Civil Partnership Act 2004

19 Detained persons E+W

(1) This section applies if two people wish to register as civil partners of each other 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 (c. 20) (short term detentions)), or

(b) in a prison or other place to which the Prison Act 1952 (c. 52) applies.

(3) The procedure under which the two people concerned may register as civil partners of each other is the same as the standard procedure, except that—

(a) each notice of proposed civil partnership must be accompanied by a supporting statement, which must have been made not more than 21 days before the day on which the notice is recorded,

(b) the fact that the registration authority to whom the notice is given has received the supporting statement must be recorded in the register, and

(c) the applicable period (for the purposes of section 17) is the period of 3 months beginning with—

(i) the day on which the notices of proposed civil partnership are recorded, or

(ii) if the notices are not recorded on the same day, the earlier of those days.

(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 that establishment being specified in a notice of proposed civil partnership as the place at which the person is to register as a civil partner.

(5) A supporting statement must contain such information and must be made in such manner as may be prescribed by regulations.

[F1 (5A) Where the detained person is serving a life sentence and is subject to a whole life order, each notice of proposed civil partnership must also be accompanied by a statement made by the Secretary of State not more than 21 days before the day on which the notice is recorded stating that the detained person has the permission required by section 3(1A).

(5B) The fact that the registration authority to whom a notice of proposed civil partnership is given has received a statement under subsection (5A) must be recorded in the register.]

(6) “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 1952 Act applies, the governor or other officer for the time being in charge of that prison or other place.

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

[F2 (7A) “Life sentence” and “whole life order” have the meanings given by section 3(3) of this Act and section 3(4) (persons treated as being subject to a whole life order) applies for the purposes of this section.]

(8) For the purposes of this Chapter, a detained person is to be treated, if he would not otherwise be so treated, as resident and usually resident at the place where he is for the time being.

Textual Amendments

F1 S. 19(5A)(5B) inserted (2.8.2024) by Victims and Prisoners Act 2024 (c. 21), ss. 76(8), 81(2); S.I. 2024/846, reg. 2(b)

F2 S. 19(7A) inserted (2.8.2024) by Victims and Prisoners Act 2024 (c. 21), ss. 76(9), 81(2); S.I. 2024/846, reg. 2(b)

Commencement Information

I1 S. 19 wholly in force at 5.12.2005; s. 19 not in force at Royal Assent see s. 263; s. 19(5) in force for certain purposes at 15.4.2005 by S.I. 2005/1112, art. 2, Sch. 1 and otherwise 5.12.2005 insofar as not already in force by S.I. 2005/3175, art. 2(1), Sch. 1; s. 19(1)-(4)(6)-(8) in force at 5.12.2005 insofar as not already in force by S.I. 2005/3175, art. 2(1), Sch. 1