http://www.legislation.gov.uk/ukpga/2004/33/bodyCivil Partnership Act 2004An Act to make provision for and in connection with civil partnership.texttext/xmlenStatute Law Database2026-01-20Expert Participation2025-12-01 Part 1 IntroductionCivil partnership11A civil partnership is a relationship between two people ... (“civil partners”)—awhich is formed when they register as civil partners of each other—iin England or Wales (under Part 2),iiin Scotland (under Part 3),iiiin Northern Ireland (under Part 4), orivoutside the United Kingdom under an Order in Council made under Chapter 1 of Part 5 (registration at British consulates etc. or by armed forces personnel), orbwhich they are treated under Chapter 2 of Part 5 as having formed (at the time determined under that Chapter) by virtue of having registered an overseas relationship , orcwhich results from the conversion, under Part 3, 4 or 5 of the Marriage and Civil Partnership (Northern Ireland) (No. 2) Regulations 2020, of their marriage.2Subsection (1) is subject to the provisions of this Act under or by virtue of which a civil partnership is void.3 a A civil partnership ends only on death, dissolution or annulment , orbin the case of a civil partnership formed as mentioned in subsection (1)(a)(i) or (iv), on the conversion of the civil partnership into a marriage under section 9 of the Marriage (Same Sex Couples) Act 2013 , orcon its coming to an end in accordance with section 11(2)(a) of the Marriage and Civil Partnership (Scotland) Act 2014 (asp 5) (ending of civil partnership formed as mentioned in subsection (1)(a)(ii) or (iv) on its being changed to a marriage under section 10 of that Act, and ending of certain civil partnerships where the civil partners marry in accordance with the Marriage (Scotland) Act 1977) , ordin the case of a civil partnership formed as mentioned in subsection (1)(a)(iii) or (iv), on the conversion of the civil partnership into a marriage—iunder Part 3 of the Marriage and Civil Partnership (Northern Ireland) (No. 2) Regulations 2020, oriiunder Part 3 or 4 of the Marriage of Same Sex Couples (Conversion of Civil Partnership) Regulations 2014.3ASubsection (3) is subject to section 11(2)(a) of the Marriage and Civil Partnership (Scotland) Act 2014 (ending of certain civil partnerships on marriage under Scots law).4The references in subsection (3) to dissolution and annulment are to dissolution and annulment having effect under or recognised in accordance with this Act.5References in this Act to an overseas relationship are to be read in accordance with Chapter 2 of Part 5.Part 2Civil partnership: England and WalesChapter 1Registration<Emphasis>Formation, eligibility and parental etc. consent</Emphasis>Formation of civil partnership by registration21For the purposes of section 1, two people are to be regarded as having registered as civil partners of each other once each of them has signed the civil partnership document—aat the invitation of, and in the presence of, a civil partnership registrar, andbin the presence of each other and two witnesses.2Subsection (1) applies regardless of whether subsections (3) and (4) are complied with.3After the civil partnership document has been signed under subsection (1), it must also be signed, in the presence of the civil partners and each other, by—aeach of the two witnesses, andbthe civil partnership registrar.4After the witnesses and the civil partnership registrar have signed the civil partnership document, the relevant registration authority must ensure that—athe fact that the two people have registered as civil partners of each other, andbany other information prescribed by regulations,is recorded in the register as soon as is practicable.5No religious service is to be used while the civil partnership registrar is officiating at the signing of a civil partnership document.6“The civil partnership document” has the meaning given by section 7(1).7“The relevant registration authority” means the registration authority in whose area the registration takes place.Eligibility31Two people are not eligible to register as civil partners of each other if—a. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .beither of them is already a civil partner or lawfully married,ceither of them is under 18, ...dthey are within prohibited degrees of relationship , oreeither of them is serving a life sentence in a prison or other place of detention and is subject to a whole life order.1ABut two people are not ineligible to register as civil partners of each other by reason of either of them falling within paragraph (e) of subsection (1) if each of them falling within that paragraph has permission from the Secretary of State to register as a civil partner of the other.1BThe Secretary of State may not give permission under subsection (1A) unless satisfied that exceptional circumstances exist which justify the permission being given.2Part 1 of Schedule 1 contains provisions for determining when two people are within prohibited degrees of relationship.3In this section—“life sentence” has the meaning given by section 34(2) of the Crime (Sentences) Act 1997;“whole life order” means an order that section 28(5) to (8) of that Act (early release of person serving life sentence) is not to apply to a person.4A person is to be treated for the purposes of this section as being subject to a whole life order if—athe person is serving a life sentence passed before 18 December 2003,bthe sentence was passed in circumstances where the sentence was fixed by law,cbefore 18 December 2003 the person was notified in writing by the Secretary of State (otherwise than in a notice expressed to be provisional) that the Secretary of State does not intend that the person should ever be released on licence, anddan order has not been made in relation to the sentence under paragraph 3(1)(a) of Schedule 22 to the Criminal Justice Act 2003 (mandatory life sentences: transitional cases). Parental etc. consent where proposed civil partner under 184. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .<Emphasis>Registration procedure: general</Emphasis>Types of pre-registration procedure51Two people may register as civil partners of each other under—athe standard procedure;bthe procedure for house-bound persons;cthe procedure for detained persons;dthe special procedure (which is for cases where a person is seriously ill and not expected to recover).2The procedures referred to in subsection (1)(a) to (c) are subject to—asection 20 (modified procedures for certain non-residents);bSchedule 3 (former spouses one of whom has changed sex).3The procedures referred to in subsection (1) (including the procedures as modified by section 20 and Schedule 3) are subject to—aPart 2 of Schedule 1 (provisions applicable in connection with prohibited degrees of relationship), ...b. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4This section is also subject to section 249 and Schedule 23 (immigration control and formation of civil partnerships).Place of registration61The place at which two people may register as civil partners of each other—amust be in England or Wales,b. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .cmust be specified in the notices, or notice, of proposed civil partnership required by this Chapter.2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3Subsections (3A) and (3B) apply in the case of registration under the standard procedure (including that procedure modified as mentioned in section 5).3AThe place must be—aon approved premises, orbin a register office.3BIf it is in a register office, the place must be open to any person wishing to attend the registration.3CIn this Chapter “register office” means a register office provided under section 10 of the Registration Service Act 1953.3DWhere, further to regulations under section 6A of this Act or section 2 of the Civil Partnerships, Marriages and Deaths (Registration etc) Act 2019, an approval of premises for the purposes of subsection (3A)(a) has effect—aonly in relation to civil partnerships formed by two people of the same sex, orbonly in relation to civil partnerships formed by two people of the opposite sex,the premises are “approved premises”, for the purposes of this Part, only in relation to civil partnerships of that sort.4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .<Addition ChangeId="d29p512" CommentaryRef="c20585511">Power to approve premises</Addition>6A1The Secretary of State may by regulations make provision for and in connection with the approval by registration authorities of premises for the purposes of section 6(3A)(a).2The matters dealt with by regulations may include—athe kind of premises in respect of which approvals may be granted;bthe procedure to be followed in relation to applications for approval;cthe considerations to be taken into account by a registration authority in determining whether to approve any premises;dthe duration and renewal of approvals;ethe conditions that must or may be imposed by a registration authority on granting or renewing an approval;fthe determination and charging by registration authorities of fees in respect of applications for the approval of premises and in respect of the renewal of approvals;gthe circumstances in which a registration authority must or may revoke an approval;hthe review of any decision to refuse an approval or the renewal of an approval, to impose conditions on granting or renewing an approval or to revoke an approval;ithe notification to the Registrar General of all approvals granted, renewed or revoked;jthe keeping by registration authorities of registers of approved premises;kthe issue by the Registrar General of guidance supplementing the provision made by the regulations.2ARegulations under this section may provide that premises approved for the registration of civil partnerships may differ from those premises approved for the registration of civil marriages.2BProvision by virtue of subsection (2)(b) may, in particular, provide that applications for approval of premises may only be made with the consent (whether general or specific) of a person specified, or a person of a description specified, in the provision.2CThe power conferred by section 258(2), in its application to the power conferred by this section, includes in particular—apower to make provision in relation to religious premises that differs from provision in relation to other premises;bpower to make different provision for different kinds of religious premises.3Without prejudice to the width of subsection (2)(e), the Secretary of State must exercise his power to provide for the imposition of conditions as mentioned there so as to secure that members of the public are permitted to attend when two people sign the civil partnership schedule on approved premises in accordance with section 6(3A)(a).3A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3B“Civil marriage” means marriage solemnised otherwise than according to the rites of the Church of England or any other religious usages.3C“Religious premises” means premises which—aare used solely or mainly for religious purposes, orbhave been so used and have not subsequently been used solely or mainly for other purposes.The civil partnership document71In this Part “the civil partnership document” means—ain relation to the special procedure, a Registrar General’s licence, andbin relation to any other procedure, a civil partnership schedule.2Before two people are entitled to register as civil partners of each other—athe civil partnership document must be delivered to the civil partnership registrar, andbthe civil partnership registrar may then ask them for any information required (under section 2(4)) to be recorded in the register.<Emphasis>The standard procedure</Emphasis>Notice of proposed civil partnership and declaration81For two people to register as civil partners of each other under the standard procedure a notice of proposed civil partnership must be given—aif the proposed civil partners have resided in the area of the same registration authority for the period of 7 days immediately before the giving of the notice, by each of them to that registration authority;bif the proposed civil partners have not resided in the area of the same registration authority for that period, by each of them to the registration authority in whose area he or she has resided for that period.2A notice of proposed civil partnership must contain such information as may be prescribed by regulations.3A notice of proposed civil partnership must also include the necessary declaration, made and signed by the person giving the notice—aat the time when the notice is given, andbin the presence of an authorised person;and the authorised person must attest the declaration by adding his name, description and place of residence.4The necessary declaration is a solemn declaration in writing—athat the proposed civil partner believes that there is no impediment of kindred or affinity or other lawful hindrance to the formation of the civil partnership;bthat the proposed civil partners have for the period of 7 days immediately before the giving of the notice had their usual places of residence in the area of the registration authority, or in the areas of the registration authorities, to which notice is given.cthat the proposed civil partner believes all of the information stated in the notice, and all information and evidence supplied with the notice, is true.5Where a notice of proposed civil partnership is given to a registration authority in accordance with this section, the registration authority must ensure that the following information is recorded in the register as soon as possible—athe fact that the notice has been given and the information in it;bthe fact that the authorised person has attested the declaration.5ASubsection (5) is subject to section 9F.6“Authorised person” means an employee or officer or other person provided by a registration authority who is authorised by that authority to attest notices of proposed civil partnership.7For the purposes of this Chapter, a notice of proposed civil partnership is recorded when subsection (5) is complied with.<Addition ChangeId="key-0560a34100030ae65a8dd48097c9c2fc-1563447309016" CommentaryRef="key-0560a34100030ae65a8dd48097c9c2fc">Additional information if party not relevant national</Addition>8A1This section applies to notice of proposed civil partnership given to a registration authority in accordance with section 8 if one, or each, of the parties to the proposed civil partnership is not a relevant national.2But this section does not apply if Schedule 3 applies to the proposed civil partnership.3For each party to the proposed civil partnership who is not a relevant national, the notice must include whichever of statements A, B or C is applicable to that person.4Statement A is a statement that the person has the appropriate immigration status.5Statement B is a statement that the person holds a relevant visa in respect of the proposed civil partnership.6Statement C is a statement that the person neither—ahas the appropriate immigration status, norbholds a relevant visa in respect of the proposed civil partnership.7If the notice contains the statement referred to in the first column of an entry in this table, the notice must be accompanied by the information and photographs referred to in the second column of that entry (insofar as that entry is applicable to the parties to the proposed civil partnership)—If the notice includes this statement......the notice must be accompanied by...Statement A (in respect of one or both of the parties to the proposed civil partnership)For each party in respect of whom statement A is made, details of the particular immigration status which that party hasStatement B (in respect of one or both of the parties to the proposed civil partnership)1For each party, a specified photograph of that party2For each party in respect of whom statement B is made, details of the relevant visa which that party hasStatement C (in respect of one or both of the parties to the proposed civil partnership)1For each party, a specified photograph of that party2For each party, the usual address of that party3For each party whose usual address is outside the United Kingdom, an address in the United Kingdom at which that party can be contacted by post4For each party who has previously used any name or names other than the person's name stated in the notice of proposed civil partnership in accordance with regulations under section 8(2), a statement of the other name or names5For each party who currently uses, or has previously used, an alias or aliases, a statement of the alias or aliases8If the notice contains more than one of statements A, B and C, subsection (7) must be complied with in relation to each of those statements; but where the notice contains statements B and C, subsection (7) does not require the notice to be accompanied by more than one specified photograph of each party.9If the notice includes statement C for a party to the proposed civil partnership—athe notice may be accompanied by a statement (“statement D”) of that person's immigration position in the United Kingdom;bif the notice is accompanied by statement D for a party to the proposed civil partnership, the person may provide the registration authority with details of his or her immigration position in the United Kingdom; andcif any such details are provided, the registration authority must record them.10In this section—aa reference—ito a person having the appropriate immigration status, oriito a person holding a relevant visa,has the same meaning as in section 49 of the Immigration Act 2014;ba reference to the particular immigration status which a person has is a reference to the immigration status set out in any of paragraphs (a) to (c) of section 49(2) of that Act which the person has;ca reference to a person's immigration position in the United Kingdom includes a reference to the person's not being entitled to be in the United Kingdom.11In this section “specified photograph” means a photograph that is in accordance with regulations made under section 9E (and for this purpose “photograph” includes other kinds of images).<Addition ChangeId="key-30a255610c30acfe21be426b35ad7e74-1563447165592" CommentaryRef="key-30a255610c30acfe21be426b35ad7e74">Evidence</Addition>91A notice of proposed civil partnership under section 8 must, in relation to each of the parties to the civil partnership, be accompanied by specified evidence of the following matters—athe person's name and surname;bthe person's date of birth;cthe person's place of residence;dthe person's nationality.1AIf a party to the proposed civil partnership is a relevant national within the meaning of section 30A(ab) the notice of proposed civil partnership under section 8 must also be accompanied—awhere the party falls within section 30A(ab)(i), by an electronic certificate which confirms that the leave referred to in that provision has been granted; orbwhere the party falls within section 30A(ab)(ii)—iby a certificate of application which confirms that the application referred to in regulation 4 of the Citizens' Rights (Application Deadline and Temporary Protection) (EU Exit) Regulations 2020 has been made; andiiby evidence that the relevant period referred to in regulation 4 of those Regulations has not expired.2A person giving a notice of proposed civil partnership under section 8 must provide the registration authority to which the notice is given with specified evidence—aas to whether the person has previously formed a civil partnership or been married; andbif so, as to the ending of the civil partnership or marriage.3In this section “specified evidence” means evidence that is in accordance with regulations made under section 9E.<Addition ChangeId="key-30a255610c30acfe21be426b35ad7e74-1563447165592" CommentaryRef="key-30a255610c30acfe21be426b35ad7e74">Additional evidence if party not relevant national</Addition>9A1This section applies to notice of proposed civil partnership given to a registration authority in accordance with section 8 if one, or each, of the parties to the proposed civil partnership is not a relevant national.2If the notice includes statement A (referred to in section 8A(4)), and accordingly is accompanied by details of the particular immigration status which a party to the proposed civil partnership has, the notice must be accompanied by specified evidence of that status.3If the notice includes statement B (referred to in section 8A(5)), the notice must be accompanied by specified evidence of the holding of the relevant visa by the party to the proposed civil partnership.4If, in accordance with section 8A(7), the notice is accompanied by the usual address of a party to the proposed civil partnership, the notice must also be accompanied by specified evidence that it is that party's usual address.5If the notice includes statement D (referred to in section 8A(9)), the notice may be accompanied by evidence of the person's immigration position in the United Kingdom.6If subsection (2) or (3) applies to the notice, and the notice is not accompanied by the specified evidence required by that subsection, the notice must be accompanied by—aphotographs and addresses of the kinds referred to in paragraphs 1 and 2 in the relevant entry in section 8A(7);bas respects the usual address of each party that is provided in accordance with paragraph (a), specified evidence that the address provided is that party's usual address; andcaddresses, names and aliases of the kinds referred to in paragraphs 3 to 5 in the relevant entry in section 8A(7) (insofar as those paragraphs are applicable to the parties to the proposed civil partnership).7In this section—“relevant entry in section 8A(7)” means the second column of the last entry in the table in section 8A(7);“specified evidence” means evidence that is in accordance with regulations made under section 9E.<Addition ChangeId="key-30a255610c30acfe21be426b35ad7e74-1563447165592" CommentaryRef="key-30a255610c30acfe21be426b35ad7e74">Change of usual address or </Addition><Acronym Expansion="United Kingdom"><Addition ChangeId="key-30a255610c30acfe21be426b35ad7e74-1563447165592" CommentaryRef="key-30a255610c30acfe21be426b35ad7e74">UK</Addition></Acronym><Addition ChangeId="key-30a255610c30acfe21be426b35ad7e74-1563447165592" CommentaryRef="key-30a255610c30acfe21be426b35ad7e74"> contact address</Addition>9B1The Secretary of State may, by regulations, make provision about the giving to the Secretary of State of—anotice of a person's usual address, if the person's notified usual address changes;bnotice of a UK contact address, if the person's notified usual address is not in the United Kingdom;cnotice of a person's UK contact address, if the person's notified UK contact address changes;devidence of any address notified in accordance with regulations under paragraph (a), (b) or (c).2The provision that may be made in regulations under this section includes—aprovision imposing a requirement on a person;bprovision about the rejection of information or evidence which there are reasonable grounds to suspect to be false.3Regulations under subsection (1)(d) may, in particular, make any provision of the kind that may be made under section 9E(3).4In this section—“notified UK contact address” means an address in the United Kingdom, at which a person can be contacted by post, that has been notified in accordance with—section 8A(7) or 9A(6), orregulations under this section;“notified usual address” means the usual address of a person that has been notified in accordance with—section 8A(7) or 9A(6), orregulations under this section.<Addition ChangeId="key-30a255610c30acfe21be426b35ad7e74-1563447165592" CommentaryRef="key-30a255610c30acfe21be426b35ad7e74">Rejection of false information or evidence</Addition>9C1A registration authority may reject—aany information or photograph provided under section 8, 8A or 9A, orbany evidence provided under section 9 or 9A,if (in particular) the registration authority has reasonable grounds for suspecting that the information, photograph or evidence is false.2If the registration authority rejects any information, photograph or evidence, the registration authority may proceed under this Act as if the rejected information, photograph or evidence had not been provided.3This section does not limit the powers of registration authorities to reject anything provided under any other enactment.<Addition ChangeId="key-30a255610c30acfe21be426b35ad7e74-1563447165592" CommentaryRef="key-30a255610c30acfe21be426b35ad7e74">Amendment of notice and evidence provisions</Addition>9D1The Secretary of State may by order—aamend section 8A or 9A so as to vary the information that must or may be given in cases where that section applies;bamend section 9 or 9A so as to vary the matters in respect of which specified evidence must or may be given in cases where that section applies;cmake such provision (including provision amending section 9B or 9E or any other enactment) as the Secretary of State considers appropriate in consequence of provision made under paragraph (a) or (b).2The Secretary of State must consult the Registrar General before making an order under this section.<Addition ChangeId="key-30a255610c30acfe21be426b35ad7e74-1563447165592" CommentaryRef="key-30a255610c30acfe21be426b35ad7e74">Specified evidence</Addition>9E1The Registrar General may make regulations about the evidence that is required to be given for the purposes of section 9.2The Secretary of State may make regulations about the evidence that is required to be given for the purposes of section 9A.3Regulations under this section may, in particular, make provision about—athe kind of evidence which is to be supplied;bthe form in which evidence is to be supplied;cthe manner in which evidence is to be supplied;dthe period within which evidence is to be supplied;ethe supply of further evidence;fthe sufficiency of evidence supplied;gthe consequences of failing to supply sufficient evidence in accordance with the regulations (including provision to secure that, in such a case, a particular decision is made or is to be treated as having been made);hthe retention or copying of evidence supplied.4In this section “evidence” includes a photograph or other image.5The Registrar General must obtain the approval of the Secretary of State before making regulations under this section.6The Secretary of State must consult the Registrar General before making regulations under this section.<Addition ChangeId="key-30a255610c30acfe21be426b35ad7e74-1563447165592" CommentaryRef="key-30a255610c30acfe21be426b35ad7e74">Recording of information in the register: compliance with requirements</Addition>9FThe registration authority must not enter in the register the information relating to a proposed civil partnership mentioned in section 8(5) in a case where any of the requirements imposed by or under any of the following provisions of this Act is applicable but is not complied with—section 8A(3) to (7);section 8A(8);section 9(1);section 9A(4) or (6);section 18(3);section 19(3); section 19(5A); paragraph 5(1) of Schedule 1;paragraph 4 of Schedule 23.<Addition ChangeId="key-30a255610c30acfe21be426b35ad7e74-1563447165592" CommentaryRef="key-30a255610c30acfe21be426b35ad7e74">Proposed civil partnership to be publicised</Addition>101Where a notice of proposed civil partnership has been given to a registration authority, the registration authority must keep the relevant information on public display during the waiting period.2“The relevant information” means—athe name of the person giving the notice,bthe name of that person’s proposed civil partner, andcsuch other information included in the notice of proposed civil partnership as may be prescribed by regulations.3All information that a registration authority is required for the time being to keep on public display under subsection (1) must be kept on display by it at one register office provided for a district within its area.<Addition ChangeId="key-30a255610c30acfe21be426b35ad7e74-1563447165592" CommentaryRef="key-30a255610c30acfe21be426b35ad7e74">Meaning of “the waiting period”</Addition>11In this Chapter “the waiting period”, in relation to a notice of proposed civil partnership, means the period—abeginning the day after the notice is recorded, andbsubject to section 12, ending at the end of the period of 28 days beginning with that day.<Addition ChangeId="key-30a255610c30acfe21be426b35ad7e74-1563447165592" CommentaryRef="key-30a255610c30acfe21be426b35ad7e74">Power to shorten the waiting period</Addition>121If the Registrar General, on an application being made to him, is satisfied that there are compelling reasons because of the exceptional circumstances of the case for shortening the period of 28 days mentioned in section 11(b), he may shorten it to such period as he considers appropriate.2Regulations may make provision with respect to the making, and granting, of applications under subsection (1).3Regulations under subsection (2) may provide for—athe power conferred by subsection (1) to be exercised by a registration authority on behalf of the Registrar General in such classes of case as are prescribed by the regulations;bthe making of an appeal to the Registrar General against a decision taken by a registration authority in accordance with regulations made by virtue of paragraph (a).4If a proposed civil partnership is referred to the Secretary of State under section 12A—aany application under subsection (1) is to be made to the Secretary of State; andbthe power conferred by subsection (1) is exercisable by the Secretary of State.5If the Secretary of State grants an application made under subsection (1), the Secretary of State must give notice of the grant of the application to—athe applicant,bthe registration authority to which notice of the proposed civil partnership was given, andcif different, the registration authority responsible for issuing the civil partnership schedule under section 14(1) in relation to the proposed civil partnership.6Regulations under subsection (2) do not apply to applications made to the Secretary of State in accordance with subsection (4).7The Secretary of State may by regulations make provision with respect to the making, and granting, of applications made in accordance with subsection (4).8The Secretary of State must consult the Registrar General before making regulations under subsection (7).<Addition ChangeId="key-30a255610c30acfe21be426b35ad7e74-1563447165592" CommentaryRef="key-30a255610c30acfe21be426b35ad7e74"><Addition ChangeId="key-cf7a10c346853c4612a9f207be36b527-1563447366423" CommentaryRef="key-cf7a10c346853c4612a9f207be36b527">Referral of proposed civil partnership to Secretary of State</Addition></Addition>12A1On every occasion when notice of proposed civil partnership is given under section 8, the registration authority must decide whether or not each of the parties to the proposed civil partnership is an exempt person.2But this section does not apply if Schedule 3 applies to the proposed civil partnership.3In making a decision under subsection (1) about a party to a proposed civil partnership, a registration authority may rely on any advice given in relation to that decision by the Secretary of State.4In a case where—asection 8A applies to the notice of proposed civil partnership, andbspecified evidence required by section 9A(2) or (3) in relation to a party to the proposed civil partnership is not produced in accordance with that section,the registration authority must decide that that party to the proposed civil partnership is not an exempt person.5If the registration authority decides that either of the parties is not an exempt person, or that both of the parties are not exempt persons, the registration authority must—arefer the proposed civil partnership to the Secretary of State;bnotify the parties to the proposed civil partnership that the proposed civil partnership must be referred to the Secretary of State;cgive the parties to the proposed civil partnership prescribed information about—ithe effects of the referral;iithe requirement under regulations under section 9B to notify the Secretary of State of changes of address.6The registration authority must act in accordance with regulations when complying with the duty in subsection (5)(a) to refer a proposed civil partnership to the Secretary of State.7Regulations may, in particular, make provision about—athe form, manner or timing of the referral of a proposed civil partnership;binformation, photographs or evidence — or copies of any of those things — to be included with the referral of a proposed civil partnership.8If the registration authority refers the proposed civil partnership to the Secretary of State, this Act has effect in relation to the proposed civil partnership subject to the modifications in Schedule 3A.9In this section—aa reference to a person being an exempt person has the same meaning as in section 49 of the Immigration Act 2014;b“prescribed information” means information prescribed in regulations;c“regulations” means regulations made by the Secretary of State after consulting the Registrar General.<Addition ChangeId="key-30a255610c30acfe21be426b35ad7e74-1563447165592" CommentaryRef="key-30a255610c30acfe21be426b35ad7e74">Objection to proposed civil partnership</Addition>131Any person may object to the issue of a civil partnership schedule under section 14 by giving any registration authority notice of his objection.2A notice of objection must—astate the objector’s place of residence and the ground of objection, andbbe signed by or on behalf of the objector.3If a notice of objection is given to a registration authority, it must ensure that the fact that it has been given and the information in it are recorded in the register as soon as possible.<Addition ChangeId="key-30a255610c30acfe21be426b35ad7e74-1563447165592" CommentaryRef="key-30a255610c30acfe21be426b35ad7e74">Issue of civil partnership schedule</Addition>141As soon as the waiting period in relation to each notice of proposed civil partnership has expired, the registration authority in whose area it is proposed that the registration take place is under a duty, at the request of one or both of the proposed civil partners, to issue a document to be known as a “civil partnership schedule”.2Regulations may make provision as to the contents of a civil partnership schedule.3The duty in subsection (1) does not apply if the registration authority is not satisfied that there is no lawful impediment to the formation of the civil partnership.4If an objection to the issue of the civil partnership schedule has been recorded in the register, no civil partnership schedule is to be issued until—athe relevant registration authority has investigated the objection and is satisfied that the objection ought not to obstruct the issue of the civil partnership schedule, orbthe objection has been withdrawn by the person who made it.5“The relevant registration authority” means the authority which first records that a notice of proposed civil partnership has been given by one of the proposed civil partners.6This section has effect subject to section 14A.<Addition ChangeId="key-e23fa776f2cc18e7451ee943133a8012-1565321541020" CommentaryRef="key-e23fa776f2cc18e7451ee943133a8012">Notice of proposed civil partnership: false information or evidence</Addition>14A1A registration authority may refuse to issue a civil partnership schedule under section 14(1) in a case where—anotice of a proposed civil partnership has been given under section 8, andba registration authority has reasonable grounds for suspecting that a relevant decision was made incorrectly because of the provision of false information or evidence.2If a registration authority refuses to issue the schedule, the parties to the proposed civil partnership are to be taken not to have given notice under section 8; but that does not prevent criminal proceedings from being brought against either party, or any other person, in relation to the giving of the notice.3This section does not limit the powers of registration authorities to refuse to issue civil partnership schedules.4In this section—“evidence” includes a photograph or other image;“exempt person” has the same meaning as in section 12A;“relevant decision” means a decision of a registration authority that a party to the proposed civil partnership is an exempt person.Appeal against refusal to issue civil partnership schedule151If the registration authority refuses to issue a civil partnership schedule—abecause an objection to its issue has been made under section 13, orbin reliance on section 14(3) or 14A,either of the proposed civil partners may appeal to the Registrar General.2On an appeal under this section the Registrar General must either confirm the refusal or direct that a civil partnership schedule be issued.3In a case where—ain reliance on section 14A, a registration authority refuses to issue a civil partnership schedule, andbon an appeal against the refusal, the Registrar General directs that a civil partnership schedule be issued,section 14A(2) is of no effect — and is to be taken to have never had any effect — in relation to the parties' giving of notice under section 8.Frivolous objections and representations <Addition ChangeId="key-ebea4d10d34bfd05ede61f16584b184b-1565234095550" CommentaryRef="key-ebea4d10d34bfd05ede61f16584b184b">and appeals</Addition>: liability for costs etc.161Subsection (3) applies if—aa person objects to the issue of a civil partnership schedule, butbthe Registrar General declares that the grounds on which the objection is made are frivolous and ought not to obstruct the issue of the civil partnership schedule.2Subsection (3) also applies if—ain reliance on section 14(3), the registration authority refuses to issue a civil partnership schedule as a result of a representation made to it, andbon an appeal under section 15 against the refusal, the Registrar General declares that the representation is frivolous and ought not to obstruct the issue of the civil partnership schedule.3The person who made the objection or representation is liable for—athe costs of the proceedings before the Registrar General, andbdamages recoverable by the proposed civil partner to whom the objection or representation relates.3AIf—ain reliance on section 14A, a registration authority refuses to issue a civil partnership schedule, andbon an appeal against the refusal, the Registrar General declares that the appeal is frivolous,the person making the appeal is liable for the costs of the proceedings before the Registrar General.4For the purpose of enabling any person to recover any costs and damages in accordance with subsection (3) or (3A), a copy of a declaration of the Registrar General purporting to be sealed with the seal of the General Register Office is evidence that the Registrar General has made the declaration.<Addition ChangeId="key-30a255610c30acfe21be426b35ad7e74-1563447165592" CommentaryRef="key-30a255610c30acfe21be426b35ad7e74">Period during which registration may take place</Addition>171The proposed civil partners may not register as civil partners of each other on the production of the civil partnership schedule until the waiting period in relation to each notice of proposed civil partnership has expired.2Subject to subsection (1), under the standard procedure, they may register as civil partners by signing the civil partnership schedule at any time during the applicable period ....3If they do not register as civil partners by signing the civil partnership schedule before the end of the applicable period—athe notices of proposed civil partnership and the civil partnership schedule are void, andbno civil partnership registrar may officiate at the signing of the civil partnership schedule by them.4The applicable period, in relation to two people registering as civil partners of each other, is the period of 12 months beginning with—athe day on which the notices of proposed civil partnership are recorded, orbif the notices are not recorded on the same day, the earlier of those days.<Emphasis>The procedures for house-bound and detained persons</Emphasis>House-bound persons181This section applies if two people wish to register as civil partners of each other at the place where one of them is house-bound.2A person is house-bound at any place if, in relation to that person, a statement is made by a registered medical practitioner that, in his opinion—abecause of illness or disability, that person ought not to move or be moved from the place where he is at the time when the statement is made, andbit is likely to be the case for at least the following 3 months that because of the illness or disability that person ought not to move or be moved from that place.3The procedure under which the two people concerned may register as civil partners of each other is the same as the standard procedure, except that—aeach notice of proposed civil partnership must be accompanied by a statement under subsection (2) (“a medical statement”), which must have been made not more than 14 days before the day on which the notice is recorded,bthe fact that the registration authority to whom the notice is given has received the medical statement must be recorded in the register, andcthe applicable period (for the purposes of section 17) is the period of 3 months beginning with—ithe day on which the notices of proposed civil partnership are recorded, oriiif the notices are not recorded on the same day, the earlier of those days.4A medical statement must contain such information and must be made in such manner as may be prescribed by regulations.5A medical statement may not be made in relation to a person who is detained as described in section 19(2).6For the purposes of this Chapter, a person in relation to whom a medical statement is made is to be treated, if he would not otherwise be so treated, as resident and usually resident at the place where he is for the time being.Detained persons191This section applies if two people wish to register as civil partners of each other at the place where one of them is detained.2“Detained” means detained—aas a patient in a hospital (but otherwise than by virtue of section 2, 4, 5, 35, 36 or 136 of the Mental Health Act 1983 (c. 20) (short term detentions)), orbin a prison or other place to which the Prison Act 1952 (c. 52) applies.3The procedure under which the two people concerned may register as civil partners of each other is the same as the standard procedure, except that—aeach notice of proposed civil partnership must be accompanied by a supporting statement, which must have been made not more than 21 days before the day on which the notice is recorded,bthe fact that the registration authority to whom the notice is given has received the supporting statement must be recorded in the register, andcthe applicable period (for the purposes of section 17) is the period of 3 months beginning with—ithe day on which the notices of proposed civil partnership are recorded, oriiif the notices are not recorded on the same day, the earlier of those days.4A supporting statement, in relation to a detained person, is a statement made by the responsible authority which—aidentifies the establishment where the person is detained, ...bstates that the responsible authority has no objection to that establishment being specified in a notice of proposed civil partnership as the place at which the person is to register as a civil partner , andcstates whether the person is serving a life sentence and, if so, whether the person is subject to a whole life order.5A supporting statement must contain such information and must be made in such manner as may be prescribed by regulations.5AWhere the detained person is serving a life sentence and is subject to a whole life order, each notice of proposed civil partnership must also be accompanied by a statement made by the Secretary of State not more than 21 days before the day on which the notice is recorded stating that the detained person has the permission required by section 3(1A).5BThe fact that the registration authority to whom a notice of proposed civil partnership is given has received a statement under subsection (5A) must be recorded in the register.6“The responsible authority” means—aif the person is detained in a hospital, the hospital’s managers;bif the person is detained in a prison or other place to which the 1952 Act applies, the governor or other officer for the time being in charge of that prison or other place.7“Patient” and “hospital” have the same meaning as in Part 2 of the 1983 Act and “managers”, in relation to a hospital, has the same meaning as in section 145(1) of the 1983 Act.7A“Life sentence” and “whole life order” have the meanings given by section 3(3) of this Act and section 3(4) (persons treated as being subject to a whole life order) applies for the purposes of this section.8For the purposes of this Chapter, a detained person is to be treated, if he would not otherwise be so treated, as resident and usually resident at the place where he is for the time being.<Emphasis>Modified procedures for certain non-residents</Emphasis>Modified procedures for certain non-residents201Subsection (5) applies in the following two cases.2The first is where—atwo people wish to register as civil partners of each other in England and Wales, andbone of them (“A”) resides in Scotland and the other (“B”) resides in England or Wales.3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4The second is where—atwo people wish to register as civil partners of each other in England and Wales, andbone of them (“A”) is 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.5For the purposes of the standard procedure, the procedure for house-bound persons and the procedure for detained persons—aA is not required to give a notice of proposed civil partnership under this Chapter;bB may make the necessary declaration without reference to A's usual place of residence for any period;cthe waiting period is calculated by reference to the day on which B’s notice is recorded;dthe 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;ethe 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 case, is the period of 3 months beginning with that day;fsection 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—aif A resides in Scotland, section 97;b. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .cif A is an officer, seaman or marine borne on the books of one of Her Majesty's ships at sea, section 239.7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .