Civil Partnership Act 2004

239 Commanding officers' certificates for Part 2 purposes U.K.

(1) Her Majesty may by Order in Council make provision in relation to cases where—

(a) two people wish to register as civil partners of each other in England and Wales (under Chapter 1 of Part 2), and

(b) one of them (“A”) is a member of Her Majesty’s forces serving outside the United Kingdom and the other is resident in England and Wales,

for the issue by A’s commanding officer to A of a certificate of no impediment.

(2) The Order may provide for the issue of the certificate to be subject to the giving of such notice and the making of such declarations as may be prescribed.

(3) A certificate of no impediment is a certificate that no legal impediment to the formation of the civil partnership has been shown to the commanding officer issuing the certificate to exist.

(4) “Commanding officer”—

(a) in relation to a person subject to military law, means the officer who would be that person’s commanding officer for the purposes of section 82 of the Army Act 1955 (3 & 4 Eliz. 2 c. 18) if he were charged with an offence;

(b) in relation to a person subject to air-force law, means the officer who would be that person’s commanding officer for the purposes of section 82 of the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) if he were charged with an offence;

(c) in relation to a person subject to the Naval Discipline Act 1957 (c. 53), means the officer in command of the ship or naval establishment to which he belongs.