The Marriage of Same Sex Couples (Conversion of Civil Partnership) Regulations 2014

Regulation 6

SCHEDULE 1 E+W

1.  The evidence which must be provided for the purposes of regulations 6(1)(b), 7 and 8 (evidence of name, address and date of birth of each of the civil partners) is as follows— E+W

(a) to establish name and date of birth, one of the following documents must be provided:

(i) United Kingdom birth certificate (together with another piece of evidence listed in this paragraph to establish current name, if changed since birth);

(ii) valid passport;

(iii) valid EEA identity card;

(iv) valid travel document issued in the United Kingdom at the discretion of the Secretary of State to persons who have been formally and, in the view of the Secretary of State, unreasonably, refused a passport by the authorities in their own countries and who have—

(aa) been granted limited leave to enter or remain or humanitarian protection on rejection of a claim for asylum or for recognition as a stateless person; or

(bb) been granted indefinite leave to remain;

(v) valid travel document issued pursuant to Article 28 of the Convention relating to the Status of Refugees done at Geneva on 28th July 1951(1);

(vi) valid travel document issued pursuant to Article 28 of the Stateless Convention;

(vii) valid driving licence with photograph (full or provisional issued by the United Kingdom, Isle of Man or Channel Islands);

(viii) valid HM Forces identity card issued by the United Kingdom;

(ix) valid registration card within the meaning of section 26A(1) of the Immigration Act 1971(2);

(x) valid biometric immigration document within the meaning of section 5(1)(a) of the UK Borders Act 2007(3);

(xi) if none of the documents listed in (i) to (x) are available, such other document as the Registrar General determines it is reasonable to accept in the particular circumstances of the case.

(b) To establish address, one of the following documents must be provided:

(i) utility bill dated no more than three months before the date on which it is received by the superintendent registrar;

(ii) bank or building society statement dated no more than one month before the date on which it is received by the superintendent registrar;

(iii) council tax bill dated no more than one year before the date on which it is received by the superintendent registrar;

(iv) valid United Kingdom driving licence (full or provisional issued by the United Kingdom, Isle of Man or Channel Islands) (whether or not it was also provided under paragraph (a));

(v) if none of the documents listed in (i) to (iv) are available, such other document as the Registrar General determines it is reasonable to accept in the particular circumstances of the case.

Commencement Information

I1 Sch. 1 para. 1 in force at 10.12.2014, see reg. 1

2.  In this Schedule— E+W

(a) “claim for asylum” means a claim within the meaning of section 94(1) of the Immigration and Asylum Act 1999(4);

(b) “humanitarian protection” means protection granted in accordance with paragraph 339C of the immigration rules;

(c) “immigration rules” means the rules for the time being laid down as mentioned in section 3(2) of the Immigration Act 1971(5);

(d) “indefinite leave to remain” means leave to remain in the United Kingdom given in accordance with the provisions of the Immigration Act 1971 or the immigration rules which is not limited as to duration;

(e) “limited leave to enter or remain” means leave to enter or remain in the United Kingdom given in accordance with the provisions of the Immigration Act 1971 or the immigration rules which is limited as to duration;

(f) “Stateless Convention” means the Convention relating to the Status of Stateless Persons done at New York on 28th September 1954(6);

(g) “stateless person” has the same meaning as in Article 1 of the Stateless Convention;

(h) “travel document” means a document which is not a passport, allowing a person to travel outside the United Kingdom.

Commencement Information

I2 Sch. 1 para. 2 in force at 10.12.2014, see reg. 1

3.  The evidence which must be provided for the purposes of regulations 6(1)(c), 7 and 8, to establish the formation of the civil partnership, is a certified copy of the entry in the civil partnership register made on the formation of the civil partnership. E+W

Commencement Information

I3 Sch. 1 para. 3 in force at 10.12.2014, see reg. 1

Regulation 41

SCHEDULE 2 E+W Consequential Amendments

1.—(1) The Civil Partnership (Registration Provisions) Regulations 2005(7) are amended as follows. E+W

(2) In regulation 15 (access to civil partnership records), before paragraph (6), insert—

“(5A) Where a civil partnership is converted into a marriage under section 9 of the Marriage (Same Sex Couples) Act 2013, no certified copy or certified extract of the entry relating to it in the civil partnership register may be issued unless it is annotated in accordance with regulations made under that section.”

Commencement Information

I4 Sch. 2 para. 1 in force at 10.12.2014, see reg. 1

2.—(1) The Civil Partnership (Registration Abroad and Certificates) Order 2005(8) is amended as follows. E+W

(2) In article 14 (transmission of documents to UK), before paragraph (4), insert—

“(3A) Where a civil partnership is converted into a marriage under section 9 of the Marriage (Same Sex Couples) Act 2013, no certified copy of a civil partnership document received by him under paragraph (1) may be issued by the Registrar General for England and Wales unless it is annotated in accordance with regulations made under that section.”.

Commencement Information

I5 Sch. 2 para. 2 in force at 10.12.2014, see reg. 1

(1)

United Nations, Treaty Series, volume 189 at page 137.

(2)

1971 c. 77. Section 26A was inserted by section 148 of the Nationality, Immigration and Asylum Act 2002 (c. 41); and subsection (1) was amended by article 2 of S.I. 2008/1693.

(3)

2007 c. 30.

(4)

1999 c. 33.

(5)

1971 c. 77. There are amendments to section 3, not relevant here.

(6)

United Nations, Treaty Series, volume 360 at page 117.

(7)

S.I. 2005/3176.

(8)

S.I. 2005/2761.