<Emphasis>The special procedure</Emphasis>Notice of proposed civil partnership211For two people to register as civil partners of each other under the special procedure, one of them must—agive a notice of proposed civil partnership to the registration authority for the area in which it is proposed that the registration take place, andbcomply with any requirement made under section 22.2The notice must contain such information as may be prescribed by regulations.3Subsections (3) to (6) of section 8 (necessary declaration etc.), apart from paragraph (b) of subsection (4), apply for the purposes of this section as they apply for the purposes of that section.Evidence to be produced221The person giving a notice of proposed civil partnership to a registration authority under the special procedure must produce to the authority such evidence as the Registrar General may require to satisfy him—athat there is no lawful impediment to the formation of the civil partnership,bthat the conditions in subsection (2) are met, andcthat there is sufficient reason why a licence should be granted.2The conditions are that one of the proposed civil partners—ais seriously ill and not expected to recover,bcannot be moved to a place where they could be registered as civil partners of each other under the standard procedure, andcunderstands the nature and purport of signing a Registrar General's licence.3The certificate of a registered medical practitioner is sufficient evidence of any or all of the matters referred to in subsection (2).Application to be reported to Registrar General23On receiving a notice of proposed civil partnership under section 21 and any evidence under section 22, the registration authority must—ainform the Registrar General, andbcomply with any directions the Registrar General may give for verifying the evidence given.Objection to issue of Registrar General’s licence241Any person may object to the Registrar General giving authority for the issue of his licence by giving the Registrar General or any registration authority notice of his objection.2A notice of objection must—astate the objector’s place of residence and the ground of objection, andbbe signed by or on behalf of the objector.3If a notice of objection is given to a registration authority, it must ensure that the fact that it has been given and the information in it are recorded in the register as soon as possible.Issue of Registrar General’s licence251This section applies where a notice of proposed civil partnership is given to a registration authority under section 21.2The registration authority may issue a Registrar General’s licence if, and only if, given authority to do so by the Registrar General.3The Registrar General—amay not give his authority unless he is satisfied that one of the proposed civil partners is seriously ill and not expected to recover, butbif so satisfied, must give his authority unless a lawful impediment to the issue of his licence has been shown to his satisfaction to exist.4A licence under this section must state that it is issued on the authority of the Registrar General.5Regulations may (subject to subsection (4)) make provision as to the contents of a licence under this section.6If an objection has been made to the Registrar General giving authority for the issue of his licence, he is not to give that authority until—ahe has investigated the objection and decided whether it ought to obstruct the issue of his licence, orbthe objection has been withdrawn by the person who made it.7Any decision of the Registrar General under subsection (6)(a) is final.Frivolous objections: liability for costs261This section applies if—aa person objects to the Registrar General giving authority for the issue of his licence, butbthe Registrar General declares that the grounds on which the objection is made are frivolous and ought not to obstruct the issue of his licence.2The person who made the objection is liable for—athe costs of the proceedings before the Registrar General, andbdamages recoverable by the proposed civil partner to whom the objection relates.3For the purpose of enabling any person to recover any such costs and damages, a copy of a declaration of the Registrar General purporting to be sealed with the seal of the General Register Office is evidence that the Registrar General has made the declaration.Period during which registration may take place271If a Registrar General’s licence has been issued under section 25, the proposed civil partners may register as civil partners by signing it at any time within 1 month from the day on which the notice of proposed civil partnership was given.2If they do not register as civil partners by signing the licence within the 1 month period—athe notice of proposed civil partnership and the licence are void, andbno civil partnership registrar may officiate at the signing of the licence by them.<Emphasis>Supplementary</Emphasis>Registration authorities28In this Chapter “registration authority” means—ain relation to England, a county council, the council of any district comprised in an area for which there is no county council, a London borough council, the Common Council of the City of London or the Council of the Isles of Scilly;bin relation to Wales, a county council or a county borough council.Civil partnership registrars291A civil partnership registrar is an individual who is designated by a registration authority as a civil partnership registrar for its area.2It is the duty of each registration authority to ensure that there is a sufficient number of civil partnership registrars for its area to carry out in that area the functions of civil partnership registrars.3Each registration authority must inform the Registrar General as soon as is practicable—aof any designation it has made of a person as a civil partnership registrar, andbof the ending of any such designation.4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .The Registrar General and the register301In this Chapter “the Registrar General” means the Registrar General for England and Wales.2The Registrar General must provide a system for keeping any records that relate to civil partnerships and are required by this Chapter to be made.3The system may, in particular, enable those records to be kept together with other records kept by the Registrar General.4In this Chapter “the register” means the system for keeping records provided under subsection (2).<Addition ChangeId="key-58e23767c10aca4defe32b45ab514b9f-1583416806334" CommentaryRef="key-58e23767c10aca4defe32b45ab514b9f">Religious involvement: protection against compulsion</Addition>30ZA1A protected person may not be compelled by any means (including by the enforcement of a contract or a statutory or other legal requirement) to—aseek or consent to the approval of religious premises for the purposes of section 6(3A)(a),ballow religious premises to be used as the place at which two people register as civil partners of each other under this Part, orcprovide, arrange, facilitate, participate in, or be present at—ian occasion during which two people register as civil partners of each other on religious premises under this Part, oriia ceremony or event in England or Wales to mark the formation of a civil partnership,where the person does not wish to do things of that sort in relation to civil partnerships generally, or those between two people of the same sex, or those between two people of the opposite sex.2In this section—“protected person” means—a religious organisation,a constituent body or part of a religious organisation, ora person acting on behalf of, or under the auspices of, such an organisation, body or part,but does not include a civil partnership registrar;“religious premises” has the meaning given by section 6A(3C).<Addition ChangeId="key-a011905b1ce78ccfb94520ca545f43a9-1563447408148" CommentaryRef="key-a011905b1ce78ccfb94520ca545f43a9">Relevant nationals</Addition>30AIn this Chapter “relevant national” means—aa British citizen,aaan Irish citizen, oraba person who is not an Irish citizen and who—ihas leave to enter or remain in the United Kingdom which was granted by virtue of residence scheme immigration rules within the meaning given by section 17 of the European Union (Withdrawal Agreement) Act 2020, oriiis an applicant for the purposes of regulation 4 of the Citizens' Rights (Application Deadline and Temporary Protection) (EU Exit) Regulations 2020 (applications which have not been finally determined by the deadline) where the relevant period within the meaning of that regulation has not expired.b. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .c. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Offences relating to civil partnership schedule311A person commits an offence if he issues a civil partnership schedule knowing that he does so—abefore the waiting period in relation to each notice of proposed civil partnership has expired, or bafter the end of the applicable period, ...c. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2A person commits an offence if, in his actual or purported capacity as a civil partnership registrar, he officiates at the signing of a civil partnership schedule by proposed civil partners knowing that he does so—aat a place other than the place specified in the notices of proposed civil partnership and the civil partnership schedule,aaon premises that are not approved premises although the signing is purportedly in accordance with section 6(3A)(a),ab. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .bin the absence of a civil partnership registrar,cbefore the waiting period in relation to each notice of proposed civil partnership has expired, ordeven though the civil partnership is void under section 49(b) ....3A person guilty of an offence under subsection (1) or (2)(a), (aa), (b), (c) or (d) is liable on conviction on indictment to imprisonment for a term not exceeding 5 years or to a fine (or both).3AA person guilty of an offence under subsection (2)(ab) is liable on conviction on indictment to imprisonment for a term not exceeding 14 years or to a fine or both.4A prosecution under this section may not be commenced more than 3 years after the commission of the offence.Offences relating to Registrar General’s licence321A person commits an offence if—ahe gives information by way of evidence in response to a requirement under section 22(1), knowing that the information is false;bhe gives a certificate as provided for by section 22(3), knowing that the certificate is false.2A person commits an offence if, in his actual or purported capacity as a civil partnership registrar, he officiates at the signing of a Registrar General’s licence by proposed civil partners knowing that he does so—aat a place other than the place specified in the licence,bin the absence of a civil partnership registrar,cafter the end of 1 month from the day on which the notice of proposed civil partnership was given, ordeven though the civil partnership is void under section 49(b) ....3A person guilty of an offence under subsection (1) or (2) is liable—aon conviction on indictment, to imprisonment not exceeding 3 years or to a fine (or both);bon summary conviction, to a fine not exceeding the statutory maximum.4A prosecution under this section may not be commenced more than 3 years after the commission of the offence.Offences relating to the recording of civil partnerships331A civil partnership registrar commits an offence if he refuses or fails to comply with the provisions of this Chapter or of any regulations made under section 36.2A civil partnership registrar guilty of an offence under subsection (1) is liable—aon conviction on indictment, to imprisonment for a term not exceeding 2 years or to a fine (or both);bon summary conviction, to a fine not exceeding the statutory maximum;and on conviction shall cease to be a civil partnership registrar.3A person commits an offence if—aunder arrangements made by a registration authority for the purposes of section 2(4), he is under a duty to record information required to be recorded under section 2(4), butbhe refuses or without reasonable cause omits to do so.4A person guilty of an offence under subsection (3) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.5A person commits an offence if he records in the register information relating to the formation of a civil partnership by the signing of a civil partnership schedule, knowing that the civil partnership is void under section 49(b) ....6A person guilty of an offence under subsection (5) is liable on conviction on indictment, to imprisonment for a term not exceeding 5 years or to a fine (or both).7A person commits an offence if he records in the register information relating to the formation of a civil partnership by the signing of a Registrar General’s licence, knowing that the civil partnership is void under section 49(b) ....8A person guilty of an offence under subsection (7) is liable—aon conviction on indictment, to imprisonment for a term not exceeding 3 years or to a fine (or both);bon summary conviction, to a fine not exceeding the statutory maximum.9A prosecution under subsection (5) or (7) may not be commenced more than 3 years after the commission of the offence.Fees341The Secretary of State may by order provide for fees ... to be payable to such persons as may be prescribed by the order in respect of—athe giving of a notice of proposed civil partnership and the attestation of the necessary declaration;bthe making of an application under section 12(1) (application to reduce waiting period);cthe issue of a Registrar General’s licence;dthe attendance of the civil partnership registrar when two people sign the civil partnership document;esuch other services provided in connection with civil partnerships either by registration authorities or by or on behalf of the Registrar General as may be prescribed by the order.1AAn order under this section may—aspecify the amount of any fee payable under the order, orbset out how such a fee is to be determined.1BSubsection (1C) applies where the order provides for a fee to be payable to a registration authority.1CThe order may provide for such part of the fee as may be specified by or determined in accordance with the order to be payable by the registration authority to the Registrar General in such circumstances as may be prescribed by the order.2The order may provide for the reduction, waiver or refund of part or all of a fee whether by conferring a discretion or otherwise.3Where a civil partnership registrar for any area attends when two people sign the civil partnership schedule on approved premises, in accordance with section 6(3A)(a)—asubsection (1)(d) does not apply, butbthe registration authority for that area is entitled from those people a fee of an amount determined by the authority in accordance with regulations under section 6A.Power to assimilate provisions relating to civil registration351The Secretary of State may by order make—asuch amendments of this Act as appear to him appropriate for the purpose of assimilating any provision connected with the formation or recording of civil partnerships in England and Wales to any provision made . . . in relation to civil marriage in England and Wales, andbsuch amendments of other enactments and of subordinate legislation as appear to him appropriate in consequence of any amendments made under paragraph (a).2“Civil marriage” means marriage solemnised otherwise than according to the rites of the Church of England or any other religious usages.3“Amendment” includes repeal or revocation.4“Subordinate legislation” has the same meaning as in the Interpretation Act 1978 (c. 30).Regulations and orders361Regulations may make provision supplementing the provisions of this Chapter.2Regulations may in particular make provision—arelating to the use of Welsh in documents and records relating to civil partnerships;bwith respect to the retention of documents relating to civil partnerships;cprescribing the duties of civil partnership registrars;dprescribing the duties of persons in whose presence any declaration is made for the purposes of this Chapter;efor the issue by the Registrar General of guidance supplementing any provision made by the regulations.ffor the issue by registration authorities or the Registrar General of certified copies of entries in the register and for such copies to be received in evidence.gfor the carrying out by the Registrar General, on request, of searches of entries in the register and the provision, on request, of information contained in the entries (otherwise than in the form of certified copies).3In this Chapter , except in section 6A 9B, 9E(2), 12(7) or 12A ,“regulations” means regulations made by the Registrar General with the approval of the Secretary of State.4Any power to make regulations or an order under this Chapter is exercisable by statutory instrument.5A statutory instrument containing regulations under section 6A 9B, 9E(2) or 12A or an order under section 34 is subject to annulment in pursuance of a resolution of either House of Parliament.6No order may be made under section 9D or 35 unless a draft of the statutory instrument containing the order has been laid before, and approved by a resolution of, each House of Parliament.Chapter 2Dissolution, nullity and other proceedings<Emphasis>Introduction</Emphasis>Powers to make orders and effect of orders371The court may, in accordance with this Chapter—amake an order (a “dissolution order”) which dissolves a civil partnership on the ground that it has broken down irretrievably;bmake an order (a “nullity order”) which annuls a civil partnership which is void or voidable;cmake an order (a “presumption of death order”) which dissolves a civil partnership on the ground that one of the civil partners is presumed to be dead;dmake an order (a “separation order”) which provides for the separation of the civil partners.2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3A nullity order made where a civil partnership is voidable annuls the civil partnership only as respects any time after the order has been made final, and the civil partnership is to be treated (despite the order) as if it had existed up to that time.4In this Chapter, other than in sections 58 to 61, “the court” means—athe High Court, orbthe family court.5This Chapter is subject to sections 219 to 224 (jurisdiction of the court).<Addition ChangeId="key-76ad48a32868d8d1171a1897e070a9a5-1656411094203" CommentaryRef="key-76ad48a32868d8d1171a1897e070a9a5">Dissolution on ground of breakdown: conditional and final orders</Addition>37A1Every dissolution order—ais, in the first instance, a conditional order, andbmay not be made final before the end of the period of 6 weeks from the making of the conditional order (the “first prescribed period”).2The court may not make a conditional order unless—ain the case of an application that is to proceed as an application by one civil partner only, that person has confirmed to the court that they wish the application to continue, orbin the case of an application that is to proceed as an application by both civil partners, those persons have confirmed to the court that they wish the application to continue;and a person may not give confirmation for the purposes of this subsection before the end of the period of 20 weeks from the start of proceedings (the “second prescribed period”).3The Lord Chancellor may by order amend this section so as to substitute—aa different definition of the first prescribed period, orba different definition of the second prescribed period.4But the Lord Chancellor may not under subsection (3) provide for a period which would result in the total number of days in the first and second prescribed periods (taken together) exceeding 26 weeks.5In a particular case the court dealing with the case may by order shorten the first prescribed period or the second prescribed period.6The power to make an order under subsection (3) is exercisable by statutory instrument.7An instrument containing such an order may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.<Substitution ChangeId="key-e9ab58b99510192d0a5572b31a5405e6-1656411172936" CommentaryRef="key-e9ab58b99510192d0a5572b31a5405e6">Annulment and presumption of death: conditional and final orders</Substitution>38A1Every nullity or presumption of death order—ais, in the first instance, a conditional order, andbmay not be made final before the end of the prescribed period for the purposes of this paragraph.1Subject to subsections (2) to (4), the prescribed period for the purposes of subsection (A1)(b) is—a6 weeks from the making of the conditional order, orbif the 6 week period would end on a day on which the office or registry of the court dealing with the case is closed, the period of 6 weeks extended to the end of the first day on which the office or registry is next open.2The Lord Chancellor may by order amend this section so as to substitute a different definition of the prescribed period for the purposes of subsection (A1)(b).3But the Lord Chancellor may not under subsection (2) provide for a period longer than 6 months to be the prescribed period.4In a particular case the court dealing with the case may by order shorten the prescribed period.5The power to make an order under subsection (2) is exercisable by statutory instrument.6An instrument containing such an order is subject to annulment in pursuance of a resolution of either House of Parliament.Intervention of the Queen’s Proctor391This section applies if an application has been made for a dissolution, nullity or presumption of death order.2The court may, if it thinks fit, direct that all necessary papers in the matter are to be sent to the Queen’s Proctor who must under the directions of the Attorney General instruct counsel to argue before the court any question in relation to the matter which the court considers it necessary or expedient to have fully argued.3If any person at any time—aduring the progress of the proceedings, orbbefore the conditional order is made final,gives information to the Queen’s Proctor on any matter material to the due decision of the case, the Queen’s Proctor may take such steps as the Attorney General considers necessary or expedient.4If the Queen’s Proctor intervenes or shows cause against the making of the conditional order in any proceedings relating to its making, the court may make such order as may be just as to—athe payment by other parties to the proceedings of the costs incurred by him in doing so, orbthe payment by the Queen’s Proctor of any costs incurred by any of those parties because of his doing so.5The Queen’s Proctor is entitled to charge as part of the expenses of his office—athe costs of any proceedings under subsection (2);bif his reasonable costs of intervening or showing cause as mentioned in subsection (4) are not fully satisfied by an order under subsection (4)(a), the amount of the difference;cif the Treasury so directs, any costs which he pays to any parties under an order made under subsection (4)(b).Proceedings before order has been made final401This section applies if—aa conditional order has been made, andbthe Queen’s Proctor, or any person who has not been a party to proceedings in which the order was made, shows cause why the order should not be made final on the ground that material facts have not been brought before the court.2This section also applies if—aa conditional order has been made,b3 months have elapsed since the earliest date on which an application could have been made for the order to be made final,cno such application has been made by the civil partner who applied for the conditional order, anddthe other civil partner makes an application to the court under this subsection.3The court may—amake the order final,brescind the order,crequire further inquiry, ordotherwise deal with the case as it thinks fit.4Subsection (3)(a)—aapplies despite sections 37A(1) and 38(A1) (period before conditional orders may be made final), butbis subject to section 48(4) (protection for respondent ...) ....Time bar on applications for dissolution orders411No application for a dissolution order may be made to the court before the end of the period of 1 year from the date of the formation of the civil partnership.2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Attempts at reconciliation of civil partners421This section applies in relation to cases where an application is made for a dissolution or separation order.2Rules of court must make provision for requiring the legal representative acting for an applicant to certify whether the representative has—adiscussed with the applicant the possibility of a reconciliation with the other civil partner, andbgiven the applicant the names and addresses of persons qualified to help effect a reconciliation between civil partners who have become estranged.3If at any stage of proceedings for the order it appears to the court that there is a reasonable possibility of a reconciliation between the civil partners, the court may adjourn the proceedings for such period as it thinks fit to enable attempts to be made to effect a reconciliation between them.4The power to adjourn under subsection (3) is additional to any other power of adjournment.Consideration by the court of certain agreements or arrangements431This section applies in relation to cases where—aproceedings for a dissolution or separation order are contemplated or have begun, andban agreement or arrangement is made or proposed to be made between the civil partners which relates to, arises out of, or is connected with, the proceedings.2Rules of court may make provision for enabling—athe civil partners, or either of them, to refer the agreement or arrangement to the court, andbthe court—ito express an opinion, if it thinks it desirable to do so, as to the reasonableness of the agreement or arrangement, andiito give such directions, if any, in the matter as it thinks fit.<Emphasis>Dissolution of civil partnership</Emphasis>Dissolution of civil partnership which has broken down irretrievably441Subject to section 41, an application for a dissolution order may be made to the court by either or both civil partners on the ground that the civil partnership has broken down irretrievably.1AAn application under subsection (1) must be accompanied by a statement by the applicant or applicants that the civil partnership has broken down irretrievably.2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4The court dealing with an application under subsection (1) must—atake the statement to be conclusive evidence that the civil partnership has broken down irretrievably, andbmake a dissolution order.5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6Without prejudice to the generality of section 75 of the Courts Act 2003, Family Procedure Rules may make provision as to the procedure for an application under subsection (1) by both civil partners to become an application by one civil partner only (including provision for a statement made under subsection (1A) in connection with the application to be treated as made by one civil partner only).Supplemental provisions as to facts raising presumption of breakdown45. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Dissolution order not precluded by previous separation order etc.46. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Refusal of dissolution in 5 year separation cases on ground of grave hardship47. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Proceedings before order made final: protection for respondent <CommentaryRef Ref="key-8e73062316ddcc32c411e6c53479381b"/>...481. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2Subsections (3) to (5) apply if—aon an application for a dissolution order a conditional order has been made and—ithe conditional order is in favour of one civil partner only, oriithe conditional order is in favour of both civil partners but one of them has since withdrawn from the application, andbthe respondent has applied to the court for consideration under subsection (3) of their financial position after the dissolution of the civil partnership.3The court hearing an application by the respondent under subsection (2) must consider all the circumstances, including—athe age, health, conduct, earning capacity, financial resources and financial obligations of each of the parties, andbthe financial position of the respondent as, having regard to the dissolution, it is likely to be after the death of the applicant should the applicant die first.4Subject to subsection (5), the court must not make the order final unless it is satisfied that—athe applicant should not be required to make any financial provision for the respondent, orbthe financial provision made by the applicant for the respondent is—ireasonable and fair, oriithe best that can be made in the circumstances.5The court may if it thinks fit make the order final if—ait appears that there are circumstances making it desirable that the order should be made final without delay, andbit has obtained a satisfactory undertaking from the applicant that he will make such financial provision for the respondent as it may approve.<Emphasis>Nullity</Emphasis>Grounds on which civil partnership is void49Where two people register as civil partners of each other in England and Wales, the civil partnership is void if—aat the time when they do so, they are not eligible to register as civil partners of each other under Chapter 1 (see section 3), or bat the time when they do so they both know—ithat due notice of proposed civil partnership has not been given,iithat the civil partnership document has not been duly issued,iiithat the civil partnership document is void under section 17(3) or 27(2) (registration after end of time allowed for registering),ivthat the place of registration is a place other than that specified in the notices (or notice) of proposed civil partnership and the civil partnership document, . . . vthat a civil partnership registrar is not present, orvithat the place of registration is on premises that are not approved premises although the registration is purportedly in accordance with section 6(3A)(a), ...c. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Grounds on which civil partnership is voidable501Where two people register as civil partners of each other in England and Wales, the civil partnership is voidable if—aeither of them did not validly consent to its formation (whether as a result of duress, mistake, unsoundness of mind or otherwise);bat the time of its formation either of them, though capable of giving a valid consent, was suffering (whether continuously or intermittently) from mental disorder of such a kind or to such an extent as to be unfitted for civil partnership;cat the time of its formation, the respondent was pregnant by some person other than the applicant;dan interim gender recognition certificate under the Gender Recognition Act 2004 (c. 7) has, after the time of its formation, been issued to either civil partner;ethe respondent is a person whose gender at the time of its formation had become the acquired gender under the 2004 Act.2In this section and section 51 “mental disorder” has the same meaning as in the Mental Health Act 1983 (c. 20).Bars to relief where civil partnership is voidable511The court must not make a nullity order on the ground that a civil partnership is voidable if the respondent satisfies the court—athat the applicant, with knowledge that it was open to him to obtain a nullity order, conducted himself in relation to the respondent in such a way as to lead the respondent reasonably to believe that he would not seek to do so, andbthat it would be unjust to the respondent to make the order.2Without prejudice to subsection (1), the court must not make a nullity order by virtue of section 50(1)(a), (b), (c) or (e) unless—ait is satisfied that proceedings were instituted within 3 years from the date of the formation of the civil partnership, orbleave for the institution of proceedings after the end of that 3 year period has been granted under subsection (3).3A judge of the court may, on an application made to him, grant leave for the institution of proceedings if he—ais satisfied that the applicant has at some time during the 3 year period suffered from mental disorder, andbconsiders that in all the circumstances of the case it would be just to grant leave for the institution of proceedings.4An application for leave under subsection (3) may be made after the end of the 3 year period.5Without prejudice to subsection (1), the court must not make a nullity order by virtue of section 50(1)(d) unless it is satisfied that proceedings were instituted within the period of 6 months from the date of issue of the interim gender recognition certificate.6Without prejudice to subsections (1) and (2), the court must not make a nullity order by virtue of section 50(1)(c) or (e) unless it is satisfied that the applicant was at the time of the formation of the civil partnership ignorant of the facts alleged.Proof of certain matters not necessary to validity of civil partnership521Where two people have registered as civil partners of each other in England and Wales, it is not necessary in support of the civil partnership to give any proof—a. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .aathat before the registration either of the civil partners resided, or resided for any period, in the area stated in the notices of proposed civil partnership to be the area of that person's place of residence; orabthat, in the case of a civil partnership to which Schedule 3A applied, any of the events listed in paragraph 2(2) to (6) of that Schedule occurred.b. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .and no evidence is to be given to prove the contrary in any proceedings touching the validity of the civil partnership.2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Power to validate civil partnership531Where two people have registered as civil partners of each other in England and Wales, the Lord Chancellor may by order validate the civil partnership if it appears to him that it is or may be void under section 49(b).2An order under subsection (1) may include provisions for relieving a person from any liability under section 31(2), 32(2) or 33(5) or (7).3The draft of an order under subsection (1) must be advertised, in such manner as the Lord Chancellor thinks fit, not less than one month before the order is made.4The Lord Chancellor must—aconsider all objections to the order sent to him in writing during that month, andbif it appears to him necessary, direct a local inquiry into the validity of any such objections.5An order under subsection (1) is subject to special parliamentary procedure.Validity of civil partnerships registered outside England and Wales541Where two people register as civil partners of each other in Scotland, the civil partnership is—avoid, if it would be void in Scotland under section 123, ...aavoid, if the civil partnership was registered when—ione of the two people was domiciled in England and Wales, andiione of the two people was under 18, andbvoidable, if the circumstances fall within section 50(1)(d).2Where two people register as civil partners of each other in Northern Ireland, the civil partnership is—avoid, if it would be void in Northern Ireland under section 173, ...aavoid, if the civil partnership was registered when—ione of the two people was domiciled in England and Wales, andiione of the two people was under 18, andbvoidable, if the circumstances fall within any paragraph of section 50(1).2AWhere two people convert, or purport to convert, their marriage into a civil partnership under Part 3, 4 or 5 of the Marriage and Civil Partnership (Northern Ireland) (No. 2) Regulations 2020, the civil partnership is—avoid, if it would be void in Northern Ireland under section 173, ...aavoid, if the marriage was solemnised there when—ione of the two people was domiciled in England and Wales, andiione of the two people was under 18, andbvoidable, if it would be voidable there under section 174.3Subsection (4) applies where two people register as civil partners of each other under an Order in Council under—asection 210 (registration at British consulates etc.), orbsection 211 (registration by armed forces personnel),(“the relevant section”).4The civil partnership is—avoid, if—ithe condition in subsection (2)(a) or (b) of the relevant section is not met, oriia requirement prescribed for the purposes of this paragraph by an Order in Council under the relevant section is not complied with, andbvoidable, if—ithe appropriate part of the United Kingdom is England and Wales or Northern Ireland and the circumstances fall within any paragraph of section 50(1), oriithe appropriate part of the United Kingdom is Scotland and the circumstances fall within section 50(1)(d).5The appropriate part of the United Kingdom is the part by reference to which the condition in subsection (2)(b) of the relevant section is met.6Subsections (7) and (8) apply where two people have registered an apparent or alleged overseas relationship.7The civil partnership is void if—athe relationship is not an overseas relationship, orb(even though the relationship is an overseas relationship) the parties are not treated under Chapter 2 of Part 5 as having formed a civil partnership.8The civil partnership is voidable if—athe overseas relationship is voidable under the relevant law,bthe circumstances fall within section 50(1)(d), orcwhere either of the parties was domiciled in England and Wales or Northern Ireland at the time when the overseas relationship was registered, the circumstances fall within section 50(1)(a), (b), (c) or (e).9Section 51 applies for the purposes of—asubsections (1)(b), (2)(b) and (4)(b),bsubsection (8)(a), in so far as applicable in accordance with the relevant law, andcsubsection (8)(b) and (c).10In subsections (8)(a) and (9)(b) “the relevant law” means the law of the country or territory where the overseas relationship was registered (including its rules of private international law).11For the purposes of subsections (8) and (9)(b) and (c), references in sections 50 and 51 to the formation of the civil partnership are to be read as references to the registration of the overseas relationship.<Emphasis>Presumption of death orders</Emphasis>Presumption of death orders551The court may, on an application made by a civil partner, make a presumption of death order if it is satisfied that reasonable grounds exist for supposing that the other civil partner is dead.2In any proceedings under this section the fact that—afor a period of 7 years or more the other civil partner has been continually absent from the applicant, andbthe applicant has no reason to believe that the other civil partner has been living within that time,is evidence that the other civil partner is dead until the contrary is proved.<Emphasis>Separation orders</Emphasis>Separation orders561An application for a separation order may be made to the court by either or both civil partners. 1AAn application under subsection (1) must be accompanied by—aif the application is by one civil partner only, a statement by that person that they seek to be separated from the other civil partner, orbif the application is by both civil partners, a statement by them that they seek to be separated from one another.2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3The court dealing with an application under subsection (1) must make a separation order.4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Effect of separation order57If either civil partner dies intestate as respects all or any of his or her real or personal property while—aa separation order is in force, andbthe separation is continuing,the property as respects which he or she died intestate devolves as if the other civil partner had then been dead.<Emphasis>Declarations</Emphasis>Declarations581Any person may apply to the High Court or the family court for one or more of the following declarations in relation to a civil partnership specified in the application—aa declaration that the civil partnership was at its inception a valid civil partnership;ba declaration that the civil partnership subsisted on a date specified in the application;ca declaration that the civil partnership did not subsist on a date so specified;da declaration that the validity of a dissolution, annulment or legal separation obtained outside England and Wales in respect of the civil partnership is entitled to recognition in England and Wales;ea declaration that the validity of a dissolution, annulment or legal separation so obtained in respect of the civil partnership is not entitled to recognition in England and Wales.2Where an application under subsection (1) is made to a court by a person other than a civil partner in the civil partnership to which the application relates, the court must refuse to hear the application if it considers that the applicant does not have a sufficient interest in the determination of that application.General provisions as to making and effect of declarations591Where on an application for a declaration under section 58 the truth of the proposition to be declared is proved to the satisfaction of the court, the court must make the declaration unless to do so would be manifestly contrary to public policy.2Any declaration under section 58 binds Her Majesty and all other persons.3The court, on the dismissal of an application for a declaration under section 58, may not make any declaration for which an application has not been made.4No declaration which may be applied for under section 58 may be made otherwise than under section 58 by any court.5No declaration may be made by any court, whether under section 58 or otherwise, that a civil partnership was at its inception void.6Nothing in this section affects the powers of any court to make a nullity order in respect of a civil partnership.The Attorney General and proceedings for declarations601On an application for a declaration under section 58 the court may at any stage of the proceedings, of its own motion or on the application of any party to the proceedings, direct that all necessary papers in the matter be sent to the Attorney General.2The Attorney General, whether or not he is sent papers in relation to an application for a declaration under section 58, may—aintervene in the proceedings on that application in such manner as he thinks necessary or expedient, andbargue before the court dealing with the application any question in relation to the application which the court considers it necessary to have fully argued.3Where any costs are incurred by the Attorney General in connection with any application for a declaration under section 58, the court may make such order as it considers just as to the payment of those costs by parties to the proceedings.Supplementary provisions as to declarations611Any declaration made under section 58, and any application for such a declaration, must be in the form prescribed by rules of court.2Rules of court may make provision—aas to the information required to be given by any applicant for a declaration under section 58;brequiring notice of an application under section 58 to be served on the Attorney General and on persons who may be affected by any declaration applied for.3No proceedings under section 58 affect any final judgment or order already pronounced or made by any court of competent jurisdiction.4The court hearing an application under section 58 may direct that the whole or any part of the proceedings must be heard in private.5An application for a direction under subsection (4) must be heard in private unless the court otherwise directs.<Emphasis>General provisions</Emphasis>Relief for respondent in dissolution proceedings62. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Restrictions on making of orders affecting children63. