Civil Partnership Act 2004

Part 2 E+W Obtaining consent: general

Consent of appropriate person unobtainable E+W

3 (1) This paragraph applies if— E+W

(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 E+W

4 (1) This paragraph applies if— E+W

(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 E+W

5 E+W If one of the proposed civil partners is a child and is not a surviving civil partner[F1 , widow or widower], 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.

Textual Amendments

F1 Words in Sch. 2 para. 5 inserted (13.3.2014) by The Marriage (Same Sex Couples) Act 2013 (Consequential and Contrary Provisions and Scotland) Order 2014 (S.I. 2014/560), art. 1(2), Sch. 1 para. 29(3)

Forbidding proposed civil partnership E+W

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. E+W

(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 E+W

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. E+W

(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 E+W

8 E+W 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 E+W 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.