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 5 — Civil partnership formed or dissolved abroad etc.
Chapter 1 — Registration outside UK under Order in Council
97

Part 5
Civil partnership formed or dissolved abroad etc.
Chapter 1
Registration outside UK under Order in Council
202
Registration at British consulates etc.
5
(1)
Her Majesty may by Order in Council make provision for two people to
register as civil partners of each other—
(a)
in prescribed countries or territories outside the United Kingdom, and
(b)
in the presence of a prescribed officer of Her Majesty’s Diplomatic
Service,
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in cases where the officer is satisfied that the conditions in subsection (2) are
met.
(2)
The conditions are that—
(a)
at least one of the proposed civil partners is a United Kingdom national,
(b)
the proposed civil partners would have been eligible to register as civil
15
partners of each other in such part of the United Kingdom as is
determined in accordance with the Order,
(c)
the authorities of the country or territory in which it is proposed that
they register as civil partners will not object to the registration, and
(d)
insufficient facilities exist for them to enter into an overseas
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relationship under the law of that country or territory.
(3)
An officer is not required to allow two people to register as civil partners of
each other if in his opinion the formation of a civil partnership between them
would be inconsistent with international law or the comity of nations.
(4)
An Order in Council under this section may make provision for appeals
25
against a refusal, in reliance on subsection (3), to allow two people to register
as civil partners of each other.
(5)
An Order in Council under this section may provide that two people who
register as civil partners of each other under such an Order are to be treated for
the purposes of sections 213(1)(c)(i) and (2)(c)(i), 214(c), 216(b), 217(1)(c)(i) and
30
(3)(c)(i), 221(1)(c)(i) and (2)(c)(i), 222(c) and 224(b) and section 1(3)(c)(i) of the
Presumption of Death (Scotland) Act 1977 (c. 27) as if they had done so in the
part of the United Kingdom determined as mentioned in subsection (2)(b).
203
Registration by armed forces personnel
(1)
Her Majesty may by Order in Council make provision for two people to
35
register as civil partners of each other—
(a)
in prescribed countries or territories outside the United Kingdom, and
(b)
in the presence of an officer appointed by virtue of the Registration of
Births, Deaths and Marriages (Special Provisions) Act 1957 (c. 58),

in cases where the officer is satisfied that the conditions in subsection (2) are
40
met.
(2)
The conditions are that—
(a)
at least one of the proposed civil partners—

Civil Partnership Bill [HL]
Part 5 — Civil partnership formed or dissolved abroad etc.
Chapter 2 — Overseas relationships treated as civil partnerships
98

(i)
is a member of a part of Her Majesty’s forces serving in the
country or territory,
(ii)
is employed in the country or territory in such other capacity as
may be prescribed, or
(iii)
is a child of a person falling within sub-paragraph (i) or (ii) and
5
has his home with that person in that country or territory,
(b)
the proposed civil partners would have been eligible to register as civil
partners of each other in such part of the United Kingdom as is
determined in accordance with the Order, and
(c)
such other requirements as may be prescribed are complied with.
10
(3)
In determining for the purposes of subsection (2) whether one person is the
child of another, a person who is or was treated by another as a child of the
family in relation to—
(a)
a marriage to which the other is or was a party, or
(b)
a civil partnership in which the other is or was a civil partner,
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is to be regarded as the other’s child.
(4)
An Order in Council under this section may provide that two people who
register as civil partners of each other under such an Order are to be treated for
the purposes of section 213(1)(c)(i) and (2)(c)(i), 214(c), 216(b), 217(1)(c)(i) and
(3)(c)(i), 221(1)(c)(i) and (2)(c)(i), 222(c) and 224(b) and section 1(3)(c)(i) of the
20
Presumption of Death (Scotland) Act 1977 (c. 27) as if they had done so in the
part of the United Kingdom determined in accordance with subsection (2)(b).
(5)
Any references in this section—
(a)
to a country or territory outside the United Kingdom,
(b)
to forces serving in such a country or territory, and
25
(c)
to persons employed in such a country or territory,

