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Civil Partnership Act 2004

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  • s. 213(1A) inserted by 2013 c. 30 Sch. 2 para. 5(2)
  • Sch. 5 para. 39(2A) inserted by S.I. 2019/519, Sch. para. 25(3)(b) (as substituted) by S.I. 2019/1338 reg. 3(3)(j)(ii) (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
  • Sch. 15 para. 34(2A) inserted by S.I. 2019/519, Sch. para. 25(8)(a)(ii) (as substituted) by S.I. 2019/1338 reg. 3(3)(j)(v) (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)

Part 1 U.K.Introduction

1Civil partnershipU.K.

(1)A civil partnership is a relationship between two people [F1of the same sex] (“civil partners”)—

(a)which is formed when they register as civil partners of each other—

(i)in England or Wales (under Part 2),

(ii)in Scotland (under Part 3),

(iii)in Northern Ireland (under Part 4), or

(iv)outside the United Kingdom under an Order in Council made under Chapter 1 of Part 5 (registration at British consulates etc. or by armed forces personnel), or

(b)which they are treated under Chapter 2 of Part 5 as having formed (at the time determined under that Chapter) by virtue of having registered an overseas relationship.

(2)Subsection (1) is subject to the provisions of this Act under or by virtue of which a civil partnership is void.

(3) [F2(a)] A civil partnership ends only on death, dissolution or annulment [F3, or

(b)in the case of a civil partnership formed as mentioned in subsection (1)(a)(i) or (iv), on the conversion of the civil partnership into a marriage under section 9 of the Marriage (Same Sex Couples) Act 2013][F4, or

(c)on its coming to an end in accordance with section 11(2)(a) of the Marriage and Civil Partnership (Scotland) Act 2014 (asp 5) (ending of civil partnership formed as mentioned in subsection (1)(a)(ii) or (iv) on its being changed to a marriage under section 10 of that Act, and ending of certain civil partnerships where the civil partners marry in accordance with the Marriage (Scotland) Act 1977).]

[F5(3A)Subsection (3) is subject to section 11(2)(a) of the Marriage and Civil Partnership (Scotland) Act 2014 (ending of certain civil partnerships on marriage under Scots law).]

(4)The references in subsection (3) to dissolution and annulment are to dissolution and annulment having effect under or recognised in accordance with this Act.

(5)References in this Act to an overseas relationship are to be read in accordance with Chapter 2 of Part 5.

Part 2U.K.Civil partnership: England and Wales

Chapter 1U.K.Registration

Formation, eligibility and parental etc. consentE+W

2Formation of civil partnership by registrationE+W

(1)For the purposes of section 1, two people are to be regarded as having registered as civil partners of each other once each of them has signed the civil partnership document—

(a)at the invitation of, and in the presence of, a civil partnership registrar, and

(b)in the presence of each other and two witnesses.

(2)Subsection (1) applies regardless of whether subsections (3) and (4) are complied with.

(3)After the civil partnership document has been signed under subsection (1), it must also be signed, in the presence of the civil partners and each other, by—

(a)each of the two witnesses, and

(b)the civil partnership registrar.

(4)After the witnesses and the civil partnership registrar have signed the civil partnership document, the relevant registration authority must ensure that—

(a)the fact that the two people have registered as civil partners of each other, and

(b)any other information prescribed by regulations,

is recorded in the register as soon as is practicable.

(5)No religious service is to be used while the civil partnership registrar is officiating at the signing of a civil partnership document.

(6)The civil partnership document” has the meaning given by section 7(1).

(7)The relevant registration authority” means the registration authority in whose area the registration takes place.

Commencement Information

I1S. 2 wholly in force at 5.12.2005; s. 2 not in force at Royal Assent see s. 263; s. 2(4)(b) in force for certain purposes at 15.4.2005 by S.I. 2005/1112, art. 2, Sch. 1 and otherwise 5.12.2005 insofar as not already in force by S.I. 2005/3175, art. 2(1), Sch. 1; s. 2(1)-(3), (4)(a), (5)-(7) in force at 5.12.2005 insofar as not already in force by S.I. 2005/3175, art. 2(1), Sch. 1

3EligibilityE+W

(1)Two people are not eligible to register as civil partners of each other if—

F6(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)either of them is already a civil partner or lawfully married,

(c)either of them is under 16, or

(d)they are within prohibited degrees of relationship.

(2)Part 1 of Schedule 1 contains provisions for determining when two people are within prohibited degrees of relationship.

Textual Amendments

4Parental etc. consent where proposed civil partner under 18E+W

(1)The consent of the appropriate persons is required before a child and another person may register as civil partners of each other.

(2)Part 1 of Schedule 2 contains provisions for determining who are the appropriate persons for the purposes of this section.

(3)The requirement of consent under subsection (1) does not apply if the child is a surviving civil partner [F7or a widower or a widow] .

(4)Nothing in this section affects any need to obtain the consent of the High Court before a ward of court and another person may register as civil partners of each other.

(5)In this Part “child”, except where used to express a relationship, means a person who is under 18.

Textual Amendments

Registration procedure: generalE+W

5Types of pre-registration procedureE+W

(1)Two people may register as civil partners of each other under—

(a)the standard procedure;

(b)the procedure for house-bound persons;

(c)the procedure for detained persons;

(d)the special procedure (which is for cases where a person is seriously ill and not expected to recover).

(2)The procedures referred to in subsection (1)(a) to (c) are subject to—

(a)section 20 (modified procedures for certain non-residents);

(b)Schedule 3 (former spouses one of whom has changed sex).

(3)The procedures referred to in subsection (1) (including the procedures as modified by section 20 and Schedule 3) are subject to—

(a)Part 2 of Schedule 1 (provisions applicable in connection with prohibited degrees of relationship), and

(b)Parts 2 and 3 of Schedule 2 (provisions applicable where proposed civil partner is under 18).

(4)This section is also subject to section 249 and Schedule 23 (immigration control and formation of civil partnerships).

6Place of registrationE+W

(1)The place at which two people may register as civil partners of each other—

(a)must be in England or Wales,

(b)F8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)must be specified in the notices, or notice, of proposed civil partnership required by this Chapter.

(2)F9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F10(3)Subsections (3A) and (3B) apply in the case of registration under the standard procedure (including that procedure modified as mentioned in section 5).

(3A)The place must be—

(a)on approved premises, or

(b)in a register office.

(3B)If it is in a register office, the place must be open to any person wishing to attend the registration.

(3C)In this Chapter “register office” means a register office provided under section 10 of the Registration Service Act 1953.]

[F11(3D)Where, further to regulations under section 6A of this Act or section 2 of the Civil Partnerships, Marriages and Deaths (Registration etc) Act 2019, an approval of premises for the purposes of subsection (3A)(a) has effect—

(a)only in relation to civil partnerships formed by two people of the same sex, or

(b)only in relation to civil partnerships formed by two people of the opposite sex,

the premises are “approved premises”, for the purposes of this Part, only in relation to civil partnerships of that sort.]

(4)F12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)F12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F136APower to approve premisesE+W

(1)The [F14Secretary of State] may by regulations make provision for and in connection with the approval by registration authorities of premises for the purposes of section 6(3A)(a).

(2)The matters dealt with by regulations may include—

(a)the kind of premises in respect of which approvals may be granted;

(b)the procedure to be followed in relation to applications for approval;

(c)the considerations to be taken into account by a registration authority in determining whether to approve any premises;

(d)the duration and renewal of approvals;

(e)the conditions that must or may be imposed by a registration authority on granting or renewing an approval;

(f)the determination and charging by registration authorities of fees in respect of applications for the approval of premises and in respect of the renewal of approvals;

(g)the circumstances in which a registration authority must or may revoke an approval;

(h)the review of any decision to refuse an approval or the renewal of an approval, to impose conditions on granting or renewing an approval or to revoke an approval;

(i)the notification to the Registrar General of all approvals granted, renewed or revoked;

(j)the keeping by registration authorities of registers of approved premises;

(k)the issue by the Registrar General of guidance supplementing the provision made by the regulations.

[F15(2A)Regulations under this section may provide that premises approved for the registration of civil partnerships may differ from those premises approved for the registration of civil marriages.

(2B)Provision by virtue of subsection (2)(b) may, in particular, provide that applications for approval of premises may only be made with the consent (whether general or specific) of a person specified, or a person of a description specified, in the provision.

(2C)The power conferred by section 258(2), in its application to the power conferred by this section, includes in particular—

(a)power to make provision in relation to religious premises that differs from provision in relation to other premises;

(b)power to make different provision for different kinds of religious premises.]

(3)Without prejudice to the width of subsection (2)(e), the [F16Secretary of State] must exercise his power to provide for the imposition of conditions as mentioned there so as to secure that members of the public are permitted to attend when two people sign the civil partnership schedule on approved premises in accordance with section 6(3A)(a).

F17(3A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F18(3B)Civil marriage” means marriage solemnised otherwise than according to the rites of the Church of England or any other religious usages.

(3C)Religious premises” means premises which—

(a)are used solely or mainly for religious purposes, or

(b)have been so used and have not subsequently been used solely or mainly for other purposes.]]

Textual Amendments

F15S. 6A(2A)-(2C) inserted (11.7.2011) by Equality Act 2010 (c. 33), ss. 202(3), 216(3) (with ss. 6(4), 205); S.I. 2011/1636, art. 2(c)

F18S. 6A(3A)-(3C) inserted (11.7.2011 so far as relating to the insertion of s. 6A(3B)(3C)) by Equality Act 2010 (c. 33), ss. 202(4), 216(3) (with ss. 6(4), 205); S.I. 2011/1636, art. 2(d)

Modifications etc. (not altering text)

7The civil partnership documentE+W

(1)In this Part “the civil partnership document” means—

(a)in relation to the special procedure, a Registrar General’s licence, and

(b)in relation to any other procedure, a civil partnership schedule.

(2)Before two people are entitled to register as civil partners of each other—

(a)the civil partnership document must be delivered to the civil partnership registrar, and

(b)the civil partnership registrar may then ask them for any information required (under section 2(4)) to be recorded in the register.

The standard procedureE+W

8Notice of proposed civil partnership and declarationE+W

[F19(1)For two people to register as civil partners of each other under the standard procedure a notice of proposed civil partnership must be given—

(a)if the proposed civil partners have resided in the area of the same registration authority for the period of 7 days immediately before the giving of the notice, by each of them to that registration authority;

(b)if the proposed civil partners have not resided in the area of the same registration authority for that period, by each of them to the registration authority in whose area he or she has resided for that period.]

(2)A notice of proposed civil partnership must contain such information as may be prescribed by regulations.

(3)A notice of proposed civil partnership must also include the necessary declaration, made and signed by the person giving the notice—

(a)at the time when the notice is given, and

(b)in the presence of an authorised person;

and the authorised person must attest the declaration by adding his name, description and place of residence.

(4)The necessary declaration is a solemn declaration in writing—

(a)that the proposed civil partner believes that there is no impediment of kindred or affinity or other lawful hindrance to the formation of the civil partnership;

[F20(b)that the proposed civil partners have for the period of 7 days immediately before the giving of the notice had their usual places of residence in the area of the registration authority, or in the areas of the registration authorities, to which notice is given.]

[F21(c)that the proposed civil partner believes all of the information stated in the notice, and all information and evidence supplied with the notice, is true.]

(5)Where a notice of proposed civil partnership is given to a registration authority in accordance with this section, the registration authority must ensure that the following information is recorded in the register as soon as possible—

(a)the fact that the notice has been given and the information in it;

(b)the fact that the authorised person has attested the declaration.

[F22(5A)Subsection (5) is subject to section 9F.]

(6)Authorised person” means an employee or officer or other person provided by a registration authority who is authorised by that authority to attest notices of proposed civil partnership.

(7)For the purposes of this Chapter, a notice of proposed civil partnership is recorded when subsection (5) is complied with.

Textual Amendments

Commencement Information

I2S. 8 partly in force; s. 8 not in force at Royal Assent see s. 263; s. 8(2) in force for certain purposes at 15.4.2005 by S.I. 2005/1112, art. 2, Sch. 1 and otherwise 5.12.2005 insofar as not already in force by S.I. 2005/3175, art. 2(1), Sch. 1; s. 8(3) - (7) in force at 5.12.2005 insofar as not already in force by S.I. 2005/3175, art. 2(1), Sch. 1; s. 8(1) never in force;

[F238AAdditional information if party not relevant nationalE+W

(1)This section applies to notice of proposed civil partnership given to a registration authority in accordance with section 8 if one, or each, of the parties to the proposed civil partnership is not a relevant national.

(2)But this section does not apply if Schedule 3 applies to the proposed civil partnership.

(3)For each party to the proposed civil partnership who is not a relevant national, the notice must include whichever of statements A, B or C is applicable to that person.

(4)Statement A is a statement that the person has the appropriate immigration status.

(5)Statement B is a statement that the person holds a relevant visa in respect of the proposed civil partnership.

(6)Statement C is a statement that the person neither—

(a)has the appropriate immigration status, nor

(b)holds a relevant visa in respect of the proposed civil partnership.

(7)If the notice contains the statement referred to in the first column of an entry in this table, the notice must be accompanied by the information and photographs referred to in the second column of that entry (insofar as that entry is applicable to the parties to the proposed civil partnership)—

If the notice includes this statement......the notice must be accompanied by...
Statement A (in respect of one or both of the parties to the proposed civil partnership)For each party in respect of whom statement A is made, details of the particular immigration status which that party has
Statement B (in respect of one or both of the parties to the proposed civil partnership)

1For each party, a specified photograph of that party

2For each party in respect of whom statement B is made, details of the relevant visa which that party has

Statement C (in respect of one or both of the parties to the proposed civil partnership)

1For each party, a specified photograph of that party

2For each party, the usual address of that party

3For each party whose usual address is outside the United Kingdom, an address in the United Kingdom at which that party can be contacted by post

4For each party who has previously used any name or names other than the person's name stated in the notice of proposed civil partnership in accordance with regulations under section 8(2), a statement of the other name or names

5For each party who currently uses, or has previously used, an alias or aliases, a statement of the alias or aliases

(8)If the notice contains more than one of statements A, B and C, subsection (7) must be complied with in relation to each of those statements; but where the notice contains statements B and C, subsection (7) does not require the notice to be accompanied by more than one specified photograph of each party.

(9)If the notice includes statement C for a party to the proposed civil partnership—

(a)the notice may be accompanied by a statement (“statement D”) of that person's immigration position in the United Kingdom;

(b)if the notice is accompanied by statement D for a party to the proposed civil partnership, the person may provide the registration authority with details of his or her immigration position in the United Kingdom; and

(c)if any such details are provided, the registration authority must record them.

(10)In this section—

(a)a reference—

(i)to a person having the appropriate immigration status, or

(ii)to a person holding a relevant visa,

has the same meaning as in section 49 of the Immigration Act 2014;

(b)a reference to the particular immigration status which a person has is a reference to the immigration status set out in any of paragraphs (a) to (c) of section 49(2) of that Act which the person has;

(c)a reference to a person's immigration position in the United Kingdom includes a reference to the person's not being entitled to be in the United Kingdom.

(11)In this section “specified photograph” means a photograph that is in accordance with regulations made under section 9E (and for this purpose “photograph” includes other kinds of images).]

Textual Amendments

F23S. 8A inserted (20.10.2014 for specified purposes, 1.3.2015 in so far as not already in force) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 4 para. 20 (with Sch. 9 para. 66); S.I. 2014/2771, art. 3(e); S.I. 2015/371, art. 2(1)(f)

[F249EvidenceE+W

(1)A notice of proposed civil partnership under section 8 must, in relation to each of the parties to the civil partnership, be accompanied by specified evidence of the following matters—

(a)the person's name and surname;

(b)the person's date of birth;

(c)the person's place of residence;

(d)the person's nationality.

(2)A person giving a notice of proposed civil partnership under section 8 must provide the registration authority to which the notice is given with specified evidence—

(a)as to whether the person has previously formed a civil partnership or been married; and

(b)if so, as to the ending of the civil partnership or marriage.

(3)In this section “specified evidence” means evidence that is in accordance with regulations made under section 9E.

Textual Amendments

F24Ss. 9-9F substituted for s. 9 (20.10.2014 for specified purposes, 1.3.2015 in so far as not already in force) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 4 para. 21 (with Sch. 9 para. 66); S.I. 2014/2771, art. 3(e); S.I. 2015/371, art. 2(1)(f)

9AAdditional evidence if party not relevant nationalE+W

(1)This section applies to notice of proposed civil partnership given to a registration authority in accordance with section 8 if one, or each, of the parties to the proposed civil partnership is not a relevant national.

(2)If the notice includes statement A (referred to in section 8A(4)), and accordingly is accompanied by details of the particular immigration status which a party to the proposed civil partnership has, the notice must be accompanied by specified evidence of that status.

(3)If the notice includes statement B (referred to in section 8A(5)), the notice must be accompanied by specified evidence of the holding of the relevant visa by the party to the proposed civil partnership.

(4)If, in accordance with section 8A(7), the notice is accompanied by the usual address of a party to the proposed civil partnership, the notice must also be accompanied by specified evidence that it is that party's usual address.

(5)If the notice includes statement D (referred to in section 8A(9)), the notice may be accompanied by evidence of the person's immigration position in the United Kingdom.

(6)If subsection (2) or (3) applies to the notice, and the notice is not accompanied by the specified evidence required by that subsection, the notice must be accompanied by—

(a)photographs and addresses of the kinds referred to in paragraphs 1 and 2 in the relevant entry in section 8A(7);

(b)as respects the usual address of each party that is provided in accordance with paragraph (a), specified evidence that the address provided is that party's usual address; and

(c)addresses, names and aliases of the kinds referred to in paragraphs 3 to 5 in the relevant entry in section 8A(7) (insofar as those paragraphs are applicable to the parties to the proposed civil partnership).

(7)In this section—

  • relevant entry in section 8A(7)” means the second column of the last entry in the table in section 8A(7);

  • specified evidence” means evidence that is in accordance with regulations made under section 9E.

Textual Amendments

F24Ss. 9-9F substituted for s. 9 (20.10.2014 for specified purposes, 1.3.2015 in so far as not already in force) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 4 para. 21 (with Sch. 9 para. 66); S.I. 2014/2771, art. 3(e); S.I. 2015/371, art. 2(1)(f)

9BChange of usual address or UK contact addressE+W

(1)The Secretary of State may, by regulations, make provision about the giving to the Secretary of State of—

(a)notice of a person's usual address, if the person's notified usual address changes;

(b)notice of a UK contact address, if the person's notified usual address is not in the United Kingdom;

(c)notice of a person's UK contact address, if the person's notified UK contact address changes;

(d)evidence of any address notified in accordance with regulations under paragraph (a), (b) or (c).

(2)The provision that may be made in regulations under this section includes—

(a)provision imposing a requirement on a person;

(b)provision about the rejection of information or evidence which there are reasonable grounds to suspect to be false.

(3)Regulations under subsection (1)(d) may, in particular, make any provision of the kind that may be made under section 9E(3).

(4)In this section—

  • notified UK contact address” means an address in the United Kingdom, at which a person can be contacted by post, that has been notified in accordance with—

    (a)

    section 8A(7) or 9A(6), or

    (b)

    regulations under this section;

  • notified usual address” means the usual address of a person that has been notified in accordance with—

    (a)

    section 8A(7) or 9A(6), or

    (b)

    regulations under this section.

Textual Amendments

F24Ss. 9-9F substituted for s. 9 (20.10.2014 for specified purposes, 1.3.2015 in so far as not already in force) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 4 para. 21 (with Sch. 9 para. 66); S.I. 2014/2771, art. 3(e); S.I. 2015/371, art. 2(1)(f)

9CRejection of false information or evidenceE+W

(1)A registration authority may reject—

(a)any information or photograph provided under section 8, 8A or 9A, or

(b)any evidence provided under section 9 or 9A,

if (in particular) the registration authority has reasonable grounds for suspecting that the information, photograph or evidence is false.

(2)If the registration authority rejects any information, photograph or evidence, the registration authority may proceed under this Act as if the rejected information, photograph or evidence had not been provided.

(3)This section does not limit the powers of registration authorities to reject anything provided under any other enactment.

Textual Amendments

F24Ss. 9-9F substituted for s. 9 (20.10.2014 for specified purposes, 1.3.2015 in so far as not already in force) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 4 para. 21 (with Sch. 9 para. 66); S.I. 2014/2771, art. 3(e); S.I. 2015/371, art. 2(1)(f)

9DAmendment of notice and evidence provisionsE+W

(1)The Secretary of State may by order—

(a)amend section 8A or 9A so as to vary the information that must or may be given in cases where that section applies;

(b)amend section 9 or 9A so as to vary the matters in respect of which specified evidence must or may be given in cases where that section applies;

(c)make such provision (including provision amending section 9B or 9E or any other enactment) as the Secretary of State considers appropriate in consequence of provision made under paragraph (a) or (b).

(2)The Secretary of State must consult the Registrar General before making an order under this section.

Textual Amendments

F24Ss. 9-9F substituted for s. 9 (20.10.2014 for specified purposes, 1.3.2015 in so far as not already in force) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 4 para. 21 (with Sch. 9 para. 66); S.I. 2014/2771, art. 3(e); S.I. 2015/371, art. 2(1)(f)

9ESpecified evidenceE+W

(1)The Registrar General may make regulations about the evidence that is required to be given for the purposes of section 9.

(2)The Secretary of State may make regulations about the evidence that is required to be given for the purposes of section 9A.

(3)Regulations under this section may, in particular, make provision about—

(a)the kind of evidence which is to be supplied;

(b)the form in which evidence is to be supplied;

(c)the manner in which evidence is to be supplied;

(d)the period within which evidence is to be supplied;

(e)the supply of further evidence;

(f)the sufficiency of evidence supplied;

(g)the consequences of failing to supply sufficient evidence in accordance with the regulations (including provision to secure that, in such a case, a particular decision is made or is to be treated as having been made);

(h)the retention or copying of evidence supplied.

(4)In this section “evidence” includes a photograph or other image.

(5)The Registrar General must obtain the approval of the Secretary of State before making regulations under this section.

(6)The Secretary of State must consult the Registrar General before making regulations under this section.

