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 2 — Civil partnership: England and Wales
Chapter 1 — Registration
7

15
Issue of civil partnership schedule
(1)
As soon as the waiting period in relation to each notice of proposed civil
partnership has expired, the registration authority in whose area it is proposed
that the registration take place is under a duty, at the request of one or both of
the proposed civil partners, to issue a document to be known as a “civil
5
partnership schedule”.
(2)
The civil partnership schedule must contain such information as may be
prescribed by regulations.
(3)
The duty in subsection (1) does not apply if the registration authority is not
satisfied that there is no lawful impediment to the formation of the civil
10
partnership.
(4)
If an objection to the issue of the civil partnership schedule has been recorded
in the register, no civil partnership schedule is to be issued until—
(a)
the relevant registration authority has investigated the objection and is
satisfied that the objection ought not to obstruct the issue of the civil
15
partnership schedule, or
(b)
the objection has been withdrawn by the person who made it.
(5)
“The relevant registration authority” means the authority which first records
that a notice of proposed civil partnership has been given by one of the
proposed civil partners.
20
16
Appeal against refusal to issue civil partnership schedule
(1)
If the registration authority refuses to issue a civil partnership schedule—
(a)
because an objection to its issue has been made under section 14, or
(b)
in reliance on section 15(3),

either of the proposed civil partners may appeal to the Registrar General.
25
(2)
On an appeal under this section the Registrar General must either confirm the
refusal or direct that a civil partnership schedule be issued.
17
Frivolous objections and representations: liability for costs etc.
(1)
Subsection (3) applies if—
(a)
a person objects to the issue of a civil partnership schedule, but
30
(b)
the Registrar General declares that the grounds on which the objection
is made are frivolous and ought not to obstruct the issue of the civil
partnership schedule.
(2)
Subsection (3) also applies if—
(a)
in reliance on section 15(3), the registration authority refuses to issue a
35
civil partnership schedule as a result of a representation made to it, and
(b)
on an appeal under section 16 against the refusal, the Registrar General
declares that the representation is frivolous and ought not to obstruct
the issue of the civil partnership schedule.
(3)
The person who made the objection or representation is liable for—
40
(a)
the costs of the proceedings before the Registrar General, and
(b)
damages recoverable by the proposed civil partner to whom the
objection or representation relates.

Civil Partnership Bill [HL]
Part 2 — Civil partnership: England and Wales
Chapter 1 — Registration
8

(4)
For the purpose of enabling any person to recover any such costs and damages,
a copy of a declaration of the Registrar General purporting to be sealed with
the seal of the General Register Office is evidence that the Registrar General has
made the declaration.
18
Period during which registration may take place
5
(1)
The proposed civil partners may not register as civil partners of each other on
the production of the civil partnership schedule until the waiting period in
relation to each notice of proposed civil partnership has expired.
(2)
Subject to subsection (1), under the standard procedure, they may register as
civil partners by signing the civil partnership schedule at any time during the
10
applicable period.
(3)
If they do not register as civil partners by signing the civil partnership schedule
before the end of the applicable period—
(a)
the notices of proposed civil partnership and the civil partnership
schedule are void, and
15
(b)
no civil partnership registrar may officiate at the signing of the civil
partnership schedule by them.
(4)
The applicable period, in relation to two people registering as civil partners of
each other, is the period of 12 months beginning with—
(a)
the day on which the notices of proposed civil partnership are
20
recorded, or
(b)
if the notices are not recorded on the same day, the earlier of those days.
The procedures for house-bound and detained persons
19
House-bound persons
(1)
This section applies if two people wish to register as civil partners of each other
25
at the place where one of them is house-bound.
(2)
A person is house-bound at any place if, in relation to that person, a statement
is made by a registered medical practitioner that, in his opinion—
(a)
because of illness or disability, that person ought not to move or be
moved from the place where he is at the time when the statement is
30
made, and
(b)
it is likely to be the case for at least the following 3 months that because
of the illness or disability that person ought not to move or be moved
from that place.
(3)
The procedure under which the two people concerned may register as civil
35
partners of each other is the same as the standard procedure, except that—
(a)
each notice of proposed civil partnership must be accompanied by a
statement under subsection (2) (“a medical statement”), which must
have been made not more than 14 days before the day on which the
notice is recorded,
40
(b)
the fact that the registration authority to whom the notice is given has
received the medical statement must be recorded in the register, and
(c)
the applicable period (for the purposes of section 18) is the period of 3
months beginning with—