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Parties to proceedings under this Chapter641Rules of court may make provision with respect to—athe joinder as parties to proceedings under sections 37 to 56 of persons involved in allegations of improper conduct made in those proceedings,bthe dismissal from such proceedings of any parties so joined, andcthe persons who are to be parties to proceedings on an application under section 58.2Rules of court made under this section may make different provision for different cases.3In every case in which the court considers, in the interest of a person not already a party to the proceedings, that the person should be made a party, the court may if it thinks fit allow the person to intervene upon such terms, if any, as the court thinks just.Chapter 3Property and financial arrangementsContribution by civil partner to property improvement651This section applies if—aa civil partner contributes in money or money’s worth to the improvement of real or personal property in which or in the proceeds of sale of which either or both of the civil partners has or have a beneficial interest, andbthe contribution is of a substantial nature.2The contributing partner is to be treated as having acquired by virtue of the contribution a share or an enlarged share (as the case may be) in the beneficial interest of such an extent—aas may have been then agreed, orbin default of such agreement, as may seem in all the circumstances just to any court before which the question of the existence or extent of the beneficial interest of either of the civil partners arises (whether in proceedings between them or in any other proceedings).3Subsection (2) is subject to any agreement (express or implied) between the civil partners to the contrary.Disputes between civil partners about property661In any question between the civil partners in a civil partnership as to title to or possession of property, either civil partner may apply to—athe High Court, orbthe family court.2On such an application, the court may make such order with respect to the property as it thinks fit (including an order for the sale of the property).3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Applications under section 66 where property not in possession etc.671The right of a civil partner (“A”) to make an application under section 66 includes the right to make such an application where A claims that the other civil partner (“B”) has had in his possession or under his control—amoney to which, or to a share of which, A was beneficially entitled, orbproperty (other than money) to which, or to an interest in which, A was beneficially entitled,and that either the money or other property has ceased to be in B’s possession or under B’s control or that A does not know whether it is still in B’s possession or under B’s control.2For the purposes of subsection (1)(a) it does not matter whether A is beneficially entitled to the money or share—abecause it represents the proceeds of property to which, or to an interest in which, A was beneficially entitled, orbfor any other reason.3Subsections (4) and (5) apply if, on such an application being made, the court is satisfied that B—ahas had in his possession or under his control money or other property as mentioned in subsection (1)(a) or (b), andbhas not made to A, in respect of that money or other property, such payment or disposition as would have been appropriate in the circumstances.4The power of the court to make orders under section 66 includes power to order B to pay to A—ain a case falling within subsection (1)(a), such sum in respect of the money to which the application relates, or A’s s share of it, as the court considers appropriate, orbin a case falling within subsection (1)(b), such sum in respect of the value of the property to which the application relates, or A’s interest in it, as the court considers appropriate.5If it appears to the court that there is any property which—arepresents the whole or part of the money or property, andbis property in respect of which an order could (apart from this section) have been made under section 66,the court may (either instead of or as well as making an order in accordance with subsection (4)) make any order which it could (apart from this section) have made under section 66.6Any power of the court which is exercisable on an application under section 66 is exercisable in relation to an application made under that section as extended by this section.Applications under section 66 by former civil partners681This section applies where a civil partnership has been dissolved or annulled.2Subject to subsection (3), an application may be made under section 66 (including that section as extended by section 67) by either former civil partner despite the dissolution or annulment (and references in those sections to a civil partner are to be read accordingly).3The application must be made within the period of 3 years beginning with the date of the dissolution or annulment.Actions in tort between civil partners691This section applies if an action in tort is brought by one civil partner against the other during the subsistence of the civil partnership.2The court may stay the proceedings if it appears—athat no substantial benefit would accrue to either civil partner from the continuation of the proceedings, orbthat the question or questions in issue could more conveniently be disposed of on an application under section 66.3Without prejudice to subsection (2)(b), the court may in such an action—aexercise any power which could be exercised on an application under section 66, orbgive such directions as it thinks fit for the disposal under that section of any question arising in the proceedings.Assurance policy by civil partner for benefit of other civil partner etc.70Section 11 of the Married Women’s Property Act 1882 (c. 75) (money payable under policy of assurance not to form part of the estate of the insured) applies in relation to a policy of assurance—aeffected by a civil partner on his own life, andbexpressed to be for the benefit of his civil partner, or of his children, or of his civil partner and children, or any of them,as it applies in relation to a policy of assurance effected by a husband and expressed to be for the benefit of his wife, or of his children, or of his wife and children, or of any of them.Wills, administration of estates and family provision71Schedule 4 amends enactments relating to wills, administration of estates and family provision so that they apply in relation to civil partnerships as they apply in relation to marriage.Financial relief for civil partners and children of family721Schedule 5 makes provision for financial relief in connection with civil partnerships that corresponds to provision made for financial relief in connection with marriages by Part 2 of the Matrimonial Causes Act 1973 (c. 18).2Any rule of law under which any provision of Part 2 of the 1973 Act is interpreted as applying to dissolution of a marriage on the ground of presumed death is to be treated as applying (with any necessary modifications) in relation to the corresponding provision of Schedule 5.3Schedule 6 makes provision for financial relief in connection with civil partnerships that corresponds to provision made for financial relief in connection with marriages by the Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22).4Schedule 7 makes provision for financial relief in England and Wales after a civil partnership has been dissolved or annulled, or civil partners have been legally separated, in a country outside the British Islands.Chapter 4Civil partnership agreementsCivil partnership agreements unenforceable731A civil partnership agreement does not under the law of England and Wales have effect as a contract giving rise to legal rights.2No action lies in England and Wales for breach of a civil partnership agreement, whatever the law applicable to the agreement.3In this section and section 74 “civil partnership agreement” means an agreement between two people—ato register as civil partners of each other—iin England and Wales (under this Part),iiin Scotland (under Part 3),iiiin Northern Ireland (under Part 4), orivoutside the United Kingdom under an Order in Council made under Chapter 1 of Part 5 (registration at British consulates etc. or by armed forces personnel), orbto enter into an overseas relationship.4This section applies in relation to civil partnership agreements whether entered into before or after this section comes into force, but does not affect any action commenced before it comes into force.Property where civil partnership agreement is terminated741This section applies if a civil partnership agreement is terminated.2Section 65 (contributions by civil partner to property improvement) applies, in relation to any property in which either or both of the parties to the agreement had a beneficial interest while the agreement was in force, as it applies in relation to property in which a civil partner has a beneficial interest.3Sections 66 and 67 (disputes between civil partners about property) apply to any dispute between or claim by one of the parties in relation to property in which either or both had a beneficial interest while the agreement was in force, as if the parties were civil partners of each other.4An application made under section 66 or 67 by virtue of subsection (3) must be made within 3 years of the termination of the agreement.5A party to a civil partnership agreement who makes a gift of property to the other party on the condition (express or implied) that it is to be returned if the agreement is terminated is not prevented from recovering the property merely because of his having terminated the agreement.Chapter 5ChildrenParental responsibility, children of the family and relatives751Amend the Children Act 1989 (c. 41) (“the 1989 Act”) as follows.2In section 4A(1) (acquisition of parental responsibility by step-parent) after “is married to” insert “ , or a civil partner of, ”.3In section 105(1) (interpretation), for the definition of “child of the family” (in relation to the parties to a marriage) substitute—“child of the family”, in relation to parties to a marriage, or to two people who are civil partners of each other, means—aa child of both of them, andbany other child, other than a child placed with them as foster parents by a local authority or voluntary organisation, who has been treated by both of them as a child of their family.4In the definition of “relative” in section 105(1), for “by affinity)” substitute “ by marriage or civil partnership) ”.Guardianship76In section 6 of the 1989 Act (guardians: revocation and disclaimer) after subsection (3A) insert—3BAn appointment under section 5(3) or (4) (including one made in an unrevoked will or codicil) is revoked if the person appointed is the civil partner of the person who made the appointment and either—aan order of a court of civil jurisdiction in England and Wales dissolves or annuls the civil partnership, orbthe civil partnership is dissolved or annulled and the dissolution or annulment is entitled to recognition in England and Wales by virtue of Chapter 3 of Part 5 of the Civil Partnership Act 2004,unless a contrary intention appears by the appointment.Entitlement to apply for residence or contact order77In section 10(5) of the 1989 Act (persons entitled to apply for residence or contact order) after paragraph (a) insert—aaany civil partner in a civil partnership (whether or not subsisting) in relation to whom the child is a child of the family;.Financial provision for children781Amend Schedule 1 to the 1989 Act (financial provision for children) as follows.2In paragraph 2(6) (meaning of “periodical payments order”) after paragraph (d) insert—ePart 1 or 9 of Schedule 5 to the Civil Partnership Act 2004 (financial relief in the High Court or a county court etc.);fSchedule 6 to the 2004 Act (financial relief in the magistrates' courts etc.),.3In paragraph 15(2) (person with whom a child lives or is to live) after “husband or wife” insert “ or civil partner ”.4For paragraph 16(2) (extended meaning of “parent”) substitute—2In this Schedule, except paragraphs 2 and 15, “parent” includes—aany party to a marriage (whether or not subsisting) in relation to whom the child concerned is a child of the family, andbany civil partner in a civil partnership (whether or not subsisting) in relation to whom the child concerned is a child of the family;and for this purpose any reference to either parent or both parents shall be read as a reference to any parent of his and to all of his parents.Adoption791Amend the Adoption and Children Act 2002 (c. 38) as follows.2In section 21 (placement orders), in subsection (4)(c), after “child marries” insert “ , forms a civil partnership ”.3In section 47 (conditions for making adoption orders), after subsection (8) insert—8AAn adoption order may not be made in relation to a person who is or has been a civil partner.4In section 51 (adoption by one person), in subsection (1), after “is not married” insert “ or a civil partner ”.5After section 51(3) insert—3AAn adoption order may be made on the application of one person who has attained the age of 21 years and is a civil partner if the court is satisfied that—athe person’s civil partner cannot be found,bthe civil partners have separated and are living apart, and the separation is likely to be permanent, orcthe person’s civil partner is by reason of ill-health, whether physical or mental, incapable of making an application for an adoption order.6In section 64 (other provision to be made by regulations), in subsection (5) for “or marriage” substitute “ , marriage or civil partnership ”.7In section 74(1) (enactments for whose purposes section 67 does not apply), for paragraph (a) substitute—asection 1 of and Schedule 1 to the Marriage Act 1949 or Schedule 1 to the Civil Partnership Act 2004 (prohibited degrees of kindred and affinity),.8In section 79 (connections between the register and birth records), in subsection (7)—ain paragraph (b), after “intends to be married” insert “ or form a civil partnership ”, andbfor “the person whom the applicant intends to marry” substitute “ the intended spouse or civil partner ”.9In section 81 (Adoption Contact Register: supplementary), in subsection (2) for “or marriage” substitute “ , marriage or civil partnership ”.10In section 98 (pre-commencement adoptions: information), in subsection (7), in the definition of “relative” for “or marriage” substitute “ , marriage or civil partnership ”.11In section 144 (interpretation), in the definition of “relative” in subsection (1), after “by marriage” insert “ or civil partnership ”.12In section 144(4) (meaning of “couple”), after paragraph (a) insert—aatwo people who are civil partners of each other, or.Chapter 6MiscellaneousFalse statements etc. with reference to civil partnerships801A person commits an offence if—afor the purpose of procuring the formation of a civil partnership, or a document mentioned in subsection (2), he—imakes or signs a declaration required under this Part or Part 5, oriigives a notice or certificate so required,knowing that the declaration, notice or certificate is false,bfor the purpose of a record being made in any register relating to civil partnerships, he—imakes a statement as to any information which is required to be registered under this Part or Part 5, oriicauses such a statement to be made,knowing that the statement is false, or c. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .dwith respect to a declaration made under paragraph 5(1) of Schedule 1 he makes a statement mentioned in paragraph 6 of that Schedule which he knows to be false in a material particular.2The documents are—aa civil partnership schedule or a Registrar General’s licence under Chapter 1;ba document required by an Order in Council under section 210 or 211 as an authority for two people to register as civil partners of each other;ca certificate of no impediment under section 240.3A person guilty of an offence under subsection (1) is liable—aon conviction on indictment, to imprisonment for a term not exceeding 7 years or to a fine (or both);bon summary conviction, to a fine not exceeding the statutory maximum.4The Perjury Act 1911 (c. 6) has effect as if this section were contained in it.Housing and tenancies81Schedule 8 amends certain enactments relating to housing and tenancies.Family homes and domestic violence82Schedule 9 amends Part 4 of the Family Law Act 1996 (c. 27) and related enactments so that they apply in relation to civil partnerships as they apply in relation to marriages.Fatal accidents claims831Amend the Fatal Accidents Act 1976 (c. 30) as follows.2In section 1(3) (meaning of “dependant” for purposes of right of action for wrongful act causing death), after paragraph (a) insert—aathe civil partner or former civil partner of the deceased;.3In paragraph (b)(iii) of section 1(3), after “wife” insert “ or civil partner ”.4After paragraph (f) of section 1(3) insert—faany person (not being a child of the deceased) who, in the case of any civil partnership in which the deceased was at any time a civil partner, was treated by the deceased as a child of the family in relation to that civil partnership;.5After section 1(4) insert—4AThe reference to the former civil partner of the deceased in subsection (3)(aa) above includes a reference to a person whose civil partnership with the deceased has been annulled as well as a person whose civil partnership with the deceased has been dissolved.6In section 1(5)(a), for “by affinity” substitute “ by marriage or civil partnership ”.7In section 1A(2) (persons for whose benefit claim for bereavement damages may be made)—ain paragraph (a), after “wife or husband” insert “ or civil partner ”, andbin paragraph (b), after “was never married” insert “ or a civil partner ”.8In section 3 (assessment of damages), in subsection (4), after “wife” insert “ or civil partner ”.Evidence841Any enactment or rule of law relating to the giving of evidence by a spouse applies in relation to a civil partner as it applies in relation to the spouse.2Subsection (1) is subject to any specific amendment made by or under this Act which relates to the giving of evidence by a civil partner.3For the avoidance of doubt, in any such amendment, references to a person’s civil partner do not include a former civil partner.4References in subsections (1) and (2) to giving evidence are to giving evidence in any way (whether by supplying information, making discovery, producing documents or otherwise).5Any rule of law—awhich is preserved by section 7(3) of the Civil Evidence Act 1995 (c. 38) or section 118(1) of the Criminal Justice Act 2003 (c. 44), andbunder which in any proceedings evidence of reputation or family tradition is admissible for the purpose of proving or disproving the existence of a marriage,is to be treated as applying in an equivalent way for the purpose of proving or disproving the existence of a civil partnership. Part 3 Civil partnership: ScotlandChapter 1Formation and eligibilityFormation of civil partnership by registration851For the purposes of section 1, two people are to be regarded as having registered as civil partners of each other once each of them has signed the civil partnership schedule, in the presence of—aeach other,btwo witnesses both of whom have attained the age of 16, andcthe approved celebrant or, as the case may be, the authorised registrar.2But the two people must be eligible to be so registered.3Subsection (1) applies regardless of whether subsection (4) is complied with.4After the civil partnership schedule has been signed under subsection (1), it must also be signed, in the presence of the civil partners and each other by—aeach of the two witnesses, andb the approved celebrant or, as the case may be, the authorised registrar.Eligibility861Two people are not eligible to register in Scotland as civil partners of each other if—a. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .bthey are related in a forbidden degree,ceither has not attained the age of 16,deither is married or already in civil partnership, oreeither is incapable of—iunderstanding the nature of civil partnership, oriivalidly consenting to its formation.2Subject to subsection (3), a person is related to another person in a forbidden degree if related to that person in a degree specified in Schedule 10.3 A person who is related to another person in a degree specified in paragraph 2 of Schedule 10 (relationships by affinity) is not related to that person in a forbidden degree if—aboth persons have attained the age of 21, andbthe younger has not at any time before attaining the age of 18 lived in the same household as the elder and been treated by the elder as a child of the elder’s family.3AFor the purposes of paragraph 2 of Schedule 10, “spouse” means—ain the case of a marriage between persons of different sexes, a wife in relation to her husband or a husband in relation to his wife, andbin the case of a marriage between persons of the same sex, one of the parties to the marriage in relation to the other.4Paragraph 2 of Schedule 10 has effect subject to the modifications specified in subsection (5) in the case of a person (here the “relevant person”) whose gender has become the acquired gender under the Gender Recognition Act 2004 (c. 7).5The reference in subsection (3A)(a) as it applies to that paragraph to—aa ... wife of the relevant person includes any ... husband of the relevant person, andba ... husband of the relevant person includes any ... wife of the relevant person.5AThis section and Schedule 10 have effect as if any reference in that Schedule to a parent within any of the degrees of relationship specified ... included a woman who is a parent of a child by virtue of section 42 or 43 of the Human Fertilisation and Embryology Act 2008 (c. 22).6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8References in this section and in Schedule 10 to relationships and degrees of relationship are to be construed in accordance with section 1(1) of the Law Reform (Parent and Child) (Scotland) Act 1986 (c. 9).9For the purposes of this section, a degree of relationship specified in paragraph 1 of Schedule 10 exists whether it is of the full blood or the half blood.10Amend section 41(1) of the Adoption (Scotland) Act 1978 (c. 28) (application to determination of forbidden degrees of provisions of that Act relating to the status conferred by adoption) as follows—aafter first “marriage” insert “ , to the eligibility of persons to register as civil partners of each other ”, andbfor “and incest” substitute “ , to such eligibility and to incest ”.Chapter 2RegistrationAppointment of authorised registrars87For the purpose of affording reasonable facilities throughout Scotland for civil registration as civil partners, the Registrar General—ais to appoint such number of district registrars as he thinks necessary, andbmay, in respect of any district for which he has made an appointment under paragraph (a), appoint one or more assistant registrars,as persons who may carry out such registration (in this Part referred to as “authorised registrars”).Notice of proposed civil partnership881In order to register as civil partners, each of the intended civil partners must submit to the district registrar a notice, in the prescribed form . . . , of intention to enter civil partnership (in this Part referred to as a “notice of proposed civil partnership”).2Each of the intended civil partners must also pay the prescribed fee and submit the following documents—athat person's birth certificate,bif that person has previously been married or in civil partnership and—ithe marriage or civil partnership has been dissolved, a copy of the decree of divorce or dissolution, oriithe other party to that marriage or civil partnership has died, the death certificate of that other party, andcif that person has previously ostensibly been married or in civil partnership but decree of annulment has been obtained, a copy of that decree.2AIf an intended civil partner is a relevant national as defined in section 30A(ab)(i) or (ii) the intended civil partner must also submit—awhere the intended civil partner falls within section 30A(ab)(i), an electronic certificate which confirms that the leave referred to in that provision has been granted; orbwhere the intended civil partner falls within section 30A(ab)(ii)—ia certificate of application which confirms that the application referred to in regulation 4 of the Citizens' Rights (Application Deadline and Temporary Protection) (EU Exit) Regulations 2020 has been made; andiievidence that the relevant period referred to in regulation 4 of those Regulations has not expired.3If a person is unable to submit a certificate or decree required by subsection (2) he may instead make a declaration to that effect, stating what the reasons are; and he must provide the district registrar with such—ainformation in respect of the matters to which the certificate or document would have related, andbdocumentary evidence in support of that information,as the district registrar may require.4If a document submitted under subsection (2) or (3) is in a language other than English, the person submitting it must, unless subsection (4A) applies, attach to the document a translation of it in English, certified by the translator as a correct translation.4AThis subsection applies where—athe document submitted is accompanied by a multilingual standard form issued by an authority in a Member State of the European Union in accordance with Regulation (EU) 2016/1191 of the European Parliament and of the Council, andbthe district registrar considers that the information included in the multilingual standard form is sufficient for processing the document.5A person submitting a notice under subsection (1) must make and attest in the prescribed manner the necessary declaration (the form for which must be included in any form prescribed for the notice).5ARegulations prescribing the form of the notice of proposed civil partnership may make provision for the notice to be electronic rather than paper-based.6The necessary declaration is a declaration that the person submitting the notice believes that the intended civil partners are eligible to be in civil partnership with each other.7In this section, “the district registrar” means—awhere the civil partnership is to be registered in a registration district, the district registrar for that district,bwhere the civil partnership is to be registered in Scottish waters—iin the case where the civil partnership is to be registered by an approved celebrant, the district registrar for any registration district,iiin the case where the civil partnership is to be registered by an authorised registrar, the district registrar for the registration district of the proposed authorised registrar.8A district registrar to whom a notice under subsection (1) is submitted may require the person submitting the notice to provide the district registrar with specified nationality evidence relating to each of the intended civil partners.9A requirement under subsection (8) may be imposed at any time—aon or after the submitting of the notice under subsection (1), butbbefore the district registrar completes the civil partnership schedule.10In subsection (8), “specified nationality evidence” means such evidence of that person's nationality as may be specified in guidance issued by the Registrar General.<Addition ChangeId="key-63b1d8d9a9a1b7eedb9ae21ee6c41c30-1565321663762" CommentaryRef="key-63b1d8d9a9a1b7eedb9ae21ee6c41c30">Additional information if party not relevant national</Addition>88A1This section applies to a notice of proposed civil partnership submitted to a district registrar in accordance with section 88 if one, or each, of the parties to the proposed civil partnership is not a relevant national.2For each party to the proposed civil partnership who is not a relevant national, the notice must be accompanied by whichever of statements A, B or C is applicable to that person.3Statement A is a statement that the person has the appropriate immigration status.4Statement B is a statement that the person holds a relevant visa in respect of the proposed civil partnership.5Statement C is a statement that the person neither—ahas the appropriate immigration status, norbholds a relevant visa in respect of the proposed civil partnership.6If the notice is accompanied by the statement referred to in the first column of an entry in this table, the notice must also be accompanied by the information and photographs referred to in the second column of that entry (insofar as that entry is applicable to the parties to the proposed civil partnership)—If the notice is accompanied by this statement.......the notice must also be accompanied by....Statement A (in respect of one or both of the parties to the proposed civil partnership)For each party in respect of whom statement A is made, details of the particular immigration status which that party hasStatement B (in respect of one or both of the parties to the proposed civil partnership)1. For each party, a specified photograph of that party2. For each party in respect of whom statement B is made, details of the relevant visa which that party hasStatement C (in respect of one or both of the parties to the proposed civil partnership)1. For each party, a specified photograph of that party2. For each party, the usual address of that party3. For each party who has previously used any name or names other than the person’s name stated in the civil partnership notice, a statement of the other name or names4. For each party who currently uses, or has previously used, an alias or aliases, a statement of the alias or aliases.7If the notice is accompanied by more than one of statements A, B and C, subsection (6) must be complied with in relation to each of those statements; but where the notice is accompanied by statements B and C, subsection (6) does not require the notice to be accompanied by more than one specified photograph of each party.8If the notice is accompanied by statement C for a party to the proposed civil partnership—athe notice may also be accompanied by a statement (“statement D”) of that person’s immigration position in the United Kingdom;bif the notice is accompanied by statement D for a party to the proposed civil partnership, the person may provide the district registrar with details of his immigration position in the United Kingdom; andcif any such details are provided, the district registrar must record them.9In this section and section 88B—aa reference—ito a person having the appropriate immigration status, oriito a person holding a relevant visa,is to be construed in accordance with section 49 of the 2014 Act;ba reference to the particular immigration status which a person has is a reference to the immigration status set out in any of paragraphs (a) to (c) of section 49(2) of that Act which the person has;ca reference to a person’s immigration position in the United Kingdom includes a reference to the person’s not being entitled to be in the United Kingdom.10In this section “specified photograph” means a photograph that is in accordance with regulations made by the Secretary of State under section 54(2) of, and paragraph 3 of Schedule 5 to, the 2014 Act (and for this purpose “photograph” includes other kinds of images).<Addition ChangeId="key-63b1d8d9a9a1b7eedb9ae21ee6c41c30-1565321663762" CommentaryRef="key-63b1d8d9a9a1b7eedb9ae21ee6c41c30">Additional evidence if party not relevant national</Addition>88B1If a notice of proposed civil partnership to which section 88A applies (“the notice”) is accompanied by statement A (referred to in section 88A(3)), and accordingly is also accompanied by details of the particular immigration status which a party to the proposed civil partnership has, the notice must also be accompanied by specified evidence of that status.2If the notice is accompanied by statement B (referred to in section 88A(4)), the notice must also be accompanied by specified evidence of the holding of the relevant visa by the party to the proposed civil partnership.3If, in accordance with section 88A(6), the notice is accompanied by the usual address of a party to the proposed civil partnership, the notice must also be accompanied by specified evidence that it is that party’s usual address.4If the notice is accompanied by statement D (referred to in section 88A(8)), the notice may also be accompanied by evidence of the person’s immigration position in the United Kingdom.5If subsection (1) or (2) applies to the notice, and the notice is not accompanied by the specified evidence required by that subsection, the notice must be accompanied by—aphotographs and addresses of the kinds referred to in paragraphs 1 and 2 in the relevant entry in section 88A(6);bas respects the usual address of each party that is provided in accordance with sub-paragraph (a), specified evidence that the address provided is that party’s usual address; andcnames and aliases of the kinds referred to in paragraphs 3 and 4 in the relevant entry in section 88A(6) (insofar as those paragraphs are applicable to the proposed civil partnership).6In this section—“relevant entry in section 88A(6)” means the second column of the last entry in the table in section 88A(6);“specified evidence” means evidence that is in accordance with regulations made by the Secretary of State under section 54(2) of, and paragraph 3 of Schedule 5 to, the 2014 Act.<Addition ChangeId="key-63b1d8d9a9a1b7eedb9ae21ee6c41c30-1565321663762" CommentaryRef="key-63b1d8d9a9a1b7eedb9ae21ee6c41c30">Declaration to accompany information and evidence</Addition>88CWhere the notice of proposed civil partnership is accompanied by—ainformation provided in accordance with section 88A, andbinformation and evidence provided in accordance with section 88B,that information and evidence must also be accompanied by a declaration in writing and signed by the party who makes it that the party believes all of the information and evidence accompanying the notice to be true.<Addition ChangeId="key-63b1d8d9a9a1b7eedb9ae21ee6c41c30-1565321663762" CommentaryRef="key-63b1d8d9a9a1b7eedb9ae21ee6c41c30">Rejection of false information or evidence</Addition>88D1A district registrar may reject—aany evidence relating to a party’s nationality provided in accordance with section 88(8),bany information or photograph provided under section 88A or 88B, orcany evidence provided under section 88B,if (in particular) the district registrar has reasonable grounds for suspecting that the information, photograph or evidence is false.2If the district registrar rejects any information, photograph or evidence, the district registrar may proceed under this Act as if the rejected information, photograph or evidence had not been provided.3This section does not limit the powers of the district registrar to reject anything provided under any other enactment.4In this section “enactment” includes an enactment comprised in, or an instrument made under, an Act of the Scottish Parliament.<Addition ChangeId="key-63b1d8d9a9a1b7eedb9ae21ee6c41c30-1565321663762" CommentaryRef="key-63b1d8d9a9a1b7eedb9ae21ee6c41c30">Notice of proposed civil partnership: treated as not given</Addition>88E1Where any of the requirements imposed by or under any of the provisions of this Act mentioned in subsection (2) is applicable but not complied with by either or both parties to the proposed civil partnership, the parties are to be taken not to have submitted notice under section 88.2The provisions are—asection 88(8);bsection 88A(2) to (7);csection 88B(3) or (5);dparagraph 9 of Schedule 23.<Addition ChangeId="key-63b1d8d9a9a1b7eedb9ae21ee6c41c30-1565321663762" CommentaryRef="key-63b1d8d9a9a1b7eedb9ae21ee6c41c30">Referral of proposed civil partnership to the Secretary of State</Addition>88F1On every occasion when notice of proposed civil partnership is submitted under section 88, a district registrar must decide whether or not each of the parties to the proposed civil partnership is an exempt person.2But this section does not apply if section 96 applies to the proposed civil partnership.3In making a decision under subsection (1) about a party to a proposed civil partnership, a district registrar may rely on any advice given in relation to that decision by the Secretary of State.4In a case where—asection 88A applies to the notice of proposed civil partnership, andbspecified evidence required by section 88B(1) or (2) in relation to a party to the proposed civil partnership is not produced in accordance with that section,the district registrar must decide that that party to the proposed civil partnership is not an exempt person.5If the district registrar decides that either of the parties is not an exempt person, or that both of the parties are not exempt persons, the registrar must—arefer the proposed civil partnership to the Secretary of State;bnotify the parties to the proposed civil partnership that the proposed civil partnership must be referred to the Secretary of State;cgive the parties to the proposed civil partnership prescribed information about—ithe effects of the referral;iithe requirement under regulations to notify the Secretary of State of changes of address.6The district registrar must act in accordance with regulations when complying with the duty in subsection (5)(a) to refer a proposed civil partnership to the Secretary of State.7If the district registrar refers the proposed civil partnership to the Secretary of State, this Act has effect in relation to the proposed civil partnership subject to the modifications in Schedule 10A.8In this section—aa reference to a person being an exempt person has the same meaning as in section 49 of the 2014 Act;b“prescribed information” means information prescribed in regulations;c“regulations” means regulations made by the Secretary of State under section 54(2) of, and Schedule 5 to, the 2014 Act.Civil partnership notice book891On receipt of a notice of proposed civil partnership, the district registrar is to enter in a book (to be known as “the civil partnership book”) supplied to him for that purpose by the Registrar General such particulars, extracted from the notice, as may be prescribed and the date of receipt by him of that notice.2The form and content of any page of that book is to be prescribed.3In this section and sections 90, 91, 92 and 94, “the district registrar” means—awhere the civil partnership is to be registered in a registration district, the district registrar for that district,bwhere the civil partnership is to be registered in Scottish waters—iin the case where the civil partnership is to be registered by an approved celebrant, the district registrar to whom the civil partnership notices were submitted,iiin the case where the civil partnership is to be registered by an authorised registrar, the district registrar for the registration district of the proposed authorised registrar.4Subsection (1) is subject to section 88E.Publicisation901Where notices of a proposed civil partnership are received by the district registrar , he must, as soon as practicable after such receipt(or, if the two documents are not received on the same day, after the first is received), publicise the relevant information and send it to the Registrar General who must also publicise it.2“The relevant information” means—athe names of the intended civil partners, andbthe date on which it is intended to register them as civil partners of each other, being a date more than 28 days after publicisation by the district registrar under subsection (1).3Paragraph (b) of subsection (2) is subject to section 91(1) .4The manner in which and means by which relevant information is to be publicised are to be prescribed.Early registration91 1 Where the district registrar receives a request in writing from one or both of two intended civil partners that they should be registered as civil partners of each other on a date specified in the request (being a date 28 days or fewer after publicisation by the district registrar under subsection (1) of section 90) the district registrar may, provided that he is authorised to do so by the Registrar General, fix that date as the date for registration; and if a date is so fixed, paragraph (b) of subsection (2) of that section is to be construed as if it were a reference to that date.1AUnless subsection (1B) applies, if a proposed civil partnership is referred to the Secretary of State under section 88F (“the referred civil partnership”) the Registrar General may not authorise the district registrar to fix the specified date mentioned in subsection (1) as the date for registration of the referred civil partnership without the consent of the Secretary of State.1BThis subsection applies if the request made under subsection (1) is made because a party to the referred civil partnership is gravely ill and not expected to recover.2For the purposes of subsection (1), a request which is made by electronic means is to be treated as in writing if it is received in a form which is legible and capable of being used for subsequent reference.Objections to registration921Any person may at any time before the registration in Scotland of two people as civil partners of each other submit in writing an objection to such registration to the district registrar.1AFor the purpose of subsection (1), an objection which is submitted to the registrar by electronic means is to be treated as in writing if it is received in a form which is legible and capable of being used for subsequent reference.2But where the objection is that the intended civil partners are not eligible to be in civil partnership with each other because either is incapable of—aunderstanding the nature of civil partnership, orbvalidly consenting to its formation,it shall not be treated as submitted until there has also been produced to the registrar a supporting certificate attested in the prescribed manner by a registered medical practitioner.3A person claiming that he may have reason to submit such an objection may, free of charge and at any time when the registration office of the district registrar is open for public business, inspect any relevant entry in the civil partnership book.4Where the district registrar receives an objection in accordance with subsection (1) he must—ain any case where he is satisfied that the objection relates to no more than a misdescription or inaccuracy in a notice submitted under section 88(1)—inotify the intended civil partners of the nature of the objection and make such enquiries into the matter mentioned in it as he thinks fit, andiisubject to the approval of the Registrar General, make any necessary correction to any document relating to the proposed civil partnership, orbin any other case—iat once notify the Registrar General of the objection, ...iipending consideration of the objection by the Registrar General, suspend the completion or issue of the civil partnership schedule in respect of the proposed civil partnership, andiiiwhere, in the case of a civil partnership to be registered by an approved celebrant, the civil partnership schedule has already been issued to the parties, if possible notify that celebrant of the objection and advise the celebrant not to register the civil partnership pending consideration of the objection.5If the Registrar General is satisfied, on consideration of an objection of which he has received notification under subsection (4)(b)(i) that—athere is a legal impediment to registration, he must direct the district registrar to take all reasonable steps to ensure that the registration of the civil partnership does not take place and must notify, or direct the district registrar to notify, the intended civil partners accordingly, orbthere is no such impediment, he must inform the district registrar to that effect.6For the purposes of this section and section 94, there is a legal impediment to registration where the intended civil partners are not eligible to be in civil partnership with each other.<Substitution ChangeId="key-e1e8bdec51f598b8f569aa7f85d4f569-1565097528668" CommentaryRef="key-e1e8bdec51f598b8f569aa7f85d4f569">Place of civil registration of civil partnerships</Substitution>931Two people may be registered by an authorised registrar as civil partners of each other— aat the registration office of the authorised registrar,bat an appropriate place in the registration district of the authorised registrar, orcwith the approval of the Registrar General, at—ithe registration office of another authorised registrar,iian appropriate place in the registration district of another authorised registrar, oriiian appropriate place in Scottish waters.1AIn this section—“appropriate place” means a place which—the parties to the intended civil partnership and the local registration authority agree is to be the place of registration, andis not religious premises,“local registration authority” means—the local registration authority for the registration district which includes the place, orwhere the place is in Scottish waters, the local registration authority for the authorised registrar's registration district,“religious premises” means premises which—are used solely or mainly for religious purposes, orhave been so used and have not subsequently been used solely or mainly for other purposes.2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4“Local registration authority” has the meaning given by section 5(3) of the 1965 Act.5“Scottish Waters” has the meaning given by section 26(2) of the Marriage (Scotland) Act 1977 (c. 15).<Addition ChangeId="key-7d9295cdeb2f7c111dda41ffc1ed3cc4-1565140113422" CommentaryRef="key-7d9295cdeb2f7c111dda41ffc1ed3cc4">Date and place of registration of religious or belief civil partnerships</Addition>93A1A religious or belief civil partnership may be registered only on the date and at the place specified in the civil partnership schedule.2But if, for any reason, the civil partnership cannot be registered on that date or at that place and a new date or place is fixed for the registration, the district registrar must—aissue another civil partnership schedule under section 94(2) in place of that already issued, specifying the new date or place, orbsubstitute, or direct the approved celebrant to substitute, the new date or place in the civil partnership schedule already issued.3Subsection (2) does not apply where—athe new date is more than 3 months after the date for the registration specified in the civil partnership schedule already issued, orbthe new place is in a different registration district, is in Scottish waters instead of a registration district or is in a registration district instead of Scottish waters.4In a case falling within subsection (3)(a) or (b) the Registrar General may, according to the circumstances—adirect the district registrar—ito issue another civil partnership schedule under section 94(2) in place of that already issued, specifying the new date or place, oriito substitute, or direct the approved celebrant to substitute, the new date or place in the civil partnership schedule already issued,(whichever the Registrar General considers the more appropriate), orbdirect each party to the civil partnership to submit to the district registrar a new notice of proposed civil partnership.The civil partnership schedule94 1 Where—athe district registrar has received a notice of proposed civil partnership in respect of each of the intended civil partners and—iis satisfied that there is no legal impediment to their registration as civil partners of each other, oriias the case may be, is informed under section 92(5)(b) that there is no such impediment,bthe 28 days mentioned in paragraph (b) of section 90(2) have expired (or as the case may be the date which, by virtue of section 91(1), that paragraph is to be construed as a reference to has been reached), andcthe period which has elapsed since the day of receipt of the notices by him (or, if the two notices were not received on the same day, since the day of receipt of the later) does not exceed 3 months,he is to complete a civil partnership schedule in the prescribed form.2In the case of a civil partnership to be registered by an approved celebrant, the civil partnership schedule completed in accordance with subsection (1) is to be issued by the district registrar to one or both of the parties to the intended civil partnership.3The district registrar may not issue the civil partnership schedule on a date earlier than 7 days before the date of the intended civil partnership unless authorised to do so by the Registrar General.<Addition ChangeId="key-cc65d7ade2e7dec5340816dfc336f1d2-1563443303031" CommentaryRef="key-cc65d7ade2e7dec5340816dfc336f1d2">Persons who may register civil partnerships</Addition>94A1A civil partnership between persons of the same sex may be registered by and only by—aa person who is—ia celebrant of a religious or belief body prescribed by regulations made by the Scottish Ministers, or who, not being a celebrant, is recognised by a religious or belief body so prescribed as entitled to register civil partnerships between persons of the same sex on its behalf,iiregistered under section 94B to register civil partnerships between persons of the same sex, oriiitemporarily authorised under section 94E to register civil partnerships between persons of the same sex, orba person who is a district registrar or assistant registrar appointed under section 87.2The Scottish Ministers may prescribe a religious or belief body under subsection (1)(a)(i) only if—athe body requests them to do so, andbthe Scottish Ministers are satisfied that the body meets the qualifying requirements.2AA civil partnership between persons of different sexes may be registered by and only by—aa person who is—ia celebrant of a religious or belief body prescribed by regulations made by the Scottish Ministers, or who, not being a celebrant, is recognised by a religious or belief body so prescribed as entitled to register civil partnerships between persons of different sexes on its behalf,iiregistered under section 94B to register civil partnerships between persons of different sexes, oriiitemporarily authorised under section 94E to register civil partnerships between persons of different sexes, orba person who is a district registrar or assistant registrar appointed under section 87.2BThe Scottish Ministers may prescribe a religious or belief body under subsection (2A)(a)(i) only if—athe body requests them to do so, andbthe Scottish Ministers are satisfied that the body meets the qualifying requirements.3For the avoidance of doubt, nothing in subsection (1)(a) , (2)(a), (2A)(a) or (2B)(a)—aimposes a duty on any religious or belief body to make a request referred to in subsection (2)(a) or subsection (2B)(a),bimposes a duty on any such body to nominate under section 94B any of its members to be registered as empowered to register civil partnerships between persons of the same sex or between persons of different sexes,cimposes a duty on any person to apply for temporary authorisation under section 94E to register civil partnerships between persons of the same sex or between persons of different sexes,dimposes a duty on any person who is an approved celebrant in relation to civil partnerships to register civil partnerships between persons of the same sex or between persons of different sexes.4In this Part—aany such person as is mentioned in subsection (1)(a) or (2A)(a) is referred to as an “approved celebrant”,ba civil partnership registered by an approved celebrant is referred to as a “religious or belief civil partnership”,ca civil partnership registered by an authorised registrar is referred to as a “civil registration”.5In subsection (2)(b), the “qualifying requirements” are such requirements as may be set out in regulations made by the Scottish Ministers.<Addition ChangeId="key-cc65d7ade2e7dec5340816dfc336f1d2-1563443303031" CommentaryRef="key-cc65d7ade2e7dec5340816dfc336f1d2">Registration of nominated persons as celebrants</Addition>94B1A religious or belief body, not being prescribed by virtue of section 94A(1)(a)(i), may nominate to the Registrar General any of its members who it desires should be registered under this section as empowered to register civil partnerships between persons of the same sex.1AA religious or belief body, not being prescribed by virtue of section 94A(2A)(a)(i), may nominate to the Registrar General any of its members who it desires should be registered under this section as empowered to register civil partnerships between persons of different sexes.2The Registrar General must reject a nomination under subsection (1) or (1A) if in the Registrar General's opinion—athe nominating body is not a religious or belief body,bthe nominee is not a fit and proper person to register a civil partnership,cthere are already registered under this section sufficient members of the same body as the nominee to meet the needs of that body in relation to registering civil partnerships between persons of the same sex or, as the case may be, civil partnerships between persons of different sexes, ordthe nominating body does not meet the qualifying requirements.3In subsection (2)(d), the “qualifying requirements” are such requirements as may be set out in regulations made by the Scottish Ministers.4Where the Registrar General accepts a nomination made under subsection (1), the Registrar General—amust determine the period during which the nominee is empowered to register civil partnerships, being a period of not more than 3 years,bmay determine that the nominee is empowered to register civil partnerships only in such area or place as the Registrar General may specify, andcmay make acceptance of the nominee's registration subject to such other conditions as the Registrar General thinks fit.5Nothing in subsection (4)(a) prevents the Registrar General from accepting a further nomination of that nominee, in accordance with this section, to take effect at any time after the end of the period determined by the Registrar General under subsection (4)(a).6The Registrar General must—aif accepting a nomination made under subsection (1) or (1A)—iso inform the nominee and the nominating body, specifying the period during which the acceptance has effect and any condition to which the acceptance is subject,iienter the name of the nominee, the nominating body and such other particulars as the Registrar General thinks fit in a register which the Registrar General must establish and maintain and which must be made available for public inspection at all reasonable times free of charge,bif rejecting a nomination made under subsection (1) or (1A), by notice in writing inform the nominating body of the reasons for that rejection.6AThe register mentioned in subsection (6)(a)(ii) is to be in two parts—athe first part containing the details mentioned in subsection (6)(a)(ii) in relation to persons nominated by religious or belief bodies to register civil partnerships between persons of the same sex, andbthe second part containing those details in relation to persons nominated by religious or belief bodies to register civil partnerships between persons of different sexes.7For the purposes of subsection (6)(b), notice which is given by electronic means is to be treated as in writing if it is received in a form which is legible and capable of being used for subsequent reference.8If the nominating body is aggrieved by a rejection under this section it may, within 28 days of receiving notice of the rejection, appeal to the Scottish Ministers.9On any such appeal the Scottish Ministers may—adirect the Registrar General to accept the nomination, orbconfirm the rejection of the nomination,and must inform the nominating body of their decision and the reason for it; and their decision is final.10If a reason given for confirming the rejection of a nomination is that the nominating body is not a religious or belief body, the body may, within 42 days of receiving notice of the confirmation, appeal against the decision to the Court of Session and seek the determination of that court as to whether the body is a religious or belief body.11If—athe Court determines that the nominating body is a religious or belief body, andbthe reason mentioned in subsection (10) was the only reason given for confirming the rejection of the nomination,the Registrar General must give effect to the determination as if it were a direction under subsection (9)(a) to accept the nomination.