Civil Partnership Act 2004

[F1 94C Removal of celebrant's name from register S

(1) Subject to the provisions of this section, the Registrar General may remove the name of a person registered under section 94B from the register on the ground that—

(a) the person has requested that the person's name should be so removed,

(b) the body which nominated the person under section 94B(1) [F2 or (1A)] no longer desires that the person should be so registered,

(c) the person—

(i) has, while registered as an approved celebrant, been convicted of an offence under this Part,

(ii) has, for the purpose of profit or gain, been carrying on a business of registering civil partnerships,

(iii) is not a fit and proper person to register civil partnerships, or

(iv) for any other reason, should not be registered as an approved celebrant.

(2) The Registrar General may not remove the name of a person from the register on any ground mentioned in subsection (1)(c) unless the Registrar General has given the person at least 21 days notice in writing of the intention to do so.

(3) For the purposes of subsection (2), notice which is given by electronic means is to be treated as in writing if it is received in a form which is legible and capable of being used for subsequent reference.

(4) The Registrar General must—

(a) in the notice given under subsection (2), specify the ground of removal and call upon the person to give any reasons, within the period specified in the notice, why the person's name should not be removed from the register, and

(b) consider any representations made within that period by the person.

(5) Where a person's name has been removed from the register on any of the grounds mentioned in paragraph (c) of subsection (1), the person or the body which nominated the person under section 94B(1) [F3 or (1A)] may, if aggrieved by the removal, within 28 days of receiving notice of the removal appeal to the Scottish Ministers.

(6) On an appeal under subsection (5) the Scottish Ministers may give any direction they think proper to the Registrar General as to the removal from, or restoration to, the register of the person's name; and such direction is final.

(7) Where a person has received a notice in pursuance of subsection (2), the person must not register a civil partnership unless and until the person's name is restored to the register or, as the case may be, the Registrar General has decided not to remove the person's name from the register.]

Textual Amendments

F1 Ss. 94A-94E inserted (1.9.2014 for specified purposes, 16.12.2014 in so far as not already in force for the insertion of ss. 94A(1)(2)(a)(3)(4), 94B(1)(2)(a)-(c)(4)-(11), 94C, 94D, 94E(1)(3)(5) and otherwise prosp.) by Marriage and Civil Partnership (Scotland) Act 2014 (asp 5), ss. 24(13), 36; S.S.I. 2014/212, art. 2, sch. (as amended (1.9.2014) by S.S.I. 2014/218, art. 2(3), sch.); S.S.I. 2014/287, art. 3, sch.

F2 Words in s. 94C(1)(b) inserted (1.6.2021) by Civil Partnership (Scotland) Act 2020 (asp 15), ss. 8(3)(a), 16; S.S.I. 2021/23, reg. 2, sch. (with reg. 3)

F3 Words in s. 94C(5) inserted (1.6.2021) by Civil Partnership (Scotland) Act 2020 (asp 15), ss. 8(3)(b), 16; S.S.I. 2021/23, reg. 2, sch. (with reg. 3)