Civil Partnership Act 2004

Prospective

7 (1) Sub-paragraphs (5) to (8) apply (in place of section 20) 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) A is not required to give a notice of proposed civil partnership to a registration authority in England or Wales in order to register in England or Wales as B’s civil partner.

(6) 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.

(7) If, on giving such notice, B makes an election under this paragraph, Chapter 1 of Part 2 applies with the modifications given in paragraphs 4 to 6 and the further modifications in sub-paragraph (8).

(8) The further modifications are that—

(a) 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;

(b) the applicable period is the period of one month beginning with the day on which B’s notice is given;

(c) section 31 applies as if in subsections (1)(a) and (2)(c) for “each notice” there were substituted “ B’s notice ”.

(9) “The relevant provision” means—

(a) if A resides in Scotland, section 97;

(b) if A resides in Northern Ireland, section 150;

(c) if A is a member of Her Majesty’s forces who is serving outside the United Kingdom, section 239.

(10) “Her Majesty’s forces” has the same meaning as in the Army Act 1955 (3 & 4 Eliz. 2 c. 18).