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Civil partnership: Northern Ireland |
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Formation and eligibility |
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137 | Formation of civil partnership by registration |
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(1) | For the purposes of section 1, two people are to be regarded as having |
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registered as civil partners of each other once each of them has signed the civil |
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partnership schedule in the presence of— |
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(b) | two witnesses both of whom profess to be 16 or over, and |
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(2) | Subsection (1) applies regardless of whether subsections (3) and (4) are |
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(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— |
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(a) | each of the two witnesses, and |
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(4) | After the witnesses and the registrar have signed the civil partnership |
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schedule, the registrar must cause the registration of the civil partnership to be |
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recorded as soon as practicable. |
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(5) | No religious service is to be used while the registrar is officiating at the signing |
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of a civil partnership schedule. |
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(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, |
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(b) | either of them is already a civil partner or lawfully married, |
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(c) | either of them is under 16, |
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(d) | they are within prohibited degrees of relationship, or |
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(e) | either of them is incapable of understanding the nature of civil |
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(2) | Schedule 12 contains provisions for determining when two people are within |
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prohibited degrees of relationship. |
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Preliminaries to registration |
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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, |
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each of them must give the registrar a notice of proposed civil partnership (a |
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“civil partnership notice”). |
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(2) | A civil partnership notice must be— |
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(a) | in the prescribed form, and |
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(b) | accompanied by the prescribed fee and such documents and other |
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information as may be prescribed. |
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(3) | In prescribed cases a civil partnership notice must be given to the registrar by |
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140 | Civil partnership notice book and list of intended civil partnerships |
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(1) | The registrar must keep a record of— |
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(a) | such particulars as may be prescribed, taken from each civil |
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partnership notice received by him, and |
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(b) | the date on which each civil partnership notice is received by him. |
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(2) | In this Chapter “civil partnership notice book” means the record kept under |
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(3) | The registrar must, in accordance with any guidance issued by the Registrar |
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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 |
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(a) | the names of the proposed civil partners, and |
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(b) | the date on which it is intended to register them as civil partners of each |
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(4) | As soon as practicable after the date mentioned in subsection (3) the registrar |
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must remove from the list the names and the date mentioned in that |
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(5) | Any person claiming that he may have reason to make an objection to a |
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proposed civil partnership may inspect any entry relating to the civil |
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partnership in the civil partnership notice book without charge. |
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141 | Power to require evidence of name etc. |
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(1) | A registrar to whom a civil partnership notice is given may require the person |
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giving it to provide him with specified evidence relating to each proposed civil |
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(2) | Such a requirement may be imposed at any time before the registrar issues the |
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civil partnership schedule under section 143. |
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(3) | “Specified evidence”, in relation to a person, means such evidence as may be |
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specified in guidance issued by the Registrar General— |
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(a) | of the person’s name and surname, |
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(c) | as to whether the person is or has been a civil partner or lawfully |
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(d) | of the person’s nationality. |
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(1) | Any person may at any time before the formation of a civil partnership in |
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Northern Ireland make an objection in writing to the registrar. |
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(2) | An objection on the ground that one of the proposed civil partners is incapable |
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of understanding the nature of civil partnership must be accompanied by a |
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supporting certificate signed by a medical practitioner. |
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(3) | If the registrar is satisfied that the objection relates to no more than a |
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misdescription or inaccuracy in the civil partnership notice, he must— |
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(a) | notify the proposed civil partners, |
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(b) | make such inquiries as he thinks fit, and |
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(c) | subject to the approval of the Registrar General, make any necessary |
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correction to any document relating to the proposed civil partnership. |
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(4) | In any other case the registrar must notify the Registrar General of the |
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(5) | If the Registrar General is satisfied that there is a legal impediment to the |
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formation of the civil partnership, he must direct the registrar to— |
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(a) | notify the parties, and |
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(b) | take all reasonable steps to ensure that the formation of the civil |
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partnership does not take place. |
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(6) | If subsection (5) does not apply, the Registrar General must direct the registrar |
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to proceed under section 143. |
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(7) | For the purposes of this section and section 143 there is a legal impediment to |
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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. |
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(8) | A person who has submitted an objection may withdraw it at any time, but the |
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Registrar General may have regard to an objection which has been withdrawn. |
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143 | Civil partnership schedule |
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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 |
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(a) | he is satisfied that there is no legal impediment to the formation of the |
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(b) | the Registrar General has directed him under section 142(6) to proceed |
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144 | Place of registration |
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(1) | The place at which two people may register as civil partners of each other must |
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(a) | a registration office, or |
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(b) | a place approved under subsection (3). |
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(2) | Subsection (1) is subject to subsections (5) and (7). |
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(3) | A local registration authority may, in accordance with regulations under |
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subsection (4), approve places where civil partnerships may be registered in its |
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(4) | Regulations under section 159 may make provision for or in connection with |
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the approval of places under subsection (3), including provision as to— |
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(a) | the kinds of place in respect of which approvals may be granted, |
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(b) | the procedure to be followed in relation to applications for approval, |
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(c) | the considerations to be taken into account in determining whether to |
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(d) | the duration and renewal of approvals (whether for one occasion or for |
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(e) | the conditions that must or may be imposed on granting or renewing |
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(f) | the determination and charging of fees in respect of– |
