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Civil Partnership Bill [HL]


Civil Partnership Bill [HL]
Part 4 — Civil partnership: Northern Ireland
Chapter 1 — Registration

69

 

Part 4

Civil partnership: Northern Ireland

Chapter 1

Registration

Formation and eligibility

5

137     

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

partnership schedule in the presence of—

(a)   

each other,

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(b)   

two witnesses both of whom profess to be 16 or over, and

(c)   

the registrar.

(2)   

Subsection (1) applies regardless of whether subsections (3) and (4) are

complied with.

(3)   

After the civil partnership schedule has been signed under subsection (1), it

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must also be signed, in the presence of the civil partners and each other, by—

(a)   

each of the two witnesses, and

(b)   

the registrar.

(4)   

After the witnesses and the registrar have signed the civil partnership

schedule, the registrar must cause the registration of the civil partnership to be

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recorded as soon as practicable.

(5)   

No religious service is to be used while the registrar is officiating at the signing

of a civil partnership schedule.

138     

Eligibility

(1)   

Two people are not eligible to register as civil partners of each other if—

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(a)   

they are not of the same sex,

(b)   

either of them is already a civil partner or lawfully married,

(c)   

either of them is under 16,

(d)   

they are within prohibited degrees of relationship, or

(e)   

either of them is incapable of understanding the nature of civil

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partnership.

(2)   

Schedule 12 contains provisions for determining when two people are within

prohibited degrees of relationship.

Preliminaries to registration

139     

Notice of proposed civil partnership

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(1)   

For two people to register as civil partners of each other under this Chapter,

each of them must give the registrar a notice of proposed civil partnership (a

“civil partnership notice”).

 

 

Civil Partnership Bill [HL]
Part 4 — Civil partnership: Northern Ireland
Chapter 1 — Registration

70

 

(2)   

A civil partnership notice must be—

(a)   

in the prescribed form, and

(b)   

accompanied by the prescribed fee and such documents and other

information as may be prescribed.

(3)   

In prescribed cases a civil partnership notice must be given to the registrar by

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each party in person.

140     

Civil partnership notice book and list of intended civil partnerships

(1)   

The registrar must keep a record of—

(a)   

such particulars as may be prescribed, taken from each civil

partnership notice received by him, and

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(b)   

the date on which each civil partnership notice is received by him.

(2)   

In this Chapter “civil partnership notice book” means the record kept under

subsection (1).

(3)   

The registrar must, in accordance with any guidance issued by the Registrar

General, place on public display a list containing in relation to each proposed

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civil partnership in respect of which the registrar has received a civil

partnership notice—

(a)   

the names of the proposed civil partners, and

(b)   

the date on which it is intended to register them as civil partners of each

other.

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(4)   

As soon as practicable after the date mentioned in subsection (3) the registrar

must remove from the list the names and the date mentioned in that

subsection.

(5)   

Any person claiming that he may have reason to make an objection to a

proposed civil partnership may inspect any entry relating to the civil

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partnership in the civil partnership notice book without charge.

141     

Power to require evidence of name etc.

(1)   

A registrar to whom a civil partnership notice is given may require the person

giving it to provide him with specified evidence relating to each proposed civil

partner.

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(2)   

Such a requirement may be imposed at any time before the registrar issues the

civil partnership schedule under section 143.

(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,

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(b)   

of the person’s age,

(c)   

as to whether the person is or has been a civil partner or lawfully

married, and

(d)   

of the person’s nationality.

142     

Objections

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(1)   

Any person may at any time before the formation of a civil partnership in

Northern Ireland make an objection in writing to the registrar.

 

 

Civil Partnership Bill [HL]
Part 4 — Civil partnership: Northern Ireland
Chapter 1 — Registration

71

 

(2)   

An objection on the ground that one of the proposed civil partners is incapable

of understanding the nature of civil partnership must be accompanied by a

supporting certificate signed by a medical practitioner.

(3)   

If the registrar is satisfied that the objection relates to no more than a

misdescription or inaccuracy in the civil partnership notice, he must—

5

(a)   

notify the proposed civil partners,

(b)   

make such inquiries as he thinks fit, and

(c)   

subject to the approval of the Registrar General, make any necessary

correction to any document relating to the proposed civil partnership.

