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Civil Partnership Act 2004

Commentary on Sections

Part 5 – Civil partnerships formed or dissolved abroad etc.Introduction

Chapter 1 – Registration outside UK under Order in Council
Section 211: Registration by armed forces personnel

412.This section enables provision to be made by Order in Council for two people to register as civil partners of each other in countries or territories outside the United Kingdom where one of them is a member of Her Majesty’s forces serving in the country or territory in question or falls within certain connected categories set out in subsection (2). The countries or territories where a such persons may register will be set out in the Order in Council (see the definition of “prescribed” in section 244(5)). “Her Majesty’s forces” is defined in section 245(2).

413.This power will be used to make provisions for civil partnership corresponding to section 22 of the Foreign Marriage Act 1892 (c.23). Under that section, members of the armed forces and certain civilians accompanying them can be married outside the UK by a forces chaplain or an officer authorised by the commanding officer. This section allows similar provision to be made by Order in Council for civil partnership registration outside the UK, in the presence of one of the officers responsible for the recording of births, deaths and marriages (and, in future, civil partnerships) among the Service community.

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