- Latest available (Revised)
- Original (As enacted)
Civil Partnership Act 2004, Section 88 is up to date with all changes known to be in force on or before 22 August 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.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
(1)In order to register as civil partners, each of the intended civil partners must submit to the district registrar a notice, in the prescribed form F1. . . , of intention to enter civil partnership (in this Part referred to as a “notice of proposed civil partnership”).
(2)[F2Each of the intended civil partners must also pay the prescribed fee and submit the following documents—
(a)that person's birth certificate,]
(b)if that person has previously been married or in civil partnership and—
(i)the marriage or civil partnership has been dissolved, a copy of the decree of divorce or dissolution, or
(ii)the other party to that marriage or civil partnership has died, the death certificate of that other party, and
(c)if that person has previously ostensibly been married or in civil partnership but decree of annulment has been obtained, a copy of that decree.
[F3(2A)If an intended civil partner is a relevant national as defined in section 30A(ab)(i) or (ii) the intended civil partner must also submit—
(a)where the intended civil partner falls within section 30A(ab)(i), an electronic certificate which confirms that the leave referred to in that provision has been granted; or
(b)where the intended civil partner falls within section 30A(ab)(ii)—
(i)a certificate of application which confirms that the application referred to in regulation 4 of the Citizens' Rights (Application Deadline and Temporary Protection) (EU Exit) Regulations 2020 has been made; and
(ii)evidence that the relevant period referred to in regulation 4 of those Regulations has not expired.]
(3)If a person is unable to submit a certificate or decree required by subsection (2) he may instead make a declaration to that effect, stating what the reasons are; and he must provide the district registrar with such—
(a)information in respect of the matters to which the certificate or document would have related, and
(b)documentary evidence in support of that information,
as the district registrar may require.
(4)If a document submitted under subsection (2) or (3) is in a language other than English, the person submitting it must[F4, unless subsection (4A) applies,] attach to the document a translation of it in English, certified by the translator as a correct translation.
[F5(4A)This subsection applies where—
(a)the document submitted is accompanied by a multilingual standard form issued by an authority in a Member State of the European Union in accordance with Regulation (EU) 2016/1191 of the European Parliament and of the Council, and
(b)the district registrar considers that the information included in the multilingual standard form is sufficient for processing the document.]
(5)A person submitting a notice under subsection (1) must make and [F6attest in the prescribed manner] the necessary declaration (the form for which must be included in any form prescribed for the notice).
[F7(5A)Regulations prescribing the form of the notice of proposed civil partnership may make provision for the notice to be electronic rather than paper-based.]
(6)The necessary declaration is a declaration that the person submitting the notice believes that the intended civil partners are eligible to be in civil partnership with each other.
[F8(7)In this section, “the district registrar” means—
(a)where the civil partnership is to be registered in a registration district, the district registrar for that district,
(b)where the civil partnership is to be registered in Scottish waters—
(i)in the case where the civil partnership is to be registered by an approved celebrant, the district registrar for any registration district,
(ii)in the case where the civil partnership is to be registered by an authorised registrar, the district registrar for the registration district of the proposed authorised registrar.]
[F9(8)A district registrar to whom a notice under subsection (1) is submitted may require the person submitting the notice to provide the district registrar with specified nationality evidence relating to each of the intended civil partners.
(9)A requirement under subsection (8) may be imposed at any time—
(a)on or after the submitting of the notice under subsection (1), but
(b)before the district registrar completes the civil partnership schedule.
(10)In subsection (8), “specified nationality evidence” means such evidence of that person's nationality as may be specified in guidance issued by the Registrar General.]
Textual Amendments
F1Words in s. 88(1) omitted (1.10.2006 for certain purposes and otherwise 1.1.2007) by virtue of Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. {52(2)(a)}, 63(2); S.S.I. 2006/469, arts. 2, 3, Schs. 1, 2
F2Words in s. 88(2) substituted (1.10.2006 for certain purposes and otherwise 1.1.2007) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 52(2)(b), 63(2); S.S.I. 2006/469, arts. 2, 3, Schs. 1, 2
F3S. 88(2A) inserted (1.7.2021) by The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1309), regs. 1(2)(c), 16(4)
F4Words in s. 88(4) inserted (16.2.2019) by The Multilingual Standard Forms (Consequential Amendments) (Scotland) Regulations 2018 (S.S.I. 2018/374), regs. 1(1), 3(2)
F5S. 88(4A) inserted (16.2.2019) by The Multilingual Standard Forms (Consequential Amendments) (Scotland) Regulations 2018 (S.S.I. 2018/374), regs. 1(1), 3(3)
F6Words in s. 88(5) substituted (1.10.2006 for certain purposes and otherwise 1.1.2007) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 52(2)(c), 63(2); S.S.I. 2006/469, arts. 2, 3, Schs. 1, 2
F7S. 88(5A) inserted (1.10.2006) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 52(2)(d), 63(2); S.S.I. 2006/469, art. 2, Sch. 1
F8S. 88(7) inserted (16.12.2014) by Marriage and Civil Partnership (Scotland) Act 2014 (asp 5), ss. 24(5), 36; S.S.I. 2014/287, art. 3, sch.
F9S. 88(8)-(10) inserted (1.9.2014) by Marriage and Civil Partnership (Scotland) Act 2014 (asp 5), ss. 25, 36; S.S.I. 2014/212, art. 2, sch. (as amended (1.9.2014) by S.S.I. 2014/218, art. 2(3), sch.)
Commencement Information
I1S. 88 wholly in force at 5.12.2005; s. 88 not in force at Royal Assent see s. 263; s. 88(1)(5) in force at 14.9.2005 for certain purposes by S.S.I. 2005/428, art. 2, Sch. and otherwise 5.12.2005 insofar as not already in force by S.S.I. 2005/604, art. 2(b); s. 88(2)-(4)(6) in force at 5.12.2005 insofar as not already in force by S.S.I. 2005/604, art. 2(b)
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: