Civil Partnership (Registration Abroad and Certificates) Order 2005

Registration of civil partnership by civil partnership officer

4.—(1) Subject to the restrictions in paragraph (2), two people may register as civil partners of each other in any country or territory outside the United Kingdom in the presence of a civil partnership officer.

(2) A civil partnership officer is not required to allow two people to register before him as civil partners of each other unless he is satisfied that the following conditions are met—

(a) at least one of the proposed civil partners is a United Kingdom national,

(b) the proposed civil partners would have been eligible to register as civil partners of each other in the relevant part of the United Kingdom,

(c) the authorities of the country or territory in which it is proposed that they register as civil partners will not object to the registration, and

(d) insufficient facilities exist for them to enter into an overseas relationship under the law of that country or territory.

(3) The civil partnership is—

(a) void, if the condition in paragraph (2)(a) or (b) is not met, and

(b) voidable, if—

(i) the relevant part of the United Kingdom is England and Wales or Northern Ireland and the circumstances fall within any paragraph of section 50(1) of the Act, or

(ii) the relevant part of the United Kingdom is Scotland and the circumstances fall within section 50(1)(d) of the Act.

(4) For the purposes of paragraph (2)(d), a country or territory which is listed in Schedule 20 to the Act as having a specified relationship has sufficient facilities to allow entry into an overseas relationship.

(5) For the purpose of paragraph (2)(b) and paragraph (3), the relevant part of the United Kingdom shall be the part jointly elected by the proposed civil partners under article 5(3)(f) or under article 13(2).

(6) A civil partnership officer is not required to allow two people to register before him as civil partners of each other if in his opinion the formation of a civil partnership between them would be inconsistent with international law or the comity of nations.

(7) If a civil partnership officer does not allow two people to register before him as civil partners of each other for the reason stated in paragraph (6) either person may appeal to the Secretary of State, who shall give to the civil partnership officer his decision thereon.