(4)   

In any other case the registrar must notify the Registrar General of the

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objection.

(5)   

If the Registrar General is satisfied that there is a legal impediment to the

formation of the civil partnership, he must direct the registrar to—

(a)   

notify the parties, and

(b)   

take all reasonable steps to ensure that the formation of the civil

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partnership does not take place.

(6)   

If subsection (5) does not apply, the Registrar General must direct the registrar

to proceed under section 143.

(7)   

For the purposes of this section and section 143 there is a legal impediment to

the formation of a civil partnership where the proposed civil partners are not

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eligible to be registered as civil partners of each other.

(8)   

A person who has submitted an objection may withdraw it at any time, but the

Registrar General may have regard to an objection which has been withdrawn.

143     

Civil partnership schedule

After the registrar receives a civil partnership notice from each of the proposed

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civil partners, he must complete a civil partnership schedule in the prescribed

form, if—

(a)   

he is satisfied that there is no legal impediment to the formation of the

civil partnership, or

(b)   

the Registrar General has directed him under section 142(6) to proceed

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under this section.

144     

Place of registration

(1)   

The place at which two people may register as civil partners of each other must

be—

(a)   

a registration office, or

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(b)   

a place approved under subsection (3).

(2)   

Subsection (1) is subject to subsections (5) and (7).

(3)   

A local registration authority may, in accordance with regulations under

subsection (4), approve places where civil partnerships may be registered in its

district.

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(4)   

Regulations under section 159 may make provision for or in connection with

the approval of places under subsection (3), including provision as to—

(a)   

the kinds of place in respect of which approvals may be granted,

 

 

Civil Partnership Bill [HL]
Part 4 — Civil partnership: Northern Ireland
Chapter 1 — Registration

72

 

(b)   

the procedure to be followed in relation to applications for approval,

(c)   

the considerations to be taken into account in determining whether to

approve any places,

(d)   

the duration and renewal of approvals (whether for one occasion or for

a period),

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(e)   

the conditions that must or may be imposed on granting or renewing

an approval,

(f)   

the determination and charging of fees in respect of–

(i)   

applications for the approval of places,

(ii)   

the renewal of approvals, and

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(iii)   

the attendance by registrars at places approved under the

regulations,

(g)   

the circumstances in which a local registration authority must or may

revoke or suspend an approval or vary any of the conditions imposed

in relation to an approval,

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(h)   

the renewal of decisions made by virtue of the regulations,

(i)   

appeals to a county court from decisions made by virtue of the

regulations,

(j)   

the notification to the Registrar General of all approvals granted,

renewed, revoked, suspended or varied,

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(k)   

the notification to the registrar for the district in which a place

approved under the regulations is situated of all approvals relating to

such a place which are granted, renewed, revoked, suspended or

varied,

(l)   

the keeping by the Registrar General, registrars and local registration

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authorities of registers of places approved under the regulations, and

(m)   

the issue by the Registrar General of guidance supplementing the

provision made by the regulations.

(5)   

If either of the parties to a proposed civil partnership gives the registrar a

medical statement, the civil partnership may, with the approval of the

30

Registrar General, be registered at any place where that party is.

(6)   

In subsection (5) “medical statement”, in relation to any person, means a

statement made in the prescribed form by a registered medical practitioner that

in his opinion at the time the statement is made—

(a)   

by reason of serious illness or serious bodily injury, that person ought

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not to move or be moved from the place where he is at that time, and

(b)   

it is likely that it will be the case for at least the following 3 months that

by reason of illness or disability the person ought not to move or be

moved from that place.

(7)   

If the Registrar General so directs, a registrar must register a civil partnership

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in a place specified in the direction.

Young persons

145     

Parental etc. consent where proposed civil partner under 18

(1)   

The consent of the appropriate persons is required before a young person and

another person may register as civil partners of each other.

