|
| |
|
| |
An authorised registrar who receives a request in writing from one or both of |
| |
two intended civil partners that they should be registered as civil partners of |
| |
each other on a date specified in the request (being a date 14 days or fewer after |
| |
publicisation by the district registrar under subsection (1) of section 90) may, |
| 5 |
provided that he is authorised to do so by the Registrar General, fix that date |
| |
as the date for registration; and if a date is so fixed, paragraph (b) of subsection |
| |
(2) of that section is to be construed as if it were a reference to that date. |
| |
92 | Objections to registration |
| |
(1) | Any person may at any time before the registration in Scotland of two people |
| 10 |
as civil partners of each other submit in writing an objection to such |
| |
registration to the district registrar. |
| |
(2) | But where the objection is that the intended civil partners are not eligible to be |
| |
in civil partnership with each other because either is incapable of— |
| |
(a) | understanding the nature of civil partnership, or |
| 15 |
(b) | validly consenting to its formation, |
| |
| it shall be accompanied by a supporting certificate signed by a registered |
| |
| |
(3) | A person claiming that he may have reason to submit such an objection may, |
| |
free of charge and at any time when the registration office at which a notice of |
| 20 |
proposed civil partnership to which the objection would relate is open for |
| |
public business, inspect any relevant entry in the civil partnership book. |
| |
(4) | Where the district registrar receives an objection in accordance with subsection |
| |
| |
(a) | in any case where he is satisfied that the objection relates to no more |
| 25 |
than a misdescription or inaccuracy in a notice submitted under section |
| |
| |
(i) | notify the intended civil partners of the nature of the objection |
| |
and make such enquiries into the matter mentioned in it as he |
| |
| 30 |
(ii) | subject to the approval of the Registrar General, make any |
| |
necessary correction to any document relating to the proposed |
| |
| |
| |
(i) | at once notify the Registrar General of the objection, and |
| 35 |
(ii) | pending consideration of the objection by the Registrar General, |
| |
suspend the completion or issue of the civil partnership |
| |
schedule in respect of the proposed civil partnership. |
| |
(5) | If the Registrar General is satisfied, on consideration of an objection of which |
| |
he has received notification under subsection (4)(b)(i) that— |
| 40 |
(a) | there is a legal impediment to registration, he must direct the district |
| |
registrar not to register the intended civil partners and to notify them |
| |
| |
(b) | there is no such impediment, he must inform the district registrar to |
| |
| 45 |
|
| |
|
| |
|
(6) | For the purposes of this section and section 94, there is a legal impediment to |
| |
registration where the intended civil partners are not eligible to be in civil |
| |
partnership with each other. |
| |
| |
(1) | Two people may be registered as civil partners of each other at a registration |
| 5 |
office or any other place which they and the local registration authority agree |
| |
is to be the place of registration. |
| |
(2) | But the place must not be one where persons are known to meet for public |
| |
worship or one known to be regarded by persons of a religious faith as a place |
| |
| 10 |
(3) | “Local registration authority” has the meaning given by section 5(3) of the 1965 |
| |
Act; and “known” means known to the local registration authority. |
| |
94 | The civil partnership schedule |
| |
| |
(a) | the district registrar has received a notice of proposed civil partnership |
| 15 |
in respect of each of the intended civil partners and— |
| |
(i) | is satisfied that there is no legal impediment to their registration |
| |
as civil partners of each other, or |
| |
(ii) | as the case may be, is informed under section 92(5)(b) that there |
| |
| 20 |
(b) | the 14 days mentioned in paragraph (b) of section 90(2) have expired |
| |
(or as the case may be the date which, by virtue of section 91, that |
| |
paragraph is to be construed as a reference to has been reached), and |
| |
(c) | the period which has elapsed since the day of receipt of the notices by |
| |
him (or, if the two notices were not received on the same day, since the |
| 25 |
day of receipt of the later) does not exceed 3 months, |
| |
he is to complete a civil partnership schedule in the prescribed form. |
| |
95 | Further provision as to registration |
| |
(1) | Before the persons present sign in accordance with section 85 the authorised |
| |
