The Marriage and Civil Partnership (Northern Ireland) (No. 2) Regulations 2020

PART 1 Introductory

Citation, commencement and extent

1.—(1) These Regulations may be cited as the Marriage and Civil Partnership (Northern Ireland) (No. 2) Regulations 2020.

(2) These Regulations come into force on 7th December 2020.

(3) These Regulations extend to Northern Ireland only, subject to paragraphs (4) to (7).

(4) Regulation 4(5), regulation 31 except paragraph (1), and regulation 44(2), extend to Northern Ireland, and England and Wales.

(5) Regulations 32, 36, 38(2) and 44(4) extend to England and Wales only.

(6) Regulations 33, 44(1) and (3), 45 and 46 extend to Northern Ireland, England and Wales, and Scotland.

(7) Regulations 38(1) and (3) to (5) and 47 extend to England and Wales, and Scotland, only.

Interpretation: general

2.  In these Regulations—

“the 2014 Regulations” means the Marriage of Same Sex Couples (Conversion of Civil Partnership) Regulations 2014(1);

“convertible Northern Ireland civil partnership” means—

(a)

a civil partnership formed by two people registering as civil partners of each other in Northern Ireland under Part 4 of the Civil Partnership Act 2004(2),

(b)

a civil partnership formed by two people registering as civil partners of each other under the Civil Partnership (Registration Abroad and Certificates) Order 2005(3) (registration at British consular premises abroad) if Northern Ireland was the relevant part (as defined by article 4(5) of the Order) of the United Kingdom, or

(c)

a civil partnership formed by two people registering as civil partners of each other under the Civil Partnership (Armed Forces) Order 2005(4) (registration abroad where at least one party has armed-forces connection) if Northern Ireland was the part of the United Kingdom identified under article 5 of the Order;

“convertible Northern Ireland marriage” means—

(a)

a marriage solemnised in Northern Ireland,

(b)

a marriage solemnised under Part 2 of the Consular Marriages and Marriages under Foreign Law (No. 2) Order 2014(5) (solemnisation at British consular premises abroad) if Northern Ireland was the relevant part (as defined by article 3 of the Order) of the United Kingdom,

(c)

a marriage solemnised under the Overseas Marriage (Armed Forces) Order 2014(6) (solemnisation abroad where at least one party has armed-forces connection) if Northern Ireland was the relevant part (as defined by article 4 of the Order) of the United Kingdom, or

(d)

a marriage otherwise formed under the law of Northern Ireland.

(1)

S.I. 2014/3181. For details of amendments, see later footnotes to references to particular provisions of the 2014 Regulations.

(2)

2004 c. 33.

(3)

S.I. 2005/2761, as amended by S.I. 2012/3063, 2014/1107, 2014/3181, 2019/1458 and 2019/1514.

(4)

S.I. 2005/3188. Article 4 was substituted by S.I. 2009/2054.

(5)

S.I. 2014/3265. Part 2 was extended to Northern Ireland, and the Order was amended, by S.I. 2019/1514.

(6)

S.I. 2014/1108. The Order was extended to Northern Ireland, and amended, by S.I. 2019/1514 and 2020/742.