Civil Partnership Bill [HL]

House of Commons

Session 2002 - 03
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Other Bills before Parliament

Civil Partnership Bill [HL]

Civil Partnership Bill [HL]
Schedule 2 — Civil partnerships of persons under 18: England and Wales
Part 1 — Appropriate persons
135

Schedule 2
Section 4(2) and 5(3)

Civil partnerships of persons under 18: England and Wales
Part 1
Appropriate persons
1
Column 2 of the table specifies the appropriate persons (or person) to give
5
consent to a child whose circumstances fall within column 1 and who
intends to register as the civil partner of another—

Case
Appropriate persons

1
The circumstances do
Each of the following—

not fall within any of
(a)
any parent of the child who

10

items 2 to 8.
has parental responsibility for

him, and

(b)
any guardian of the child.

2
A special guardianship
Each of the child’s special guardians.

order is in force with

15

respect to the child and

the circumstances do

not fall within any of

items 3 to 7.

3
A care order has effect
Each of the following—

20

with respect to the child
(a)
the local authority designated

and the circumstances
in the order, and

do not fall within item
(b)
each parent, guardian or

5.
special guardian (in so far as

their parental responsibility

25

has not been restricted under

section 33(3) of the 1989 Act).

4
A residence order has
Each of the persons with whom the

effect with respect to
child lives, or is to live, as a result of

the child and the
the order.

30

circumstances do not

fall within item 5.

5
An adoption agency is
Either—

authorised to place the
(a)
the adoption agency, or

child for adoption
(b)
if a care order has effect with

35

under section 19 of the
respect to the child, the local

2002 Act.
authority designated in the

order.

6
A placement order is in
The local authority authorised by the

force with respect to the
placement order to place the child for

40

child.
adoption.

Civil Partnership Bill [HL]
Schedule 2 — Civil partnerships of persons under 18: England and Wales
Part 2 — Obtaining consent: general
136

Case
Appropriate persons

7
The child has been
The prospective adopters (in so far as

placed for adoption
their parental responsibility has not

with prospective
been restricted under section 25(4) of

adopters.
the 2002 Act), in addition to any

5

person specified in relation to item 5

or 6.

8
The circumstances do
The persons with whom the child

not fall within any of
lived, or was to live, as a result of the

items 2 to 7, but a
order.

10

residence order was in

force with respect to the

child immediately

before he reached 16.

2
In the table—
15

“the 1989 Act” means the Children Act 1989 (c. 41) and “guardian of a
child”, “parental responsibility”, “residence order”, “special
guardian”, “special guardianship order” and “care order” have the
same meaning as in that Act;

“the 2002 Act” means the Adoption and Children Act 2002 (c. 38) and
20
“adoption agency”, “placed for adoption”, “placement order” and
“local authority” have the same meaning as in that Act;

“appropriate local authority” means the local authority authorised by
the placement order to place the child for adoption.
Part 2
25
Obtaining consent: general
Consent of appropriate person unobtainable
3     (1)
This paragraph applies if—
(a)
a child and another person intend to register as civil partners of each
other under any procedure other than the special procedure, and
30
(b)
the registration authority to whom the child gives a notice of
proposed civil partnership is satisfied that the consent of a person
whose consent is required (“A”) cannot be obtained because A is
absent, inaccessible or under a disability.
      (2)
If there is any other person whose consent is also required, the registration
35
authority must dispense with the need for A’s consent.
      (3)
If no other person’s consent is required—
(a)
the Registrar General may dispense with the need for any consent, or
(b)
the court may, on an application being made to it, consent to the
child registering as the civil partner of the person mentioned in sub-
40
paragraph (1)(a).
      (4)
The consent of the court under sub-paragraph (3)(b) has the same effect as if
it had been given by A.

Civil Partnership Bill [HL]
Schedule 2 — Civil partnerships of persons under 18: England and Wales
Part 2 — Obtaining consent: general
137