<Addition ChangeId="key-cc65d7ade2e7dec5340816dfc336f1d2-1563443303031" CommentaryRef="key-cc65d7ade2e7dec5340816dfc336f1d2">Removal of celebrant's name from register</Addition>94C1Subject to the provisions of this section, the Registrar General may remove the name of a person registered under section 94B from the register on the ground that—athe person has requested that the person's name should be so removed,bthe body which nominated the person under section 94B(1) or (1A) no longer desires that the person should be so registered,cthe person—ihas, while registered as an approved celebrant, been convicted of an offence under this Part,iihas, for the purpose of profit or gain, been carrying on a business of registering civil partnerships,iiiis not a fit and proper person to register civil partnerships, orivfor any other reason, should not be registered as an approved celebrant.2The Registrar General may not remove the name of a person from the register on any ground mentioned in subsection (1)(c) unless the Registrar General has given the person at least 21 days notice in writing of the intention to do so.3For the purposes of subsection (2), notice which is given by electronic means is to be treated as in writing if it is received in a form which is legible and capable of being used for subsequent reference.4The Registrar General must—ain the notice given under subsection (2), specify the ground of removal and call upon the person to give any reasons, within the period specified in the notice, why the person's name should not be removed from the register, andbconsider any representations made within that period by the person.5Where a person's name has been removed from the register on any of the grounds mentioned in paragraph (c) of subsection (1), the person or the body which nominated the person under section 94B(1) or (1A) may, if aggrieved by the removal, within 28 days of receiving notice of the removal appeal to the Scottish Ministers.6On an appeal under subsection (5) the Scottish Ministers may give any direction they think proper to the Registrar General as to the removal from, or restoration to, the register of the person's name; and such direction is final.7Where a person has received a notice in pursuance of subsection (2), the person must not register a civil partnership unless and until the person's name is restored to the register or, as the case may be, the Registrar General has decided not to remove the person's name from the register.<Addition ChangeId="key-cc65d7ade2e7dec5340816dfc336f1d2-1563443303031" CommentaryRef="key-cc65d7ade2e7dec5340816dfc336f1d2">Alterations to register maintained under section 94B</Addition>94D1A body registered in pursuance of section 94B(6)(a)(ii) must notify the Registrar General of any of the following events (if practicable, within 21 days of its occurrence)—aany change in the name or the address of the body or any amalgamation with any other religious or belief body, giving the name and address of any approved celebrant who is a member of the body so registered,bthe death of an approved celebrant who is a member of the body so registered,cany change of name, address or designation of an approved celebrant who is a member of the body so registered,dthe cessation of an approved celebrant who is a member of the body so registered from exercising the functions of an approved celebrant, giving the person's name and address.2The Registrar General must, on receipt of any such notification, make whatever alteration to the register maintained under section 94B the Registrar General considers necessary or desirable.<Addition ChangeId="key-cc65d7ade2e7dec5340816dfc336f1d2-1563443303031" CommentaryRef="key-cc65d7ade2e7dec5340816dfc336f1d2">Temporary authorisation of celebrants</Addition>94E1The Registrar General may, in accordance with such terms and conditions as may be specified in the authorisation, grant to any member of a religious or belief body a temporary written authorisation to register—aa civil partnership or partnerships specified in the authorisation, orbcivil partnerships during such period as is specified in the authorisation.2The Registrar General may grant an authorisation to a person under subsection (1) only if satisfied that the religious or belief body of which the person is a member meets the qualifying requirements.2AAn authorisation under subsection (1)(b) may be granted in relation to—acivil partnerships between persons of the same sex only,bcivil partnerships between persons of different sexes only, orcboth.3The Registrar General may grant an authorisation to a person under subsection (1)(b) in relation to civil partnerships between persons of the same sex only if the religious or belief body of which the person is a member—ais prescribed by virtue of section 94A(1)(a)(i), orbhas nominated members (whether or not including that person) under section 94B(1).3AThe Registrar General may grant an authorisation to a person under subsection (1)(b) in relation to civil partnerships between persons of different sexes only if the religious or belief body of which the person is a member—ais prescribed by virtue of section 94A(2A)(a)(i), orbhas nominated members (whether or not including that person) under section 94B(1A).4In subsection (2), the “qualifying requirements” are such requirements as may be set out in regulations made by the Scottish Ministers.5For the purposes of subsection (1), an authorisation which is issued by electronic means is to be treated as written if it is received in a form which is legible and capable of being used for subsequent reference.Further provision as to registration951Before the persons present sign in accordance with section 85 the approved celebrant or, as the case may be, the authorised registrar is to require the intended civil partners to confirm that (to the best of their knowledge) the particulars set out in the civil partnership schedule are correct.1AIn the case of a religious or belief civil partnership, the parties to the civil partnership must, within 3 days of signing the civil partnership schedule in accordance with section 85(4), deliver the civil partnership schedule, or send it by post or arrange that it is delivered, to the district registrar.2As soon as practicable after—ain the case of a civil registration, the civil partnership schedule has been signed in accordance with section 85, orbin the case of a religious or belief civil partnership, the district registrar receives the civil partnership schedule,the district registrar must cause those particulars to be entered in a register (to be known as the “civil partnership register”) supplied to him for that purpose by the Registrar General.3The form and content of any page of that register is to be prescribed.3ZAA civil partnership register may, if the Registrar General so determines, be electronic rather than paper-based.3AThe district registrar must not enter the particulars set out in the civil partnership schedule relating to a religious or belief civil partnership in the civil partnership register unless and until the registrar receives a duly signed civil partnership schedule in respect of that civil partnership.3BWhere the Registrar General is satisfied that—aa civil partnership has been properly registered, andbthe civil partnership schedule in respect of the civil partnership has been duly signed but has been lost or destroyed,the Registrar General may direct the district registrar to complete an exact copy of the original civil partnership schedule and, so far as practicable, to arrange for its signature by those persons who signed the original schedule.3CAs soon as possible after the copy schedule has been signed, the district registrar must cause the particulars as set out in it to be entered into the civil partnership register.4A fee payable by the intended civil partners for their civil registration as civil partners of each other is to be prescribed.<Addition ChangeId="key-6ac777b12c17bc9d71441fd2c5bd369f-1563443515179" CommentaryRef="key-6ac777b12c17bc9d71441fd2c5bd369f">Registrar's power to require delivery of civil partnership schedule</Addition>95ZA1Where the civil partnership schedule is not delivered to the district registrar within 21 days from the date of registration as entered in the schedule, the registrar may serve a notice in the prescribed form on either of the parties to the civil partnership requiring that party within 8 days from the date of service to deliver the schedule, or send it by post, to the registrar.2If a person on whom a notice has been served under subsection (1) fails to comply with the notice, the district registrar may serve on the person a second notice in the prescribed form requiring the person to attend personally at the registration office of the district registrar, within 8 days from the date of service of the second notice, for the purpose of delivering the civil partnership schedule to the district registrar to enable the registrar to enter the civil partnership in the civil partnership register.<Addition ChangeId="d29p6522" CommentaryRef="c20599541">Validity following entry in civil partnership register</Addition>95A1Subsection (2) applies where the particulars set out in a civil partnership schedule signed in accordance with section 85 are entered in the civil partnership register in pursuance of section 95(2) or (3C).2The validity of the registration as civil partners to which the schedule relates is not to be questioned in any legal proceedings on the ground of failure to comply with a requirement or restriction imposed by or under this Part.3Subsection (2)—ais subject to section 85(2), andbdoes not prejudice section 100.Civil partnership with former spouse961Where an intended civil partner has a full gender recognition certificate issued under section 5(1) of the Gender Recognition Act 2004 (c. 7) and the other intended civil partner was the other party in the proceedings in which the certificate was issued, the procedures for their registration as civil partners of each other may—aif they so elect, andbif each of them submits a notice under section 88(1) within 30 days after the certificate is issued,be expedited as follows.2The registration may take place on any of the 30 days immediately following—athat on which the notices are submitted, orb(if the two notices are not submitted on the same day) that on which the later is submitted.3And accordingly there are to be disregarded—ain section 90—iin subsection (2)(b), the words from “being” to the end, andiisubsection (3),bsection 91(1), andcin section 94, subsection (1)(b).Certificates of no impediment for Part 2 purposes971This section applies where—atwo people propose to register as civil partners of each other under Chapter 1 of Part 2, andbone of them (“A”) resides in Scotland but the other (“B”) resides in England or Wales.2A may submit a notice of intention to register under section 88 as if A and B intended to register as civil partners in the district in which A resides.3If the district registrar is satisfied (after consultation, if he considers it necessary, with the Registrar General) that there is no impediment (in terms of section 92(6)) to A registering as B’s civil partner, he must issue a certificate to A in the prescribed form that there is not known to be any such impediment.4But the certificate may not be issued to A earlier than 28 days after the receipt (as entered in the civil partnership notice book) of the notice under subsection (2) unless—athe circumstances are as mentioned in section 96(1), andbA makes an election for the certificate to be issued as soon as possible.5Any person may, at any time before a certificate is issued under subsection (3), submit to the district registrar an objection in writing to its issue.5AFor the purposes of subsection (5), an objection which is submitted by electronic means is to be treated as in writing if it is received in a form which is legible and capable of being used for subsequent reference.6Any objection made under subsection (5) must be taken into account by the district registrar in deciding whether he is satisfied that there is no legal impediment to A registering as B’s civil partner.<Addition ChangeId="key-47cfd5626ab5a8f86d18b0dbdfc8a053-1643278152759" CommentaryRef="key-47cfd5626ab5a8f86d18b0dbdfc8a053">Second civil partnership registration</Addition>97A1Subsection (2) applies where—atwo people have registered a specified relationship (within the meaning of section 213) or a relationship which meets the general conditions (within the meaning of section 214), whether before or after section 10 of the Civil Partnership (Scotland) Act 2020 comes into force, andbthat relationship would result in them being treated as having formed a civil partnership under the law of Scotland (by virtue of section 1(1)(b) and Chapter 2 of Part 5) but for the fact that they cannot prove that the relationship has been registered as mentioned in section 212(1)(b).2An authorised registrar may, on an application made by the parties to the relationship, subject to the approval of the Registrar General and to subsection (3), register their civil partnership as if they had not already registered that relationship with each other.3Sections 85 to 100 apply for the purpose of registering a civil partnership under this section as they apply to registering a civil partnership under section 1, subject to the modifications set out in subsections (4) to (11).4Section 85 (formation of civil partnership by registration) applies as if the words “the approved celebrant or, as the case may be,”, in both places where they occur, were omitted.5Section 86 (eligibility) does not apply in respect of the parties already being in civil partnership with each other.6Section 88 (notice of proposed civil partnership) applies as if after subsection (1) there were inserted—1ABoth parties must submit to the authorised registrar a statutory declaration—astating that they have previously registered their relationship, andbspecifying the date, place and country or territory at which, and the circumstances in which, they did so..7Section 93A does not apply.8Section 94 (the civil partnership schedule) applies as if after subsection (1) there were inserted—1AIn the case of a civil partnership to be registered under section 97A, the civil partnership schedule is to contain such modifications as the Registrar General may direct to indicate that the parties have previously entered into a civil partnership with each other..9Section 94A (persons who may register civil partnerships) applies as if subsections (1)(a), (2), (2A)(a), (2B), (3), (4)(a) and (b) and (5) were omitted.10Sections 94B to 94E do not apply.11Section 95 (further provision as to registration) applies as if after subsection (2) there were inserted—2AAs soon as practicable after the civil partnership schedule has been signed in accordance with section 85, the authorised registrar must make an endorsement on it in the following terms—This civil partnership registration was carried out under section 97A of the Civil Partnership Act 2004, following a statutory declaration by the parties that they registered a relationship with each other on [date] at [place] in [country or territory]...<Substitution ChangeId="d29p6717" CommentaryRef="c20863221">Application of certain provisions to civil partnerships</Substitution>981The following sections of the 1965 Act apply in relation to the civil partnership register as they apply in relation to the registers of births, marriages and deaths—asection 34 (examination and transmission of registers),bsection 38(1) and (2) (search of indexes kept by Registrar General),csection 39C (provision of information to district registrars), anddsection 44 (Register of Corrections Etc.).2Section 39A of the 1965 Act (notice of registration events to third parties) applies in relation to a civil partnership as it applies in relation to a marriage.3In that application, the reference in section 39A(2)(c) to the marriage having been registered in accordance with section 15 or 19 of the Marriage (Scotland) Act 1977 (c. 15) is to be read as a reference to the particulars of the formation of the civil partnership having been entered in the civil partnership register under section 95(2) of this Act.Correction of errors in civil partnership register991No alteration is to be made in the civil partnership register except as authorised by or under this or any other Act (“Act” including an Act of the Scottish Parliament).2Any clerical error in the register or error in it of a kind prescribed may be corrected by the district registrar.3The Registrar General may authorise district examiners (“district examiner” having the meaning given by section 2(1) of the 1965 Act) to correct any error in the register of a type specified by him which they discover during an examination under section 34 of the 1965 Act.Offences1001A person (“A”) commits an offence who purports to register in Scotland as the civil partner of another person (“B”) knowing that either or both—aA is already married to or in civil partnership with a person other than B, orbB is already married to or in civil partnership with a person other than A.2A person commits an offence who knowingly—afalsifies or forges any civil partnership document (that is to say, any document issued or made, or purporting to be issued or made, or required, under this Part),buses, or gives or sends to any person as genuine, any false or forged civil partnership document,cbeing an approved celebrant or, as the case may be, an authorised registrar, purports to register two people as civil partners of each other before any civil partnership schedule available to him at the time of registration has been duly completed,dnot being an approved celebrant or, as the case may be, an authorised registrar, conducts himself in such a way as to lead intended civil partners to believe that he is authorised to register them as civil partners of each other,ebeing an approved celebrant or, as the case may be, an authorised registrar, purports to register two people as civil partners of each other without both of them being present, orfbeing an authorised registrar, purports to register two people as civil partners of each other in a place other than in accordance with section 93.3A person guilty of an offence under subsection (1) or (2) is liable—aon conviction on indictment, to imprisonment for a term not exceeding 2 years or to a fine (or both);bon summary conviction, to imprisonment for a term not exceeding 3 months or to a fine not exceeding the statutory maximum (or both).3AA person commits an offence if the person—aregisters a civil partnership in an area or place in which by virtue of section 94B(4)(b) the person is not permitted to register a civil partnership,bregisters a civil partnership in contravention of section 94C(7),cbeing a person temporarily authorised under section 94E—iif authorised under subsection (1)(a) of that section, registers a civil partnership not specified in the authorisation,iiif authorised under subsection (1)(b) of that section, registers a civil partnership outwith the period specified in the authorisation,iiiin either case, registers a civil partnership otherwise than in accordance with such terms and conditions as may be specified in the authorisation,dbeing a party to a civil partnership, fails to comply with a notice served under section 95ZA(2).3BA person guilty of an offence under subsection (3A) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.4Summary proceedings for an offence under subsection (1), (2) or (3A) may be commenced at any time within 3 months after evidence sufficient in the opinion of the Lord Advocate to justify the proceedings comes to his knowledge or within 12 months after the offence is committed (whichever period last expires).5Subsection (3) of section 136 of the Criminal Procedure (Scotland) Act 1995 (c. 46) (time limits) has effect for the purposes of this section as it has for the purposes of that section.Chapter 3Occupancy rights and tenancies<Emphasis>Occupancy rights</Emphasis>Occupancy rights1011Where, apart from the provisions of this Chapter, one civil partner in a civil partnership is entitled, or permitted by a third party, to occupy a family home of the civil partnership (that civil partner being referred in this Chapter as an “entitled partner”) and the other civil partner is not so entitled or permitted (a “non-entitled partner”), the non-entitled partner has, subject to the provisions of this Chapter, the following rights—aif in occupation, a right to continue to occupy the family home;bif not in occupation, a right to enter into and occupy the family home.2The rights conferred by subsection (1) to continue to occupy or, as the case may be, to enter and occupy the family home include, without prejudice to their generality, the right to do so together with any child of the family.3In subsection (1), an “entitled partner” includes a civil partner who is entitled, or permitted by a third party, to occupy the family home along with an individual who is not the other civil partner only if that individual has waived a right of occupation in favour of the civil partner so entitled or permitted.4If the entitled partner refuses to allow the non-entitled partner to exercise the right conferred by subsection (1)(b), the non-entitled partner may exercise that right only with the leave of the Court of Session or the sheriff under section 103(3) or (4).5A non-entitled partner may renounce in writing the rights mentioned in paragraphs (a) and (b) of subsection (1) only—ain a particular family home, orbin a particular property which it is intended by the civil partners will become their family home.6A renunciation under subsection (5) has effect only if, at the time of making the renunciation, the non-entitled partner swears or affirms before a notary public that it is made freely and without coercion of any kind.6ASubject to subsection (5), if—athere has been no cohabitation between an entitled partner and a non-entitled partner during a continuous period of two years, andbduring that period the non-entitled partner has not occupied the family home,the non-entitled partner shall, on the expiry of that period, cease to have occupancy rights in the family home.6BA non-entitled partner who has ceased to have occupancy rights by virtue of subsection (6A) may not apply to the court for an order under section 103(1).7In this Part—“child of the family” means any child or grandchild of either civil partner, and any person who has been brought up or treated by either civil partner as if the person were a child of that partner, whatever the age of such a child, grandchild or person, and“family” means the civil partners in the civil partnership, together with any child , grandchild or person so treated by them.8In subsection (6), “notary public” includes any person duly authorised, by the law of the country other than Scotland in which the swearing or affirmation takes place, to administer oaths or receive affirmations in that other country.Occupancy: subsidiary and consequential rights1021For the purpose of securing the occupancy rights of a non-entitled partner, that partner is, in relation to a family home, entitled without the consent of the entitled partner—ato make any payment due by the entitled partner in respect of rent, rates, secured loan instalments, interest or other outgoings (not being outgoings on repairs or improvements);bto perform any other obligation incumbent on the entitled partner (not being an obligation in respect of non-essential repairs or improvements);cto enforce performance of an obligation by a third party which that third party has undertaken to the entitled partner to the extent that the entitled partner may enforce such performance;dto carry out such essential repairs as the entitled partner may carry out;eto carry out such non-essential repairs or improvements as may be authorised by an order of the court, being such repairs or improvements as the entitled partner may carry out and which the court considers to be appropriate for the reasonable enjoyment of the occupancy rights;fto take such other steps, for the purpose of protecting the occupancy rights of the non-entitled partner, as the entitled partner may take to protect the occupancy rights of the entitled partner.2Any payment made under subsection (1)(a) or any obligation performed under subsection (1)(b) has effect in relation to the rights of a third party as if the payment were made or the obligation were performed by the entitled partner; and the performance of an obligation which has been enforced under subsection (1)(c) has effect as if it had been enforced by the entitled partner.3Where there is an entitled and a non-entitled partner, the court, on the application of either of them, may, having regard in particular to the respective financial circumstances of the partners, make an order apportioning expenditure incurred or to be incurred by either partner—awithout the consent of the other partner, on any of the items mentioned in paragraphs (a) and (d) of subsection (1);bwith the consent of the other partner, on anything relating to a family home.4Where both partners are entitled, or permitted by a third party, to occupy a family home—aeither partner is entitled, without the consent of the other partner, to carry out such non-essential repairs or improvements as may be authorised by an order of the court, being such repairs or improvements as the court considers to be appropriate for the reasonable enjoyment of the occupancy rights;bthe court, on the application of either partner, may, having regard in particular to the respective financial circumstances of the partners, make an order apportioning expenditure incurred or to be incurred by either partner, with or without the consent of the other partner, on anything relating to the family home.5Where one partner (“A”) owns or hires, or is acquiring under a hire-purchase or conditional sale agreement, furniture and plenishings in a family home—athe other partner may, without the consent of A—imake any payment due by A which is necessary, or take any other step which A is entitled to take, to secure the possession or use of any such furniture and plenishings (and any such payment is to have effect in relation to the rights of a third party as if it were made by A), oriicarry out such essential repairs to the furniture and plenishings as A is entitled to carry out;bthe court, on the application of either partner, may, having regard in particular to the respective financial circumstances of the partners, make an order apportioning expenditure incurred or to be incurred by either partner—iwithout the consent of the other partner, in making payments under a hire, hire-purchase or conditional sale agreement, or in paying interest charges in respect of the furniture and plenishings, or in carrying out essential repairs to the furniture and plenishings, oriiwith the consent of the other partner, on anything relating to the furniture or plenishings.6An order under subsection (3), (4)(b) or (5)(b) may require one partner to make a payment to the other partner in implementation of the apportionment.7Any application under subsection (3), (4)(b) or (5)(b) is to be made within 5 years after the date on which any payment in respect of such incurred expenditure was made.8Where—athe entitled partner is a tenant of a family home,bpossession of it is necessary in order to continue the tenancy, andcthe entitled partner abandons such possession,the tenancy is continued by such possession by the non-entitled partner.8AIn subsection (1)(a), “secured loan” includes secured obligation (construed in accordance with section 43(1) of the Moveable Transactions (Scotland) Act 2023).9In this section “improvements” includes alterations and enlargement.Regulation by court of rights of occupancy of family home1031Subject to section 101(6A), Where there is an entitled and a non-entitled partner, or where both partners are entitled, or permitted by a third party, to occupy a family home, either partner may apply to the court for an order—adeclaring the occupancy rights of the applicant partner;benforcing the occupancy rights of the applicant partner;crestricting the occupancy rights of the non-applicant partner;dregulating the exercise by either partner of his or her occupancy rights;eprotecting the occupancy rights of the applicant partner in relation to the other partner.2Where one partner owns or hires, or is acquiring under a hire-purchase or conditional sale agreement, furniture and plenishings in a family home and the other partner has occupancy rights in that home, that other person may apply to the court for an order granting to the applicant the possession or use in the family home of any such furniture and plenishings; but, subject to section 102, an order under this subsection does not prejudice the rights of any third party in relation to the non-performance of any obligation under such hire-purchase or conditional sale agreement or the rights of any secured creditor in relation to the non-performance of a secured obligation.3The court is to grant an application under subsection (1)(a) if it appears to the court that the application relates to a family home; and, on an application under any of paragraphs (b) to (e) of subsection (1) or under subsection (2), the court may make such order relating to the application as appears to it to be just and reasonable having regard to all the circumstances of the case including—athe conduct of the partners, whether in relation to each other or otherwise,bthe respective needs and financial resources of the partners,cthe needs of any child of the family,dthe extent (if any) to which—ithe family home, andiiin relation only to an order under subsection (2), any item of furniture and plenishings referred to in that subsection, is used in connection with a trade, business or profession of either partner, andewhether the entitled partner offers or has offered to make available to the non-entitled partner any suitable alternative accommodation.4Pending the making of an order under subsection (3), the court, on the application of either partner, may make such interim order as it considers necessary or expedient in relation to—athe residence of either partner in the home to which the application relates,bthe personal effects of either partner or of any child of the family, orcthe furniture and plenishings,but an interim order may be made only if the non-applicant partner has been afforded an opportunity of being heard by or represented before the court.5The court is not to make an order under subsection (3) or (4) if it appears that the effect of the order would be to exclude the non-applicant partner from the family home.6If the court makes an order under subsection (3) or (4) which requires the delivery to one partner of anything which has been left in or removed from the family home, it may also grant a warrant authorising a messenger-at-arms or sheriff officer to enter the family home or other premises occupied by the other partner and to search for and take possession of the thing required to be delivered, (if need be by opening shut and lockfast places) and to deliver the thing in accordance with the order.7A warrant granted under subsection (6) is to be executed only after expiry of such period as the court is to specify in the order for delivery.8Where it appears to the court—aon the application of a non-entitled partner, that the applicant has suffered a loss of occupancy rights or that the quality of the applicant’s occupation of a family home has been impaired, orbon the application of a partner who has been given the possession or use of furniture and plenishings by virtue of an order under subsection (3), that the applicant has suffered a loss of such possession or use or that the quality of the applicant’s possession or use of the furniture and plenishings has been impaired,in consequence of any act or default on the part of the other partner which was intended to result in such loss or impairment, it may order that other partner to pay to the applicant such compensation as it considers just and reasonable in respect of that loss or impairment.9A partner may renounce in writing the right to apply under subsection (2) for the possession or use of any item of furniture and plenishings.10In subsection (2)—“secured creditor” has the meaning given by section 113(1) of the Moveable Transactions (Scotland) Act 2023, and“secured obligation” is to be construed in accordance with section 43(1) of the Moveable Transactions (Scotland) Act 2023.Exclusion orders1041Where there is an entitled and non-entitled partner, or where both partners are entitled, or permitted by a third party, to occupy a family home, either partner, whether or not that partner is in occupation at the time of the application, may apply to the court for an order (in this Chapter referred to as “an exclusion order”) suspending the occupancy rights of the other partner (“the non-applicant partner”) in a family home.2Subject to subsection (3), the court is to make an exclusion order if it appears to it that to do so is necessary for the protection of the applicant or any child of the family from any conduct, or threatened or reasonably apprehended conduct, of the non-applicant partner which is or would be injurious to the physical or mental health of the applicant or child.3The court is not to make an exclusion order if it appears to it that to do so would be unjustified or unreasonable—ahaving regard to all the circumstances of the case including the matters specified in paragraphs (a) to (e) of section 103(3), andbwhere the family home—iis, or is part of, an agricultural holding within the meaning of section 1 of the Agricultural Holdings (Scotland) Act 1991 (c. 55), oriiis let, or is a home in respect of which possession is given, to the non-applicant partner or to both partners by an employer as an incident of employment,having regard to any requirement that the non-applicant partner, or, as the case may be, both partners must reside in the family home and to the likely consequences of the exclusion of the non-applicant partner from the family home.4In making an exclusion order the court is, on the application of the applicant partner—ato grant a warrant for the summary ejection of the non-applicant partner from the family home unless the non-applicant partner satisfies the court that it is unnecessary for it to grant such a remedy,bto grant an interdict prohibiting the non-applicant partner from entering the family home without the express permission of the applicant, andcto grant an interdict prohibiting the removal by the non-applicant partner, except with the written consent of the applicant or by a further order of the court, of any furniture and plenishings in the family home unless the non-applicant partner satisfies the court that it is unnecessary for it to grant such a remedy.5In making an exclusion order the court may—agrant an interdict prohibiting the non-applicant partner from entering or remaining in a specified area in the vicinity of the family home;bwhere the warrant for the summary ejection of the non-applicant partner has been granted in that partner’s absence, give directions as to the preservation of that partner’s goods and effects which remain in the family home;con the application of either partner, make the exclusion order or the warrant or interdict mentioned in paragraph (a), (b) or (c) of subsection (4) or paragraph (a) of this subsection subject to such terms and conditions as the court may prescribe;don the application of either partner, make such other order as it considers necessary for the proper enforcement of an order made under subsection (4) or paragraph (a), (b) or (c).6Pending the making of an exclusion order, the court may, on the application of the applicant partner, make an interim order suspending the occupancy rights of the non-applicant partner in the family home to which the application for the exclusion order relates; and subsections (4) and (5) apply to such an interim order as they apply to an exclusion order.7But an interim order may be made only if the non-applicant partner has been afforded an opportunity of being heard by or represented before the court.8Without prejudice to subsections (1) and (6), where both partners are entitled, or permitted by a third party, to occupy a family home, it is incompetent for one partner to bring an action of ejection from the family home against the other partner.Duration of orders under sections 103 and 1041051The court may, on the application of either partner, vary or recall any order made by it under section 103 or 104.2Subject to subsection (3), any such order, unless previously so varied or recalled, ceases to have effect—aon the dissolution of the civil partnership,bsubject to section 106(1), where there is an entitled and non-entitled partner, on the entitled partner ceasing to be an entitled partner in respect of the family home to which the order relates, orcwhere both partners are entitled, or permitted by a third party, to occupy the family home, on both partners ceasing to be so entitled or permitted.3Without prejudice to the generality of subsection (2), an order under section 103(3) or (4) which grants the possession or use of furniture and plenishings ceases to have effect if the furniture and plenishings cease to be permitted by a third party to be retained in the family home.Continued exercise of occupancy rights after dealing1061Subject to subsection (3)—athe continued exercise of the rights conferred on a non-entitled partner by the provisions of this Chapter in respect of a family home are not prejudiced by reason only of any dealing of the entitled partner relating to that home, andba third party is not by reason only of such a dealing entitled to occupy that home or any part of it.1AThe occupancy rights of a non-entitled partner in relation to a family home shall not be exercisable in relation to the home where, following a dealing of the entitled partner relating to the home—aa person acquires the home, or an interest in it, in good faith and for value from a person other than the person who is or, as the case may be, was the entitled partner, orba person derives title to the home from a person who acquired title as mentioned in paragraph (a).2In this section and section 107—“dealing” includes the grant of a heritable security , the grant of a statutory pledge and the creation of a trust but does not include a conveyance under section 80 of the Lands Clauses Consolidation Act 1845 (c. 18);“entitled partner” does not include a civil partner who, apart from the provisions of this Chapter—is permitted by a third party to occupy a family home, oris entitled to occupy a family home along with an individual who is not the other civil partner whether or not that individual has waived a right of occupation in favour of the civil partner so entitled,(“non-entitled partner” being construed accordingly).3This section does not apply in any case where—athe non-entitled partner in writing either—iconsents or has consented to the dealing (any consent being in such form as the Scottish Ministers may, by regulations made by statutory instrument, prescribe), oriirenounces or has renounced occupancy rights in relation to the family home or property to which the dealing relates,bthe court has made an order under section 107 dispensing with the consent of the non-entitled partner to the dealing,cthe dealing occurred, or implements a binding obligation entered into by the entitled partner, before the registration of the civil partnership,dthe dealing occurred, or implements a binding obligation entered into, before the commencement of this section,ethe dealing comprises a transfer for value to a third party who has acted in good faith, if there is produced to the third party by the transferor—ia written declaration signed by the transferor, or a person acting on behalf of the transferor under a power of attorney or as a guardian (within the meaning of the Adults with Incapacity (Scotland) Act 2000 (asp 4)), that the subjects of the transfer are not, or were not at the time of the dealing, a family home in relation to which a civil partner of the transferor has or had occupancy rights, oriia renunciation of occupancy rights or consent to the dealing which bears to have been properly made or given by the non-entitled partner or a person acting on behalf of the non-entitled partner under a power of attorney or as a guardian (within the meaning of the Adults with Incapacity (Scotland) Act 2000 (asp 4)).fthe entitled partner has permanently ceased to be entitled to occupy the family home, and at any time after that a continuous period of 2 years has elapsed during which the non-entitled partner has not occupied the family home.4For the purposes of subsection (3)(e), the time of the dealing, in the case of the sale of an interest in heritable property, is the date of delivery to the purchaser of the deed transferring title to that interest.Dispensation with civil partner’s consent to dealing1071Subject to subsections (1A) and (1C), The court may, on the application of an entitled partner or any other person having an interest, make an order dispensing with the consent of a non-entitled partner to a dealing which has taken place or a proposed dealing, if—asuch consent is unreasonably withheld,bsuch consent cannot be given by reason of physical or mental disability, orcthe non-entitled partner cannot be found after reasonable steps have been taken to trace that partner.1ASubsection (1B) applies if, in relation to a proposed sale—anegotiations with a third party have not begun, orbnegotiations have begun but a price has not been agreed.1BAn order under subsection (1) dispensing with consent may be made only if—athe price agreed for the sale is no less than such amount as the court specifies in the order, andbthe contract for the sale is concluded before the expiry of such period as may be so specified.1CSubsection (1D) applies if the proposed dealing is the grant of a heritable security.1DAn order under subsection (1) dispensing with consent may be made only if—athe heritable security is granted for a loan of no more than such amount as the court specifies in the order, andbthe security is executed before the expiry of such period as may be so specified.2For the purposes of subsection (1)(a), a non-entitled partner has unreasonably withheld consent to a dealing which has taken place or a proposed dealing, where it appears to the court either—athat the non-entitled partner—ihas led the entitled partner to believe that the non-entitled partner would consent to the dealing, andiiwould not be prejudiced by any change in the circumstances of the case since the conduct which gave rise to that belief occurred, orbthat the entitled partner has, having taken all reasonable steps to do so, been unable to obtain an answer to a request for consent.3The court, in considering whether to make an order under subsection (1), is to have regard to all the circumstances of the case including the matters specified in paragraphs (a) to (e) of section 103(3).3AIf the court refuses an application for an order under subsection (1), it may make an order requiring a non-entitled partner who is or becomes the occupier of the family home—ato make such payments to the owner of the home in respect of that partner's occupation of it as may be specified in the order,bto comply with such other conditions relating to that partner's occupation of the family home as may be so specified.4Where—aan application is made for an order under this section, andban action is or has been raised by a non-entitled partner to enforce occupancy rights,the action is to be sisted until the conclusion of the proceedings on the application.<Substitution ChangeId="M_F_1d17b8b4-4094-413d-e362-d2a662a482f3-1744198918287" CommentaryRef="M_F_1d17b8b4-4094-413d-e362-d2a662a482f3">Interests of creditors</Substitution>1081The rights of a third party with an interest in the family home as a creditor under a secured loan in relation to the non-performance of any obligation under the loan are not prejudiced by reason only of the occupancy rights of the non-entitled partner; but where a non-entitled partner has or obtains occupation of a family home and—athe entitled partner is not in occupation, andbthere is a third party with such an interest in the family home,the court may, on the application of the third party, make an order requiring the non-entitled partner to make any payment due by the entitled partner in respect of the loan.2This section does not apply to secured loans in respect of which the security was granted prior to the commencement of section 13 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73) unless the third party in granting the secured loan acted in good faith and there was produced to the third party by the entitled partner—aa written declaration signed by the entitled partner declaring that there is no non-entitled partner, orba renunciation of occupancy rights or consent to the taking of the loan which bears to have been properly made or given by the non-entitled partner.3This section does not apply to secured loans in respect of which the security was granted after the commencement of section 13 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73) unless the third party in granting the secured loan acted in good faith and there was produced to the third party by the grantor—aa written declaration signed by the grantor declaring that the security subjects are not or were not at the time of the granting of the security a family home in relation to which a civil partner of the grantor has or had occupancy rights, orba renunciation of occupancy rights or consent to the granting of the security which bears to have been properly made or given by the non-entitled partner.4For the purposes of subsections (2) and (3), the time of granting a security, in the case of a heritable security, is the date of delivery of the deed creating the security.5For the purposes of subsection (3), the time of granting a security, in the case of a statutory pledge, is—athe date of delivery of the constitutive document of the statutory pledge, orbwhere the statutory pledge is granted in an amendment document, the date of delivery of that document.Provisions where both civil partners have title1091Subject to subsection (2), where, apart from the provisions of this Chapter, both civil partners are entitled to occupy a family home—athe rights in that home of one civil partner are not prejudiced by reason only of any dealing of the other civil partner, andba third party is not by reason only of such a dealing entitled to occupy that home or any part of it.2Sections 106(3) and 107 and the definition of “dealing” in section 106(2) apply for the purposes of subsection (1) as they apply for the purposes of section 106(1) but subject to the following modifications—aany reference to the entitled partner and to the non-entitled partner is to be construed as a reference to a civil partner who has entered into, or as the case may be proposes to enter into, a dealing and to the other civil partner respectively, andbin paragraph (b) of section 107(4) the reference to occupancy rights is to be construed as a reference to any rights in the family home.Rights of occupancy in relation to division and sale110Where a civil partner brings an action for the division and sale of a family home owned in common with the other civil partner, the court, after having regard to all the circumstances of the case including—athe matters specified in paragraphs (a) to (d) of section 103(3), andbwhether the civil partner bringing the action offers or has offered to make available to the other civil partner any suitable alternative accommodation,may refuse to grant decree in that action or may postpone the granting of decree for such period as it considers reasonable in the circumstances or may grant decree subject to such conditions as it may prescribe.Adjudication1111Where a family home as regards which there is an entitled partner and a non-entitled partner is adjudged, the Court of Session, on the application of the non-entitled partner made within 40 days after the date of the decree of adjudication, may—aorder the reduction of the decree, orbmake such order as it thinks appropriate to protect the occupancy rights of the non-entitled partner,if satisfied that the purpose of the diligence was wholly or mainly to defeat the occupancy rights of the non-entitled partner.2Section 106(2) applies in construing “entitled partner” and “non-entitled partner” for the purposes of subsection (1).