Civil Partnership Act 2004

Chapter 1 U.K. Registration outside UK under Order in Council

210 Registration at British consulates etc. U.K.

(1) Her Majesty may by Order in Council make provision for two people to register as civil partners of each other—

(a) in prescribed countries or territories outside the United Kingdom, and

(b) in the presence of [F1 a registration officer] ,

in cases where the officer is satisfied that the conditions in subsection (2) are met.

(2) The conditions are that—

(a) at least one of the proposed civil partners is a United Kingdom national,

(b) the proposed civil partners would have been eligible to register as civil partners of each other in such part of the United Kingdom as is determined in accordance with the Order,

(c) the authorities of the country or territory in which it is proposed that they register as civil partners will not object to the registration, and

(d) insufficient facilities exist for them to enter into an overseas relationship under the law of that country or territory.

(3) [F2 A registration officer] is not required to allow two people to register as civil partners of each other if in his opinion the formation of a civil partnership between them would be inconsistent with international law or the comity of nations.

(4) An Order in Council under this section may make provision for appeals against a refusal, in reliance on subsection (3), to allow two people to register as civil partners of each other.

(5) An Order in Council under this section may provide that two people who register as civil partners of each other under such an Order are to be treated for the purposes of sections 221(1)(c)(i) and (2)(c)(i), 222(c), 224(b), 225(1)(c)(i) and (3)(c)(i), 229(1)(c)(i) and (2)(c)(i) [F3 and section 232(b)] and section 1(3)(c)(i) of the Presumption of Death (Scotland) Act 1977 (c. 27) as if they had done so in the part of the United Kingdom determined as mentioned in subsection (2)(b).

[F4 (6) “Registration officer” means—

(a) a consular officer in the service of Her Majesty’s government in the United Kingdom, or

(b) in the case of registration in a country [F5 or territory] in which Her Majesty’s government in the United Kingdom has for the time being no consular representative, a person authorised by the Secretary of State in respect of registration of civil partnerships in that country [F5 or territory] .]

Textual Amendments

F1 Words in s. 210(1)(b) substituted (5.12.2012) by The Legislative Reform (Civil Partnership) Order 2012 (S.I. 2012/3100), arts. 1, 2(2)

F2 Words in s. 210(3) substituted (5.12.2012) by The Legislative Reform (Civil Partnership) Order 2012 (S.I. 2012/3100), arts. 1, 2(3)

F3 Words in s. 210(5) substituted (9.11.2009) by Presumption of Death Act (Northern Ireland) 2009 (c. 6 (N.I.)), ss. 19(1), 20, Sch. 2; S.R. 2009/356, art. 2

F4 S. 210(6) inserted (5.12.2012) by The Legislative Reform (Civil Partnership) Order 2012 (S.I. 2012/3100), arts. 1, 2(4)

F5 Words in s. 210(6) inserted (13.3.2014) by Marriage (Same Sex Couples) Act 2013 (c. 30), s. 21(3), Sch. 7 para. 36; S.I. 2014/93, art. 3(k)(iv)

Commencement Information

I1 S. 210 wholly in force at 5.12.2005; s. 210 not in force at Royal Assent see s. 263; s. 210(1)(2)(4)(5) in force at 15.4.2005 by S.I. 2005/1112, art. 2, Sch. 2; s. 210(3) in force at 5.12.2005 by S.I. 2005/3175, art. 3, Sch. 2

211 Registration by armed forces personnel U.K.

(1) Her Majesty may by Order in Council make provision for two people to register as civil partners of each other—

(a) in prescribed countries or territories outside the United Kingdom, and

(b) in the presence of an officer appointed by virtue of the Registration of Births, Deaths and Marriages (Special Provisions) Act 1957 (c. 58),

in cases where the officer is satisfied that the conditions in subsection (2) are met.

(2) The conditions are that—

(a) at least one of the proposed civil partners—

(i) is a member of a part of Her Majesty’s forces serving in the country or territory,

(ii) is employed in the country or territory in such other capacity as may be prescribed, or

(iii) is a child of a person falling within sub-paragraph (i) or (ii) and has his home with that person in that country or territory,

(b) the proposed civil partners would have been eligible to register as civil partners of each other in such part of the United Kingdom as is determined in accordance with the Order, and

(c) such other requirements as may be prescribed are complied with.

(3) In determining for the purposes of subsection (2) whether one person is the child of another, a person who is or was treated by another as a child of the family in relation to—

(a) a marriage to which the other is or was a party, or

(b) a civil partnership in which the other is or was a civil partner,

is to be regarded as the other’s child.

(4) An Order in Council under this section may provide that two people who register as civil partners of each other under such an Order are to be treated for the purposes of section 221(1)(c)(i) and (2)(c)(i), 222(c), 224(b), 225(1)(c)(i) and (3)(c)(i), 229(1)(c)(i) and (2)(c)(i) [F6 and section 232(b)] and section 1(3)(c)(i) of the Presumption of Death (Scotland) Act 1977 (c. 27) as if they had done so in the part of the United Kingdom determined in accordance with subsection (2)(b).

(5) Any references in this section—

(a) to a country or territory outside the United Kingdom,

(b) to forces serving in such a country or territory, and

(c) to persons employed in such a country or territory,

include references to ships which are for the time being in the waters of a country or territory outside the United Kingdom, to forces serving in any such ship and to persons employed in any such ship.

Textual Amendments

F6 Words in s. 211(4) substituted (9.11.2009) by Presumption of Death Act (Northern Ireland) 2009 (c. 6 (N.I.)), ss. 19(1), 20, Sch. 2; S.R. 2009/356, art. 2