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

PART 2 E+W Conversion in England and Wales

Conversion declaration E+W

3.—(1) The parties to a civil partnership are to be regarded as having converted their civil partnership to a marriage when, having followed one of the procedures mentioned in regulation 5—

(a) at the invitation of the superintendent registrar, and in the presence of the superintendent registrar and of each other, each of them has signed the conversion declaration; and

(b) the superintendent registrar has also signed the conversion declaration in the presence of the parties.

(2) In this Part of these Regulations, “conversion declaration”, in relation to a conversion, means a document containing—

(a) the information recorded by the superintendent registrar in accordance with regulation 4(1);

(b) a declaration in the following terms: “I solemnly and sincerely declare that we are in a civil partnership with each other and I know of no legal reason why we may not convert our civil partnership into a marriage. I understand that on signing this document we will be converting our civil partnership into a marriage and you will thereby become my lawful wife [or husband].”; and

(c) a declaration that the party believes that all of the information and evidence given for the purposes of the conversion is true.

(3) As well as signing the conversion declaration as mentioned in paragraph (1)(a), the parties may, if they wish, say the words of the declaration in paragraph (2)(b) to each other in the presence of the superintendent registrar.

Commencement Information

I1 Reg. 3 in force at 10.12.2014, see reg. 1

Information to be provided to Superintendent Registrar E+W

4.—(1) Before the parties to a civil partnership may convert their civil partnership into a marriage, the information in paragraphs (2) [F1 , (3) and (where relevant) (4B)] must be provided by the parties in accordance with regulations 6, 7, 8, 9 or 10 (as the case may be) and recorded by the superintendent registrar on the conversion declaration [F2 in accordance with this regulation (subject to paragraphs (4D) and (5))].

(2) Each party must provide the following details pertaining to that party—

(a) forenames;

(b) surname;

(c) date of birth;

(d) sex;

[F3 (e) current occupation or, if the party has no current occupation, former occupation (if any);]

(f) address; and

[F4 (g) subject to paragraphs (4) to (4D), each parent’s—

(i) forenames and surname, and

(ii) current occupation or, if the parent has no current occupation or has died, former occupation (if any).]

(3) The parties must jointly provide details of—

(a) the date and place of the formation of the parties’ civil partnership;

(b) the place at which it is proposed that the conversion declaration will be made.

[F5 (4) Paragraph (4A) applies where—

(a) a party wishes the conversion declaration to record details about one or more step-parents of that party (“the nominated step-parents”) in addition to or instead of details about any parent of that party (“the relevant parent”),

(b) the party provides the superintendent registrar with the details required by paragraph (4B),

(c) those details are provided together with instructions about whether the party wishes those details to be recorded in addition to or instead of details of the relevant parent, and

(d) the condition in paragraph (4C) is satisfied.

(4A) The superintendent registrar must—

(a) record on the conversion declaration the details provided under paragraph (4)(b) in respect of each of the nominated step-parents, in accordance with the instructions provided under paragraph (4)(c),

(b) record the word “step-parent” after the surname of each of the nominated step-parents on the conversion declaration,

(c) if informed that any of the nominated step-parents has died, record the word “deceased” after the word “step-parent” recorded after the step-parent’s name under sub-paragraph (b), and

(d) if provided with the former occupation of any of the nominated step-parents and informed that the step-parent has or had retired from that occupation, record the word “retired” after that occupation.

(4B) The details required by this paragraph, for the purposes of paragraph (4), are the following in respect of each of the nominated step-parents—

(a) the step-parent’s forenames and surname, and

(b) the step-parent’s current occupation or, if the step-parent has no current occupation or has died, former occupation (if any).

(4C) The condition in this paragraph is that recording on the conversion declaration, in accordance with the party’s wishes, the details about every step-parent whose details the party wishes the conversion declaration to record would not result in the details of more than four individuals in total being recorded on the conversion declaration as parents or step-parents of that party.

(4D) Where the superintendent registrar is required by paragraph (4A) to record details about one or more step-parents of a party instead of details about a parent of the party, paragraph (2) does not require the party to provide any details about that parent.

(4E) Where the superintendent registrar records details on the conversion declaration about the parent of a party and is informed that the parent has died, the superintendent registrar must record the word “deceased” after that parent’s name.

(4F) Where the superintendent registrar records a party’s former occupation on the conversion declaration and is informed that the party has retired from that occupation, the superintendent registrar must record the word “retired” after that occupation.

(4G) Where the superintendent registrar records the former occupation of a party’s parent on the conversion declaration and is informed that the parent has or had retired from that occupation, the superintendent registrar must record the word “retired” after that occupation.]

(5) Where it appears to the superintendent registrar that a party is unable to provide certain of the details required by paragraph (2), the superintendent registrar may convert the civil partnership without those details if it is reasonable to do so.

(6) The superintendent registrar must record the date on which the information [F6 required by this regulation to be recorded on the conversion declaration] is recorded on the conversion declaration.

F7 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F8 (8) In this regulation a “step-parent” of a party means a step-parent of that party who is or has been married to, or the civil partner of, a parent of that party.]

