(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 [F128 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
F1Words 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))
F2S. 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
I1S. 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)