Civil Partnership Act 2004

3 Eligibility E+W

(1) Two people are not eligible to register as civil partners of each other if—

F1 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) either of them is already a civil partner or lawfully married,

(c) either of them is under [F2 18], F3 ...

(d) they are within prohibited degrees of relationship [F4 , or

(e) either of them is serving a life sentence in a prison or other place of detention and is subject to a whole life order.]

[F5 (1A) But two people are not ineligible to register as civil partners of each other by reason of either of them falling within paragraph (e) of subsection (1) if each of them falling within that paragraph has permission from the Secretary of State to register as a civil partner of the other.

(1B) The Secretary of State may not give permission under subsection (1A) unless satisfied that exceptional circumstances exist which justify the permission being given.]

(2) Part 1 of Schedule 1 contains provisions for determining when two people are within prohibited degrees of relationship.

[F6 (3) In this section—

• “life sentence” has the meaning given by section 34(2) of the Crime (Sentences) Act 1997;

• “whole life order” means an order that section 28(5) to (8) of that Act (early release of person serving life sentence) is not to apply to a person.

(4) A person is to be treated for the purposes of this section as being subject to a whole life order if—

(a) the person is serving a life sentence passed before 18 December 2003,

(b) the sentence was passed in circumstances where the sentence was fixed by law,

(c) before 18 December 2003 the person was notified in writing by the Secretary of State (otherwise than in a notice expressed to be provisional) that the Secretary of State does not intend that the person should ever be released on licence, and

(d) an order has not been made in relation to the sentence under paragraph 3(1)(a) of Schedule 22 to the Criminal Justice Act 2003 (mandatory life sentences: transitional cases).]

Textual Amendments

F1 S. 3(1)(a) omitted (2.12.2019) by virtue of The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), regs. 1(2), 4

F2 Word in s. 3(1)(c) substituted (27.2.2023) by Marriage and Civil Partnership (Minimum Age) Act 2022 (c. 28), ss. 3(2), 7(1) (with s. 8); S.I. 2023/88, reg. 2 (with regs. 3-17)

F3 Word in s. 3(1)(c) omitted (2.8.2024) by virtue of Victims and Prisoners Act 2024 (c. 21), ss. 76(2)(a), 81(2); S.I. 2024/846, reg. 2(b)

F4 S. 3(1)(e) and word inserted (2.8.2024) by Victims and Prisoners Act 2024 (c. 21), ss. 76(2)(b), 81(2); S.I. 2024/846, reg. 2(b)

F5 S. 3(1A)(1B) inserted (2.8.2024) by Victims and Prisoners Act 2024 (c. 21), ss. 76(3), 81(2); S.I. 2024/846, reg. 2(b)

F6 S. 3(3)(4) inserted (2.8.2024) by Victims and Prisoners Act 2024 (c. 21), ss. 76(4), 81(2); S.I. 2024/846, reg. 2(b)