Civil Partnership Act 2004 (c. 33)

SCHEDULES

SCHEDULE 3 E+W Registration by former spouses one of whom has changed sex

Modified procedures for certain non-residents E+W

7 (1) Sub-paragraphs (5) to (8) apply (in place of section 20) in the following [F1 two] cases. E+W

(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) F2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) The [F3 second] 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 [F4 an 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) A is not required to give a notice of proposed civil partnership to a registration authority in England or Wales in order to register in England or Wales as B’s civil partner.

[F5 (6) B may make the necessary declaration without reference to A's usual place of residence for any period.]

(7) If, on giving such notice, B makes an election under this paragraph, Chapter 1 of Part 2 applies with the modifications given in paragraphs 4 to 6 and the further modifications in sub-paragraph (8).

(8) The further modifications are that—

(a) 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;

(b) the applicable period is the period of one month beginning with the day on which B’s notice is given;

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

(9) “The relevant provision” means—

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

(b) F6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) if A is [F7 an officer, seaman or marine borne on the books of one of Her Majesty's ships at sea], section 239.

(10) F8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Word in Sch. 3 para. 7(1) substituted (5.12.2005) by The Civil Partnership (Amendments to Registration Provisions) Order 2005 (S.I. 2005/2000), art. 3, Sch. para. 18(2) (subject to art. 1(3))

F2 Sch. 3 para. 7(3) omitted (5.12.2005) by virtue of The Civil Partnership (Amendments to Registration Provisions) Order 2005 (S.I. 2005/2000), art. 3, Sch. para. 18(3) (subject to art. 1(3))

F3 Word in Sch. 3 para. 7(4) substituted (5.12.2005) by The Civil Partnership (Amendments to Registration Provisions) Order 2005 (S.I. 2005/2000), art. 3, Sch. para. 18(4)(a) (subject to art. 1(3))

F4 Words in Sch. 3 para. 7(4) substituted (5.12.2005) by The Civil Partnership (Amendments to Registration Provisions) Order 2005 (S.I. 2005/2000), art. 3, Sch. para. 18(4)(b) (subject to art. 1(3))

F5 Sch. 3 para. 7(6) substituted (5.12.2005) by The Civil Partnership (Amendments to Registration Provisions) Order 2005 (S.I. 2005/2000), art. 3, Sch. para. 18(5) (subject to art. 1(3))

F6 Sch. 3 para. 7(9)(b) omitted (5.12.2005) by virtue of The Civil Partnership (Amendments to Registration Provisions) Order 2005 (S.I. 2005/2000), art. 3, Sch. para. 18(6)(a) (subject to art. 1(3))

F7 Words in Sch. 3 para. 7(9)(c) substituted (5.12.2005) by The Civil Partnership (Amendments to Registration Provisions) Order 2005 (S.I. 2005/2000), art. 3, Sch. para. 18(6)(b) (subject to art. 1(3))

F8 Sch. 3 para. 7(10) omitted (5.12.2005) by virtue of The Civil Partnership (Amendments to Registration Provisions) Order 2005 (S.I. 2005/2000), art. 3, Sch. para. 18(7) (subject to art. 1(3))