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Civil Partnership Act 2004
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Changes over time for: Section 219
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Changes to legislation:
Civil Partnership Act 2004, Section 219 is up to date with all changes known to be in force on or before 26 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to Section 219:
- s. 19(4)(c) and word inserted by 2024 c. 21 s. 76(7)(b)
- s. 102(8A) inserted by 2023 asp 3 s. 56(2)
- s. 103(10) inserted by 2023 asp 3 s. 56(5)
- s. 108(5) inserted by 2023 asp 3 s. 56(8)
- s. 213(1A) inserted by 2013 c. 30 Sch. 2 para. 5(2)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 19(4)(c) and word inserted by 2024 c. 21 s. 76(7)(b)
- s. 102(8A) inserted by 2023 asp 3 s. 56(2)
- s. 103(10) inserted by 2023 asp 3 s. 56(5)
- s. 108(5) inserted by 2023 asp 3 s. 56(8)
- s. 213(1A) inserted by 2013 c. 30 Sch. 2 para. 5(2)
219Power to make provision [F1corresponding to EC Regulation 2201/2003] [F1as to jurisdiction in relation to civil partnerships] U.K.
This section has no associated Explanatory Notes
[F2(1)The Lord Chancellor may by regulations make provision—
(a)as to the jurisdiction of courts in England and Wales F3... in proceedings for the dissolution or annulment of a civil partnership or for legal separation of the civil partners in cases where a civil partner—
(i)is or has been habitually resident in [F4England and Wales, or]
F5(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(iii)is domiciled in [F6England and Wales], F7...
F7(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F8(1A)The Department of Justice in Northern Ireland may by regulations make provision—
(a)as to the jurisdiction of courts in Northern Ireland in proceedings for the dissolution or annulment of a civil partnership or for legal separation of the civil partners [F9in cases where a civil partner—
(i)is or has been habitually resident in Northern Ireland, or
(ii)is domiciled in Northern Ireland.]
F10(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]
(2)The Scottish Ministers may by regulations make provision—
(a)as to the jurisdiction of courts in Scotland in proceedings for the dissolution or annulment of a civil partnership or for legal separation of the civil partners in such cases as are mentioned in subsection (1)(a), and
(b)as to the recognition in Scotland of any such judgment as is mentioned in subsection (1)(b).
F11(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F11(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F11(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6)Regulations under subsection (1) are to be made by statutory instrument and may only be made if a draft has been laid before and approved by resolution of each House of Parliament.
[F12(6A)Regulations under subsection (1A) are to be made by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979.
(6B)No regulations shall be made under subsection (1A) unless a draft has been laid before and approved by resolution of the Northern Ireland Assembly.
(6C)Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of subsection (6B) in relation to the laying of a draft as it applies in relation to the laying of a statutory document under an enactment.]
(7)Regulations under subsection (2) are to be made by statutory instrument and may only be made if a draft has been laid before and approved by resolution of the Scottish Parliament.
(8)In this Part “section 219 regulations” means regulations made under this section.]
Textual Amendments
F1Words in s. 219 heading substituted (E.W. N.I.) (31.12.2020) by The Civil Partnership and Marriage (Same Sex Couples) (Jurisdiction and Judgments) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/495), regs. 1, 4(2)(a); 2020 c. 1, Sch. 5 para. 1(1)
F2S. 219 omitted (S.) (31.12.2020) by virtue of The Jurisdiction and Judgments (Family, Civil Partnership and Marriage (Same Sex Couples)) (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 (S.S.I. 2019/104), reg. 1, sch. 1 para. 4(2) (with reg. 6) (as amended by S.S.I. 2020/441, regs. 1(2)(a), 16); 2020 c. 1, Sch. 5 para. 1(1)
F3Words in s. 219(1)(a)(b) omitted (12.4.2010) by virtue of The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 15(5), Sch. 18 para. 73(a) (with arts. 28-31)
F4Words in s. 219(1)(a)(i) substituted (E.W. N.I.) (31.12.2020) by The Civil Partnership and Marriage (Same Sex Couples) (Jurisdiction and Judgments) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/495), regs. 1, 4(2)(b)(i)(aa); 2020 c. 1, Sch. 5 para. 1(1)
F5S. 219(1)(a)(ii) and word omitted (E.W. N.I.) (31.12.2020) by virtue of The Civil Partnership and Marriage (Same Sex Couples) (Jurisdiction and Judgments) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/495), regs. 1, 4(2)(b)(i)(bb); 2020 c. 1, Sch. 5 para. 1(1)
F6Words in s. 219(1)(a)(iii) substituted (E.W. N.I.) (31.12.2020) by The Civil Partnership and Marriage (Same Sex Couples) (Jurisdiction and Judgments) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/495), regs. 1, 4(2)(b)(i)(cc); 2020 c. 1, Sch. 5 para. 1(1)
F7S. 219(1)(b) and word omitted (E.W. N.I.) (31.12.2020) by virtue of The Civil Partnership and Marriage (Same Sex Couples) (Jurisdiction and Judgments) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/495), regs. 1, 4(2)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F8S. 219(1A) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 15(5), Sch. 18 para. 73(b) (with arts. 28-31)
F9Words in s. 219(1A)(a) substituted (31.12.2020) by The Civil Partnership and Marriage (Same Sex Couples) (Jurisdiction and Judgments) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/495), regs. 1, 4(2)(c)(i); 2020 c. 1, Sch. 5 para. 1(1)
F10S. 219(1A)(b) omitted (31.12.2020) by virtue of The Civil Partnership and Marriage (Same Sex Couples) (Jurisdiction and Judgments) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/495), regs. 1, 4(2)(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F11S. 219(3)-(5) omitted (E.W. N.I.) (31.12.2020) by virtue of The Civil Partnership and Marriage (Same Sex Couples) (Jurisdiction and Judgments) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/495), regs. 1, 4(2)(d); 2020 c. 1, Sch. 5 para. 1(1)
F12S. 219(6A)-(6C) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 15(5), Sch. 18 para. 73(d) (with arts. 28-31)
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