<Addition ChangeId="d29p8103" CommentaryRef="c20602991">Effect of court action under section 103, 104 or 105 on reckoning of periods in sections 101 and 106</Addition>111A1Subsection (2) applies where an application is made under section 103(1), 104(1) or 105(1).2In calculating the period of two years mentioned in section 101(6A)(a) or 106(3)(f), no account shall be taken of the period mentioned in subsection (3).3The period is the period beginning with the date on which the application is made and—ain the case of an application under section 103(1) or 104(1), ending on the date on which—ian order under section 103(3) or, as the case may be, 104(2) is made, oriithe application is otherwise finally determined or abandoned,bin the case of an application under section 105(1), ending on the date on which—ithe order under section 103(3) or, as the case may be, 104(2) is varied or recalled, oriithe application is otherwise finally determined or abandoned.<Emphasis>Transfer of tenancy</Emphasis>Transfer of tenancy1121The court may, on the application of a non-entitled partner, make an order transferring the tenancy of a family home to that partner and providing, subject to subsection (12), for the payment by the non-entitled partner to the entitled partner of such compensation as seems to it to be just and reasonable in all the circumstances of the case.2In an action—afor dissolution of a civil partnership, the Court of Session or the sheriff,bfor declarator of nullity of a civil partnership, the Court of Session,may, on granting decree or within such period as the court may specify on granting decree, make an order granting an application under subsection (1).3In determining whether to grant an application under subsection (1), the court is to have regard to all the circumstances of the case including the matters specified in paragraphs (a) to (e) of section 103(3) and the suitability of the applicant to become the tenant and the applicant’s capacity to perform the obligations under the lease of the family home.4The non-entitled partner is to serve a copy of an application under subsection (1) on the landlord and, before making an order under subsection (1), the court is to give the landlord an opportunity of being heard by it.5On the making of an order granting an application under subsection (1), the tenancy vests in the non-entitled partner without intimation to the landlord, subject to all the liabilities under the lease (other than liability for any arrears of rent for the period before the making of the order).6The arrears mentioned in subsection (5) are to remain the liability of the original entitled partner.7The clerk of court is to notify the landlord of the making of an order granting an application under subsection (1).8It is not competent for a non-entitled partner to apply for an order under subsection (1) where the family home—ais let to the entitled partner by the entitled partner’s employer as an incident of employment, and the lease is subject to a requirement that the entitled partner must reside there,bis or is part of an agricultural holding,cis on, or pertains to—ia croft,iithe subject of a cottar, oriiithe holding of a landholder or of a statutory small tenant,dis let on a long lease, oreis part of the tenancy land of a tenant-at-will.9In subsection (8)—“agricultural holding” has the same meaning as in section 1 of the Agricultural Holdings (Scotland) Act 1991 (c. 55),“cottar” has the same meaning as in section 12(5) of the Crofters (Scotland) Act 1993 (c. 44),“croft” has the same meaning as in that Act of 1993,“holding”, in relation to a landholder and a statutory small tenant, “landholder” and “statutory small tenant” have the same meanings respectively as in sections 2(1), 2(2) and 32(1) of the Small Landholders (Scotland) Act 1911 (c. 49),“long lease” has the same meaning as in section 9(2) of the Land Registration etc. (Scotland) Act 2012 (asp 5), and“tenant-at-will” has the same meaning as in section 20(8) of that Act of 1979.10Where both civil partners are joint or common tenants of a family home, the court may, on the application of one of the civil partners, make an order vesting the tenancy in that civil partner solely and providing, subject to subsection (12), for the payment by the applicant to the other partner of such compensation as seems just and reasonable in the circumstances of the case.11Subsections (2) to (9) apply for the purposes of an order under subsection (10) as they apply for the purposes of an order under subsection (1) but subject to the following modifications—ain subsection (3), for “tenant” there is substituted “ sole tenant ”;bin subsection (4), for “non-entitled” there is substituted “ applicant ”;cin subsection (5), for “non-entitled” there is substituted “ applicant ”,din subsection (6), for “liability of the original entitled partner” there is substituted “ joint and several liability of both partners ”;ein subsection (8)—ifor “a non-entitled” there is substituted “ an applicant ”,iifor paragraph (a) there is substituted—ais let to both partners by their employer as an incident of employment, and the lease is subject to a requirement that both partners must reside there;, andiiiparagraphs (c) and (e) are omitted.12Where the family home is a Scottish secure tenancy within the meaning of the Housing (Scotland) Act 2001 (asp 10), no account is to be taken, in assessing the amount of any compensation to be awarded under subsection (1) or (10), of the loss, by virtue of the transfer of the tenancy of the home, of a right to purchase the home under Part 3 of the Housing (Scotland) Act 1987 (c. 26).Chapter 4InterdictsCivil partners: competency of interdict1131It shall not be incompetent for the Court of Session or the sheriff to entertain an application by one civil partner in a civil partnership for a relevant interdict by reason only that the civil partners are living together in civil partnership.2In subsection (1) . . . , “relevant interdict” means an interdict, including an interim interdict, which—arestrains or prohibits any conduct of one civil partner towards the other civil partner or a child of the family, orbsubject to subsection (3), prohibits a civil partner from entering or remaining in—ia family home,iiany other residence occupied by the applicant civil partner,iiiany place of work of the applicant civil partner,ivany school attended by a child in the permanent or temporary care of the applicant civil partner3Subsection (4) applies if in relation to a family home the non-applicant civil partner—ais an entitled partner, orbhas occupancy rights.4Except where subsection (5) applies, the court may not grant a relevant interdict prohibiting the non-applicant civil partner from entering or remaining in the family home.5This subsection applies if—athe interdict is ancillary to an exclusion order, orbby virtue of section 101(4), the court refuses leave to exercise occupancy rights.6In this section . . . , “applicant civil partner” means the civil partner who has applied for the interdict; and “non-applicant civil partner” is to be construed accordingly.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .114. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .115. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .116. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Chapter 5Dissolution, separation and nullity<Emphasis>Dissolution and separation</Emphasis>Dissolution1171An action for the dissolution of a civil partnership may be brought in the Court of Session or in the sheriff court.2In such an action the court may grant decree, if, but only if, it is established that—athe civil partnership has broken down irretrievably, orbsubject to subsection (3A), an interim gender recognition certificate under the Gender Recognition Act 2004 (c. 7) has, after the date of registration of the civil partnership, been issued to either of the civil partners.3The irretrievable breakdown of a civil partnership is taken to be established if—asince the date of registration of the civil partnership the defender has at any time behaved (whether or not as a result of mental abnormality and whether such behaviour has been active or passive) in such a way that the pursuer cannot reasonably be expected to cohabit with the defender,b. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .cthere has been no cohabitation between the civil partners at any time during a continuous period of one year after the date of registration of the civil partnership and immediately preceding the bringing of the action and the defender consents to the granting of decree of dissolution of the civil partnership, ordthere has been no cohabitation between the civil partners at any time during a continuous period of two years after that date and immediately preceding the bringing of the action.3ASubsection (2)(b)—adoes not apply where, under the Gender Recognition Act 2004, a Gender Recognition Panel issues a full gender recognition certificate to the person to whom the interim gender recognition certificate was issued, butbcontinues to apply despite a full gender recognition certificate being issued to that person by the sheriff under section 4E of that Act.4Provision is to be made by act of sederunt—afor the purpose of ensuring that, in an action to which paragraph (c) of subsection (3) relates, the defender has been given such information as enables that civil partner to understand—ithe consequences of consenting to the granting of decree, andiithe steps which must be taken to indicate such consent, andbas to the manner in which the defender in such an action is to indicate such consent, and any withdrawal of such consent,and where the defender has indicated (and not withdrawn) such consent in the prescribed manner, that indication is sufficient evidence of such consent.5Provision is to be made by act of sederunt for the purpose of ensuring that, where in an action for the dissolution of a civil partnership the defender is suffering from mental illness, the court appoints a curator ad litem to the defender.6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8In an action for dissolution of a civil partnership the standard of proof required to establish the ground of action is on balance of probability.Encouragement of reconciliation1181At any time before granting decree in an action by virtue of paragraph (a) of section 117(2) for dissolution of a civil partnership, if it appears to the court that there is a reasonable prospect of a reconciliation between the civil partners it must continue, or further continue, the action for such period as it thinks proper to enable attempts to be made to effect such a reconciliation.2If during any such continuation the civil partners cohabit with one another, no account is to be taken of such cohabitation for the purposes of that action.Effect of resumption of cohabitation1191. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3In considering whether any period mentioned in paragraph . . . , (c) or (d) of section 117(3) has been continuous, no account is to be taken of any period or periods not exceeding 6 months in all during which the civil partners cohabited with one another; but no such period or periods during which the civil partners cohabited with one another is to count as part of the period of non-cohabitation required by any of those paragraphs.Separation1201An action for the separation of the civil partners in a civil partnership may be brought in the Court of Session or in the sheriff court.2In such an action the court may grant decree if satisfied that the circumstances set out in any of paragraphs (a) to (d) of section 117(3) are established.Dissolution following on decree of separation1211The court may grant decree in an action for the dissolution of a civil partnership even though decree of separation has previously been granted to the pursuer on the same, or substantially the same, facts as those averred in support of that action; and in any such action the court may treat an extract decree of separation lodged in process as sufficient proof of the facts under which that decree was granted.2Nothing in this section entitles a court to grant decree of dissolution of a civil partnership without receiving evidence from the pursuer.<Addition ChangeId="key-099480d663569e147f41adc75a08437d-1636645269538" CommentaryRef="key-099480d663569e147f41adc75a08437d">Postponement of decree of dissolution where religious impediment to marry exists</Addition>121A1Notwithstanding that irretrievable breakdown of a civil partnership has been established in an action for dissolution, the court may—aon the application of a party (“the applicant”), andbif satisfied—ithat subsection (2) applies, andiithat it is just and reasonable to do so,postpone the grant of decree in the action until it is satisfied that the other party has complied with subsection (3).2This subsection applies where—athe applicant is prevented from entering into a religious marriage by virtue of a requirement of the religion of that marriage, and bthe other party can act so as to remove, or enable or contribute to the removal of, the impediment which prevents that marriage.3A party complies with this subsection by acting in the way described in subsection (2)(b).4The court may, whether or not on the application of a party and notwithstanding that subsection (2) applies, recall a postponement under subsection (1).5The court may, before recalling a postponement under subsection (1), order the other party to produce a certificate from the relevant religious body confirming that the other party has acted in the way described in subsection (2)(b).6For the purposes of subsection (5), a religious body is “relevant” if the applicant considers the body competent to provide the confirmation referred to in that subsection. 7In this section—“religious marriage” means a marriage solemnised by a marriage celebrant of a specified religious body, and “religion of that marriage” is to be construed accordingly,“specified” means specified by regulations made by the Scottish Ministers.8Any reference in this section to a marriage celebrant of a specified religious body is a reference to—aa minister, clergyman, pastor or priest of such a body,ba person who has, on the nomination of such a body, been registered under section 9 of the Marriage (Scotland) Act 1977 as empowered to solemnise marriages,cany person who is recognised by such a body as entitled to solemnise marriages on its behalf.<Substitution ChangeId="key-9f1b123954625cf2f1d0cf1ffaa2c6a6-1704208285818" CommentaryRef="key-9f1b123954625cf2f1d0cf1ffaa2c6a6">Registration of dissolutions and declarators of nullity of civil partnerships</Substitution>1221The Registrar General is to maintain at the General Register Office a register of decrees of dissolution and of declarator of nullity of civil partnership (a register which shall be known as the “Register of Dissolutions of Civil Partnership”).2The Registrar General is to cause to be made and kept at the General Register Office an alphabetical index of the entries in that register.3The register is to be in such form as may be prescribed.4On payment to him of such fee or fees as may be prescribed, the Registrar General must, at any time when the General Register Office is open for that purpose—acause a search of the index to be made on behalf of any person or permit any person to search the index himself,bissue to any person an extract of any entry in the register which that person may require.5An extract of any entry in the register is to be sufficient evidence of the decree of dissolution or, as the case may be, of the declarator of nullity of civil partnership to which it relates.6The Registrar General may—adelete,bamend, orcsubstitute another entry for,any entry in the register.7Section 39C of the 1965 Act applies in relation to the Register of Dissolutions of Civil Partnership as it applies in relation to the Register of Divorces.<Emphasis>Nullity</Emphasis>Nullity1231Where two people register in Scotland as civil partners of each other, the civil partnership is void if, and only if—athey were not eligible to do so, . . . bthough they were so eligible, either of them did not . . . consent to its formation , or.cat the time of registration one of them who was capable of consenting to the formation of the civil partnership purported to give consent but did so by reason only of duress or error.2In this section “error” means—aerror as to the nature of civil partnership, orba mistaken belief held by a person (“A”) that the other person with whom A purported to register a civil partnership was the person with whom A had agreed to register a civil partnership.Validity of civil partnerships registered outside Scotland1241Where two people register as civil partners of each other in England and Wales—athe civil partnership is void if it would be void in England and Wales under section 49, andbthe civil partnership is voidable if it would be voidable there under section 50(1)(a), (b), (c) or (e).2Where two people register as civil partners of each other in Northern Ireland, the civil partnership is—avoid, if it would be void in Northern Ireland under section 173, andbvoidable, if it would be voidable there under section 174(1)(a), (b), (c) or (e).3Subsection (4) applies where two people register as civil partners of each other under an Order in Council under—asection 210 (registration at British consulates etc.), orbsection 211 (registration by armed forces personnel),(“the relevant section”).4The civil partnership is—avoid, if—ithe condition in subsection (2)(a) or (b) of the relevant section is not met, oriia requirement prescribed for the purposes of this paragraph by an Order in Council under the relevant section is not complied with, andbvoidable, if—ithe appropriate part of the United Kingdom is England and Wales and the circumstances fall within section 50(1)(a), (b), (c) or (e), oriithe appropriate part of the United Kingdom is Northern Ireland and the circumstances fall within section 174(1)(a), (b), (c) or (e).5The appropriate part of the United Kingdom is the part by reference to which the condition in subsection (2)(b) of the relevant section is met.6Subsections (7) and (8) apply where two people have registered an apparent or alleged overseas relationship.7The civil partnership is void if—athe relationship is not an overseas relationship, orb(even though the relationship is an overseas relationship), the parties are not treated under Chapter 2 of Part 5 as having formed a civil partnership.8The civil partnership is voidable if—athe overseas relationship is voidable under the relevant law,bwhere either of the parties was domiciled in England and Wales at the time when the overseas relationship was registered, the circumstances fall within section 50(1)(a), (b), (c) or (e), orcwhere either of the parties was domiciled in Northern Ireland at the time when the overseas relationship was registered, the circumstances fall within section 174(1)(a), (b), (c) or (e).9Section 51 or (as the case may be) section 175 applies for the purposes of—asubsections (1)(b), (2)(b) and (4)(b),bsubsection (8)(a), in so far as applicable in accordance with the relevant law, andcsubsection (8)(b) and (c).10In subsections (8)(a) and (9)(b) “the relevant law” means the law of the country or territory where the overseas relationship was registered (including its rules of private international law).11For the purposes of subsections (8) and (9)(b) and (c), references in sections 50 and 51 or (as the case may be) sections 174 and 175 to the formation of the civil partnership are to be read as references to the registration of the overseas relationship.<Emphasis><Addition ChangeId="d29p9189" CommentaryRef="c20607551">Special destinations: revocation on dissolution or annulment</Addition></Emphasis><Addition ChangeId="d29p9189" CommentaryRef="c20607551">Special destination: revocation on dissolution or annulment</Addition>124A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .<Emphasis>Financial provision after overseas proceedings</Emphasis>Financial provision after overseas dissolution or annulment125Schedule 11 relates to applications for financial provision in Scotland after a civil partnership has been dissolved or annulled in a country or territory outside the British Islands.Chapter 6Miscellaneous and interpretation<Emphasis>Miscellaneous</Emphasis>Regulations1261In this Chapter and in Chapters 2 (except in section 88F) and 5, “prescribed” means prescribed by regulations made by the Registrar General.2Regulations so made may make provision (including provision as to fees) supplementing, in respect of the provision of services by or on behalf of the Registrar General or by local registration authorities (as defined by section 5(3) of the 1965 Act), the provisions of Chapter 2 of this Part.3Any power to make regulations under subsection (1) or (2) is exercisable by statutory instrument; and no such regulations are to be made except with the approval of the Scottish Ministers.4A statutory instrument containing regulations under subsection (1) or (2), or regulations under section 94A(1)(a)(i) , (2A)(a)(i) or (5), 94B(3), 94E(4) , 106(3)(a)(i) or 121A(7), is subject to annulment in pursuance of a resolution of the Scottish Parliament.Attachment127Where an attachment has been executed of furniture and plenishings of which the debtor’s civil partner has the possession or use by virtue of an order under section 103(3) or (4), the sheriff, on the application of that civil partner made within 40 days after the execution of the attachment, may—adeclare the attachment null, orbmake such order as he thinks appropriate to protect such possession or use by that civil partner,if satisfied that the purpose of the attachment was wholly or mainly to prevent such possession or use.Promise or agreement to enter into civil partnership128No promise or agreement to enter into civil partnership creates any rights or obligations under the law of Scotland; and no action for breach of such a promise or agreement may be brought in any court in Scotland, whatever the law applicable to the promise or agreement.Lord Advocate as party to action for nullity or dissolution of civil partnership129. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Civil partner of accused a competent witness130. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Succession: legal rights arising by virtue of civil partnership1311Where a person dies survived by a civil partner then, unless the circumstance is as mentioned in subsection (2), the civil partner has right to half of the moveable net estate belonging to the deceased at the time of death.2That circumstance is that the person is also survived by issue, in which case the civil partner has right to a third of that moveable net estate and those issue have right to another third of it.3In this section—“issue” means issue however remote, and“net estate” has the meaning given by section 36(1) (interpretation) of the Succession (Scotland) Act 1964 (c. 41).4Every testamentary disposition executed after the commencement of this section by which provision is made in favour of the civil partner of the testator and which does not contain a declaration to the effect that the provision so made is in full and final satisfaction of the right to any share in the testator’s estate to which the civil partner is entitled by virtue of subsection (1) or (2), has effect (unless the disposition contains an express provision to the contrary) as if it contained such a declaration.5In section 36(1) of the Succession (Scotland) Act 1964 (c. 41), in the definition of “legal rights”, for “and legitim” substitute “ legitim and rights under section 131 of the Civil Partnership Act 2004 ”.Assurance policies132Section 2 of the Married Women’s Policies of Assurance (Scotland) Act 1880 (c. 26) (which provides that a policy of assurance may be effected in trust for a person’s spouse, children or spouse and children) applies in relation to a policy of assurance—aeffected by a civil partner (in this section referred to as “A”) on A’s own life, andbexpressed upon the face of it to be for the benefit of A’s civil partner, or of A’s children, or of A’s civil partner and children,as it applies in relation to a policy of assurance effected as, and expressed upon the face of it to be for such benefit as, is mentioned in that section.Council Tax: liability of civil partners133After section 77 of the Local Government Finance Act 1992 (c. 14), insert—Liability of civil partners77A1Where—aa person who is liable to pay council tax in respect of any chargeable dwelling and any day is in civil partnership with another person or living with another person in a relationship which has the characteristics of the relationship between civil partners; andbthat other person is also a resident of the dwelling on that day but would not, apart from this section, be so liable,those persons shall be jointly and severally liable to pay the council tax payable in respect of that dwelling and that day.2Subsection (1) above shall not apply as respects any day on which the other person there mentioned falls to be disregarded for the purposes of discount—aby virtue of paragraph 2 of Schedule 1 to this Act (the severely mentally impaired); orbbeing a student, by virtue of paragraph 4 of that Schedule.General provisions as to fees1341Subject to such exceptions as may be prescribed, a district registrar may refuse to comply with any application voluntarily made to him under this Part until the appropriate fee, if any, provided for by or under this Part is paid to him; and any such fee, if not prepaid, is recoverable by the registrar to whom it is payable.2Circumstances, of hardship or otherwise, may be prescribed in which fees provided for by or under this Part may be remitted by the Registrar General.<Emphasis>Interpretation</Emphasis>Interpretation of this Part1351In this Part, unless the context otherwise requires—“the 1965 Act” means the Registration of Births, Deaths and Marriages (Scotland) Act 1965 (c. 49); “2014 Act” means the Immigration Act 2014; “approved celebrant” has the meaning given by section 94A(4)(a); “authorised registrar” has the meaning given by section 87;“caravan” means a caravan which is mobile or affixed to land;“child of the family” has the meaning given by section 101(7);“civil partnership book” has the meaning given by section 89;“civil partnership schedule” has the meaning given by section 94; “civil registration” has the meaning given by section 94A(4)(c); “civil partnership register” has the meaning given by section 95(2);“the court” means the Court of Session or the sheriff;“district” means a registration district as defined by section 5(1) of the 1965 Act;“district registrar” has the meaning given by section 7(12) of the 1965 Act;“entitled partner” and “non-entitled partner”, subject to sections 106(2) and 111(2), have the meanings respectively assigned to them by section 101(1);“exclusion order” has the meaning given by section 104(1);“family” has the meaning given by section 101(7);“family home” means , subject to subsection (2), any house, caravan, houseboat or other structure which has been provided or has been made available by one or both of the civil partners as, or has become, a family residence and includes any garden or other ground or building . . . usually occupied with, or otherwise required for the amenity or convenience of, the house, caravan, houseboat or other structure but does not include a residence provided or made available by a person for one civil partner to reside in, whether with any child of the family or not, separately from the other civil partner;“furniture and plenishings” means any article situated in a family home of civil partners which—is owned or hired by either civil partner or is being acquired by either civil partner under a hire-purchase agreement or conditional sale agreement, andis reasonably necessary to enable the home to be used as a family residence,but does not include any vehicle, caravan or houseboat or such other structure as is mentioned in the definition of “family home”;“notice of proposed civil partnership” has the meaning given by section 88(1);“occupancy rights” means the rights conferred by section 101(1);“Registrar General” means the Registrar General of Births, Deaths and Marriages for Scotland;“registration office” means a registration office provided under section 8(1) of the 1965 Act; “relevant national” has the same meaning as in section 30A; “religious or belief body” means an organised group of people— which meets regularly for religious worship, orthe principal object (or one of the principal objects) of which is to uphold or promote philosophical beliefs and which meets regularly for that purpose; “religious or belief civil partnership” has the meaning given by section 94A(4)(b); “tenant” includes—a sub-tenant,a statutory tenant as defined in section 3 of the Rent (Scotland) Act 1984 (c. 58), anda statutory assured tenant as defined in section 16(1) of the Housing (Scotland) Act 1988 (c. 43),and “tenancy” is to be construed accordingly.2If—athe tenancy of a family home is transferred from one civil partner to the other by agreement or under any enactment, andbfollowing the transfer, the civil partner to whom the tenancy was transferred occupies the home but the other civil partner does not,the home shall, on such transfer, cease to be a family home.The expression “relative” in the 1965 Act136In section 56(1) of the 1965 Act (interpretation), in the definition of “relative”, at the end insert “ , a civil partner and anyone related to the civil partner of the person as regards whom the expression is being construed ”. Part 4 Civil partnership: Northern IrelandChapter 1Registration<Emphasis>Formation and eligibility</Emphasis>Formation of civil partnership by registration1371For the purposes of section 1, two people are to be regarded as having registered as civil partners of each other once each of them has signed the civil partnership schedule in the presence of—aeach other,btwo witnesses both of whom profess to be 16 or over, andcthe registrar.2Subsection (1) applies regardless of whether subsections (3) and (4) are complied with.3After the civil partnership schedule has been signed under subsection (1), it must also be signed, in the presence of the civil partners and each other, by—aeach of the two witnesses, andbthe registrar.4After the witnesses and the registrar have signed the civil partnership schedule, the registrar must cause the registration of the civil partnership to be recorded as soon as practicable.5No religious service is to be used while the registrar is officiating at the signing of a civil partnership schedule.Eligibility1381Two people are not eligible to register as civil partners of each other if—a. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .beither of them is already a civil partner or lawfully married,ceither of them is under 16,dthey are within prohibited degrees of relationship, oreeither of them is incapable of understanding the nature of civil partnership.2Schedule 12 contains provisions for determining when two people are within prohibited degrees of relationship.<Emphasis>Preliminaries to registration</Emphasis>Notice of proposed civil partnership1391For two people to register as civil partners of each other under this Chapter, each of them must give the registrar a notice of proposed civil partnership (a “civil partnership notice”).2A civil partnership notice must be—ain the prescribed form, andbaccompanied by the prescribed fee and such documents and other information as may be prescribed.3In prescribed cases a civil partnership notice must be given to the registrar by each party in person.<Addition ChangeId="key-b3dc9bb2ae4d63efabba32ec86a466e4-1565602793093" CommentaryRef="key-b3dc9bb2ae4d63efabba32ec86a466e4">Additional information if party not relevant national</Addition>139A1This section applies to a civil partnership notice given to a registrar in accordance with section 139 if one, or each, of the parties to the proposed civil partnership is not a relevant national.2For each party to the proposed civil partnership who is not a relevant national, the notice must be accompanied by whichever of statements A, B or C is applicable to that person.3Statement A is a statement that the person has the appropriate immigration status.4Statement B is a statement that the person holds a relevant visa in respect of the proposed civil partnership.5Statement C is a statement that the person neither—ahas the appropriate immigration status, norbholds a relevant visa in respect of the proposed civil partnership.6If the notice is accompanied by the statement referred to in the first column of an entry in this table, the notice must also be accompanied by the information and photographs referred to in the second column of that entry (insofar as that entry is applicable to the parties to the proposed civil partnership)—If the notice is accompanied by this statement.......the notice must also be accompanied by....Statement A (in respect of one or both of the parties to the proposed civil partnership)For each party in respect of whom statement A is made, details of the particular immigration status which that party hasStatement B (in respect of one or both of the parties to the proposed civil partnership)1. For each party, a specified photograph of that party2. For each party in respect of whom statement B is made, details of the relevant visa which that party hasStatement C (in respect of one or both of the parties to the proposed civil partnership)1. For each party, a specified photograph of that party2. For each party, the usual address of that party3. For each party who has previously used any name or names other than the person’s name stated in the civil partnership notice, a statement of the other name or names4. For each party who currently uses, or has previously used, an alias or aliases, a statement of the alias or aliases.7If the notice is accompanied by more than one of statements A, B and C, subsection (6) must be complied with in relation to each of those statements; but where the notice is accompanied by statements B and C, subsection (6) does not require the notice to be accompanied by more than one specified photograph of each party.8If the notice is accompanied by statement C for a party to the proposed civil partnership—athe notice may also be accompanied by a statement (“statement D”) of that person’s immigration position in the United Kingdom;bif the notice is accompanied by statement D for a party to the proposed civil partnership, the person may provide the registrar with details of his or her immigration position in the United Kingdom; andcif any such details are provided, the registrar must record them.9In this section and section 139B—aa reference—ito a person having the appropriate immigration status, oriito a person holding a relevant visa,is to be construed in accordance with section 49 of the 2014 Act;ba reference to the particular immigration status which a person has is a reference to the immigration status set out in any of paragraphs (a) to (c) of section 49(2) of that Act which the person has;ca reference to a person’s immigration position in the United Kingdom includes a reference to the person’s not being entitled to be in the United Kingdom.10In this section “specified photograph” means a photograph that is in accordance with regulations made by the Secretary of State under section 54(2) of, and paragraph 3 of Schedule 5 to, the 2014 Act (and for this purpose “photograph” includes other kinds of images).<Addition ChangeId="key-b3dc9bb2ae4d63efabba32ec86a466e4-1565602793093" CommentaryRef="key-b3dc9bb2ae4d63efabba32ec86a466e4">Additional evidence if party not relevant national</Addition>139B1If a civil partnership notice to which section 139A applies (“the notice”) is accompanied by statement A (referred to in section 139A(3)), and accordingly is also accompanied by details of the particular immigration status which a party to the proposed civil partnership has, the notice must also be accompanied by specified evidence of that status.2If the notice is accompanied by statement B (referred to in section 139A(4)), the notice must also be accompanied by specified evidence of the holding of the relevant visa by the party to the proposed civil partnership.3If, in accordance with section 139A(6), the notice is accompanied by the usual address of a party to the proposed civil partnership, the notice must also be accompanied by specified evidence that it is that party’s usual address.4If the notice is accompanied by statement D (referred to in section 139A(8)), the notice may also be accompanied by evidence of the person’s immigration position in the United Kingdom.5If subsection (1) or (2) applies to the notice, and the notice is not accompanied by the specified evidence required by that subsection, the notice must be accompanied by—aphotographs and addresses of the kinds referred to in paragraphs 1 and 2 in the relevant entry in section 139A(6);bas respects the usual address of each party that is provided in accordance with sub-paragraph (a), specified evidence that the address provided is that party’s usual address; andcnames and aliases of the kinds referred to in paragraphs 3 and 4 in the relevant entry in section 139A(6) (insofar as those paragraphs are applicable to the parties to the proposed civil partnership).6In this section—“relevant entry in section 139A(6)” means the second column of the last entry in the table in section 139A(6);“specified evidence” means evidence that is in accordance with regulations made by the Secretary of State under section 54(2) of, and paragraph 3 of Schedule 5 to, the 2014 Act.<Addition ChangeId="key-b3dc9bb2ae4d63efabba32ec86a466e4-1565602793093" CommentaryRef="key-b3dc9bb2ae4d63efabba32ec86a466e4">Declaration to accompany information and evidence</Addition>139CWhere information and evidence accompany the civil partnership notice in accordance with sections 139A and 139B that information and evidence must also be accompanied by a declaration in writing and signed by the party who makes it that the party believes all of the information and evidence accompanying the notice to be true.<Addition ChangeId="key-b3dc9bb2ae4d63efabba32ec86a466e4-1565602793093" CommentaryRef="key-b3dc9bb2ae4d63efabba32ec86a466e4">Rejection of false information or evidence</Addition>139D1A registrar may reject—aany information or photograph provided under section 139A or 139B,bany evidence provided under section 139B, orcany evidence relating to a party’s nationality provided in accordance with section 141,if (in particular) the registrar has reasonable grounds for suspecting that the information, photograph or evidence is false.2If the registrar rejects any information, photograph or evidence, the registrar may proceed under this Act as if the rejected information, photograph or evidence had not been provided.3This section does not limit the powers of the registrar to reject anything provided under any other statutory provision.<Addition ChangeId="key-b3dc9bb2ae4d63efabba32ec86a466e4-1565602793093" CommentaryRef="key-b3dc9bb2ae4d63efabba32ec86a466e4">Referral of proposed civil partnership to the Secretary of State</Addition>139E1On every occasion when a civil partnership notice is given under section 139, a registrar must decide whether or not each of the parties to the proposed civil partnership is an exempt person.2In making a decision under subsection (1) about a party to a proposed civil partnership, a registrar may rely on any advice given in relation to that decision by the Secretary of State.3In a case where—asection 139A applies to the civil partnership notice, andbspecified evidence required by section 139B(1) or (2) in relation to a party to the proposed civil partnership is not produced in accordance with that section,the registrar must decide that that party to the proposed civil partnership is not an exempt person.4If the registrar decides that either of the parties is not an exempt person, or that both of the parties are not exempt persons, the registrar must—arefer the proposed civil partnership to the Secretary of State;bnotify the parties to the proposed civil partnership that the proposed civil partnership must be referred to the Secretary of State;cgive the parties to the proposed civil partnership prescribed information about—ithe effects of the referral;iithe requirement under regulations to notify the Secretary of State of changes of address.5The registrar must act in accordance with regulations when complying with the duty in subsection (4)(a) to refer a proposed civil partnership to the Secretary of State.6If the registrar refers the proposed civil partnership to the Secretary of State, this Act has effect in relation to the proposed civil partnership subject to the modifications in Schedule 13A.7In this section—aa reference to a person being an exempt person has the same meaning as in section 49 of the 2014 Act;b“prescribed information” means information prescribed in regulations;c“regulations” means regulations made by the Secretary of State under section 54(2) of, and Schedule 5 to, the 2014 Act.Civil partnership notice book and list of intended civil partnerships1401The registrar must keep a record of—asuch particulars as may be prescribed, taken from each civil partnership notice received by him, andbthe date on which each civil partnership notice is received by him.2In this Chapter “civil partnership notice book” means the record kept under subsection (1).2ABut the registrar must not enter the particulars relating to the civil partnership in the civil partnership notice book in a case where any of the requirements imposed by or under any of the following provisions of this Act is applicable but not complied with—asection 139A(2) to (7);bsection 139B(3) or (5);csection 141 so far as that requirement relates to evidence of nationality;dparagraph 13 of Schedule 23.2BWhere the registrar may not enter the particulars relating to the civil partnership notice book as mentioned in subsection (2A) the parties are to be taken not to have given notice under section 139.3The registrar must, in accordance with any guidance issued by the Registrar General, place on public display a list containing in relation to each proposed civil partnership in respect of which the registrar has received a civil partnership notice—athe names of the proposed civil partners, andbthe date on which it is intended to register them as civil partners of each other.4As soon as practicable after the date mentioned in subsection (3) the registrar must remove from the list the names and the date mentioned in that subsection.5Any person claiming that he may have reason to make an objection to a proposed civil partnership may inspect any entry relating to the civil partnership in the civil partnership notice book without charge.Power to require evidence of name etc.1411A registrar to whom a civil partnership notice is given may require the person giving it to provide him with specified evidence relating to each proposed civil partner.2Such a requirement may be imposed at any time before the registrar issues the civil partnership schedule under section 143.3“Specified evidence”, in relation to a person, means such evidence as may be specified in guidance issued by the Registrar General—aof the person’s name and surname,bof the person’s age,cas to whether the person is or has been a civil partner or lawfully married, anddof the person’s nationality.Objections1421Any person may at any time before the formation of a civil partnership in Northern Ireland make an objection in writing to the registrar.2An objection on the ground that one of the proposed civil partners is incapable of understanding the nature of civil partnership must be accompanied by a supporting certificate signed by a medical practitioner.3If the registrar is satisfied that the objection relates to no more than a misdescription or inaccuracy in the civil partnership notice, he must—anotify the proposed civil partners,bmake such inquiries as he thinks fit, andcsubject to the approval of the Registrar General, make any necessary correction to any document relating to the proposed civil partnership.4In any other case the registrar must notify the Registrar General of the objection.5If the Registrar General is satisfied that there is a legal impediment to the formation of the civil partnership, he must direct the registrar to—anotify the parties, andbtake all reasonable steps to ensure that the formation of the civil partnership does not take place.6If subsection (5) does not apply, the Registrar General must direct the registrar to proceed under section 143.7For the purposes of this section and section 143 there is a legal impediment to the formation of a civil partnership where the proposed civil partners are not eligible to be registered as civil partners of each other.8A person who has submitted an objection may withdraw it at any time, but the Registrar General may have regard to an objection which has been withdrawn.Civil partnership schedule143After the registrar receives a civil partnership notice from each of the proposed civil partners, he must complete a civil partnership schedule in the prescribed form, if—ahe is satisfied that there is no legal impediment to the formation of the civil partnership, orbthe Registrar General has directed him under section 142(6) to proceed under this section.