Civil Partnership Act 2004 (c. 33)

(The document as of February, 2008)

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(b) Parts 2 and 3 of Schedule 2 (provisions applicable where proposed civil partner is under 18).

(4) This section is also subject to section 249 and Schedule 23 (immigration control and formation of civil partnerships).

6 Place of registration

(1) The place at which two people may register as civil partners of each other--

(a) must be in England or Wales,

(b) must not be in religious premises, and

(2) "Religious premises" means premises which--

(a) are used solely or mainly for religious purposes, or

(b) have been so used and have not subsequently been used solely or mainly for other purposes.

(3) In the case of registration under the standard procedure (including that procedure modified as mentioned in section 5), the place--

(a) must be one which is open to any person wishing to attend the registration, and

(b) before being specified in a notice of proposed civil partnership, must be agreed with the registration authority in whose area that place is located.

(4) If the place specified in a notice is not so agreed, the notice is void.

(5) A registration authority may provide a place in its area for the registration of civil partnerships.

7 The civil partnership document

(1) In this Part "the civil partnership document" means--

(a) in relation to the special procedure, a Registrar General's licence, and

(b) in relation to any other procedure, a civil partnership schedule.

(2) Before two people are entitled to register as civil partners of each other--

(a) the civil partnership document must be delivered to the civil partnership registrar, and

(b) the civil partnership registrar may then ask them for any information required (under section 2(4)) to be recorded in the register.

The standard procedure

8 Notice of proposed civil partnership and declaration

(1) For two people to register as civil partners of each other under the standard procedure, each of them must--

(a) give a notice of proposed civil partnership to a registration authority, and

(b) have resided in England or Wales for at least 7 days immediately before giving the notice.

(2) A notice of proposed civil partnership must contain such information as may be prescribed by regulations.

(3) A notice of proposed civil partnership must also include the necessary declaration, made and signed by the person giving the notice--

(a) at the time when the notice is given, and

(b) in the presence of an authorised person;

and the authorised person must attest the declaration by adding his name, description and place of residence.

(4) The necessary declaration is a solemn declaration in writing--

(a) that the proposed civil partner believes that there is no impediment of kindred or affinity or other lawful hindrance to the formation of the civil partnership;

(b) that each of the proposed civil partners has had a usual place of residence in England or Wales for at least 7 days immediately before giving the notice.

(5) Where a notice of proposed civil partnership is given to a registration authority in accordance with this section, the registration authority must ensure that the following information is recorded in the register as soon as possible--

(a) the fact that the notice has been given and the information in it;

(b) the fact that the authorised person has attested the declaration.

(6) "Authorised person" means an employee or officer or other person provided by a registration authority who is authorised by that authority to attest notices of proposed civil partnership.

(7) For the purposes of this Chapter, a notice of proposed civil partnership is recorded when subsection (5) is complied with.

9 Power to require evidence of name etc.

(1) The registration authority to which a notice of proposed civil partnership is given may require the person giving the notice to provide it with specified evidence--

(a) relating to that person, or

(b) if the registration authority considers that the circumstances are exceptional, relating not only to that person but also to that person's proposed civil partner.

(2) Such a requirement may be imposed at any time before the registration authority issues the civil partnership schedule under section 14.

(3) "Specified evidence", in relation to a person, means such evidence as may be specified in guidance issued by the Registrar General--

(a) of the person's name and surname,

(b) of the person's age,

(c) as to whether the person has previously formed a civil partnership or a marriage and, if so, as to the ending of the civil partnership or marriage,

(d) of the person's nationality, and

(e) as to the person's residence in England or Wales during the period of 7 days preceding the giving of a notice of proposed civil partnership by that person.

10 Proposed civil partnership to be publicised

(1) Where a notice of proposed civil partnership has been given to a registration authority, the relevant information must be publicised during the waiting period--

(a) by that registration authority,

(b) by any registration authority in whose area the person giving the notice has resided during the period of 7 days preceding the giving of the notice,

(c) by any registration authority in whose area the proposed civil partner of the person giving the notice has resided during the period of 7 days preceding the giving of that notice,

(d) by the registration authority in whose area the place specified in the notice as the place of proposed registration is located, and

(e) by the Registrar General.

(2) "The relevant information" means--

(a) the name of the person giving the notice,

(b) the name of that person's proposed civil partner, and

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 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 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 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).

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

(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

(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".

(2) Regulations may make provision as to the contents of a civil partnership schedule.

(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.

(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--

(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 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

(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.

(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.

(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 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.

(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

(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 applicable period.

(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 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

(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.

(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

(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--

(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 received the medical statement must be recorded in the register, and

(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 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).

(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.

19 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, 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--

(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

(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 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.

(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 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.

(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.

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--

(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--

(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--

(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.

(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 necessary declaration without regard to the requirement that would otherwise apply that A must reside in England or Wales;

(d) the civil partnership schedule is not to be issued by a registration 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 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" 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;

(7) "Her Majesty's forces" has the same meaning as in the Army Act 1955 (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--

(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.

(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 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

(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.

(3) 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--

(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 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.

(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 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 proposed civil partners is seriously ill and not expected to recover, but

(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 must state that it is issued on the authority of the Registrar General.

(5) Regulations may (subject to subsection (4)) make provision as to the contents of a licence under this section.

(6) 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

(b) the objection has been withdrawn by the person who made it.

(7) Any decision of the Registrar General under subsection (6)(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 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

(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 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 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 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 comprised in an area for which there is no county council, a London borough council, the Common Council of the City of London or the Council of the Isles of Scilly;

(b) in relation to Wales, a county council or a county borough council.

29 Civil partnership registrars

(1) A civil partnership registrar is an individual who is designated by a registration authority as a civil partnership registrar for its area.

(2) It is the duty of each registration authority to ensure that there is a sufficient number of civil partnership registrars for its area to carry out in that area the functions of civil partnership registrars.

(3) Each registration authority must inform the Registrar General as soon as is practicable--

(a) of any designation it has made of a person as a civil partnership registrar, and

(b) of the ending of any such designation.

(4) The Registrar General must make available to the public a list--

(a) of civil partnership registrars, and

(b) of the registration authorities for which they are designated to act.

30 The Registrar General and the register

(1) In this Chapter "the Registrar General" means the Registrar General for England and Wales.

(2) The Registrar General must provide a system for keeping any records that relate to civil partnerships and are required by this Chapter to be made.

(3) The system may, in particular, enable those records to be kept together with other records kept by the Registrar General.

(4) In this Chapter "the register" means the system for keeping records provided under subsection (2).

31 Offences relating to civil partnership schedule

(1) A person commits an offence if he issues a civil partnership schedule knowing that he does so--

(a) before the waiting period in relation to each notice of proposed civil partnership has expired,

(b) after the end of the applicable period, or

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