Textual Amendments

F1 Words in reg. 4(1) substituted (4.5.2021) by The Marriage and Civil Partnership (Conversion of Civil Partnership and Fees) (Amendment) Regulations 2021 (S.I. 2021/440), regs. 1(2), 2(3)(a)(i) (with reg. 3)

F2 Words in reg. 4(1) inserted (4.5.2021) by The Marriage and Civil Partnership (Conversion of Civil Partnership and Fees) (Amendment) Regulations 2021 (S.I. 2021/440), regs. 1(2), 2(3)(a)(ii) (with reg. 3)

F3 Reg. 4(2)(e) substituted (4.5.2021) by The Marriage and Civil Partnership (Conversion of Civil Partnership and Fees) (Amendment) Regulations 2021 (S.I. 2021/440), regs. 1(2), 2(3)(b)(i) (with reg. 3)

F4 Reg. 4(2)(g) substituted (4.5.2021) by The Marriage and Civil Partnership (Conversion of Civil Partnership and Fees) (Amendment) Regulations 2021 (S.I. 2021/440), regs. 1(2), 2(3)(b)(ii) (with reg. 3)

F5 Reg. 4(4)-(4G) substituted for reg. 4(4) (4.5.2021) by The Marriage and Civil Partnership (Conversion of Civil Partnership and Fees) (Amendment) Regulations 2021 (S.I. 2021/440), regs. 1(2), 2(3)(c) (with reg. 3)

F6 Words in reg. 4(6) substituted (4.5.2021) by The Marriage and Civil Partnership (Conversion of Civil Partnership and Fees) (Amendment) Regulations 2021 (S.I. 2021/440), regs. 1(2), 2(3)(d) (with reg. 3)

F7 Reg. 4(7) omitted (4.5.2021) by virtue of The Marriage and Civil Partnership (Conversion of Civil Partnership and Fees) (Amendment) Regulations 2021 (S.I. 2021/440), regs. 1(2), 2(3)(e)

F8 Reg. 4(8) inserted (4.5.2021) by The Marriage and Civil Partnership (Conversion of Civil Partnership and Fees) (Amendment) Regulations 2021 (S.I. 2021/440), regs. 1(2), 2(3)(f) (with reg. 3)

Commencement Information

I2 Reg. 4 in force at 10.12.2014, see reg. 1

Conversion procedures E+W

5.  The parties to a civil partnership may convert their civil partnership into a marriage in accordance with, as applicable—

(a) the standard procedure (regulation 6);

(b) the procedure for housebound persons (regulation 7);

(c) the procedure for detained persons (regulation 8);

(d) the special procedure (which is for cases where a person is seriously ill and is not expected to recover) (regulation 9); or

(e) the two stage procedure (regulations 10 to 12).

Commencement Information

I3 Reg. 5 in force at 10.12.2014, see reg. 1

Standard procedure for conversion E+W

6.—(1) For the parties to a civil partnership to convert their civil partnership into a marriage in accordance with the standard procedure—

(a) they must attend together in person before the superintendent registrar of a registration district to provide the information required by regulation 4(2) [F9 , (3) and (where relevant) (4B)];

(b) each party must give the superintendent registrar the evidence specified in Schedule 1 relating to the name, address and date of birth of that party;

(c) the parties must jointly give the superintendent registrar the evidence specified in Schedule 1 relating to the formation of their civil partnership; and

[F10 (d) the parties must pay the appropriate fee to the superintendent registrar.]

(2) A conversion in accordance with the standard procedure must take place at a register office or any other premises provided by the local authority for the exercise of the superintendent registrar’s functions (not being premises approved for the solemnization of marriages under section 46A of the 1949 Act(1)).

Textual Amendments

F9 Words in reg. 6(1)(a) substituted (4.5.2021) by The Marriage and Civil Partnership (Conversion of Civil Partnership and Fees) (Amendment) Regulations 2021 (S.I. 2021/440), regs. 1(2), 2(4) (with reg. 3)

F10 Reg. 6(1)(d) substituted (5.10.2016) by The Registration of Births, Deaths, Marriages and Civil Partnerships (Fees) Regulations 2016 (S.I. 2016/911), reg. 1, Sch. 2 para. 3(3)

Commencement Information

I4 Reg. 6 in force at 10.12.2014, see reg. 1

Procedure for housebound persons E+W

7.—(1) This regulation applies if the parties to a civil partnership wish to convert their civil partnership into a marriage at the place where one of them is housebound.

(2) A person is housebound at any place if, in relation to that person, a statement is made by a registered medical practitioner that, in his or her opinion—

(a) because of illness or disability, that person ought not to move or be moved from the place where he or she is at the time the statement is made; and

(b) it is likely to be the case for at least the following three months that because of the illness or disability that person ought not to move or be moved from that place.

(3) The procedure under which the parties may convert their civil partnership into a marriage is the same as the standard procedure, except that—

(a) the details and evidence required by regulation 6(1)(a) to (c) must be accompanied by a statement made under paragraph (2) (a “medical statement”), which must have been made not more than 14 days before the day on which the medical statement is received by the superintendent registrar;

(b) the superintendent registrar must attend the parties together at the place at which one of the civil partners is housebound in order to convert the civil partnership;

(c) if the conversion does not take place within three months after the date on which the medical statement was made, the superintendent registrar may require the civil partners to provide a new medical statement before any conversion in accordance with the procedure for housebound persons;

(d) the fact that the superintendent registrar has received the medical statement must be recorded in the conversion register; and

[F11 (e) the parties must pay the appropriate fee to the superintendent registrar.]

