Part 2Civil partnership: England and Wales
Chapter 1Registration
The procedures for house-bound and detained persons
19Detained persons
1
This section applies if two people wish to register as civil partners of each other at the place where one of them is detained.
2
“Detained” means detained—
a
as a patient in a hospital (but otherwise than by virtue of section 2, 4, 5, 35, 36 or 136 of the Mental Health Act 1983 (c. 20) (short term detentions)), or
b
in a prison or other place to which the Prison Act 1952 (c. 52) applies.
3
The procedure under which the two people concerned may register as civil partners of each other is the same as the standard procedure, except that—
a
each notice of proposed civil partnership must be accompanied by a supporting statement, which must have been made not more than 21 days before the day on which the notice is recorded,
b
the fact that the registration authority to whom the notice is given has received the supporting statement must be recorded in the register, and
c
the applicable period (for the purposes of section 17) is the period of 3 months beginning with—
i
the day on which the notices of proposed civil partnership are recorded, or
ii
if the notices are not recorded on the same day, the earlier of those days.
4
A supporting statement, in relation to a detained person, is a statement made by the responsible authority which—
a
identifies the establishment where the person is detained, and
b
states that the responsible authority has no objection to that establishment being specified in a notice of proposed civil partnership as the place at which the person is to register as a civil partner.
5
A supporting statement must contain such information and must be made in such manner as may be prescribed by regulations.
6
“The responsible authority” means—
a
if the person is detained in a hospital, the hospital’s managers;
b
if the person is detained in a prison or other place to which the 1952 Act applies, the governor or other officer for the time being in charge of that prison or other place.
7
“Patient” and “hospital” have the same meaning as in Part 2 of the 1983 Act and “managers”, in relation to a hospital, has the same meaning as in section 145(1) of the 1983 Act.
8
For the purposes of this Chapter, a detained person is to be treated, if he would not otherwise be so treated, as resident and usually resident at the place where he is for the time being.