The Marriage of Same Sex Couples (Conversion of Civil Partnership) Regulations 2014

InterpretationE+W+N.I.

This section has no associated Explanatory Memorandum

2.  In these Regulations—

“the 1949 Act” means the Marriage Act 1949(1);

“the 2004 Act” means the Civil Partnership Act 2004(2);

“the 2013 Act” means the Marriage (Same Sex Couples) Act 2013;

[F1“appropriate fee” means the fee set out in the Registration of Births, Deaths, Marriages and Civil Partnerships (Fees) Regulations 2016;]

“authorised person”, in relation to a conversion in a country or territory outside the United Kingdom, means a person authorised by the commanding officer of any of Her Majesty’s forces in that country or territory to conduct that conversion or conversions generally;

“civil partnership” [F2(except in the definition of “convertible Northern Ireland civil partnership”)] means a civil partnership which [F3—

(a)

is between two people who are of the same sex, and

(b)

is either an England and Wales civil partnership, or a civil partnership within section 9(3) of the 2013 Act] [F4,

and, in Parts 3 and 4 of these Regulations, also includes a convertible Northern Ireland civil partnership between two people who are of the same sex;]

“civil partnership register” means—

(i)

in the case of an England and Wales civil partnership, the register referred to in section 30(4) of the 2004 Act;

(ii)

in the case of a civil partnership registered in accordance with the Civil Partnership (Registration Abroad and Certificates) Order 2005, the register referred to in article 16 of that Order(3);

(iii)

in the case of a civil partnership registered in accordance with the Civil Partnership (Armed Forces) Order 2005(4), the register referred to in article 2(2) of the Service Departments Registers Order 1959(5);

“conversion” means the conversion of a civil partnership into a marriage under section 9 of the 2013 Act [F5and, in Parts 3 and 4 of these Regulations and in the definition of “authorised person” in this regulation, also includes the conversion of a convertible Northern Ireland civil partnership into a marriage];

“conversion declaration”—

(i)

in Part 2 of these Regulations, has the meaning given in regulation 3(2);

(ii)

in Part 3 of these Regulations, has the meaning given in regulation 32(1);

(iii)

in Part 4 of these Regulations, has the meaning given in regulation 39(1);

“conversion register” has the meaning given in regulation 22(1);

[F6“convertible Northern Ireland civil partnership” means—

(a)

a civil partnership formed by two people registering as civil partners of each other in Northern Ireland under Part 4 of the Civil Partnership Act 2004,

(b)

a civil partnership formed by two people registering as civil partners of each other under the Civil Partnership (Registration Abroad and Certificates) Order 2005 (registration at British consular premises abroad) if Northern Ireland was the relevant part (as defined by article 4(5) of the Order) of the United Kingdom, or

(c)

a civil partnership formed by two people registering as civil partners of each other under the Civil Partnership (Armed Forces) Order 2005 (registration abroad where at least one party has armed-forces connection) if Northern Ireland was the part of the United Kingdom identified under article 5 of the Order;]

“England and Wales civil partnership” has the same meaning as in section 9(7) of the 2013 Act;

“Her Majesty’s forces” has the same meaning as in the Armed Forces Act 2006(6);

“local authority” means—

(i)

a county council in England;

(ii)

a district council in England for an area without a county council;

(iii)

a London borough council;

(iv)

the Common Council of the City of London;

(v)

the Council of the Isles of Scilly;

(vi)

a county or county borough council in Wales;

[F7“occupation” includes rank or profession;]

“register office” means a register office provided under section 10 of the Registration Service Act 1953(7);

“registration authority” has the same meaning as in section 28 of the 2004 Act;

“registration district” means a registration district within the meaning of section 5 of the Registration Service Act 1953(8);

“registration officer” has the same meaning as in paragraph 6 of Schedule 6 to the 2013 Act;

“relevant civilian” means a person who is a relevant civilian for the purposes of Part 3 of Schedule 6 to the 2013 Act and any Order in Council made under that Part;

“United Kingdom national” has the same meaning as in paragraph 15 of Schedule 6 to the 2013 Act.

Textual Amendments

Commencement Information

I1Reg. 2 in force at 10.12.2014, see reg. 1

(3)

S.I. 2005/2761. Article 16 was amended by article 4(a) of S.I. 2012/3063.

(5)

S.I. 1959/406. Article 2(2) was amended by article 2(3) of S.I. 2005/3186.

(7)

1953 c. 37; section 10(1) and (3) was amended by section 251 of, and paragraph 41 of Schedule 29 to, the Local Government Act 1972 (c. 70).

(8)

Section 5(1) was amended by section 251 of, and paragraph 41 of Schedule 29 to, the Local Government Act 1972 (c. 70).