(4) A medical statement may not be made in relation to a person who is detained as described in regulation 8.

Textual Amendments

F11 Reg. 7(3)(e) substituted (5.10.2016) by The Registration of Births, Deaths, Marriages and Civil Partnerships (Fees) Regulations 2016 (S.I. 2016/911), reg. 1, Sch. 2 para. 3(4)

Commencement Information

I5 Reg. 7 in force at 10.12.2014, see reg. 1

Procedure for detained persons E+W

8.—(1) This regulation applies if the parties to a civil partnership wish to convert their civil partnership into a marriage at the place where one of them is detained.

(2) “Detained” means detained—

(a) as a patient in a hospital (but otherwise than by virtue of section 2, 4, 5, 35, 36 or 136 of the Mental Health Act 1983(2) (short term detentions)), or

(b) in a prison or other place to which the Prison Act 1952(3) applies.

(3) The procedure under which the parties may convert their civil partnership into a marriage is the same as the standard procedure, except that—

(a) the details and evidence required under regulation 6(1)(a) to (c) must be accompanied by a supporting statement, which must have been made not more than 21 days before the day on which the supporting statement is received by the superintendent registrar;

(b) the superintendent registrar must attend the parties together at the place identified in the supporting statement in order to convert the civil partnership;

(c) if the conversion of the civil partnership does not take place within three months after the day on which the supporting statement was made, the superintendent registrar may require the parties to provide a new supporting statement before any conversion in accordance with the procedure for detained persons;

(d) the fact that the superintendent registrar has received the supporting statement must be recorded in the conversion register; and

[F12 (e) the parties must pay the appropriate fee to the superintendent registrar.]

(4) A supporting statement, in relation to a detained person, is a statement made by the responsible authority which—

(a) identifies the establishment where the person is detained; and

(b) states that the responsible authority has no objection to the superintendent registrar attending the establishment to convert the person’s civil partnership into a marriage.

(5) “The responsible authority” means—

(a) if the person is detained in a hospital, the hospital’s managers;

(b) if the person is detained in a prison or other place to which the Prison Act 1952 applies, the governor or other officer for the time being in charge of that prison or other place.

(6) “Patient” and “hospital” have the same meaning as in Part 2 of the Mental Health Act 1983, and “managers” in relation to a hospital, has the same meaning as in section 145(1) of that Act(4).

Textual Amendments

F12 Reg. 8(3)(e) substituted (5.10.2016) by The Registration of Births, Deaths, Marriages and Civil Partnerships (Fees) Regulations 2016 (S.I. 2016/911), reg. 1, Sch. 2 para. 3(5)

Commencement Information

I6 Reg. 8 in force at 10.12.2014, see reg. 1

The special procedure E+W

9.—(1) This regulation applies if the parties to a civil partnership wish to convert their civil partnership into a marriage under the special procedure, which applies where one of the parties is seriously ill and is not expected to recover.

(2) For the parties to convert their civil partnership into a marriage in accordance with the special procedure, one of them must—

(a) attend in person before the superintendent registrar of a registration district to provide the details required by regulation 4(2) [F13 , (3) and (where relevant) (4B)] in respect of both parties;

(b) provide such evidence as the superintendent registrar may require in order to be satisfied—

(i) of the name, address and date of birth of each of the parties;

(ii) of the formation of their civil partnership;

(iii) that one of the parties—

(aa) is seriously ill and is not expected to recover;

(bb) cannot be moved to a register office in England and Wales; and

(cc) understands the nature and purport of signing the conversion declaration; and

[F14 (c) pay the appropriate fee to the superintendent registrar.]

(3) The certificate of a registered medical practitioner is sufficient evidence of any or all of the matters referred to in paragraph (2)(b)(iii).

(4) The superintendent registrar must attend the parties at any place at which the seriously ill party referred to in paragraph (2)(b)(iii) is present in order to convert the civil partnership.

(5) A conversion in accordance with the special procedure must take place within one month of the date recorded by the superintendent registrar in accordance with regulation 4(6).

(6) The fact that the conversion was carried out in accordance with the special procedure must be recorded in the conversion register.

Textual Amendments

F13 Words in reg. 9(2)(a) substituted (4.5.2021) by The Marriage and Civil Partnership (Conversion of Civil Partnership and Fees) (Amendment) Regulations 2021 (S.I. 2021/440), regs. 1(2), 2(5) (with reg. 3)

F14 Reg. 9(2)(c) substituted (5.10.2016) by The Registration of Births, Deaths, Marriages and Civil Partnerships (Fees) Regulations 2016 (S.I. 2016/911), reg. 1, Sch. 2 para. 3(6)

Commencement Information

I7 Reg. 9 in force at 10.12.2014, see reg. 1

The two stage procedure E+W

10.—(1) This regulation and regulation 11 or 12, as the case may be, apply if the parties to a civil partnership wish to convert their civil partnership into a marriage at one of the places mentioned in regulation 11(1) or 12(1).

(2) For the parties to convert their civil partnership into a marriage in accordance with this regulation and regulation 11 or 12—

(a) they must attend together in person before the superintendent registrar of a registration district to provide the information required by regulation 4(2) [F15 , (3) and (where relevant) (4B)];

(b) each party must give the superintendent registrar the evidence specified in Schedule 1 relating to the name, address and date of birth of that party;

(c) they must jointly give the superintendent registrar the evidence specified in Schedule 1 relating to the formation of their civil partnership; and

(d) they must pay to the superintendent registrar the [F16 appropriate fee].

