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The Marriage of Same Sex Couples (Conversion of Civil Partnership) Regulations 2014

Draft Legislation:

This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Marriage of Same Sex Couples (Conversion of Civil Partnership) Regulations 2014 No. 3181

PART 1Introductory

Citation and commencement

1.  These Regulations may be cited as the Marriage of Same Sex Couples (Conversion of Civil Partnership) Regulations 2014 and come into force on 10th December 2014.

Interpretation

2.  In these Regulations—

“the 1949 Act” means the Marriage Act 1949(1);

“the 2004 Act” means the Civil Partnership Act 2004(2);

“the 2013 Act” means the Marriage (Same Sex Couples) Act 2013;

“authorised person”, in relation to a conversion in a country or territory outside the United Kingdom, means a person authorised by the commanding officer of any of Her Majesty’s forces in that country or territory to conduct that conversion or conversions generally;

“civil partnership” means a civil partnership which is either an England and Wales civil partnership, or a civil partnership within section 9(3) of the 2013 Act;

“civil partnership register” means—

(i)

in the case of an England and Wales civil partnership, the register referred to in section 30(4) of the 2004 Act;

(ii)

in the case of a civil partnership registered in accordance with the Civil Partnership (Registration Abroad and Certificates) Order 2005, the register referred to in article 16 of that Order(3);

(iii)

in the case of a civil partnership registered in accordance with the Civil Partnership (Armed Forces) Order 2005(4), the register referred to in article 2(2) of the Service Departments Registers Order 1959(5);

“conversion” means the conversion of a civil partnership into a marriage under section 9 of the 2013 Act;

“conversion declaration”—

(i)

in Part 2 of these Regulations, has the meaning given in regulation 3(2);

(ii)

in Part 3 of these Regulations, has the meaning given in regulation 32(1);

(iii)

in Part 4 of these Regulations, has the meaning given in regulation 39(1);

“conversion register” has the meaning given in regulation 22(1);

“England and Wales civil partnership” has the same meaning as in section 9(7) of the 2013 Act;

“Her Majesty’s forces” has the same meaning as in the Armed Forces Act 2006(6);

“local authority” means—

(i)

a county council in England;

(ii)

a district council in England for an area without a county council;

(iii)

a London borough council;

(iv)

the Common Council of the City of London;

(v)

the Council of the Isles of Scilly;

(vi)

a county or county borough council in Wales;

“register office” means a register office provided under section 10 of the Registration Service Act 1953(7);

“registration authority” has the same meaning as in section 28 of the 2004 Act;

“registration district” means a registration district within the meaning of section 5 of the Registration Service Act 1953(8);

“registration officer” has the same meaning as in paragraph 6 of Schedule 6 to the 2013 Act;

“relevant civilian” means a person who is a relevant civilian for the purposes of Part 3 of Schedule 6 to the 2013 Act and any Order in Council made under that Part;

“United Kingdom national” has the same meaning as in paragraph 15 of Schedule 6 to the 2013 Act.

(3)

S.I. 2005/2761. Article 16 was amended by article 4(a) of S.I. 2012/3063.

(5)

S.I. 1959/406. Article 2(2) was amended by article 2(3) of S.I. 2005/3186.

(7)

1953 c. 37; section 10(1) and (3) was amended by section 251 of, and paragraph 41 of Schedule 29 to, the Local Government Act 1972 (c. 70).

(8)

Section 5(1) was amended by section 251 of, and paragraph 41 of Schedule 29 to, the Local Government Act 1972 (c. 70).

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