Civil Partnership Act 2004 (c. 33)

(The document as of February, 2008)

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(i) applications for the approval of places,

(ii) the renewal of approvals, and

(iii) the attendance by registrars at places approved under the regulations,

(g) the circumstances in which a local registration authority must or may revoke or suspend an approval or vary any of the conditions imposed in relation to an approval,

(h) the renewal of decisions made by virtue of the regulations,

(i) appeals to a county court from decisions made by virtue of the regulations,

(j) the notification to the Registrar General of all approvals granted, renewed, revoked, suspended or varied,

(k) the notification to the registrar for the district in which a place approved under the regulations is situated of all approvals relating to such a place which are granted, renewed, revoked, suspended or varied,

(l) the keeping by the Registrar General, registrars and local registration authorities of registers of places approved under the regulations, and

(m) the issue by the Registrar General of guidance supplementing the provision made by the regulations.

(5) If either of the parties to a proposed civil partnership gives the registrar a medical statement, the civil partnership may, with the approval of the Registrar General, be registered at any place where that party is.

(6) In subsection (5) "medical statement", in relation to any person, means a statement made in the prescribed form by a registered medical practitioner that in his opinion at the time the statement is made--

(a) by reason of serious illness or serious bodily injury, that person ought not to move or be moved from the place where he is at that time, and

(b) it is likely that it will be the case for at least the following 3 months that by reason of illness or disability the person ought not to move or be moved from that place.

(7) If the Registrar General so directs, a registrar must register a civil partnership in a place specified in the direction.

Young persons

145 Parental etc. consent where proposed civil partner under 18

(1) The consent of the appropriate persons is required before a young person and another person may register as civil partners of each other.

(2) Schedule 13 contains provisions--

(a) for determining who are the appropriate persons for the purposes of this section (see Part 1 of the Schedule);

(b) for orders dispensing with consent and for recording consents and orders (see Parts 2 and 3 of the Schedule).

(3) Each consent required by subsection (1) must be--

(a) in the prescribed form; and

(b) produced to the registrar before the issue of the civil partnership schedule.

(4) Nothing in this section affects any need to obtain the consent of the High Court before a ward of court and another person may register as civil partners of each other.

(5) In this section and Schedule 13 "young person" means a person who is under 18.

Supplementary

146 Validity of registration

(1) This section applies to any legal proceedings commenced at any time after the registration of a civil partnership is recorded under section 137.

(2) The validity of the civil partnership must not be questioned in any such proceedings on the ground of any contravention of a provision of, or made under, this Act.

147 Corrections and cancellations

(1) Regulations under section 159 may make provision for the making of corrections by the Registrar General or any registrar.

(2) The Registrar General must cancel the registration of a void civil partnership or direct the registrar to do so.

148 Interpreters

(1) If the registrar considers it necessary or desirable, he may use the services of an interpreter (not being one of the civil partners or a witness).

(2) The interpreter must--

(a) before the registration of the civil partnership, sign a statement in English that he understands, and is able to converse in, any language in respect of which he is to act as an interpreter, and

(b) immediately after the registration of the civil partnership, give the registrar a certificate written in English and signed by the interpreter that he has faithfully acted as the interpreter.

149 Detained persons

(1) If--

(a) one of the parties to a proposed civil partnership is detained in a prison or as a patient in a hospital, and

(b) the civil partnership is to be registered in that prison or hospital,

the civil partnership notice given by that party must be accompanied by a statement to which subsection (2) applies.

(2) This subsection applies to a statement which--

(a) is made in the prescribed form by the responsible authority not more than 21 days before the date on which the civil partnership notice is given,

(b) identifies the establishment where the person is detained, and

(c) states that the responsible authority has no objection to that establishment being the place of registration for that civil partnership.

(3) In subsection (2) "responsible authority" means--

(a) if the person named in the statement is detained in a prison, the governor or other officer in charge of that prison;

(b) if the person named in the statement is detained in a hospital or special accommodation, the Health and Social Services Board administering that hospital or the Department of Health, Social Services and Public Safety, respectively;

(4) After the registrar receives a civil partnership notice accompanied by a statement to which subsection (2) applies, he must notify the Registrar General and not complete a civil partnership schedule unless the Registrar General directs him to proceed under section 143.