Textual Amendments

F24Ss. 9-9F substituted for s. 9 (20.10.2014 for specified purposes, 1.3.2015 in so far as not already in force) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 4 para. 21 (with Sch. 9 para. 66); S.I. 2014/2771, art. 3(e); S.I. 2015/371, art. 2(1)(f)

9FRecording of information in the register: compliance with requirementsE+W

The registration authority must not enter in the register the information relating to a proposed civil partnership mentioned in section 8(5) in a case where any of the requirements imposed by or under any of the following provisions of this Act is applicable but is not complied with—

  • section 8A(3) to (7);

  • section 8A(8);

  • section 9(1);

  • section 9A(4) or (6);

  • section 18(3);

  • section 19(3);

  • paragraph 5(1) of Schedule 1;

  • paragraph 4 of Schedule 23.

Textual Amendments

F24Ss. 9-9F substituted for s. 9 (20.10.2014 for specified purposes, 1.3.2015 in so far as not already in force) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 4 para. 21 (with Sch. 9 para. 66); S.I. 2014/2771, art. 3(e); S.I. 2015/371, art. 2(1)(f)

10Proposed civil partnership to be publicisedE+W

(1)Where a notice of proposed civil partnership has been given to a registration authority, [F25the registration authority must keep the relevant information on public display during the waiting period.]

(2)The relevant information” means—

(a)the name of the person giving the notice,

(b)the name of that person’s proposed civil partner, and

(c)such other information [F26included in the notice of proposed civil partnership] as may be prescribed by regulations.

[F27(3)All information that a registration authority is required for the time being to keep on public display under subsection (1) must be kept on display by it at one register office provided for a district within its area.]

Textual Amendments

F24Ss. 9-9F substituted for s. 9 (20.10.2014 for specified purposes, 1.3.2015 in so far as not already in force) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 4 para. 21 (with Sch. 9 para. 66); S.I. 2014/2771, art. 3(e); S.I. 2015/371, art. 2(1)(f)

Commencement Information

I3S. 10 wholly in force at 5.12.2005; s. 10 not in force at Royal Assent see s. 263; s. 10(2)(c) in force at 15.4.2005 for certain purposes by S.I. 2005/1112, art. 2, Sch. 1; s. 10 in force at 5.12.2005 insofar as not already in force by S.I. 2005/3175, art. 2(1), Sch. 1

11Meaning of “the waiting period”E+W

In this Chapter “the waiting period”, in relation to a notice of proposed civil partnership, means the period—

(a)beginning the day after the notice is recorded, and

(b)subject to section 12, ending at the end of the period of [F2828] days beginning with that day.

Textual Amendments

F24Ss. 9-9F substituted for s. 9 (20.10.2014 for specified purposes, 1.3.2015 in so far as not already in force) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 4 para. 21 (with Sch. 9 para. 66); S.I. 2014/2771, art. 3(e); S.I. 2015/371, art. 2(1)(f)

12Power to shorten the waiting periodE+W

(1)If the Registrar General, on an application being made to him, is satisfied that there are compelling reasons because of the exceptional circumstances of the case for shortening the period of [F2928] days mentioned in section 11(b), he may shorten it to such period as he considers appropriate.

(2)Regulations may make provision with respect to the making, and granting, of applications under subsection (1).

(3)Regulations under subsection (2) may provide for—

(a)the power conferred by subsection (1) to be exercised by a registration authority on behalf of the Registrar General in such classes of case as are prescribed by the regulations;

(b)the making of an appeal to the Registrar General against a decision taken by a registration authority in accordance with regulations made by virtue of paragraph (a).

[F30(4)If a proposed civil partnership is referred to the Secretary of State under section 12A—

(a)any application under subsection (1) is to be made to the Secretary of State; and

(b)the power conferred by subsection (1) is exercisable by the Secretary of State.

(5)If the Secretary of State grants an application made under subsection (1), the Secretary of State must give notice of the grant of the application to—

(a)the applicant,

(b)the registration authority to which notice of the proposed civil partnership was given, and

(c)if different, the registration authority responsible for issuing the civil partnership schedule under section 14(1) in relation to the proposed civil partnership.

(6)Regulations under subsection (2) do not apply to applications made to the Secretary of State in accordance with subsection (4).

(7)The Secretary of State may by regulations make provision with respect to the making, and granting, of applications made in accordance with subsection (4).

(8)The Secretary of State must consult the Registrar General before making regulations under subsection (7).]

Textual Amendments

F24Ss. 9-9F substituted for s. 9 (20.10.2014 for specified purposes, 1.3.2015 in so far as not already in force) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 4 para. 21 (with Sch. 9 para. 66); S.I. 2014/2771, art. 3(e); S.I. 2015/371, art. 2(1)(f)

F29Word in s. 12(1) substituted (20.10.2014 for specified purposes, 1.3.2015 in so far as not already in force) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 4 para. 23(2) (with Sch. 9 para. 66); S.I. 2014/2771, art. 3(e); S.I. 2015/371, art. 2(1)(f)

F30S. 12(4)-(8) inserted (20.10.2014 for specified purposes, 1.3.2015 in so far as not already in force) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 4 para. 23(3) (with Sch. 9 para. 66); S.I. 2014/2771, art. 3(e); S.I. 2015/371, art. 2(1)(f)

Commencement Information

I4S. 12 wholly in force at 5.12.2005; s. 12 not in force at Royal Assent see s. 263; s. 12(2) in force at 15.4.2005 by S.I. 2005/1112, art. 2, Sch. 1; s. 12(1)(3) in force at 5.12.2005 insofar as not already in force by S.I. 2005/3175, art. 2(1), Sch. 1

[F3112AReferral of proposed civil partnership to Secretary of StateE+W

(1)On every occasion when notice of proposed civil partnership is given under section 8, the registration authority must decide whether or not each of the parties to the proposed civil partnership is an exempt person.

(2)But this section does not apply if Schedule 3 applies to the proposed civil partnership.

(3)In making a decision under subsection (1) about a party to a proposed civil partnership, a registration authority may rely on any advice given in relation to that decision by the Secretary of State.

(4)In a case where—

(a)section 8A applies to the notice of proposed civil partnership, and

(b)specified evidence required by section 9A(2) or (3) in relation to a party to the proposed civil partnership is not produced in accordance with that section,

the registration authority must decide that that party to the proposed civil partnership is not an exempt person.

(5)If the registration authority decides that either of the parties is not an exempt person, or that both of the parties are not exempt persons, the registration authority must—

(a)refer the proposed civil partnership to the Secretary of State;

(b)notify the parties to the proposed civil partnership that the proposed civil partnership must be referred to the Secretary of State;

(c)give the parties to the proposed civil partnership prescribed information about—

(i)the effects of the referral;

(ii)the requirement under regulations under section 9B to notify the Secretary of State of changes of address.

(6)The registration authority must act in accordance with regulations when complying with the duty in subsection (5)(a) to refer a proposed civil partnership to the Secretary of State.

(7)Regulations may, in particular, make provision about—

(a)the form, manner or timing of the referral of a proposed civil partnership;

(b)information, photographs or evidence — or copies of any of those things — to be included with the referral of a proposed civil partnership.

(8)If the registration authority refers the proposed civil partnership to the Secretary of State, this Act has effect in relation to the proposed civil partnership subject to the modifications in Schedule 3A.

(9)In this section—

(a)a reference to a person being an exempt person has the same meaning as in section 49 of the Immigration Act 2014;

(b)prescribed information” means information prescribed in regulations;

(c)regulations” means regulations made by the Secretary of State after consulting the Registrar General.]

Textual Amendments

F24Ss. 9-9F substituted for s. 9 (20.10.2014 for specified purposes, 1.3.2015 in so far as not already in force) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 4 para. 21 (with Sch. 9 para. 66); S.I. 2014/2771, art. 3(e); S.I. 2015/371, art. 2(1)(f)

F31S. 12A inserted (20.10.2014 for specified purposes, 1.3.2015 in so far as not already in force) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 4 para. 24 (with Sch. 9 para. 66); S.I. 2014/2771, art. 3(e); S.I. 2015/371, art. 2(1)(f)

13Objection to proposed civil partnershipE+W

(1)Any person may object to the issue of a civil partnership schedule under section 14 by giving any registration authority notice of his objection.

(2)A notice of objection must—

(a)state the objector’s place of residence and the ground of objection, and

(b)be signed by or on behalf of the objector.

(3)If a notice of objection is given to a registration authority, it must ensure that the fact that it has been given and the information in it are recorded in the register as soon as possible.

Textual Amendments

F24Ss. 9-9F substituted for s. 9 (20.10.2014 for specified purposes, 1.3.2015 in so far as not already in force) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 4 para. 21 (with Sch. 9 para. 66); S.I. 2014/2771, art. 3(e); S.I. 2015/371, art. 2(1)(f)

14Issue of civil partnership scheduleE+W

(1)As soon as the waiting period in relation to each notice of proposed civil partnership has expired, the registration authority in whose area it is proposed that the registration take place is under a duty, at the request of one or both of the proposed civil partners, to issue a document to be known as a “civil partnership schedule”.

(2)Regulations may make provision as to the contents of a civil partnership schedule.

(3)The duty in subsection (1) does not apply if the registration authority is not satisfied that there is no lawful impediment to the formation of the civil partnership.

(4)If an objection to the issue of the civil partnership schedule has been recorded in the register, no civil partnership schedule is to be issued until—

(a)the relevant registration authority has investigated the objection and is satisfied that the objection ought not to obstruct the issue of the civil partnership schedule, or

(b)the objection has been withdrawn by the person who made it.

(5)The relevant registration authority” means the authority which first records that a notice of proposed civil partnership has been given by one of the proposed civil partners.

[F32(6)This section has effect subject to section 14A.]

Textual Amendments

F24Ss. 9-9F substituted for s. 9 (20.10.2014 for specified purposes, 1.3.2015 in so far as not already in force) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 4 para. 21 (with Sch. 9 para. 66); S.I. 2014/2771, art. 3(e); S.I. 2015/371, art. 2(1)(f)

Commencement Information

I5S. 14 wholly in force at 5.12.2005; s. 14 not in force at Royal Assent see s. 263; s. 14(2) in force at 15.4.2005 by S.I. 2005/1112, art. 2, Sch. 1; s. 14(1)(3)-(5) in force at 5.12.2005 insofar as not already in force by S.I. 2005/3175, art. 2(1), Sch. 1

[F3314ANotice of proposed civil partnership: false information or evidenceE+W

(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.]

15Appeal against refusal to issue civil partnership scheduleE+W

(1)If the registration authority refuses to issue a civil partnership schedule—

(a)because an objection to its issue has been made under section 13, or

(b)in reliance on section 14(3) [F34or 14A],

either of the proposed civil partners may appeal to the Registrar General.

(2)On an appeal under this section the Registrar General must either confirm the refusal or direct that a civil partnership schedule be issued.

[F35(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.]

16Frivolous objections and representations [F36and appeals]: liability for costs etc.E+W

(1)Subsection (3) applies if—

(a)a person objects to the issue of a civil partnership schedule, but

(b)the Registrar General declares that the grounds on which the objection is made are frivolous and ought not to obstruct the issue of the civil partnership schedule.

(2)Subsection (3) also applies if—

(a)in reliance on section 14(3), the registration authority refuses to issue a civil partnership schedule as a result of a representation made to it, and

(b)on an appeal under section 15 against the refusal, the Registrar General declares that the representation is frivolous and ought not to obstruct the issue of the civil partnership schedule.

(3)The person who made the objection or representation is liable for—

(a)the costs of the proceedings before the Registrar General, and

(b)damages recoverable by the proposed civil partner to whom the objection or representation relates.

[F37(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.]

(4)For the purpose of enabling any person to recover any [F38costs and damages in accordance with subsection (3) or (3A)], a copy of a declaration of the Registrar General purporting to be sealed with the seal of the General Register Office is evidence that the Registrar General has made the declaration.

17Period during which registration may take placeE+W

(1)The proposed civil partners may not register as civil partners of each other on the production of the civil partnership schedule until the waiting period in relation to each notice of proposed civil partnership has expired.

(2)Subject to subsection (1), under the standard procedure, they may register as civil partners by signing the civil partnership schedule [F39[F40at any time during] the applicable period F41...].

(3)If they do not register as civil partners by signing the civil partnership schedule before the end of the applicable period—

(a)the notices of proposed civil partnership and the civil partnership schedule are void, and

(b)no civil partnership registrar may officiate at the signing of the civil partnership schedule by them.

(4)The applicable period, in relation to two people registering as civil partners of each other, is the period of 12 months beginning with—

(a)the day on which the notices of proposed civil partnership are recorded, or

(b)if the notices are not recorded on the same day, the earlier of those days.]

Textual Amendments

F24Ss. 9-9F substituted for s. 9 (20.10.2014 for specified purposes, 1.3.2015 in so far as not already in force) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 4 para. 21 (with Sch. 9 para. 66); S.I. 2014/2771, art. 3(e); S.I. 2015/371, art. 2(1)(f)

F40Words in s. 17(2) substituted (1.10.2012) by Protection of Freedoms Act 2012 (c. 9), ss. 114(3)(a), 120 (with s. 97); S.I. 2012/2234, art. 3(m)

The procedures for house-bound and detained personsE+W

18House-bound personsE+W

(1)This section applies if two people wish to register as civil partners of each other at the place where one of them is house-bound.

(2)A person is house-bound at any place if, in relation to that person, a statement is made by a registered medical practitioner that, in his opinion—

(a)because of illness or disability, that person ought not to move or be moved from the place where he is at the time when the statement is made, and

(b)it is likely to be the case for at least the following 3 months that because of the illness or disability that person ought not to move or be moved from that place.

(3)The procedure under which the two people concerned may register as civil partners of each other is the same as the standard procedure, except that—

(a)each notice of proposed civil partnership must be accompanied by a statement under subsection (2) (“a medical statement”), which must have been made not more than 14 days before the day on which the notice is recorded,

(b)the fact that the registration authority to whom the notice is given has received the medical statement must be recorded in the register, and

(c)the applicable period (for the purposes of section 17) is the period of 3 months beginning with—

(i)the day on which the notices of proposed civil partnership are recorded, or

(ii)if the notices are not recorded on the same day, the earlier of those days.

(4)A medical statement must contain such information and must be made in such manner as may be prescribed by regulations.

(5)A medical statement may not be made in relation to a person who is detained as described in section 19(2).

(6)For the purposes of this Chapter, a person in relation to whom a medical statement is made is to be treated, if he would not otherwise be so treated, as resident and usually resident at the place where he is for the time being.

Commencement Information

I6S. 18 wholly in force at 5.12.2005; s. 18 not in force at Royal Assent see s. 263; s. 18(4) in force for certain purposes at 15.4.2005 by S.I. 2005/1112, art. 2, Sch. 1 and otherwise 5.12.2005 insofar as not already in force by S.I. 2005/3175, art. 2(1), Sch. 1; s. 18(1)-(3)(5)(6) in force at 5.12.2005 insofar as not already in force by S.I. 2005/3175, art. 2(1), Sch. 1

19Detained personsE+W

(1)This section applies if two people wish to register as civil partners of each other at the place where one of them is detained.

(2)Detained” means detained—

(a)as a patient in a hospital (but otherwise than by virtue of section 2, 4, 5, 35, 36 or 136 of the Mental Health Act 1983 (c. 20) (short term detentions)), or

(b)in a prison or other place to which the Prison Act 1952 (c. 52) applies.

(3)The procedure under which the two people concerned may register as civil partners of each other is the same as the standard procedure, except that—

(a)each notice of proposed civil partnership must be accompanied by a supporting statement, which must have been made not more than 21 days before the day on which the notice is recorded,

(b)the fact that the registration authority to whom the notice is given has received the supporting statement must be recorded in the register, and

(c)the applicable period (for the purposes of section 17) is the period of 3 months beginning with—

(i)the day on which the notices of proposed civil partnership are recorded, or

(ii)if the notices are not recorded on the same day, the earlier of those days.

(4)A supporting statement, in relation to a detained person, is a statement made by the responsible authority which—

(a)identifies the establishment where the person is detained, and

(b)states that the responsible authority has no objection to that establishment being specified in a notice of proposed civil partnership as the place at which the person is to register as a civil partner.

(5)A supporting statement must contain such information and must be made in such manner as may be prescribed by regulations.

(6)The responsible authority” means—

(a)if the person is detained in a hospital, the hospital’s managers;

(b)if the person is detained in a prison or other place to which the 1952 Act applies, the governor or other officer for the time being in charge of that prison or other place.

(7)Patient” and “hospital” have the same meaning as in Part 2 of the 1983 Act and “managers”, in relation to a hospital, has the same meaning as in section 145(1) of the 1983 Act.

(8)For the purposes of this Chapter, a detained person is to be treated, if he would not otherwise be so treated, as resident and usually resident at the place where he is for the time being.

Commencement Information

I7S. 19 wholly in force at 5.12.2005; s. 19 not in force at Royal Assent see s. 263; s. 19(5) in force for certain purposes at 15.4.2005 by S.I. 2005/1112, art. 2, Sch. 1 and otherwise 5.12.2005 insofar as not already in force by S.I. 2005/3175, art. 2(1), Sch. 1; s. 19(1)-(4)(6)-(8) in force at 5.12.2005 insofar as not already in force by S.I. 2005/3175, art. 2(1), Sch. 1

Modified procedures for certain non-residentsE+W

20Modified procedures for certain non-residentsE+W

(1)Subsection (5) applies in the following [F42two] cases.

(2)The first is where—

(a)two people wish to register as civil partners of each other in England and Wales, and

(b)one of them (“A”) resides in Scotland and the other (“B”) resides in England or Wales.

(3)F43. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)The [F44second] is where—

(a)two people wish to register as civil partners of each other in England and Wales, and

(b)one of them (“A”) is [F45an officer, seaman or marine borne on the books of one of Her Majesty's ships at sea.] and the other (“B”) resides in England or Wales.

(5)For the purposes of the standard procedure, the procedure for house-bound persons and the procedure for detained persons—

(a)A is not required to give a notice of proposed civil partnership under this Chapter;

[F46(b)B may make the necessary declaration without reference to A's usual place of residence for any period;]

(c)the waiting period is calculated by reference to the day on which B’s notice is recorded;

(d)the civil partnership schedule is not to be issued by a registration authority unless A or B produces to that registration authority a certificate of no impediment issued to A under the relevant provision;

(e)the applicable period is calculated by reference to the day on which B’s notice is recorded and, where the standard procedure is used in the [F47first case], is the period of 3 months beginning with that day;

(f)section 31 applies as if in subsections (1)(a) and (2)(c) for “each notice” there were substituted “ B’s notice ”.

(6)The relevant provision” means—

(a)if A resides in Scotland, section 97;

(b)F48. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)if A is [F49an officer, seaman or marine borne on the books of one of Her Majesty's ships at sea], section 239.

(7)F50. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The special procedureE+W

21Notice of proposed civil partnershipE+W

(1)For two people to register as civil partners of each other under the special procedure, one of them must—

(a)give a notice of proposed civil partnership to the registration authority for the area in which it is proposed that the registration take place, and

(b)comply with any requirement made under section 22.

(2)The notice must contain such information as may be prescribed by regulations.

(3)Subsections (3) to (6) of section 8 (necessary declaration etc.), apart from paragraph (b) of subsection (4), apply for the purposes of this section as they apply for the purposes of that section.

Commencement Information

I8S. 21 wholly in force at 5.12.2005; s. 21 not in force at Royal Assent see s. 263; s. 21(2) in force for certain purposes at 15.4.2005 by S.I. 2005/1112, art. 2, Sch. 1 and otherwise 5.12.2005 insofar as not already in force by S.I. 2005/3175, art. 2(1), Sch. 1; s. 21(1)(3) in force at 5.12.2005 insofar as not already in force by S.I. 2005/3175, art. 2(1), Sch. 1

22Evidence to be producedE+W

(1)The person giving a notice of proposed civil partnership to a registration authority under the special procedure must produce to the authority such evidence as the Registrar General may require to satisfy him—

(a)that there is no lawful impediment to the formation of the civil partnership,

(b)that the conditions in subsection (2) are met, and

(c)that there is sufficient reason why a licence should be granted.

[F51(2)The conditions are that one of the proposed civil partners—

(a)is seriously ill and not expected to recover,

(b)cannot be moved to a place where they could be registered as civil partners of each other under the standard procedure, and

(c)understands the nature and purport of signing a Registrar General's licence.]

(3)The certificate of a registered medical practitioner is sufficient evidence of any or all of the matters referred to in subsection (2).

23Application to be reported to Registrar GeneralE+W

On receiving a notice of proposed civil partnership under section 21 and any evidence under section 22, the registration authority must—

(a)inform the Registrar General, and

(b)comply with any directions the Registrar General may give for verifying the evidence given.

24Objection to issue of Registrar General’s licenceE+W

(1)Any person may object to the Registrar General giving authority for the issue of his licence by giving the Registrar General or any registration authority notice of his objection.

(2)A notice of objection must—

(a)state the objector’s place of residence and the ground of objection, and

(b)be signed by or on behalf of the objector.

(3)If a notice of objection is given to a registration authority, it must ensure that the fact that it has been given and the information in it are recorded in the register as soon as possible.

25Issue of Registrar General’s licenceE+W

(1)This section applies where a notice of proposed civil partnership is given to a registration authority under section 21.

(2)The registration authority may issue a Registrar General’s licence if, and only if, given authority to do so by the Registrar General.

(3)The Registrar General—

(a)may not give his authority unless he is satisfied that one of the proposed civil partners is seriously ill and not expected to recover, but

(b)if so satisfied, must give his authority unless a lawful impediment to the issue of his licence has been shown to his satisfaction to exist.

(4)A licence under this section must state that it is issued on the authority of the Registrar General.

(5)Regulations may (subject to subsection (4)) make provision as to the contents of a licence under this section.

(6)If an objection has been made to the Registrar General giving authority for the issue of his licence, he is not to give that authority until—

(a)he has investigated the objection and decided whether it ought to obstruct the issue of his licence, or

(b)the objection has been withdrawn by the person who made it.

(7)Any decision of the Registrar General under subsection (6)(a) is final.

Commencement Information

I9S. 25 wholly in force at 5.12.2005; s. 25 not in force at Royal Assent see s. 263; s. 25(5) in force at 15.4.2005 by S.I. 2005/1112, art. 2, Sch. 1; s. 25(1)-(4)(6)(7) in force at 5.12.2005 by S.I. 2005/3175, art. 2(1), Sch. 1

26Frivolous objections: liability for costsE+W

(1)This section applies if—

(a)a person objects to the Registrar General giving authority for the issue of his licence, but

(b)the Registrar General declares that the grounds on which the objection is made are frivolous and ought not to obstruct the issue of his licence.