(3) A conversion in accordance with this regulation and regulation 11 or 12, as the case may be, must take place within one year of the date recorded by the superintendent registrar in accordance with regulation 4(6).

Textual Amendments

F15 Words in reg. 10(2)(a) substituted (4.5.2021) by The Marriage and Civil Partnership (Conversion of Civil Partnership and Fees) (Amendment) Regulations 2021 (S.I. 2021/440), regs. 1(2), 2(6) (with reg. 3)

F16 Words in reg. 10(2)(d) substituted (5.10.2016) by The Registration of Births, Deaths, Marriages and Civil Partnerships (Fees) Regulations 2016 (S.I. 2016/911), reg. 1, Sch. 2 para. 3(7)

Commencement Information

I8 Reg. 10 in force at 10.12.2014, see reg. 1

Conversion on secular premises E+W

11.—(1) This regulation applies if the parties to a civil partnership wish to convert their civil partnership into a marriage—

(a) in a register office (otherwise than in accordance with the standard procedure in regulation 6); or

(b) on premises approved for the solemnization of marriages under section 46A of the 1949 Act(5) (“approved premises”).

(2) The superintendent registrar referred to in regulation 10(2) must either—

(a) if the conversion is to take place in the superintendent registrar’s registration district, arrange with the parties, on payment by the parties of the fee for a conversion on secular premises (in addition to the fee payable under regulation 10(2)(d)), to attend at a place mentioned in paragraph (1) to sign the conversion declaration in accordance with regulation 3(1); or

(b) if the conversion is to take place in a different registration district, notify the parties and the superintendent registrar of that registration district that the requirements of regulation 10(2) are met in respect of the parties to the civil partnership.

(3) On receipt of a notification under paragraph (2)(b), and on payment by the parties of the fee for a conversion on secular premises, the superintendent registrar of the registration district in which the conversion is to take place must arrange with the parties to attend at a place mentioned in paragraph (1) to sign the conversion declaration in accordance with regulation 3(1).

(4) No religious service may be used at a conversion in accordance with this regulation.

[F17 (5) The fee for a conversion on secular premises referred to in paragraph (2)(a) and (3)—

(a) is payable to the superintendent registrar of the registration district in which the conversion is to take place; and

(b) is of an amount to be determined by the authority as reasonably representing all the costs to it of providing a superintendent registrar to attend at the conversion.]

(6) In this regulation,

“authority” means the local authority in whose area the register office or approved premises are situated.

Textual Amendments

F17 Reg. 11(5) substituted (5.10.2016) by The Registration of Births, Deaths, Marriages and Civil Partnerships (Fees) Regulations 2016 (S.I. 2016/911), reg. 1, Sch. 2 para. 3(7)(a)

Commencement Information

I9 Reg. 11 in force at 10.12.2014, see reg. 1

Conversion on religious premises E+W

12.—(1) This regulation applies if the parties to a civil partnership wish to convert their civil partnership into a marriage—

(a) in a building registered for the solemnization of marriages of same sex couples under section 43A of the 1949 Act(6), and in which a ceremony under section 46 of the 1949 Act(7) is to be held in respect of the marriage immediately following the conversion;

(b) (except where regulations 7, 8 or 9 apply), at a place at which a ceremony according to the usages of the Jews or the Society of Friends under section 46 of the 1949 Act is to be held in respect of the marriage immediately following the conversion; or

(c) where at least one of the parties to a proposed conversion is a qualified person within the meaning of section 68(2) of the 1949 Act(8), in a naval, military or air force chapel registered for the solemnization of marriages of same sex couples under section 70A of the 1949 Act(9), and in which a ceremony under section 46 of the 1949 Act is to be held in respect of the marriage immediately following the conversion.

(2) If the superintendent registrar referred to in regulation 10(2) is satisfied that the requirements section 46(1C)(10) of the 1949 Act are met, the superintendent registrar must either—

(a) if the conversion is to take place in the superintendent registrar’s registration district, arrange with the parties, on payment by the parties of the [F18 appropriate] fee for a conversion on religious premises (in addition to the fee payable under regulation 10(2)(d)), to attend at a place mentioned in paragraph (1) to sign the conversion declaration in accordance with regulation 3(1); or

(b) if the conversion is to take place in a different registration district, notify the parties and the superintendent registrar of that registration district that the requirements of regulation 10(2) and section 46(1C) of the 1949 Act are met in respect of the parties to the civil partnership.

(3) On receipt of a notification under paragraph (2)(b), and on payment by the parties of the [F19 appropriate] fee for a conversion on religious premises, the superintendent registrar of the registration district in which the conversion is to take place must arrange with the parties to attend at a place mentioned in paragraph (1) to sign the conversion declaration in accordance with regulation 3(1).

F20 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) The superintendent registrar (referred to in regulation 10(2) or in regulation 12(3), or both) may require—

(a) the relevant governing authority to produce evidence relating to the consent referred to in section 46(1C) of the 1949 Act; and

(b) the trustees or governing body of the relevant religious organisation to provide written confirmation that a ceremony under section 46 of the 1949 Act is to be held in respect of the marriage immediately following the conversion.

