SCHEDULES

C1SCHEDULE 1Prohibited degrees of relationship: England and Wales

Annotations:
Modifications etc. (not altering text)

Part 2Special provisions relating to qualified prohibitions

Provisions relating to paragraph 2

4

Paragraphs 5 to 7 apply where two people are subject to paragraph 2 but intend to register as civil partners of each other by signing a civil partnership schedule.

I15

1

The fact that a notice of proposed civil partnership has been given must not be recorded in the register unless the registration authority—

a

is satisfied by the production of evidence that both the proposed civil partners have reached 21, and

b

has received a declaration made by each of the proposed civil partners—

i

specifying their affinal relationship, and

ii

declaring that the younger of them has not at any time before reaching 18 been a child of the family in relation to the other.

2

Sub-paragraph (1) does not apply if a declaration is obtained under paragraph 7.

3

A declaration under sub-paragraph (1)(b) must contain such information and must be signed and attested in such manner as may be prescribed by regulations.

4

The fact that a registration authority has received a declaration under sub-paragraph (1)(b) must be recorded in the register.

5

A declaration under sub-paragraph (1)(b) must be filed and kept by the registration authority.

6

1

Sub-paragraph (2) applies if—

a

a registration authority receives from a person who is not one of the proposed civil partners a written statement signed by that person which alleges that a declaration made under paragraph 5 is false in a material particular, and

b

the register shows that such a statement has been received.

2

The registration authority in whose area it is proposed that the registration take place must not issue a civil partnership schedule unless a High Court declaration is obtained under paragraph 7.

7

1

Either of the proposed civil partners may apply to the High Court for a declaration that, given that—

a

both of them have reached 21, and

b

the younger of those persons has not at any time before reaching 18 been a child of the family in relation to the other,

there is no impediment of affinity to the formation of the civil partnership.

2

Such an application may be made whether or not any statement has been received by the registration authority under paragraph 6.

8

Section 13 (objection to proposed civil partnership) does not apply in relation to a civil partnership to which paragraphs 5 to 7 apply, except so far as an objection to the issue of a civil partnership schedule is made under that section on a ground other than the affinity between the proposed civil partners.

Provisions relating to paragraph 3

9

1

This paragraph applies where two people are subject to paragraph 3 but intend to register as civil partners of each other by signing a civil partnership schedule.

2

The fact that a notice of proposed civil partnership has been given must not be recorded in the register unless the registration authority is satisfied by the production of evidence—

a

that both the proposed civil partners have reached 21, and

b

that the persons referred to in paragraph 3(b) are dead.