(5) In this section--

(a) "prison" includes a remand centre and a young offenders centre, and

(b) "hospital", "patient", "private hospital" and "special accommodation" have the same meaning as in the Mental Health (Northern Ireland) Order 1986 (S.I. 1986/595 (N.I. 4)).

150 Certificates of no impediment for Part 2 purposes

(1) This section applies where--

(a) two people propose to register as civil partners of each other under Chapter 1 of Part 2, and

(b) one of them ("A") resides in Northern Ireland but the other ("B") resides in England or Wales.

(2) A may give a civil partnership notice under section 139 as if A and B intended to register as civil partners under this Chapter.

(3) If the registrar is satisfied that there is no legal impediment (in the sense given in section 142(7)) to A registering as B's civil partner, he must issue a certificate in the prescribed form that there is not known to be any such impediment.

(4) But the certificate may not be issued before the expiration of such period from the date recorded under section 140(3)(b) as may be prescribed.

(5) Any person may, at any time before a certificate is issued under subsection (3), submit to the registrar an objection in writing to its issue.

(6) Any objection made under subsection (5) must be taken into account by the registrar in deciding whether he is satisfied that there is no legal impediment to A registering as B's civil partner.

151 Registration districts and registration authorities

(1) Each local government district shall be a registration district and the district council shall be the local registration authority for the purposes of this Part.

(2) A district council shall, in the exercise of functions conferred on it as a local registration authority--

(a) act as agent for the Department of Finance and Personnel, and

(b) act in accordance with such directions as that Department may give to the council.

(3) Any expenditure to be incurred by the district council in the exercise of functions conferred on it as a local registration authority shall be subject to the approval of the Registrar General.

(4) The Department of Finance and Personnel shall retain or, as the case may be, defray in respect of each financial year the amount of the difference between--

(a) the aggregate of the amounts of salaries, pension provision and other expenses payable by virtue of this Part in respect of any registration district, and

(b) the aggregate of the amounts received in that registration district under any statutory provision or otherwise by way of fees or other expenses.

152 Registrars and other staff

(1) A local registration authority shall, with the approval of the Registrar General, appoint--

(a) a registrar of civil partnerships, and

(b) one or more deputy registrars of civil partnerships.

(2) A person holding an appointment under subsection (1) may with the approval of, and shall at the direction of, the Registrar General be removed from his office of registrar or deputy registrar by the local registration authority.

(3) A local registration authority shall, at the direction of the Registrar General, appoint additional persons to register civil partnerships and carry out other functions for the purposes of this Part.

(4) A person shall not be appointed under subsection (1) or (3) if he is under the age of 21.

(5) Regulations under section 159 may confer additional functions on a person holding an appointment under subsection (1).

(6) A person holding an appointment under subsection (1) shall, in exercising his functions under this Part or any other statutory provision, be subject to such instructions or directions as the Registrar General may give.

153 Records and documents to be sent to Registrar General

If the Registrar General directs him to do so, a person must send to the Registrar General any record or document relating to civil partnerships in accordance with the Registrar General's directions.

154 Annual report

(1) The Registrar General must send to the Department of Finance and Personnel an annual report of the number of civil partnerships registered during each year, together with such other information as he considers it appropriate to include.

(2) The Department of Finance and Personnel must lay the report before the Northern Ireland Assembly.

155 Searches

(1) The Registrar General must provide indexes to civil partnership registration records in his custody for inspection by the public.

(2) A registrar must provide indexes to civil partnership registration records in his custody for inspection by the public.

(3) Any person may, on payment of the prescribed fee--

(a) search any index mentioned in subsection (1) or (2), and

(b) require the Registrar General or, as the case may be, the registrar to give him a document in the prescribed form relating to the registration of a civil partnership.

(4) The Registrar General must cause any document given by him under this section or section 156 to be stamped with the seal of the General Register Office.

(5) Judicial notice shall be taken of any document so stamped.

156 Proof of civil partnership for purposes of certain statutory provisions

(1) Where the civil partnership of a person is required to be proved for the purposes of any prescribed statutory provision, any person--

(a) on application to the Registrar General, and

(b) on payment of the prescribed fee,

is entitled to a document in the prescribed form relating to the registration of the civil partnership of that person.

(2) An application under subsection (1) must be in such form and accompanied by such particulars as the Registrar General may require.