(2)The person who made the objection is liable for—

(a)the costs of the proceedings before the Registrar General, and

(b)damages recoverable by the proposed civil partner to whom the objection relates.

(3)For the purpose of enabling any person to recover any such costs and damages, a copy of a declaration of the Registrar General purporting to be sealed with the seal of the General Register Office is evidence that the Registrar General has made the declaration.

27Period during which registration may take placeE+W

(1)If a Registrar General’s licence has been issued under section 25, the proposed civil partners may register as civil partners by signing it at any time within 1 month from the day on which the notice of proposed civil partnership was given.

(2)If they do not register as civil partners by signing the licence within the 1 month period—

(a)the notice of proposed civil partnership and the licence are void, and

(b)no civil partnership registrar may officiate at the signing of the licence by them.

SupplementaryU.K.

28Registration authoritiesE+W

In this Chapter “registration authority” means—

(a)in relation to England, a county council, the council of any district comprised in an area for which there is no county council, a London borough council, the Common Council of the City of London or the Council of the Isles of Scilly;

(b)in relation to Wales, a county council or a county borough council.

29Civil partnership registrarsE+W

(1)A civil partnership registrar is an individual who is designated by a registration authority as a civil partnership registrar for its area.

(2)It is the duty of each registration authority to ensure that there is a sufficient number of civil partnership registrars for its area to carry out in that area the functions of civil partnership registrars.

(3)Each registration authority must inform the Registrar General as soon as is practicable—

(a)of any designation it has made of a person as a civil partnership registrar, and

(b)of the ending of any such designation.

(4)F52. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

30The Registrar General and the registerE+W

(1)In this Chapter “the Registrar General” means the Registrar General for England and Wales.

(2)The Registrar General must provide a system for keeping any records that relate to civil partnerships and are required by this Chapter to be made.

(3)The system may, in particular, enable those records to be kept together with other records kept by the Registrar General.

(4)In this Chapter “the register” means the system for keeping records provided under subsection (2).

[F5330ZA.Religious involvement: protection against compulsionU.K.

(1)A protected person may not be compelled by any means (including by the enforcement of a contract or a statutory or other legal requirement) to—

(a)seek or consent to the approval of religious premises for the purposes of section 6(3A)(a),

(b)allow religious premises to be used as the place at which two people register as civil partners of each other under this Part, or

(c)provide, arrange, facilitate, participate in, or be present at—

(i)an occasion during which two people register as civil partners of each other on religious premises under this Part, or

(ii)a ceremony or event in England or Wales to mark the formation of a civil partnership,

where the person does not wish to do things of that sort in relation to civil partnerships generally, or those between two people of the same sex, or those between two people of the opposite sex.

(2)In this section—

  • “protected person” means—

    (a)

    a religious organisation,

    (b)

    a constituent body or part of a religious organisation, or

    (c)

    a person acting on behalf of, or under the auspices of, such an organisation, body or part,

    but does not include a civil partnership registrar;

  • “religious premises” has the meaning given by section 6A(3C).]

[F5430ARelevant nationalsU.K.

In this Chapter “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.]

Textual Amendments

F54S. 30A inserted (20.10.2014 for specified purposes, 1.3.2015 in so far as not already in force) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 4 para. 27 (with Sch. 9 para. 66); S.I. 2014/2771, art. 3(e); S.I. 2015/371, art. 2(1)(f)

31Offences relating to civil partnership scheduleE+W

(1)A person commits an offence if he issues a civil partnership schedule knowing that he does so—

(a)before the waiting period in relation to each notice of proposed civil partnership has expired,

(b)after the end of the applicable period, or

(c)at a time when its issue has been forbidden under Schedule 2 by a person entitled to forbid its issue.

(2)A person commits an offence if, in his actual or purported capacity as a civil partnership registrar, he officiates at the signing of a civil partnership schedule by proposed civil partners knowing that he does so—

(a)at a place other than the place specified in the notices of proposed civil partnership and the civil partnership schedule,

[F55(aa)on premises that are not approved premises although the signing is purportedly in accordance with section 6(3A)(a),

F56(ab). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

(b)in the absence of a civil partnership registrar,

(c)before the waiting period in relation to each notice of proposed civil partnership has expired, or

(d)even though the civil partnership is void under section 49(b) or (c).

(3)A person guilty of an offence under subsection (1) or [F57(2)(a), (aa), (b), (c) or (d)] is liable on conviction on indictment to imprisonment for a term not exceeding 5 years or to a fine (or both).

[F58(3A)A person guilty of an offence under subsection (2)(ab) is liable on conviction on indictment to imprisonment for a term not exceeding 14 years or to a fine or both.]

(4)A prosecution under this section may not be commenced more than 3 years after the commission of the offence.

32Offences relating to Registrar General’s licenceE+W

(1)A person commits an offence if—

(a)he gives information by way of evidence in response to a requirement under section 22(1), knowing that the information is false;

(b)he gives a certificate as provided for by section 22(3), knowing that the certificate is false.

(2)A person commits an offence if, in his actual or purported capacity as a civil partnership registrar, he officiates at the signing of a Registrar General’s licence by proposed civil partners knowing that he does so—

(a)at a place other than the place specified in the licence,

(b)in the absence of a civil partnership registrar,

(c)after the end of 1 month from the day on which the notice of proposed civil partnership was given, or

(d)even though the civil partnership is void under section 49(b) or (c).

(3)A person guilty of an offence under subsection (1) or (2) is liable—

(a)on conviction on indictment, to imprisonment not exceeding 3 years or to a fine (or both);

(b)on summary conviction, to a fine not exceeding the statutory maximum.

(4)A prosecution under this section may not be commenced more than 3 years after the commission of the offence.

33Offences relating to the recording of civil partnershipsE+W

(1)A civil partnership registrar commits an offence if he refuses or fails to comply with the provisions of this Chapter or of any regulations made under section 36.

(2)A civil partnership registrar guilty of an offence under subsection (1) is liable—

(a)on conviction on indictment, to imprisonment for a term not exceeding 2 years or to a fine (or both);

(b)on summary conviction, to a fine not exceeding the statutory maximum;

and on conviction shall cease to be a civil partnership registrar.

(3)A person commits an offence if—

(a)under arrangements made by a registration authority for the purposes of section 2(4), he is under a duty to record information required to be recorded under section 2(4), but

(b)he refuses or without reasonable cause omits to do so.

(4)A person guilty of an offence under subsection (3) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(5)A person commits an offence if he records in the register information relating to the formation of a civil partnership by the signing of a civil partnership schedule, knowing that the civil partnership is void under section 49(b) or (c).

(6)A person guilty of an offence under subsection (5) is liable on conviction on indictment, to imprisonment for a term not exceeding 5 years or to a fine (or both).

(7)A person commits an offence if he records in the register information relating to the formation of a civil partnership by the signing of a Registrar General’s licence, knowing that the civil partnership is void under section 49(b) or (c).

(8)A person guilty of an offence under subsection (7) is liable—

(a)on conviction on indictment, to imprisonment for a term not exceeding 3 years or to a fine (or both);

(b)on summary conviction, to a fine not exceeding the statutory maximum.

(9)A prosecution under subsection (5) or (7) may not be commenced more than 3 years after the commission of the offence.

34FeesE+W

(1)The [F59Secretary of State] may by order provide for fees F60... to be payable to such persons as may be prescribed by the order in respect of—

(a)the giving of a notice of proposed civil partnership and the attestation of the necessary declaration;

(b)the making of an application under section 12(1) (application to reduce waiting period);

(c)the issue of a Registrar General’s licence;

(d)the attendance of the civil partnership registrar when two people sign the civil partnership document;

(e)such other services provided in connection with civil partnerships either by registration authorities or by or on behalf of the Registrar General as may be prescribed by the order.

[F61(1A)An order under this section may—

(a)specify the amount of any fee payable under the order, or

(b)set out how such a fee is to be determined.

(1B)Subsection (1C) applies where the order provides for a fee to be payable to a registration authority.

(1C)The order may provide for such part of the fee as may be specified by or determined in accordance with the order to be payable by the registration authority to the Registrar General in such circumstances as may be prescribed by the order.]

[F62(2)The order may provide for the reduction, waiver or refund of part or all of a fee whether by conferring a discretion or otherwise.]

[F63(3)Where a civil partnership registrar for any area attends when two people sign the civil partnership schedule on approved premises, in accordance with section 6(3A)(a)—

(a)subsection (1)(d) does not apply, but

(b)the registration authority for that area is entitled from those people a fee of an amount determined by the authority in accordance with regulations under section 6A.]

Textual Amendments

F60Words in s. 34(1) omitted (12.7.2016) by virtue of Immigration Act 2016 (c. 19), s. 94(1), Sch. 15 para. 4(2); S.I. 2016/603, reg. 3(w)

Modifications etc. (not altering text)

Commencement Information

I10S. 34 wholly in force at 5.12.2005; s. 34 not in force at Royal Assent see s. 263; s. 34(1) in force at 15.4.2005 by S.I. 2005/1112, art. 2, Sch. 1; s. 34(2) in force at 5.12.2005 by S.I. 2005/3175, art. 2(1), Sch. 1

35Power to assimilate provisions relating to civil registrationU.K.

(1)The [F64Secretary of State] may by order make—

(a)such amendments of this Act as appear to him appropriate for the purpose of assimilating any provision connected with the formation or recording of civil partnerships in England and Wales to any provision made F65. . . in relation to civil marriage in England and Wales, and

(b)such amendments of other enactments and of subordinate legislation as appear to him appropriate in consequence of any amendments made under paragraph (a).

(2)Civil marriage” means marriage solemnised otherwise than according to the rites of the Church of England or any other religious usages.

(3)Amendment” includes repeal or revocation.

(4)Subordinate legislation” has the same meaning as in the Interpretation Act 1978 (c. 30).

Textual Amendments

F65Words in s. 35(1)(a) repealed (8.1.2007) by Legislative and Regulatory Reform Act 2006 (c. 51), ss. 30, 33, Sch. (with s. 30(2)-(5))

Modifications etc. (not altering text)

36Regulations and ordersE+W

(1)Regulations may make provision supplementing the provisions of this Chapter.

(2)Regulations may in particular make provision—

(a)relating to the use of Welsh in documents and records relating to civil partnerships;

(b)with respect to the retention of documents relating to civil partnerships;

(c)prescribing the duties of civil partnership registrars;

(d)prescribing the duties of persons in whose presence any declaration is made for the purposes of this Chapter;

(e)for the issue by the Registrar General of guidance supplementing any provision made by the regulations.

(f)for the issue by registration authorities or the Registrar General of certified copies of entries in the register and for such copies to be received in evidence.

[F66(g)for the carrying out by the Registrar General, on request, of searches of entries in the register and the provision, on request, of information contained in the entries (otherwise than in the form of certified copies).]

(3)In this Chapter [F67, except in section 6A [F689B, 9E(2), 12(7) or 12A] ,]regulations” means regulations made by the Registrar General with the approval of the [F69Secretary of State].

(4)Any power to make regulations or an order under this Chapter is exercisable by statutory instrument.

(5)A statutory instrument containing [F70regulations under section 6A [F719B, 9E(2) or 12A] or] an order under section 34 is subject to annulment in pursuance of a resolution of either House of Parliament.

(6)No order may be made under section [F729D or] 35 unless a draft of the statutory instrument containing the order has been laid before, and approved by a resolution of, each House of Parliament.

Textual Amendments

F66S. 36(2)(g) inserted (26.5.2015) by Deregulation Act 2015 (c. 20), ss. 99(2), 115(3)(k)

F68Words in s. 36(3) inserted (20.10.2014 for specified purposes, 1.3.2015 in so far as not already in force) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 4 para. 28(2) (with Sch. 9 para. 66); S.I. 2014/2771, art. 3(e); S.I. 2015/371, art. 2(1)(f)

F71Words in s. 36(5) inserted (20.10.2014 for specified purposes, 1.3.2015 in so far as not already in force) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 4 para. 28(3) (with Sch. 9 para. 66); S.I. 2014/2771, art. 3(e); S.I. 2015/371, art. 2(1)(f)

F72Words in s. 36(6) inserted (20.10.2014 for specified purposes, 1.3.2015 in so far as not already in force) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 4 para. 28(4) (with Sch. 9 para. 66); S.I. 2014/2771, art. 3(e); S.I. 2015/371, art. 2(1)(f)

Modifications etc. (not altering text)

Chapter 2E+WDissolution, nullity and other proceedings

IntroductionE+W

37Powers to make orders and effect of ordersE+W

(1)The court may, in accordance with this Chapter—

(a)make an order (a “dissolution order”) which dissolves a civil partnership on the ground that it has broken down irretrievably;

(b)make an order (a “nullity order”) which annuls a civil partnership which is void or voidable;

(c)make an order (a “presumption of death order”) which dissolves a civil partnership on the ground that one of the civil partners is presumed to be dead;

(d)make an order (a “separation order”) which provides for the separation of the civil partners.

(2)Every dissolution, nullity or presumption of death order—

(a)is, in the first instance, a conditional order, and

(b)may not be made final before the end of the prescribed period (see section 38);

and any reference in this Chapter to a conditional order is to be read accordingly.

(3)A nullity order made where a civil partnership is voidable annuls the civil partnership only as respects any time after the order has been made final, and the civil partnership is to be treated (despite the order) as if it had existed up to that time.

(4)In this Chapter, other than in sections 58 to 61, “the court” means—

(a)the High Court, or

[F73(b)the family court.]

(5)This Chapter is subject to sections 219 to 224 (jurisdiction of the court).

Textual Amendments

F73S. 37(4)(b) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 162; S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

38The period before conditional orders may be made finalE+W

(1)Subject to subsections (2) to (4), the prescribed period for the purposes of section 37(2)(b) is—

(a)6 weeks from the making of the conditional order, or

(b)if the 6 week period would end on a day on which the office or registry of the court dealing with the case is closed, the period of 6 weeks extended to the end of the first day on which the office or registry is next open.

(2)The Lord Chancellor may by order amend this section so as to substitute a different definition of the prescribed period for the purposes of section 37(2)(b).

(3)But the Lord Chancellor may not under subsection (2) provide for a period longer than 6 months to be the prescribed period.

(4)In a particular case the court dealing with the case may by order shorten the prescribed period.

(5)The power to make an order under subsection (2) is exercisable by statutory instrument.

(6)An instrument containing such an order is subject to annulment in pursuance of a resolution of either House of Parliament.

39Intervention of the Queen’s ProctorE+W

(1)This section applies if an application has been made for a dissolution, nullity or presumption of death order.

(2)The court may, if it thinks fit, direct that all necessary papers in the matter are to be sent to the Queen’s Proctor who must under the directions of the Attorney General instruct counsel to argue before the court any question in relation to the matter which the court considers it necessary or expedient to have fully argued.

(3)If any person at any time—

(a)during the progress of the proceedings, or

(b)before the conditional order is made final,

gives information to the Queen’s Proctor on any matter material to the due decision of the case, the Queen’s Proctor may take such steps as the Attorney General considers necessary or expedient.

(4)If the Queen’s Proctor intervenes or shows cause against the making of the conditional order in any proceedings relating to its making, the court may make such order as may be just as to—

(a)the payment by other parties to the proceedings of the costs incurred by him in doing so, or

(b)the payment by the Queen’s Proctor of any costs incurred by any of those parties because of his doing so.

(5)The Queen’s Proctor is entitled to charge as part of the expenses of his office—

(a)the costs of any proceedings under subsection (2);

(b)if his reasonable costs of intervening or showing cause as mentioned in subsection (4) are not fully satisfied by an order under subsection (4)(a), the amount of the difference;

(c)if the Treasury so directs, any costs which he pays to any parties under an order made under subsection (4)(b).

40Proceedings before order has been made finalE+W

(1)This section applies if—

(a)a conditional order has been made, and

(b)the Queen’s Proctor, or any person who has not been a party to proceedings in which the order was made, shows cause why the order should not be made final on the ground that material facts have not been brought before the court.

(2)This section also applies if—

(a)a conditional order has been made,

(b)3 months have elapsed since the earliest date on which an application could have been made for the order to be made final,

(c)no such application has been made by the civil partner who applied for the conditional order, and

(d)the other civil partner makes an application to the court under this subsection.

(3)The court may—

(a)make the order final,

(b)rescind the order,

(c)require further inquiry, or

(d)otherwise deal with the case as it thinks fit.

(4)Subsection (3)(a)—

(a)applies despite section 37(2) (period before conditional orders may be made final), but

(b)is subject to section 48(4) (protection for respondent in separation cases) F74....

Textual Amendments

F74Words in s. 40(4)(b) omitted (22.4.2014) by virtue of Children and Families Act 2014 (c. 6), ss. 17(6), 139(6); S.I. 2014/793, art. 2 (with transitional provisions in S.I. 2014/1042, arts. 5, 11)

41Time bar on applications for dissolution ordersE+W

(1)No application for a dissolution order may be made to the court before the end of the period of 1 year from the date of the formation of the civil partnership.

(2)Nothing in this section prevents the making of an application based on matters which occurred before the end of the 1 year period.

Modifications etc. (not altering text)

42Attempts at reconciliation of civil partnersE+W

(1)This section applies in relation to cases where an application is made for a dissolution or separation order.

(2)Rules of court must make provision for requiring the [F75legal representative] acting for the applicant to certify whether he has—

(a)discussed with the applicant the possibility of a reconciliation with the other civil partner, and

(b)given the applicant the names and addresses of persons qualified to help effect a reconciliation between civil partners who have become estranged.

(3)If at any stage of proceedings for the order it appears to the court that there is a reasonable possibility of a reconciliation between the civil partners, the court may adjourn the proceedings for such period as it thinks fit to enable attempts to be made to effect a reconciliation between them.

(4)The power to adjourn under subsection (3) is additional to any other power of adjournment.

Textual Amendments

F75Words in s. 42(2) substituted (1.1.2010) by Legal Services Act 2007 (c. 20), ss. 208, 211, Sch. 21 para. 150 (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(h) (with arts. 6, 9)

Commencement Information

I11S. 42 wholly in force at 5.12.2005; s. 42 not in force at Royal Assent see s. 263; s. 42(1) in force at 15.4.2005 for certain purposes by S.I. 2005/1112, art. 2, Sch. 1 and otherwise 5.12.2005 insofar as not already in force by S.I. 2005/3175, art. 2(1), Sch. 1; s. 42(2) in force at 15.4.2005 by S.I. 2005/1112, art. 2, Sch. 1; s. 42(3)(4) in force at 5.12.2005 insofar as not already in force by S.I. 2005/3175, art. 2(1), Sch. 1

43Consideration by the court of certain agreements or arrangementsE+W

(1)This section applies in relation to cases where—

(a)proceedings for a dissolution or separation order are contemplated or have begun, and

(b)an agreement or arrangement is made or proposed to be made between the civil partners which relates to, arises out of, or is connected with, the proceedings.

(2)Rules of court may make provision for enabling—

(a)the civil partners, or either of them, to refer the agreement or arrangement to the court, and

(b)the court—

(i)to express an opinion, if it thinks it desirable to do so, as to the reasonableness of the agreement or arrangement, and

(ii)to give such directions, if any, in the matter as it thinks fit.

Dissolution of civil partnershipE+W

44Dissolution of civil partnership which has broken down irretrievablyE+W

(1)Subject to section 41, an application for a dissolution order may be made to the court by either civil partner on the ground that the civil partnership has broken down irretrievably.

(2)On an application for a dissolution order the court must inquire, so far as it reasonably can, into—

(a)the facts alleged by the applicant, and

(b)any facts alleged by the respondent.

(3)The court hearing an application for a dissolution order must not hold that the civil partnership has broken down irretrievably unless the applicant satisfies the court of one or more of the facts described in subsection (5)(a), (b), (c) or (d).

(4)But if the court is satisfied of any of those facts, it must make a dissolution order unless it is satisfied on all the evidence that the civil partnership has not broken down irretrievably.

(5)The facts referred to in subsections (3) and (4) are—

(a)that the respondent has behaved in such a way that the applicant cannot reasonably be expected to live with the respondent;

(b)that—

(i)the applicant and the respondent have lived apart for a continuous period of at least 2 years immediately preceding the making of the application (“2 years' separation”), and

(ii)the respondent consents to a dissolution order being made;

(c)that the applicant and the respondent have lived apart for a continuous period of at least 5 years immediately preceding the making of the application (“5 years' separation”);

(d)that the respondent has deserted the applicant for a continuous period of at least 2 years immediately preceding the making of the application.

45Supplemental provisions as to facts raising presumption of breakdownE+W

(1)Subsection (2) applies if—

(a)in any proceedings for a dissolution order the applicant alleges, in reliance on section 44(5)(a), that the respondent has behaved in such a way that the applicant cannot reasonably be expected to live with the respondent, but

(b)after the date of the occurrence of the final incident relied on by the applicant and held by the court to support his allegation, the applicant and the respondent have lived together for a period (or periods) which does not, or which taken together do not, exceed 6 months.

(2)The fact that the applicant and respondent have lived together as mentioned in subsection (1)(b) must be disregarded in determining, for the purposes of section 44(5)(a), whether the applicant cannot reasonably be expected to live with the respondent.

(3)Subsection (4) applies in relation to cases where the applicant alleges, in reliance on section 44(5)(b), that the respondent consents to a dissolution order being made.

(4)Rules of court must make provision for the purpose of ensuring that the respondent has been given such information as will enable him to understand—

(a)the consequences to him of consenting to the making of the order, and

(b)the steps which he must take to indicate his consent.

(5)For the purposes of section 44(5)(d) the court may treat a period of desertion as having continued at a time when the deserting civil partner was incapable of continuing the necessary intention, if the evidence before the court is such that, had he not been so incapable, the court would have inferred that the desertion continued at that time.

(6)In considering for the purposes of section 44(5) whether the period for which the civil partners have lived apart or the period for which the respondent has deserted the applicant has been continuous, no account is to be taken of—

(a)any one period not exceeding 6 months, or

(b)any two or more periods not exceeding 6 months in all,

during which the civil partners resumed living with each other.

