Civil Partnership Act 2004 Explanatory Notes

Paragraphs 162 to 163 - Immigration and Asylum Act 1999 (c. 33)

1052.Paragraph 162 amends the Immigration and Asylum Act 1999 by inserting a new section, section 24A, which establishes a duty to report suspicious civil partnerships to the Home Office. Section 24A(1) places the duty to report, where there are reasonable grounds for suspecting a civil partnership will be a sham civil partnership, on those registration authorities to whom notice of proposed civil partnership is given under section 8 of the present Act; any person who attests a declaration under section 8; a district registrar who receives a notice under section 88; and a registrar who receives a notice under section 139.

1053.Subsection (2) of 24A also applies the duty to report where two people register as civil partners of each other under Part 2, 3 or 4 of the Act if before, during or immediately after they do so the registrar has reasonable grounds for suspecting the civil partnership is, or will be, a sham civil partnership.

1054.Subsection (3) of 24A establishes the duty to report to the Secretary of State without delay and in such form and manner as may be prescribed by regulations. Subsection (4) sets out who is to make the regulations. Subsection (5) defines the term “sham civil partnership” and subsection (6) defines the term “registrar”.

1055.Paragraph 163 is consequential.

Back to top