(3) The Registrar General or any registrar may, on payment of the prescribed fee, issue such information (including a document as mentioned in subsection (1)) as may be required for the purposes of any prescribed statutory provision.

157 Fees

(1) The Department of Finance and Personnel may by order prescribe--

(a) any fee which is required to be prescribed for the purposes of this Chapter;

(b) fees for such other matters as that Department considers necessary or expedient for the purposes of this Chapter.

(2) The power to make an order under subsection (1) is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).

(3) An order under subsection (1) may only be made if a draft has been laid before and approved by resolution of the Northern Ireland Assembly.

158 Offences

(1) Any registrar who signs a civil partnership schedule in the absence of the civil partners is guilty of an offence.

(2) Any person who is not a registrar but officiates at the signing of a civil partnership schedule in such a way as to lead the civil partners to believe that he is a registrar is guilty of an offence.

(3) A person who is guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding 6 months or to both.

(4) Notwithstanding anything in Article 19(1) of the Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)) (limitation of time for taking proceedings), proceedings for an offence under this section may be instituted at any time within 3 years after the commission of the offence.

159 Regulations

(1) The Department of Finance and Personnel may by regulations make such provision as appears to it necessary or expedient for the registration of civil partnerships in Northern Ireland.

(2) The power to make regulations under subsection (1) is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).

(3) Regulations under subsection (1) shall be subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 (1954 c. 33 (N.I.))).

160 Interpretation

In this Chapter--

"civil partnership notice" means a notice of proposed civil partnership under section 139;
"civil partnership notice book" has the meaning given by section 140;
"prescribed", except in relation to a fee, means prescribed by regulations under section 159 and, in relation to a fee, means prescribed by order under section 157;
"registrar" means such person appointed under section 152(1)(a) or (b) or (3) as may be prescribed;
"Registrar General" means the Registrar General for Northern Ireland;
"statutory provision" has the meaning given by section 1(f) of the Interpretation Act (Northern Ireland) 1954 (1954 c. 33 (N.I.)).

Chapter 2 Dissolution, nullity and other proceedings

Introduction

161 Powers to make orders and effect of orders

(1) The court may, in accordance with this Chapter--

(a) make an order (a "dissolution order") which dissolves a civil partnership on the ground that it has broken down irretrievably;

(b) make an order (a "nullity order") which annuls a civil partnership which is void or voidable;

(c) make an order (a "presumption of death order") which dissolves a civil partnership on the ground that one of the civil partners is presumed to be dead;

(d) make an order (a "separation order") which provides for the separation of the civil partners.

(2) Every dissolution, nullity or presumption of death order--

(a) is, in the first instance, a conditional order, and

(b) may not be made final before the end of the prescribed period (see section 162);

and any reference in this Chapter to a conditional order is to be read accordingly.

(3) A nullity order made where a civil partnership is voidable annuls the civil partnership only as respects any time after the order has been made final, and the civil partnership is to be treated (despite the order) as if it had existed up to that time.

(4) In this Chapter "the court" has the meaning given by section 188.

(5) This Chapter is subject to section 219 and sections 228 to 232 (jurisdiction of the court).

162 The period before conditional orders may be made final

(1) Subject to subsection (2), the prescribed period for the purposes of section 161(2)(b) is 6 weeks from the making of the conditional order.

(2) In a particular case the court dealing with the case may by order shorten the prescribed period.

163 Intervention by the Crown Solicitor

(1) This section applies if an application has been made for a dissolution, nullity or presumption of death order.

(2) The court may, if it thinks fit, direct that all necessary papers in the matter are to be sent to the Crown Solicitor who must under the directions of the Attorney General instruct counsel to argue before the court any question in relation to the matter which the court considers it necessary or expedient to have fully argued.

(3) If any person at any time--

(a) during the progress of the proceedings, or

(b) before the conditional order is made final,

gives information to the Crown Solicitor on any matter material to the due decision of the case, the Crown Solicitor may take such steps as the Attorney General considers necessary or expedient.

(4) If the Crown Solicitor intervenes or shows cause against the making of the conditional order in any proceedings relating to its making, the court may make such order as may be just as to--

(a) the payment by other parties to the proceedings of the costs incurred by him in doing so, or

(b) the payment by the Crown Solicitor of any costs incurred by any of those parties because of his doing so.

