SCHEDULES

SCHEDULE 4Referral of proposed marriages and civil partnerships in England and Wales

PART 2Civil partnership

Civil partnership referred to Secretary of State: issue of civil partnership schedule

I126

1

In section 14 (issue of civil partnership schedule), at the end insert—

6

This section has effect subject to section 14A.

2

After section 14 insert—

14ANotice of proposed civil partnership: false information or evidence

1

A registration authority may refuse to issue a civil partnership schedule under section 14(1) in a case where—

a

notice of a proposed civil partnership has been given under section 8, and

b

a registration authority has reasonable grounds for suspecting that a relevant decision was made incorrectly because of the provision of false information or evidence.

2

If a registration authority refuses to issue the schedule, the parties to the proposed civil partnership are to be taken not to have given notice under section 8; but that does not prevent criminal proceedings from being brought against either party, or any other person, in relation to the giving of the notice.

3

This section does not limit the powers of registration authorities to refuse to issue civil partnership schedules.

4

In this section—

  • evidence” includes a photograph or other image;

  • exempt person” has the same meaning as in section 12A;

  • relevant decision” means a decision of a registration authority that a party to the proposed civil partnership is an exempt person.

3

In section 15 (appeal against refusal to issue civil partnership schedule)—

a

in subsection (1)(b), after “14(3)” insert “ or 14A ”;

b

after subsection (2) insert—

3

In a case where—

a

in reliance on section 14A, a registration authority refuses to issue a civil partnership schedule, and

b

on an appeal against the refusal, the Registrar General directs that a civil partnership schedule be issued,

section 14A(2) is of no effect — and is to be taken to have never had any effect — in relation to the parties' giving of notice under section 8.

4

In section 16 (frivolous objections and representations: liability for costs etc)—

a

in the title, after “representations” insert and appeals;

b

after subsection (3) insert—

3A

If—

a

in reliance on section 14A, a registration authority refuses to issue a civil partnership schedule, and

b

on an appeal against the refusal, the Registrar General declares that the appeal is frivolous,

the person making the appeal is liable for the costs of the proceedings before the Registrar General.

c

in subsection (4), for “such costs and damages” substitute “ costs and damages in accordance with subsection (3) or (3A) ”.