Consent of appropriate person refused
4     (1)
This paragraph applies if—
(a)
a child and another person intend to register as civil partners of each
other under any procedure other than the special procedure, and
(b)
any person whose consent is required refuses his consent.
5
      (2)
The court may, on an application being made to it, consent to the child
registering as the civil partner of the person mentioned in sub-paragraph
(1)(a).
      (3)
The consent of the court under sub-paragraph (2) has the same effect as if it
had been given by the person who has refused his consent.
10
Declaration
5
If one of the proposed civil partners is a child and is not a surviving civil
partner, the necessary declaration under section 8 must also—
(a)
state in relation to each appropriate person—
(i)
that that person’s consent has been obtained,
15
(ii)
that the need to obtain that person’s consent has been
dispensed with under paragraph 3, or
(iii)
that the court has given consent under paragraph 3 or 4, or
(b)
state that no person exists whose consent is required to a civil
partnership between the child and another person.
20
Forbidding proposed civil partnership
6     (1)
This paragraph applies if it has been recorded in the register that a notice of
proposed civil partnership between a child and another person has been
given.
      (2)
Any person whose consent is required to a child and another person
25
registering as civil partners of each other may forbid the issue of a civil
partnership schedule by giving any registration authority written notice that
he forbids it.
      (3)
A notice under sub-paragraph (2) must specify—
(a)
the name of the person giving it,
30
(b)
his place of residence, and
(c)
the capacity, in relation to either of the proposed civil partners, in
which he forbids the issue of the civil partnership schedule.
      (4)
On receiving the notice, the registration authority must as soon as is
practicable record in the register the fact that the issue of a civil partnership
35
schedule has been forbidden.
      (5)
If the issue of a civil partnership schedule has been forbidden under this
paragraph, the notice of proposed civil partnership and all proceedings on
it are void.
      (6)
Sub-paragraphs (2) and (5) do not apply if the court has given its consent
40
under paragraph 3 or 4.

Civil Partnership Bill [HL]
Schedule 2 — Civil partnerships of persons under 18: England and Wales
Part 3 — Obtaining consent: special procedure
138

Evidence
7     (1)
This paragraph applies if, for the purpose of obtaining a civil partnership
schedule, a person declares that the consent of any person or persons whose
consent is required under section 4 has been given.
      (2)
The registration authority may refuse to issue the civil partnership schedule
5
unless satisfied by the production of written evidence that the consent of
that person or those persons has in fact been given.
Issue of civil partnership schedule
8
The duty in section 14(1) to issue a civil partnership schedule does not apply
if its issue has been forbidden under paragraph 6.
10
9
If a proposed civil partnership is between a child and another person, the
civil partnership schedule must contain a statement that the issue of the civil
partnership schedule has not been forbidden under paragraph 6.
Part 3
Obtaining consent: special procedure
15
Consent of appropriate person unobtainable or refused
10    (1)
Sub-paragraph (2) applies if—
(a)
a child and another person intend to register as civil partners of each
other under the special procedure, and
(b)
the Registrar General is satisfied that the consent of a person (“A”)
20
whose consent is required cannot be obtained because A is absent,
inaccessible, or under a disability.
      (2)
If this sub-paragraph applies—
(a)
the Registrar General may dispense with the need for A’s consent
(whether or not there is any other person whose consent is also
25
required), or
(b)
the court may, on application being made, consent to the child
registering as the civil partner of the person mentioned in sub-
paragraph (1)(a).
      (3)
The consent of the court under sub-paragraph (2)(b) has the same effect as if
30
it had been given by A.
      (4)
Sub-paragraph (5) applies if—
(a)
a child and another person intend to register as civil partners of each
other under the special procedure, and
(b)
any person whose consent is required refuses his consent.
35
      (5)
The court may, on application being made, consent to the child registering
as the civil partner of the person mentioned in sub-paragraph (4)(a).
      (6)
The consent of the court under sub-paragraph (5) has the same effect as if it
had been given by the person who has refused his consent.
Declaration
40
11
If one of the proposed civil partners is a child and is not a surviving civil
partner, the necessary declaration under section 8 must also—

Civil Partnership Bill [HL]
Schedule 2 — Civil partnerships of persons under 18: England and Wales
Part 4 — Provisions relating to the court
139

(a)
state in relation to each appropriate person—
(i)
that that person’s consent has been obtained,
(ii)
that the need to obtain that person’s consent has been
dispensed with under paragraph 10(2), or
(iii)
that the court has given consent under paragraph 10(2) or (5),
5
or
(b)
state that no person exists whose consent is required to a civil
partnership between the child and another person.
Forbidding proposed civil partnership
12
Paragraph 6 applies in relation to the special procedure as if—
10
(a)
any reference to forbidding the issue of a civil partnership schedule
were a reference to forbidding the Registrar General to give
authority for the issue of his licence, and
(b)
sub-paragraph (6) referred to the court giving its consent under
paragraph 10(2) or (5).
15
Evidence
13    (1)
This paragraph applies—
(a)
if a child and another person intend to register as civil partners of
each other under the special procedure, and
(b)
the consent of any person (“A”) is required to the child registering as
20
the civil partner of that person.
      (2)
The person giving the notice (under section 21) of proposed civil partnership
to the registration authority must produce to the authority such evidence as
the Registrar General may require to satisfy him that A’s consent has in fact
been given.
25
      (3)
The power to require evidence under sub-paragraph (2) is in addition to the
power to require evidence under section 22.
Issue of Registrar General’s licence
14
The duty of the Registrar General under section 25(3)(b) to give authority for
the issue of his licence does not apply if he has been forbidden to do so by
30
virtue of paragraph 12.
Part 4
Provisions relating to the court
15    (1)
For the purposes of Parts 2 and 3 of this Schedule, “the court” means—
(a)
the High Court,
35
(b)
the county court of the district in which any applicant or respondent
resides, or
(c)
a magistrates’ court acting in the local justice area in which any
applicant or respondent resides.
      (2)
Rules of court may be made for enabling applications under Part 2 or 3 of
40
this Schedule—
(a)
if made to the High Court, to be heard in chambers;

