Civil Partnership Bill [HL]

House of Lords

Session 2003 - 04
Internet Publications
Other Bills before Parliament

Civil Partnership Bill [HL]

Civil Partnership Bill [HL]
Part 2 — Civil partnerships: England and Wales
Chapter 1 — Registration
6

11
Meaning of “the waiting period”
In this Chapter “the waiting period”, in relation to a notice of proposed civil
partnership, means the period—
(a)
beginning the day after the notice is recorded, and
(b)
subject to section 12, ending at the end of the period of 15 days
5
beginning with that day.
12
Power to shorten the waiting period
(1)
If the Registrar General, on an application being made to him, is satisfied that
there are compelling reasons because of the exceptional circumstances of the
case for shortening the period of 15 days mentioned in section 11(b), he may
10
shorten it to such period as he considers appropriate.
(2)
Regulations may make provision with respect to the making, and granting, of
applications under subsection (1).
(3)
Regulations under subsection (2) may provide for—
(a)
the power conferred by subsection (1) to be exercised by a registration
15
authority on behalf of the Registrar General in such classes of case as
are prescribed by the regulations;
(b)
the making of an appeal to the Registrar General against a decision
taken by a registration authority in accordance with regulations made
by virtue of paragraph (a).
20
13
Objection to proposed civil partnership
(1)
Any person may object to the issue of a civil partnership schedule under
section 14 by giving any registration authority notice of his objection.
(2)
A notice of objection must—
(a)
state the objector’s place of residence and the ground of objection, and
25
(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
register as soon as possible.
14
Issue of civil partnership schedule
30
(1)
As soon as the waiting period in relation to each notice of proposed civil
partnership has expired, the registration authority in whose area it is proposed
that the registration take place is under a duty, at the request of one or both of
the proposed civil partners, to issue a document to be known as a “civil
partnership schedule”.
35
(2)
The civil partnership schedule must contain such information as may be
prescribed by regulations.
(3)
The duty in subsection (1) does not apply if the registration authority is not
satisfied that there is no lawful impediment to the formation of the civil
partnership.
40
(4)
If an objection to the issue of the civil partnership schedule has been recorded
in the register, no civil partnership schedule is to be issued until—

Civil Partnership Bill [HL]
Part 2 — Civil partnerships: England and Wales
Chapter 1 — Registration
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(a)
the relevant registration authority has investigated the objection and is
satisfied that the objection ought not to obstruct the issue of the civil
partnership schedule, or
(b)
the objection has been withdrawn by the person who made it.
(5)
“The relevant registration authority” means the authority which first records
5
that a notice of proposed civil partnership has been given by one of the
proposed civil partners.
15
Appeal against refusal to issue civil partnership schedule
(1)
If the registration authority refuses to issue a civil partnership schedule—
(a)
because an objection to its issue has been made under section 13, or
10
(b)
in reliance on section 14(3),

either of the proposed civil partners may appeal to the Registrar General.
(2)
On an appeal under this section the Registrar General must either confirm the
refusal or direct that a civil partnership schedule be issued.
16
Frivolous objections and representations: liability for costs etc.
15
(1)
Subsection (3) applies if—
(a)
a person objects to the issue of a civil partnership schedule, but
(b)
the Registrar General declares that the grounds on which the objection
is made are frivolous and ought not to obstruct the issue of the civil
partnership schedule.
20
(2)
Subsection (3) also applies if—
(a)
in reliance on section 14(3), the registration authority refuses to issue a
civil partnership schedule as a result of a representation made to it, and
(b)
on an appeal under section 15 against the refusal, the Registrar General
declares that the representation is frivolous and ought not to obstruct
25
the issue of the civil partnership schedule.
(3)
The person who made the objection or representation is liable for—
(a)
the costs of the proceedings before the Registrar General, and
(b)
damages recoverable by the proposed civil partner to whom the
objection or representation relates.
30
(4)
For the purpose of enabling any person to recover any such costs and damages,
a copy of a declaration of the Registrar General purporting to be sealed with
the seal of the General Register Office is evidence that the Registrar General has
made the declaration.
17
Period during which registration may take place
35
(1)
The proposed civil partners may not register as civil partners of each other on
the production of the civil partnership schedule until the waiting period in
relation to each notice of proposed civil partnership has expired.
(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
40
applicable period.

Civil Partnership Bill [HL]
Part 2 — Civil partnerships: England and Wales
Chapter 1 — Registration
8

(3)
If they do not register as civil partners by signing the civil partnership schedule
before the end of the applicable period—
(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
5
partnership schedule by them.
(4)
The applicable period, in relation to two people registering as civil partners of
each other, is the period of 12 months beginning with—
(a)
the day on which the notices of proposed civil partnership are
recorded, or
10
(b)
if the notices are not recorded on the same day, the earlier of those days.
The procedures for house-bound and detained persons
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.
15
(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—
(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
20
(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
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—
25
(a)
each notice of proposed civil partnership must be accompanied by a
statement under subsection (2) (“a medical statement”), which must
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
30
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
months beginning with—
(i)
the day on which the notices of proposed civil partnership are
recorded, or
35
(ii)
if the notices are not recorded on the same day, the earlier of
those days.
(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
40
as described in section 19(2).
(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.

