Civil Partnership Bill [HL]

House of Commons

Session 2002 - 03
Internet Publications
Other Bills before Parliament

Civil Partnership Bill [HL]

Civil Partnership Bill [HL]
Part 2 — Civil partnership: England and Wales
Chapter 1 — Registration
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(2)
Subject to subsection (1), under the standard procedure, they may register as
civil partners by signing the civil partnership schedule at any time during the
applicable period.
(3)
If they do not register as civil partners by signing the civil partnership schedule
before the end of the applicable period—
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(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.
(4)
The applicable period, in relation to two people registering as civil partners of
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each other, is the period of 12 months beginning with—
(a)
the day on which the notices of proposed civil partnership are
recorded, or
(b)
if the notices are not recorded on the same day, the earlier of those days.
The procedures for house-bound and detained persons
15
18
House-bound persons
(1)
This section applies if two people wish to register as civil partners of each other
at the place where one of them is house-bound.
(2)
A person is house-bound at any place if, in relation to that person, a statement
is made by a registered medical practitioner that, in his opinion—
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(a)
because of illness or disability, that person ought not to move or be
moved from the place where he is at the time when the statement is
made, and
(b)
it is likely to be the case for at least the following 3 months that because
of the illness or disability that person ought not to move or be moved
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from that place.
(3)
The procedure under which the two people concerned may register as civil
partners of each other is the same as the standard procedure, except that—
(a)
each notice of proposed civil partnership must be accompanied by a
statement under subsection (2) (“a medical statement”), which must
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have been made not more than 14 days before the day on which the
notice is recorded,
(b)
the fact that the registration authority to whom the notice is given has
received the medical statement must be recorded in the register, and
(c)
the applicable period (for the purposes of section 17) is the period of 3
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months beginning with—
(i)
the day on which the notices of proposed civil partnership are
recorded, or
(ii)
if the notices are not recorded on the same day, the earlier of
those days.
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(4)
A medical statement must contain such information and must be made in such
manner as may be prescribed by regulations.
(5)
A medical statement may not be made in relation to a person who is detained
as described in section 19(2).

Civil Partnership Bill [HL]
Part 2 — Civil partnership: England and Wales
Chapter 1 — Registration
9

(6)
For the purposes of this Chapter, a person in relation to whom a medical
statement is made is to be treated, if he would not otherwise be so treated, as
resident and usually resident at the place where he is for the time being.
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Detained persons
(1)
This section applies if two people wish to register as civil partners of each other
5
at the place where one of them is detained.
(2)
“Detained” means detained—
(a)
as a patient in a hospital (but otherwise than by virtue of section 2, 4, 5,
35, 36 or 136 of the Mental Health Act 1983 (c. 20) (short term
detentions)), or
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(b)
in a prison or other place to which the Prison Act 1952 (c. 52) applies.
(3)
The procedure under which the two people concerned may register as civil
partners of each other is the same as the standard procedure, except that—
(a)
each notice of proposed civil partnership must be accompanied by a
supporting statement, which must have been made not more than 21
15
days before the day on which the notice is recorded,
(b)
the fact that the registration authority to whom the notice is given has
received the supporting statement must be recorded in the register, and
(c)
the applicable period (for the purposes of section 17) is the period of 3
months beginning with—
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(i)
the day on which the notices of proposed civil partnership are
recorded, or
(ii)
if the notices are not recorded on the same day, the earlier of
those days.
(4)
A supporting statement, in relation to a detained person, is a statement made
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by the responsible authority which—
(a)
identifies the establishment where the person is detained, and
(b)
states that the responsible authority has no objection to that
establishment being specified in a notice of proposed civil partnership
as the place at which the person is to register as a civil partner.
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(5)
A supporting statement must contain such information and must be made in
such manner as may be prescribed by regulations.
(6)
“The responsible authority” means—
(a)
if the person is detained in a hospital, the hospital’s managers;
(b)
if the person is detained in a prison or other place to which the 1952 Act
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applies, the governor or other officer for the time being in charge of that
prison or other place.
(7)
“Patient” and “hospital” have the same meaning as in Part 2 of the 1983 Act and
“managers”, in relation to a hospital, has the same meaning as in section 145(1)
of the 1983 Act.
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(8)
For the purposes of this Chapter, a detained person is to be treated, if he would
not otherwise be so treated, as resident and usually resident at the place where
he is for the time being.

