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

Services Departments Registers Order 1959

33.—(1) The Services Departments Registers Order 1959(1) is amended as follows.

(2) In article 1(2) (“marriages” includes those resulting from conversion), before the “and” at the end of sub-paragraph (a) insert—

“(aa) the conversion of a convertible Northern Ireland civil partnership under Part 4 of the Marriage of Same Sex Couples (Conversion of Civil Partnership) Regulations 2014 (conversion abroad where there is an armed-forces connection);”.

(3) In article 1, after paragraph (3) insert—

“(4) In this Order, “civil partnerships” includes civil partnerships which result from the conversion of a convertible Northern Ireland marriage under Part 5 of the Marriage and Civil Partnership (Northern Ireland) (No. 2) Regulations 2020 (conversion abroad where there is an armed-forces connection).

(5) In this Order—

“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;

“convertible Northern Ireland marriage” means—

(a)

a marriage solemnised in Northern Ireland,

(b)

a marriage solemnised under Part 2 of the Consular Marriages and Marriages under Foreign Law (No. 2) Order 2014 (solemnisation at British consular premises abroad) if Northern Ireland was the relevant part (as defined by article 3 of the Order) of the United Kingdom,

(c)

a marriage solemnised under the Overseas Marriage (Armed Forces) Order 2014 (solemnisation abroad where at least one party has armed-forces connection) if Northern Ireland was the relevant part (as defined by article 4 of the Order) of the United Kingdom, or

(d)

a marriage otherwise formed under the law of Northern Ireland.”.

(4) In article 3(2) (which in sub-paragraphs (a) to (f) lists the qualified informants whose signatures do not need to be attested), before the “or” at the end of sub-paragraph (e) insert—

“(ea) a person who has carried out a conversion of a convertible Northern Ireland civil partnership into a marriage under Part 4 of the Marriage of Same Sex Couples (Conversion of Civil Partnership) Regulations 2014 (conversion abroad where there is an armed-forces connection),

(eb) a person who has carried out a conversion of a convertible Northern Ireland marriage into a civil partnership under Part 5 of the Marriage and Civil Partnership (Northern Ireland) (No. 2) Regulations 2020 (conversion abroad where there is an armed-forces connection),”.

(5) In article 3(4)(c) (meaning of “qualified informant” in relation to a marriage), before the “or” at the end of paragraph (iii) insert—

“(iiia) the person who has carried out a conversion of a convertible Northern Ireland civil partnership under Part 4 of the Marriage of Same Sex Couples (Conversion of Civil Partnership) Regulations 2014;”.

(6) In article 3(4)(d) (meaning of “qualified informant” in relation to a civil partnership), for “, either party to the civil partnership.” substitute—

“—

(i) either party to the civil partnership, or

(ii) the person who has carried out a conversion of a convertible Northern Ireland marriage under Part 5 of the Marriage and Civil Partnership (Northern Ireland) (No. 2) Regulations 2020.”.

(7) In article 7 (transmission of entries and registers to Registrars General), after paragraph (5) insert—

“(6) If—

(a) it appears to the Registrar General for England and Wales that a certified copy of an entry in register transmitted to him under this Order records—

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

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

(b) a copy of that entry would not otherwise be sent,

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

(7) A copy of an entry which—

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

(b) is sent to the Registrar General for Northern Ireland under paragraph (5) or (6),

is a marriage registration record for the purposes of Article 35 of the Marriage (Northern Ireland) Order 2003.

(8) A copy of an entry which—

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

(b) is sent to the Registrar General for Northern Ireland under paragraph (5) or (6),

is a civil partnership registration record for the purposes of section 155 of the Civil Partnership Act 2004.”.

(1)

S.I. 1959/406. Article 1(2) and (3), and article 3(2)(d) to (f) and (4)(c)(ii) to (iv), were inserted by S.I. 2014/3061, and extended to Northern Ireland by regulation 149(c) of S.I. 2019/1514. Article 3(4)(d) was inserted, and article 7(5) was amended, by S.I. 2005/3186.