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SCHEDULES

SCHEDULE 23E+WImmigration control and formation of civil partnerships

Part 2E+WEngland and Wales

Procedure for giving notice of proposed civil partnershipE+W

4(1)Each notice of proposed civil partnership under Chapter 1 of Part 2 of this Act—U.K.

(a)must be given to a registration authority [F1which is] specified for the purposes of this paragraph by regulations made by the Secretary of State [F2and is the appropriate registration authority], F3. . .

(b)must be delivered to the relevant individual in person by the two proposed civil partners.

[F4(c)may be given only if each of the proposed civil partners has been resident in the area of a registration authority for the period of 7 days immediately before the giving of his or her notice (but the area need not be that of the registration authority to which the notice is given and the proposed civil partners need not have resided in the area of same registration authority), and

(d)must state, in relation to each of the proposed civil partners, the registration authority by reference to the area of which paragraph (c) is satisfied.]

(2)The relevant individual” means such employee or officer or other person provided by the [F5appropriate] registration authority as is determined in accordance with regulations made by the Secretary of State for the purposes of this sub-paragraph.

(3)Regulations under sub-paragraph (2) may, in particular, describe a person by reference to the location or office where he works.

[F6(3A)For the purposes of this paragraph, “the appropriate registration authority” means—

(a)if the proposed civil partners have resided in the area of the same specified registration authority for the period of 7 days immediately before the giving of the notice (“the 7 day period”), that specified registration authority, or

(b)if one or both of the proposed civil partners have resided in the area of a specified registration authority (but not the same specified registration authority) for the 7 day period, the specified registration authority of the area in which one of them has resided for that period, or

(c)if neither of the proposed civil partners has resided in the area of a specified registration authority for the 7 day period, any specified registration authority.

(3B)In sub-paragraph (3A), “specified registration authority” means a registration authority specified for the purposes of sub-paragraph (1)(a) by regulations made under that provision.]

(4)Before making any regulations under this paragraph the Secretary of State must consult the Registrar General.

Textual Amendments

Commencement Information

I1Sch. 23 para. 4 wholly in force at 5.12.2005; Sch. 23 para. 4 not in force at Royal Assent see s. 263; Sch. 23 para. 4 in force for certain purposes at 15.4.2005 by S.I. 2005/1112, art. 2, Sch. 1 and Sch. 23 para. 4 in force otherwise at 5.12.2005 by S.I. 2005/3175, art. 2(1), Sch. 1