The Marriage and Civil Partnership (Northern Ireland) (No. 2) Regulations 2020

31.—(1) Parts 1, 3 and 4 of the 2014 Regulations(1), except regulation 40, extend also to Northern Ireland.

(2) Those Regulations (as they have effect in accordance with paragraph (1)) are amended as follows.

(3) In regulation 2 (interpretation)—

(a) in the definition of “civil partnership”—

(i) before “means” insert “(except in the definition of “convertible Northern Ireland civil partnership”)”, and

(ii) after paragraph (b) insert—

“,

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;”;

(b) in the definition of “conversion”, after “2013 Act” insert “and, 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”;

(c) after the definition of “conversion register” insert—

““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;”.

(4) In regulation 30, after paragraph (3) insert—

“(4) A conversion under this Part of a convertible Northern Ireland civil partnership is effective only if the signing of the conversion declaration as mentioned in paragraph (1)(b) and (c) takes place before the end of the 3 years beginning with the day the Marriage and Civil Partnership (Northern Ireland) (No. 2) Regulations 2020 come into force.”.

(5) In regulation 31(c), after “civil partnership”, in the second place it occurs, insert “or, if the conversion is of a convertible Northern Ireland civil partnership, a document issued under section 155(3)(b) of the Civil Partnership Act 2004 relating to the registration of their civil partnership”.

(6) In regulation 33, after paragraph (3) insert—

“(4) Where the Registrar General for England and Wales receives under paragraph (2) a copy of an entry relating to—

(a) the conversion of a convertible Northern Ireland civil partnership into a marriage, or

(b) the conversion, under Part 4 of the Marriage and Civil Partnership (Northern Ireland) (No. 2) Regulations 2020, of a marriage into a civil partnership,

the Registrar General for England and Wales must send a certified copy of the entry to the Registrar General for Northern Ireland.

(5) A copy of an entry sent to the Registrar General for Northern Ireland under paragraph (4)(a) is a marriage registration record for the purposes of Article 35 of the Marriage (Northern Ireland) Order 2003(2).

(6) A copy of an entry sent to the Registrar General for Northern Ireland under paragraph (4)(b) is a civil partnership registration record for the purposes of section 155 of the Civil Partnership Act 2004(3).”.

(7) In regulation 37, after paragraph (2) insert—

“(3) A conversion under this Part of a convertible Northern Ireland civil partnership is effective only if the signing of the conversion declaration as mentioned in paragraph (1)(b) and (c) takes place before the end of the 3 years beginning with the day the Marriage and Civil Partnership (Northern Ireland) (No. 2) Regulations 2020 come into force.”.

(8) In regulation 38(c), after “civil partnership”, in the second place it occurs, insert “or, if the conversion is of a convertible Northern Ireland civil partnership, a document issued under section 155(3)(b) of the Civil Partnership Act 2004 relating to the registration of their civil partnership”.

(1)

In Part 1, the definition of “civil partnership” in regulation 2 was amended by S.I. 2019/1458. Regulation 2 was also amended by S.I. 2016/911.

(2)

Article 35(5) to (8) were added by the Civil Registration Act (Northern Ireland) 2011 (c.20 (N.I.)).

(3)

Section 155(6) to (9) were added by the Civil Registration Act (Northern Ireland) 2011.