<Addition ChangeId="key-c9ff003081e1a4e282554e91a9626f6e-1565603001029" CommentaryRef="key-c9ff003081e1a4e282554e91a9626f6e">Civil partnership notice: false information or evidence</Addition>143A1A registrar may refuse to complete a civil partnership schedule under section 143 (or where one has already been completed, may cancel it) in a case where—anotice of a proposed civil partnership has been given under section 139, andbthe registrar has reasonable grounds for suspecting that a relevant decision was made incorrectly because of the provision of false information or evidence in or accompanying that notice.2If the registrar refuses to complete (or cancels) a civil partnership schedule under subsection (1), the parties to the proposed civil partnership are to be taken not to have given notice under section 139; but that does not prevent criminal proceedings from being brought against either party, or any other person, in relation to the giving of the notice.3This section does not limit the powers of the registrar to refuse to complete (or, as the case may be, cancel) a civil partnership schedule.4In this section—“evidence” includes a photograph or other image;“exempt person” has the same meaning as in section 139E;“relevant decision” means a decision of a registrar that a party to the proposed civil partnership is an exempt person.Place of registration1441The place at which two people may register as civil partners of each other must be—aa registration office, orba place approved under subsection (3).2Subsection (1) is subject to subsections (5) and (7).3A local registration authority may, in accordance with regulations under subsection (4), approve places where civil partnerships may be registered in its district.4Regulations under section 159 may make provision for or in connection with the approval of places under subsection (3), including provision as to—athe kinds of place in respect of which approvals may be granted,bthe procedure to be followed in relation to applications for approval,cthe considerations to be taken into account in determining whether to approve any places,dthe duration and renewal of approvals (whether for one occasion or for a period),ethe conditions that must or may be imposed on granting or renewing an approval,fthe determination and charging of fees in respect of[en rule]iapplications for the approval of places,iithe renewal of approvals, andiiithe attendance by registrars at places approved under the regulations,gthe circumstances in which a local registration authority must or may revoke or suspend an approval or vary any of the conditions imposed in relation to an approval,hthe renewal of decisions made by virtue of the regulations,iappeals to a county court from decisions made by virtue of the regulations,jthe notification to the Registrar General of all approvals granted, renewed, revoked, suspended or varied,kthe notification to the registrar for the district in which a place approved under the regulations is situated of all approvals relating to such a place which are granted, renewed, revoked, suspended or varied,lthe keeping by the Registrar General, registrars and local registration authorities of registers of places approved under the regulations, andmthe issue by the Registrar General of guidance supplementing the provision made by the regulations.5If either of the parties to a proposed civil partnership gives the registrar a medical statement, the civil partnership may, with the approval of the Registrar General, be registered at any place where that party is.6In subsection (5) “medical statement”, in relation to any person, means a statement made in the prescribed form by a registered medical practitioner that in his opinion at the time the statement is made—aby reason of serious illness or serious bodily injury, that person ought not to move or be moved from the place where he is at that time, andbit is likely that it will be the case for at least the following 3 months that by reason of illness or disability the person ought not to move or be moved from that place.7If the Registrar General so directs, a registrar must register a civil partnership in a place specified in the direction.<Emphasis>Young persons</Emphasis>Parental etc. consent where proposed civil partner under 181451The consent of the appropriate persons is required before a young person and another person may register as civil partners of each other.2Schedule 13 contains provisions—afor determining who are the appropriate persons for the purposes of this section (see Part 1 of the Schedule);bfor orders dispensing with consent and for recording consents and orders (see Parts 2 and 3 of the Schedule).3Each consent required by subsection (1) must be—ain the prescribed form; andbproduced to the registrar before the issue of the civil partnership schedule.4Nothing in this section affects any need to obtain the consent of the High Court before a ward of court and another person may register as civil partners of each other.5In this section and Schedule 13 “young person” means a person who is under 18.<Emphasis>Supplementary</Emphasis>Validity of registration1461This section applies to any legal proceedings commenced at any time after the registration of a civil partnership is recorded under section 137.2The validity of the civil partnership must not be questioned in any such proceedings on the ground of any contravention of a provision of, or made under, this Act.Corrections and cancellations1471Regulations under section 159 may make provision for the making of corrections by the Registrar General or any registrar.2The Registrar General must cancel the registration of a void civil partnership or direct the registrar to do so.3Subsection (4) applies in relation to a civil partnership formed in Northern Ireland before, on or after 13th January 2020 where, before the civil partnership is formed, a full gender recognition certificate has been issued under the Gender Recognition Act 2004 to either or each of the parties.4The Registrar General, after consulting the parties, may—amodify, or direct a registrar to modify, the recorded status of either or both of the parties in the registration of the civil partnership, orbdirect a registrar to modify the way in which the status of either or both of the parties is to be recorded when registering the civil partnership,for the purpose of reducing the risk that the recorded status of the parties in the registration of the civil partnership will disclose the issue of the gender recognition certificate or either of the certificates.Interpreters1481If the registrar considers it necessary or desirable, he may use the services of an interpreter (not being one of the civil partners or a witness).2The interpreter must—abefore the registration of the civil partnership, sign a statement in English that he understands, and is able to converse in, any language in respect of which he is to act as an interpreter, andbimmediately after the registration of the civil partnership, give the registrar a certificate written in English and signed by the interpreter that he has faithfully acted as the interpreter.Detained persons1491If—aone of the parties to a proposed civil partnership is detained in a prison or as a patient in a hospital, andbthe civil partnership is to be registered in that prison or hospital,the civil partnership notice given by that party must be accompanied by a statement to which subsection (2) applies.2This subsection applies to a statement which—ais made in the prescribed form by the responsible authority not more than 21 days before the date on which the civil partnership notice is given,bidentifies the establishment where the person is detained, andcstates that the responsible authority has no objection to that establishment being the place of registration for that civil partnership.3In subsection (2) “responsible authority” means—aif the person named in the statement is detained in a prison, the governor or other officer in charge of that prison;bif the person named in the statement is detained in a hospital or special accommodation, the Health and Social Care trust administering that hospital or the Department of Health, Social Services and Public Safety, respectively;cif the person named in the statement is detained in a private hospital, the person in charge of that hospital.4After the registrar receives a civil partnership notice accompanied by a statement to which subsection (2) applies, he must notify the Registrar General and not complete a civil partnership schedule unless the Registrar General directs him to proceed under section 143.5In this section—a“prison” includes a remand centre and a young offenders centre, andb“hospital”, “patient”, “private hospital” and “special accommodation” have the same meaning as in the Mental Health (Northern Ireland) Order 1986 (S.I. 1986/595 (N.I. 4)).Certificates of no impediment for Part 2 purposes150. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Registration districts and registration authorities1511Each local government district shall be a registration district and the district council shall be the local registration authority for the purposes of this Part.2A district council shall, in the exercise of functions conferred on it as a local registration authority—aact as agent for the Department of Finance and Personnel, andbact in accordance with such directions as that Department may give to the council.3Any expenditure to be incurred by the district council in the exercise of functions conferred on it as a local registration authority shall be subject to the approval of the Registrar General.4The Department of Finance and Personnel shall retain or, as the case may be, defray in respect of each financial year the amount of the difference between—athe aggregate of the amounts of salaries, pension provision and other expenses payable by virtue of this Part in respect of any registration district, andbthe aggregate of the amounts received in that registration district under any statutory provision or otherwise by way of fees or other expenses.Registrars and other staff1521A local registration authority shall, with the approval of the Registrar General, appoint—aa registrar of civil partnerships, andbone or more deputy registrars of civil partnerships.2A person holding an appointment under subsection (1) may with the approval of, and shall at the direction of, the Registrar General be removed from his office of registrar or deputy registrar by the local registration authority.3A local registration authority shall, at the direction of the Registrar General, appoint additional persons to register civil partnerships and carry out other functions for the purposes of this Part.4A person shall not be appointed under subsection (1) or (3) if he is under the age of 21.5Regulations under section 159 may confer additional functions on a person holding an appointment under subsection (1).6A person holding an appointment under subsection (1) shall, in exercising his functions under this Part or any other statutory provision, be subject to such instructions or directions as the Registrar General may give.Records and documents to be sent to Registrar General153If the Registrar General directs him to do so, a person must send to the Registrar General any record or document relating to civil partnerships in accordance with the Registrar General’s directions.Annual report1541The Registrar General must send to the Department of Finance and Personnel an annual report of the number of civil partnerships registered during each year, together with such other information as he considers it appropriate to include.2The Department of Finance and Personnel must lay the report before the Northern Ireland Assembly.Searches1551The Registrar General must provide indexes to civil partnership registration records in his custody for inspection by the public.2A registrar must provide indexes to civil partnership registration records in his custody for inspection by the public.3Any person may, on payment of the prescribed fee—asearch any index mentioned in subsection (1) or (2), andbrequire the Registrar General or, as the case may be, the registrar to give him a document in the prescribed form relating to the registration of a civil partnership.4The Registrar General must cause any document given by him under this section or section 156 to be stamped with the seal of the General Register Office.5Judicial notice shall be taken of any document so stamped.6Regulations under section 159 may make provision for any person to have access, on payment of the prescribed fee, to any information contained in any civil partnership registration records.7Regulations under section 159 may provide that the relevant period must have expired in relation to the information.8In subsection (7) “the relevant period” in relation to a civil partnership means the period of 75 years from the date on which the civil partnership was registered or such other period as may be prescribed.9Regulations under section 159 may provide for the Registrar General—ato make arrangements with any person for the purpose of providing access to information as mentioned in subsection (6); andbfor that purpose to transfer information to that person subject to conditions (including conditions as to the making of payments by that person to the Registrar General).<Addition ChangeId="key-fff215e196dbbc7400b657fc09ab2114-1509286684699" CommentaryRef="key-fff215e196dbbc7400b657fc09ab2114" Extent="N.I.">Notification of registration</Addition>155A1The Registrar General may notify such persons as the Registrar General considers appropriate of the registration of a civil partnership.2An application may be made in the prescribed form to the Registrar General as to persons to be notified by the Registrar General under subsection (1) by either civil partner.3The prescribed fee shall be payable to the Registrar General by the applicant.4Any notification under subsection (1) shall be subject to such conditions as the Registrar General considers appropriate.5The power conferred by subsection (1) may be exercised whether or not an application has been made under subsection (2).Proof of civil partnership for purposes of certain statutory provisions1561Where the civil partnership of a person is required to be proved for the purposes of any prescribed statutory provision, any person—aon application to the Registrar General, andbon payment of the prescribed fee,is entitled to a document in the prescribed form relating to the registration of the civil partnership of that person.2An application under subsection (1) must be in such form and accompanied by such particulars as the Registrar General may require.3The Registrar General or any registrar may, on payment of the prescribed fee, issue such information (including a document as mentioned in subsection (1)) as may be required for the purposes of any prescribed statutory provision.Fees1571The Department of Finance and Personnel may by order prescribe—aany fee which is required to be prescribed for the purposes of this Chapter;bfees for such other matters as that Department considers necessary or expedient for the purposes of this Chapter.2The power to make an order under subsection (1) is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).3An order under subsection (1) may only be made if a draft has been laid before and approved by resolution of the Northern Ireland Assembly.Offences1581Any registrar who signs a civil partnership schedule in the absence of the civil partners is guilty of an offence.2Any person who is not a registrar but officiates at the signing of a civil partnership schedule in such a way as to lead the civil partners to believe that he is a registrar is guilty of an offence.3A person who is guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding 6 months or to both.4Notwithstanding anything in Article 19(1) of the Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)) (limitation of time for taking proceedings), proceedings for an offence under this section may be instituted at any time within 3 years after the commission of the offence.Regulations1591The Department of Finance and Personnel may by regulations make such provision as appears to it necessary or expedient for the registration of civil partnerships in Northern Ireland.2The power to make regulations under subsection (1) is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).3Regulations under subsection (1) shall be subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 (1954 c. 33 (N.I.))).Interpretation160In this Chapter— “2014 Act” means the Immigration Act 2014; “civil partnership notice” means a notice of proposed civil partnership under section 139;“civil partnership notice book” has the meaning given by section 140;“prescribed”, except in relation to a fee, means prescribed by regulations under section 159 and, in relation to a fee, means prescribed by order under section 157;“registrar” means such person appointed under section 152(1)(a) or (b) or (3) as may be prescribed;“Registrar General” means the Registrar General for Northern Ireland; “relevant national” has the same meaning as in section 30A; “statutory provision” has the meaning given by section 1(f) of the Interpretation Act (Northern Ireland) 1954 (1954 c. 33 (N.I.)).Chapter 2Dissolution, nullity and other proceedings<Emphasis>Introduction</Emphasis>Powers to make orders and effect of orders1611The court may, in accordance with this Chapter—amake an order (a “dissolution order”) which dissolves a civil partnership on the ground that it has broken down irretrievably;bmake an order (a “nullity order”) which annuls a civil partnership which is void or voidable;c. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .dmake an order (a “separation order”) which provides for the separation of the civil partners.2Every dissolution order or nullity order—ais, in the first instance, a conditional order, andbmay not be made final before the end of the prescribed period (see section 162);and any reference in this Chapter to a conditional order is to be read accordingly.3A nullity order made where a civil partnership is voidable annuls the civil partnership only as respects any time after the order has been made final, and the civil partnership is to be treated (despite the order) as if it had existed up to that time.4In this Chapter “the court” has the meaning given by section 188.5This Chapter is subject to section 219 and sections 228 to 232 (jurisdiction of the court).The period before conditional orders may be made final1621Subject to subsection (2), the prescribed period for the purposes of section 161(2)(b) is 6 weeks from the making of the conditional order.2In a particular case the court dealing with the case may by order shorten the prescribed period.Intervention by the Crown Solicitor1631This section applies if an application has been made for a dissolution order or nullity order.2The court may, if it thinks fit, direct that all necessary papers in the matter are to be sent to the Crown Solicitor who must under the directions of the Attorney General instruct counsel to argue before the court any question in relation to the matter which the court considers it necessary or expedient to have fully argued.3If any person at any time—aduring the progress of the proceedings, orbbefore the conditional order is made final,gives information to the Crown Solicitor on any matter material to the due decision of the case, the Crown Solicitor may take such steps as the Attorney General considers necessary or expedient.4If the Crown Solicitor intervenes or shows cause against the making of the conditional order in any proceedings relating to its making, the court may make such order as may be just as to—athe payment by other parties to the proceedings of the costs incurred by him in doing so, orbthe payment by the Crown Solicitor of any costs incurred by any of those parties because of his doing so.5In this Chapter—“the Attorney General” means the Attorney General for Northern Ireland; and“the Crown Solicitor” means the Crown Solicitor for Northern Ireland.Proceedings before order has been made final1641This section applies if—aa conditional order has been made, andbthe Crown Solicitor, or any person who has not been a party to proceedings in which the order was made, shows cause why the order should not be made final on the ground that material facts have not been brought before the court.2This section also applies if—aa conditional order has been made,b3 months have elapsed since the earliest date on which an application could have been made for the order to be made final,cno such application has been made by the civil partner who applied for the conditional order, anddthe other civil partner makes an application to the court under this subsection.3The court may—amake the order final,brescind the order,crequire further inquiry, ordotherwise deal with the case as it thinks fit.4Subsection (3)(a)—aapplies despite section 161(2) (period before conditional orders may be made final), butbis subject to section 172(4) (protection for respondent in separation cases) and section 186 (restrictions on making of orders affecting children).Time bar on applications for dissolution orders1651No application for a dissolution order may be made to the court before the end of the period of 2 years from the date of the formation of the civil partnership.2Nothing in this section prevents the making of an application based on matters which occurred before the end of the 2 year period.Attempts at reconciliation of civil partners1661This section applies in relation to cases where an application is made for a dissolution or separation order.2If at any stage of proceedings for the order it appears to the court that there is a reasonable possibility of a reconciliation between the civil partners, the court may adjourn the proceedings for such period as it thinks fit to enable attempts to be made to effect a reconciliation between them.3If during any such adjournment the parties resume living with each other in the same household, no account is to be taken of the fact for the purposes of the proceedings.4The power to adjourn under subsection (2) is additional to any other power of adjournment.Consideration by the court of certain agreements or arrangements1671This section applies to cases where—aproceedings for a dissolution or separation order are contemplated or have begun, andban agreement or arrangement is made or proposed to be made between the civil partners which relates to, arises out of, or is connected with, the proceedings.2Rules of court may make provision for enabling—athe civil partners, or either of them, on application made either before or after the making of the application for a dissolution or separation order, to refer the agreement or arrangement to the court, andbthe court—ito express an opinion, if it thinks it desirable to do so, as to the reasonableness of the agreement or arrangement, andiito give such directions, if any, in the matter as it thinks fit.<Emphasis>Dissolution of civil partnership</Emphasis>Dissolution of civil partnership which has broken down irretrievably1681Subject to section 165, an application for a dissolution order may be made to the court by either civil partner on the ground that the civil partnership has broken down irretrievably.2On an application for a dissolution order the court must inquire, so far as it reasonably can, into—athe facts alleged by the applicant, andbany facts alleged by the respondent.3The court hearing an application for a dissolution order must not hold that the civil partnership has broken down irretrievably unless the applicant satisfies the court of one or more of the facts described in subsection (5)(a), (b), (c) or (d).4But if the court is satisfied of any of those facts, it must make a dissolution order unless it is satisfied on all the evidence that the civil partnership has not broken down irretrievably.5The facts referred to in subsections (3) and (4) are—athat the respondent has behaved in such a way that the applicant cannot reasonably be expected to live with the respondent;bthat—ithe applicant and the respondent have lived apart for a continuous period of at least 2 years immediately preceding the making of the application (“2 years' separation”), andiithe respondent consents to a dissolution order being made;cthat the applicant and the respondent have lived apart for a continuous period of at least 5 years immediately preceding the making of the application (“5 years' separation”);dthat the respondent has deserted the applicant for a continuous period of at least 2 years immediately preceding the making of the application.6The court must not make a dissolution order without considering the oral testimony of the applicant unless for special reasons it orders that such testimony be dispensed with.Supplemental provisions as to facts raising presumption of breakdown1691Subsection (2) applies if—ain any proceedings for a dissolution order the applicant alleges, in reliance on section 168(5)(a), that the respondent has behaved in such a way that the applicant cannot reasonably be expected to live with the respondent, butbafter the date of the occurrence of the final incident relied on by the applicant and held by the court to support his allegation, the applicant and the respondent have lived together for a period (or periods) which does not, or which taken together do not, exceed 6 months.2The fact that the applicant and respondent have lived together as mentioned in subsection (1)(b) must be disregarded in determining, for the purposes of section 168(5)(a), whether the applicant cannot reasonably be expected to live with the respondent.3Subsection (4) applies in relation to cases where the applicant alleges, in reliance on section 168(5)(b), that the respondent consents to a dissolution order being made.4Rules of court must make provision for the purpose of ensuring that the respondent has been given such information as will enable him to understand—athe consequences to him of consenting to the order, andbthe steps which he must take to indicate his consent.5For the purposes of section 168(5)(d) the court may treat a period of desertion as having continued at a time when the deserting civil partner was incapable of continuing the necessary intention, if the evidence before the court is such that, had he not been so incapable, the court would have inferred that the desertion continued at that time.6In considering for the purposes of section 168(5) whether the period for which the civil partners have lived apart or the period for which the respondent has deserted the applicant has been continuous, no account is to be taken of—aany one period not exceeding 6 months, orbany two or more periods not exceeding 6 months in all,during which the civil partners resumed living together.7But no period during which the civil partners have lived with each other counts as part of the period during which the civil partners have lived apart or as part of the period of desertion.8For the purposes of section 168(5)(b) and (c) and this section civil partners are to be treated as living apart unless they are living with each other in the same household, and references in this section to civil partners living with each other are to be read as references to their living with each other in the same household.Dissolution order not precluded by previous separation order etc.1701Subsections (2) and (3) apply if any of the following orders has been made in relation to a civil partnership—aa separation order;ban order under Schedule 16 (financial relief in court of summary jurisdiction etc.);can occupation order under Article 11 of the Family Homes and Domestic Violence (Northern Ireland) Order 1998 (S.I. 1998/1071 (N.I. 6) (occupation orders));dan order under Article 15 of that Order (orders where neither civil partner entitled to occupy the home).2Nothing prevents—aeither civil partner from applying for a dissolution order, orbthe court from making a dissolution order,on the same facts, or substantially the same facts, as those proved in support of the making of the order referred to in subsection (1).3On the application for the dissolution order, the court—amay treat the order referred to in subsection (1) as sufficient proof of any desertion or other fact by reference to which it was made, butbmust not make the dissolution order without receiving evidence from the applicant.4If—athe application for the dissolution order follows a separation order or any order requiring the civil partners to live apart,bthere was a period of desertion immediately preceding the institution of the proceedings for the separation order, andcthe civil partners have not resumed living together and the separation order has been continuously in force since it was made,the period of desertion is to be treated for the purposes of the application for the dissolution order as if it had immediately preceded the making of the application.5For the purposes of section 168(5)(d) the court may treat as a period during which the respondent has deserted the applicant any period during which there is in force—aan injunction granted by the High Court or a county court which excludes the respondent from the civil partnership home, orban order under Article 11 or 15 of the Family Homes and Domestic Violence (Northern Ireland) Order 1998 (S.I. 1998/1071 (N.I. 6)) which prohibits the respondent from occupying a dwelling-house in which the applicant and the respondent have, or at any time have had, a civil partnership home.Refusal of dissolution in 5 year separation cases on ground of grave hardship1711The respondent to an application for a dissolution order in which the applicant alleges 5 years' separation may oppose the making of an order on the ground that—athe dissolution of the civil partnership will result in grave financial or other hardship to him, andbit would in all the circumstances be wrong to dissolve the civil partnership.2Subsection (3) applies if—athe making of a dissolution order is opposed under this section,bthe court finds that the applicant is entitled to rely in support of his application on the fact of 5 years' separation and makes no such finding as to any other fact mentioned in section 168(5), andcapart from this section, the court would make a dissolution order.3The court must—aconsider all the circumstances, including the conduct of the civil partners and the interests of the civil partners and of any children or other persons concerned, andbif it is of the opinion that the ground mentioned in subsection (1) is made out, dismiss the application for the dissolution order.4“Hardship” includes the loss of the chance of acquiring any benefit which the respondent might acquire if the civil partnership were not dissolved.Proceedings before order made final: protection for respondent in separation cases1721The court may, on an application made by the respondent, rescind a conditional dissolution order if—ait made the order on the basis of a finding that the applicant was entitled to rely on the fact of 2 years' separation coupled with the respondent’s consent to a dissolution order being made,bit made no such finding as to any other fact mentioned in section 168(5), andcit is satisfied that the applicant misled the respondent (whether intentionally or unintentionally) about any matter which the respondent took into account in deciding to give his consent.2Subsections (3) to (5) apply if—athe respondent to an application for a dissolution order in which the applicant alleged—i2 years' separation coupled with the respondent’s consent to a dissolution order being made, orii5 years' separation,has applied to the court for consideration under subsection (3) of his financial position after the dissolution of the civil partnership, andbthe court—ihas made a conditional dissolution order on the basis of a finding that the applicant was entitled to rely in support of his application on the fact of 2 years' or 5 years' separation, andiihas made no such finding as to any other fact mentioned in section 168(5).3The court hearing an application by the respondent under subsection (2) must consider all the circumstances, including—athe age, health, conduct, earning capacity, financial resources and financial obligations of each of the parties, andbthe financial position of the respondent as, having regard to the dissolution, it is likely to be after the death of the applicant should the applicant die first.4The court must not make the order final unless it has, by order, declared that it is satisfied that—athe applicant should not be required to make any financial provision for the respondent,bthe financial provision made by the applicant for the respondent is—ireasonable and fair, oriithe best that can be made in the circumstances, orcthere are circumstances making it desirable that the order should be made final without delay.5The court must not make an order declaring that it is satisfied as mentioned in subsection (4)(c) unless it has obtained a satisfactory undertaking from the applicant that he will bring the question of financial provision for the respondent before the court within a specified time.6Subsection (7) applies if, following an application under subsection (2) which is not withdrawn, the court makes the order final without making an order under subsection (4).7The final order is voidable at the instance of the respondent or of the court but no person is entitled to challenge the validity of the order after it is made final on the ground that subsections (4) and (5) were not satisfied.8If the court refuses to make an order under subsection (4), it must, on an application by the applicant, make an order declaring that it is not satisfied as mentioned in that subsection.<Emphasis>Nullity</Emphasis>Grounds on which civil partnership is void1731Where two people register as civil partners of each other in Northern Ireland, the civil partnership is void if—aat the time when they do so, they are not eligible to register as civil partners of each other under Chapter 1 (see section 138), orbat the time when they do so they both know—ithat due notice of proposed civil partnership has not been given,iithat the civil partnership schedule has not been duly issued,iiithat the place of registration is a place other than that specified in the civil partnership schedule, orivthat a registrar is not present.2Subsection (3) applies in the case of a civil partnership which results from the conversion, or purported conversion, of a marriage into a civil partnership under Part 3, 4 or 5 of the Marriage and Civil Partnership (Northern Ireland) (No. 2) Regulations 2020.3The civil partnership is void if (but only if) the marriage was void.Grounds on which civil partnership is voidable1741Where two people register as civil partners of each other in Northern Ireland, the civil partnership is voidable if—aeither of them did not validly consent to its formation (whether as a result of duress, mistake, unsoundness of mind or otherwise);bat the time of its formation either of them, though capable of giving a valid consent, was suffering (whether continuously or intermittently) from mental disorder of such a kind or to such an extent as to be unfitted for civil partnership;cat the time of its formation, the respondent was pregnant by some person other than the applicant;dan interim gender recognition certificate under the Gender Recognition Act 2004 (c. 7) has, after the time of its formation, been issued to either civil partner;ethe respondent is a person whose gender at the time of its formation had become the acquired gender under the 2004 Act.2In this section and section 175 “mental disorder” has the same meaning as in the Mental Health (Northern Ireland) Order 1986 (S.I. 1986/595 (N.I. 4)).<Addition ChangeId="key-fbf9afa817f2f560a24a6bb1af2c2dd9-1624459009654" CommentaryRef="key-fbf9afa817f2f560a24a6bb1af2c2dd9" Extent="N.I.">Civil partnership converted from a marriage: when voidable</Addition>174A1Subsections (2) and (3) apply in the case of a civil partnership which results from the conversion of a marriage into a civil partnership under Part 3, 4 or 5 of the Marriage and Civil Partnership (Northern Ireland) (No. 2) Regulations 2020.2Section 174(1) applies in relation to the civil partnership, but does so as if—athe reference in paragraph (a) to either party not validly consenting to the formation of the civil partnership were a reference to either party not validly consenting to the marriage, andba reference in paragraphs (b) to (e) to the time of the civil partnership’s formation were a reference to the time of the marriage.3Section 175 applies in relation to the civil partnership as if—athe reference in subsection (1)(a) to obtaining a nullity order were a reference to obtaining a nullity order or (at times before the conversion) to having the marriage avoided,bthe reference in subsection (2) to the date of the formation of the civil partnership were a reference to the date of the marriage, andcthe reference in subsection (6) to the time of the formation of the civil partnership were a reference to the time of the marriage.Bars to relief where civil partnership is voidable1751The court must not make a nullity order on the ground that a civil partnership is voidable if the respondent satisfies the court—athat the applicant, with knowledge that it was open to him to obtain a nullity order, conducted himself in relation to the respondent in such a way as to lead the respondent reasonably to believe that he would not seek to do so, andbthat it would be unjust to the respondent to make the order.2Without prejudice to subsection (1), the court must not make a nullity order by virtue of section 174(1)(a), (b), (c) or (e) unless—ait is satisfied that proceedings were instituted within 3 years from the date of the formation of the civil partnership, orbleave for the institution of proceedings after the end of that 3 year period has been granted under subsection (3).3A judge of the court may, on an application made to him, grant leave for the institution of proceedings if he—ais satisfied that the applicant has at some time during the 3 year period suffered from mental disorder, andbconsiders that in all the circumstances of the case it would be just to grant leave for the institution of proceedings.4An application for leave under subsection (3) may be made after the end of the 3 year period.5Without prejudice to subsection (1), the court must not make a nullity order by virtue of section 174(1)(d) unless it is satisfied that proceedings were instituted within the period of 6 months from the date of issue of the interim gender recognition certificate.6Without prejudice to subsections (1) and (2), the court must not make a nullity order by virtue of section 174(1)(c) or (e) unless it is satisfied that the applicant was at the time of the formation of the civil partnership ignorant of the facts alleged.Proof of certain matters not necessary to validity of civil partnership176Where two people have registered as civil partners of each other in Northern Ireland, it is not necessary in support of the civil partnership to give any proof—athat any person whose consent to the civil partnership was required by section 145 (parental etc. consent) had given his consent;bthat the registrar was properly appointed under section 152;cthat, in the case of a civil partnership to which Schedule 13A applied, any of the events listed in paragraph 2(2) to (6) of that Schedule occurred;and no evidence is to be given to prove the contrary in any proceedings touching the validity of the civil partnership.Validity of civil partnerships registered outside Northern Ireland1771Where two people register as civil partners of each other in England or Wales, the civil partnership is—avoid, if it would be void in England and Wales under section 49, andbvoidable, if the circumstances fall within any paragraph of section 174(1).2Where two people register as civil partners of each other in Scotland, the civil partnership is—avoid, if it would be void in Scotland under section 123, andbvoidable, if the circumstances fall within section 174(1)(d).3Subsection (4) applies where two people register as civil partners of each other under an Order in Council under—asection 210 (registration at British consulates etc.), orbsection 211 (registration by armed forces personnel),(“the relevant section”).4The civil partnership is—avoid, if—ithe condition in subsection (2)(a) or (b) of the relevant section is not met, oriia requirement prescribed for the purposes of this paragraph by an Order in Council under the relevant section is not complied with, andbvoidable, if—ithe appropriate part of the United Kingdom is Northern Ireland or England and Wales and the circumstances fall within any paragraph of section 174(1), oriithe appropriate part of the United Kingdom is Scotland and the circumstances fall within section 174(1)(d).5The appropriate part of the United Kingdom is the part by reference to which the condition in subsection (2)(b) of the relevant section is met.6Subsections (7) and (8) apply where two people have registered an apparent or alleged overseas relationship.7The civil partnership is void if—athe relationship is not an overseas relationship, orb(even though the relationship is an overseas relationship) the parties are not treated under Chapter 2 of Part 5 as having formed a civil partnership.8The civil partnership is voidable if—athe overseas relationship is voidable under the relevant law,bthe circumstances fall within section 174(1)(d), orcwhere either of the parties was domiciled in Northern Ireland or England and Wales at the time when the overseas relationship was registered, the circumstances fall within section 174(1)(a), (b), (c) or (e).9Section 175 applies for the purposes of—asubsections (1)(b), (2)(b) and (4)(b),bsubsection (8)(a), in so far as applicable in accordance with the relevant law, andcsubsection (8)(b) and (c).10In subsections (8)(a) and (9)(b) “the relevant law” means the law of the country or territory where the overseas relationship was registered (including its rules of private international law).11For the purposes of subsections (8) and (9)(b) and (c), references in sections 174 and 175 to the formation of a civil partnership are to be read as references to the registration of the overseas relationship.<Emphasis>Presumption of death orders</Emphasis>Presumption of death orders178. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .<Emphasis>Separation orders</Emphasis>Separation orders1791An application for a separation order may be made to the court by either civil partner on the ground that any such fact as is mentioned in section 168(5)(a), (b), (c) or (d) exists.2On an application for a separation order the court must inquire, so far as it reasonably can, into—athe facts alleged by the applicant, andbany facts alleged by the respondent,but whether the civil partnership has broken down irretrievably is irrelevant.3If the court is satisfied on the evidence of any such fact as is mentioned in section 168(5)(a), (b), (c) or (d) it must, subject to section 186, make a separation order.4Section 169 (supplemental provisions as to facts raising presumption of breakdown) applies for the purposes of an application for a separation order alleging any such fact as it applies in relation to an application for a dissolution order alleging that fact.Effect of separation order180If either civil partner dies intestate as respects all or any of his or her real or personal property while—aa separation order is in force, andbthe separation order is continuing,the property as respects which he or she died intestate devolves as if the other civil partner had then been dead.<Emphasis>Declarations</Emphasis>Declarations1811Any person may apply to the court for one or more of the following declarations in relation to a civil partnership specified in the application—aa declaration that the civil partnership was at its inception a valid civil partnership;ba declaration that the civil partnership subsisted on a date specified in the application;ca declaration that the civil partnership did not subsist on a date so specified;da declaration that the validity of a dissolution, annulment or legal separation obtained in any country outside Northern Ireland in respect of the civil partnership is entitled to recognition in Northern Ireland;ea declaration that the validity of a dissolution, annulment or legal separation so obtained in respect of the civil partnership is not entitled to recognition in Northern Ireland.2Where an application under subsection (1) is made to the court by a person other than a civil partner in the civil partnership to which the application relates, the court must refuse to hear the application if it considers that the applicant does not have a sufficient interest in the determination of that application.General provisions as to making and effect of declarations1821Where on an application for a declaration under section 181 the truth of the proposition to be declared is proved to the satisfaction of the court, the court must make the declaration unless to do so would be manifestly contrary to public policy.2Any declaration under section 181 binds Her Majesty and all other persons.3The court, on the dismissal of an application for a declaration under section 181, may not make any declaration for which an application has not been made.4No declaration which may be applied for under section 181 may be made otherwise than under section 181 by any court.5No declaration may be made by any court, whether under section 181 or otherwise, that a civil partnership was at its inception void.6Nothing in this section affects the powers of any court to annul a civil partnership.The Attorney General and proceedings for declarations1831On an application for a declaration under section 181 the court may at any stage of the proceedings, of its own motion or on the application of any party to the proceedings, direct that all necessary papers in the matter be sent to the Attorney General.2The Attorney General, whether or not he is sent papers in relation to an application for a declaration under section 181, may—aintervene in the proceedings on that application in such manner as he thinks necessary or expedient, andbargue before the court any question in relation to the application which the court considers it necessary to have fully argued.3Where any costs are incurred by the Attorney General in connection with any application for a declaration under section 181, the court may make such order as it considers just as to the payment of those costs by parties to the proceedings.Supplementary provisions as to declarations1841Any declaration made under section 181, and any application for such a declaration, must be in the form prescribed by family proceedings rules.2Family proceedings rules may make provision—aas to the information required to be given by any applicant for a declaration under section 181;brequiring notice of an application under section 181 to be served on the Attorney General and on persons who may be affected by any declaration applied for.3No proceedings under section 181 affects any final judgment or order already pronounced or made by any court of competent jurisdiction.4The court hearing an application under section 181 may direct that the whole or any part of the proceedings must be heard in private.5An application for a direction under subsection (4) must be heard in private unless the court otherwise directs.6Family proceedings rules must make provision for an appeal to the Court of Appeal from any declaration made by a county court under section 181 or from the dismissal of an application under that section, upon a point of law, a question of fact or the admission or rejection of any evidence.7Subsection (6) does not affect Article 61 of the County Courts (Northern Ireland) Order 1980 (S.I. 1980/397 (N.I. 3)) (cases stated).8In this section “family proceedings rules” means family proceedings rules made under Article 12 of the Family Law (Northern Ireland) Order 1993 (S.I. 1993/1576 (N.I. 6)).<Emphasis>General provisions</Emphasis>Relief for respondent in dissolution proceedings1851If in any proceedings for a dissolution or separation order the respondent alleges and proves any such fact as is mentioned in section 168(5)(a), (b), (c) or (d) the court may give to the respondent the relief to which he would have been entitled if he had made an application seeking that relief.2When applying subsection (1), treat—athe respondent as the applicant, andbthe applicant as the respondent,for the purposes of section 168(5).Restrictions on making of orders affecting children1861In any proceedings for a dissolution, nullity or separation order, the court must consider—awhether there are any children of the family to whom this section applies, andbif there are any such children, whether (in the light of the arrangements which have been, or are proposed to be, made for their upbringing and welfare) it should exercise any of its powers under the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2)) with respect to any of them.2If, in any case to which this section applies, it appears to the court that—athe circumstances of the case require it, or are likely to require it, to exercise any of its powers under the 1995 Order with respect to any such child,bit is not in a position to exercise the power or (as the case may be) those powers without giving further consideration to the case, andcthere are exceptional circumstances which make it desirable in the interests of the child that the court should give a direction under this section,it may direct that the order is not to be made final, or (in the case of a separation order) is not to be made, until the court orders otherwise.3This section applies to—aany child of the family who has not reached 16 at the date when the court considers the case in accordance with the requirements of this section, andbany child of the family who has reached 16 at that date and in relation to whom the court directs that this section shall apply.Parties to proceedings under this Chapter1871Rules of court may make provision with respect to—athe joinder as parties to proceedings under sections 161 to 179 of persons involved in allegations of improper conduct made in those proceedings,bthe dismissal from such proceedings of any parties so joined, andcthe persons who are to be parties to proceedings on an application under section 181.2Rules of court made under this section may make different provision for different cases.3In every case in which the court considers, in the interest of a person not already a party to the proceedings, that the person should be made a party, the court may if it thinks fit allow the person to intervene upon such terms, if any, as the court thinks just.