include references to ships which are for the time being in the waters of a
country or territory outside the United Kingdom, to forces serving in any such
ship and to persons employed in any such ship.
Chapter 2
30
Overseas relationships treated as civil partnerships
204
Meaning of “overseas relationship”
(1)
For the purposes of this Act an overseas relationship is a relationship which—
(a)
is either a specified relationship or a relationship which meets the
general conditions, and
35
(b)
is registered (whether before or after the passing of this Act) in a
country or territory outside the United Kingdom, by two people—
(i)
who under the relevant law are of the same sex at the time when
they do so, and
(ii)
neither of whom is already a civil partner or lawfully married.
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(2)
In this Chapter, “the relevant law” means the law of the country or territory
where the relationship is registered (including its rules of private international
law).

Civil Partnership Bill [HL]
Part 5 — Civil partnership formed or dissolved abroad etc.
Chapter 2 — Overseas relationships treated as civil partnerships
99

205
Specified relationships
(1)
A specified relationship is a relationship which is specified for the purposes of
section 204 by Schedule 21.
(2)
The Secretary of State may by order amend Schedule 21 by—
(a)
adding a relationship,
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(b)
amending the description of a relationship, or
(c)
omitting a relationship.
(3)
No order may be made under this section without the consent of the Scottish
Ministers and the Department of Finance and Personnel.
(4)
The power to make an order under this section is exercisable by statutory
10
instrument.
(5)
An order which contains any provision (whether alone or with other
provisions) amending Schedule 21 by—
(a)
amending the description of a relationship, or
(b)
omitting a relationship,
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may not be made unless a draft of the statutory instrument containing the
order is laid before, and approved by a resolution of, each House of Parliament.
(6)
A statutory instrument containing any other order under this section is subject
to annulment in pursuance of a resolution of either House of Parliament.
206
The general conditions
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The general conditions are that, under the relevant law—
(a)
the relationship may not be entered into if either of the parties is
already a party to a relationship of that kind or lawfully married,
(b)
the relationship is of indeterminate duration,
(c)
the effect of entering into it is that the parties are—
25
(i)
treated as a couple either generally or for specified purposes, or
(ii)
treated as married, and
(d)
the process of entering into the relationship requires the parties (at or
about the time of entering into it) to register their relationship with a
responsible authority in the country or territory where it is entered into.
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207
Overseas relationships treated as civil partnerships: the general rule
(1)
Two people are to be treated as having formed a civil partnership as a result of
having registered an overseas relationship if, under the relevant law, they—
(a)
had capacity to enter into the relationship, and
(b)
met all requirements necessary to ensure the formal validity of the
35
relationship.
(2)
Subject to subsection (3), the time when they are to be treated as having formed
the civil partnership is the time when the overseas relationship is registered
(under the relevant law) as having been entered into.
(3)
If the overseas relationship is registered (under the relevant law) as having
40
been entered into before this section comes into force, the time when they are
to be treated as having formed a civil partnership is the time when this section
comes into force.

Civil Partnership Bill [HL]
Part 5 — Civil partnership formed or dissolved abroad etc.
Chapter 2 — Overseas relationships treated as civil partnerships
100

(4)
This section is subject to sections 208, 209 and 210.
208
The same-sex requirement
(1)
Two people are not to be treated as having formed a civil partnership as a result
of having registered an overseas relationship if, at the critical time, they were
not of the same sex under United Kingdom law.
5
(2)
But if a full gender recognition certificate is issued under the 2004 Act to a
person who has registered an overseas relationship which is within subsection
(4), after the issue of the certificate the relationship is no longer prevented from
being treated as a civil partnership on the ground that, at the critical time, the
parties were not of the same sex.
10
(3)
However, subsection (2) does not apply to an overseas relationship which is
within subsection (4) if either of the parties has formed a subsequent civil
partnership or lawful marriage.
(4)
An overseas relationship is within this subsection if (and only if)—
(a)
at the time mentioned in section 207(2), one of the parties (“A”) was
15
regarded under the relevant law as having changed gender (but was
not regarded under United Kingdom law as having done so), and
(b)
the other party was (under United Kingdom law) of the gender to
which A had changed under the relevant law.
(5)
In this section—
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“the critical time” means the time determined in accordance with section
207(2) or (as the case may be) (3);

