Civil Partnership Bill [HL]

House of Lords

Session 2003 - 04
Internet Publications
Other Bills before Parliament

Civil Partnership Bill [HL]

Civil Partnership Bill [HL]
Schedule 1 — Prohibited degrees of relationship: England and Wales
Part 1 — The prohibitions
98

Schedules
Schedule 1
Section 3(2)

Prohibited degrees of relationship: England and Wales
Part 1
The prohibitions
5
Absolute prohibitions
1     (1)
Two people are within prohibited degrees of relationship if one falls within
the list below in relation to the other.

Adoptive child

Adoptive parent

10

Child

Former adoptive child

Former adoptive parent

Grandparent

Grandchild

15

Parent

Parent’s sibling

Sibling

Sibling’s child

      (2)
In the list “sibling” means a brother, sister, half-brother or half-sister.
20
Qualified prohibitions
2     (1)
Two people are within prohibited degrees of relationship if one of them falls
within the list below in relation to the other, unless—
(a)
both of them have reached 21 at the time when they register as civil
partners of each other, and
25
(b)
the younger has not at any time before reaching 18 been a child of the
family in relation to the other.

Civil Partnership Bill [HL]
Schedule 1 — Prohibited degrees of relationship: England and Wales
Part 2 — Special provisions relating to qualified prohibitions
99

Child of former civil partner

Child of former spouse

Former civil partner of grandparent

Former civil partner of parent

Former spouse of grandparent

5

Former spouse of parent

Grandchild of former civil partner

Grandchild of former spouse

      (2)
“Child of the family”, in relation to another person, means a person who—
(a)
has lived in the same household as that other person, and
10
(b)
has been treated by that other person as a child of his family.
3
Two people are within prohibited degrees of relationship if one falls within
column 1 of the table below in relation to the other, unless—
(a)
both of them have reached 21 at the time when they register as civil
partners of each other, and
15
(b)
the persons who fall within column 2 are dead.

Relationship
Relevant deaths

Former civil partner of child
The child

The child’s other parent

Former spouse of child
The child

20

The child’s other parent

Parent of former civil partner
The former civil partner

The former civil partner’s other

parent

Parent of former spouse
The former spouse

25

The former spouse’s other

parent

Part 2
Special provisions relating to qualified prohibitions
Provisions relating to civil partnerships mentioned in paragraph 2
30
4
Paragraphs 5 to 7 apply where two people are subject to paragraph 2 but
intend to register as civil partners of each other by signing a civil partnership
schedule.
5     (1)
The fact that a notice of proposed civil partnership has been given must not
be recorded in the register unless the registration authority—
35

Civil Partnership Bill [HL]
Schedule 1 — Prohibited degrees of relationship: England and Wales
Part 2 — Special provisions relating to qualified prohibitions
100

(a)
is satisfied by the production of evidence that both the proposed civil
partners have reached 21, and
(b)
has received a declaration made by each of the proposed civil
partners—
(i)
specifying their affinal relationship, and
5
(ii)
declaring that the younger of them has not at any time before
reaching 18 been a child of the family in relation to the other.
      (2)
Sub-paragraph (1) does not apply if a declaration is obtained under
paragraph 7.
      (3)
A declaration under sub-paragraph (1)(b) must contain such information
10
and must be signed and attested in such manner as may be prescribed by
regulations.
      (4)
The fact that a registration authority has received a declaration under sub-
paragraph (1)(b) must be recorded in the register.
      (5)
A declaration under sub-paragraph (1)(b) must be filed and kept by the
15
registration authority.
6     (1)
Sub-paragraph (2) applies if—
(a)
a registration authority receives from a person who is not one of the
proposed civil partners a written statement signed by that person
which alleges that a declaration made under paragraph 5 is false in a
20
material particular, and
(b)
the register shows that such a statement has been received.
      (2)
The registration authority in whose area it is proposed that the registration
take place must not issue a civil partnership schedule unless a High Court
declaration is obtained under paragraph 7.
25
7     (1)
Either of the proposed civil partners may apply to the High Court for a
declaration that, given that—
(a)
both of them have reached 21, and
(b)
the younger of those persons has not at any time before reaching 18
been a child of the family in relation to the other,
30