(6) In determining if a person is a qualified person for the purposes of paragraph (1)(c), the “relevant date” for the purposes of section 68 of the 1949 Act is the date of the conversion.

(7) In this regulation, “relevant governing authority” and “relevant religious organisation” have the same meaning as in section 46(1D) of the 1949 Act.

Textual Amendments

F18 Word in reg. 12(2)(a) inserted (5.10.2016) by The Registration of Births, Deaths, Marriages and Civil Partnerships (Fees) Regulations 2016 (S.I. 2016/911), reg. 1, Sch. 2 para. 3(8)(a)

F19 Word in reg. 12(3) inserted (5.10.2016) by The Registration of Births, Deaths, Marriages and Civil Partnerships (Fees) Regulations 2016 (S.I. 2016/911), reg. 1, Sch. 2 para. 3(8)(b)

F20 Reg. 12(4) omitted (5.10.2016) by virtue of The Registration of Births, Deaths, Marriages and Civil Partnerships (Fees) Regulations 2016 (S.I. 2016/911), reg. 1, Sch. 2 para. 3(8)(c)

Commencement Information

I10 Reg. 12 in force at 10.12.2014, see reg. 1

Conversion followed by religious ceremony E+W

13.  Where a conversion (following the procedures set out in regulations 7, 8, 9 or 10 and 12) is immediately to be followed by a ceremony under section 46 of the 1949 Act, the certificate of the parties’ marriage to be produced under section 46(1) is the signed conversion declaration.

Commencement Information

I11 Reg. 13 in force at 10.12.2014, see reg. 1

Ceremonies E+W

14.—(1) A local authority may provide a service or ceremony following a conversion in such form as may be agreed with the parties, and on payment of an amount determined by the local authority as reasonably representing all the costs to it of providing the service or ceremony.

(2) No religious service may be used at a service or ceremony under paragraph (1).

Commencement Information

I12 Reg. 14 in force at 10.12.2014, see reg. 1

Waiver of fees E+W

F21 15.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F21 Reg. 15 omitted (5.10.2016) by virtue of The Registration of Births, Deaths, Marriages and Civil Partnerships (Fees) Regulations 2016 (S.I. 2016/911), reg. 1, Sch. 2 para. 3(9)

F22 16.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F22 Reg. 16 omitted (5.10.2016) by virtue of The Registration of Births, Deaths, Marriages and Civil Partnerships (Fees) Regulations 2016 (S.I. 2016/911), reg. 1, Sch. 2 para. 3(9)

Verification and amendment of contents of conversion declaration E+W

17.—(1) Before the conversion declaration is signed by the parties, the superintendent registrar must confirm with the parties that the information entered on the declaration is complete and correct and if it is not, amend it as necessary.

(2) Any amendment of the information on the conversion declaration must be initialled by the party to whom that information relates.

(3) Where either of the parties sign the conversion declaration by making a mark or by signing in characters other than those used in the English or Welsh languages, the superintendent registrar must enter against the mark or signature the words “The mark (or signature) of...” inserting the forenames and surname of the party.

Commencement Information

I13 Reg. 17 in force at 10.12.2014, see reg. 1

Duty to register marriage resulting from conversion E+W

18.—(1) As soon as practicable after the conversion declaration is signed, the superintendent registrar who has signed the conversion declaration in accordance with regulation 3(1)(b) must register the following details in the conversion register—

(a) the date and place of registration of the marriage (see paragraph (2));

(b) the date from which the marriage is to be treated as having subsisted by virtue of section 9(6) of the 2013 Act(11);

(c) the condition of each of the parties, which is to be registered as ‘civil partner’;

(d) [F23 subject to paragraph (3G),] the following details pertaining to each of the parties—

(i) forenames;

(ii) surname;

[F24 (iii) date of birth;

(iv) current occupation or, where the party has no current occupation, former occupation (if any);]

(v) address; and

[F25 (vi) subject to paragraphs (3) to (3C), each parent’s—

(aa) forenames and surname, and

(bb) current occupation or, if the parent has no current occupation or has died, former occupation (if any).]

(2) In paragraph (1)(a), the date and place of registration of the marriage means the date on, and place at which the conversion declaration is signed, whether or not the marriage was registered on that date and at that place.

[F26 (3) Paragraph (3A) applies where—

(a) a party wishes the conversion register to record details about one or more step-parents of that party (“the nominated step-parents”) in addition to or instead of details about any parent of that party (“the relevant parent”), and

(b) the conditions in paragraphs (3B) and (3C) are satisfied.

(3A) The superintendent registrar must—

(a) register in the conversion register the details provided under paragraph (3B)(a) in respect of each of the nominated step-parents, in accordance with the party’s wishes communicated under paragraph (3B)(b),

(b) enter the word “step-parent” after each step-parent’s surname in the conversion register,

(c) if informed that any of the nominated step-parents has died, enter the word “deceased” after the word “step-parent” entered after the step-parent’s surname under sub-paragraph (b), and

(d) if provided with the former occupation of any of the nominated step-parents and informed that the step-parent has or had retired from that occupation, enter the word “retired” after that occupation.

(3B) The condition in this paragraph is that the superintendent registrar—

(a) is provided with the following details in respect of each of the nominated step-parents—

(i) forenames and surname, and

(ii) current occupation or, if the step-parent has no current occupation or has died, former occupation, and

(b) is informed whether the party wishes those details to be recorded in addition to or instead of the details of the relevant parent.