Civil Partnership Bill [HL]
Part 2 — Civil partnership: England and Wales
Chapter 1 — Registration
10

Modified procedures for certain non-residents
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Modified procedures for certain non-residents
(1)
Subsection (5) applies in the following three cases.
(2)
The first is where—
(a)
two people wish to register as civil partners of each other in England
5
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
10
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—
(a)
two people wish to register as civil partners of each other in England
15
and Wales, and
(b)
one of them (“A”) is a member of Her Majesty’s forces who is serving
outside the United Kingdom and the other (“B”) resides in England or
Wales.
(5)
For the purposes of the standard procedure, the procedure for house-bound
20
persons and the procedure for detained persons—
(a)
A is not required to give a notice of proposed civil partnership under
this Chapter;
(b)
B may give a notice of proposed civil partnership and make the
necessary declaration without regard to the requirement that would
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otherwise apply that A must reside in England or Wales;
(c)
the waiting period is calculated by reference to the day on which B’s
notice is recorded;
(d)
the civil partnership schedule is not to be issued by a registration
authority unless A or B produces to that registration authority a
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certificate of no impediment issued to A under the relevant provision;
(e)
the applicable period is calculated by reference to the day on which B’s
notice is recorded and, where the standard procedure is used in the first
and second cases, is the period of 3 months beginning with that day;
(f)
section 31 applies as if in subsections (1)(a) and (2)(c) for “each notice”
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there were substituted “B’s notice”.
(6)
“The relevant provision” means—
(a)
if A resides in Scotland, section 97;
(b)
if A resides in Northern Ireland, section 150;
(c)
if A is a member of Her Majesty’s forces who is serving outside the
40
United Kingdom, section 239.
(7)
“Her Majesty’s forces” has the same meaning as in the Army Act 1955
(3 & 4 Eliz. 2 c. 18).

Civil Partnership Bill [HL]
Part 2 — Civil partnership: England and Wales
Chapter 1 — Registration
11

The special procedure
21
Notice of proposed civil partnership
(1)
For two people to register as civil partners of each other under the special
procedure, one of them must—
(a)
give a notice of proposed civil partnership to the registration authority
5
for the area in which it is proposed that the registration take place, and
(b)
comply with any requirement made under section 22.
(2)
The notice must contain such information as may be prescribed by regulations.
(3)
Subsections (3) to (6) of section 8 (necessary declaration etc.), apart from
paragraph (b) of subsection (4), apply for the purposes of this section as they
10
apply for the purposes of that section.
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Evidence to be produced
(1)
The person giving a notice of proposed civil partnership to a registration
authority under the special procedure must produce to the authority such
evidence as the Registrar General may require to satisfy him—
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(a)
that there is no lawful impediment to the formation of the civil
partnership,
(b)
that the conditions in subsection (2) are met, and
(c)
that there is sufficient reason why a licence should be granted.
(2)
The conditions are that one of the proposed civil partners—
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(a)
is seriously ill and not expected to recover, and
(b)
understands the nature and purport of signing a Registrar General’s
licence.
(3)
The certificate of a registered medical practitioner is sufficient evidence of any
or all of the matters referred to in subsection (2).
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23
Application to be reported to Registrar General
On receiving a notice of proposed civil partnership under section 21 and any
evidence under section 22, the registration authority must—
(a)
inform the Registrar General, and
(b)
comply with any directions the Registrar General may give for
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verifying the evidence given.
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Objection to issue of Registrar General’s licence
(1)
Any person may object to the Registrar General giving authority for the issue
of his licence by giving the Registrar General or any registration authority
notice of his objection.
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(2)
A notice of objection must—
(a)
state the objector’s place of residence and the ground of objection, and
(b)
be signed by or on behalf of the objector.
(3)
If a notice of objection is given to a registration authority, it must ensure that
the fact that it has been given and the information in it are recorded in the
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register as soon as possible.