Civil Partnership Bill [HL]
Part 2 — Civil partnership: England and Wales
Chapter 1 — Registration
9

(i)
the day on which the notices of proposed civil partnership are
recorded, or
(ii)
if the notices are not recorded on the same day, the earlier of
those days.
(4)
A medical statement must contain such information and must be made in such
5
manner as may be prescribed by regulations.
(5)
A medical statement may not be made in relation to a person who is detained
as described in section 20(2).
(6)
For the purposes of this Chapter, a person in relation to whom a medical
statement is made is to be treated, if he would not otherwise be so treated, as
10
resident and usually resident at the place where he is for the time being.
20
Detained persons
(1)
This section applies if two people wish to register as civil partners of each other
at the place where one of them is detained.
(2)
“Detained” means detained—
15
(a)
as a patient in a hospital (but otherwise than by virtue of section 2, 4, 5,
35, 36 or 136 of the Mental Health Act 1983 (c. 20) (short term
detentions)), or
(b)
in a prison or other place to which the Prison Act 1952 (c. 52) applies.
(3)
The procedure under which the two people concerned may register as civil
20
partners of each other is the same as the standard procedure, except that—
(a)
each notice of proposed civil partnership must be accompanied by a
supporting statement, which must have been made not more than 21
days before the day on which the notice is recorded,
(b)
the fact that the registration authority to whom the notice is given has
25
received the supporting statement must be recorded in the register, and
(c)
the applicable period (for the purposes of section 18) is the period of 3
months beginning with—
(i)
the day on which the notices of proposed civil partnership are
recorded, or
30
(ii)
if the notices are not recorded on the same day, the earlier of
those days.
(4)
A supporting statement, in relation to a detained person, is a statement made
by the responsible authority which—
(a)
identifies the establishment where the person is detained, and
35
(b)
states that the responsible authority has no objection to that
establishment being specified in a notice of proposed civil partnership
as the place at which the person is to register as a civil partner.
(5)
A supporting statement must contain such information and must be made in
such manner as may be prescribed by regulations.
40
(6)
“The responsible authority” means—
(a)
if the person is detained in a hospital, the hospital’s managers;
(b)
if the person is detained in a prison or other place to which the 1952 Act
applies, the governor or other officer for the time being in charge of that
prison or other place.
45

Civil Partnership Bill [HL]
Part 2 — Civil partnership: England and Wales
Chapter 1 — Registration
10

(7)
“Patient” and “hospital” have the same meaning as in Part 2 of the 1983 Act and
“managers”, in relation to a hospital, has the same meaning as in section 145(1)
of the 1983 Act.
(8)
For the purposes of this Chapter, a detained person is to be treated, if he would
not otherwise be so treated, as resident and usually resident at the place where
5
he is for the time being.
Modified procedures for certain non-residents
21
Modified procedures for certain non-residents
(1)
Subsection (5) applies in the following three cases.
(2)
The first is where—
10
(a)
two people wish to register as civil partners of each other in England
and Wales, and
(b)
one of them (“A”) resides in Scotland and the other (“B”) resides in
England or Wales.
(3)
The second is where—
15
(a)
two people wish to register as civil partners of each other in England
and Wales, and
(b)
one of them (“A”) resides in Northern Ireland and the other (“B”)
resides in England or Wales.
(4)
The third is where—
20
(a)
two people wish to register as civil partners of each other in England
and Wales, and
(b)
one of them (“A”) is a member of Her Majesty’s forces who is serving
outside the United Kingdom and the other (“B”) resides in England or
Wales.
25
(5)
For the purposes of the standard procedure, the procedure for house-bound
persons and the procedure for detained persons—
(a)
A is not required to give a notice of proposed civil partnership under
this Chapter;
(b)
B may give a notice of proposed civil partnership and make the
30
necessary declaration without regard to the requirement that would
otherwise apply that A must reside in England or Wales;
(c)
the waiting period is calculated by reference to the day on which B’s
notice is recorded;
(d)
the civil partnership schedule is not to be issued by a registration
35
authority unless A or B produces to that registration authority a
certificate of no impediment issued to A under the relevant provision;
(e)
the applicable period is calculated by reference to the day on which B’s
notice is recorded;
(f)
section 32 applies as if in subsections (1)(a) and (2)(c) for “each notice”
40
there were substituted “B’s notice”.
(6)
“The relevant provision” means—
(a)
if A resides in Scotland, section 95;
(b)
if A resides in Northern Ireland, section 146;

