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Immigration and Asylum Act 1999

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[F124ADuty to report suspicious civil partnershipsE+W+S+N.I.

This section has no associated Explanatory Notes

(1)Subsection (3) applies if—

(a)a registration authority to whom a notice of proposed civil partnership has been given under section 8 of the Civil Partnership Act 2004,

[F2(aa)a registration authority that receives information in advance of a person giving such a notice,]

(b)any person who, under section 8 of the 2004 Act, has attested a declaration accompanying such a notice,

(c)a district registrar to whom a notice of proposed civil partnership has been given under section 88 of the 2004 Act, F3...

[F4(ca)a district registrar who receives information in advance of a person giving such a notice,]

(d)a registrar to whom a civil partnership notice has been given under section 139 of the 2004 Act, [F5or

(da)a registrar who receives information in advance of a person giving such a notice,]

has reasonable grounds for suspecting that the civil partnership will be a sham civil partnership.

(2)Subsection (3) also applies if—

(a)two people register as civil partners of each other under Part 2, 3 or 4 of the 2004 Act in the presence of the registrar, and

(b)before, during or immediately after they do so, the registrar has reasonable grounds for suspecting that the civil partnership will be, or is, a sham civil partnership.

(3)The person concerned must report his suspicion to the Secretary of State without delay and in such form and manner as may be prescribed by regulations.

(4)The regulations are to be made—

(a)in relation to England and Wales, by the Registrar General for England and Wales with the approval of [F6the Secretary of State];

(b)in relation to Scotland, by the Secretary of State after consulting the Registrar General of Births, Deaths and Marriages for Scotland;

(c)in relation to Northern Ireland, by the Secretary of State after consulting the Registrar General in Northern Ireland.

[F7(5)A civil partnership (whether or not it is void) is a “sham civil partnership” if—

(a)either, or both, of the parties to the civil partnership is not a relevant national,

(b)there is no genuine relationship between the parties to the civil partnership, and

(c)either, or both, of the parties to the civil partnership enter into the civil partnership for one or more of these purposes—

(i)avoiding the effect of one or more provisions of United Kingdom immigration law or the immigration rules;

(ii)enabling a party to the civil partnership to obtain a right conferred by that law or those rules to reside in the United Kingdom.

(5A)In subsection (5)—

  • relevant national” means—

    (a)

    a British citizen,

    (b)

    a national of an EEA State other than the United Kingdom, or

    (c)

    a national of Switzerland;

  • United Kingdom immigration law” includes any subordinate legislation concerning the right of relevant nationals to move between and reside in member States.]

(6)The registrar” means—

(a)in relation to England and Wales, the civil partnership registrar acting under Part 2 of the 2004 Act;

(b)in relation to Scotland, the authorised registrar acting under Part 3 of the 2004 Act;

(c)in relation to Northern Ireland, the registrar acting under Part 4 of the 2004 Act.]

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F1S. 24A inserted (15.4.2005 for specified purposes, 5.12.2005 in so far as not already in force) by Civil Partnership Act 2004 (c. 33), s. 263(10)(b), Sch. 27 para. 162; S.I. 2005/1112, art. 2, Sch. 1; S.I. 2005/3175, art. 2(2)

F2S. 24A(1)(aa) inserted (14.7.2014) by Immigration Act 2014 (c. 22), ss. 56(3)(a), 75(2)

F3Word in s. 24A(1)(c) omitted (14.7.2014) by virtue of Immigration Act 2014 (c. 22), ss. 56(3)(b), 75(2)

F4S. 24A(1)(ca) inserted (14.7.2014) by Immigration Act 2014 (c. 22), ss. 56(3)(c), 75(2)

F5S. 24A(1)(da) and word inserted (14.7.2014) by Immigration Act 2014 (c. 22), ss. 56(3)(d), 75(2)

Modifications etc. (not altering text)

C1S. 24A(4)(a): transfer of functions (3.4.2008) by Transfer of Functions (Registration) Order 2008 (S.I. 2008/678), art. 1(2), Sch. 1 para. 11(b) (with art. 4)

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