(7)But no period during which the civil partners have lived with each other counts as part of the period during which the civil partners have lived apart or as part of the period of desertion.

(8)For the purposes of section 44(5)(b) and (c) and this section civil partners are to be treated as living apart unless they are living with each other in the same household, and references in this section to civil partners living with each other are to be read as references to their living with each other in the same household.

Commencement Information

I12S. 45 wholly in force at 5.12.2005; s. 45 not in force at Royal Assent see s. 263; s. 45(3)(4) in force at 15.4.2005 by S.I. 2005/1112, art. 2, Sch. 1; s. 45(1)(2)(5)-(8) in force at 5.12.2005 by S.I. 2005/3175, art. 2(1), Sch. 1

46Dissolution order not precluded by previous separation order etc.E+W

(1)Subsections (2) and (3) apply if any of the following orders has been made in relation to a civil partnership—

(a)a separation order;

(b)an order under Schedule 6 (financial relief in magistrates' courts etc.);

(c)an order under section 33 of the Family Law Act 1996 (c. 27) (occupation orders);

(d)an order under section 37 of the 1996 Act (orders where neither civil partner entitled to occupy the home).

(2)Nothing prevents—

(a)either civil partner from applying for a dissolution order, or

(b)the court from making a dissolution order,

on the same facts, or substantially the same facts, as those proved in support of the making of the order referred to in subsection (1).

(3)On the application for the dissolution order, the court—

(a)may treat the order referred to in subsection (1) as sufficient proof of any desertion or other fact by reference to which it was made, but

(b)must not make the dissolution order without receiving evidence from the applicant.

(4)If—

(a)the application for the dissolution order follows a separation order or any order requiring the civil partners to live apart,

(b)there was a period of desertion immediately preceding the institution of the proceedings for the separation order, and

(c)the civil partners have not resumed living together and the separation order has been continuously in force since it was made,

the period of desertion is to be treated for the purposes of the application for the dissolution order as if it had immediately preceded the making of the application.

(5)For the purposes of section 44(5)(d) the court may treat as a period during which the respondent has deserted the applicant any period during which there is in force—

(a)an injunction granted by the High Court[F76, the family court or the county court] which excludes the respondent from the civil partnership home, or

(b)an order under section 33 or 37 of the 1996 Act which prohibits the respondent from occupying a dwelling-house in which the applicant and the respondent have, or at any time have had, a civil partnership home.

Textual Amendments

F76Words in s. 46(5)(a) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 163; S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

47Refusal of dissolution in 5 year separation cases on ground of grave hardshipE+W

(1)The respondent to an application for a dissolution order in which the applicant alleges 5 years' separation may oppose the making of an order on the ground that—

(a)the dissolution of the civil partnership will result in grave financial or other hardship to him, and

(b)it would in all the circumstances be wrong to dissolve the civil partnership.

(2)Subsection (3) applies if—

(a)the making of a dissolution order is opposed under this section,

(b)the court finds that the applicant is entitled to rely in support of his application on the fact of 5 years' separation and makes no such finding as to any other fact mentioned in section 44(5), and

(c)apart from this section, the court would make a dissolution order.

(3)The court must—

(a)consider all the circumstances, including the conduct of the civil partners and the interests of the civil partners and of any children or other persons concerned, and

(b)if it is of the opinion that the ground mentioned in subsection (1) is made out, dismiss the application for the dissolution order.

(4)Hardship” includes the loss of the chance of acquiring any benefit which the respondent might acquire if the civil partnership were not dissolved.

48Proceedings before order made final: protection for respondent in separation casesE+W

(1)The court may, on an application made by the respondent, rescind a conditional dissolution order if—

(a)it made the order on the basis of a finding that the applicant was entitled to rely on the fact of 2 years' separation coupled with the respondent’s consent to a dissolution order being made,

(b)it made no such finding as to any other fact mentioned in section 44(5), and

(c)it is satisfied that the applicant misled the respondent (whether intentionally or unintentionally) about any matter which the respondent took into account in deciding to give his consent.

(2)Subsections (3) to (5) apply if—

(a)the respondent to an application for a dissolution order in which the applicant alleged—

(i)2 years' separation coupled with the respondent’s consent to a dissolution order being made, or

(ii)5 years' separation,

has applied to the court for consideration under subsection (3) of his financial position after the dissolution of the civil partnership, and

(b)the court—

(i)has made a conditional dissolution order on the basis of a finding that the applicant was entitled to rely in support of his application on the fact of 2 years' or 5 years' separation, and

(ii)has made no such finding as to any other fact mentioned in section 44(5).

(3)The court hearing an application by the respondent under subsection (2) must consider all the circumstances, including—

(a)the age, health, conduct, earning capacity, financial resources and financial obligations of each of the parties, and

(b)the financial position of the respondent as, having regard to the dissolution, it is likely to be after the death of the applicant should the applicant die first.

(4)Subject to subsection (5), the court must not make the order final unless it is satisfied that—

(a)the applicant should not be required to make any financial provision for the respondent, or

(b)the financial provision made by the applicant for the respondent is—

(i)reasonable and fair, or

(ii)the best that can be made in the circumstances.

(5)The court may if it thinks fit make the order final if—

(a)it appears that there are circumstances making it desirable that the order should be made final without delay, and

(b)it has obtained a satisfactory undertaking from the applicant that he will make such financial provision for the respondent as it may approve.

NullityE+W

49Grounds on which civil partnership is voidE+W

Where two people register as civil partners of each other in England and Wales, the civil partnership is void if—

(a)at the time when they do so, they are not eligible to register as civil partners of each other under Chapter 1 (see section 3),

(b)at the time when they do so they both know—

(i)that due notice of proposed civil partnership has not been given,

(ii)that the civil partnership document has not been duly issued,

(iii)that the civil partnership document is void under section 17(3) or 27(2) (registration after end of time allowed for registering),

(iv)that the place of registration is a place other than that specified in the notices (or notice) of proposed civil partnership and the civil partnership document, F77. . .

(v)that a civil partnership registrar is not present, or

[F78(vi)that the place of registration is on premises that are not approved premises although the registration is purportedly in accordance with section 6(3A)(a), or]

(c)the civil partnership document is void under paragraph 6(5) of Schedule 2 (civil partnership between child and another person forbidden).

50Grounds on which civil partnership is voidableE+W

(1)Where two people register as civil partners of each other in England and Wales, the civil partnership is voidable if—

(a)either of them did not validly consent to its formation (whether as a result of duress, mistake, unsoundness of mind or otherwise);

(b)at the time of its formation either of them, though capable of giving a valid consent, was suffering (whether continuously or intermittently) from mental disorder of such a kind or to such an extent as to be unfitted for civil partnership;

(c)at the time of its formation, the respondent was pregnant by some person other than the applicant;

(d)an interim gender recognition certificate under the Gender Recognition Act 2004 (c. 7) has, after the time of its formation, been issued to either civil partner;

(e)the respondent is a person whose gender at the time of its formation had become the acquired gender under the 2004 Act.

(2)In this section and section 51 “mental disorder” has the same meaning as in the Mental Health Act 1983 (c. 20).

51Bars to relief where civil partnership is voidableE+W

(1)The court must not make a nullity order on the ground that a civil partnership is voidable if the respondent satisfies the court—

(a)that the applicant, with knowledge that it was open to him to obtain a nullity order, conducted himself in relation to the respondent in such a way as to lead the respondent reasonably to believe that he would not seek to do so, and

(b)that it would be unjust to the respondent to make the order.

(2)Without prejudice to subsection (1), the court must not make a nullity order by virtue of section 50(1)(a), (b), (c) or (e) unless—

(a)it is satisfied that proceedings were instituted within 3 years from the date of the formation of the civil partnership, or

(b)leave for the institution of proceedings after the end of that 3 year period has been granted under subsection (3).

(3)A judge of the court may, on an application made to him, grant leave for the institution of proceedings if he—

(a)is satisfied that the applicant has at some time during the 3 year period suffered from mental disorder, and

(b)considers that in all the circumstances of the case it would be just to grant leave for the institution of proceedings.

(4)An application for leave under subsection (3) may be made after the end of the 3 year period.

(5)Without prejudice to subsection (1), the court must not make a nullity order by virtue of section 50(1)(d) unless it is satisfied that proceedings were instituted within the period of 6 months from the date of issue of the interim gender recognition certificate.

(6)Without prejudice to subsections (1) and (2), the court must not make a nullity order by virtue of section 50(1)(c) or (e) unless it is satisfied that the applicant was at the time of the formation of the civil partnership ignorant of the facts alleged.

52Proof of certain matters not necessary to validity of civil partnershipE+W

(1)Where two people have registered as civil partners of each other in England and Wales, it is not necessary in support of the civil partnership to give any proof—

(a)that any person whose consent to the civil partnership was required by section 4 (parental etc. consent) had given his consent, F79...

[F80(aa)that before the registration either of the civil partners resided, or resided for any period, in the area stated in the notices of proposed civil partnership to be the area of that person's place of residence;] [F81or

(ab)that, in the case of a civil partnership to which Schedule 3A applied, any of the events listed in paragraph 2(2) to (6) of that Schedule occurred.]

F82(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

and no evidence is to be given to prove the contrary in any proceedings touching the validity of the civil partnership.

(2)Subsection (1)(a) is subject to section 49(c) (civil partnership void if forbidden).

53Power to validate civil partnershipE+W

(1)Where two people have registered as civil partners of each other in England and Wales, the Lord Chancellor may by order validate the civil partnership if it appears to him that it is or may be void under section 49(b).

(2)An order under subsection (1) may include provisions for relieving a person from any liability under section 31(2), 32(2) or 33(5) or (7).

(3)The draft of an order under subsection (1) must be advertised, in such manner as the Lord Chancellor thinks fit, not less than one month before the order is made.

(4)The Lord Chancellor must—

(a)consider all objections to the order sent to him in writing during that month, and

(b)if it appears to him necessary, direct a local inquiry into the validity of any such objections.

(5)An order under subsection (1) is subject to special parliamentary procedure.

54Validity of civil partnerships registered outside England and WalesE+W

(1)Where two people register as civil partners of each other in Scotland, the civil partnership is—

(a)void, if it would be void in Scotland under section 123, and

(b)voidable, if the circumstances fall within section 50(1)(d).

(2)Where two people register as civil partners of each other in Northern Ireland, the civil partnership is—

(a)void, if it would be void in Northern Ireland under section 173, and

(b)voidable, if the circumstances fall within any paragraph of section 50(1).

(3)Subsection (4) applies where two people register as civil partners of each other under an Order in Council under—

(a)section 210 (registration at British consulates etc.), or

(b)section 211 (registration by armed forces personnel),

(“the relevant section”).

(4)The civil partnership is—

(a)void, if—

(i)the condition in subsection (2)(a) or (b) of the relevant section is not met, or

(ii)a requirement prescribed for the purposes of this paragraph by an Order in Council under the relevant section is not complied with, and

(b)voidable, if—

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

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

(5)The appropriate part of the United Kingdom is the part by reference to which the condition in subsection (2)(b) of the relevant section is met.

(6)Subsections (7) and (8) apply where two people have registered an apparent or alleged overseas relationship.

(7)The civil partnership is void if—

(a)the relationship is not an overseas relationship, or

(b)(even though the relationship is an overseas relationship) the parties are not treated under Chapter 2 of Part 5 as having formed a civil partnership.

(8)The civil partnership is voidable if—

(a)the overseas relationship is voidable under the relevant law,

(b)the circumstances fall within section 50(1)(d), or

(c)where either of the parties was domiciled in England and Wales or Northern Ireland at the time when the overseas relationship was registered, the circumstances fall within section 50(1)(a), (b), (c) or (e).

(9)Section 51 applies for the purposes of—

(a)subsections (1)(b), (2)(b) and (4)(b),

(b)subsection (8)(a), in so far as applicable in accordance with the relevant law, and

(c)subsection (8)(b) and (c).

(10)In subsections (8)(a) and (9)(b) “the relevant law” means the law of the country or territory where the overseas relationship was registered (including its rules of private international law).

(11)For the purposes of subsections (8) and (9)(b) and (c), references in sections 50 and 51 to the formation of the civil partnership are to be read as references to the registration of the overseas relationship.

Presumption of death ordersE+W

55Presumption of death ordersE+W

(1)The court may, on an application made by a civil partner, make a presumption of death order if it is satisfied that reasonable grounds exist for supposing that the other civil partner is dead.

(2)In any proceedings under this section the fact that—

(a)for a period of 7 years or more the other civil partner has been continually absent from the applicant, and

(b)the applicant has no reason to believe that the other civil partner has been living within that time,

is evidence that the other civil partner is dead until the contrary is proved.

Separation ordersE+W

56Separation ordersE+W

(1)An application for a separation order may be made to the court by either civil partner on the ground that any such fact as is mentioned in section 44(5)(a), (b), (c) or (d) exists.

(2)On an application for a separation order the court must inquire, so far as it reasonably can, into—

(a)the facts alleged by the applicant, and

(b)any facts alleged by the respondent,

but whether the civil partnership has broken down irretrievably is irrelevant.

(3)If the court is satisfied on the evidence of any such fact as is mentioned in section 44(5)(a), (b), (c) or (d) it must F83... make a separation order.

(4)Section 45 (supplemental provisions as to facts raising presumption of breakdown) applies for the purposes of an application for a separation order alleging any such fact as it applies in relation to an application for a dissolution order alleging that fact.

Textual Amendments

F83Words in s. 56(3) omitted (22.4.2014) by virtue of Children and Families Act 2014 (c. 6), ss. 17(7), 139(6); S.I. 2014/793, art. 2 (with transitional provisions in S.I. 2014/1042, arts. 5, 11)

57Effect of separation orderE+W

If either civil partner dies intestate as respects all or any of his or her real or personal property while—

(a)a separation order is in force, and

(b)the separation is continuing,

the property as respects which he or she died intestate devolves as if the other civil partner had then been dead.

DeclarationsE+W

58DeclarationsE+W

(1)Any person may apply to the High Court or [F84the family court] for one or more of the following declarations in relation to a civil partnership specified in the application—

(a)a declaration that the civil partnership was at its inception a valid civil partnership;

(b)a declaration that the civil partnership subsisted on a date specified in the application;

(c)a declaration that the civil partnership did not subsist on a date so specified;

(d)a declaration that the validity of a dissolution, annulment or legal separation obtained outside England and Wales in respect of the civil partnership is entitled to recognition in England and Wales;

(e)a declaration that the validity of a dissolution, annulment or legal separation so obtained in respect of the civil partnership is not entitled to recognition in England and Wales.

(2)Where an application under subsection (1) is made to a court by a person other than a civil partner in the civil partnership to which the application relates, the court must refuse to hear the application if it considers that the applicant does not have a sufficient interest in the determination of that application.

Textual Amendments

F84Words in s. 58 substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 164; S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

59General provisions as to making and effect of declarationsE+W

(1)Where on an application for a declaration under section 58 the truth of the proposition to be declared is proved to the satisfaction of the court, the court must make the declaration unless to do so would be manifestly contrary to public policy.

(2)Any declaration under section 58 binds Her Majesty and all other persons.

(3)The court, on the dismissal of an application for a declaration under section 58, may not make any declaration for which an application has not been made.

(4)No declaration which may be applied for under section 58 may be made otherwise than under section 58 by any court.

(5)No declaration may be made by any court, whether under section 58 or otherwise, that a civil partnership was at its inception void.

(6)Nothing in this section affects the powers of any court to make a nullity order in respect of a civil partnership.

60The Attorney General and proceedings for declarationsE+W

(1)On an application for a declaration under section 58 the court may at any stage of the proceedings, of its own motion or on the application of any party to the proceedings, direct that all necessary papers in the matter be sent to the Attorney General.

(2)The Attorney General, whether or not he is sent papers in relation to an application for a declaration under section 58, may—

(a)intervene in the proceedings on that application in such manner as he thinks necessary or expedient, and

(b)argue before the court dealing with the application any question in relation to the application which the court considers it necessary to have fully argued.

(3)Where any costs are incurred by the Attorney General in connection with any application for a declaration under section 58, the court may make such order as it considers just as to the payment of those costs by parties to the proceedings.

61Supplementary provisions as to declarationsE+W

(1)Any declaration made under section 58, and any application for such a declaration, must be in the form prescribed by rules of court.

(2)Rules of court may make provision—

(a)as to the information required to be given by any applicant for a declaration under section 58;

(b)requiring notice of an application under section 58 to be served on the Attorney General and on persons who may be affected by any declaration applied for.

(3)No proceedings under section 58 affect any final judgment or order already pronounced or made by any court of competent jurisdiction.

(4)The court hearing an application under section 58 may direct that the whole or any part of the proceedings must be heard in private.

(5)An application for a direction under subsection (4) must be heard in private unless the court otherwise directs.

Commencement Information

I13S. 61 wholly in force at 5.12.2005; s. 61 not in force at Royal Assent see s. 263; s. 61(1) in force at 15.4.2005 for certain purposes by S.I. 2005/1112, art. 2, Sch. 1 and otherwise 5.12.2005 insofar as not already in force by S.I. 2005/3175, art. 2(1), Sch. 1; s. 61(2) in force at 15.4.2005 by S.I. 2005/1112, art. 2, Sch. 1

General provisionsE+W

62Relief for respondent in dissolution proceedingsE+W

(1)If in any proceedings for a dissolution order the respondent alleges and proves any such fact as is mentioned in section 44(5)(a), (b), (c) or (d) the court may give to the respondent the relief to which he would have been entitled if he had made an application seeking that relief.

(2)When applying subsection (1), treat—

(a)the respondent as the applicant, and

(b)the applicant as the respondent,

for the purposes of section 44(5).

F8563Restrictions on making of orders affecting childrenE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F85S. 63 repealed (22.4.2014) by Children and Families Act 2014 (c. 6), ss. 17(1)(b), 139(6); S.I. 2014/793, art. 2 (with transitional provisions in S.I. 2014/1042, arts. 5, 11)

64Parties to proceedings under this ChapterE+W

(1)Rules of court may make provision with respect to—

(a)the joinder as parties to proceedings under sections 37 to 56 of persons involved in allegations of improper conduct made in those proceedings,

(b)the dismissal from such proceedings of any parties so joined, and

(c)the persons who are to be parties to proceedings on an application under section 58.

(2)Rules of court made under this section may make different provision for different cases.

(3)In every case in which the court considers, in the interest of a person not already a party to the proceedings, that the person should be made a party, the court may if it thinks fit allow the person to intervene upon such terms, if any, as the court thinks just.

Commencement Information

I14S. 64 wholly in force at 5.12.2005; s. 64 not in force at Royal Assent see s. 263; s. 64(1)(2) in force at 15.4.2005 by S.I. 2005/1112, art. 2, Sch. 1; s. 64(3) in force at 5.12.2005 insofar as not already in force by S.I. 2005/3175, art. 2(1), Sch. 1

Chapter 3E+WProperty and financial arrangements

65Contribution by civil partner to property improvementE+W

(1)This section applies if—

(a)a civil partner contributes in money or money’s worth to the improvement of real or personal property in which or in the proceeds of sale of which either or both of the civil partners has or have a beneficial interest, and

(b)the contribution is of a substantial nature.

(2)The contributing partner is to be treated as having acquired by virtue of the contribution a share or an enlarged share (as the case may be) in the beneficial interest of such an extent—

(a)as may have been then agreed, or

(b)in default of such agreement, as may seem in all the circumstances just to any court before which the question of the existence or extent of the beneficial interest of either of the civil partners arises (whether in proceedings between them or in any other proceedings).

(3)Subsection (2) is subject to any agreement (express or implied) between the civil partners to the contrary.

Modifications etc. (not altering text)

66Disputes between civil partners about propertyE+W

(1)In any question between the civil partners in a civil partnership as to title to or possession of property, either civil partner may apply to—

(a)the High Court, or

[F86(b)the family court.]

(2)On such an application, the court may make such order with respect to the property as it thinks fit (including an order for the sale of the property).

F87(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F86S. 66(1)(b) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 165(2); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F87S. 66(3) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 165(3); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Commencement Information

I15S. 66 wholly in force at 5.12.2005; s. 66 not in force at Royal Assent see s. 263; s. 66(1)(b) in force at 15.4.2005 for certain purposes by S.I. 2005/1112, art. 2, Sch. 1 and otherwise 5.12.2005 insofar as not already in force by S.I. 2005/3175, art. 2(1), Sch. 1; s. 66(3) in force at 15.4.2005 by S.I. 2005/1112, art. 2, Sch. 1; s. 66(1)(a) in force at 5.12.2005 insofar as not already in force by S.I. 2005/3175, art. 2(1), Sch. 1; s. 66(2) in force at 5.12.2005 insofar as not already in force by S.I. 2005/3175, art. 2(1), Sch. 1

67Applications under section 66 where property not in possession etc.E+W

(1)The right of a civil partner (“A”) to make an application under section 66 includes the right to make such an application where A claims that the other civil partner (“B”) has had in his possession or under his control—

(a)money to which, or to a share of which, A was beneficially entitled, or

(b)property (other than money) to which, or to an interest in which, A was beneficially entitled,

and that either the money or other property has ceased to be in B’s possession or under B’s control or that A does not know whether it is still in B’s possession or under B’s control.

(2)For the purposes of subsection (1)(a) it does not matter whether A is beneficially entitled to the money or share—

(a)because it represents the proceeds of property to which, or to an interest in which, A was beneficially entitled, or

(b)for any other reason.

(3)Subsections (4) and (5) apply if, on such an application being made, the court is satisfied that B—

(a)has had in his possession or under his control money or other property as mentioned in subsection (1)(a) or (b), and

(b)has not made to A, in respect of that money or other property, such payment or disposition as would have been appropriate in the circumstances.

(4)The power of the court to make orders under section 66 includes power to order B to pay to A—

(a)in a case falling within subsection (1)(a), such sum in respect of the money to which the application relates, or A’s s share of it, as the court considers appropriate, or

(b)in a case falling within subsection (1)(b), such sum in respect of the value of the property to which the application relates, or A’s interest in it, as the court considers appropriate.

(5)If it appears to the court that there is any property which—

(a)represents the whole or part of the money or property, and

(b)is property in respect of which an order could (apart from this section) have been made under section 66,

the court may (either instead of or as well as making an order in accordance with subsection (4)) make any order which it could (apart from this section) have made under section 66.