Civil Partnership Bill [HL]
Part 2 — Civil partnerships: England and Wales
Chapter 1 — Registration
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Detained 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 detained.
(2)
“Detained” means detained—
(a)
as a patient in a hospital (but otherwise than by virtue of section 2, 4, 5,
5
35, 36 or 136 of the Mental Health Act 1983 (c. 20) (short term
detentions)), or
(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—
10
(a)
each notice of proposed civil partnership must be accompanied by a
supporting statement, which must have been made not more than 21
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
15
(c)
the applicable period (for the purposes of section 17) is the period of 3
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
20
those days.
(4)
A supporting statement, in relation to a detained person, is a statement made
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
25
establishment being specified in a notice of proposed civil partnership
as the place at which the person is to register as a civil partner.
(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—
30
(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
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
35
“managers”, in relation to a hospital, has the same meaning as in section 145(1)
of the 1983 Act.
(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.
40
Modified procedures for certain non-residents
20
Modified procedures for certain non-residents
(1)
Subsection (5) applies in the following three cases.
(2)
The first is where—

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

(a)
two people wish to register as civil partners of each other in England
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—
5
(a)
two people wish to register as civil partners of each other in England
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—
10
(a)
two people wish to register as civil partners of each other in England
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.
15
(5)
For the purposes of the standard procedure, the procedure for house-bound
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
20
necessary declaration without regard to the requirement that would
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
25
authority unless A or B produces to that registration authority a
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.
(6)
“The relevant provision” means—
30
(a)
if A resides in Scotland, section 93;
(b)
if A resides in Northern Ireland, section 140;
(c)
if A is a member of Her Majesty’s forces who is serving outside the
United Kingdom, section 174.
(7)
“Her Majesty’s forces” has the same meaning as in the Army Act 1955
35
(3 & 4 Eliz. 2 c. 18).
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—
40
(a)
give a notice of proposed civil partnership to the registration authority
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.

Civil Partnership Bill [HL]
Part 2 — Civil partnerships: England and Wales
Chapter 1 — Registration
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(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
apply for the purposes of that section.
22
Evidence to be produced
(1)
The person giving a notice of proposed civil partnership to a registration
5
authority under the special procedure must produce to the authority such
evidence as the Registrar General may require to satisfy him—
(a)
that there is no lawful impediment to the formation of the civil
partnership,
(b)
that the conditions in subsection (2) are met, and
10
(c)
that there is sufficient reason why a licence should be granted.
(2)
The conditions are that one of the proposed civil partners—
(a)
is seriously ill and not expected to recover, and
(b)
understands the nature and purport of signing a Registrar General’s
licence.
15
(3)
But the certificate of a registered medical practitioner is sufficient evidence of
any or all of the matters referred to in subsection (2).
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—
20
(a)
inform the Registrar General, and
(b)
comply with any directions the Registrar General may give for
verifying the evidence given.
24
Objection to issue of Registrar General’s licence
(1)
Any person may object to the Registrar General giving authority for the issue
25
of his licence by giving the Registrar General or any registration authority
notice of his objection.
(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.
30
(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
register as soon as possible.
25
Issue of Registrar General’s licence
(1)
This section applies where a notice of proposed civil partnership is given to a
35
registration authority under section 21.
(2)
The registration authority may issue a Registrar General’s licence if, and only
if, given authority to do so by the Registrar General.
(3)
The Registrar General—
(a)
may not give his authority unless he is satisfied that one of the
40
proposed civil partners is seriously ill and not expected to recover, but

Civil Partnership Bill [HL]
Part 2 — Civil partnerships: England and Wales
Chapter 1 — Registration
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(b)
if so satisfied, must give his authority unless a lawful impediment to
the issue of his licence has been shown to his satisfaction to exist.
(4)
A licence under this section—
(a)
must state that it is issued on the authority of the Registrar General, and
(b)
must contain such other information as may be prescribed by
5
regulations.
(5)
If an objection has been made to the Registrar General giving authority for the
issue of his licence, he is not to give that authority until—
(a)
he has investigated the objection and decided whether it ought to
obstruct the issue of his licence, or
10
(b)
the objection has been withdrawn by the person who made it.
(6)
Any decision of the Registrar General under subsection (5)(a) is final.
26
Frivolous objections: liability for costs
(1)
This section applies if—
(a)
a person objects to the Registrar General giving authority for the issue
15
of his licence, but
(b)
the Registrar General declares that the grounds on which the objection
is made are frivolous and ought not to obstruct the issue of his licence.
(2)
The person who made the objection is liable for—
(a)
the costs of the proceedings before the Registrar General, and
20
(b)
damages recoverable by the proposed civil partner to whom the
objection relates.
(3)
For the purpose of enabling any person to recover any such costs and damages,
a copy of a declaration of the Registrar General purporting to be sealed with
the seal of the General Register Office is evidence that the Registrar General has
25
made the declaration.
27
Period during which registration may take place
(1)
If a Registrar General’s licence has been issued under section 25, the proposed
civil partners may register as civil partners by signing it at any time within 1
month from the day on which the notice of proposed civil partnership was
30
given.
(2)
If they do not register as civil partners by signing the licence within the 1 month
period—
(a)
the notice of proposed civil partnership and the licence are void, and
(b)
no civil partnership registrar may officiate at the signing of the licence
35
by them.
Supplementary
28
Registration authorities
In this Chapter “registration authority” means—
(a)
in relation to England, a county council, the council of any district
40
comprised in an area for which there is no county council, a London