Civil Partnership Act 2004

Modified procedures for certain non-residents E+W

20 Modified procedures for certain non-residents E+W

(1) Subsection (5) applies in the following [F1 two] cases.

(2) The first is where—

(a) two people wish to register as civil partners of each other in England and Wales, and

(b) one of them (“A”) resides in Scotland and the other (“B”) resides in England or Wales.

(3) F2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) The [F3 second] is where—

(a) two people wish to register as civil partners of each other in England and Wales, and

(b) one of them (“A”) is [F4 an officer, seaman or marine borne on the books of one of Her Majesty's ships at sea.] and the other (“B”) resides in England or Wales.

(5) For the purposes of the standard procedure, the procedure for house-bound persons and the procedure for detained persons—

(a) A is not required to give a notice of proposed civil partnership under this Chapter;

[F5 (b) B may make the necessary declaration without reference to A's usual place of residence for any period;]

(c) the waiting period is calculated by reference to the day on which B’s notice is recorded;

(d) the civil partnership schedule is not to be issued by a registration authority unless A or B produces to that registration authority a certificate of no impediment issued to A under the relevant provision;

(e) the applicable period is calculated by reference to the day on which B’s notice is recorded and, where the standard procedure is used in the [F6 first case], is the period of 3 months beginning with that day;

(f) section 31 applies as if in subsections (1)(a) and (2)(c) for “each notice” there were substituted “ B’s notice ”.

(6) “The relevant provision” means—

(a) if A resides in Scotland, section 97;

(b) F7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) if A is [F8 an officer, seaman or marine borne on the books of one of Her Majesty's ships at sea], section 239.

(7) F9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Word in s. 20(1) substituted (5.12.2005) by The Civil Partnership (Amendments to Registration Provisions) Order 2005 (S.I. 2005/2000), art. 3, Sch. para. 8(2) (subject to art. 1(3))

F2 S. 20(3) omitted (5.12.2005) by virtue of The Civil Partnership (Amendments to Registration Provisions) Order 2005 (S.I. 2005/2000), art. 3, Sch. para. 8(3) (subject to art. 1(3))

F3 Word in s. 20(4) substituted (5.12.2005) by The Civil Partnership (Amendments to Registration Provisions) Order 2005 (S.I. 2005/2000), art. 3, Sch. para. 8(4)(a) (subject to art. 1(3))

F4 Words in s. 20(4) substituted (5.12.2005) by The Civil Partnership (Amendments to Registration Provisions) Order 2005 (S.I. 2005/2000), art. 3, Sch. para. 8(4)(b) (subject to art. 1(3))

F5 S. 20(5)(b) substituted (5.12.2005) by The Civil Partnership (Amendments to Registration Provisions) Order 2005 (S.I. 2005/2000), art. 3, Sch. para. 8(5)(a) (subject to art. 1(3))

F6 Words in s. 20(5)(e) substituted (5.12.2005) by The Civil Partnership (Amendments to Registration Provisions) Order 2005 (S.I. 2005/2000), art. 3, Sch. para. 8(5)(b) (subject to art. 1(3))

F7 S. 20(6)(b) omitted (5.12.2005) by virtue of The Civil Partnership (Amendments to Registration Provisions) Order 2005 (S.I. 2005/2000), art. 3, Sch. para. 8(6)(a) (subject to art. 1(3))

F8 Words in s. 20(6)(c) substituted (5.12.2005) by The Civil Partnership (Amendments to Registration Provisions) Order 2005 (S.I. 2005/2000), art. 3, Sch. para. 8(6)(b) (subject to art. 1(3))

F9 S. 20(7) omitted (5.12.2005) by virtue of The Civil Partnership (Amendments to Registration Provisions) Order 2005 (S.I. 2005/2000), art. 3, Sch. para. 8(7) (subject to art. 1(3))