Civil Partnership Bill [HL]
Schedule 3 — Registration by former spouses one of whom has changed sex
140

(b)
if made to the county court, to be heard and determined by the
district judge subject to appeal to the judge;
(c)
if made to a magistrates’ court, to be heard and determined
otherwise than in open court.
      (3)
Rules of court must provide that, where an application is made in
5
consequence of a refusal to give consent, notice of the application is to be
served on the person who has refused consent.
Schedule 3
Section 5(2)

Registration by former spouses one of whom has changed sex
Application of Schedule
10
1
This Schedule applies if—
(a)
a court—
(i)
makes absolute a decree of nullity granted on the ground that
an interim gender recognition certificate has been issued to a
party to the marriage, or
15
(ii)
(in Scotland) grants a decree of divorce on that ground,

and, on doing so, issues a full gender recognition certificate (under
section 5(1) of the Gender Recognition Act 2004 (c. 7)) to that party,
and
(b)
the parties wish to register in England or Wales as civil partners of
20
each other without being delayed by the waiting period.
The relevant period
2
For the purposes of this Schedule the relevant period is the period—
(a)
beginning with the issue of the full gender recognition certificate,
and
25
(b)
ending at the end of 1 month from the day on which it is issued.
Modifications of standard procedure and procedures for house-bound and detained persons
3
If—
(a)
each of the parties gives a notice of proposed civil partnership during
the relevant period, and
30
(b)
on doing so, each makes an election under this paragraph,

Chapter 1 of Part 2 applies with the modifications given in paragraphs 4 to 6.
4     (1)
Omit—
(a)
section 10 (proposed civil partnership to be publicised);
(b)
section 11 (meaning of “the waiting period”);
35
(c)
section 12 (power to shorten the waiting period).
      (2)
In section 14 (issue of civil partnership schedule), for subsection (1)
substitute—
“(1)
As soon as the notices of proposed civil partnership have been given,
the registration authority in whose area it is proposed that the
40
registration take place must, at the request of one or both of the

Civil Partnership Bill [HL]
Schedule 3 — Registration by former spouses one of whom has changed sex
141

proposed civil partners, issue a document to be known as a “civil
partnership schedule”.”
      (3)
For section 17 (period during which registration may take place)
substitute—
“18
Period during which registration may take place
5
(1)
The proposed civil partners may register as civil partners by signing
the civil partnership schedule at any time during the applicable
period.
(2)
If they do not register as civil partners by signing the civil
partnership schedule before the end of the applicable period—
10
(a)
the notices of proposed civil partnership and the civil
partnership schedule are void, and
(b)
no civil partnership registrar may officiate at the signing of
the civil partnership schedule by them.
(3)
The applicable period, in relation to two people registering as civil
15
partners of each other, is the period of 1 month beginning with—
(a)
the day on which the notices of proposed civil partnership
are given, or
(b)
if the notices are not given on the same day, the earlier of
those days.”
20
5
In section 18 (house-bound persons), in subsection (3)—
(a)
treat the reference to the standard procedure as a reference to the
standard procedure as modified by this Schedule, and
(b)
omit paragraph (c) (which provides for a 3 month registration
period).
25
6
In section 19 (detained persons), in subsection (3)—
(a)
treat the reference to the standard procedure as a reference to the
standard procedure as modified by this Schedule, and
(b)
omit paragraph (c) (which provides for a 3 month registration
period).
30
Modified procedures for certain non-residents
7     (1)
Sub-paragraphs (5) to (8) apply (in place of section 20) in the following three
cases.
      (2)
The first is where—
(a)
two people wish to register as civil partners of each other in England
35
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—
(a)
two people wish to register as civil partners of each other in England
40
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—