provide indexes to civil partnership registration records in his
custody for inspection by the public.
(3)
Any person may, on payment of the prescribed fee—
20
(a)
search any index mentioned in subsection (1) or (2), and
(b)
require the Registrar General or, as the case may be, the registrar to give
him a document in the prescribed form relating to the registration of a
civil partnership.
(4)
The Registrar General must cause any document given by him under this
25
section or section 152 to be stamped with the seal of the General Register Office.
(5)
Judicial notice shall be taken of any document so stamped.
152
Proof of civil partnership for purposes of certain statutory provisions
(1)
Where the civil partnership of a person is required to be proved for the
purposes of any prescribed statutory provision, any person—
30
(a)
on application to the Registrar General, and
(b)
on payment of the prescribed fee,

is entitled to a document in the prescribed form relating to the registration of
the civil partnership of that person.
(2)
An application under subsection (1) must be in such form and accompanied by
35
such particulars as the Registrar General may require.
(3)
The Registrar General or any registrar may, on payment of the prescribed fee,
issue such information (including a document as mentioned in subsection (1))
as may be required for the purposes of any prescribed statutory provision.