SCHEDULES
F1SCHEDULE 3AModifications if proposed civil partnership referred under section 12A
No civil partnership schedule to be issued until decision about investigation etc
2
1
The duty under section 14(1) to issue a civil partnership schedule in respect of the referred civil partnership does not apply unless and until one of the following events occurs.
2
Event 1 occurs if—
a
the Secretary of State gives the registration authority or authorities the section 48 notice, and
b
that notice is of a decision not to investigate whether the referred civil partnership is a sham.
3
Event 2 occurs if—
a
the relevant statutory period ends, and
b
the Secretary of State has not given the registration authority or authorities the section 48 notice.
4
Event 3 occurs if—
a
the Secretary of State gives the registration authority or authorities the section 48 notice,
b
that notice is of a decision to investigate whether the referred civil partnership is a sham,
c
the Secretary of State gives the registration authority or authorities the section 50 notice, and
d
that notice is of a decision that both of the parties to the referred civil partnership have complied with the investigation.
5
Event 4 occurs if—
a
the 70 day period ends, and
b
the Secretary of State has not given the registration authority or authorities the section 50 notice.
6
Event 5 occurs if the Secretary of State gives the registration authority or authorities notice that the duty under section 14(1) is applicable.
7
The Secretary of State may give a notice for that purpose only if—
a
the Secretary of State has given the registration authority or authorities the section 48 notice,
b
that notice is of a decision to investigate whether the referred civil partnership is a sham,
c
the Secretary of State has given the registration authority or authorities the section 50 notice, and
d
that notice is of a decision that one or both of the parties to the referred civil partnership have not complied with the investigation.
8
This paragraph applies in addition to any other requirements applicable to the issue of the civil partnership schedule.
9
This paragraph is subject to paragraph 4.
10
In this paragraph—
“70 day period” has the same meaning as in section 50 of the 2014 Act;
“relevant statutory period” has the same meaning as in section 48 of the 2014 Act;
“section 48 notice” means notice under section 48(8) of the 2014 Act;
“section 50 notice” means notice under section 50(7) of the 2014 Act.
Sch. 3A inserted (1.3.2015) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 4 para. 25 (with Sch. 9 para. 66); S.I. 2015/371, art. 2(1)(f)