(6)Any power of the court which is exercisable on an application under section 66 is exercisable in relation to an application made under that section as extended by this section.

68Applications under section 66 by former civil partnersE+W

(1)This section applies where a civil partnership has been dissolved or annulled.

(2)Subject to subsection (3), an application may be made under section 66 (including that section as extended by section 67) by either former civil partner despite the dissolution or annulment (and references in those sections to a civil partner are to be read accordingly).

(3)The application must be made within the period of 3 years beginning with the date of the dissolution or annulment.

69Actions in tort between civil partnersE+W

(1)This section applies if an action in tort is brought by one civil partner against the other during the subsistence of the civil partnership.

(2)The court may stay the proceedings if it appears—

(a)that no substantial benefit would accrue to either civil partner from the continuation of the proceedings, or

(b)that the question or questions in issue could more conveniently be disposed of on an application under section 66.

(3)Without prejudice to subsection (2)(b), the court may in such an action—

(a)exercise any power which could be exercised on an application under section 66, or

(b)give such directions as it thinks fit for the disposal under that section of any question arising in the proceedings.

70Assurance policy by civil partner for benefit of other civil partner etc.E+W

Section 11 of the Married Women’s Property Act 1882 (c. 75) (money payable under policy of assurance not to form part of the estate of the insured) applies in relation to a policy of assurance—

(a)effected by a civil partner on his own life, and

(b)expressed to be for the benefit of his civil partner, or of his children, or of his civil partner and children, or any of them,

as it applies in relation to a policy of assurance effected by a husband and expressed to be for the benefit of his wife, or of his children, or of his wife and children, or of any of them.

Prospective

[F8870AMoney and property derived from housekeeping allowanceE+W

Section 1 of the Matrimonial Property Act 1964 (money and property derived from housekeeping allowance to be treated as belonging to husband and wife in equal shares) applies in relation to—

(a)money derived from any allowance made by a civil partner for the expenses of the civil partnership home or for similar purposes, and

(b)any property acquired out of such money,

as it applies in relation to money derived from any allowance made by a husband or wife for the expenses of the matrimonial home or for similar purposes, and any property acquired out of such money.]

Textual Amendments

F88S. 70A inserted (prosp.) by Equality Act 2010 (c. 33), ss. 201, 216(3) (with ss. 6(4), 205)

71Wills, administration of estates and family provisionE+W

Schedule 4 amends enactments relating to wills, administration of estates and family provision so that they apply in relation to civil partnerships as they apply in relation to marriage.

72Financial relief for civil partners and children of familyE+W

(1)Schedule 5 makes provision for financial relief in connection with civil partnerships that corresponds to provision made for financial relief in connection with marriages by Part 2 of the Matrimonial Causes Act 1973 (c. 18).

(2)Any rule of law under which any provision of Part 2 of the 1973 Act is interpreted as applying to dissolution of a marriage on the ground of presumed death is to be treated as applying (with any necessary modifications) in relation to the corresponding provision of Schedule 5.

(3)Schedule 6 makes provision for financial relief in connection with civil partnerships that corresponds to provision made for financial relief in connection with marriages by the Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22).

(4)Schedule 7 makes provision for financial relief in England and Wales after a civil partnership has been dissolved or annulled, or civil partners have been legally separated, in a country outside the British Islands.

Chapter 4E+WCivil partnership agreements

73Civil partnership agreements unenforceableE+W

(1)A civil partnership agreement does not under the law of England and Wales have effect as a contract giving rise to legal rights.

(2)No action lies in England and Wales for breach of a civil partnership agreement, whatever the law applicable to the agreement.

(3)In this section and section 74 “civil partnership agreement” means an agreement between two people—

(a)to register as civil partners of each other—

(i)in England and Wales (under this Part),

(ii)in Scotland (under Part 3),

(iii)in Northern Ireland (under Part 4), or

(iv)outside the United Kingdom under an Order in Council made under Chapter 1 of Part 5 (registration at British consulates etc. or by armed forces personnel), or

(b)to enter into an overseas relationship.

(4)This section applies in relation to civil partnership agreements whether entered into before or after this section comes into force, but does not affect any action commenced before it comes into force.

74Property where civil partnership agreement is terminatedE+W

(1)This section applies if a civil partnership agreement is terminated.

(2)Section 65 (contributions by civil partner to property improvement) applies, in relation to any property in which either or both of the parties to the agreement had a beneficial interest while the agreement was in force, as it applies in relation to property in which a civil partner has a beneficial interest.

(3)Sections 66 and 67 (disputes between civil partners about property) apply to any dispute between or claim by one of the parties in relation to property in which either or both had a beneficial interest while the agreement was in force, as if the parties were civil partners of each other.

(4)An application made under section 66 or 67 by virtue of subsection (3) must be made within 3 years of the termination of the agreement.

(5)A party to a civil partnership agreement who makes a gift of property to the other party on the condition (express or implied) that it is to be returned if the agreement is terminated is not prevented from recovering the property merely because of his having terminated the agreement.

Chapter 5E+WChildren

75Parental responsibility, children of the family and relativesE+W

(1)Amend the Children Act 1989 (c. 41) (“the 1989 Act”) as follows.

(2)In section 4A(1) (acquisition of parental responsibility by step-parent) after “is married to” insert “ , or a civil partner of, ”.

(3)In section 105(1) (interpretation), for the definition of “child of the family” (in relation to the parties to a marriage) substitute—

child of the family”, in relation to parties to a marriage, or to two people who are civil partners of each other, means—

(a)a child of both of them, and

(b)any other child, other than a child placed with them as foster parents by a local authority or voluntary organisation, who has been treated by both of them as a child of their family.

(4)In the definition of “relative” in section 105(1), for “by affinity)” substitute “ by marriage or civil partnership) ”.

Commencement Information

I16S. 75 wholly in force at 5.12.2005; s. 75 not in force at Royal Assent see s. 263; s. 75(1)(3)(4) in force at 5.12.2005 by S.I. 2005/3175, art. 2(1) Sch. 1; s. 75(2) in force at 30.12.2005 by S.I. 2005/3175, art. 2(9), Sch. 1

76GuardianshipE+W

In section 6 of the 1989 Act (guardians: revocation and disclaimer) after subsection (3A) insert—

(3B)An appointment under section 5(3) or (4) (including one made in an unrevoked will or codicil) is revoked if the person appointed is the civil partner of the person who made the appointment and either—

(a)an order of a court of civil jurisdiction in England and Wales dissolves or annuls the civil partnership, or

(b)the civil partnership is dissolved or annulled and the dissolution or annulment is entitled to recognition in England and Wales by virtue of Chapter 3 of Part 5 of the Civil Partnership Act 2004,

unless a contrary intention appears by the appointment.

77Entitlement to apply for residence or contact orderE+W

In section 10(5) of the 1989 Act (persons entitled to apply for residence or contact order) after paragraph (a) insert—

(aa)any civil partner in a civil partnership (whether or not subsisting) in relation to whom the child is a child of the family;.

78Financial provision for childrenE+W

(1)Amend Schedule 1 to the 1989 Act (financial provision for children) as follows.

(2)In paragraph 2(6) (meaning of “periodical payments order”) after paragraph (d) insert—

(e)Part 1 or 9 of Schedule 5 to the Civil Partnership Act 2004 (financial relief in the High Court or a county court etc.);

(f)Schedule 6 to the 2004 Act (financial relief in the magistrates' courts etc.),.

(3)In paragraph 15(2) (person with whom a child lives or is to live) after “husband or wife” insert “ or civil partner ”.

(4)For paragraph 16(2) (extended meaning of “parent”) substitute—

(2)In this Schedule, except paragraphs 2 and 15, “parent” includes—

(a)any party to a marriage (whether or not subsisting) in relation to whom the child concerned is a child of the family, and

(b)any civil partner in a civil partnership (whether or not subsisting) in relation to whom the child concerned is a child of the family;

and for this purpose any reference to either parent or both parents shall be read as a reference to any parent of his and to all of his parents.

79AdoptionE+W

(1)Amend the Adoption and Children Act 2002 (c. 38) as follows.

(2)In section 21 (placement orders), in subsection (4)(c), after “child marries” insert “ , forms a civil partnership ”.

(3)In section 47 (conditions for making adoption orders), after subsection (8) insert—

(8A)An adoption order may not be made in relation to a person who is or has been a civil partner.

(4)In section 51 (adoption by one person), in subsection (1), after “is not married” insert “ or a civil partner ”.

(5)After section 51(3) insert—

(3A)An adoption order may be made on the application of one person who has attained the age of 21 years and is a civil partner if the court is satisfied that—

(a)the person’s civil partner cannot be found,

(b)the civil partners have separated and are living apart, and the separation is likely to be permanent, or

(c)the person’s civil partner is by reason of ill-health, whether physical or mental, incapable of making an application for an adoption order.

(6)In section 64 (other provision to be made by regulations), in subsection (5) for “or marriage” substitute “ , marriage or civil partnership ”.

(7)In section 74(1) (enactments for whose purposes section 67 does not apply), for paragraph (a) substitute—

(a)section 1 of and Schedule 1 to the Marriage Act 1949 or Schedule 1 to the Civil Partnership Act 2004 (prohibited degrees of kindred and affinity),.

(8)In section 79 (connections between the register and birth records), in subsection (7)—

(a)in paragraph (b), after “intends to be married” insert “ or form a civil partnership ”, and

(b)for “the person whom the applicant intends to marry” substitute “ the intended spouse or civil partner ”.

(9)In section 81 (Adoption Contact Register: supplementary), in subsection (2) for “or marriage” substitute “ , marriage or civil partnership ”.

(10)In section 98 (pre-commencement adoptions: information), in subsection (7), in the definition of “relative” for “or marriage” substitute “ , marriage or civil partnership ”.

(11)In section 144 (interpretation), in the definition of “relative” in subsection (1), after “by marriage” insert “ or civil partnership ”.

(12)In section 144(4) (meaning of “couple”), after paragraph (a) insert—

(aa)two people who are civil partners of each other, or.

Chapter 6E+WMiscellaneous

80False statements etc. with reference to civil partnershipsE+W

(1)A person commits an offence if—

(a)for the purpose of procuring the formation of a civil partnership, or a document mentioned in subsection (2), he—

(i)makes or signs a declaration required under this Part or Part 5, or

(ii)gives a notice or certificate so required,

knowing that the declaration, notice or certificate is false,

(b)for the purpose of a record being made in any register relating to civil partnerships, he—

(i)makes a statement as to any information which is required to be registered under this Part or Part 5, or

(ii)causes such a statement to be made,

knowing that the statement is false,

(c)he forbids the issue of a document mentioned in subsection (2)(a) or (b) by representing himself to be a person whose consent to a civil partnership between a child and another person is required under this Part or Part 5, knowing the representation to be false, or

(d)with respect to a declaration made under paragraph 5(1) of Schedule 1 he makes a statement mentioned in paragraph 6 of that Schedule which he knows to be false in a material particular.

(2)The documents are—

(a)a civil partnership schedule or a Registrar General’s licence under Chapter 1;

(b)a document required by an Order in Council under section 210 or 211 as an authority for two people to register as civil partners of each other;

(c)a certificate of no impediment under section 240.

(3)A person guilty of an offence under subsection (1) is liable—

(a)on conviction on indictment, to imprisonment for a term not exceeding 7 years or to a fine (or both);

(b)on summary conviction, to a fine not exceeding the statutory maximum.

(4)The Perjury Act 1911 (c. 6) has effect as if this section were contained in it.

81Housing and tenanciesE+W

Schedule 8 amends certain enactments relating to housing and tenancies.

82Family homes and domestic violenceE+W

Schedule 9 amends Part 4 of the Family Law Act 1996 (c. 27) and related enactments so that they apply in relation to civil partnerships as they apply in relation to marriages.

83Fatal accidents claimsE+W

(1)Amend the Fatal Accidents Act 1976 (c. 30) as follows.

(2)In section 1(3) (meaning of “dependant” for purposes of right of action for wrongful act causing death), after paragraph (a) insert—

(aa)the civil partner or former civil partner of the deceased;.

(3)In paragraph (b)(iii) of section 1(3), after “wife” insert “ or civil partner ”.

(4)After paragraph (f) of section 1(3) insert—

(fa)any person (not being a child of the deceased) who, in the case of any civil partnership in which the deceased was at any time a civil partner, was treated by the deceased as a child of the family in relation to that civil partnership;.

(5)After section 1(4) insert—

(4A)The reference to the former civil partner of the deceased in subsection (3)(aa) above includes a reference to a person whose civil partnership with the deceased has been annulled as well as a person whose civil partnership with the deceased has been dissolved.

(6)In section 1(5)(a), for “by affinity” substitute “ by marriage or civil partnership ”.

(7)In section 1A(2) (persons for whose benefit claim for bereavement damages may be made)—

(a)in paragraph (a), after “wife or husband” insert “ or civil partner ”, and

(b)in paragraph (b), after “was never married” insert “ or a civil partner ”.

(8)In section 3 (assessment of damages), in subsection (4), after “wife” insert “ or civil partner ”.

84EvidenceE+W

(1)Any enactment or rule of law relating to the giving of evidence by a spouse applies in relation to a civil partner as it applies in relation to the spouse.

(2)Subsection (1) is subject to any specific amendment made by or under this Act which relates to the giving of evidence by a civil partner.

(3)For the avoidance of doubt, in any such amendment, references to a person’s civil partner do not include a former civil partner.

(4)References in subsections (1) and (2) to giving evidence are to giving evidence in any way (whether by supplying information, making discovery, producing documents or otherwise).

(5)Any rule of law—

(a)which is preserved by section 7(3) of the Civil Evidence Act 1995 (c. 38) or section 118(1) of the Criminal Justice Act 2003 (c. 44), and

(b)under which in any proceedings evidence of reputation or family tradition is admissible for the purpose of proving or disproving the existence of a marriage,

is to be treated as applying in an equivalent way for the purpose of proving or disproving the existence of a civil partnership.

Part 3 SCivil partnership: Scotland

Chapter 1SFormation and eligibility

85Formation of civil partnership by registrationS

(1)For the purposes of section 1, two people are to be regarded as having registered as civil partners of each other once each of them has signed the civil partnership schedule, in the presence of—

(a)each other,

(b)two witnesses both of whom have attained the age of 16, and

[F89(c)the approved celebrant or, as the case may be, the authorised registrar.]

(2)But the two people must be eligible to be so registered.

(3)Subsection (1) applies regardless of whether subsection (4) is complied with.

(4)After the civil partnership schedule has been signed under subsection (1), it must also be signed, in the presence of the civil partners and each other by—

(a)each of the two witnesses, and

(b)[F90the approved celebrant or, as the case may be,] the authorised registrar.

Textual Amendments

F89S. 85(1)(c) substituted for s. 85(1)(c) and words (16.12.2014) by Marriage and Civil Partnership (Scotland) Act 2014 (asp 5), ss. 24(2)(a), 36; S.S.I. 2014/287, art. 3, sch.

86EligibilityS

(1)Two people are not eligible to register in Scotland as civil partners of each other if—

(a)they are not of the same sex,

(b)they are related in a forbidden degree,

(c)either has not attained the age of 16,

(d)either is married or already in civil partnership, or

(e)either is incapable of—

(i)understanding the nature of civil partnership, or

(ii)validly consenting to its formation.

[F91(2)Subject to subsection (3), a person is related to another person in a forbidden degree if related to that person in a degree specified in Schedule 10.]

(3)[F92A person who is related to another person in a degree specified in paragraph 2 of Schedule 10 (relationships by affinity) is not related to that person] in a forbidden degree if—

(a)both persons have attained the age of 21, and

(b)the younger has not at any time before attaining the age of 18 lived in the same household as the elder and been treated by the elder as a child of the elder’s family.

[F93(3A)For the purposes of paragraph 2 of Schedule 10, “spouse” means—

(a)in the case of a marriage between persons of different sexes, a wife in relation to her husband or a husband in relation to his wife, and

(b)in the case of a marriage between persons of the same sex, one of the parties to the marriage in relation to the other.]

[F94(4)Paragraph 2 of Schedule 10 has effect subject to the modifications specified in subsection (5) in the case of a person (here the “relevant person”) whose gender has become the acquired gender under the Gender Recognition Act 2004 (c. 7).

(5)The reference in [F95subsection (3A)(a) as it applies to] that paragraph to—

(a)a F96... wife of the relevant person includes any F96... husband of the relevant person, and

(b)a F96... husband of the relevant person includes any F96... wife of the relevant person.]

[F97(5A)This section and Schedule 10 have effect as if any reference in that Schedule to a [F98parent] within any of the degrees of relationship specified F99... included a woman who is a parent of a child by virtue of section 42 or 43 of the Human Fertilisation and Embryology Act 2008 (c. 22).]

(6)F100. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)F101. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8)References in this section and in Schedule 10 to relationships and degrees of relationship are to be construed in accordance with section 1(1) of the Law Reform (Parent and Child) (Scotland) Act 1986 (c. 9).

(9)For the purposes of this section, a degree of relationship specified in paragraph 1 of Schedule 10 exists whether it is of the full blood or the half blood.

(10)Amend section 41(1) of the Adoption (Scotland) Act 1978 (c. 28) (application to determination of forbidden degrees of provisions of that Act relating to the status conferred by adoption) as follows—

(a)after first “marriage” insert “ , to the eligibility of persons to register as civil partners of each other ”, and

(b)for “and incest” substitute “ , to such eligibility and to incest ”.

Textual Amendments

F94S. 86(4)(5) substituted (4.5.2006) by Family Law (Scotland) Act 2006 (asp 2), ss. 33, 46(2), { Sch. 1 para. 2(b)}; S.S.I. 2006/212, art. 2 (subject to art. 3-13)

F100S. 86(6) repealed (4.5.2006) by Family Law (Scotland) Act 2006 (asp 2), ss. 33, 46(2), { Sch. 3}; S.S.I. 2006/212, art. 2 (subject to art. 3-13)

F101S. 86(7) repealed (4.5.2006) by Family Law (Scotland) Act 2006 (asp 2), ss. 33, 46(2), { Sch. 3}; S.S.I. 2006/212, art. 2 (subject to art. 3-13)

Chapter 2SRegistration

87Appointment of authorised registrarsS

For the purpose of affording reasonable facilities throughout Scotland for [F102civil] registration as civil partners, the Registrar General—

(a)is to appoint such number of district registrars as he thinks necessary, and

(b)may, in respect of any district for which he has made an appointment under paragraph (a), appoint one or more assistant registrars,

as persons who may carry out such registration (in this Part referred to as “authorised registrars”).

Textual Amendments

88Notice of proposed civil partnershipS

(1)In order to register as civil partners, each of the intended civil partners must submit to the district registrar a notice, in the prescribed form F103. . . , of intention to enter civil partnership (in this Part referred to as a “notice of proposed civil partnership”).

(2)[F104Each of the intended civil partners must also pay the prescribed fee and submit the following documents—

(a)that person's birth certificate,]

(b)if that person has previously been married or in civil partnership and—

(i)the marriage or civil partnership has been dissolved, a copy of the decree of divorce or dissolution, or

(ii)the other party to that marriage or civil partnership has died, the death certificate of that other party, and

(c)if that person has previously ostensibly been married or in civil partnership but decree of annulment has been obtained, a copy of that decree.

(3)If a person is unable to submit a certificate or decree required by subsection (2) he may instead make a declaration to that effect, stating what the reasons are; and he must provide the district registrar with such—

(a)information in respect of the matters to which the certificate or document would have related, and

(b)documentary evidence in support of that information,

as the district registrar may require.

(4)If a document submitted under subsection (2) or (3) is in a language other than English, the person submitting it must[F105, unless subsection (4A) applies,] attach to the document a translation of it in English, certified by the translator as a correct translation.

[F106(4A)This subsection applies where—

(a)the document submitted is accompanied by a multilingual standard form issued by an authority in a Member State of the European Union in accordance with Regulation (EU) 2016/1191 of the European Parliament and of the Council, and

(b)the district registrar considers that the information included in the multilingual standard form is sufficient for processing the document.]

(5)A person submitting a notice under subsection (1) must make and [F107attest in the prescribed manner] the necessary declaration (the form for which must be included in any form prescribed for the notice).

[F108(5A)Regulations prescribing the form of the notice of proposed civil partnership may make provision for the notice to be electronic rather than paper-based.]

(6)The necessary declaration is a declaration that the person submitting the notice believes that the intended civil partners are eligible to be in civil partnership with each other.

[F109(7)In this section, “the district registrar” means—

(a)where the civil partnership is to be registered in a registration district, the district registrar for that district,

(b)where the civil partnership is to be registered in Scottish waters—

(i)in the case where the civil partnership is to be registered by an approved celebrant, the district registrar for any registration district,

(ii)in the case where the civil partnership is to be registered by an authorised registrar, the district registrar for the registration district of the proposed authorised registrar.]

[F110(8)A district registrar to whom a notice under subsection (1) is submitted may require the person submitting the notice to provide the district registrar with specified nationality evidence relating to each of the intended civil partners.

(9)A requirement under subsection (8) may be imposed at any time—

(a)on or after the submitting of the notice under subsection (1), but

(b)before the district registrar completes the civil partnership schedule.

(10)In subsection (8), “specified nationality evidence” means such evidence of that person's nationality as may be specified in guidance issued by the Registrar General.]

Textual Amendments

F103Words in s. 88(1) omitted (1.10.2006 for certain purposes and otherwise 1.1.2007) by virtue of Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. {52(2)(a)}, 63(2); S.S.I. 2006/469, arts. 2, 3, Schs. 1, 2

F104Words in s. 88(2) substituted (1.10.2006 for certain purposes and otherwise 1.1.2007) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 52(2)(b), 63(2); S.S.I. 2006/469, arts. 2, 3, Schs. 1, 2

F107Words in s. 88(5) substituted (1.10.2006 for certain purposes and otherwise 1.1.2007) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 52(2)(c), 63(2); S.S.I. 2006/469, arts. 2, 3, Schs. 1, 2

F110S. 88(8)-(10) inserted (1.9.2014) by Marriage and Civil Partnership (Scotland) Act 2014 (asp 5), ss. 25, 36; S.S.I. 2014/212, art. 2, sch. (as amended (1.9.2014) by S.S.I. 2014/218, art. 2(3), sch.)