(5) In this Chapter--

"the Attorney General" means the Attorney General for Northern Ireland; and
"the Crown Solicitor" means the Crown Solicitor for Northern Ireland.

164 Proceedings before order has been made final

(1) This section applies if--

(a) a conditional order has been made, and

(b) the Crown Solicitor, or any person who has not been a party to proceedings in which the order was made, shows cause why the order should not be made final on the ground that material facts have not been brought before the court.

(2) This section also applies if--

(a) a conditional order has been made,

(b) 3 months have elapsed since the earliest date on which an application could have been made for the order to be made final,

(d) the other civil partner makes an application to the court under this subsection.

(3) The court may--

(a) make the order final,

(b) rescind the order,

(d) otherwise deal with the case as it thinks fit.

(4) Subsection (3)(a)--

(a) applies despite section 161(2) (period before conditional orders may be made final), but

(b) is subject to section 172(4) (protection for respondent in separation cases) and section 186 (restrictions on making of orders affecting children).

165 Time bar on applications for dissolution orders

(1) No application for a dissolution order may be made to the court before the end of the period of 2 years from the date of the formation of the civil partnership.

(2) Nothing in this section prevents the making of an application based on matters which occurred before the end of the 2 year period.

166 Attempts at reconciliation of civil partners

(1) This section applies in relation to cases where an application is made for a dissolution or separation order.

(2) If at any stage of proceedings for the order it appears to the court that there is a reasonable possibility of a reconciliation between the civil partners, the court may adjourn the proceedings for such period as it thinks fit to enable attempts to be made to effect a reconciliation between them.

(3) If during any such adjournment the parties resume living with each other in the same household, no account is to be taken of the fact for the purposes of the proceedings.

(4) The power to adjourn under subsection (2) is additional to any other power of adjournment.

167 Consideration by the court of certain agreements or arrangements

(1) This section applies to cases where--

(a) proceedings for a dissolution or separation order are contemplated or have begun, and

(b) an agreement or arrangement is made or proposed to be made between the civil partners which relates to, arises out of, or is connected with, the proceedings.

(2) Rules of court may make provision for enabling--

(a) the civil partners, or either of them, on application made either before or after the making of the application for a dissolution or separation order, to refer the agreement or arrangement to the court, and

(b) the court--

(i) to express an opinion, if it thinks it desirable to do so, as to the reasonableness of the agreement or arrangement, and

(ii) to give such directions, if any, in the matter as it thinks fit.

Dissolution of civil partnership

168 Dissolution of civil partnership which has broken down irretrievably

(1) Subject to section 165, an application for a dissolution order may be made to the court by either civil partner on the ground that the civil partnership has broken down irretrievably.

(2) On an application for a dissolution order the court must inquire, so far as it reasonably can, into--

(a) the facts alleged by the applicant, and

(b) any facts alleged by the respondent.

(3) The court hearing an application for a dissolution order must not hold that the civil partnership has broken down irretrievably unless the applicant satisfies the court of one or more of the facts described in subsection (5)(a), (b), (c) or (d).

(4) But if the court is satisfied of any of those facts, it must make a dissolution order unless it is satisfied on all the evidence that the civil partnership has not broken down irretrievably.

(5) The facts referred to in subsections (3) and (4) are--

(a) that the respondent has behaved in such a way that the applicant cannot reasonably be expected to live with the respondent;

(b) that--

(i) the applicant and the respondent have lived apart for a continuous period of at least 2 years immediately preceding the making of the application ("2 years' separation"), and

(ii) the respondent consents to a dissolution order being made;

(c) that the applicant and the respondent have lived apart for a continuous period of at least 5 years immediately preceding the making of the application ("5 years' separation");

(d) that the respondent has deserted the applicant for a continuous period of at least 2 years immediately preceding the making of the application.

(6) The court must not make a dissolution order without considering the oral testimony of the applicant unless for special reasons it orders that such testimony be dispensed with.

169 Supplemental provisions as to facts raising presumption of breakdown

(1) Subsection (2) applies if--

(a) in any proceedings for a dissolution order the applicant alleges, in reliance on section 168(5)(a), that the respondent has behaved in such a way that the applicant cannot reasonably be expected to live with the respondent, but

(b) after the date of the occurrence of the final incident relied on by the applicant and held by the court to support his allegation, the applicant and the respondent have lived together for a period (or periods) which does not, or which taken together do not, exceed 6 months.