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(2)   

Schedule 13 contains provisions—

 

 

Civil Partnership Bill [HL]
Part 4 — Civil partnership: Northern Ireland
Chapter 1 — Registration

73

 

(a)   

for determining who are the appropriate persons for the purposes of

this section (see Part 1 of the Schedule);

(b)   

for orders dispensing with consent and for recording consents and

orders (see Parts 2 and 3 of the Schedule).

(3)   

Each consent required by subsection (1) must be—

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(a)   

in the prescribed form; and

(b)   

produced to the registrar before the issue of the civil partnership

schedule.

(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

10

other.

(5)   

In this section and Schedule 13 “young person” means a person who is under

18.

Supplementary

146     

Validity of registration

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(1)   

This section applies to any legal proceedings commenced at any time after the

registration of a civil partnership is recorded under section 137.

(2)   

The validity of the civil partnership must not be questioned in any such

proceedings on the ground of any contravention of a provision of, or made

under, this Act.

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147     

Corrections and cancellations

(1)   

Regulations under section 159 may make provision for the making of

corrections by the Registrar General or any registrar.

(2)   

The Registrar General must cancel the registration of a void civil partnership

or direct the registrar to do so.

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148     

Interpreters

(1)   

If the registrar considers it necessary or desirable, he may use the services of an

interpreter (not being one of the civil partners or a witness).

(2)   

The interpreter must—

(a)   

before the registration of the civil partnership, sign a statement in

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English that he understands, and is able to converse in, any language in

respect of which he is to act as an interpreter, and

(b)   

immediately after the registration of the civil partnership, give the

registrar a certificate written in English and signed by the interpreter

that he has faithfully acted as the interpreter.

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149     

Detained persons

(1)   

If—

(a)   

one of the parties to a proposed civil partnership is detained in a prison

or as a patient in a hospital, and

(b)   

the civil partnership is to be registered in that prison or hospital,

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Civil Partnership Bill [HL]
Part 4 — Civil partnership: Northern Ireland
Chapter 1 — Registration

74

 

   

the civil partnership notice given by that party must be accompanied by a

statement to which subsection (2) applies.

(2)   

This subsection applies to a statement which—

(a)   

is made in the prescribed form by the responsible authority not more

than 21 days before the date on which the civil partnership notice is

5

given,

(b)   

identifies the establishment where the person is detained, and

(c)   

states that the responsible authority has no objection to that

establishment being the place of registration for that civil partnership.

(3)   

In subsection (2) “responsible authority” means—

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(a)   

if the person named in the statement is detained in a prison, the

governor or other officer in charge of that prison;

(b)   

if the person named in the statement is detained in a hospital or special

accommodation, the Health and Social Services Board administering

that hospital or the Department of Health, Social Services and Public

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Safety, respectively;

(c)   

if the person named in the statement is detained in a private hospital,

the person in charge of that hospital.

(4)   

After the registrar receives a civil partnership notice accompanied by a

statement to which subsection (2) applies, he must notify the Registrar General

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and not complete a civil partnership schedule unless the Registrar General

directs him to proceed under section 143.

(5)   

In this section—

(a)   

“prison” includes a remand centre and a young offenders centre, and

(b)   

“hospital”, “patient”, “private hospital” and “special accommodation”

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have the same meaning as in the Mental Health (Northern Ireland)

Order 1986 (S.I. 1986/595 (N.I. 4)).

150     

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

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Chapter 1 of Part 2, and

(b)   

one of them (“A”) resides in Northern Ireland but the other (“B”) resides

in England or Wales.

(2)   

A may give a civil partnership notice under section 139 as if A and B intended

to register as civil partners under this Chapter.

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(3)   

If the registrar is satisfied that there is no legal impediment (in the sense given

in section 142(7)) to A registering as B’s civil partner, he must issue a certificate

in the prescribed form that there is not known to be any such impediment.

(4)   

But the certificate may not be issued before the expiration of such period from

the date recorded under section 140(3)(b) as may be prescribed.

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(5)   

Any person may, at any time before a certificate is issued under subsection (3),

submit to the registrar an objection in writing to its issue.

(6)   

Any objection made under subsection (5) must be taken into account by the

registrar in deciding whether he is satisfied that there is no legal impediment

to A registering as B’s civil partner.

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