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(i) | applications for the approval of places, |
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(ii) | the renewal of approvals, and |
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(iii) | the attendance by registrars at places approved under the |
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(g) | the circumstances in which a local registration authority must or may |
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revoke or suspend an approval or vary any of the conditions imposed |
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in relation to an approval, |
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(h) | the renewal of decisions made by virtue of the regulations, |
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(i) | appeals to a county court from decisions made by virtue of the |
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(j) | the notification to the Registrar General of all approvals granted, |
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renewed, revoked, suspended or varied, |
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(k) | the notification to the registrar for the district in which a place |
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approved under the regulations is situated of all approvals relating to |
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such a place which are granted, renewed, revoked, suspended or |
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(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 |
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(m) | the issue by the Registrar General of guidance supplementing the |
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provision made by the regulations. |
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(5) | If either of the parties to a proposed civil partnership gives the registrar a |
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medical statement, the civil partnership may, with the approval of the |
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Registrar General, be registered at any place where that party is. |
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(6) | In subsection (5) “medical statement”, in relation to any person, means a |
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statement made in the prescribed form by a registered medical practitioner that |
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in his opinion at the time the statement is made— |
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(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 |
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(b) | it is likely that it will be the case for at least the following 3 months that |
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by reason of illness or disability the person ought not to move or be |
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(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. |
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145 | Parental etc. consent where proposed civil partner under 18 |
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(1) | The consent of the appropriate persons is required before a young person and |
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another person may register as civil partners of each other. |
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(2) | Schedule 13 contains provisions— |
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(a) | for determining who are the appropriate persons for the purposes of |
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this section (see Part 1 of the Schedule); |
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(b) | for orders dispensing with consent and for recording consents and |
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orders (see Parts 2 and 3 of the Schedule). |
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(3) | Each consent required by subsection (1) must be— |
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(a) | in the prescribed form; and |
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(b) | produced to the registrar before the issue of the civil partnership |
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(4) | Nothing in this section affects any need to obtain the consent of the High Court |
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before a ward of court and another person may register as civil partners of each |
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(5) | In this section and Schedule 13 “young person” means a person who is under |
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146 | Validity of registration |
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(1) | This section applies to any legal proceedings commenced at any time after the |
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registration of a civil partnership is recorded under section 137. |
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(2) | The validity of the civil partnership must not be questioned in any such |
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proceedings on the ground of any contravention of a provision of, or made |
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147 | Corrections and cancellations |
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(1) | Regulations under section 159 may make provision for the making of |
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corrections by the Registrar General or any registrar. |
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(2) | The Registrar General must cancel the registration of a void civil partnership |
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or direct the registrar to do so. |
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(1) | If the registrar considers it necessary or desirable, he may use the services of an |
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interpreter (not being one of the civil partners or a witness). |
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(2) | The interpreter must— |
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(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 |
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respect of which he is to act as an interpreter, and |
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(b) | immediately after the registration of the civil partnership, give the |
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registrar a certificate written in English and signed by the interpreter |
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that he has faithfully acted as the interpreter. |
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(a) | one of the parties to a proposed civil partnership is detained in a prison |
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or as a patient in a hospital, and |
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(b) | the civil partnership is to be registered in that prison or hospital, |
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| the civil partnership notice given by that party must be accompanied by a |
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statement to which subsection (2) applies. |
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(2) | This subsection applies to a statement which— |
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(a) | is made in the prescribed form by the responsible authority not more |
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than 21 days before the date on which the civil partnership notice is |
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(b) | identifies the establishment where the person is detained, and |
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(c) | states that the responsible authority has no objection to that |
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establishment being the place of registration for that civil partnership. |
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(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 |
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governor or other officer in charge of that prison; |
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(b) | if the person named in the statement is detained in a hospital or special |
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accommodation, the Health and Social Services Board administering |
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that hospital or the Department of Health, Social Services and Public |
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(c) | if the person named in the statement is detained in a private hospital, |
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the person in charge of that hospital. |
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(4) | After the registrar receives a civil partnership notice accompanied by a |
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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 |
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directs him to proceed under section 143. |
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(a) | “prison” includes a remand centre and a young offenders centre, and |
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(b) | “hospital”, “patient”, “private hospital” and “special accommodation” |
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have the same meaning as in the Mental Health (Northern Ireland) |
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Order 1986 (S.I. 1986/595 (N.I. 4)). |
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150 | Certificates of no impediment for Part 2 purposes |
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(1) | This section applies where— |
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(a) | two people propose to register as civil partners of each other under |
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(b) | one of them (“A”) resides in Northern Ireland but the other (“B”) resides |
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(2) | A may give a civil partnership notice under section 139 as if A and B intended |
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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 |
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in section 142(7)) to A registering as B’s civil partner, he must issue a certificate |
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in the prescribed form that there is not known to be any such impediment. |
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(4) | But the certificate may not be issued before the expiration of such period from |
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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), |
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submit to the registrar an objection in writing to its issue. |
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(6) | Any objection made under subsection (5) must be taken into account by the |
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registrar in deciding whether he is satisfied that there is no legal impediment |
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to A registering as B’s civil partner. |
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