“the 2004 Act” means the Gender Recognition Act 2004 (c. 7);

“United Kingdom law” means any enactment or rule of law applying in
England and Wales, Scotland and Northern Ireland.
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209
Person domiciled in a part of the United Kingdom
(1)
Subsection (2) applies if an overseas relationship has been registered by a
person who was at the time mentioned in section 207(2) domiciled in England
and Wales.
(2)
The two people concerned are not to be treated as having formed a civil
30
partnership if, at the time mentioned in section 207(2)—
(a)
either of them was under 16, or
(b)
they would have been within prohibited degrees of relationship under
Part 1 of Schedule 2 if they had been registering as civil partners of each
other in England and Wales.
35
(3)
Subsection (4) applies if an overseas relationship has been registered by a
person who at the time mentioned in section 207(2) was domiciled in Scotland.
(4)
The two people concerned are not to be treated as having formed a civil
partnership if, at the time mentioned in section 207(2), they were not eligible by
virtue of paragraph (b), (c) or (e) of section 84(1) to register in Scotland as civil
40
partners of each other.
(5)
Subsection (6) applies if an overseas relationship has been registered by a
person who at the time mentioned in section 207(2) was domiciled in Northern
Ireland.

Civil Partnership Bill [HL]
Part 5 — Civil partnership formed or dissolved abroad etc.
Chapter 3 — Dissolution etc.: jurisdiction and recognition
101

(6)
The two people concerned are not to be treated as having formed a civil
partnership if, at the time mentioned in section 207(2)—
(a)
either of them was under 16, or
(b)
they would have been within prohibited degrees of relationship under
Schedule 13 if they had been registering as civil partners of each other
5
in Northern Ireland.
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The public policy exception
Two people are not to be treated as having formed a civil partnership as a result
of having entered into an overseas relationship if it would be manifestly
contrary to public policy to recognise the capacity, under the relevant law, of
10
one or both of them to enter into the relationship.
Chapter 3
Dissolution etc.: jurisdiction and recognition
Introduction
211
Power to make provision corresponding to EC Regulation 2201/2003
15
(1)
The Lord Chancellor may by regulations make provision—
(a)
as to the jurisdiction of courts in England and Wales or Northern
Ireland in proceedings for the dissolution or annulment of a civil
partnership or for legal separation of the civil partners in cases where a
civil partner—
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(i)
is or has been habitually resident in a member State,
(ii)
is a national of a member State, or
(iii)
is domiciled in a part of the United Kingdom or the Republic of
Ireland, and
(b)
as to the recognition in England and Wales or Northern Ireland of any
25
judgment of a court of another member State which orders the
dissolution or annulment of a civil partnership or the legal separation
of the civil partners.
(2)
The Scottish Ministers may by regulations make provision—
(a)
as to the jurisdiction of courts in Scotland in proceedings for the
30
dissolution or annulment of a civil partnership or for legal separation
of the civil partners in such cases as are mentioned in subsection (1)(a),
and
(b)
as to the recognition in Scotland of any such judgment as is mentioned
in subsection (1)(b).
35
(3)
The regulations may in particular make provision corresponding to that made
by Council Regulation (EC) No 2201/2003 of 27th November 2003 in relation
to jurisdiction and the recognition and enforcement of judgments in
matrimonial matters.
(4)
The regulations may provide that for the purposes of this Part and the
40
regulations “member State” means—
(a)
all member States with the exception of such member States as are
specified in the regulations, or

Civil Partnership Bill [HL]
Part 5 — Civil partnership formed or dissolved abroad etc.
Chapter 3 — Dissolution etc.: jurisdiction and recognition
102