there is no impediment of affinity to the formation of the civil partnership.
      (2)
Such an application may be made whether or not any statement has been
received by the registration authority under paragraph 6.
8
Section 13 (objection to proposed civil partnership) does not apply in
relation to a civil partnership to which paragraphs 5 to 7 apply, except so far
35
as an objection to the issue of a civil partnership schedule is made under that
section on a ground other than the affinity between the proposed civil
partners.
Provisions relating to civil partnerships mentioned in paragraph 3
9     (1)
This paragraph applies where two people are subject to paragraph 3 but
40
intend to register as civil partners of each other by signing a civil partnership
schedule.
      (2)
The fact that a notice of proposed civil partnership has been given must not
be recorded in the register unless the registration authority is satisfied by the
production of evidence—
45
(a)
that both the proposed civil partners have reached 21, and
(b)
that the persons referred to in paragraph 3(b) are dead.

Civil Partnership Bill [HL]
Schedule 2 — Civil partnerships of persons under 18: England and Wales
Part 1 — Appropriate persons
101

Schedule 2
Section 4(2)

Civil partnerships of persons under 18: England and Wales
Part 1
Appropriate persons
1
Column 2 of the table specifies the appropriate persons (or person) to give
5
consent to a child whose circumstances fall within column 1 and who
intends to register as the civil partner of another—

Case
Appropriate persons

1
The circumstances do
Each of the following—

not fall within any of
(a)
any parent of the child who

10

items 2 to 8.
has parental responsibility for

him, and

(b)
any guardian of the child.

2
A special guardianship
Each of the child’s special guardians.

order is in force with

15

respect to the child and

the circumstances do

not fall within any of

items 3 to 7.

3
A care order has effect
Each of the following—

20

with respect to the child
(a)
the local authority designated

and the circumstances
in the order, and

do not fall within item
(b)
each parent, guardian or

5.
special guardian (in so far as

their parental responsibility

25

has not been restricted under

section 33(3) of the 1989

Act).

4
A residence order has
Each of the persons with whom the

effect with respect to
child lives, or is to live, as a result of

30

the child and the
the order.

circumstances do not

fall within item 5.

5
An adoption agency is
Either—

authorised to place the
(a)
the adoption agency, or

35

child for adoption
(b)
if a care order has effect with

under section 19 of the
respect to the child, the local

2002 Act.
authority designated in the

order.

6
A placement order is in
The local authority authorised by the

40

force with respect to the
placement order to place the child for

child.
adoption.

Civil Partnership Bill [HL]
Schedule 2 — Civil partnerships of persons under 18: England and Wales
Part 2 — Obtaining consent: general
102

Case
Appropriate persons

7
The child has been
The prospective adopters (in so far as

placed for adoption
their parental responsibility has not

with prospective
been restricted under section 25(4) of

adopters.
the 2002 Act), in addition to any

5

person specified in relation to item 5

or 6.

8
The circumstances do
The persons with whom the child

not fall within any of
lived, or was to live, as a result of the

items 2 to 7, but a
order.

10

residence order was in

force with respect to the

child immediately

before he reached 16.

2
In the table—
15

“the 1989 Act” means the Children Act 1989 (c. 41) and “guardian of a
child”, “parental responsibility”, “residence order”, “special
guardian”, “special guardianship order” and “care order” have the
same meaning as in that Act;

“the 2002 Act” means the Adoption and Children Act 2002 (c. 38) and
20
“adoption agency”, “placed for adoption”, “placement order” and
“local authority” have the same meaning as in that Act;

“appropriate local authority” means the local authority authorised by
the placement order to place the child for adoption.
Part 2
25
Obtaining consent: general
Consent of appropriate person unobtainable
3     (1)
This paragraph applies if—
(a)
a child and another person intend to register as civil partners of each
other under any procedure other than the special procedure, and
30
(b)
the registration authority to whom the child gives a notice of
proposed civil partnership is satisfied that the consent of a person
whose consent is required (“A”) cannot be obtained because A is
absent, inaccessible or under a disability.
      (2)
If there is any other person whose consent is also required, the registration
35
authority must dispense with the need for A’s consent.
      (3)
If no other person’s consent is required—
(a)
the Registrar General may dispense with the need for any consent, or
(b)
the court may, on an application being made to it, consent to the
child registering as the civil partner of the person mentioned in sub-
40
paragraph (1)(a).
      (4)
The consent of the court under sub-paragraph (3)(b) has the same effect as if
it had been given by A.