<Emphasis>The court</Emphasis>The court1881In this Chapter “the court” means—athe High Court, orba county court.2Subsection (1) is subject to the following provisions of this section.3Subsection (1) does not apply where the context shows that “the court” means some particular court.4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7Any jurisdiction conferred on a county court is exercisable even though by reason of any amount claimed the jurisdiction would not but for this subsection be exercisable by a county court.8The jurisdiction of a ... county court to exercise any power under Schedule 15 (except a power under Part 8 of or paragraph 62 of that Schedule or a power under paragraph 57, 58 or 66 of that Schedule ...) shall, except to the extent that rules of court otherwise permit and, in particular, without prejudice to section 190(4) and (6), be exercisable only in connection with an application or order pending in or made by such a court.9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Appeals1891Rules of court shall make provision for an appeal upon a point of law, a question of fact or the admission or rejection of any evidence to the Court of Appeal from—aany order made by a judge of a ... county court in the exercise of the jurisdiction conferred by a relevant provision, orbthe dismissal by a judge of a ... county court of any application under a relevant provision.2“Relevant provision” means any provision of—athis Chapter or Schedule 15 (except paragraphs 56 to 58 and 66);bthe Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2)).3A person dissatisfied with—aan order made by any county court in exercise of the jurisdiction conferred by paragraph 57, 58 or 66 of Schedule 15, orbwith the dismissal of any application made by him under any of those paragraphs,is entitled to appeal from the order or dismissal as if the order or dismissal had been made in exercise of the jurisdiction conferred by Part 3 of the County Courts (Northern Ireland) Order 1980 (S.I. 1980/397 (N.I. 3)) and the appeal brought under Part 6 of that Order and Articles 61 (cases stated by county court judge) and 62 (cases stated by High Court on appeal from county court) of that Order apply accordingly.Transfer of proceedings1901This section applies if an order is made under section 188.2Rules of court—amust provide for the transfer to the High Court—iof any civil partnership cause pending in a county court which ceases to be undefended, andiiof any civil partnership cause so pending, where the transfer appears to the county court to be desirable;bmay provide for the transfer to the High Court of any civil partnership cause which remains undefended;cmay provide for the transfer or retransfer from the High Court to a county court of any civil partnership cause which is, or again becomes, undefended;dmust define the circumstances in which any civil partnership cause is to be treated for the purposes of this subsection as undefended.3“Civil partnership cause” means an action for the dissolution or annulment of a civil partnership or for the legal separation of civil partners.4Rules of court may provide for the transfer or retransfer—afrom a civil partnership proceedings county court to the High Court, orbfrom the High Court to a civil partnership proceedings county court,of any proceedings for the exercise of a power under this Chapter or Schedule 15 (except proceedings on an application under paragraph 57, 58 or 66).5The power conferred by subsections (2) and (4) includes power to provide for the removal of proceedings at the direction of the High Court; but nothing in this section affects—aany other power of the High Court to remove proceedings to that court from a county court, orbany power to remit proceedings from that court to a county court.6A court has jurisdiction to entertain any proceedings transferred to the court by virtue of rules made in pursuance of subsection (4).Chapter 3Property and financial arrangementsDisputes between civil partners about property1911In any question between the civil partners in a civil partnership as to title to or possession of property, either civil partner may apply by summons or otherwise in a summary way to—athe High Court, orba county court.2On such an application, the court may make such order with respect to the property as it thinks fit (including an order for the sale of the property).3Rules of court made for the purposes of this section may confer jurisdiction on county courts whatever the situation or value of the property in dispute.Applications under section 191 where property not in possession etc.1921The right of a civil partner (“A”) to make an application under section 191 includes the right to make such an application where A claims that the other civil partner (“B”) has had in his possession or under his control—amoney to which, or to a share of which, A was beneficially entitled, orbproperty (other than money) to which, or to an interest in which, A was beneficially entitled,and that either the money or other property has ceased to be in B’s possession or under B’s control or that A does not know whether it is still in B’s possession or under B’s control.2For the purposes of subsection (1)(a) it does not matter whether A is beneficially entitled to the money or share—abecause it represents the proceeds of property to which, or to an interest in which, A was beneficially entitled, orbfor any other reason.3Subsections (4) and (5) apply if, on such an application being made, the court is satisfied that B—ahas had in his possession or under his control money or other property as mentioned in subsection (1)(a) or (b), andbhas not made to A, in respect of that money or other property, such payment or disposition as would have been just and equitable in the circumstances.4The power of the court to make orders under section 191 includes power to order B to pay to A—ain a case falling within subsection (1)(a), such sum in respect of the money to which the application relates, or A’s share of it, as the court considers appropriate, orbin a case falling within subsection (1)(b), such sum in respect of the value of the property to which the application relates, or A’s interest in it, as the court considers appropriate.5If it appears to the court that there is any property which—arepresents the whole or part of the money or property, andbis property in respect of which an order could (apart from this section) have been made under section 191,the court may (either instead of or as well as making an order in accordance with subsection (4)) make any order which it could (apart from this section) have made under section 191.6Any power of the court which is exercisable on an application under section 191 is exercisable in relation to an application made under that section as extended by this section.Applications under section 191 by former civil partners1931Where a civil partnership has been dissolved or annulled or is void (whether or not it has been annulled), either party may make an application under section 191 (or under that section as extended by section 192) and references in those sections to a civil partner are to be read accordingly.2An application under subsection (1) must—awhere the civil partnership has been dissolved or annulled, be made within the period of 3 years beginning with the date of the dissolution or annulment, andbwhere a civil partnership is void but has not been annulled and the parties have ceased to live together in the same household, be made within the period of 3 years beginning with the date on which they ceased so to live together.Assurance policy by civil partner for benefit of other civil partner etc.194Section 4 of the Law Reform (Husband and Wife) Act (Northern Ireland) 1964 (c. 23 (N.I.)) (money payable under policy of life assurance or endowment not to form part of the estate of the insured) applies in relation to a policy of life assurance or endowment—aeffected by a civil partner on his own life, andbexpressed to be for the benefit of his civil partner, or of his children, or of his civil partner and children, or any of them,as it applies in relation to a policy of life assurance or endowment effected by a husband and expressed to be for the benefit of his wife, or of his children, or of his wife and children, or of any of them.Wills, administration of estates and family provision195Schedule 14 amends enactments relating to wills, administration of estates and family provision so that they apply in relation to civil partnerships as they apply in relation to marriage.Financial relief for civil partners and children of family1961Schedule 15 makes provision for financial relief in connection with civil partnerships that corresponds to the provision made for financial relief in connection with marriages by Part 3 of the Matrimonial Causes (Northern Ireland) Order 1978 (S.I. 1978/1045 (N.I. 15)).2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3Schedule 16 makes provision for financial relief in connection with civil partnerships that corresponds to provision made for financial relief in connection with marriages by the Domestic Proceedings (Northern Ireland) Order 1980 (S.I. 1980/563 (N.I. 5)).4Schedule 17 makes provision for financial relief in Northern Ireland after a civil partnership has been dissolved or annulled, or civil partners have been legally separated, in a country outside the British Islands.Chapter 4Civil partnership agreementsCivil partnership agreements unenforceable1971A civil partnership agreement does not under the law of Northern Ireland have effect as a contract giving rise to legal rights.2No action lies in Northern Ireland for breach of a civil partnership agreement, whatever the law applicable to the agreement.3In this section and section 198 “civil partnership agreement” means an agreement between two people—ato register as civil partners of each other—iin Northern Ireland (under Part 4),iiin England and Wales (under Part 2),iiiin Scotland (under Part 3), orivoutside the United Kingdom under an Order in Council made under Chapter 1 of Part 5 (registration at British consulates etc. or by armed forces personnel), orbto enter into an overseas relationship.4This section applies in relation to civil partnership agreements whether entered into before or after this section comes into force, but does not affect any action commenced before it comes into force.Property where civil partnership agreement is terminated1981This section applies if a civil partnership agreement is terminated.2Sections 191 and 192 (disputes between civil partners about property) apply to any dispute between, or claim by, one of the parties in relation to property in which either or both had a beneficial interest while the agreement was in force, as if the parties were civil partners of each other.3An application made under section 191 or 192 by virtue of subsection (2) must be made within 3 years of the termination of the agreement.4A party to a civil partnership agreement who makes a gift of property to the other party on the condition (express or implied) that it is to be returned if the agreement is terminated is not prevented from recovering the property merely because of his having terminated the agreement.Chapter 5ChildrenParental responsibility, children of the family and relatives1991Amend the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2)) (“the 1995 Order”) as follows.2In Article 2(2) (interpretation), for the definition of “child of the family” in relation to the parties to a marriage, substitute—“child of the family”, in relation to parties to a marriage, or to two people who are civil partners of each other, means—a child of both of them, andany other child, other than a child placed with them as foster parents by an authority or voluntary organisation, who has been treated by both of them as a child of their family.3In the definition of “relative” in Article 2(2), for “by affinity)” substitute “ by marriage or civil partnership) ”.4In Article 7(1C) (acquisition of parental responsibility by step-parent), after “is married to” insert “ , or a civil partner of, ”.Guardianship200In Article 161 of the 1995 Order (revocation of appointment), after paragraph (7) insert—8An appointment under paragraph (1) or (2) of Article 160 (including one made in an unrevoked will) is revoked if—athe civil partnership of the person who made the appointment is dissolved or annulled, andbthe person appointed is his former civil partner.9Paragraph (8) is subject to a contrary intention appearing from the appointment.10In paragraph (8) “dissolved or annulled” means—adissolved by a dissolution order or annulled by a nullity order under Part 4 of the Civil Partnership Act 2004, orbdissolved or annulled in any country or territory outside Northern Ireland by a dissolution or annulment which is entitled to recognition in Northern Ireland by virtue of Chapter 3 of Part 5 of that Act.Entitlement to apply for residence or contact order201In Article 10(5) of the 1995 Order (persons entitled to apply for residence or contact order), after sub-paragraph (a) insert—aaany civil partner in a civil partnership (whether or not subsisting) in relation to whom the child is a child of the family;.Financial provision for children2021Amend Schedule 1 to the 1995 Order (financial provision for children) as follows.2For paragraph 1(2) (extended meaning of “parent”) substitute—2In this Schedule, except paragraphs 3 and 17, “parent” includes—aany party to a marriage (whether or not subsisting) in relation to whom the child concerned is a child of the family, andbany civil partner in a civil partnership (whether or not subsisting) in relation to whom the child concerned is a child of the family;and for this purpose any reference to either parent or both parents shall be read as a reference to any parent of his and to all of his parents.3In paragraph 3(6) (meaning of “periodical payments order”), after paragraph (d) insert—ePart 1 or 8 of Schedule 15 to the Civil Partnership Act 2004 (financial relief in the High Court or county court etc.);fSchedule 16 to the 2004 Act (financial relief in court of summary jurisdiction etc.);.4In paragraph 17(2) (person with whom a child lives or is to live), after “husband or wife” insert “ or civil partner ”.Adoption2031Amend the Adoption (Northern Ireland) Order 1987 (S.I. 1987/2203 (N.I. 22)) as follows.2In Article 2 (interpretation), in the definition of “relative” in paragraph (2), for “affinity” substitute “ marriage or civil partnership ”.3In Article 12 (adoption orders), in paragraph (5), after “married” insert “ or who is or has been a civil partner ”.4In Article 15 (adoption by one person), in paragraph (1)(a), after “is not married” insert “ or a civil partner ”.5In Article 33 (meaning of “protected child”), in paragraph (3)(g), after “marriage” insert “ or forming a civil partnership ”.6In Article 40 (status conferred by adoption), in paragraph (3)(a), after “1984” insert “ or for the purposes of Schedule 12 to the Civil Partnership Act 2004 ”.7In Article 54 (disclosure of birth records of adopted children), in paragraph (2)—aafter “intending to be married” insert “ or to form a civil partnership ”;bfor “the person whom he intends to marry” substitute “ the intended spouse or civil partner ”;cafter “1984” insert “ or Schedule 12 to the Civil Partnership Act 2004 ”.8In Article 54A (Adoption Contact Register), in paragraph (13)(a), for “or marriage” substitute “ , marriage or civil partnership ”.Chapter 6MiscellaneousFalse statements etc. with reference to civil partnerships2041Amend Article 8 of the Perjury (Northern Ireland) Order 1979 (S.I. 1979/1714 (N.I. 19)) (false statements etc. with reference to marriage) as follows.2After paragraph (1) insert—1AAny person who—afor the purpose of procuring the formation of a civil partnership or a document mentioned in paragraph (1B)—imakes or signs a declaration required under Part 4 or 5 of the Civil Partnership Act 2004; oriigives a notice or certificate required under Part 4 or 5 of the Civil Partnership Act 2004,knowing that the declaration, notice or certificate is false;bfor the purpose of a record being made in any register relating to civil partnerships—imakes a statement as to any information which is required to be registered under Part 4 or 5 of the Civil Partnership Act 2004; oriicauses such a statement to be made,knowing that the statement is false;cforbids the issue of a document mentioned in paragraph (1B)(a) or (b) by representing himself to be a person whose consent to a civil partnership between a child and another person is required under Part 4 or 5 of the Civil Partnership Act 2004, knowing the representation to be false,shall be guilty of an offence.1BThe documents are[en rule]aa civil partnership schedule;ba document required by an Order in Council under section 210 or 211 of the Civil Partnership Act 2004 as an authority for two people to register as civil partners of each other;ca certificate of no impediment under section 240 of the Civil Partnership Act 2004.3In paragraph (2), after “paragraph (1)” insert “ or (1A) ”.4In the heading to Article 8, after “marriage” insert “ or civil partnership ”.<Addition ChangeId="key-b383e79ee30bd1006f67fc3c29c12201-1606092643674" CommentaryRef="key-b383e79ee30bd1006f67fc3c29c12201">Ceremonies and events to mark civil partnerships: protection from compulsion</Addition>204A1A religious body, or a person acting on behalf of or under the auspices of a religious body, may not be compelled—ato provide, arrange or facilitate a ceremony or event to mark the formation of a civil partnership,bto allow religious premises to be used as the place at which such a ceremony or event is held, orcto participate in, or be present at, such a ceremony or event,where the reason for not doing that thing is that the body or person does not wish to do things of that sort in relation to civil partnerships generally, in relation to civil partnerships between parties who are of the same sex or in relation to civil partnerships between parties who are not of the same sex.2In this section—“compelled” means compelled by any means (including by the enforcement of a contract or a statutory or other legal requirement);“religious body” means an organised group of people meeting regularly for common religious worship;“religious premises” means premises which—are owned, or controlled, by a religious body or a person acting on behalf of or under the auspices of a religious body, andare not premises where the sole or main purpose for which they are used is commercial.Housing and tenancies205Schedule 18 amends certain enactments relating to housing and tenancies.Family homes and domestic violence206Schedule 19 amends the Family Homes and Domestic Violence (Northern Ireland) Order 1998 (S.I. 1998/1071 (N.I. 6)) and related enactments so that they apply in relation to civil partnerships as they apply in relation to marriages.Fatal accidents claims2071Amend the Fatal Accidents (Northern Ireland) Order 1977 (S.I. 1977/1251 (N.I. 18)) as follows.2In Article 2(2) (meaning of “dependant”), after sub-paragraph (a) insert—aathe civil partner or former civil partner of the deceased;.3In sub-paragraph (b)(iii) of Article 2(2), after “wife” insert “ or civil partner ”.4After sub-paragraph (f) of Article 2(2) insert—faany person (not being a child of the deceased) who, in the case of any civil partnership in which the deceased was at any time a civil partner, was treated by the deceased as a child of the family in relation to that civil partnership;.5After Article 2(2A) insert—2BThe reference to the former civil partner of the deceased in paragraph (2)(aa) includes a reference to a person whose civil partnership with the deceased has been annulled as well as a person whose civil partnership with the deceased has been dissolved.6In Article 2(3)(b), for “by affinity” substitute “ by marriage or civil partnership ”.7In Article 3A(2) (persons for whose benefit claim for bereavement damages may be made)—ain sub-paragraph (a), after “wife or husband” insert “ or civil partner ”, andbin sub-paragraph (b), after “was never married” insert “ or a civil partner ”.8In Article 5 (assessment of damages), in paragraph (3A), after “wife” insert “ or civil partner ”.Evidence2081Any enactment or rule of law relating to the giving of evidence by a spouse applies in relation to a civil partner as it applies in relation to the spouse.2Subsection (1) is subject to any specific amendment made by or under this Act which relates to the giving of evidence by a civil partner.3For the avoidance of doubt, in any such amendment, references to a person’s civil partner do not include a former civil partner.4References in subsections (1) and (2) to giving evidence are to giving evidence in any way (whether by supplying information, making discovery, producing documents or otherwise).5Any rule of law—awhich is preserved by Article 22(1) of the Criminal Justice (Evidence) (Northern Ireland) Order 2004 (S.I. 2004/1501 (N.I. 10)), andbunder which in any proceedings evidence of reputation or family tradition is admissible for the purpose of proving or disproving the existence of a marriage,is to be treated as applying in an equivalent way for the purpose of proving or disproving the existence of a civil partnership.Restriction on publicity of reports of proceedings209Section 1 of the Matrimonial Causes (Reports) Act (Northern Ireland) 1966 (c. 29 (N.I.)) (restriction on publication of reports of proceedings) shall extend to proceedings—afor the dissolution or annulment of a civil partnership or for the legal separation of civil partners,bunder section 181,cunder Part 8 of Schedule 15, ordunder Part 10 of Schedule 15 in relation to an order under Part 8 of that Schedule. Part 5 Civil partnership formed or dissolved abroad etc.Chapter 1Registration outside UK under Order in CouncilRegistration at British consulates etc.2101Her Majesty may by Order in Council make provision for two people to register as civil partners of each other—ain prescribed countries or territories outside the United Kingdom, andbin the presence of a registration officer ,in cases where the officer is satisfied that the conditions in subsection (2) are met.2The conditions are that—aat least one of the proposed civil partners is a United Kingdom national,bthe proposed civil partners would have been eligible to register as civil partners of each other in such part of the United Kingdom as is determined in accordance with the Order,cthe authorities of the country or territory in which it is proposed that they register as civil partners will not object to the registration, anddinsufficient facilities exist for them to enter into an overseas relationship under the law of that country or territory.3 A registration officer is not required to allow two people to register as civil partners of each other if in his opinion the formation of a civil partnership between them would be inconsistent with international law or the comity of nations.4An Order in Council under this section may make provision for appeals against a refusal, in reliance on subsection (3), to allow two people to register as civil partners of each other.5An Order in Council under this section may provide that two people who register as civil partners of each other under such an Order are to be treated for the purposes of sections 221(1)(c)(i) and (2)(c)(i), 222(c), 224(b), 225(1)(c)(i) and (3)(c)(i), 229(1)(c)(i) and (2)(c)(i) and section 232(b) and section 1(3)(c)(i) of the Presumption of Death (Scotland) Act 1977 (c. 27) as if they had done so in the part of the United Kingdom determined as mentioned in subsection (2)(b).6“Registration officer” means—aa consular officer in the service of Her Majesty’s government in the United Kingdom, orbin the case of registration in a country or territory in which Her Majesty’s government in the United Kingdom has for the time being no consular representative, a person authorised by the Secretary of State in respect of registration of civil partnerships in that country or territory .Registration by armed forces personnel2111Her Majesty may by Order in Council make provision for two people to register as civil partners of each other—ain prescribed countries or territories outside the United Kingdom, andbin the presence of an officer appointed by virtue of the Registration of Births, Deaths and Marriages (Special Provisions) Act 1957 (c. 58),in cases where the officer is satisfied that the conditions in subsection (2) are met.2The conditions are that—aat least one of the proposed civil partners—iis a member of a part of Her Majesty’s forces serving in the country or territory,iiis employed in the country or territory in such other capacity as may be prescribed, oriiiis a child of a person falling within sub-paragraph (i) or (ii) and has his home with that person in that country or territory,bthe proposed civil partners would have been eligible to register as civil partners of each other in such part of the United Kingdom as is determined in accordance with the Order, andcsuch other requirements as may be prescribed are complied with.3In determining for the purposes of subsection (2) whether one person is the child of another, a person who is or was treated by another as a child of the family in relation to—aa marriage to which the other is or was a party, orba civil partnership in which the other is or was a civil partner,is to be regarded as the other’s child.4An Order in Council under this section may provide that two people who register as civil partners of each other under such an Order are to be treated for the purposes of section 221(1)(c)(i) and (2)(c)(i), 222(c), 224(b), 225(1)(c)(i) and (3)(c)(i), 229(1)(c)(i) and (2)(c)(i) and section 232(b) and section 1(3)(c)(i) of the Presumption of Death (Scotland) Act 1977 (c. 27) as if they had done so in the part of the United Kingdom determined in accordance with subsection (2)(b).5Any references in this section—ato a country or territory outside the United Kingdom,bto forces serving in such a country or territory, andcto persons employed in such a country or territory,include references to ships which are for the time being in the waters of a country or territory outside the United Kingdom, to forces serving in any such ship and to persons employed in any such ship.Chapter 2Overseas relationships treated as civil partnershipsMeaning of “<Term id="term-overseas-relationship">overseas relationship</Term>”2121For the purposes of this Act an overseas relationship is a relationship which—ais either a specified relationship or a relationship which meets the general conditions, andbis registered (whether before or after the passing of this Act) with a responsible authority in a country or territory outside the United Kingdom, by two people—i. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .iineither of whom is already a civil partner or lawfully married.1ABut, for the purposes of the application of this Act to England and Wales or to Northern Ireland, marriage is not an overseas relationship.2In this Chapter, “the relevant law” means the law of the country or territory where the relationship is registered (including its rules of private international law).Specified relationships2131A specified relationship is a relationship which is specified for the purposes of section 212 —ain the case of a relationship registered by two people who under the relevant law are of the same sex when the relationship is registered, by Part 1 of Schedule 20,bin the case of a relationship registered by two people who under the relevant law are not of the same sex when the relationship is registered, by Part 2 of Schedule 20.2The Secretary of State may by order amend Part 1 of Schedule 20 by—aadding a relationship,bamending the description of a relationship, orcomitting a relationship.3No order may be made under this section amending Part 1 of Schedule 20 without the consent of the Scottish Ministers and the Department of Finance and Personnel.3ANo order may be made under this section amending Part 2 of Schedule 20 without the consent of the Department of Finance.4The power to make an order under this section is exercisable by statutory instrument.5An order which contains any provision (whether alone or with other provisions) amending Part 1 of Schedule 20 by—aamending the description of a relationship, orbomitting a relationship,may not be made unless a draft of the statutory instrument containing the order is laid before, and approved by a resolution of, each House of Parliament.6A statutory instrument containing any other order under this section amending Part 1 of Schedule 20 is subject to annulment in pursuance of a resolution of either House of Parliament.7The Scottish Ministers may by regulations amend Part 2 of Schedule 20 by—aadding a relationship,bamending the description of a relationship,comitting a relationship.8Regulations under subsection (7)—aamending the description of a relationship or omitting a relationship, are subject to the affirmative procedure,badding a relationship, are subject to the negative procedure.The general conditions214The general conditions are that, under the relevant law—athe relationship may not be entered into if either of the parties is already a party to a relationship of that kind or lawfully married,bthe relationship is of indeterminate duration, andbathe relationship is not one of marriage,cthe effect of entering into it is that the parties are—itreated as a couple either generally or for specified purposes, but are not treated as marriedor iitreated as married.Overseas relationships treated as civil partnerships: the general rule2151Two people are to be treated as having formed a civil partnership as a result of having registered an overseas relationship if, under the relevant law, they—ahad capacity to enter into the relationship, andbmet all requirements necessary to ensure the formal validity of the relationship.2Subject to subsections (3) and (5F) subsections (3) and (5B) subsections (3) and (3A), the time when they are to be treated as having formed the civil partnership is the time when the overseas relationship is registered (under the relevant law) as having been entered into.3If the overseas relationship is registered (under the relevant law) as having been entered into before this section comes into force, the time when they are to be treated as having formed a civil partnership is the time when this section comes into force.3AIn its application to an overseas relationship between persons of different sexes entered into before this subsection comes into force, subsection (2) is subject to—aany provision to the contrary made by or under any enactment,bregulations under subsection (3B).3BThe Scottish Ministers may by regulations provide for subsection (2)—ato have effect subject to provision made by the regulations, orbnot to apply in cases specified in the regulations.3CRegulations under subsection (3B)—amay include consequential, supplementary, incidental, transitional, transitory or saving provision,bare subject to the negative procedure.4But if—abefore this section comes into force, a dissolution or annulment of the overseas relationship was obtained outside the United Kingdom, andbthe dissolution or annulment would be recognised under Chapter 3 if the overseas relationship had been treated as a civil partnership at the time of the dissolution or annulment,subsection (3) does not apply and subsections (1) and (2) have effect subject to subsection (5).5The overseas relationship is not to be treated as having been a civil partnership for the purposes of any provisions except—aSchedules 7, 11 and 17 (financial relief in United Kingdom after dissolution or annulment obtained outside the United Kingdom);bsuch provisions as are specified (with or without modifications) in an order under section 259;cChapter 3 (so far as necessary for the purposes of paragraphs (a) and (b)).5AIn the case of a relationship that is—aan overseas relationship treated as a civil partnership for the purposes of this Act only as a result of the amendments made by the Civil Partnership (Opposite-sex Couples) Regulations 2019 (“the 2019 Regulations”), andbregistered (under the relevant law) as having been entered into before the 2019 Regulations come into force,subsection (5B) or (as the case may be) subsections (5C) and (5D) apply in place of subsections (3) to (5).5BThe time when the two people are treated as having formed a civil partnership is the time when the 2019 Regulations come into force.5CBut if—abefore the 2019 Regulations come into force, a dissolution or annulment of the overseas relationship was obtained outside the United Kingdom, andbthe dissolution or annulment would be recognised under Chapter 3 if the overseas relationship had been treated as a civil partnership at the time of the dissolution or annulment,subsection (5B) does not apply and subsections (1) and (2) have effect subject to subsection (5D).5DThe overseas relationship is not to be treated as having been a civil partnership for the purposes of any provision except—aSchedules 7, 11 and 17 (financial relief in United Kingdom after dissolution or annulment obtained outside the United Kingdom);bsuch provisions as are specified (with or without modifications) in regulations under section 2 or 5 of the Civil Partnerships, Marriages and Deaths (Registration etc) Act 2019;cChapter 3 (so far as necessary for the purposes of paragraphs (a) and (b)).5EIn the case of a relationship that is—aan overseas relationship treated as a civil partnership for the purposes of this Act only as a result of the amendments made by the Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019, andbregistered (under the relevant law) as having been entered into before 13 January 2020,subsection (5F) or (as the case may be) subsections (5G) and (5H) apply in place of subsections (3) to (5).5FThe time when the two people are treated as having formed a civil partnership is the start of 13 January 2020.5GBut if—abefore 13 January 2020, a dissolution or annulment of the relationship was obtained outside the United Kingdom, andbthe dissolution or annulment would be recognised under Chapter 3 if the overseas relationship had been treated as a civil partnership at the time of the dissolution or annulment,subsection (5F) does not apply and subsections (1) and (2) have effect subject to subsection (5H).5HThe overseas relationship is not to be treated as having been a civil partnership for the purposes of any provision except—aSchedules 7, 11 and 17;bsuch provisions as are specified (with or without modifications) in regulations under section 8 of the Northern Ireland (Executive Formation etc) Act 2019;cChapter 3 (so far as necessary for the purposes of paragraphs (a) and (b)).6This section is subject to sections ... 217 and 218.The same-sex requirement216. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Person domiciled in a part of the United Kingdom2171Subsection (2) applies if an overseas relationship has been registered by a person who was at the time mentioned in section 215(2) domiciled in England and Wales.2The two people concerned are not to be treated as having formed a civil partnership if, at the time mentioned in section 215(2)—aeither of them was under 18, orbthey would have been within prohibited degrees of relationship under Part 1 of Schedule 1 if they had been registering as civil partners of each other in England and Wales.3Subsection (4) applies if an overseas relationship has been registered by a person who at the time mentioned in section 215(2) was domiciled in Scotland.4The two people concerned are not to be treated as having formed a civil partnership if, at the time mentioned in section 215(2), they were not eligible by virtue of paragraph (b), (c) or (e) of section 86(1) to register in Scotland as civil partners of each other.5Subsection (6) applies if an overseas relationship has been registered by a person who at the time mentioned in section 215(2) was domiciled in Northern Ireland.6The two people concerned are not to be treated as having formed a civil partnership if, at the time mentioned in section 215(2)—aeither of them was under 16, orbthey would have been within prohibited degrees of relationship under Schedule 12 if they had been registering as civil partners of each other in Northern Ireland.The public policy exception218Two people are not to be treated as having formed a civil partnership as a result of having entered into an overseas relationship if it would be manifestly contrary to public policy to recognise the capacity, under the relevant law, of one or both of them to enter into the relationship.Chapter 3Dissolution etc.: jurisdiction and recognition<Emphasis>Introduction</Emphasis>Power to make provision <Repeal ChangeId="key-e488e5c430f768b5f6d50dac056554ef-1630944822582" CommentaryRef="key-e488e5c430f768b5f6d50dac056554ef" RetainText="true" SubstitutionRef="key-e488e5c430f768b5f6d50dac056554ef-1630944822583">corresponding to EC Regulation 2201/2003</Repeal> <Addition ChangeId="key-e488e5c430f768b5f6d50dac056554ef-1630944822583" CommentaryRef="key-e488e5c430f768b5f6d50dac056554ef">as to jurisdiction in relation to civil partnerships</Addition> 2191The Lord Chancellor may by regulations make provision—aas to the jurisdiction of courts in England and Wales ... in proceedings for the dissolution or annulment of a civil partnership or for legal separation of the civil partners in cases where a civil partner—iis or has been habitually resident in England and Wales, orii. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .iiiis domiciled in England and Wales, ...b. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1AThe Department of Justice in Northern Ireland may by regulations make provision—aas to the jurisdiction of courts in Northern Ireland in proceedings for the dissolution or annulment of a civil partnership or for legal separation of the civil partners in cases where a civil partner—iis or has been habitually resident in Northern Ireland, oriiis domiciled in Northern Ireland.b. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2The Scottish Ministers may by regulations make provision—aas to the jurisdiction of courts in Scotland in proceedings for the dissolution or annulment of a civil partnership or for legal separation of the civil partners in such cases as are mentioned in subsection (1)(a), andbas to the recognition in Scotland of any such judgment as is mentioned in subsection (1)(b).3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6Regulations under subsection (1) are to be made by statutory instrument and may only be made if a draft has been laid before and approved by resolution of each House of Parliament.6ARegulations under subsection (1A) are to be made by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979.6BNo regulations shall be made under subsection (1A) unless a draft has been laid before and approved by resolution of the Northern Ireland Assembly.6CSection 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of subsection (6B) in relation to the laying of a draft as it applies in relation to the laying of a statutory document under an enactment.7Regulations under subsection (2) are to be made by statutory instrument and may only be made if a draft has been laid before and approved by resolution of the Scottish Parliament.8In this Part “section 219 regulations” means regulations made under this section.<Emphasis>Jurisdiction of courts in England and Wales</Emphasis>Meaning of “the court”220In sections 221 to 224 “the court” means—athe High Court, orbthe family court.Proceedings for dissolution, separation or nullity order2211The court has jurisdiction to entertain proceedings for a dissolution order or a separation order if (and only if)—athe court has jurisdiction under section 219 regulations,bno court has, or is recognised as having, jurisdiction under section 219 regulations and either civil partner is domiciled in England and Wales on the date when the proceedings are begun, orcthe following conditions are met—ithe two people concerned registered as civil partners of each other in England or Wales,iino court has, or is recognised as having, jurisdiction under section 219 regulations, andiiiit appears to the court to be in the interests of justice to assume jurisdiction in the case.2The court has jurisdiction to entertain proceedings for a nullity order if (and only if)—athe court has jurisdiction under section 219 regulations,bno court has, or is recognised as having, jurisdiction under section 219 regulations and either civil partner—iis domiciled in England and Wales on the date when the proceedings are begun, oriidied before that date and either was at death domiciled in England and Wales or had been habitually resident in England and Wales throughout the period of 1 year ending with the date of death, orcthe following conditions are met—ithe two people concerned registered as civil partners of each other in England or Wales,iino court has, or is recognised as having, jurisdiction under section 219 regulations, andiiiit appears to the court to be in the interests of justice to assume jurisdiction in the case.3At any time when proceedings are pending in respect of which the court has jurisdiction by virtue of subsection (1) or (2) (or this subsection), the court also has jurisdiction to entertain other proceedings, in respect of the same civil partnership, for a dissolution, separation or nullity order, even though that jurisdiction would not be exercisable under subsection (1) or (2).Proceedings for presumption of death order222The court has jurisdiction to entertain proceedings for a presumption of death order on an application made by a civil partner if (and only if)—a. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .b. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .baat the time the application is made, the High Court does not have jurisdiction to entertain an application by that civil partner under section 1 of the Presumption of Death Act 2013 for a declaration that the other civil partner is presumed to be dead, andcthe two people concerned registered as civil partners of each other in England and Wales and it appears to the court to be in the interests of justice to assume jurisdiction in the case.Proceedings for dissolution, nullity or separation order: supplementary2231Rules of court may make provision in relation to civil partnerships corresponding to the provision made in relation to marriages by Schedule 1 to the Domicile and Matrimonial Proceedings Act 1973 (c. 45).2The rules may in particular make provision—afor the provision of information by applicants and respondents in proceedings for dissolution, nullity or separation orders where proceedings relating to the same civil partnership are continuing in another jurisdiction, andbfor proceedings before the court to be stayed by the court where there are concurrent proceedings elsewhere in respect of the same civil partnership.Applications for declarations as to validity etc.224The court has jurisdiction to entertain an application under section 58 if (and only if)—aeither of the civil partners in the civil partnership to which the application relates—iis domiciled in England and Wales on the date of the application,iihas been habitually resident in England and Wales throughout the period of 1 year ending with that date, oriiidied before that date and either was at death domiciled in England and Wales or had been habitually resident in England and Wales throughout the period of 1 year ending with the date of death, orbthe two people concerned registered as civil partners of each other in England and Wales and it appears to the court to be in the interests of justice to assume jurisdiction in the case.<Emphasis>Jurisdiction of Scottish courts</Emphasis>Jurisdiction of Scottish courts2251The Court of Session has jurisdiction to entertain an action for the dissolution of a civil partnership or for separation of civil partners if (and only if) either civil partner—ais domiciled in Scotland on the date when proceedings are begun, orbwas habitually resident in Scotland throughout the period of one year ending with that date, orcthe following conditions are met—ithe two people concerned registered as civil partners of each other in Scotland,iino court has, or is recognised as having, jurisdiction ..., andiiiit appears to the court to be in the interests of justice to assume jurisdiction in the case.2The sheriff has jurisdiction to entertain an action for the dissolution of a civil partnership or for separation of civil partners if (and only if) the requirements of paragraph (a) or (b) of subsection (1) are met and either civil partner—awas resident in the sheriffdom for a period of 40 days ending with the date when the action is begun, orbhad been resident in the sheriffdom for a period of not less than 40 days ending not more than 40 days before that date and has no known residence in Scotland at that date.3The Court of Session has jurisdiction to entertain an action for declarator of nullity of a civil partnership if (and only if)—aeither of the ostensible civil partners—iis domiciled in Scotland on the date when the proceedings are begun or was habitually resident in Scotland throughout the period of one year ending with that date, oriidied before that date and either was at death domiciled in Scotland or had been habitually resident in Scotland throughout the period of one year ending with the date of death, orcthe following conditions are met—ithe two people concerned registered as civil partners of each other in Scotland,iino court has, or is recognised as having, jurisdiction ..., andiiiit appears to the court to be in the interests of justice to assume jurisdiction in the case.3AThe sheriff has jurisdiction to entertain an action for declarator of nullity of a civil partnership if (and only if)—athe requirements as to domicile or habitual residence that would apply were the action to have been begun in the Court of Session under subsection (3) (other than paragraph (c)) are met, andbeither of the ostensible civil partners—iwas resident in the sheriffdom for a period of 40 days ending with the date when the action is begun, oriihad been resident in the sheriffdom for a period of not less than 40 days ending not more than 40 days before that date and has no known residence in Scotland at that date.4At any time when proceedings are pending in respect of which a court has jurisdiction by virtue of any of subsections (1) to (3A) (or this subsection) it also has jurisdiction to entertain other proceedings, in respect of the same civil partnership (or ostensible civil partnership), for dissolution, separation or ... declarator of nullity, even though that jurisdiction would not be exercisable under any of subsections (1) to (3A).Sisting of proceedings2261Rules of court may make provision in relation to civil partnerships corresponding to the provision made in relation to marriages by Schedule 3 to the Domicile and Matrimonial Proceedings Act 1973 (c. 45) (sisting of Scottish consistorial actions).2The rules may in particular make provision—afor the provision of information by the pursuer and by any other person who has entered appearance in an action where proceedings relating to the same civil partnership (or ostensible civil partnership) are continuing in another jurisdiction, andbfor an action to be sisted where there are concurrent proceedings elsewhere in respect of the same civil partnership (or ostensible civil partnership).Scottish ancillary and collateral orders2271This section applies where after the commencement of this Act an application is competently made to the Court of Session or the sheriff for the making, or the variation or recall, of an order which is ancillary or collateral to an action for—athe dissolution of a civil partnership,bthe separation of civil partners, orcdeclarator of nullity of a civil partnership.2And the section applies whether the application is made in the same proceedings or in other proceedings and whether it is made before or after the pronouncement of a final decree in the action.3 If the court has or, as the case may be, had jurisdiction to entertain the action, it has jurisdiction to entertain the application. This subsection is subject to subsection (3B).3A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3BIf the application or part of it relates to a matter in relation to which Article 18 of the 2007 Hague Convention applies, the court may not entertain the application or that part it except where permitted by Article18.4Where the Court of Session has jurisdiction by virtue of this section to entertain an application for the variation or recall, as respects any person, of an order made by it and the order is one to which section 8 (variation and recall by the sheriff of certain orders made by the Court of Session) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1966 (c. 19) applies, then for the purposes of any application under that section for the variation or recall of the order in so far as it relates to the person, the sheriff (as defined in that section) has jurisdiction to exercise the power conferred on him by that section.5The reference in subsection (1) to an order which is ancillary or collateral is to an order relating to children, aliment, financial provision or expenses.6In this section “the 2007 Hague Convention” means the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance concluded on 23 November 2007 at The Hague.