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25 | Issue of Registrar General’s licence |
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(1) | This section applies where a notice of proposed civil partnership is given to a |
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registration authority under section 21. |
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(2) | The registration authority may issue a Registrar General’s licence if, and only |
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if, given authority to do so by the Registrar General. |
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(3) | The Registrar General— |
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(a) | may not give his authority unless he is satisfied that one of the |
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proposed civil partners is seriously ill and not expected to recover, but |
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(b) | if so satisfied, must give his authority unless a lawful impediment to |
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the issue of his licence has been shown to his satisfaction to exist. |
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(4) | A licence under this section must state that it is issued on the authority of the |
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(5) | Regulations may (subject to subsection (4)) make provision as to the contents |
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of a licence under this section. |
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(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— |
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(a) | he has investigated the objection and decided whether it ought to |
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obstruct the issue of his licence, or |
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(b) | the objection has been withdrawn by the person who made it. |
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(7) | Any decision of the Registrar General under subsection (6)(a) is final. |
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26 | Frivolous objections: liability for costs |
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(1) | This section applies if— |
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(a) | a person objects to the Registrar General giving authority for the issue |
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(b) | the Registrar General declares that the grounds on which the objection |
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is made are frivolous and ought not to obstruct the issue of his licence. |
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(2) | The person who made the objection is liable for— |
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(a) | the costs of the proceedings before the Registrar General, and |
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(b) | damages recoverable by the proposed civil partner to whom the |
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| 30 |
(3) | For the purpose of enabling any person to recover any such costs and damages, |
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a copy of a declaration of the Registrar General purporting to be sealed with |
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the seal of the General Register Office is evidence that the Registrar General has |
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27 | Period during which registration may take place |
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(1) | If a Registrar General’s licence has been issued under section 25, the proposed |
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civil partners may register as civil partners by signing it at any time within 1 |
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month from the day on which the notice of proposed civil partnership was |
| |
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(2) | If they do not register as civil partners by signing the licence within the 1 month |
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(a) | the notice of proposed civil partnership and the licence are void, and |
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(b) | no civil partnership registrar may officiate at the signing of the licence |
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28 | Registration authorities |
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In this Chapter “registration authority” means— |
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(a) | in relation to England, a county council, the council of any district |
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comprised in an area for which there is no county council, a London |
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borough council, the Common Council of the City of London or the |
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Council of the Isles of Scilly; |
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(b) | in relation to Wales, a county council or a county borough council. |
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29 | Civil partnership registrars |
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(1) | A civil partnership registrar is an individual who is designated by a |
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registration authority as a civil partnership registrar for its area. |
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(2) | It is the duty of each registration authority to ensure that there is a sufficient |
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number of civil partnership registrars for its area to carry out in that area the |
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functions of civil partnership registrars. |
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(3) | Each registration authority must inform the Registrar General as soon as is |
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(a) | of any designation it has made of a person as a civil partnership |
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(b) | of the ending of any such designation. |
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(4) | The Registrar General must make available to the public a list— |
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(a) | of civil partnership registrars, and |
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(b) | of the registration authorities for which they are designated to act. |
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30 | The Registrar General and the register |
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(1) | In this Chapter “the Registrar General” means the Registrar General for |
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(2) | The Registrar General must provide a system for keeping any records that |
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relate to civil partnerships and are required by this Chapter to be made. |
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(3) | The system may, in particular, enable those records to be kept together with |
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other records kept by the Registrar General. |
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(4) | In this Chapter “the register” means the system for keeping records provided |
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31 | Offences relating to civil partnership schedule |
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(1) | A person commits an offence if he issues a civil partnership schedule knowing |
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(a) | before the waiting period in relation to each notice of proposed civil |
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(b) | after the end of the applicable period, or |
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|
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|
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(c) | at a time when its issue has been forbidden under Schedule 2 by a |
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person entitled to forbid its issue. |
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(2) | A person commits an offence if, in his actual or purported capacity as a civil |
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partnership registrar, he officiates at the signing of a civil partnership schedule |
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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 |
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partnership and the civil partnership schedule, |
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(b) | in the absence of a civil partnership registrar, |
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(c) | before the waiting period in relation to each notice of proposed civil |
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partnership has expired, or |
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(d) | even though the civil partnership is void under section 49(b) or (c). |
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(3) | A person guilty of an offence under subsection (1) or (2) is liable on conviction |
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on indictment to imprisonment for a term not exceeding 5 years or to a fine (or |
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(4) | A prosecution under this section may not be commenced more than 3 years |
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after the commission of the offence. |
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32 | Offences relating to Registrar General’s licence |
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(1) | A person commits an offence if— |
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(a) | he gives information by way of evidence in response to a requirement |
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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 |
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(2) | A person commits an offence if, in his actual or purported capacity as a civil |
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partnership registrar, he officiates at the signing of a Registrar General’s |
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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, |
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(b) | in the absence of a civil partnership registrar, |
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(c) | after the end of 1 month from the day on which the notice of proposed |
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civil partnership was given, or |
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(d) | even though the civil partnership is void under section 49(b) or (c). |
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(3) | A person guilty of an offence under subsection (1) or (2) is liable— |
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(a) | on conviction on indictment, to imprisonment not exceeding 3 years or |
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(b) | on summary conviction, to a fine not exceeding the statutory |
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(4) | A prosecution under this section may not be commenced more than 3 years |
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after the commission of the offence. |
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33 | Offences relating to the recording of civil partnerships |
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(1) | A civil partnership registrar commits an offence if he refuses or fails to comply |
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with the provisions of this Chapter or of any regulations made under section |
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(2) | A civil partnership registrar guilty of an offence under subsection (1) is liable— |
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(a) | on conviction on indictment, to imprisonment for a term not exceeding |
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2 years or to a fine (or both); |
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|
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(b) | on summary conviction, to a fine not exceeding the statutory |
| |
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| and on conviction shall cease to be a civil partnership registrar. |
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(3) | A person commits an offence if— |
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(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. |
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(4) | A person guilty of an offence under subsection (3) is liable on summary |
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conviction to a fine not exceeding level 3 on the standard scale. |
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(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 |
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schedule, knowing that the civil partnership is void under section 49(b) or (c). |
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(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 |
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(7) | A person commits an offence if he records in the register information relating |
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to the formation of a civil partnership by the signing of a Registrar General’s |
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licence, knowing that the civil partnership is void under section 49(b) or (c). |
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(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 |
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3 years or to a fine (or both); |
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(b) | on summary conviction, to a fine not exceeding the statutory |
| |
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(9) | A prosecution under subsection (5) or (7) may not be commenced more than 3 |
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years after the commission of the offence. |
| |
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(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— |
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(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 |
| |
| |
(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. |
| 40 |
(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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