Civil Partnership Bill [HL]
Schedule 2 — Civil partnerships of persons under 18: England and Wales
Part 2 — Obtaining consent: general
103

Consent of appropriate person refused
4     (1)
This paragraph applies if—
(a)
a child and another person intend to register as civil partners of each
other under any procedure other than the special procedure, and
(b)
any person whose consent is required refuses his consent.
5
      (2)
The court may, on an application being made to it, consent to the child
registering as the civil partner of the person mentioned in sub-paragraph
(1)(a).
      (3)
The consent of the court under sub-paragraph (2) has the same effect as if it
had been given by the person who has refused his consent.
10
Declaration
5
If one of the proposed civil partners is a child and is not a surviving civil
partner, the necessary declaration under section 8 must also—
(a)
state in relation to each appropriate person—
(i)
that that person’s consent has been obtained,
15
(ii)
that the need to obtain that person’s consent has been
dispensed with under paragraph 3, or
(iii)
that the court has given consent under paragraph 3 or 4, or
(b)
state that no person exists whose consent is required to a civil
partnership between the child and another person.
20
Forbidding proposed civil partnership
6     (1)
This paragraph applies if it has been recorded in the register that a notice of
proposed civil partnership between a child and another person has been
given.
      (2)
Any person whose consent is required to a child and another person
25
registering as civil partners of each other may forbid the issue of a civil
partnership schedule by giving any registration authority written notice that
he forbids it.
      (3)
A notice under sub-paragraph (2) must specify—
(a)
the name of the person giving it,
30
(b)
his place of residence, and
(c)
the capacity, in relation to either of the proposed partners, in which
he forbids the issue of the civil partnership schedule.
      (4)
On receiving the notice, the registration authority must as soon as is
practicable record in the register the fact that the issue of a civil partnership
35
schedule has been forbidden.
      (5)
If the issue of a civil partnership schedule has been forbidden under this
paragraph, the notice of proposed civil partnership and all proceedings on
it are void.
      (6)
Sub-paragraphs (2) and (5) do not apply if the court has given its consent
40
under paragraph 3 or 4.

Civil Partnership Bill [HL]
Schedule 2 — Civil partnerships of persons under 18: England and Wales
Part 3 — Obtaining consent: special procedure
104

Evidence
7     (1)
This paragraph applies if, for the purpose of obtaining a civil partnership
schedule, a person declares that the consent of any person or persons whose
consent is required under section 4 has been given.
      (2)
The registration authority may refuse to issue the civil partnership schedule
5
unless satisfied by the production of written evidence that the consent of
that person or those persons has in fact been given.
Issue of civil partnership schedule
8
The duty in section 14(1) to issue a civil partnership schedule does not apply
if its issue has been forbidden under paragraph 6.
10
9
If a proposed civil partnership is between a child and another person, the
civil partnership schedule must contain a statement that the issue of the civil
partnership schedule has not been forbidden under paragraph 6.
Part 3
Obtaining consent: special procedure
15
Consent of appropriate person unobtainable or refused
10    (1)
Sub-paragraph (2) applies if—
(a)
a child and another person intend to register as civil partners of each
other under the special procedure, and
(b)
the Registrar General is satisfied that the consent of a person (“A”)
20
whose consent is required cannot be obtained because A is absent,
inaccessible, or under a disability.
      (2)
If this sub-paragraph applies—
(a)
the Registrar General may dispense with the need for A’s consent
(whether or not there is any other person whose consent is also
25
required), or
(b)
the court may, on application being made, consent to the child
registering as the civil partner of the person mentioned in sub-
paragraph (1)(a).
      (3)
The consent of the court under subsection (2)(b) has the same effect as if it
30
had been given by A.
      (4)
Sub-paragraph (5) applies if—
(a)
a child and another person intend to register as civil partners of each
other under the special procedure, and
(b)
any person whose consent is required refuses his consent.
35
      (5)
The court may, on application being made, consent to the child registering
as the civil partner of the person mentioned in sub-paragraph (4)(a).
      (6)
The consent of the court under sub-paragraph (5) has the same effect as if it
had been given by the person who has refused his consent.
Evidence
40
11    (1)
This paragraph applies—