Commencement Information

I17S. 88 wholly in force at 5.12.2005; s. 88 not in force at Royal Assent see s. 263; s. 88(1)(5) in force at 14.9.2005 for certain purposes by S.S.I. 2005/428, art. 2, Sch. and otherwise 5.12.2005 insofar as not already in force by S.S.I. 2005/604, art. 2(b); s. 88(2)-(4)(6) in force at 5.12.2005 insofar as not already in force by S.S.I. 2005/604, art. 2(b)

[F11188A.Additional information if party not relevant nationalS

(1)This section applies to a notice of proposed civil partnership submitted to a district registrar in accordance with section 88 if one, or each, of the parties to the proposed civil partnership is not a relevant national.

(2)For each party to the proposed civil partnership who is not a relevant national, the notice must be accompanied by whichever of statements A, B or C is applicable to that person.

(3)Statement A is a statement that the person has the appropriate immigration status.

(4)Statement B is a statement that the person holds a relevant visa in respect of the proposed civil partnership.

(5)Statement C is a statement that the person neither—

(a)has the appropriate immigration status, nor

(b)holds a relevant visa in respect of the proposed civil partnership.

(6)If the notice is accompanied by the statement referred to in the first column of an entry in this table, the notice must also be accompanied by the information and photographs referred to in the second column of that entry (insofar as that entry is applicable to the parties to the proposed civil partnership)—

If the notice is accompanied by this statement.......the notice must also be accompanied by....
Statement A (in respect of one or both of the parties to the proposed civil partnership)For each party in respect of whom statement A is made, details of the particular immigration status which that party has
Statement B (in respect of one or both of the parties to the proposed civil partnership)

1. For each party, a specified photograph of that party

2. For each party in respect of whom statement B is made, details of the relevant visa which that party has

Statement C (in respect of one or both of the parties to the proposed civil partnership)

1. For each party, a specified photograph of that party

2. For each party, the usual address of that party

3. For each party who has previously used any name or names other than the person’s name stated in the civil partnership notice, a statement of the other name or names

4. For each party who currently uses, or has previously used, an alias or aliases, a statement of the alias or aliases.

(7)If the notice is accompanied by more than one of statements A, B and C, subsection (6) must be complied with in relation to each of those statements; but where the notice is accompanied by statements B and C, subsection (6) does not require the notice to be accompanied by more than one specified photograph of each party.

(8)If the notice is accompanied by statement C for a party to the proposed civil partnership—

(a)the notice may also be accompanied by a statement (“statement D”) of that person’s immigration position in the United Kingdom;

(b)if the notice is accompanied by statement D for a party to the proposed civil partnership, the person may provide the district registrar with details of his immigration position in the United Kingdom; and

(c)if any such details are provided, the district registrar must record them.

(9)In this section and section 88B—

(a)a reference—

(i)to a person having the appropriate immigration status, or

(ii)to a person holding a relevant visa,

is to be construed in accordance with section 49 of the 2014 Act;

(b)a reference to the particular immigration status which a person has is a reference to the immigration status set out in any of paragraphs (a) to (c) of section 49(2) of that Act which the person has;

(c)a reference to a person’s immigration position in the United Kingdom includes a reference to the person’s not being entitled to be in the United Kingdom.

(10)In this section “specified photograph” means a photograph that is in accordance with regulations made by the Secretary of State under section 54(2) of, and paragraph 3 of Schedule 5 to, the 2014 Act (and for this purpose “photograph” includes other kinds of images).

88B.Additional evidence if party not relevant nationalS

(1)If a notice of proposed civil partnership to which section 88A applies (“the notice”) is accompanied by statement A (referred to in section 88A(3)), and accordingly is also accompanied by details of the particular immigration status which a party to the proposed civil partnership has, the notice must also be accompanied by specified evidence of that status.

(2)If the notice is accompanied by statement B (referred to in section 88A(4)), the notice must also be accompanied by specified evidence of the holding of the relevant visa by the party to the proposed civil partnership.

(3)If, in accordance with section 88A(6), the notice is accompanied by the usual address of a party to the proposed civil partnership, the notice must also be accompanied by specified evidence that it is that party’s usual address.

(4)If the notice is accompanied by statement D (referred to in section 88A(8)), the notice may also be accompanied by evidence of the person’s immigration position in the United Kingdom.

(5)If subsection (1) or (2) applies to the notice, and the notice is not accompanied by the specified evidence required by that subsection, the notice must be accompanied by—

(a)photographs and addresses of the kinds referred to in paragraphs 1 and 2 in the relevant entry in section 88A(6);

(b)as respects the usual address of each party that is provided in accordance with sub-paragraph (a), specified evidence that the address provided is that party’s usual address; and

(c)names and aliases of the kinds referred to in paragraphs 3 and 4 in the relevant entry in section 88A(6) (insofar as those paragraphs are applicable to the proposed civil partnership).

(6)In this section—

  • “relevant entry in section 88A(6)” means the second column of the last entry in the table in section 88A(6);

  • “specified evidence” means evidence that is in accordance with regulations made by the Secretary of State under section 54(2) of, and paragraph 3 of Schedule 5 to, the 2014 Act.

88C.Declaration to accompany information and evidenceS

Where the notice of proposed civil partnership is accompanied by—

(a)information provided in accordance with section 88A, and

(b)information and evidence provided in accordance with section 88B,

that information and evidence must also be accompanied by a declaration in writing and signed by the party who makes it that the party believes all of the information and evidence accompanying the notice to be true.

88D.Rejection of false information or evidenceS

(1)A district registrar may reject—

(a)any evidence relating to a party’s nationality provided in accordance with section 88(8),

(b)any information or photograph provided under section 88A or 88B, or

(c)any evidence provided under section 88B,

if (in particular) the district registrar has reasonable grounds for suspecting that the information, photograph or evidence is false.

(2)If the district registrar rejects any information, photograph or evidence, the district registrar may proceed under this Act as if the rejected information, photograph or evidence had not been provided.

(3)This section does not limit the powers of the district registrar to reject anything provided under any other enactment.

(4)In this section “enactment” includes an enactment comprised in, or an instrument made under, an Act of the Scottish Parliament.

88E.Notice of proposed civil partnership: treated as not givenS

(1)Where any of the requirements imposed by or under any of the provisions of this Act mentioned in subsection (2) is applicable but not complied with by either or both parties to the proposed civil partnership, the parties are to be taken not to have submitted notice under section 88.

(2)The provisions are—

(a)section 88(8);

(b)section 88A(2) to (7);

(c)section 88B(3) or (5);

(d)paragraph 9 of Schedule 23.

88F.Referral of proposed civil partnership to the Secretary of StateS

(1)On every occasion when notice of proposed civil partnership is submitted under section 88, a district registrar must decide whether or not each of the parties to the proposed civil partnership is an exempt person.

(2)But this section does not apply if section 96 applies to the proposed civil partnership.

(3)In making a decision under subsection (1) about a party to a proposed civil partnership, a district registrar may rely on any advice given in relation to that decision by the Secretary of State.

(4)In a case where—

(a)section 88A applies to the notice of proposed civil partnership, and

(b)specified evidence required by section 88B(1) or (2) in relation to a party to the proposed civil partnership is not produced in accordance with that section,

the district registrar must decide that that party to the proposed civil partnership is not an exempt person.

(5)If the district registrar decides that either of the parties is not an exempt person, or that both of the parties are not exempt persons, the registrar must—

(a)refer the proposed civil partnership to the Secretary of State;

(b)notify the parties to the proposed civil partnership that the proposed civil partnership must be referred to the Secretary of State;

(c)give the parties to the proposed civil partnership prescribed information about—

(i)the effects of the referral;

(ii)the requirement under regulations to notify the Secretary of State of changes of address.

(6)The district registrar must act in accordance with regulations when complying with the duty in subsection (5)(a) to refer a proposed civil partnership to the Secretary of State.

(7)If the district registrar refers the proposed civil partnership to the Secretary of State, this Act has effect in relation to the proposed civil partnership subject to the modifications in Schedule 10A.

(8)In this section—

(a)a reference to a person being an exempt person has the same meaning as in section 49 of the 2014 Act;

(b)“prescribed information” means information prescribed in regulations;

(c)“regulations” means regulations made by the Secretary of State under section 54(2) of, and Schedule 5 to, the 2014 Act.]

89Civil partnership notice bookS

(1)On receipt of a notice of proposed civil partnership, the district registrar is to enter in a book (to be known as “the civil partnership book”) supplied to him for that purpose by the Registrar General such particulars, extracted from the notice, as may be prescribed and the date of receipt by him of that notice.

(2)The form and content of any page of that book is to be prescribed.

[F112(3)In this section and sections 90, 91, 92 and 94, “the district registrar” means—

(a)where the civil partnership is to be registered in a registration district, the district registrar for that district,

(b)where the civil partnership is to be registered in Scottish waters—

(i)in the case where the civil partnership is to be registered by an approved celebrant, the district registrar to whom the civil partnership notices were submitted,

(ii)in the case where the civil partnership is to be registered by an authorised registrar, the district registrar for the registration district of the proposed authorised registrar.]

[F113(4)Subsection (1) is subject to section 88E.]

Textual Amendments

Commencement Information

I18S. 89 wholly in force at 5.12.2005; s. 89 not in force at Royal Assent see s. 263; s. 89(1) in force at 14.9.2005 for certain purposes by S.S.I. 2005/428, art. 2, Sch. and otherwise 5.12.2005 insofar as not already in force by S.S.I. 2005/604, art. 2(b); s. 89(2) in force at 14.9.2005 by S.S.I. 2005/428, art. 2, Sch.

90PublicisationS

(1)Where notices of a proposed civil partnership are [F114received by] [F115the district registrar] , he must, as soon as practicable after [F116such receipt](or, if the two documents are not [F117received] on the same day, after [F118the first is received]), publicise the relevant information and send it to the Registrar General who must also publicise it.

(2)The relevant information” means—

(a)the names of the intended civil partners, and

(b)the date on which it is intended to register them as civil partners of each other, being a date more than [F11928 days] after publicisation by the district registrar under subsection (1).

(3)Paragraph (b) of subsection (2) is subject to section [F12091(1)] .

(4)The manner in which and means by which relevant information is to be publicised are to be prescribed.

Textual Amendments

Commencement Information

I19S. 90 wholly in force at 5.12.2005; s. 90 not in force at Royal Assent see s. 263; s. 90(4) in force at 14.9.2005 by S.S.I. 2005/428, art. 2, Sch.; s. 90(1)-(3) in force at 5.12.2005 by S.S.I. 2005/604, art. 2(b)

91Early registrationS

[F121(1)] [F122Where the district registrar] receives a request in writing from one or both of two intended civil partners that they should be registered as civil partners of each other on a date specified in the request (being a date [F12328 days] or fewer after publicisation by the district registrar under subsection (1) of section 90) [F124the district registrar] may, provided that he is authorised to do so by the Registrar General, fix that date as the date for registration; and if a date is so fixed, paragraph (b) of subsection (2) of that section is to be construed as if it were a reference to that date.

[F125(1A)Unless subsection (1B) applies, if a proposed civil partnership is referred to the Secretary of State under section 88F (“the referred civil partnership”) the Registrar General may not authorise the district registrar to fix the specified date mentioned in subsection (1) as the date for registration of the referred civil partnership without the consent of the Secretary of State.

(1B)This subsection applies if the request made under subsection (1) is made because a party to the referred civil partnership is gravely ill and not expected to recover.]

[F126(2)For the purposes of subsection (1), a request which is made by electronic means is to be treated as in writing if it is received in a form which is legible and capable of being used for subsequent reference.]

92Objections to registrationS

(1)Any person may at any time before the registration in Scotland of two people as civil partners of each other submit in writing an objection to such registration to the district registrar.

[F127(1A)For the purpose of subsection (1), an objection which is submitted to the registrar by electronic means is to be treated as in writing if it is received in a form which is legible and capable of being used for subsequent reference.]

(2)But where the objection is that the intended civil partners are not eligible to be in civil partnership with each other because either is incapable of—

(a)understanding the nature of civil partnership, or

(b)validly consenting to its formation,

it shall [F128not be treated as submitted until there has also been produced to the registrar] a supporting certificate [F129attested in the prescribed manner] by a registered medical practitioner.

(3)A person claiming that he may have reason to submit such an objection may, free of charge and at any time when the registration office [F130of the district registrar] is open for public business, inspect any relevant entry in the civil partnership book.

(4)Where the district registrar receives an objection in accordance with subsection (1) he must—

(a)in any case where he is satisfied that the objection relates to no more than a misdescription or inaccuracy in a notice submitted under section 88(1)—

(i)notify the intended civil partners of the nature of the objection and make such enquiries into the matter mentioned in it as he thinks fit, and

(ii)subject to the approval of the Registrar General, make any necessary correction to any document relating to the proposed civil partnership, or

(b)in any other case—

(i)at once notify the Registrar General of the objection, F131...

(ii)pending consideration of the objection by the Registrar General, suspend the completion or issue of the civil partnership schedule in respect of the proposed civil partnership[F132, and

(iii)where, in the case of a civil partnership to be registered by an approved celebrant, the civil partnership schedule has already been issued to the parties, if possible notify that celebrant of the objection and advise the celebrant not to register the civil partnership pending consideration of the objection.]

(5)If the Registrar General is satisfied, on consideration of an objection of which he has received notification under subsection (4)(b)(i) that—

(a)there is a legal impediment to registration, he must direct the district registrar [F133to take all reasonable steps to ensure that the registration of the civil partnership does not take place and must notify, or direct the district registrar to notify, the intended civil partners] accordingly, or

(b)there is no such impediment, he must inform the district registrar to that effect.

(6)For the purposes of this section and section 94, there is a legal impediment to registration where the intended civil partners are not eligible to be in civil partnership with each other.

93[F134Place of civil registration of civil partnerships]S

(1)Two people may be registered [F135by an authorised registrar] as civil partners of each [F136other—

(a)at the registration office of the authorised registrar,

(b)at an appropriate place in the registration district of the authorised registrar, or

(c)with the approval of the Registrar General, at—

(i)the registration office of another authorised registrar,

(ii)an appropriate place in the registration district of another authorised registrar, or

(iii)an appropriate place in Scottish waters.]

[F137(1A)In this section—

  • appropriate place” means a place which—

    (a)

    the parties to the intended civil partnership and the local registration authority agree is to be the place of registration, and

    (b)

    is not religious premises,

  • local registration authority” means—

    (a)

    the local registration authority for the registration district which includes the place, or

    (b)

    where the place is in Scottish waters, the local registration authority for the authorised registrar's registration district,

  • religious premises” means premises which—

    (a)

    are used solely or mainly for religious purposes, or

    (b)

    have been so used and have not subsequently been used solely or mainly for other purposes.]

F138(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F138(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)Local registration authority” has the meaning given by section 5(3) of the 1965 Act.

[F139(5)Scottish Waters” has the meaning given by section 26(2) of the Marriage (Scotland) Act 1977 (c. 15).]

[F14093ADate and place of registration of religious or belief civil partnershipsS

(1)A religious or belief civil partnership may be registered only on the date and at the place specified in the civil partnership schedule.

(2)But if, for any reason, the civil partnership cannot be registered on that date or at that place and a new date or place is fixed for the registration, the district registrar must—

(a)issue another civil partnership schedule under section 94(2) in place of that already issued, specifying the new date or place, or

(b)substitute, or direct the approved celebrant to substitute, the new date or place in the civil partnership schedule already issued.

(3)Subsection (2) does not apply where—

(a)the new date is more than 3 months after the date for the registration specified in the civil partnership schedule already issued, or

(b)the new place is in a different registration district, is in Scottish waters instead of a registration district or is in a registration district instead of Scottish waters.

(4)In a case falling within subsection (3)(a) or (b) the Registrar General may, according to the circumstances—

(a)direct the district registrar—

(i)to issue another civil partnership schedule under section 94(2) in place of that already issued, specifying the new date or place, or

(ii)to substitute, or direct the approved celebrant to substitute, the new date or place in the civil partnership schedule already issued,

(whichever the Registrar General considers the more appropriate), or

(b)direct each party to the civil partnership to submit to the district registrar a new notice of proposed civil partnership.]

94The civil partnership scheduleS

[F141(1)] Where—

(a)the district registrar has received a notice of proposed civil partnership in respect of each of the intended civil partners and—

(i)is satisfied that there is no legal impediment to their registration as civil partners of each other, or

(ii)as the case may be, is informed under section 92(5)(b) that there is no such impediment,

(b)the [F14228 days] mentioned in paragraph (b) of section 90(2) have expired (or as the case may be the date which, by virtue of section [F14391(1)], that paragraph is to be construed as a reference to has been reached), and

(c)the period which has elapsed since the day of receipt of the notices by him (or, if the two notices were not received on the same day, since the day of receipt of the later) does not exceed 3 months,

he is to complete a civil partnership schedule in the prescribed form.

[F144(2)In the case of a civil partnership to be registered by an approved celebrant, the civil partnership schedule completed in accordance with subsection (1) is to be issued by the district registrar to one or both of the parties to the intended civil partnership.

(3)The district registrar may not issue the civil partnership schedule on a date earlier than 7 days before the date of the intended civil partnership unless authorised to do so by the Registrar General.]

Textual Amendments

Commencement Information

I20S. 94 wholly in force at 5.12.2005; s. 94 not in force at Royal Assent see s. 263; s. 94 in force at 14.9.2005 for certain purposes by S.S.I. 2005/428, art. 2, Sch. and otherwise 5.12.2005 insofar as not already in force by S.S.I. 2005/604, art. 2(b)

[F14594A.Notice of proposed civil partnership: false information or evidenceS

(1)A district registrar may refuse to complete a civil partnership schedule under section 94 in a case where—

(a)a civil partnership notice has been submitted under section 88(1), and

(b)the district registrar has reasonable grounds for suspecting that a relevant decision was made incorrectly because of the provision of false information or evidence in or accompanying that notice.

(2)If the district registrar refuses to complete a civil partnership schedule under subsection (1), the parties to the proposed civil partnership are to be taken not to have submitted a notice of proposed civil partnership under section 88; but that does not prevent criminal proceedings from being brought against either party, or any other person, in relation to the submission of notice.

(3)This section is without prejudice to any other powers of district registrars to refuse to complete a civil partnership schedule.

(4)In this section—

  • “evidence” includes a photograph or other image;

  • “exempt person” has the same meaning as in section 88F;

  • “relevant decision” means a decision of a district registrar that a party to the proposed civil partnership is an exempt person.]

[F14694APersons who may register civil partnershipsS

(1)A civil partnership may be registered by and only by—

(a)a person who is—

(i)a celebrant of a religious or belief body prescribed by regulations made by the Scottish Ministers, or who, not being a celebrant, is recognised by a religious or belief body so prescribed as entitled to register civil partnerships on its behalf,

(ii)registered under section 94B, or

(iii)temporarily authorised under section 94E, or

(b)a person who is a district registrar or assistant registrar appointed under section 87.

(2)The Scottish Ministers may prescribe a religious or belief body under subsection (1)(a)(i) only if—

(a)the body requests them to do so, and

(b)the Scottish Ministers are satisfied that the body meets the qualifying requirements.

(3)For the avoidance of doubt, nothing in subsection (1)(a) or (2)(a)—

(a)imposes a duty on any religious or belief body to make a request referred to in subsection (2)(a),

(b)imposes a duty on any such body to nominate under section 94B any of its members to be registered as empowered to register civil partnerships,

(c)imposes a duty on any person to apply for temporary authorisation under section 94E to register civil partnerships,

(d)imposes a duty on any person who is an approved celebrant in relation to civil partnerships to register civil partnerships.

(4)In this Part—

(a)any such person as is mentioned in subsection (1)(a) is referred to as an “approved celebrant”,

(b)a civil partnership registered by an approved celebrant is referred to as a “religious or belief civil partnership”,

(c)a civil partnership registered by an authorised registrar is referred to as a “civil registration”.

(5)In subsection (2)(b), the “qualifying requirements” are such requirements as may be set out in regulations made by the Scottish Ministers.

Textual Amendments

F146Ss. 94A-94E inserted (S.) (1.9.2014 for specified purposes, 16.12.2014 for specified purposes) by Marriage and Civil Partnership (Scotland) Act 2014 (asp 5), ss. 24(13), 36; S.S.I. 2014/212, art. 2, sch. (as amended (1.9.2014) by S.S.I. 2014/218, art. 2(3), sch.); S.S.I. 2014/287, art. 3, sch.

94BRegistration of nominated persons as celebrantsS

(1)A religious or belief body, not being prescribed by virtue of section 94A(1)(a)(i), may nominate to the Registrar General any of its members who it desires should be registered under this section as empowered to register civil partnerships.

(2)The Registrar General must reject a nomination under subsection (1) if in the Registrar General's opinion—

(a)the nominating body is not a religious or belief body,

(b)the nominee is not a fit and proper person to register a civil partnership,

(c)there are already registered under this section sufficient members of the same body as the nominee to meet the needs of that body, or

(d)the nominating body does not meet the qualifying requirements.

(3)In subsection (2)(d), the “qualifying requirements” are such requirements as may be set out in regulations made by the Scottish Ministers.

(4)Where the Registrar General accepts a nomination made under subsection (1), the Registrar General—

(a)must determine the period during which the nominee is empowered to register civil partnerships, being a period of not more than 3 years,

(b)may determine that the nominee is empowered to register civil partnerships only in such area or place as the Registrar General may specify, and

(c)may make acceptance of the nominee's registration subject to such other conditions as the Registrar General thinks fit.

(5)Nothing in subsection (4)(a) prevents the Registrar General from accepting a further nomination of that nominee, in accordance with this section, to take effect at any time after the end of the period determined by the Registrar General under subsection (4)(a).

(6)The Registrar General must—

(a)if accepting a nomination made under subsection (1)—

(i)so inform the nominee and the nominating body, specifying the period during which the acceptance has effect and any condition to which the acceptance is subject,

(ii)enter the name of the nominee, the nominating body and such other particulars as the Registrar General thinks fit in a register which the Registrar General must establish and maintain and which must be made available for public inspection at all reasonable times free of charge,

(b)if rejecting a nomination made under subsection (1), by notice in writing inform the nominating body of the reasons for that rejection.

(7)For the purposes of subsection (6)(b), notice which is given by electronic means is to be treated as in writing if it is received in a form which is legible and capable of being used for subsequent reference.

