Civil Partnership Act 2004

Part 2 U.K. England and Wales

Application of this Part U.K.

3 U.K. This Part of this Schedule applies if the civil partnership is to be formed in England and Wales by signing a civil partnership schedule.

Procedure for giving notice of proposed civil partnership U.K.

4 (1) Each notice of proposed civil partnership under Chapter 1 of Part 2 of this Act— U.K.

(a) must be given to a registration authority specified for the purposes of this paragraph by regulations made by the Secretary of State, F1 . . .

(b) must be delivered to the relevant individual in person by the two proposed civil partners.

[F2 (c) may be given only if each of the proposed civil partners has been resident in the area of a registration authority for the period of 7 days immediately before the giving of his or her notice (but the area need not be that of the registration authority to which the notice is given and the proposed civil partners need not have resided in the area of same registration authority), and

(d) must state, in relation to each of the proposed civil partners, the registration authority by reference to the area of which paragraph (c) is satisfied.]

(2) “The relevant individual” means such employee or officer or other person provided by the specified registration authority as is determined in accordance with regulations made by the Secretary of State for the purposes of this sub-paragraph.

(3) Regulations under sub-paragraph (2) may, in particular, describe a person by reference to the location or office where he works.

(4) Before making any regulations under this paragraph the Secretary of State must consult the Registrar General.

Textual Amendments

F1 Word in Sch. 23 para. 4(1)(a) omitted (5.12.2005) by virtue of The Civil Partnership (Amendments to Registration Provisions) Order 2005 (S.I. 2005/2000), art. 3, Sch. para. 19(2)(a) (subject to art. 1(2)(3))

F2 Sch. 23 para. 4(1)(c)(d) inserted (5.12.2005) by The Civil Partnership (Amendments to Registration Provisions) Order 2005 (S.I. 2005/2000), art. 3, Sch. para. 19(2)(b) (subject to art. 1(2)(3))

Commencement Information

I1 Sch. 23 para. 4 wholly in force at 5.12.2005; Sch. 23 para. 4 not in force at Royal Assent see s. 263; Sch. 23 para. 4 in force for certain purposes at 15.4.2005 by S.I. 2005/1112, art. 2, Sch. 1 and Sch. 23 para. 4 in force otherwise at 5.12.2005 by S.I. 2005/3175, art. 2(1), Sch. 1

Declaration U.K.

5 The necessary declaration under section 8 must include a statement that the person subject to immigration control fulfils the qualifying condition (and the reason why).

Recording of notice U.K.

6 (1) 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 specified evidence that the person fulfils the qualifying condition.

(2) “Specified evidence” means such evidence as may be specified in guidance issued by the Registrar General.

Modifications etc. (not altering text)

C1 Sch. 23 para. 6 wholly in force at 5.12.2005; Sch. 23 para. 6 not in force at Royal Assent see s. 263; Sch. 23 para. 6 in force for certain purposes at 15.4.2005 by S.I. 2005/1112, art. 2, Sch. 1 and Sch. 23 para. 6 in force otherwise at 5.12.2005 by S.I. 2005/3175, art. 2(1), Sch. 1

Supplementary U.K.

7 (1) Part 2 of this Act has effect in any case where this Part of this Schedule applies subject to any necessary modification. U.K.

(2) In particular [F3 —

(a) section 8(4)(b) has effect as if it required a declaration that the notice of proposed civil partnership is given in compliance with paragraph 4(1) above, and

(b) section 52 has effect as if the matters proof of which is not necessary in support of the civil partnership included compliance with this Part of this Schedule.]

(3) An expression used in this Part of this Schedule and in Chapter 1 of Part 2 of this Act has the same meaning as in that Chapter.

Textual Amendments

F3 Words in Sch. 23 para. 7(2) inserted (5.12.2005) by The Civil Partnership (Amendments to Registration Provisions) Order 2005 (S.I. 2005/2000), art. 3, Sch. para. 19(3) (subject to art. 1(2)(3))