(3C) The condition in this paragraph is that registering in the conversion register, in accordance with the party’s wishes, the details about every step-parent whose details the party wishes the register to record would not result in the details of more than four individuals in total being registered in the conversion register as parents or step-parents of that party.

(3D) Where the superintendent registrar registers details in the conversion register about the parent of a party and is informed that the parent has died, the superintendent registrar must enter the word “deceased” after that parent’s name.

(3E) Where the superintendent registrar registers a party’s former occupation in the conversion register and is informed that the party has retired from that occupation, the superintendent registrar must enter the word “retired” after that occupation.

(3F) Where the superintendent registrar registers the former occupation of a party’s parent in the conversion register and is informed that the parent has or had retired from that occupation, the superintendent registrar must enter the word “retired” after that occupation.

(3G) The superintendent registrar may omit any of the details required by paragraph (1)(d) from the conversion register where the details were not recorded on the conversion declaration and have not subsequently been provided by a party for the purposes of this regulation.]

(4) The parties to the conversion are entitled, once the marriage has been registered, to a certified copy of the entry relating to it in the conversion register on payment, to the superintendent registrar, of [F27 the appropriate fee].

(5) A superintendent registrar must not register any marriage resulting from a conversion to which he or she is a party.

[F28 (6) In this regulation a “step-parent” of a party means a step-parent of that party who is or has been married to, or the civil partner of, a parent of that party.]

Textual Amendments

F23 Words in reg. 18(1)(d) inserted (4.5.2021) by The Marriage and Civil Partnership (Conversion of Civil Partnership and Fees) (Amendment) Regulations 2021 (S.I. 2021/440), regs. 1(2), 2(7)(a)(i)

F24 Reg. 18(1)(d)(iii)(iv) substituted (4.5.2021) by The Marriage and Civil Partnership (Conversion of Civil Partnership and Fees) (Amendment) Regulations 2021 (S.I. 2021/440), regs. 1(2), 2(7)(a)(ii)

F25 Reg. 18(1)(d)(vi) substituted (4.5.2021) by The Marriage and Civil Partnership (Conversion of Civil Partnership and Fees) (Amendment) Regulations 2021 (S.I. 2021/440), regs. 1(2), 2(7)(a)(iii)

F26 Reg. 18(3)-(3G) substituted for reg. 18(3) (4.5.2021) by The Marriage and Civil Partnership (Conversion of Civil Partnership and Fees) (Amendment) Regulations 2021 (S.I. 2021/440), regs. 1(2), 2(7)(b)

F27 Words in reg. 18(4) substituted (5.10.2016) by The Registration of Births, Deaths, Marriages and Civil Partnerships (Fees) Regulations 2016 (S.I. 2016/911), reg. 1, Sch. 2 para. 3(10)

F28 Reg. 18(6) inserted (4.5.2021) by The Marriage and Civil Partnership (Conversion of Civil Partnership and Fees) (Amendment) Regulations 2021 (S.I. 2021/440), regs. 1(2), 2(7)(c)

Commencement Information

I14 Reg. 18 in force at 10.12.2014, see reg. 1

Completion of declaration and registration in Welsh E+W

19.  The conversion declaration and the conversion register must be completed in English, and may also be completed in Welsh if—

(a) the civil partners both so elect, and provide the required details in both languages;

(b) the conversion takes place in Wales; and

(c) the superintendent registrar by whom the conversion is completed can understand and write Welsh.

Commencement Information

I15 Reg. 19 in force at 10.12.2014, see reg. 1

Verification of information and evidence E+W

20.—(1) A superintendent registrar may obtain from the persons mentioned in paragraph (2), information relating to persons seeking to convert a civil partnership for the purposes mentioned in paragraph (3).

(2) The persons from whom information may be obtained are—

(a) the superintendent registrar of any registration district in England and Wales;

(b) any registration authority;

(c) the Registrar General.

(3) The purposes for which information may be obtained are—

(a) to verify the formation and existence of the civil partnership;

(b) to verify any of the information and evidence provided by the civil partners.

(4) A superintendent registrar may interview each of the persons seeking to convert a civil partnership into a marriage individually.

(5) Nothing in this regulation limits any other power under which information may be disclosed or obtained.

Commencement Information

I16 Reg. 20 in force at 10.12.2014, see reg. 1

Duty to annotate civil partnership records E+W

21.—(1) As soon as practicable after a marriage is registered in accordance with regulation 18(1), or the Registrar General is notified of a conversion under Part 3 or 4 of these Regulations, the Registrar General must ensure that any records of the civil partnership held by the Registrar General (which does not include the indexes made under regulation 17(1) of the Civil Partnership (Registration Provisions) Regulations 2005(12)), are annotated with the date and place of the conversion.

(2) After a marriage is registered in accordance with regulation 18(1), or the Registrar General is notified of a conversion under Part 3 or 4 of these Regulations, the Registrar General or a registration authority may not issue any of the certified copies F29 ... within paragraph (3) relating to a civil partnership that has been converted into a marriage, unless the copies F30 ... include the annotation made under paragraph (1).