Civil Partnership Bill [HL]
Part 2 — Civil partnership: England and Wales
Chapter 1 — Registration
11

(c)
if A is a member of Her Majesty’s forces who is serving outside the
United Kingdom, section 231.
(7)
“Her Majesty’s forces” has the same meaning as in the Army Act 1955
(3 & 4 Eliz. 2 c. 18).
The special procedure
5
22
Notice of proposed civil partnership
(1)
For two people to register as civil partners of each other under the special
procedure, one of them must—
(a)
give a notice of proposed civil partnership to the registration authority
for the area in which it is proposed that the registration take place, and
10
(b)
comply with any requirement made under section 23.
(2)
The notice must contain such information as may be prescribed by regulations.
(3)
Subsections (3) to (6) of section 9 (necessary declaration etc.), apart from
paragraph (b) of subsection (4), apply for the purposes of this section as they
apply for the purposes of that section.
15
23
Evidence to be produced
(1)
The person giving a notice of proposed civil partnership to a registration
authority under the special procedure must produce to the authority such
evidence as the Registrar General may require to satisfy him—
(a)
that there is no lawful impediment to the formation of the civil
20
partnership,
(b)
that the conditions in subsection (2) are met, and
(c)
that there is sufficient reason why a licence should be granted.
(2)
The conditions are that one of the proposed civil partners—
(a)
is seriously ill and not expected to recover, and
25
(b)
understands the nature and purport of signing a Registrar General’s
licence.
(3)
The certificate of a registered medical practitioner is sufficient evidence of any
or all of the matters referred to in subsection (2).
24
Application to be reported to Registrar General
30
On receiving a notice of proposed civil partnership under section 22 and any
evidence under section 23, the registration authority must—
(a)
inform the Registrar General, and
(b)
comply with any directions the Registrar General may give for
verifying the evidence given.
35
25
Objection to issue of Registrar General’s licence
(1)
Any person may object to the Registrar General giving authority for the issue
of his licence by giving the Registrar General or any registration authority
notice of his objection.

Civil Partnership Bill [HL]
Part 2 — Civil partnership: England and Wales
Chapter 1 — Registration
12

(2)
A notice of objection must—
(a)
state the objector’s place of residence and the ground of objection, and
(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
5
register as soon as possible.
26
Issue of Registrar General’s licence
(1)
This section applies where a notice of proposed civil partnership is given to a
registration authority under section 22.
(2)
The registration authority may issue a Registrar General’s licence if, and only
10
if, given authority to do so by the Registrar General.
(3)
The Registrar General—
(a)
may not give his authority unless he is satisfied that one of the
proposed civil partners is seriously ill and not expected to recover, but
(b)
if so satisfied, must give his authority unless a lawful impediment to
15
the issue of his licence has been shown to his satisfaction to exist.
(4)
A licence under this section—
(a)
must state that it is issued on the authority of the Registrar General, and
(b)
must contain such other information as may be prescribed by
regulations.
20
(5)
If an objection has been made to the Registrar General giving authority for the
issue of his licence, he is not to give that authority until—
(a)
he has investigated the objection and decided whether it ought to
obstruct the issue of his licence, or
(b)
the objection has been withdrawn by the person who made it.
25
(6)
Any decision of the Registrar General under subsection (5)(a) is final.
27
Frivolous objections: liability for costs
(1)
This section applies if—
(a)
a person objects to the Registrar General giving authority for the issue
of his licence, but
30
(b)
the Registrar General declares that the grounds on which the objection
is made are frivolous and ought not to obstruct the issue of his licence.
(2)
The person who made the objection is liable for—
(a)
the costs of the proceedings before the Registrar General, and
(b)
damages recoverable by the proposed civil partner to whom the
35
objection relates.
(3)
For the purpose of enabling any person to recover any such costs and damages,
a copy of a declaration of the Registrar General purporting to be sealed with
the seal of the General Register Office is evidence that the Registrar General has
made the declaration.
40