SCHEDULES
SCHEDULE 13Civil partnerships of persons under 18: Northern Ireland
Part 1Appropriate persons
1
Column 2 of the table specifies the appropriate persons (or person) to give consent to a young person whose circumstances fall within column 1 and who intends to register as the civil partner of another—
Case | Appropriate persons |
|---|---|
1 The circumstances do not fall within any of items 2 to 4. | Each of the following—
|
2 A care order has effect with respect to the young person. | Each of the following—
|
3 A residence order has effect with respect to the young person. | Each of the persons with whom the young person lives, or is to live, as a result of the order. |
4 The circumstances do not fall within item 2 or 3, but a residence order had effect with respect to the young person immediately before he reached 16. | The persons with whom the young person lived, or was to live, as a result of the order. |
2
In the table the following expressions have the same meaning as in the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2))—
“care order”;
“Health and Social Services trust”;
“parental responsibility”;
“residence order”;
and in item 1 “any guardian of the young person” means any person falling within the definition of “guardian of a child” in Article 2(2) of that Order.
Part 2Dispensing with consent
Order dispensing with consent
3
1
This paragraph applies if—
a
a young person and another person intend to register as civil partners of each other, and
b
a county court is satisfied as mentioned in sub-paragraphs (3) and (4).
2
A county court may make an order dispensing with the consent of any person whose consent is required.
3
The court must be satisfied that the registration of the civil partnership is in the best interests of the young person.
4
The court must be satisfied that—
a
it is not reasonably practicable to obtain the consent of any person whose consent is required,
b
any person whose consent is required withholds or refuses that consent, or
c
there is uncertainty as to whose consent is required.
5
An application for an order under this paragraph may be made—
a
by or on behalf of the young person, or
b
by or on behalf of the other person (who may be another young person) mentioned in sub-paragraph (1)(a),
and without the intervention of a next friend.
6
The decision of the county court on any application made under this paragraph is final and conclusive.
Part 3Recording consents and orders
4
Any consent required by section 145(1) must be sent to the registrar.
5
Any order made under paragraph 3, or a certified copy of it, must be sent to the registrar.
I16
The registrar must keep a record of—
a
such particulars as may be prescribed, taken from each consent or order received by him, and
b
the date on which each consent or order is received by him.
7
The record kept under paragraph 6 must be kept with the civil partnership notice book and section 140(5) (right of inspection) applies accordingly.