(3) Paragraph (2) applies to—

(a) any certified copy F31 ... of an entry in the civil partnership register issued pursuant to regulation 13 of the Civil Partnership (Registration Provisions) Regulations 2005(13);

(b) any certified copy F32 ... of an entry in the civil partnership register issued pursuant to regulation 14 of the Civil Partnership (Registration Provisions) Regulations 2005;

(c) any certified copy of a civil partnership document issued pursuant to article 14(3) of the Civil Partnership (Registration Abroad and Certificates) Order 2005(14).

Textual Amendments

F29 Words in reg. 21(2) omitted (4.5.2021) by virtue of The Marriage and Civil Partnership (Conversion of Civil Partnership and Fees) (Amendment) Regulations 2021 (S.I. 2021/440), regs. 1(2), 2(8)(a)(i)

F30 Words in reg. 21(2) omitted (4.5.2021) by virtue of The Marriage and Civil Partnership (Conversion of Civil Partnership and Fees) (Amendment) Regulations 2021 (S.I. 2021/440), regs. 1(2), 2(8)(a)(ii)

F31 Words in reg. 21(3)(a) omitted (4.5.2021) by virtue of The Marriage and Civil Partnership (Conversion of Civil Partnership and Fees) (Amendment) Regulations 2021 (S.I. 2021/440), regs. 1(2), 2(8)(b)

F32 Words in reg. 21(3)(b) omitted (4.5.2021) by virtue of The Marriage and Civil Partnership (Conversion of Civil Partnership and Fees) (Amendment) Regulations 2021 (S.I. 2021/440), regs. 1(2), 2(8)(b)

Commencement Information

I17 Reg. 21 in force at 10.12.2014, see reg. 1

The conversion register E+W

22.—(1) The Registrar General must provide a system for keeping any records that relate to conversions and are required by this Part of these Regulations to be made (“the conversion register”).

(2) That system may, in particular, enable those records to be kept together with other records kept by the Registrar General.

Commencement Information

I18 Reg. 22 in force at 10.12.2014, see reg. 1

Searches of indexes of conversion records kept by the Registrar General and issue of copies E+W

23.—(1) The Registrar General must cause indexes of all entries in the conversion register to be made and to be kept in the General Register Office.

(2) Any person is entitled to search the indexes of the conversion register at any time when the General Register Office is open for that purpose, and to have a certified copy of any entry in the conversion register, on payment to the Registrar General of the [F33 appropriate fee].

(3) The Registrar General must cause all certified copies given in the General Register Office to be sealed or stamped with the seal of that Office.

(4) Any certified copy stamped with the seal of the General Register Office is to be received in evidence of the marriage to which it relates without any further proof of the entry.

(5) No certified copy purporting to have been given by the General Register Office is to be of any force or effect unless it is sealed or stamped in accordance with paragraph (3).

(6) For the purpose of discharging the duty in paragraph (1), and the duty in section 65(1) of the 1949 Act(15) (duty to keep an index [F34 of entries in the marriage register and certified copies of entries in marriage register books]), the Registrar General may keep a joint index of entries in the conversion register [F35 and entries in the marriage register and certified copies of entries in marriage register books].

Textual Amendments

F33 Words in reg. 23(2) substituted (5.10.2016) by The Registration of Births, Deaths, Marriages and Civil Partnerships (Fees) Regulations 2016 (S.I. 2016/911), reg. 1, Sch. 2 para. 3(11)

F34 Words in reg. 23(6) substituted (4.5.2021) by The Registration of Marriages Regulations 2021 (S.I. 2021/411), reg. 1(2), Sch. 1 para. 66(2)(a) (with Sch. 2)

F35 Words in reg. 23(6) substituted (4.5.2021) by The Registration of Marriages Regulations 2021 (S.I. 2021/411), reg. 1(2), Sch. 1 para. 66(2)(b) (with Sch. 2)

Commencement Information

I19 Reg. 23 in force at 10.12.2014, see reg. 1

Searches of indexes of conversion records kept by the superintendent registrar and issue of copies E+W

24.—(1) Every superintendent registrar must cause indexes of entries in the conversion register relating to all conversions registered in the superintendent registrar’s registration district to be made and to be kept with other records in the register office.

(2) Any person is entitled at any time when the register office is required to be open for the transaction of public business to search the indexes, and to have a certified copy of any entry in the conversion register, on payment to the superintendent registrar of the [F36 appropriate fee].

(3) The superintendent registrar must sign all certified copies given in accordance with paragraph (2).

(4) Any certified copy signed by the superintendent registrar is to be received in evidence of the marriage to which it relates without any further proof of the entry.

(5) No certified copy purporting to have been given by the superintendent registrar is to be of any force or effect unless it is signed in accordance with paragraph (3).

(6) For the purpose of discharging the duty in paragraph (1), and the duty in section 64(1) of the 1949 Act(16) (duty to keep an index [F37 of entries in the marriage register and certified copies of entries in marriage register books]), the superintendent registrar may keep a joint index of entries in the conversion register [F38 and entries in the marriage register and certified copies of entries in marriage register books].

