Civil Partnership Act 2004

97 Certificates of no impediment for Part 2 purposes S

(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 [F1 28 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.

[F2 (5A) For the purposes of subsection (5), an objection which is submitted 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.]

(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.

Textual Amendments

F1 Words in s. 97(4) substituted (1.3.2015) by Marriage and Civil Partnership (Scotland) Act 2014 (asp 5), ss. 24(18)(a), 36; S.S.I. 2015/14, art. 2, sch. (with art. 3(4))

F2 S. 97(5A) inserted (16.12.2014) by Marriage and Civil Partnership (Scotland) Act 2014 (asp 5), ss. 24(18)(b), 36; S.S.I. 2014/287, art. 3, sch.

Commencement Information

I1 S. 97 wholly in force at 5.12.2005; s. 97 not in force at Royal Assent see s. 263; s. 97(3) in force at 14.9.2005 by S.S.I. 2005/428, art. 2, Sch. and otherwise 5.12.2005 insofar as not already in force by S.S.I. 2005/604, art. 2(b); s. 97(1)(2)(4)-(6) in force at 5.12.2005 insofar as not already in force by S.S.I. 2005/604, art. 2(b)