(8)If the nominating body is aggrieved by a rejection under this section it may, within 28 days of receiving notice of the rejection, appeal to the Scottish Ministers.

(9)On any such appeal the Scottish Ministers may—

(a)direct the Registrar General to accept the nomination, or

(b)confirm the rejection of the nomination,

and must inform the nominating body of their decision and the reason for it; and their decision is final.

(10)If a reason given for confirming the rejection of a nomination is that the nominating body is not a religious or belief body, the body may, within 42 days of receiving notice of the confirmation, appeal against the decision to the Court of Session and seek the determination of that court as to whether the body is a religious or belief body.

(11)If—

(a)the Court determines that the nominating body is a religious or belief body, and

(b)the reason mentioned in subsection (10) was the only reason given for confirming the rejection of the nomination,

the Registrar General must give effect to the determination as if it were a direction under subsection (9)(a) to accept the nomination.

Textual Amendments

F146Ss. 94A-94E inserted (S.) (1.9.2014 for specified purposes, 16.12.2014 for specified purposes) by Marriage and Civil Partnership (Scotland) Act 2014 (asp 5), ss. 24(13), 36; S.S.I. 2014/212, art. 2, sch. (as amended (1.9.2014) by S.S.I. 2014/218, art. 2(3), sch.); S.S.I. 2014/287, art. 3, sch.

94CRemoval of celebrant's name from registerS

(1)Subject to the provisions of this section, the Registrar General may remove the name of a person registered under section 94B from the register on the ground that—

(a)the person has requested that the person's name should be so removed,

(b)the body which nominated the person under section 94B(1) no longer desires that the person should be so registered,

(c)the person—

(i)has, while registered as an approved celebrant, been convicted of an offence under this Part,

(ii)has, for the purpose of profit or gain, been carrying on a business of registering civil partnerships,

(iii)is not a fit and proper person to register civil partnerships, or

(iv)for any other reason, should not be registered as an approved celebrant.

(2)The Registrar General may not remove the name of a person from the register on any ground mentioned in subsection (1)(c) unless the Registrar General has given the person at least 21 days notice in writing of the intention to do so.

(3)For the purposes of subsection (2), notice which is given by electronic means is to be treated as in writing if it is received in a form which is legible and capable of being used for subsequent reference.

(4)The Registrar General must—

(a)in the notice given under subsection (2), specify the ground of removal and call upon the person to give any reasons, within the period specified in the notice, why the person's name should not be removed from the register, and

(b)consider any representations made within that period by the person.

(5)Where a person's name has been removed from the register on any of the grounds mentioned in paragraph (c) of subsection (1), the person or the body which nominated the person under section 94B(1) may, if aggrieved by the removal, within 28 days of receiving notice of the removal appeal to the Scottish Ministers.

(6)On an appeal under subsection (5) the Scottish Ministers may give any direction they think proper to the Registrar General as to the removal from, or restoration to, the register of the person's name; and such direction is final.

(7)Where a person has received a notice in pursuance of subsection (2), the person must not register a civil partnership unless and until the person's name is restored to the register or, as the case may be, the Registrar General has decided not to remove the person's name from the register.

Textual Amendments

F146Ss. 94A-94E inserted (S.) (1.9.2014 for specified purposes, 16.12.2014 for specified purposes) by Marriage and Civil Partnership (Scotland) Act 2014 (asp 5), ss. 24(13), 36; S.S.I. 2014/212, art. 2, sch. (as amended (1.9.2014) by S.S.I. 2014/218, art. 2(3), sch.); S.S.I. 2014/287, art. 3, sch.

94DAlterations to register maintained under section 94BS

(1)A body registered in pursuance of section 94B(6)(a)(ii) must notify the Registrar General of any of the following events (if practicable, within 21 days of its occurrence)—

(a)any change in the name or the address of the body or any amalgamation with any other religious or belief body, giving the name and address of any approved celebrant who is a member of the body so registered,

(b)the death of an approved celebrant who is a member of the body so registered,

(c)any change of name, address or designation of an approved celebrant who is a member of the body so registered,

(d)the cessation of an approved celebrant who is a member of the body so registered from exercising the functions of an approved celebrant, giving the person's name and address.

(2)The Registrar General must, on receipt of any such notification, make whatever alteration to the register maintained under section 94B the Registrar General considers necessary or desirable.

Textual Amendments

F146Ss. 94A-94E inserted (S.) (1.9.2014 for specified purposes, 16.12.2014 for specified purposes) by Marriage and Civil Partnership (Scotland) Act 2014 (asp 5), ss. 24(13), 36; S.S.I. 2014/212, art. 2, sch. (as amended (1.9.2014) by S.S.I. 2014/218, art. 2(3), sch.); S.S.I. 2014/287, art. 3, sch.

94ETemporary authorisation of celebrantsS

(1)The Registrar General may, in accordance with such terms and conditions as may be specified in the authorisation, grant to any member of a religious or belief body a temporary written authorisation to register—

(a)a civil partnership or partnerships specified in the authorisation, or

(b)civil partnerships during such period as is specified in the authorisation.

(2)The Registrar General may grant an authorisation to a person under subsection (1) only if satisfied that the religious or belief body of which the person is a member meets the qualifying requirements.

(3)The Registrar General may grant an authorisation to a person under subsection (1)(b) only if the religious or belief body of which the person is a member—

(a)is prescribed by virtue of section 94A(1)(a)(i), or

(b)has nominated members (whether or not including that person) under section 94B(1).

(4)In subsection (2), the “qualifying requirements” are such requirements as may be set out in regulations made by the Scottish Ministers.

(5)For the purposes of subsection (1), an authorisation which is issued by electronic means is to be treated as written if it is received in a form which is legible and capable of being used for subsequent reference.]

Textual Amendments

F146Ss. 94A-94E inserted (S.) (1.9.2014 for specified purposes, 16.12.2014 for specified purposes) by Marriage and Civil Partnership (Scotland) Act 2014 (asp 5), ss. 24(13), 36; S.S.I. 2014/212, art. 2, sch. (as amended (1.9.2014) by S.S.I. 2014/218, art. 2(3), sch.); S.S.I. 2014/287, art. 3, sch.

95Further provision as to registrationS

(1)Before the persons present sign in accordance with section 85 [F147the approved celebrant or, as the case may be,] the authorised registrar is to require the intended civil partners to confirm that (to the best of their knowledge) the particulars set out in the civil partnership schedule are correct.

[F148(1A)In the case of a religious or belief civil partnership, the parties to the civil partnership must, within 3 days of signing the civil partnership schedule in accordance with section 85(4), deliver the civil partnership schedule, or send it by post or arrange that it is delivered, to the district registrar.]

(2)As soon as practicable [F149after—

(a)in the case of a civil registration, the civil partnership schedule has been signed in accordance with section 85, or

(b)in the case of a religious or belief civil partnership, the district registrar receives the civil partnership schedule,

the district registrar] must cause those particulars to be entered in a register (to be known as the “civil partnership register”) supplied to him for that purpose by the Registrar General.

(3)The form and content of any page of that register is to be prescribed.

[F150(3A)The district registrar must not enter the particulars set out in the civil partnership schedule relating to a religious or belief civil partnership in the civil partnership register unless and until the registrar receives a duly signed civil partnership schedule in respect of that civil partnership.

(3B)Where the Registrar General is satisfied that—

(a)a civil partnership has been properly registered, and

(b)the civil partnership schedule in respect of the civil partnership has been duly signed but has been lost or destroyed,

the Registrar General may direct the district registrar to complete an exact copy of the original civil partnership schedule and, so far as practicable, to arrange for its signature by those persons who signed the original schedule.

(3C)As soon as possible after the copy schedule has been signed, the district registrar must cause the particulars as set out in it to be entered into the civil partnership register.]

(4)A fee payable by the intended civil partners for their [F151civil] registration as civil partners of each other is to be prescribed.

Textual Amendments

Commencement Information

I21S. 95 wholly in force at 5.12.2005; s. 95 not in force at Royal Assent see s. 263; s. 95(3)(4) in force at 14.9.2005 by S.S.I. 2005/428, art. 2, Sch.; s. 95(1)(2) in force at 5.12.2005 insofar as not already in force by S.S.I. 2005/604, art. 2(b)

[F15295ZARegistrar's power to require delivery of civil partnership scheduleS

(1)Where the civil partnership schedule is not delivered to the district registrar within 21 days from the date of registration as entered in the schedule, the registrar may serve a notice in the prescribed form on either of the parties to the civil partnership requiring that party within 8 days from the date of service to deliver the schedule, or send it by post, to the registrar.

(2)If a person on whom a notice has been served under subsection (1) fails to comply with the notice, the district registrar may serve on the person a second notice in the prescribed form requiring the person to attend personally at the registration office of the district registrar, within 8 days from the date of service of the second notice, for the purpose of delivering the civil partnership schedule to the district registrar to enable the registrar to enter the civil partnership in the civil partnership register.]

Textual Amendments

F152S. 95ZA inserted (S.) (1.9.2014 for specified purposes, 16.12.2014 so far as not already in force) by Marriage and Civil Partnership (Scotland) Act 2014 (asp 5), ss. 24(15), 36; S.S.I. 2014/212, art. 2, sch. (as amended (1.9.2014) by S.S.I. 2014/218, art. 2(3), sch.); S.S.I. 2014/287, art. 3, sch.

[F15395AValidity following entry in civil partnership registerS

(1)Subsection (2) applies where the particulars set out in a civil partnership schedule signed in accordance with section 85 are entered in the civil partnership register in pursuance of section 95(2) [F154or (3C)].

(2)The validity of the registration as civil partners to which the schedule relates is not to be questioned in any legal proceedings on the ground of failure to comply with a requirement or restriction imposed by or under this Part.

(3)Subsection (2)—

(a)is subject to section 85(2), and

(b)does not prejudice section 100.]

96Civil partnership with former spouseS

(1)Where an intended civil partner has a full gender recognition certificate issued under section 5(1) of the Gender Recognition Act 2004 (c. 7) and the other intended civil partner was the other party in the proceedings in which the certificate was issued, the procedures for their registration as civil partners of each other may—

(a)if they so elect, and

(b)if each of them submits a notice under section 88(1) within 30 days after the certificate is issued,

be expedited as follows.

(2)The registration may take place on any of the 30 days immediately following—

(a)that on which the notices are submitted, or

(b)(if the two notices are not submitted on the same day) that on which the later is submitted.

(3)And accordingly there are to be disregarded—

(a)in section 90—

(i)in subsection (2)(b), the words from “being” to the end, and

(ii)subsection (3),

(b)section [F15591(1)], and

(c)in section 94, [F156subsection (1)(b)].

Textual Amendments

97Certificates of no impediment for Part 2 purposesS

(1)This section applies where—

(a)two people propose to register as civil partners of each other under Chapter 1 of Part 2, and

(b)one of them (“A”) resides in Scotland but the other (“B”) resides in England or Wales.

(2)A may submit a notice of intention to register under section 88 as if A and B intended to register as civil partners in the district in which A resides.

(3)If the district registrar is satisfied (after consultation, if he considers it necessary, with the Registrar General) that there is no impediment (in terms of section 92(6)) to A registering as B’s civil partner, he must issue a certificate to A in the prescribed form that there is not known to be any such impediment.

(4)But the certificate may not be issued to A earlier than [F15728 days] after the receipt (as entered in the civil partnership notice book) of the notice under subsection (2) unless—

(a)the circumstances are as mentioned in section 96(1), and

(b)A makes an election for the certificate to be issued as soon as possible.

(5)Any person may, at any time before a certificate is issued under subsection (3), submit to the district registrar an objection in writing to its issue.

[F158(5A)For the purposes of subsection (5), an objection which is submitted by electronic means is to be treated as in writing if it is received in a form which is legible and capable of being used for subsequent reference.]

(6)Any objection made under subsection (5) must be taken into account by the district registrar in deciding whether he is satisfied that there is no legal impediment to A registering as B’s civil partner.

Textual Amendments

Commencement Information

I22S. 97 wholly in force at 5.12.2005; s. 97 not in force at Royal Assent see s. 263; s. 97(3) in force at 14.9.2005 by S.S.I. 2005/428, art. 2, Sch. and otherwise 5.12.2005 insofar as not already in force by S.S.I. 2005/604, art. 2(b); s. 97(1)(2)(4)-(6) in force at 5.12.2005 insofar as not already in force by S.S.I. 2005/604, art. 2(b)

[F15998Application of certain provisions to civil partnershipsS

(1)The following sections of the 1965 Act apply in relation to the civil partnership register as they apply in relation to the registers of births, marriages and deaths—

(a)section 34 (examination and transmission of registers),

(b)section 38(1) and (2) (search of indexes kept by Registrar General),

(c)section 39C (provision of information to district registrars), and

(d)section 44 (Register of Corrections Etc.).

(2)Section 39A of the 1965 Act (notice of registration events to third parties) applies in relation to a civil partnership as it applies in relation to a marriage.

(3)In that application, the reference in section 39A(2)(c) to the marriage having been registered in accordance with section 15 or 19 of the Marriage (Scotland) Act 1977 (c. 15) is to be read as a reference to the particulars of the formation of the civil partnership having been entered in the civil partnership register under section 95(2) of this Act.]

Textual Amendments

F159S. 98 substituted (1.10.2006 for certain purposes and 1.1.2007 for further certain purposes and otherwise prosp.) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 52(6), 63(2); S.S.I. 2006/469, arts. 2, 3, Sch. 1, Sch. 2

Modifications etc. (not altering text)

99Correction of errors in civil partnership registerS

(1)No alteration is to be made in the civil partnership register except as authorised by or under this or any other Act (“Act” including an Act of the Scottish Parliament).

(2)Any clerical error in the register or error in it of a kind prescribed may be corrected by the district registrar.

(3)The Registrar General may authorise district examiners (“district examiner” having the meaning given by section 2(1) of the 1965 Act) to correct any error in the register of a type specified by him which they discover during an examination under section 34 of the 1965 Act.

Commencement Information

I23S. 99 wholly in force at 5.12.2005; s. 99 not in force at Royal Assent see s. 263; s. 99(2) in force at 14.9.2005 for certain purposes by S.S.I. 2005/428, art. 2, Sch. and otherwise 5.12.2005 insofar as not already in force by S.S.I. 2005/604, art. 2(b); s. 99(1)(3) in force at 5.12.2005 by S.S.I. 2005/604, art. 2(b)

100OffencesS

(1)A person (“A”) commits an offence who [F160purports to register] in Scotland as the civil partner of another person (“B”) knowing that either or both—

(a)A is already married to or in civil partnership with a person other than B, or

(b)B is already married to or in civil partnership with a person other than A.

(2)A person commits an offence who knowingly—

(a)falsifies or forges any civil partnership document (that is to say, any document issued or made, or purporting to be issued or made, or required, under this Part),

(b)uses, or gives or sends to any person as genuine, any false or forged civil partnership document,

(c)being [F161an approved celebrant or, as the case may be,] an authorised registrar, purports to register two people as civil partners of each other before any civil partnership schedule available to him at the time of registration has been duly completed,

(d)not being [F161an approved celebrant or, as the case may be,] an authorised registrar, conducts himself in such a way as to lead intended civil partners to believe that he is authorised to register them as civil partners of each other,

(e)being [F161an approved celebrant or, as the case may be,] an authorised registrar, purports to register two people as civil partners of each other without both of them being present, or

(f)being an authorised registrar, purports to register two people as civil partners of each other in a place other than [F162in accordance with section 93].

(3)A person guilty of an offence under subsection (1) or (2) is liable—

(a)on conviction on indictment, to imprisonment for a term not exceeding 2 years or to a fine (or both);

(b)on summary conviction, to imprisonment for a term not exceeding 3 months or to a fine not exceeding [F163the statutory maximum] (or both).

[F164(3A)A person commits an offence if the person—

(a)registers a civil partnership in an area or place in which by virtue of section 94B(4)(b) the person is not permitted to register a civil partnership,

(b)registers a civil partnership in contravention of section 94C(7),

(c)being a person temporarily authorised under section 94E—

(i)if authorised under subsection (1)(a) of that section, registers a civil partnership not specified in the authorisation,

(ii)if authorised under subsection (1)(b) of that section, registers a civil partnership outwith the period specified in the authorisation,

(iii)in either case, registers a civil partnership otherwise than in accordance with such terms and conditions as may be specified in the authorisation,

(d)being a party to a civil partnership, fails to comply with a notice served under section 95ZA(2).

(3B)A person guilty of an offence under subsection (3A) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.]

(4)Summary proceedings for an offence under subsection (1)[F165, (2) or (3A)] may be commenced at any time within 3 months after evidence sufficient in the opinion of the Lord Advocate to justify the proceedings comes to his knowledge or within 12 months after the offence is committed (whichever period last expires).

(5)Subsection (3) of section 136 of the Criminal Procedure (Scotland) Act 1995 (c. 46) (time limits) has effect for the purposes of this section as it has for the purposes of that section.

Textual Amendments

F160Words in s. 100(1) substituted (1.9.2014) by Marriage and Civil Partnership (Scotland) Act 2014 (asp 5), ss. 28(2)(a), 36; S.S.I. 2014/212, art. 2, sch. (as amended (1.9.2014) by S.S.I. 2014/218, art. 2(3), sch.)

F163Words in s. 100(3)(b) substituted (1.9.2014) by Marriage and Civil Partnership (Scotland) Act 2014 (asp 5), ss. 28(2)(b), 36; S.S.I. 2014/212, art. 2, sch. (as amended (1.9.2014) by S.S.I. 2014/218, art. 2(3), sch.)

Chapter 3SOccupancy rights and tenancies

Modifications etc. (not altering text)

C11Pt. 3 Ch. 3 excluded by 2002 c. 29, s. 269A(5) (as inserted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), ss. 29(5), 58(1)(6); S.I. 2018/78, reg. 3(l))

Occupancy rightsS

101Occupancy rightsS

(1)Where, apart from the provisions of this Chapter, one civil partner in a civil partnership is entitled, or permitted by a third party, to occupy a family home of the civil partnership (that civil partner being referred in this Chapter as an “entitled partner”) and the other civil partner is not so entitled or permitted (a “non-entitled partner”), the non-entitled partner has, subject to the provisions of this Chapter, the following rights—

(a)if in occupation, a right to continue to occupy the family home;

(b)if not in occupation, a right to enter into and occupy the family home.

(2)The rights conferred by subsection (1) to continue to occupy or, as the case may be, to enter and occupy the family home include, without prejudice to their generality, the right to do so together with any child of the family.

(3)In subsection (1), an “entitled partner” includes a civil partner who is entitled, or permitted by a third party, to occupy the family home along with an individual who is not the other civil partner only if that individual has waived a right of occupation in favour of the civil partner so entitled or permitted.

(4)If the entitled partner refuses to allow the non-entitled partner to exercise the right conferred by subsection (1)(b), the non-entitled partner may exercise that right only with the leave of the Court of Session or the sheriff under section 103(3) or (4).

(5)A non-entitled partner may renounce in writing the rights mentioned in paragraphs (a) and (b) of subsection (1) only—

(a)in a particular family home, or

(b)in a particular property which it is intended by the civil partners will become their family home.

(6)A renunciation under subsection (5) has effect only if, at the time of making the renunciation, the non-entitled partner swears or affirms before a notary public that it is made freely and without coercion of any kind.

[F166(6A)Subject to subsection (5), if—

(a)there has been no cohabitation between an entitled partner and a non-entitled partner during a continuous period of two years, and

(b)during that period the non-entitled partner has not occupied the family home,

the non-entitled partner shall, on the expiry of that period, cease to have occupancy rights in the family home.

(6B)A non-entitled partner who has ceased to have occupancy rights by virtue of subsection (6A) may not apply to the court for an order under section 103(1).]

(7)In this Part—

  • child of the family” means [F167any child or grandchild of either civil partner, and any person who has been brought up or treated by either civil partner as if the person were a child of that partner, whatever the age of such a child, grandchild or person], and

  • family” means the civil partners in the civil partnership, together with any child [F168, grandchild or person so treated] by them.

(8)In subsection (6), “notary public” includes any person duly authorised, by the law of the country other than Scotland in which the swearing or affirmation takes place, to administer oaths or receive affirmations in that other country.

102Occupancy: subsidiary and consequential rightsS

(1)For the purpose of securing the occupancy rights of a non-entitled partner, that partner is, in relation to a family home, entitled without the consent of the entitled partner—

(a)to make any payment due by the entitled partner in respect of rent, rates, secured loan instalments, interest or other outgoings (not being outgoings on repairs or improvements);

(b)to perform any other obligation incumbent on the entitled partner (not being an obligation in respect of non-essential repairs or improvements);

(c)to enforce performance of an obligation by a third party which that third party has undertaken to the entitled partner to the extent that the entitled partner may enforce such performance;

(d)to carry out such essential repairs as the entitled partner may carry out;

(e)to carry out such non-essential repairs or improvements as may be authorised by an order of the court, being such repairs or improvements as the entitled partner may carry out and which the court considers to be appropriate for the reasonable enjoyment of the occupancy rights;

(f)to take such other steps, for the purpose of protecting the occupancy rights of the non-entitled partner, as the entitled partner may take to protect the occupancy rights of the entitled partner.

(2)Any payment made under subsection (1)(a) or any obligation performed under subsection (1)(b) has effect in relation to the rights of a third party as if the payment were made or the obligation were performed by the entitled partner; and the performance of an obligation which has been enforced under subsection (1)(c) has effect as if it had been enforced by the entitled partner.

(3)Where there is an entitled and a non-entitled partner, the court, on the application of either of them, may, having regard in particular to the respective financial circumstances of the partners, make an order apportioning expenditure incurred or to be incurred by either partner—

(a)without the consent of the other partner, on any of the items mentioned in paragraphs (a) and (d) of subsection (1);

(b)with the consent of the other partner, on anything relating to a family home.

(4)Where both partners are entitled, or permitted by a third party, to occupy a family home—

(a)either partner is entitled, without the consent of the other partner, to carry out such non-essential repairs or improvements as may be authorised by an order of the court, being such repairs or improvements as the court considers to be appropriate for the reasonable enjoyment of the occupancy rights;

(b)the court, on the application of either partner, may, having regard in particular to the respective financial circumstances of the partners, make an order apportioning expenditure incurred or to be incurred by either partner, with or without the consent of the other partner, on anything relating to the family home.