Textual Amendments

F36 Words in reg. 24(2) substituted (5.10.2016) by The Registration of Births, Deaths, Marriages and Civil Partnerships (Fees) Regulations 2016 (S.I. 2016/911), reg. 1, Sch. 2 para. 3(12)

F37 Words in reg. 24(6) substituted (4.5.2021) by The Registration of Marriages Regulations 2021 (S.I. 2021/411), reg. 1(2), Sch. 1 para. 66(3)(a) (with Sch. 2)

F38 Words in reg. 24(6) substituted (4.5.2021) by The Registration of Marriages Regulations 2021 (S.I. 2021/411), reg. 1(2), Sch. 1 para. 66(3)(b) (with Sch. 2)

Commencement Information

I20 Reg. 24 in force at 10.12.2014, see reg. 1

Retention of documents relating to conversions E+W

25.  A superintendent registrar must—

(a) forward the conversion declarations to the Registrar General at such time as the Registrar General may require; and

(b) retain all other information and any medical or supporting statements provided to or obtained by the superintendent registrar in connection with a conversion, or proposed conversion, for a minimum period of 5 years.

Commencement Information

I21 Reg. 25 in force at 10.12.2014, see reg. 1

Duties of the superintendent registrar E+W

26.—(1) A superintendent registrar must immediately report any offence, or suspected offence, under the Perjury Act 1911(17) or the Forgery and Counterfeiting Act 1981(18) to the Registrar General in writing and must deliver to the Registrar General such documents in the superintendent registrar’s possession relating to the offence as the Registrar General may require.

(2) Nothing in this regulation limits any other power or duty under which offences, or suspected offences may be reported by the superintendent registrar.

Commencement Information

I22 Reg. 26 in force at 10.12.2014, see reg. 1

Correction of errors generally E+W

27.—(1) An error in the conversion register may only be corrected in accordance with regulation 28 if the entry in the conversion register is complete.

(2) For the purpose of these Regulations, an entry in the conversion register is complete when the superintendent registrar has discharged the duty under regulation 18(1) (duty to register marriage resulting from conversion).

Commencement Information

I23 Reg. 27 in force at 10.12.2014, see reg. 1

Correction of errors E+W

28.  If—

(a) one of the parties to the marriage or a superintendent registrar discovers any error in an entry in the conversion register which is complete, they must report it to the Registrar General giving such information as the Registrar General may require;

(b) the Registrar General receives from one of the parties to the marriage or from a superintendent registrar satisfactory evidence relating to an error caused by the superintendent registrar when the information was recorded in the conversion register, the Registrar General may correct it, or may authorise the superintendent registrar to correct it, but the corrected entry is only to show the information as corrected;

(c) the Registrar General receives from one of the parties to the marriage or from a superintendent registrar satisfactory evidence relating to an error caused by one of the parties when providing information to the superintendent registrar, the Registrar General may correct it, or may authorise the superintendent registrar to correct it, by making a marginal note to show the correct information, but the original entry must remain unchanged after that correction.

Commencement Information

I24 Reg. 28 in force at 10.12.2014, see reg. 1

(1)

1949 c. 76; section 46A was inserted by section 1(2) of the Marriage Act 1994 (c. 34). There are amendments to the section, not relevant here.

(2)

1983 c. 20. There are amendments to all sections referred to, none relevant here.

(3)

1952 c. 52.

(4)

The definition of “managers” in section 145(1) was amended by section 2(1) of, and paragraph 107(14)(b) of Schedule 1 to, the Health Authorities Act 1995 (c. 17); article 3 of, and paragraph 13(13)(ii) of Schedule 1 to, the References to Health Authorities Order 2007 (S.I. 2007/961); section 2 of, and paragraph 70(d) of Schedule 1 to, the National Health Service (Consequential Provisions) Act 2006 (c. 43); and section 55(2) of, and paragraph 31(1)(a) of Schedule 5 to, the Health and Social Care Act 2012 (c. 7).

(5)

1949 c. 76; section 46A was inserted by section 1(2) of the Marriage Act 1994 (c. 34). There are amendments to the section, not relevant here.

(6)

Section 43A was inserted by section 4(2) of, and paragraph 2 of Schedule 1 to, the Marriage (Same Sex Couples) Act 2013.

(7)

Section 46 was amended by section 17(4) of, and paragraph 13 of Schedule 7 to, the Marriage (Same Sex Couples) Act 2013.

(8)

The definition of ‘qualified person’ in section 68(2) of the 1949 Act was amended by section 20 of, and paragraph 8 of Schedule 3 to, and by section 28(2) of, and Part 1 of Schedule 5 to, the Armed Forces Act 1981 (c. 55); and by section 34 of, and paragraph 31(a) of Schedule 6 to, the Armed Forces Act 2001 (c. 19).

(9)

Section 70A was inserted by section 6(4) of the Marriage (Same Sex Couples) Act 2013.

(10)

Section 46(1C) was inserted by section 17 of, and paragraph 13 of Schedule 7 to, the Marriage (Same Sex Couples) Act 2013 (c. 30).

(11)

2013 c. 30. Section 9(6) provides that where a civil partnership is converted into a marriage under section 9, the resulting marriage is to be treated as having subsisted since the date the civil partnership was formed.

(12)

S.I. 2005/3176.

(13)

Regulation 2 of S.I. 2005/3176 provides that “certified copy” means a copy of an entry in the civil partnership register which contains all of the information recorded in that entry; and “certified extract” means a copy of an entry in the civil partnership register which does not include the addresses of the civil partners as recorded in that entry.

(14)

S.I. 2005/2761.

(15)

1949 c. 76. There are amendments to section 65(2) and (4), not relevant here.

(16)

1949 c. 76. There are amendments to section 64(2), not relevant here.

(17)

1911 c. 6.

(18)

1981 c. 45.