Civil Partnership Act 2004 (c. 33)

(The document as of February, 2008)

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(6) Section 251 extends to England and Wales and Scotland only.

(7) Section 252 extends to Northern Ireland only.

(8) Schedule 28 extends to Scotland only.

(9) Schedule 29 extends to Northern Ireland only.

(10) Any amendment, repeal or revocation made by Schedules 24 to 27 and 30 has the same extent as the provision subject to the amendment, repeal or revocation.

263 Commencement

(1) Part 1 comes into force in accordance with provision made by order by the Secretary of State, after consulting the Scottish Ministers and the Department of Finance and Personnel.

(2) Part 2, including Schedules 1 to 9, comes into force in accordance with provision made by order by the Secretary of State.

(3) Part 3, including Schedules 10 and 11, comes into force in accordance with provision made by order by the Scottish Ministers, after consulting the Secretary of State.

(4) Part 4, including Schedules 12 to 19, comes into force in accordance with provision made by order by the Department of Finance and Personnel, after consulting the Secretary of State.

(5) Part 5, excluding section 213(2) to (6) but including Schedule 20, comes into force in accordance with provision made by order by the Secretary of State, after consulting the Scottish Ministers and the Department of Finance and Personnel.

(6) Section 213(2) to (6) comes into force on the day on which this Act is passed.

(7) In Part 6 --

(a) sections 246 and 247(1) and Schedule 21 come into force in accordance with provision made by order by the Secretary of State, after consulting the Scottish Ministers and the Department of Finance and Personnel,

(b) section 248(1) and Schedule 22 come into force in accordance with provision made by order by the Department of Finance and Personnel, after consulting the Secretary of State, and

(8) In Part 7--

(a) sections 249, 251, 253, 256 and 257 and Schedules 23, 25 and 26 come into force in accordance with provision made by order by the Secretary of State,

(b) section 250 comes into force in accordance with provision made by order by the Secretary of State, after consulting the Scottish Ministers and the Department of Finance and Personnel,

(c) section 252 comes into force in accordance with provision made by the Department of Finance and Personnel, after consulting the Secretary of State,

(d) subject to paragraph (e), section 254(1) and Schedule 24 come into force in accordance with provision made by order by the Secretary of State,

(e) the provisions of Schedule 24 listed in subsection (9), and section 254(1) so far as relating to those provisions, come into force in accordance with provision made by the Department of Finance and Personnel, after consulting the Secretary of State, and

(f) sections 254(2) to (6) and 255 come into force on the day on which this Act is passed.

(9) The provisions are--

(a) Part 2;

(b) in Part 5, paragraphs 67 to 85, 87, 89 to 99 and 102 to 105;

(d) Parts 9 and 10;

(e) Part 15.

(10) In this Part--

(a) sections 258, 259, 260 and 262, this section and section 264 come into force on the day on which this Act is passed,

(b) section 261(1) and Schedule 27 and, except so far as relating to any Acts of the Scottish Parliament or any provision which extends to Northern Ireland only, section 261(4) and Schedule 30 come into force in accordance with provision made by order by the Secretary of State,

(c) section 261(2) and Schedule 28 and, so far as relating to any Acts of the Scottish Parliament, section 261(4) and Schedule 30 come into force in accordance with provision made by order by the Scottish Ministers, after consulting the Secretary of State,

(d) section 261(3) and Schedule 29 and, so far as relating to any provision which extends to Northern Ireland only, section 261(4) and Schedule 30 come into force in accordance with provision made by order by the Department of Finance and Personnel, after consulting the Secretary of State.

(11) The power to make an order under this section is exercisable by statutory instrument.

264 Short title

This Act may be cited as the Civil Partnership Act 2004.

SCHEDULES

Sections 3(2) and 5(3)

SCHEDULE 1 Prohibited degrees of relationship: England and Wales

Part 1 The prohibitions

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
Child
Former adoptive child
Former adoptive parent
Grandparent
Grandchild
Parent
Parent's sibling
Sibling
Sibling's child

(2) In the list "sibling" means a brother, sister, half-brother or half-sister.

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

(b) the younger has not at any time before reaching 18 been a child of the family in relation to the other.

Child of former civil partner
Child of former spouse
Former civil partner of grandparent
Former civil partner of parent
Former spouse of grandparent
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

(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

(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 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 The former spouse's other parent

Part 2 Special provisions relating to qualified prohibitions

Provisions relating to paragraph 2

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--

(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

(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 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 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 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.

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,

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 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 paragraph 3

9 (1) This paragraph applies where two people are subject to paragraph 3 but 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--

(a) that both the proposed civil partners have reached 21, and

(b) that the persons referred to in paragraph 3(b) are dead.