(5)Where one partner (“A”) owns or hires, or is acquiring under a hire-purchase or conditional sale agreement, furniture and plenishings in a family home—

(a)the other partner may, without the consent of A—

(i)make any payment due by A which is necessary, or take any other step which A is entitled to take, to secure the possession or use of any such furniture and plenishings (and any such payment is to have effect in relation to the rights of a third party as if it were made by A), or

(ii)carry out such essential repairs to the furniture and plenishings as A is entitled to carry out;

(b)the court, on the application of either partner, may, having regard in particular to the respective financial circumstances of the partners, make an order apportioning expenditure incurred or to be incurred by either partner—

(i)without the consent of the other partner, in making payments under a hire, hire-purchase or conditional sale agreement, or in paying interest charges in respect of the furniture and plenishings, or in carrying out essential repairs to the furniture and plenishings, or

(ii)with the consent of the other partner, on anything relating to the furniture or plenishings.

(6)An order under subsection (3), (4)(b) or (5)(b) may require one partner to make a payment to the other partner in implementation of the apportionment.

(7)Any application under subsection (3), (4)(b) or (5)(b) is to be made within 5 years after the date on which any payment in respect of such incurred expenditure was made.

(8)Where—

(a)the entitled partner is a tenant of a family home,

(b)possession of it is necessary in order to continue the tenancy, and

(c)the entitled partner abandons such possession,

the tenancy is continued by such possession by the non-entitled partner.

(9)In this section “improvements” includes alterations and enlargement.

103Regulation by court of rights of occupancy of family homeS

(1)[F169Subject to section 101(6A),] Where there is an entitled and a non-entitled partner, or where both partners are entitled, or permitted by a third party, to occupy a family home, either partner may apply to the court for an order—

(a)declaring the occupancy rights of the applicant partner;

(b)enforcing the occupancy rights of the applicant partner;

(c)restricting the occupancy rights of the non-applicant partner;

(d)regulating the exercise by either partner of his or her occupancy rights;

(e)protecting the occupancy rights of the applicant partner in relation to the other partner.

(2)Where one partner owns or hires, or is acquiring under a hire-purchase or conditional sale agreement, furniture and plenishings in a family home and the other partner has occupancy rights in that home, that other person may apply to the court for an order granting to the applicant the possession or use in the family home of any such furniture and plenishings; but, subject to section 102, an order under this subsection does not prejudice the rights of any third party in relation to the non-performance of any obligation under such hire-purchase or conditional sale agreement.

(3)The court is to grant an application under subsection (1)(a) if it appears to the court that the application relates to a family home; and, on an application under any of paragraphs (b) to (e) of subsection (1) or under subsection (2), the court may make such order relating to the application as appears to it to be just and reasonable having regard to all the circumstances of the case including—

(a)the conduct of the partners, whether in relation to each other or otherwise,

(b)the respective needs and financial resources of the partners,

(c)the needs of any child of the family,

(d)the extent (if any) to which—

(i)the family home, and

(ii)in relation only to an order under subsection (2), any item of furniture and plenishings referred to in that subsection, is used in connection with a trade, business or profession of either partner, and

(e)whether the entitled partner offers or has offered to make available to the non-entitled partner any suitable alternative accommodation.

(4)Pending the making of an order under subsection (3), the court, on the application of either partner, may make such interim order as it considers necessary or expedient in relation to—

(a)the residence of either partner in the home to which the application relates,

(b)the personal effects of either partner or of any child of the family, or

(c)the furniture and plenishings,

but an interim order may be made only if the non-applicant partner has been afforded an opportunity of being heard by or represented before the court.

(5)The court is not to make an order under subsection (3) or (4) if it appears that the effect of the order would be to exclude the non-applicant partner from the family home.

(6)If the court makes an order under subsection (3) or (4) which requires the delivery to one partner of anything which has been left in or removed from the family home, it may also grant a warrant authorising a messenger-at-arms or sheriff officer to enter the family home or other premises occupied by the other partner and to search for and take possession of the thing required to be delivered, (if need be by opening shut and lockfast places) and to deliver the thing in accordance with the order.

(7)A warrant granted under subsection (6) is to be executed only after expiry of such period as the court is to specify in the order for delivery.

(8)Where it appears to the court—

(a)on the application of a non-entitled partner, that the applicant has suffered a loss of occupancy rights or that the quality of the applicant’s occupation of a family home has been impaired, or

(b)on the application of a partner who has been given the possession or use of furniture and plenishings by virtue of an order under subsection (3), that the applicant has suffered a loss of such possession or use or that the quality of the applicant’s possession or use of the furniture and plenishings has been impaired,

in consequence of any act or default on the part of the other partner which was intended to result in such loss or impairment, it may order that other partner to pay to the applicant such compensation as it considers just and reasonable in respect of that loss or impairment.

(9)A partner may renounce in writing the right to apply under subsection (2) for the possession or use of any item of furniture and plenishings.

Textual Amendments

104Exclusion ordersS

(1)Where there is an entitled and non-entitled partner, or where both partners are entitled, or permitted by a third party, to occupy a family home, either partner, whether or not that partner is in occupation at the time of the application, may apply to the court for an order (in this Chapter referred to as “an exclusion order”) suspending the occupancy rights of the other partner (“the non-applicant partner”) in a family home.

(2)Subject to subsection (3), the court is to make an exclusion order if it appears to it that to do so is necessary for the protection of the applicant or any child of the family from any conduct, or threatened or reasonably apprehended conduct, of the non-applicant partner which is or would be injurious to the physical or mental health of the applicant or child.

(3)The court is not to make an exclusion order if it appears to it that to do so would be unjustified or unreasonable—

(a)having regard to all the circumstances of the case including the matters specified in paragraphs (a) to (e) of section 103(3), and

(b)where the family home—

(i)is, or is part of, an agricultural holding within the meaning of section 1 of the Agricultural Holdings (Scotland) Act 1991 (c. 55), or

(ii)is let, or is a home in respect of which possession is given, to the non-applicant partner or to both partners by an employer as an incident of employment,

having regard to any requirement that the non-applicant partner, or, as the case may be, both partners must reside in the family home and to the likely consequences of the exclusion of the non-applicant partner from the family home.

(4)In making an exclusion order the court is, on the application of the applicant partner—

(a)to grant a warrant for the summary ejection of the non-applicant partner from the family home unless the non-applicant partner satisfies the court that it is unnecessary for it to grant such a remedy,

(b)to grant an interdict prohibiting the non-applicant partner from entering the family home without the express permission of the applicant, and

(c)to grant an interdict prohibiting the removal by the non-applicant partner, except with the written consent of the applicant or by a further order of the court, of any furniture and plenishings in the family home unless the non-applicant partner satisfies the court that it is unnecessary for it to grant such a remedy.

(5)In making an exclusion order the court may—

(a)grant an interdict prohibiting the non-applicant partner from entering or remaining in a specified area in the vicinity of the family home;

(b)where the warrant for the summary ejection of the non-applicant partner has been granted in that partner’s absence, give directions as to the preservation of that partner’s goods and effects which remain in the family home;

(c)on the application of either partner, make the exclusion order or the warrant or interdict mentioned in paragraph (a), (b) or (c) of subsection (4) or paragraph (a) of this subsection subject to such terms and conditions as the court may prescribe;

(d)on the application of either partner, make such other order as it considers necessary for the proper enforcement of an order made under subsection (4) or paragraph (a), (b) or (c).

(6)Pending the making of an exclusion order, the court may, on the application of the applicant partner, make an interim order suspending the occupancy rights of the non-applicant partner in the family home to which the application for the exclusion order relates; and subsections (4) and (5) apply to such an interim order as they apply to an exclusion order.

(7)But an interim order may be made only if the non-applicant partner has been afforded an opportunity of being heard by or represented before the court.

(8)Without prejudice to subsections (1) and (6), where both partners are entitled, or permitted by a third party, to occupy a family home, it is incompetent for one partner to bring an action of ejection from the family home against the other partner.

105Duration of orders under sections 103 and 104S

(1)The court may, on the application of either partner, vary or recall any order made by it under section 103 or 104.

(2)Subject to subsection (3), any such order, unless previously so varied or recalled, ceases to have effect—

(a)on the dissolution of the civil partnership,

(b)subject to section 106(1), where there is an entitled and non-entitled partner, on the entitled partner ceasing to be an entitled partner in respect of the family home to which the order relates, or

(c)where both partners are entitled, or permitted by a third party, to occupy the family home, on both partners ceasing to be so entitled or permitted.

(3)Without prejudice to the generality of subsection (2), an order under section 103(3) or (4) which grants the possession or use of furniture and plenishings ceases to have effect if the furniture and plenishings cease to be permitted by a third party to be retained in the family home.

106Continued exercise of occupancy rights after dealingS

(1)Subject to subsection (3)—

(a)the continued exercise of the rights conferred on a non-entitled partner by the provisions of this Chapter in respect of a family home are not prejudiced by reason only of any dealing of the entitled partner relating to that home, and

(b)a third party is not by reason only of such a dealing entitled to occupy that home or any part of it.

[F170(1A)The occupancy rights of a non-entitled partner in relation to a family home shall not be exercisable in relation to the home where, following a dealing of the entitled partner relating to the home—

(a)a person acquires the home, or an interest in it, in good faith and for value from a person other than the person who is or, as the case may be, was the entitled partner, or

(b)a person derives title to the home from a person who acquired title as mentioned in paragraph (a).]

(2)In this section and section 107—

  • dealing” includes the grant of a heritable security and the creation of a trust but does not include a conveyance under section 80 of the Lands Clauses Consolidation Act 1845 (c. 18);

  • entitled partner” does not include a civil partner who, apart from the provisions of this Chapter—

    (a)

    is permitted by a third party to occupy a family home, or

    (b)

    is entitled to occupy a family home along with an individual who is not the other civil partner whether or not that individual has waived a right of occupation in favour of the civil partner so entitled,

    (“non-entitled partner” being construed accordingly).

(3)This section does not apply in any case where—

(a)the non-entitled partner in writing either—

(i)consents or has consented to the dealing (any consent being in such form as the Scottish Ministers may, by regulations made by statutory instrument, prescribe), or

(ii)renounces or has renounced occupancy rights in relation to the family home or property to which the dealing relates,

(b)the court has made an order under section 107 dispensing with the consent of the non-entitled partner to the dealing,

(c)the dealing occurred, or implements a binding obligation entered into by the entitled partner, before the registration of the civil partnership,

(d)the dealing occurred, or implements a binding obligation entered into, before the commencement of this section,

(e)the dealing comprises a [F171transfer for value] to a third party who has acted in good faith, if there is produced to the third party by the [F172transferor—

(i)a written declaration signed by the transferor, or a person acting on behalf of the transferor under a power of attorney or as a guardian (within the meaning of the Adults with Incapacity (Scotland) Act 2000 (asp 4)), that the subjects of the transfer are not, or were not at the time of the dealing, a family home in relation to which a civil partner of the transferor has or had occupancy rights, or

(ii)a renunciation of occupancy rights or consent to the dealing which bears to have been properly made or given by the non-entitled partner or a person acting on behalf of the non-entitled partner under a power of attorney or as a guardian (within the meaning of the Adults with Incapacity (Scotland) Act 2000 (asp 4)).]

(f)the entitled partner has permanently ceased to be entitled to occupy the family home, and at any time after that a continuous period of [F1732] years has elapsed during which the non-entitled partner has not occupied the family home.

(4)For the purposes of subsection (3)(e), the time of the dealing, in the case of the sale of an interest in heritable property, is the date of delivery to the purchaser of the deed transferring title to that interest.

107Dispensation with civil partner’s consent to dealingS

(1)[F174Subject to subsections (1A) and (1C),] The court may, on the application of an entitled partner or any other person having an interest, make an order dispensing with the consent of a non-entitled partner to a dealing which has taken place or a proposed dealing, if—

(a)such consent is unreasonably withheld,

(b)such consent cannot be given by reason of physical or mental disability, or

(c)the non-entitled partner cannot be found after reasonable steps have been taken to trace that partner.

[F175(1A)Subsection (1B) applies if, in relation to a proposed sale—

(a)negotiations with a third party have not begun, or

(b)negotiations have begun but a price has not been agreed.

(1B)An order under subsection (1) dispensing with consent may be made only if—

(a)the price agreed for the sale is no less than such amount as the court specifies in the order, and

(b)the contract for the sale is concluded before the expiry of such period as may be so specified.

(1C)Subsection (1D) applies if the proposed dealing is the grant of a heritable security.

(1D)An order under subsection (1) dispensing with consent may be made only if—

(a)the heritable security is granted for a loan of no more than such amount as the court specifies in the order, and

(b)the security is executed before the expiry of such period as may be so specified.]

(2)For the purposes of subsection (1)(a), a non-entitled partner has unreasonably withheld consent to a dealing which has taken place or a proposed dealing, where it appears to the court either—

(a)that the non-entitled partner—

(i)has led the entitled partner to believe that the non-entitled partner would consent to the dealing, and

(ii)would not be prejudiced by any change in the circumstances of the case since the conduct which gave rise to that belief occurred, or

(b)that the entitled partner has, having taken all reasonable steps to do so, been unable to obtain an answer to a request for consent.

(3)The court, in considering whether to make an order under subsection (1), is to have regard to all the circumstances of the case including the matters specified in paragraphs (a) to (e) of section 103(3).

[F176(3A)If the court refuses an application for an order under subsection (1), it may make an order requiring a non-entitled partner who is or becomes the occupier of the family home—

(a)to make such payments to the owner of the home in respect of that partner's occupation of it as may be specified in the order,

(b)to comply with such other conditions relating to that partner's occupation of the family home as may be so specified.]

(4)Where—

(a)an application is made for an order under this section, and

(b)an action is or has been raised by a non-entitled partner to enforce occupancy rights,

the action is to be sisted until the conclusion of the proceedings on the application.

108Interests of heritable creditorsS

(1)The rights of a third party with an interest in the family home as a creditor under a secured loan in relation to the non-performance of any obligation under the loan are not prejudiced by reason only of the occupancy rights of the non-entitled partner; but where a non-entitled partner has or obtains occupation of a family home and—

(a)the entitled partner is not in occupation, and

(b)there is a third party with such an interest in the family home,

the court may, on the application of the third party, make an order requiring the non-entitled partner to make any payment due by the entitled partner in respect of the loan.

(2)This section does not apply to secured loans in respect of which the security was granted prior to the commencement of section 13 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73) unless the third party in granting the secured loan acted in good faith and there was produced to the third party by the entitled partner—

(a)[F177a written declaration signed] by the entitled partner declaring that there is no non-entitled partner, or

(b)a renunciation of occupancy rights or consent to the taking of the loan which bears to have been properly made or given by the non-entitled partner.

(3)This section does not apply to secured loans in respect of which the security was granted after the commencement of section 13 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73) unless the third party in granting the secured loan acted in good faith and there was produced to the third party by the grantor—

(a)[F178a written declaration signed] by the grantor declaring that the security subjects are not or were not at the time of the granting of the security a family home in relation to which a civil partner of the grantor has or had occupancy rights, or

(b)a renunciation of occupancy rights or consent to the granting of the security which bears to have been properly made or given by the non-entitled partner.

(4)For the purposes of subsections (2) and (3), the time of granting a security, in the case of a heritable security, is the date of delivery of the deed creating the security.

109Provisions where both civil partners have titleS

(1)Subject to subsection (2), where, apart from the provisions of this Chapter, both civil partners are entitled to occupy a family home—

(a)the rights in that home of one civil partner are not prejudiced by reason only of any dealing of the other civil partner, and

(b)a third party is not by reason only of such a dealing entitled to occupy that home or any part of it.

(2)Sections 106(3) and 107 and the definition of “dealing” in section 106(2) apply for the purposes of subsection (1) as they apply for the purposes of section 106(1) but subject to the following modifications—

(a)any reference to the entitled partner and to the non-entitled partner is to be construed as a reference to a civil partner who has entered into, or as the case may be proposes to enter into, a dealing and to the other civil partner respectively, and

(b)in paragraph (b) of section 107(4) the reference to occupancy rights is to be construed as a reference to any rights in the family home.

110Rights of occupancy in relation to division and saleS

Where a civil partner brings an action for the division and sale of a family home owned in common with the other civil partner, the court, after having regard to all the circumstances of the case including—

(a)the matters specified in paragraphs (a) to (d) of section 103(3), and

(b)whether the civil partner bringing the action offers or has offered to make available to the other civil partner any suitable alternative accommodation,

may refuse to grant decree in that action or may postpone the granting of decree for such period as it considers reasonable in the circumstances or may grant decree subject to such conditions as it may prescribe.

111AdjudicationS

(1)Where a family home as regards which there is an entitled partner and a non-entitled partner is adjudged, the Court of Session, on the application of the non-entitled partner made within 40 days after the date of the decree of adjudication, may—

(a)order the reduction of the decree, or

(b)make such order as it thinks appropriate to protect the occupancy rights of the non-entitled partner,

if satisfied that the purpose of the diligence was wholly or mainly to defeat the occupancy rights of the non-entitled partner.

(2)Section 106(2) applies in construing “entitled partner” and “non-entitled partner” for the purposes of subsection (1).

[F179111AEffect of court action under section 103, 104 or 105 on reckoning of periods in sections 101 and 106S

(1)Subsection (2) applies where an application is made under section 103(1), 104(1) or 105(1).

(2)In calculating the period of two years mentioned in section 101(6A)(a) or 106(3)(f), no account shall be taken of the period mentioned in subsection (3).

(3)The period is the period beginning with the date on which the application is made and—

(a)in the case of an application under section 103(1) or 104(1), ending on the date on which—

(i)an order under section 103(3) or, as the case may be, 104(2) is made, or

(ii)the application is otherwise finally determined or abandoned,

(b)in the case of an application under section 105(1), ending on the date on which—

(i)the order under section 103(3) or, as the case may be, 104(2) is varied or recalled, or

(ii)the application is otherwise finally determined or abandoned.]

Transfer of tenancyS

112Transfer of tenancyS

(1)The court may, on the application of a non-entitled partner, make an order transferring the tenancy of a family home to that partner and providing, subject to subsection (12), for the payment by the non-entitled partner to the entitled partner of such compensation as seems to it to be just and reasonable in all the circumstances of the case.

(2)In an action—

(a)for dissolution of a civil partnership, the Court of Session or the sheriff,

(b)for declarator of nullity of a civil partnership, the Court of Session,

may, on granting decree or within such period as the court may specify on granting decree, make an order granting an application under subsection (1).

(3)In determining whether to grant an application under subsection (1), the court is to have regard to all the circumstances of the case including the matters specified in paragraphs (a) to (e) of section 103(3) and the suitability of the applicant to become the tenant and the applicant’s capacity to perform the obligations under the lease of the family home.

(4)The non-entitled partner is to serve a copy of an application under subsection (1) on the landlord and, before making an order under subsection (1), the court is to give the landlord an opportunity of being heard by it.

(5)On the making of an order granting an application under subsection (1), the tenancy vests in the non-entitled partner without intimation to the landlord, subject to all the liabilities under the lease (other than liability for any arrears of rent for the period before the making of the order).

(6)The arrears mentioned in subsection (5) are to remain the liability of the original entitled partner.

(7)The clerk of court is to notify the landlord of the making of an order granting an application under subsection (1).

(8)It is not competent for a non-entitled partner to apply for an order under subsection (1) where the family home—

(a)is let to the entitled partner by the entitled partner’s employer as an incident of employment, and the lease is subject to a requirement that the entitled partner must reside there,

(b)is or is part of an agricultural holding,

(c)is on, or pertains to—

(i)a croft,

(ii)the subject of a cottar, or

(iii)the holding of a landholder or of a statutory small tenant,

(d)is let on a long lease, or

(e)is part of the tenancy land of a tenant-at-will.

(9)In subsection (8)—

  • agricultural holding” has the same meaning as in section 1 of the Agricultural Holdings (Scotland) Act 1991 (c. 55),

  • cottar” has the same meaning as in section 12(5) of the Crofters (Scotland) Act 1993 (c. 44),

  • croft” has the same meaning as in that Act of 1993,

  • holding”, in relation to a landholder and a statutory small tenant, “landholder” and “statutory small tenant” have the same meanings respectively as in sections 2(1), 2(2) and 32(1) of the Small Landholders (Scotland) Act 1911 (c. 49),

  • long lease” has the same meaning as in section [F1809(2) of the Land Registration etc. (Scotland) Act 2012 (asp 5)], and

  • tenant-at-will” has the same meaning as in section 20(8) of that Act of 1979.

(10)Where both civil partners are joint or common tenants of a family home, the court may, on the application of one of the civil partners, make an order vesting the tenancy in that civil partner solely and providing, subject to subsection (12), for the payment by the applicant to the other partner of such compensation as seems just and reasonable in the circumstances of the case.

(11)Subsections (2) to (9) apply for the purposes of an order under subsection (10) as they apply for the purposes of an order under subsection (1) but subject to the following modifications—

(a)in subsection (3), for “tenant” there is substituted “ sole tenant ”;

(b)in subsection (4), for “non-entitled” there is substituted “ applicant ”;

(c)in subsection (5), for “non-entitled” there is substituted “ applicant ”,

(d)in subsection (6), for “liability of the original entitled partner” there is substituted “ joint and several liability of both partners ”;

(e)in subsection (8)—

(i)for “a non-entitled” there is substituted “ an applicant ”,

(ii)for paragraph (a) there is substituted—

(a)is let to both partners by their employer as an incident of employment, and the lease is subject to a requirement that both partners must reside there;, and

(iii)paragraphs (c) and (e) are omitted.

(12)Where the family home is a Scottish secure tenancy within the meaning of the Housing (Scotland) Act 2001 (asp 10), no account is to be taken, in assessing the amount of any compensation to be awarded under subsection (1) or (10), of the loss, by virtue of the transfer of the tenancy of the home, of a right to purchase the home under Part 3 of the Housing (Scotland) Act 1987 (c. 26).

Textual Amendments

Chapter 4SInterdicts

113Civil partners: competency of interdictS

(1)It shall not be incompetent for the Court of Session or the sheriff to entertain an application by one civil partner in a civil partnership for a relevant interdict by reason only that the civil partners are living together in civil partnership.

(2)In subsection (1) F181. . . , “relevant interdict” means an interdict, including an interim interdict, which—