registrar is to require the intended civil partners to confirm that (to the best of |
| 30 |
their knowledge) the particulars set out in the civil partnership schedule are |
| |
| |
(2) | As soon as practicable after the civil partnership schedule has been signed, the |
| |
authorised registrar must cause those particulars to be entered in a register (to |
| |
be known as the “civil partnership register”) supplied to him for that purpose |
| 35 |
by the Registrar General. |
| |
(3) | The form and content of any page of that register is to be prescribed. |
| |
(4) | A fee payable by the intended civil partners for their registration as civil |
| |
partners of each other is to be prescribed. |
| |
96 | Civil partnership with former spouse |
| 40 |
(1) | Where an intended civil partner has a full gender recognition certificate issued |
| |
under section 5(1) of the Gender Recognition Act 2004 (c. 7) and the other |
| |
|
| |
|
| |
|
intended civil partner was the other party in the proceedings in which the |
| |
certificate was issued, the procedures for their registration as civil partners of |
| |
| |
(a) | if they so elect, and |
| |
(b) | if each of them submits a notice under section 88(1) within 30 days after |
| 5 |
the certificate is issued, |
| |
| |
(2) | The registration may take place on any of the 30 days immediately following— |
| |
(a) | that on which the notices are submitted, or |
| |
(b) | (if the two notices are not submitted on the same day) that on which the |
| 10 |
| |
(3) | And accordingly there are to be disregarded— |
| |
| |
(i) | in subsection (2)(b), the words from “being” to the end, and |
| |
| 15 |
| |
(c) | in section 94, paragraph (b). |
| |
97 | Certificates of no impediment for Part 2 purposes |
| |
(1) | This section applies where— |
| |
(a) | two people propose to register as civil partners of each other under |
| 20 |
| |
(b) | one of them (“A”) resides in Scotland but the other (“B”) resides in |
| |
| |
(2) | A may submit a notice of intention to register under section 88 as if A and B |
| |
intended to register as civil partners in the district in which A resides. |
| 25 |
(3) | If the district registrar is satisfied (after consultation, if he considers it |
| |
necessary, with the Registrar General) that there is no impediment (in terms of |
| |
section 92(6)) to A registering as B’s civil partner, he must issue a certificate to |
| |
A in the prescribed form that there is not known to be any such impediment. |
| |
(4) | But the certificate may not be issued to A earlier than 14 days after the receipt |
| 30 |
(as entered in the civil partnership notice book) of the notice under subsection |
| |
| |
(a) | the circumstances are as mentioned in section 96(1), and |
| |
(b) | A makes an election for the certificate to be issued as soon as possible. |
| |
(5) | Any person may, at any time before a certificate is issued under subsection (3), |
| 35 |
submit to the district registrar an objection in writing to its issue. |
| |
(6) | Any objection made under subsection (5) must be taken into account by the |
| |
district registrar in deciding whether he is satisfied that there is no legal |
| |
impediment to A registering as B’s civil partner. |
| |
98 | Application of certain sections of 1965 Act to civil partnership register |
| 40 |
Sections 34 (examination of registers by district examiners), 37(1) and (2) |
| |
(search of indexes kept by registrars), 38(1) and (2) (search of indexes kept by |
| |
Registrar General) and 44 (Register of Corrections etc.) of the 1965 Act apply in |
| |
|
| |
|
| |
|
relation to the civil partnership register as they apply in relation to the registers |
| |
of births, deaths and marriages. |
| |
99 | Correction of errors in civil partnership register |
| |
(1) | No alteration is to be made in the civil partnership register except as authorised |
| |
by or under this or any other Act (“Act” including an Act of the Scottish |
| 5 |
| |
(2) | Any clerical error in the register or error in it of a kind prescribed may be |
| |
corrected by the district registrar. |
| |
(3) | The Registrar General may authorise district examiners (“district examiner” |
| |
having the meaning given by section 2(1) of the 1965 Act) to correct any error |
| 10 |
in the register of a type specified by him which they discover during an |
| |
examination under section 34 of the 1965 Act. |
| |
| |
(1) | A person (“A”) commits an offence who registers in Scotland as the civil |
| |
partner of another person (“B”) knowing that either or both— |
| 15 |
(a) | A is already married to or in civil partnership with a person other than |
| |
| |
(b) | B is already married to or in civil partnership with a person other than |
