The Marriage and Civil Partnership (Conversion of Civil Partnership and Fees) (Amendment) Regulations 2021

Amendments to the Marriage of Same Sex Couples (Conversion of Civil Partnership) Regulations 2014

2.—(1) The Marriage of Same Sex Couples (Conversion of Civil Partnership) Regulations 2014(1) are amended as follows.

(2) In regulation 2 after the definition of “local authority” insert—

““occupation” includes rank or profession;”.

(3) In regulation 4—

(a) in paragraph (1)—

(i) for “and (3)” substitute “, (3) and (where relevant) (4B)”;

(ii) at the end insert “in accordance with this regulation (subject to paragraphs (4D) and (5))”;

(b) in paragraph (2)—

(i) for sub-paragraph (e) substitute—

“(e) current occupation or, if the party has no current occupation, former occupation (if any);”;

(ii) for sub-paragraph (g) substitute—

“(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).”;

(c) for paragraph (4) substitute—

“(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.”;

(d) in paragraph (6) for “in paragraphs (2) and (3)” substitute “required by this regulation to be recorded on the conversion declaration”;

(e) omit paragraph (7);

(f) at the end insert—

“(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.”

(4) In regulation 6(1)(a) for “and (3)” substitute “, (3) and (where relevant) (4B)”.

(5) In regulation 9(2)(a) for “and (3)” substitute “, (3) and (where relevant) (4B)”.

(6) In regulation 10(2)(a) for “and (3)” substitute “, (3) and (where relevant) (4B)”.

(7) In regulation 18—

(a) in paragraph (1)(d)—

(i) at the beginning insert “subject to paragraph (3G),”;

(ii) for paragraphs (iii) and (iv) substitute—

“(iii) date of birth;

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

(iii) for paragraph (vi) substitute—

“(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).”;

(b) for paragraph (3) substitute—

“(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.”;

(c) after paragraph (5) insert—

“(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.”

(8) In regulation 21—

(a) in paragraph (2)—

(i) omit “or certified extracts”;

(ii) omit “or extracts”;

(b) in paragraph (3)(a) and (b) omit “or certified extract”.

(1)

S.I. 2014/3181, amended by S.I. 2019/1458; there are other amending instruments but none is relevant.