Civil Partnership Act 2004 (c. 33)

SCHEDULES

SCHEDULE 2 E+W Civil partnerships of persons under 18: England and Wales

Part 1 E+W Appropriate persons

1 E+W 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 [F1 child arrangements order to which paragraph 2A applies] 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 [F1 child arrangements order to which paragraph 2A applies] 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.

Textual Amendments

F1 Words in Sch. 2 para. 1 substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 66(2); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

2 E+W In the table—

• “the 1989 Act” means the Children Act 1989 (c. 41) and “guardian of a child”, “parental responsibility”, [F2 “child arrangements 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.

Textual Amendments

F2 Words in Sch. 2 para. 2 substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 66(3); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

[F3 2A E+W A child arrangements order (as defined by section 8 of the Children Act 1989) is one to which this paragraph applies if the order regulates arrangements that consist of, or include, arrangements which relate to either or both of the following—

(a) with whom the child is to live, and

(b) when the child is to live with any person.]

Textual Amendments

F3 Sch. 2 para. 2A inserted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 66(4); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)