Civil Partnership Act 2004

Part 3 Scotland

Application of this Part

8 This Part of this Schedule applies if the civil partnership is to be formed in Scotland.

Procedure for giving notice of proposed civil partnership

9 (1) Notice under section 88—

(a) may be submitted to the district registrar of a district specified for the purposes of this paragraph by regulations made by the Secretary of State, and

(b) may not be submitted to the district registrar of any other registration district.

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

Pre-condition for making entry in civil partnership notice book etc.

10 (1) Where the district registrar to whom notice is submitted by virtue of paragraph 9(1) is the district registrar for the proposed place of registration, he shall neither—

(a) make an entry under section 89, nor

(b) complete a civil partnership schedule under section 94,

in respect of the proposed civil partnership unless satisfied, by the provision of specified evidence, that the intended civil partner subject to immigration control fulfils the qualifying condition.

(2) Where the district registrar to whom notice is so submitted (here the “notified registrar”) is not the district registrar for the proposed place of registration (here the “second registrar”)—

(a) the notified registrar shall, if satisfied as is mentioned in sub-paragraph (1), send the notices and any fee, certificate or declaration which accompanied them, to the second registrar, and

(b) the second registrar shall be treated as having received the notices from the intended partners on the dates on which the notified registrar received them.

(3) “Specified evidence” means such evidence as may be specified in guidance issued by the Secretary of State after consultation with the Registrar General.

Supplementary

11 (1) Part 3 of this Act has effect in any case where this Part of this Schedule applies subject to any necessary modification.

(2) An expression used in this Part of this Schedule and in Part 3 of this Act has the same meaning as in that Part.