Civil Partnership Act 2004

Yn ddilys o 05/12/2005

Modified procedures for certain non-residents E+W

Prospective

20 Modified procedures for certain non-residents E+W

(1) Subsection (5) applies in the following three cases.

(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) The 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”) resides in Northern Ireland and the other (“B”) resides in England or Wales.

(4) The third 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 a member of Her Majesty’s forces who is serving outside the United Kingdom and the other (“B”) resides in England or Wales.

(5) For the purposes of the standard procedure, the procedure for house-bound persons and the procedure for detained persons—

(a) A is not required to give a notice of proposed civil partnership under this Chapter;

(b) B may give a notice of proposed civil partnership and make the necessary declaration without regard to the requirement that would otherwise apply that A must reside in England or Wales;

(c) the waiting period is calculated by reference to the day on which B’s notice is recorded;

(d) 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;

(e) the applicable period is calculated by reference to the day on which B’s notice is recorded and, where the standard procedure is used in the first and second cases, is the period of 3 months beginning with that day;

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

(6) “The relevant provision” means—

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

(b) if A resides in Northern Ireland, section 150;

(c) if A is a member of Her Majesty’s forces who is serving outside the United Kingdom, section 239.

(7) “Her Majesty’s forces” has the same meaning as in the Army Act 1955 (3 & 4 Eliz. 2 c. 18).