| |
| |
(2) | A person commits an offence who knowingly— |
| 20 |
(a) | falsifies or forges any civil partnership document (that is to say, any |
| |
document issued or made, or purporting to be issued or made, or |
| |
required, under this Part), |
| |
(b) | uses, or gives or sends to any person as genuine, any false or forged |
| |
civil partnership document, |
| 25 |
(c) | being an authorised registrar, purports to register two people as civil |
| |
partners of each other before any civil partnership schedule available to |
| |
him at the time of registration has been duly completed, |
| |
(d) | not being an authorised registrar, conducts himself in such a way as to |
| |
lead intended civil partners to believe that he is authorised to register |
| 30 |
them as civil partners of each other, |
| |
(e) | being an authorised registrar, purports to register two people as civil |
| |
partners of each other without both of them being present, or |
| |
(f) | being an authorised registrar, purports to register two people as civil |
| |
partners of each other in a place other than a registration office or a |
| 35 |
place agreed under section 93. |
| |
(3) | A person guilty of an offence under subsection (1) or (2) is liable— |
| |
(a) | on conviction on indictment, to imprisonment for a term not exceeding |
| |
2 years or to a fine (or both); |
| |
(b) | on summary conviction, to imprisonment for a term not exceeding 3 |
| 40 |
months or to a fine not exceeding level 3 on the standard scale (or both). |
| |
(4) | Summary proceedings for an offence under subsection (1) or (2) may be |
| |
commenced at any time within 3 months after evidence sufficient in the |
| |
opinion of the Lord Advocate to justify the proceedings comes to his |
| |
knowledge or within 12 months after the offence is committed (whichever |
| 45 |
| |
|
| |
|
| |
|
(5) | Subsection (3) of section 136 of the Criminal Procedure (Scotland) Act 1995 |
| |
(c. 46) (time limits) has effect for the purposes of this section as it has for the |
| |
purposes of that section. |
| |
| |
Occupancy rights and tenancies |
| 5 |
| |
| |
(1) | Where, apart from the provisions of this Chapter, one civil partner in a civil |
| |
partnership is entitled, or permitted by a third party, to occupy a family home |
| |
of the civil partnership (that civil partner being referred in this Chapter as an |
| 10 |
“entitled partner”) and the other civil partner is not so entitled or permitted (a |
| |
“non-entitled partner”), the non-entitled partner has, subject to the provisions |
| |
of this Chapter, the following rights— |
| |
(a) | if in occupation, a right to continue to occupy the family home; |
| |
(b) | if not in occupation, a right to enter into and occupy the family home. |
| 15 |
(2) | The rights conferred by subsection (1) to continue to occupy or, as the case may |
| |
be, to enter and occupy the family home include, without prejudice to their |
| |
generality, the right to do so together with any child of the family. |
| |
(3) | In subsection (1), an “entitled partner” includes a civil partner who is entitled, |
| |
or permitted by a third party, to occupy the family home along with an |
| 20 |
individual who is not the other civil partner only if that individual has waived |
| |
a right of occupation in favour of the civil partner so entitled or permitted. |
| |
(4) | If the entitled partner refuses to allow the non-entitled partner to exercise the |
| |
right conferred by subsection (1)(b), the non-entitled partner may exercise that |
| |
right only with the leave of the Court of Session or the sheriff under section |
| 25 |
| |
(5) | A non-entitled partner may renounce in writing the rights mentioned in |
| |
paragraphs (a) and (b) of subsection (1) only— |
| |
(a) | in a particular family home, or |
| |
(b) | in a particular property which it is intended by the civil partners will |
| 30 |
become their family home. |
| |
(6) | A renunciation under subsection (5) has effect only if, at the time of making the |
| |
renunciation, the non-entitled partner swears or affirms before a notary public |
| |
that it is made freely and without coercion of any kind. |
| |
| 35 |
| “child of the family” means a child under the age of 16 years who has been |
| |
accepted by both civil partners as a child of the family, and |
| |
| “family” means the civil partners in the civil partnership, together with |
| |
any child so accepted by them. |
| |
(8) | In subsection (6), “notary public” includes any person duly authorised, by the |
| 40 |
law of the country other than Scotland in which the swearing or affirmation |
| |
takes place, to administer oaths or receive affirmations in that other country. |
| |
|
| |
|