Section 4(2) and 5(3)

SCHEDULE 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 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 not fall within any of items 2 to 8.	Each of the following-- (a) any parent of the child who has parental responsibility for him, and (b) any guardian of the child.
2 A special guardianship order is in force with respect to the child and the circumstances do not fall within any of items 3 to 7.	Each of the child's special guardians.
3 A care order has effect with respect to the child and the circumstances do not fall within item 5.	Each of the following-- (a) the local authority designated in the order, and (b) each parent, guardian or special guardian (in so far as their parental responsibility has not been restricted under section 33(3) of the 1989 Act).
4 A residence order has effect with respect to the child and the circumstances do not fall within item 5.	Each of the persons with whom the child lives, or is to live, as a result of the order.
5 An adoption agency is authorised to place the child for adoption under section 19 of the 2002 Act.	Either-- (a) the adoption agency, or (b) if a care order has effect with respect to the child, the local authority designated in the order.
6 A placement order is in force with respect to the child.	The local authority authorised by the placement order to place the child for adoption.
7 The child has been placed for adoption with prospective adopters.	The prospective adopters (in so far as their parental responsibility has not been restricted under section 25(4) of the 2002 Act), in addition to any person specified in relation to item 5 or 6.
8 The circumstances do not fall within any of items 2 to 7, but a residence order was in force with respect to the child immediately before he reached 16.	The persons with whom the child lived, or was to live, as a result of the order.

2 In the table--

"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 "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 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

(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 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-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.

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.

(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.

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,

(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.

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 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,

(b) his place of residence, and

(c) the capacity, in relation to either of the proposed civil 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 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 under paragraph 3 or 4.

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 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.

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

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") 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 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 sub-paragraph (2)(b) has the same effect as if it 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.

(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.

Declaration

11 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,

(ii) that the need to obtain that person's consent has been dispensed with under paragraph 10(2), or

(iii) that the court has given consent under paragraph 10(2) or (5), or

(b) state that no person exists whose consent is required to a civil partnership between the child and another person.

Forbidding proposed civil partnership

12 Paragraph 6 applies in relation to the special procedure as if--

(a) any reference to forbidding the issue of a civil partnership schedule were a reference to forbidding the Registrar General to give authority for the issue of his licence, and

(b) sub-paragraph (6) referred to the court giving its consent under paragraph 10(2) or (5).

Evidence

13 (1) This paragraph applies--

(a) if a child and another person intend to register as civil partners of each other under the special procedure, and

(b) the consent of any person ("A") is required to the child registering as the civil partner of that person.

(2) The person giving the notice (under section 21) of proposed civil partnership to the registration authority must produce to the authority such evidence as the Registrar General may require to satisfy him that A's consent has in fact been given.

(3) The power to require evidence under sub-paragraph (2) is in addition to the power to require evidence under section 22.

Issue of Registrar General's licence

14 The duty of the Registrar General under section 25(3)(b) to give authority for the issue of his licence does not apply if he has been forbidden to do so by virtue of paragraph 12.

Part 4 Provisions relating to the court

15 (1) For the purposes of Parts 2 and 3 of this Schedule, "the court" means--

(a) the High Court,

(b) the county court of the district in which any applicant or respondent resides, or

(2) Rules of court may be made for enabling applications under Part 2 or 3 of this Schedule--

(a) if made to the High Court, to be heard in chambers;

(b) if made to the county court, to be heard and determined by the district judge subject to appeal to the judge;

(3) Rules of court must provide that, where an application is made in consequence of a refusal to give consent, notice of the application is to be served on the person who has refused consent.

Section 5(2)

SCHEDULE 3 Registration by former spouses one of whom has changed sex

Application of Schedule

1 This Schedule applies if--

(a) a court--

(i) makes absolute a decree of nullity granted on the ground that an interim gender recognition certificate has been issued to a party to the marriage, or

(ii) (in Scotland) grants a decree of divorce on that ground,

and, on doing so, issues a full gender recognition certificate (under section 5(1) of the Gender Recognition Act 2004 (c. 7)) to that party, and

(b) the parties wish to register in England or Wales as civil partners of each other without being delayed by the waiting period.

The relevant period

2 For the purposes of this Schedule the relevant period is the period--

(a) beginning with the issue of the full gender recognition certificate, and

(b) ending at the end of 1 month from the day on which it is issued.

Modifications of standard procedure and procedures for house-bound and detained persons

3 If--

(a) each of the parties gives a notice of proposed civil partnership during the relevant period, and

(b) on doing so, each makes an election under this paragraph,

Chapter 1 of Part 2 applies with the modifications given in paragraphs 4 to 6.

4 (1) Omit--

(a) section 10 (proposed civil partnership to be publicised);

(b) section 11 (meaning of "the waiting period");

(2) In section 14 (issue of civil partnership schedule), for subsection (1) substitute--

" (1) As soon as the notices of proposed civil partnership have been given, the registration authority in whose area it is proposed that the registration take place must, at the request of one or both of the proposed civil partners, issue a document to be known as a "civil partnership schedule". "

(3) For section 17 (period during which registration may take place) substitute--

" 17 " Period during which registration may take place

(1) The proposed civil partners may register as civil partners by signing the civil partnership schedule at any time during the applicable period.

(2) 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 partnership schedule by them.

(3) The applicable period, in relation to two people registering as civil partners of each other, is the period of 1 month beginning with--

(a) the day on which the notices of proposed civil partnership are given, or

(b) if the notices are not given on the same day, the earlier of those days. "

5 In section 18 (house-bound persons), in subsection (3)--

(a) treat the reference to the standard procedure as a reference to the standard procedure as modified by this Schedule, and

(b) omit paragraph (c) (which provides for a 3 month registration period).

6 In section 19 (detained persons), in subsection (3)--

(a) treat the reference to the standard procedure as a reference to the standard procedure as modified by this Schedule, and

(b) omit paragraph (c) (which provides for a 3 month registration period).

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