(b)
such member States as are specified in the regulations.
(5)
Regulations under subsection (1) are to be made by statutory instrument and
may only be made if a draft has been laid before and approved by resolution
of each House of Parliament.
(6)
Regulations under subsection (2) are to be made by statutory instrument and
5
may only be made if a draft has been laid before and approved by resolution
of the Scottish Parliament.
(7)
In this Part “section 211 regulations” means regulations made under this
section.
Jurisdiction of courts in England and Wales
10
212
Meaning of “the court”
In sections 213 to 216 “the court” means—
(a)
the High Court, or
(b)
if a county court has jurisdiction by virtue of Part 5 of the Matrimonial
and Family Proceedings Act 1984 (c. 42), a county court.
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213
Proceedings for dissolution, separation or nullity order
(1)
The court has jurisdiction to entertain proceedings for a dissolution order or a
separation order if (and only if)—
(a)
the court has jurisdiction under section 211 regulations,
(b)
no court has, or is recognised as having, jurisdiction under section 211
20
regulations and either civil partner is domiciled in England and Wales
on the date when the proceedings are begun, or
(c)
the following conditions are met—
(i)
the two people concerned registered as civil partners of each
other in England or Wales,
25
(ii)
no court has, or is recognised as having, jurisdiction under
section 211 regulations, and
(iii)
it appears to the court to be in the interests of justice to assume
jurisdiction in the case.
(2)
The court has jurisdiction to entertain proceedings for a nullity order if (and
30
only if)—
(a)
the court has jurisdiction under section 211 regulations,
(b)
no court has, or is recognised as having, jurisdiction under section 211
regulations and either civil partner—
(i)
is domiciled in England and Wales on the date when the
35
proceedings are begun, or
(ii)
died before that date and either was at death domiciled in
England and Wales or had been habitually resident in England
and Wales throughout the period of 1 year ending with the date
of death, or
40
(c)
the following conditions are met—
(i)
the two people concerned registered as civil partners of each
other in England or Wales,

Civil Partnership Bill [HL]
Part 5 — Civil partnership formed or dissolved abroad etc.
Chapter 3 — Dissolution etc.: jurisdiction and recognition
103

(ii)
no court has, or is recognised as having, jurisdiction under
section 211 regulations, and
(iii)
it appears to the court to be in the interests of justice to assume
jurisdiction in the case.
(3)
At any time when proceedings are pending in respect of which the court has
5
jurisdiction by virtue of subsection (1) or (2) (or this subsection), the court also
has jurisdiction to entertain other proceedings, in respect of the same civil
partnership, for a dissolution, separation or nullity order, even though that
jurisdiction would not be exercisable under subsection (1) or (2).
214
Proceedings for presumption of death order
10
The court has jurisdiction to entertain proceedings for a presumption of death
order if (and only if)—
(a)
the applicant is domiciled in England and Wales on the date when the
proceedings are begun,
(b)
the applicant was habitually resident in England and Wales throughout
15
the period of 1 year ending with that date, or
(c)
the two people concerned registered as civil partners of each other in
England and Wales and it appears to the court to be in the interests of
justice to assume jurisdiction in the case.
215
Proceedings for dissolution, nullity or separation order: supplementary
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(1)
Rules of court may make provision in relation to civil partnerships
corresponding to the provision made in relation to marriages by Schedule 1 to
the Domicile and Matrimonial Proceedings Act 1973 (c. 45).
(2)
The rules may in particular make provision—
(a)
for the provision of information by applicants and respondents in
25
proceedings for dissolution, nullity or separation orders where
proceedings relating to the same civil partnership are continuing in
another jurisdiction, and
(b)
for proceedings before the court to be stayed by the court where there
are concurrent proceedings elsewhere in respect of the same civil
30
partnership.
216
Applications for declarations as to validity etc.
The court has jurisdiction to entertain an application under section 58 if (and
only if)—
(a)
either of the civil partners in the civil partnership to which the
35
application relates—
(i)
is domiciled in England and Wales on the date of the
application,
(ii)
has been habitually resident in England and Wales throughout
the period of 1 year ending with that date, or
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(iii)
died before that date and either was at death domiciled in
England and Wales or had been habitually resident in England
and Wales throughout the period of 1 year ending with the date
of death, or