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Civil Partnership Bill [HL]


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

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25      

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 21.

(2)   

The registration authority may issue a Registrar General’s licence if, and only

if, given authority to do so by the Registrar General.

5

(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

the issue of his licence has been shown to his satisfaction to exist.

10

(4)   

A licence under this section must state that it is issued on the authority of the

Registrar General.

(5)   

Regulations may (subject to subsection (4)) make provision as to the contents

of a licence under this section.

(6)   

If an objection has been made to the Registrar General giving authority for the

15

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the objection has been withdrawn by the person who made it.

(7)   

Any decision of the Registrar General under subsection (6)(a) is final.

20

26      

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

(b)   

the Registrar General declares that the grounds on which the objection

25

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

objection relates.

30

(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.

27      

Period during which registration may take place

35

(1)   

If a Registrar General’s licence has been issued under section 25, the proposed

civil partners may register as civil partners by signing it at any time within 1

month from the day on which the notice of proposed civil partnership was

given.

(2)   

If they do not register as civil partners by signing the licence within the 1 month

40

period—

(a)   

the notice of proposed civil partnership and the licence are void, and

 

 

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

13

 

(b)   

no civil partnership registrar may officiate at the signing of the licence

by them.

Supplementary

28      

Registration authorities

In this Chapter “registration authority” means—

5

(a)   

in relation to England, a county council, the council of any district

comprised in an area for which there is no county council, a London

borough council, the Common Council of the City of London or the

Council of the Isles of Scilly;

(b)   

in relation to Wales, a county council or a county borough council.

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29      

Civil partnership registrars

(1)   

A civil partnership registrar is an individual who is designated by a

registration authority as a civil partnership registrar for its area.

(2)   

It is the duty of each registration authority to ensure that there is a sufficient

number of civil partnership registrars for its area to carry out in that area the

15

functions of civil partnership registrars.

(3)   

Each registration authority must inform the Registrar General as soon as is

practicable—

(a)   

of any designation it has made of a person as a civil partnership

registrar, and

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(b)   

of the ending of any such designation.

(4)   

The Registrar General must make available to the public a list—

(a)   

of civil partnership registrars, and

(b)   

of the registration authorities for which they are designated to act.

30      

The Registrar General and the register

25

(1)   

In this Chapter “the Registrar General” means the Registrar General for

England and Wales.

(2)   

The Registrar General must provide a system for keeping any records that

relate to civil partnerships and are required by this Chapter to be made.

(3)   

The system may, in particular, enable those records to be kept together with

30

other records kept by the Registrar General.

(4)   

In this Chapter “the register” means the system for keeping records provided

under subsection (2).

31      

Offences relating to civil partnership schedule

(1)   

A person commits an offence if he issues a civil partnership schedule knowing

35

that he does so—

(a)   

before the waiting period in relation to each notice of proposed civil

partnership has expired,

(b)   

after the end of the applicable period, or

 

 

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

14

 

(c)   

at a time when its issue has been forbidden under Schedule 2 by a

person entitled to forbid its issue.

(2)   

A person commits an offence if, in his actual or purported capacity as a civil

partnership registrar, he officiates at the signing of a civil partnership schedule

by proposed civil partners knowing that he does so—

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(a)   

at a place other than the place specified in the notices of proposed civil

partnership and the civil partnership schedule,

(b)   

in the absence of a civil partnership registrar,

(c)   

before the waiting period in relation to each notice of proposed civil

partnership has expired, or

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(d)   

even though the civil partnership is void under section 49(b) or (c).

(3)   

A person guilty of an offence under subsection (1) or (2) is liable on conviction

on indictment to imprisonment for a term not exceeding 5 years or to a fine (or

both).

(4)   

A prosecution under this section may not be commenced more than 3 years

15

after the commission of the offence.

32      

Offences relating to Registrar General’s licence

(1)   

A person commits an offence if—

(a)   

he gives information by way of evidence in response to a requirement

under section 22(1), knowing that the information is false;

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(b)   

he gives a certificate as provided for by section 22(3), knowing that the

certificate is false.

(2)   

A person commits an offence if, in his actual or purported capacity as a civil

partnership registrar, he officiates at the signing of a Registrar General’s

licence by proposed civil partners knowing that he does so—

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(a)   

at a place other than the place specified in the licence,

(b)   

in the absence of a civil partnership registrar,

(c)   

after the end of 1 month from the day on which the notice of proposed

civil partnership was given, or

(d)   

even though the civil partnership is void under section 49(b) or (c).

30

(3)   

A person guilty of an offence under subsection (1) or (2) is liable—

(a)   

on conviction on indictment, to imprisonment not exceeding 3 years or

to a fine (or both);

(b)   

on summary conviction, to a fine not exceeding the statutory

maximum.

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(4)   

A prosecution under this section may not be commenced more than 3 years

after the commission of the offence.

33      

Offences relating to the recording of civil partnerships

(1)   

A civil partnership registrar commits an offence if he refuses or fails to comply

with the provisions of this Chapter or of any regulations made under section

40

36.

(2)   

A civil partnership registrar guilty of an offence under subsection (1) is liable—

(a)   

on conviction on indictment, to imprisonment for a term not exceeding

2 years or to a fine (or both);

 

 

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

15

 

(b)   

on summary conviction, to a fine not exceeding the statutory

maximum;

   

and on conviction shall cease to be a civil partnership registrar.

(3)   

A person commits an offence if—

(a)   

under arrangements made by a registration authority for the purposes

5

of section 2(4), he is under a duty to record information required to be

recorded under section 2(4), but

(b)   

he refuses or without reasonable cause omits to do so.

(4)   

A person guilty of an offence under subsection (3) is liable on summary

conviction to a fine not exceeding level 3 on the standard scale.

10

(5)   

A person commits an offence if he records in the register information relating

to the formation of a civil partnership by the signing of a civil partnership

schedule, knowing that the civil partnership is void under section 49(b) or (c).

(6)   

A person guilty of an offence under subsection (5) is liable on conviction on

indictment, to imprisonment for a term not exceeding 5 years or to a fine (or

15

both).

(7)   

A person commits an offence if he records in the register information relating

to the formation of a civil partnership by the signing of a Registrar General’s

licence, knowing that the civil partnership is void under section 49(b) or (c).

(8)   

A person guilty of an offence under subsection (7) is liable—

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(a)   

on conviction on indictment, to imprisonment for a term not exceeding

3 years or to a fine (or both);

(b)   

on summary conviction, to a fine not exceeding the statutory

maximum.

(9)   

A prosecution under subsection (5) or (7) may not be commenced more than 3

25

years after the commission of the offence.

34      

Fees

(1)   

The Chancellor of the Exchequer may by order provide for fees, of such

amounts as may be specified in the order, to be payable to such persons as may

be prescribed by the order in respect of—

30

(a)   

the giving of a notice of proposed civil partnership and the attestation

of the necessary declaration;

(b)   

the making of an application under section 12(1) (application to reduce

waiting period);

(c)   

the issue of a Registrar General’s licence;

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(d)   

the attendance of the civil partnership registrar when two people sign

the civil partnership document;

(e)   

such other services provided in connection with civil partnerships

either by registration authorities or by or on behalf of the Registrar

General as may be prescribed by the order.

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(2)   

The Registrar General may remit the fee for the issue of his licence in whole or

in part in any case where it appears to him that the payment of the fee would

cause hardship to the proposed civil partners.

 

 

 
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