Part 3Civil partnership: Scotland

Chapter 2Registration

I197Certificates of no impediment for Part 2 purposes

1

This section applies where—

a

two people propose to register as civil partners of each other under Chapter 1 of Part 2, and

b

one of them (“A”) resides in Scotland but the other (“B”) resides in England or Wales.

2

A may submit a notice of intention to register under section 88 as if A and B intended to register as civil partners in the district in which A resides.

3

If the district registrar is satisfied (after consultation, if he considers it necessary, with the Registrar General) that there is no impediment (in terms of section 92(6)) to A registering as B’s civil partner, he must issue a certificate to A in the prescribed form that there is not known to be any such impediment.

4

But the certificate may not be issued to A earlier than 14 days after the receipt (as entered in the civil partnership notice book) of the notice under subsection (2) unless—

a

the circumstances are as mentioned in section 96(1), and

b

A makes an election for the certificate to be issued as soon as possible.

5

Any person may, at any time before a certificate is issued under subsection (3), submit to the district registrar an objection in writing to its issue.

6

Any objection made under subsection (5) must be taken into account by the district registrar in deciding whether he is satisfied that there is no legal impediment to A registering as B’s civil partner.