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 1 — Introduction
1

A
Bill
[AS AMENDED IN STANDING COMMITTEE D]
To
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:—
Part 1
Introduction
1
Civil partnership
(1)
A civil partnership is a relationship 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
with this Act.

Bill 168 – I 53/3

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

(5)
References in this Act to an overseas relationship are to be read in accordance
with Chapter 2 of Part 5.
Part 2
Civil partnership: England and Wales
Chapter 1
5
Registration
Formation, eligibility and parental etc. consent
2
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
10
partnership document—
(a)
at the invitation of, and in the presence of, a civil partnership registrar,
and
(b)
in the presence of each other and two witnesses.
(2)
Subsection (1) applies regardless of whether subsections (3) and (4) are
15
complied with.
(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.
20
(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
other, and
(b)
any other information prescribed by regulations,
25

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 7(1).
(7)
“The relevant registration authority” means the registration authority in whose
30
area the registration takes place.
3
Eligibility
(1)
Two people are not eligible to register as civil partners of each other if—
(a)
they are not of the same sex,
(b)
either of them is already a civil partner or lawfully married,
35
(c)
either of them is under 16, or
(d)
they are within prohibited degrees of relationship.
(2)
Part 1 of Schedule 1 contains provisions for determining when two people are
within prohibited degrees of relationship.

Civil Partnership Bill [HL]
Part 2 — Civil partnership: England and Wales
Chapter 1 — Registration
3

4
Parental etc. consent where proposed civil partner under 18
(1)
The consent of the appropriate persons is required before a child and another
person may register as civil partners of each other.
(2)
Part 1 of Schedule 2 contains provisions for determining who are the
appropriate persons for the purposes of this section.
5
(3)
The requirement of consent under subsection (1) does not apply if the child is
a surviving civil partner.
(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
other.
10
(5)
In this Part “child”, except where used to express a relationship, means a
person who is under 18.
Registration procedure: general
5
Types of pre-registration procedure
(1)
Two people may register as civil partners of each other under—
15
(a)
the standard procedure;
(b)
the procedure for house-bound persons;
(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).
20
(2)
The procedures referred to in subsection (1)(a) to (c) are subject to—
(a)
section 20 (modified procedures for certain non-residents);
(b)
Schedule 3 (former spouses one of whom has changed sex).
(3)
The procedures referred to in subsection (1) (including the procedures as
modified by section 20 and Schedule 3) are subject to—
25
(a)
Part 2 of Schedule 1 (provisions applicable in connection with
prohibited degrees of relationship), and
(b)
Parts 2 and 3 of Schedule 2 (provisions applicable where proposed civil
partner is under 18).
(4)
This section is also subject to section 249 and Schedule 23 (immigration control
30
and formation of civil partnerships).
6
Place of registration
(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
35
(c)
must be specified in the notices, or notice, of proposed civil partnership
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.
40

Civil Partnership Bill [HL]
Part 2 — Civil partnership: England and Wales
Chapter 1 — Registration
4

(3)
In the case of registration under the standard procedure (including that
procedure modified as mentioned in section 5), the place—
(a)
must be one which is open to any person wishing to attend the
registration, and
(b)
before being specified in a notice of proposed civil partnership, must be
5
agreed with the registration authority in whose area that place is
located.
(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
civil partnerships.
10
7
The civil partnership document
(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—
15
(a)
the civil partnership document must be delivered to the civil
partnership registrar, and
(b)
the civil partnership registrar may then ask them for any information
required (under section 2(4)) to be recorded in the register.
The standard procedure
20
8
Notice of proposed civil partnership and declaration
(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,
and
25
(b)
have resided in England or Wales for at least 7 days immediately before
giving the notice.
(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
30
declaration, made and signed by the person giving the notice—
(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.
35
(4)
The necessary declaration is a solemn declaration in writing—
(a)
that the proposed civil partner believes that there is no impediment of
kindred or affinity or other lawful hindrance to the formation of the
civil partnership;
(b)
that each of the proposed civil partners has had a usual place of
40
residence in England or Wales for at least 7 days immediately before
giving the notice.

Civil Partnership Bill [HL]
Part 2 — Civil partnership: England and Wales
Chapter 1 — Registration
5

(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.
5
(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.
10
9
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
evidence—
(a)
relating to that person, or
15
(b)
if the registration authority considers that the circumstances are
exceptional, relating not only to that person but also to that person’s
proposed civil partner.
(2)
Such a requirement may be imposed at any time before the registration
authority issues the civil partnership schedule under section 14.
20
(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,
(b)
of the person’s age,
(c)
as to whether the person has previously formed a civil partnership or a
25
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
that person.
30
10
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
period—
(a)
by that registration authority,
35
(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
notice,
(c)
by any registration authority in whose area the proposed civil partner
of the person giving the notice has resided during the period of 7 days
40
preceding the giving of that notice,
(d)
by the registration authority in whose area the place specified in the
notice as the place of proposed registration is located, and
(e)
by the Registrar General.
(2)
“The relevant information” means—
45

Civil Partnership Bill [HL]
Part 2 — Civil partnership: England and Wales
Chapter 1 — Registration
6

(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.
11
Meaning of “the waiting period”
In this Chapter “the waiting period”, in relation to a notice of proposed civil
5
partnership, means the period—
(a)
beginning the day after the notice is recorded, and
(b)
subject to section 12, ending at the end of the period of 15 days
beginning with that day.
12
Power to shorten the waiting period
10
(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 11(b), he may
shorten it to such period as he considers appropriate.
(2)
Regulations may make provision with respect to the making, and granting, of
15
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
authority on behalf of the Registrar General in such classes of case as
are prescribed by the regulations;
20
(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).
13
Objection to proposed civil partnership
(1)
Any person may object to the issue of a civil partnership schedule under
25
section 14 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
(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
30
the fact that it has been given and the information in it are recorded in the
register as soon as possible.
14
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
35
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
partnership schedule”.
(2)
Regulations may make provision as to the contents of a civil partnership
schedule.
40

Civil Partnership Bill [HL]
Part 2 — Civil partnership: England and Wales
Chapter 1 — Registration
7

(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
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—
5
(a)
the relevant registration authority has investigated the objection and is
satisfied that the objection ought not to obstruct the issue of the civil
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
10
that a notice of proposed civil partnership has been given by one of the
proposed civil partners.
15
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 13, or
15
(b)
in reliance on section 14(3),

either of the proposed civil partners may appeal to the Registrar General.
(2)
On an appeal under this section the Registrar General must either confirm the
refusal or direct that a civil partnership schedule be issued.
16
Frivolous objections and representations: liability for costs etc.
20
(1)
Subsection (3) applies if—
(a)
a person objects to the issue of a civil partnership schedule, but
(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.
25
(2)
Subsection (3) also applies if—
(a)
in reliance on section 14(3), the registration authority refuses to issue a
civil partnership schedule as a result of a representation made to it, and
(b)
on an appeal under section 15 against the refusal, the Registrar General
declares that the representation is frivolous and ought not to obstruct
30
the issue of the civil partnership schedule.
(3)
The person who made the objection or representation 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
objection or representation relates.
35
(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.
17
Period during which registration may take place
40
(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.