Explanatory Notes

Civil Partnership Act 2004

2004 CHAPTER 33

18th November 2004

Commentary on Sections

Part 2 – Civil Partnership: England and Wales.Introduction

Chapter 1 – Registration
Section 21: Notice of proposed civil partnership

47.Sections 21 to 27 deal with "the special procedure". This enables a civil partnership registration to take place very quickly, under a Registrar General's licence, where one of the proposed civil partners is seriously ill and not expected to recover. The licence is the equivalent of a civil partnership schedule but can be issued by a registration authority only on the authority of the Registrar General. It is the document that is signed by the couple to form the civil partnership.

48.Section 21 relaxes the normal requirement that both proposed civil partners must give notice and allows one of the proposed civil partners to give a notice of proposed civil partnership under the special procedure, as long as that person complies with any requirement made under section 22. Subsection (3) applies most of the requirements of subsections (3) to (6) of section 8 relating to the declaration to be made when giving notice. The requirement as to residence (in section 8(4)(b)) is not applied.