(2) The fact that the applicant and respondent have lived together as mentioned in subsection (1)(b) must be disregarded in determining, for the purposes of section 168(5)(a), whether the applicant cannot reasonably be expected to live with the respondent.

(3) Subsection (4) applies in relation to cases where the applicant alleges, in reliance on section 168(5)(b), that the respondent consents to a dissolution order being made.

(4) Rules of court must make provision for the purpose of ensuring that the respondent has been given such information as will enable him to understand--

(a) the consequences to him of consenting to the order, and

(b) the steps which he must take to indicate his consent.

(5) For the purposes of section 168(5)(d) the court may treat a period of desertion as having continued at a time when the deserting civil partner was incapable of continuing the necessary intention, if the evidence before the court is such that, had he not been so incapable, the court would have inferred that the desertion continued at that time.

(6) In considering for the purposes of section 168(5) whether the period for which the civil partners have lived apart or the period for which the respondent has deserted the applicant has been continuous, no account is to be taken of--

(a) any one period not exceeding 6 months, or

(b) any two or more periods not exceeding 6 months in all,

during which the civil partners resumed living together.

(7) But no period during which the civil partners have lived with each other counts as part of the period during which the civil partners have lived apart or as part of the period of desertion.

(8) For the purposes of section 168(5)(b) and (c) and this section civil partners are to be treated as living apart unless they are living with each other in the same household, and references in this section to civil partners living with each other are to be read as references to their living with each other in the same household.

170 Dissolution order not precluded by previous separation order etc.

(1) Subsections (2) and (3) apply if any of the following orders has been made in relation to a civil partnership--

(a) a separation order;

(b) an order under Schedule 16 (financial relief in court of summary jurisdiction etc.);

(c) an occupation order under Article 11 of the Family Homes and Domestic Violence (Northern Ireland) Order 1998 (S.I. 1998/1071 (N.I. 6) (occupation orders));

(d) an order under Article 15 of that Order (orders where neither civil partner entitled to occupy the home).

(2) Nothing prevents--

(a) either civil partner from applying for a dissolution order, or

(b) the court from making a dissolution order,

on the same facts, or substantially the same facts, as those proved in support of the making of the order referred to in subsection (1).

(3) On the application for the dissolution order, the court--

(a) may treat the order referred to in subsection (1) as sufficient proof of any desertion or other fact by reference to which it was made, but

(b) must not make the dissolution order without receiving evidence from the applicant.

(4) If--

(a) the application for the dissolution order follows a separation order or any order requiring the civil partners to live apart,

(b) there was a period of desertion immediately preceding the institution of the proceedings for the separation order, and

(c) the civil partners have not resumed living together and the separation order has been continuously in force since it was made,

the period of desertion is to be treated for the purposes of the application for the dissolution order as if it had immediately preceded the making of the application.

(5) For the purposes of section 168(5)(d) the court may treat as a period during which the respondent has deserted the applicant any period during which there is in force--

(a) an injunction granted by the High Court or a county court which excludes the respondent from the civil partnership home, or

(b) an order under Article 11 or 15 of the Family Homes and Domestic Violence (Northern Ireland) Order 1998 (S.I. 1998/1071 (N.I. 6)) which prohibits the respondent from occupying a dwelling-house in which the applicant and the respondent have, or at any time have had, a civil partnership home.

171 Refusal of dissolution in 5 year separation cases on ground of grave hardship

(1) The respondent to an application for a dissolution order in which the applicant alleges 5 years' separation may oppose the making of an order on the ground that--

(a) the dissolution of the civil partnership will result in grave financial or other hardship to him, and

(b) it would in all the circumstances be wrong to dissolve the civil partnership.

(2) Subsection (3) applies if--

(a) the making of a dissolution order is opposed under this section,

(b) the court finds that the applicant is entitled to rely in support of his application on the fact of 5 years' separation and makes no such finding as to any other fact mentioned in section 168(5), and

(3) The court must--

(a) consider all the circumstances, including the conduct of the civil partners and the interests of the civil partners and of any children or other persons concerned, and

(b) if it is of the opinion that the ground mentioned in subsection (1) is made out, dismiss the application for the dissolution order.

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