Civil Partnership Act 2004

Valid from 05/12/2005

Part 3 E+W Obtaining consent: special procedure

Consent of appropriate person unobtainable or refused E+W

10 (1) Sub-paragraph (2) applies if— E+W

(a) a child and another person intend to register as civil partners of each other under the special procedure, and

(b) the Registrar General is satisfied that the consent of a person (“A”) whose consent is required cannot be obtained because A is absent, inaccessible, or under a disability.

(2) If this sub-paragraph applies—

(a) the Registrar General may dispense with the need for A’s consent (whether or not there is any other person whose consent is also required), or

(b) the court may, on application being made, consent to the child registering as the civil partner of the person mentioned in sub-paragraph (1)(a).

(3) The consent of the court under sub-paragraph (2)(b) has the same effect as if it had been given by A.

(4) Sub-paragraph (5) applies if—

(a) a child and another person intend to register as civil partners of each other under the special procedure, and

(b) any person whose consent is required refuses his consent.

(5) The court may, on application being made, consent to the child registering as the civil partner of the person mentioned in sub-paragraph (4)(a).

(6) The consent of the court under sub-paragraph (5) has the same effect as if it had been given by the person who has refused his consent.

Declaration E+W

11 E+W If one of the proposed civil partners is a child and is not a surviving civil partner, the necessary declaration under section 8 must also—

(a) state in relation to each appropriate person—

(i) that that person’s consent has been obtained,

(ii) that the need to obtain that person’s consent has been dispensed with under paragraph 10(2), or

(iii) that the court has given consent under paragraph 10(2) or (5), or

(b) state that no person exists whose consent is required to a civil partnership between the child and another person.

Forbidding proposed civil partnership E+W

12 E+W Paragraph 6 applies in relation to the special procedure as if—

(a) any reference to forbidding the issue of a civil partnership schedule were a reference to forbidding the Registrar General to give authority for the issue of his licence, and

(b) sub-paragraph (6) referred to the court giving its consent under paragraph 10(2) or (5).

Evidence E+W

13 (1) This paragraph applies— E+W

(a) if a child and another person intend to register as civil partners of each other under the special procedure, and

(b) the consent of any person (“A”) is required to the child registering as the civil partner of that person.

(2) The person giving the notice (under section 21) of proposed civil partnership to the registration authority must produce to the authority such evidence as the Registrar General may require to satisfy him that A’s consent has in fact been given.

(3) The power to require evidence under sub-paragraph (2) is in addition to the power to require evidence under section 22.

Issue of Registrar General’s licence E+W

14 E+W The duty of the Registrar General under section 25(3)(b) to give authority for the issue of his licence does not apply if he has been forbidden to do so by virtue of paragraph 12.