<Emphasis>Jurisdiction of courts in Northern Ireland</Emphasis>Meaning of “the court”228In sections 229 to 232 “the court” has the meaning given by section 188.Proceedings for dissolution, separation or nullity order2291The court has jurisdiction to entertain proceedings for a dissolution order or a separation order if (and only if)—athe court has jurisdiction under section 219 regulations,bno court has, or is recognised as having, jurisdiction under section 219 regulations and either civil partner is domiciled in Northern Ireland on the date when the proceedings are begun, orcthe following conditions are met—ithe two people concerned registered as civil partners of each other in Northern Ireland,iino court has, or is recognised as having, jurisdiction under section 219 regulations, andiiiit appears to the court to be in the interests of justice to assume jurisdiction in the case.2The court has jurisdiction to entertain proceedings for a nullity order if (and only if)—athe court has jurisdiction under section 219 regulations,bno court has, or is recognised as having, jurisdiction under section 219 regulations and either civil partner—iis domiciled in Northern Ireland on the date when the proceedings are begun, oriidied before that date and either was at death domiciled in Northern Ireland or had been habitually resident in Northern Ireland throughout the period of 1 year ending with the date of death, orcthe following conditions are met—ithe two people concerned registered as civil partners of each other in Northern Ireland,iino court has, or is recognised as having, jurisdiction under section 219 regulations, andiiiit appears to the court to be in the interests of justice to assume jurisdiction in the case.3At any time when proceedings are pending in respect of which the court has jurisdiction by virtue of subsection (1) or (2) (or this subsection), the court also has jurisdiction to entertain other proceedings, in respect of the same civil partnership, for a dissolution, separation or nullity order, even though that jurisdiction would not be exercisable under subsection (1) or (2).. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .230. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Proceedings for dissolution, nullity or separation order: supplementary2311Rules of court may make provision in relation to civil partnerships corresponding to the provision made in relation to marriages by Schedule 1 to the Matrimonial Causes (Northern Ireland) Order 1978 (S.I. 1978/1045 (N.I. 15)).2The rules may in particular make provision—afor the provision of information by applicants and respondents in proceedings for dissolution, nullity or separation orders where proceedings relating to the same civil partnership are continuing in another jurisdiction, andbfor proceedings before the court to be stayed by the court where there are concurrent proceedings elsewhere in respect of the same civil partnership.Applications for declarations as to validity etc.232The court has jurisdiction to entertain an application under section 181 if (and only if)—aeither of the civil partners in the civil partnership to which the application relates—iis domiciled in Northern Ireland on the date of the application,iihas been habitually resident in Northern Ireland throughout the period of 1 year ending with that date, oriiidied before that date and either was at death domiciled in Northern Ireland or had been habitually resident in Northern Ireland throughout the period of 1 year ending with the date of death, orbthe two people concerned registered as civil partners of each other in Northern Ireland and it appears to the court to be in the interests of justice to assume jurisdiction in the case.<Emphasis>Recognition of dissolution, annulment and separation</Emphasis>Effect of dissolution, annulment or separation obtained in the UK2331No dissolution or annulment of a civil partnership obtained in one part of the United Kingdom is effective in any part of the United Kingdom unless obtained from a court of civil jurisdiction.2Subject to subsections (3) and (4), the validity of a dissolution or annulment of a civil partnership or a legal separation of civil partners which has been obtained from a court of civil jurisdiction in one part of the United Kingdom is to be recognised throughout the United Kingdom.3Recognition of the validity of a dissolution, annulment or legal separation obtained from a court of civil jurisdiction in one part of the United Kingdom may be refused in any other part if the dissolution, annulment or separation was obtained at a time when it was irreconcilable with a decision determining the question of the subsistence or validity of the civil partnership—apreviously given by a court of civil jurisdiction in the other part, orbpreviously given by a court elsewhere and recognised or entitled to be recognised in the other part.4Recognition of the validity of a dissolution or legal separation obtained from a court of civil jurisdiction in one part of the United Kingdom may be refused in any other part if the dissolution or separation was obtained at a time when, according to the law of the other part, there was no subsisting civil partnership.Recognition in the UK of overseas dissolution, annulment or separation2341The validity of an overseas dissolution, annulment or legal separation is to be recognised in the United Kingdom Scotland if, and only if, it is entitled to recognition by virtue of sections 235 to 237.2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3For the purposes of subsection (1) and sections 235 to 237, an overseas dissolution, annulment or legal separation is a dissolution or annulment of a civil partnership or a legal separation of civil partners which has been obtained outside the United Kingdom (whether before or after this section comes into force).Grounds for recognition2351The validity of an overseas dissolution, annulment or legal separation obtained by means of proceedings is to be recognised if—athe dissolution, annulment or legal separation is effective under the law of the country in which it was obtained, andbat the relevant date either civil partner—iwas habitually resident in the country in which the dissolution, annulment or legal separation was obtained,iiwas domiciled in that country, oriiiwas a national of that country.2The validity of an overseas dissolution, annulment or legal separation obtained otherwise than by means of proceedings is to be recognised if—athe dissolution, annulment or legal separation is effective under the law of the country in which it was obtained,bat the relevant date—ieach civil partner was domiciled in that country, oriieither civil partner was domiciled in that country and the other was domiciled in a country under whose law the dissolution, annulment or legal separation is recognised as valid, andcneither civil partner was habitually resident in the United Kingdom throughout the period of 1 year immediately preceding that date.3In this section “the relevant date” means—ain the case of an overseas dissolution, annulment or legal separation obtained by means of proceedings, the date of the commencement of the proceedings;bin the case of an overseas dissolution, annulment or legal separation obtained otherwise than by means of proceedings, the date on which it was obtained.3AIn this section references to “the relevant sort of relationship” are to the sort of relationship that the civil partnership in question is, and include—ain the case of a relationship between two persons who are of the same sex under the relevant law, reference to that sort of relationship whether generally or between two persons of the same sex;bin the case of a relationship between two persons who are of the opposite sex under the relevant law, reference to that sort of relationship whether generally or between two persons of the opposite sex.3BIn subsection (3A), “the relevant law” means the law in relation to which the question of recognition arises under subsection (1A)(c) or (as the case may be) (2A)(b).4Where in the case of an overseas annulment the relevant date fell after the death of either civil partner, any reference in subsection (1) or (2) to that date is to be read in relation to that civil partner as a reference to the date of death.Refusal of recognition2361Recognition of the validity of an overseas dissolution, annulment or legal separation may be refused in any part of the United Kingdom if the dissolution, annulment or separation was obtained at a time when it was irreconcilable with a decision determining the question of the subsistence or validity of the civil partnership—apreviously given by a court of civil jurisdiction in that part of the United Kingdom, orbpreviously given by a court elsewhere and recognised or entitled to be recognised in that part of the United Kingdom.2Recognition of the validity of an overseas dissolution or legal separation may be refused in any part of the United Kingdom if the dissolution or separation was obtained at a time when, according to the law of that part of the United Kingdom, there was no subsisting civil partnership.3Recognition of the validity of an overseas dissolution, annulment or legal separation may be refused if—ain the case of a dissolution, annulment or legal separation obtained by means of proceedings, it was obtained—iwithout such steps having been taken for giving notice of the proceedings to a civil partner as, having regard to the nature of the proceedings and all the circumstances, should reasonably have been taken, oriiwithout a civil partner having been given (for any reason other than lack of notice) such opportunity to take part in the proceedings as, having regard to those matters, he should reasonably have been given, orbin the case of a dissolution, annulment or legal separation obtained otherwise than by means of proceedings—ithere is no official document certifying that the dissolution, annulment or legal separation is effective under the law of the country in which it was obtained, oriiwhere either civil partner was domiciled in another country at the relevant date, there is no official document certifying that the dissolution, annulment or legal separation is recognised as valid under the law of that other country, orcin either case, recognition of the dissolution, annulment or legal separation would be manifestly contrary to public policy.4In this section—“official”, in relation to a document certifying that a dissolution, annulment or legal separation is effective, or is recognised as valid, under the law of any country, means issued by a person or body appointed or recognised for the purpose under that law;“the relevant date” has the same meaning as in section 235.Supplementary provisions relating to recognition of dissolution etc.2371For the purposes of sections 235 and 236, a civil partner is to be treated as domiciled in a country if he was domiciled in that country—aaccording to the law of that country in family matters, orbaccording to the law of the part of the United Kingdom in which the question of recognition arises.2The Lord Chancellor , the Department of Justice in Northern Ireland or the Scottish Ministers may by regulations make provision—aapplying sections 235 and 236 and subsection (1) with modifications in relation to any country whose territories have different systems of law in force in matters of dissolution, annulment or legal separation;bapplying sections 235 and 236 with modifications in relation to—ian overseas dissolution, annulment or legal separation in the case of an overseas relationship (or an apparent or alleged overseas relationship);iiany case where a civil partner is domiciled in a country or territory whose law does not recognise relationships of the sort that the civil partnership in question is (whether generally, between two persons of the same sex, or between two persons of the opposite sex);cwith respect to recognition of the validity of an overseas dissolution, annulment or legal separation in cases where there are cross-proceedings;dwith respect to cases where a legal separation is converted under the law of the country or territory in which it is obtained into a dissolution which is effective under the law of that country or territory;ewith respect to proof of findings of fact made in proceedings in any country or territory outside the United Kingdom.3The power of the Lord Chancellor or the Scottish Ministers to make regulations under subsection (2) is exercisable by statutory instrument.4A statutory instrument containing such regulations—aif made by the Lord Chancellor, is subject to annulment in pursuance of a resolution of either House of Parliament;bif made by the Scottish Ministers, is subject to annulment in pursuance of a resolution of the Scottish Parliament.4AThe power of the Department of Justice in Northern Ireland to make regulations under subsection (2) is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979.4BRegulations made by the Department of Justice under subsection (2) are subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954.5In this section (except subsection (4)) and sections 233 to 236 and 238—“annulment” includes any order annulling a civil partnership, however expressed;“part of the United Kingdom” means England and Wales, Scotland or Northern Ireland;“proceedings” means judicial or other proceedings.6Nothing in this Chapter is to be read as requiring the recognition of any finding of fault made in proceedings for dissolution, annulment or legal separation or of any maintenance, custody or other ancillary order made in any such proceedings.Non-recognition elsewhere of dissolution or annulment2381This section applies where, in any part of the United Kingdom—aa dissolution or annulment of a civil partnership has been granted by a court of civil jurisdiction, orbthe validity of a dissolution or annulment of a civil partnership is recognised by virtue of this Chapter.2The fact that the dissolution or annulment would not be recognised outside the United Kingdom does not—apreclude either party from forming a subsequent civil partnership or marriage in that part of the United Kingdom, orbcause the subsequent civil partnership or marriage of either party (wherever it takes place) to be treated as invalid in that part.Chapter 4Miscellaneous and supplementaryCommanding officers' certificates for Part 2 purposes2391Her Majesty may by Order in Council make provision in relation to cases where—atwo people wish to register as civil partners of each other in England and Wales (under Chapter 1 of Part 2), andbone of them (“A”) is an officer, seaman or marine borne on the books of one of Her Majesty's ships at sea and the other is resident in England and Wales,for the issue to A, by the captain or other officer in command of the ship, of a certificate of no impediment.2The Order may provide for the issue of the certificate to be subject to the giving of such notice and the making of such declarations as may be prescribed.3A certificate of no impediment is a certificate that no legal impediment to the formation of the civil partnership has been shown to the . . . officer issuing the certificate to exist.4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Certificates of no impediment to overseas relationships2401Her Majesty may by Order in Council make provision for the issue of certificates of no impediment to—aUnited Kingdom nationals, andbsuch other persons falling within subsection (2) as may be prescribed,who wish to enter into overseas relationships in prescribed countries or territories outside the United Kingdom with persons who are not United Kingdom nationals and who do not fall within subsection (2).2A person falls within this subsection if under any enactment for the time being in force in any country mentioned in Schedule 3 to the British Nationality Act 1981 (c. 61) (Commonwealth countries) that person is a citizen of that country.3A certificate of no impediment is a certificate that, after proper notices have been given, no legal impediment to the recipient entering into the overseas relationship has been shown to the person issuing the certificate to exist.Transmission of certificates of registration of overseas relationships2411Her Majesty may by Order in Council provide—afor the transmission to the Registrar General, by such persons or in such manner as may be prescribed, of certificates of the registration of overseas relationships entered into by United Kingdom nationals in prescribed countries or territories outside the United Kingdom,bfor the issue by the Registrar General of a certified copy of such a certificate received by him, andcfor such certified copies to be received in evidence.2“The Registrar General” means—ain relation to England and Wales, the Registrar General for England and Wales,bin relation to Scotland, the Registrar General of Births, Deaths and Marriages for Scotland, andcin relation to Northern Ireland, the Registrar General for Northern Ireland.Power to make provision relating to certain Commonwealth forces2421This section applies if it appears to Her Majesty that any law in force in Canada, the Commonwealth of Australia or New Zealand (or in a territory of either of the former two countries) makes, in relation to forces raised there, provision similar to that made by section 211 (registration by armed forces personnel).2Her Majesty may by Order in Council make provision for securing that the law in question has effect as part of the law of the United Kingdom.Fees2431The power to make an order under section 34(1) (fees) includes power to make an order prescribing fees in respect of anything which, by virtue of an Order in Council under this Part, is required to be done by registration authorities in England and Wales or by or on behalf of the Registrar General for England and Wales.2Regulations made by the Registrar General of Births, Deaths and Marriages for Scotland may prescribe fees in respect of anything which, by virtue of an Order in Council under this Part, is required to be done by him or on his behalf.3Subsections (3) and (4) of section 126 apply to regulations made under subsection (2) as they apply to regulations under Part 3.4The power to make an order under section 157(1) includes power to make an order prescribing fees in respect of anything which, by virtue of an Order in Council under this Part, is required to be done by or on behalf of the Registrar General for Northern Ireland.Orders in Council: supplementary2441An Order in Council under section 210, 211, 239, 240, 241 or 242 may make—adifferent provision for different cases, andbsuch supplementary, incidental, consequential, transitional, transitory or saving provision as appears to Her Majesty to be appropriate.2The provision that may be made by virtue of subsection (1)(b) includes in particular provision corresponding to or applying with modifications any provision made by or under—athis Act, orbany Act relating to marriage outside the United Kingdom.3A statutory instrument containing an Order in Council under section 210, 211, 239, 240, 241 or 242 is subject to annulment in pursuance of a resolution of either House of Parliament.4Subsection (3) applies whether or not the Order also contains other provisions made by Order in Council under—the Foreign Marriage Act 1892 (c. 23),section 3 of the Foreign Marriage Act 1947 (c. 33), orsection 39 of the Marriage Act 1949 (c. 76).5In sections 210, 211, 239, 240 and 241 “prescribed” means prescribed by an Order in Council under the section in question.Interpretation2451In this Part “United Kingdom national” means a person who is—aa British citizen, a British overseas territories citizen, a British Overseas citizen or a British National (Overseas),ba British subject under the British Nationality Act 1981 (c. 61), orca British protected person, within the meaning of that Act.2In this Part “Her Majesty’s forces” has the same meaning as in the Armed Forces Act 2006. Part 6 Relationships arising through civil partnershipInterpretation of statutory references to stepchildren etc.2461In any provision to which this section applies, references to a stepchild or step-parent of a person (here, “A”), and cognate expressions, are to be read as follows—A’s stepchild includes a person who is the child of A’s civil partner (but is not A’s child);A’s step-parent includes a person who is the civil partner of A’s parent (but is not A’s parent);A’s stepdaughter includes a person who is the daughter of A’s civil partner (but is not A’s daughter);A’s stepson includes a person who is the son of A’s civil partner (but is not A’s son);A’s stepfather includes a person who is the civil partner of A’s father (but is not A’s parent);A’s stepmother includes a person who is the civil partner of A’s mother (but is not A’s parent);A’s stepbrother includes a person who is the son of the civil partner of A’s parent (but is not the son of either of A’s parents);A’s stepsister includes a person who is the daughter of the civil partner of A’s parent (but is not the daughter of either of A’s parents).2For the purposes of any provision to which this section applies—“brother-in-law” includes civil partner’s brother,“daughter-in-law” includes daughter’s civil partner,“father-in-law” includes civil partner’s father,“mother-in-law” includes civil partner’s mother,“parent-in-law” includes civil partner’s parent,“sister-in-law” includes civil partner’s sister, and“son-in-law” includes son’s civil partner.Provisions to which section 246 applies: Acts of Parliament etc.2471Section 246 applies to—aany provision listed in Schedule 21 (references to stepchildren, in-laws etc. in existing Acts),bexcept in so far as otherwise provided, any provision made by a future Act, andcexcept in so far as otherwise provided, any provision made by future subordinate legislation.2A Minister of the Crown may by order—aamend Schedule 21 by adding to it any provision of an existing Act;bprovide for section 246 to apply to prescribed provisions of existing subordinate legislation.3The power conferred by subsection (2) is also exercisable—aby the Scottish Ministers, in relation to a relevant Scottish provision;bby a Northern Ireland department, in relation to a provision which deals with a transferred matter;cby the National Assembly for Wales, if the order is made by virtue of subsection (2)(b) and deals with matters with respect to which functions are exercisable by the Assembly.4Subject to subsection (5), the power to make an order under subsection (2) is exercisable by statutory instrument.5Any power of a Northern Ireland department to make an order under subsection (2) is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).6A statutory instrument containing an order under subsection (2) made by a Minister of the Crown is subject to annulment in pursuance of a resolution of either House of Parliament.7A statutory instrument containing an order under subsection (2) made by the Scottish Ministers is subject to annulment in pursuance of a resolution of the Scottish Parliament.8A statutory rule containing an order under subsection (2) made by a Northern Ireland department is subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.))).9In this section—“Act” includes an Act of the Scottish Parliament;“existing Act” means an Act passed on or before the last day of the Session in which this Act is passed;“existing subordinate legislation” means subordinate legislation made before the day on which this section comes into force;“future Act” means an Act passed after the last day of the Session in which this Act is passed;“future subordinate legislation” means subordinate legislation made on or after the day on which this section comes into force;“Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975 (c. 26);“prescribed” means prescribed by the order;“relevant Scottish provision” means a provision that would be within the legislative competence of the Scottish Parliament if it were included in an Act of that Parliament;“subordinate legislation” has the same meaning as in the Interpretation Act 1978 (c. 30) except that it includes an instrument made under an Act of the Scottish Parliament;“transferred matter” has the meaning given by section 4(1) of the Northern Ireland Act 1998 (c. 47) and “deals with” in relation to a transferred matter is to be construed in accordance with section 98(2) and (3) of the 1998 Act.Provisions to which section 246 applies: Northern Ireland2481Section 246 applies to—aany provision listed in Schedule 22 (references to stepchildren, etc. in Northern Ireland legislation),bexcept in so far as otherwise provided, any provision made by any future Northern Ireland legislation, andcexcept in so far as otherwise provided, any provision made by any future subordinate legislation.2The Department of Finance and Personnel may by order—aamend Schedule 22 by adding to it any provision of existing Northern Ireland legislation;bprovide for section 246 to apply to prescribed provisions of existing subordinate legislation.3The power to make an order under subsection (2) is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).4An order under subsection (2) is subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 (1954 c. 33 (N.I.))).5In this section—“existing Northern Ireland legislation” means Northern Ireland legislation passed or made on or before the last day of the Session in which this Act is passed;“existing subordinate legislation” means subordinate legislation made before the day on which this section comes into force;“future Northern Ireland legislation” means Northern Ireland legislation passed or made after the last day of the Session in which this Act is passed;“future subordinate legislation” means subordinate legislation made on or after the day on which this section comes into force;“prescribed” means prescribed by the order;“subordinate legislation” means any instrument (within the meaning of section 1(c) of the Interpretation Act (Northern Ireland) 1954 (1954 c. 33 (N.I.))). Part 7 MiscellaneousImmigration control and formation of civil partnerships249Schedule 23 contains provisions relating to the formation of civil partnerships in the United Kingdom by persons subject to immigration control.Gender recognition where applicant a civil partner2501Amend the Gender Recognition Act 2004 (c. 7) as follows.2In—asection 3 (evidence), in subsection (6)(a), andbsection 4 (successful applications), in subsections (2) and (3),after “is married” insert “ or a civil partner ”.3In section 5 (subsequent issue of full certificates)—ain subsection (2), after “is again married” insert “ or is a civil partner ”,bin subsection (6)(a), for “is not married” substitute “ is neither married nor a civil partner ”, andcfor the heading substitute “ Issue of full certificates where applicant has been married ”.4After section 5 insert—Issue of full certificates where applicant has been a civil partner5A1A court which—amakes final a nullity order made on the ground that an interim gender recognition certificate has been issued to a civil partner, orb(in Scotland) grants a decree of dissolution on that ground,must, on doing so, issue a full gender recognition certificate to that civil partner and send a copy to the Secretary of State.2If an interim gender recognition certificate has been issued to a person and either—athe person’s civil partnership is dissolved or annulled (otherwise than on the ground mentioned in subsection (1)) in proceedings instituted during the period of six months beginning with the day on which it was issued, orbthe person’s civil partner dies within that period,the person may make an application for a full gender recognition certificate at any time within the period specified in subsection (3) (unless the person is again a civil partner or is married).3That period is the period of six months beginning with the day on which the civil partnership is dissolved or annulled or the death occurs.4An application under subsection (2) must include evidence of the dissolution or annulment of the civil partnership and the date on which proceedings for it were instituted, or of the death of the civil partner and the date on which it occurred.5An application under subsection (2) is to be determined by a Gender Recognition Panel.6The Panel—amust grant the application if satisfied that the applicant is neither a civil partner nor married, andbotherwise must reject it.7If the Panel grants the application it must issue a full gender recognition certificate to the applicant.5In—asection 7 (applications: supplementary), in subsection (1),bsection 8 (appeals etc.), in subsections (1) and (5), andcsection 22 (prohibition on disclosure of information), in subsection (2)(a),after “5(2)” insert “ , 5A(2) ”.6In section 21 (foreign gender change and marriage), in subsection (4), after “entered into a later (valid) marriage” insert “ or civil partnership ”.7In section 25 (interpretation), in the definition of “full gender recognition certificate” and “interim gender recognition certificate”, for “or 5” substitute “ , 5 or 5A ”.8In Schedule 1 (Gender Recognition Panels), in paragraph 5, after “5(2)” insert “ , 5A(2) ”.9In Schedule 3 (registration), in paragraphs 9(1), 19(1) and 29(1), for “or 5(2)” substitute “ , 5(2) or 5A(2) ”.Discrimination against civil partners in employment field2511Amend the Sex Discrimination Act 1975 (c. 65) as follows.2For section 3 (discrimination against married persons in employment field) substitute—Discrimination against married persons and civil partners in employment field31In any circumstances relevant for the purposes of any provision of Part 2, a person discriminates against a person (“A”) who fulfils the condition in subsection (2) if—aon the ground of the fulfilment of the condition, he treats A less favourably than he treats or would treat a person who does not fulfil the condition, orbhe applies to A a provision, criterion or practice which he applies or would apply equally to a person who does not fulfil the condition, but—iwhich puts or would put persons fulfilling the condition at a particular disadvantage when compared with persons not fulfilling the condition, andiiwhich puts A at that disadvantage, andiiiwhich he cannot show to be a proportionate means of achieving a legitimate aim.2The condition is that the person is—amarried, orba civil partner.3For the purposes of subsection (1), a provision of Part 2 framed with reference to discrimination against women is to be treated as applying equally to the treatment of men, and for that purpose has effect with such modifications as are requisite.3In section 5 (interpretation), for subsection (3) substitute—3Each of the following comparisons, that is—aa comparison of the cases of persons of different sex under section 1(1) or (2),ba comparison of the cases of persons required for the purposes of section 2A, andca comparison of the cases of persons who do and who do not fulfil the condition in section 3(2),must be such that the relevant circumstances in the one case are the same, or not materially different, in the other.;and omit section 1(4).4In section 7 (exception where sex is a genuine occupational qualification), in subsection (2)(h) for “by a married couple” substitute— iby a married couple,iiby a couple who are civil partners of each other, oriiiby a married couple or a couple who are civil partners of each other.5In section 65 (remedies on complaint under section 63), in subsection (1B) for “or marital status as the case may be” substitute “ or (as the case may be) fulfilment of the condition in section 3(2) ”.Discrimination against civil partners in employment field: Northern Ireland2521Amend the Sex Discrimination (Northern Ireland) Order 1976 (S.I. 1976/1042 (N.I. 15)) as follows.2For Article 5 (discrimination against married persons in employment field) substitute—Discrimination against married persons and civil partners in employment field51In any circumstances relevant for the purposes of any provision of Part 3, a person discriminates against a person (“A”) who fulfils the condition in paragraph (2) if—aon the ground of the fulfilment of the condition, he treats A less favourably than he treats or would treat a person who does not fulfil the condition, orbhe applies to A a provision, criterion or practice which he applies or would apply equally to a person who does not fulfil the condition, but—iwhich puts or would put persons fulfilling the condition at a particular disadvantage when compared with persons not fulfilling the condition, andiiwhich puts A at that disadvantage, andiiiwhich he cannot show to be a proportionate means of achieving a legitimate aim.2The condition is that the person is—amarried, orba civil partner.3For the purposes of paragraph (1), a provision of Part 3 framed with reference to discrimination against women is to be treated as applying equally to the treatment of men, and for that purpose has effect with such modifications as are requisite.3For Article 7 (basis of comparison) substitute—Basis of comparison7Each of the following comparisons, that is—aa comparison of the cases of persons of different sex under Article 3(1) or (2),ba comparison of the cases of persons required for the purposes of Article 4A, andca comparison of the cases of persons who do and who do not fulfil the condition in Article 5(2),must be such that the relevant circumstances in the one case are the same, or not materially different, in the other.;and omit Article 3(4).4In Article 10 (exception where sex is a genuine occupational qualification), in paragraph (2)(h) for “by a married couple” substitute—iby a married couple,iiby a couple who are civil partners of each other, oriiiby a married couple or a couple who are civil partners of each other.5In Article 65 (remedies on complaint under Article 63), in paragraph (1B) for “or marital status as the case may be” substitute “ or (as the case may be) fulfilment of the condition in Article 5(2) ”.Civil partners to have unlimited insurable interest in each other2531Where two people are civil partners, each of them is to be presumed for the purposes of section 1 of the Life Assurance Act 1774 (c. 48) to have an interest in the life of the other.2For the purposes of section 3 of the 1774 Act, there is no limit on the amount of value of the interest.Social security, child support and tax credits2541Schedule 24 contains amendments relating to social security, child support and tax credits.2Subsection (3) applies in relation to any provision of any Act, Northern Ireland legislation or subordinate legislation which—arelates to social security, child support or tax credits, andbcontains references (however expressed) to persons who are living or have lived together as husband and wife.3The power under section 259 to make orders amending enactments, Northern Ireland legislation and subordinate legislation is to be treated as including power to amend the provision to refer to persons who are living or have lived together as if they were civil partners.4Subject to subsection (5), section 175(3), (5) and (6) of the Social Security Contributions and Benefits Act 1992 (c. 4) applies to the exercise of the power under section 259 in relation to social security, child support or tax credits as it applies to any power under that Act to make an order (there being disregarded for the purposes of this subsection the exceptions in section 175(3) and (5) of that Act).5Section 171(3), (5) and (6) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7) applies to the exercise by a Northern Ireland department of the power under section 259 in relation to social security and child support as it applies to any power under that Act to make an order (there being disregarded for the purposes of this subsection the exceptions in section 171(3) and (5) of that Act).6The reference in subsection (2) to an Act or Northern Ireland legislation relating to social security is to be read as including a reference to—athe Pneumoconiosis etc. (Workers' Compensation) Act 1979 (c. 41), andbthe Pneumoconiosis, etc., (Workers' Compensation) (Northern Ireland) Order 1979 (S.I. 1979/925 (N.I. 9));and the references in subsections (4) and (5) to social security are to be construed accordingly.Power to amend enactments relating to pensions2551A Minister of the Crown may by order make such amendments, repeals or revocations in any enactment, Northern Ireland legislation, subordinate legislation or Church legislation relating to pensions, allowances or gratuities as he considers appropriate for the purpose of, or in connection with, making provision with respect to pensions, allowances or gratuities for the surviving civil partners or dependants of deceased civil partners.2The power conferred by subsection (1) is also exercisable—aby the Scottish Ministers, if the provision making the amendment, repeal or revocation is a relevant Scottish provision;bby a Northern Ireland department, if the provision making the amendment, repeal or revocation deals with a transferred matter.3In the case of judicial pensions, allowances or gratuities, the power conferred by subsection (1) is exercisable—ain relation to any judicial office whose jurisdiction is exercised exclusively in relation to Scotland, by the Secretary of State, orbsubject to paragraph (a), by the Lord Chancellor.4The provision which may be made by virtue of subsection (1)—amay be the same as, or different to, the provision made with respect to widows, widowers or the dependants of persons who are not civil partners, andbmay be made with a view to ensuring that pensions, allowances or gratuities take account of rights which accrued, service which occurred or any other circumstances which existed before the passing of this Act.5The power conferred by subsection (1) is not restricted by any provision of this Act.6Before the appropriate person makes an order under subsection (1) he must consult such persons as he considers appropriate.7Subsection (6) does not apply—ato an order in the case of which the appropriate person considers that consultation is inexpedient because of urgency, orbto an order made before the end of the period of 6 months beginning with the coming into force of this section.8Subject to subsection (9), the power to make an order under subsection (1) is exercisable by statutory instrument.9Any power of a Northern Ireland department to make an order under this section is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).10An order under subsection (1) may not be made—aby a Minister of the Crown, unless a draft of the statutory instrument containing the order has been laid before, and approved by a resolution of, each House of Parliament;bby the Scottish Ministers, unless a draft of the statutory instrument containing the order has been laid before, and approved by a resolution of, the Scottish Parliament;cby a Northern Ireland department, unless a draft of the statutory rule containing the order has been laid before, and approved by a resolution of, the Northern Ireland Assembly.11In this section—“the appropriate person”, in relation to an order under this section, means the person making the order;“Church legislation” means—any Measure of the Church Assembly or of the General Synod of the Church of England, orany order, regulation or other instrument made under or by virtue of such a Measure;“enactment” includes an enactment comprised in an Act of the Scottish Parliament;“Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975 (c. 26);“relevant Scottish provision” means a provision that would be within the legislative competence of the Scottish Parliament if it were included in an Act of that Parliament;“subordinate legislation” has the same meaning as in the Interpretation Act 1978 (c. 30) except that it includes any instrument made under an Act of the Scottish Parliament and any instrument within the meaning of section 1(c) of the Interpretation Act (Northern Ireland) 1954 (1954 c. 33 (N.I.));“transferred matter” has the meaning given by section 4(1) of the Northern Ireland Act 1998 (c. 47) and “deals with” in relation to a transferred matter is to be construed in accordance with section 98(2) and (3) of the 1998 Act.Amendment of certain enactments relating to pensions256Schedule 25 amends certain enactments relating to pensions.Amendment of certain enactments relating to the armed forces257Schedule 26 amends certain enactments relating to the armed forces. Part 8 SupplementaryRegulations and orders2581This section applies to any power conferred by this Act to make regulations or an order (except a power of a court to make an order).2The power may be exercised so as to make different provision for different cases and different purposes.3The power includes power to make any supplementary, incidental, consequential, transitional, transitory or saving provision which the person making the regulations or order considers expedient.Power to make further provision in connection with civil partnership2591A Minister of the Crown may by order make such further provision (including supplementary, incidental, consequential, transitory, transitional or saving provision) as he considers appropriate—afor the general purposes, or any particular purpose, of this Act,bin consequence of any provision made by or under this Act, orcfor giving full effect to this Act or any provision of it.2The power conferred by subsection (1) is also exercisable—aby the Scottish Ministers, in relation to a relevant Scottish provision;bby a Northern Ireland department, in relation to a provision which deals with a transferred matter;cby the National Assembly for Wales, in relation to a provision which is made otherwise than by virtue of subsection (3) and deals with matters with respect to which functions are exercisable by the Assembly.3An order under subsection (1) may—aamend or repeal any enactment contained in an Act passed on or before the last day of the Session in which this Act is passed, including an enactment conferring power to make subordinate legislation where the power is limited by reference to persons who are or have been parties to a marriage;bamend, repeal or (as the case may be) revoke any provision contained in Northern Ireland legislation passed or made on or before the last day of the Session in which this Act is passed, including a provision conferring power to make subordinate legislation where the power is limited by reference to persons who are or have been parties to a marriage;camend, repeal or (as the case may be) revoke any Church legislation.4An order under subsection (1) may—aprovide for any provision of this Act which comes into force before another such provision has come into force to have effect, until that other provision has come into force, with such modifications as are specified in the order;bamend or revoke any subordinate legislation.5The power to make an order under subsection (1) is not restricted by any other provision of this Act.6Subject to subsection (7), the power to make an order under subsection (1) is exercisable by statutory instrument.7Any power of a Northern Ireland department to make an order under this section is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).8An order under subsection (1) which contains any provision (whether alone or with other provisions) made by virtue of subsection (3) may not be made—aby a Minister of the Crown, unless a draft of the statutory instrument containing the order has been laid before, and approved by a resolution of, each House of Parliament;bby the Scottish Ministers, unless a draft of the statutory instrument containing the order has been laid before, and approved by a resolution of, the Scottish Parliament;cby a Northern Ireland department, unless a draft of the statutory rule containing the order has been laid before, and approved by a resolution of, the Northern Ireland Assembly.9A statutory instrument containing an order under subsection (1) to which subsection (8) does not apply—aif made by a Minister of the Crown, is subject to annulment in pursuance of a resolution of either House of Parliament;bif made by the Scottish Ministers, is subject to annulment in pursuance of a resolution of the Scottish Parliament.10A statutory rule made by a Northern Ireland department and containing an order to which subsection (8) does not apply is subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.))).11In this section—“Act” includes an Act of the Scottish Parliament;“Church legislation” has the same meaning as in section 255;“Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975 (c. 26);“relevant Scottish provision” means a provision that would be within the legislative competence of the Scottish Parliament if it were included in an Act of that Parliament;“subordinate legislation” has the same meaning as in the Interpretation Act 1978 (c. 30) except that it includes any instrument made under an Act of the Scottish Parliament and any instrument within the meaning of section 1(c) of the Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.));“transferred matter” has the meaning given by section 4(1) of the Northern Ireland Act 1998 (c. 47) and “deals with” in relation to a transferred matter is to be construed in accordance with section 98(2) and (3) of the 1998 Act.<Substitution ChangeId="d29p18137" CommentaryRef="c21546201">EU</Substitution> obligations and civil partners2601Subsection (2) applies where any person, by Order in Council or regulations under section 2(2) of the European Communities Act 1972 (c. 68) (general implementation of Treaties)—ais making provision for the purpose of implementing, or for a purpose concerning, an EU obligation of the United Kingdom which relates to persons who are or have been parties to a marriage, orbhas made such provision and it has not been revoked.2The appropriate person may by Order in Council or (as the case may be) by regulations make provision in relation to persons who are or have been civil partners in a civil partnership that is the same or similar to the provision referred to in subsection (1).3“Marriage” and “civil partnership” include a void marriage and a void civil partnership respectively.4“The appropriate person” means—aif subsection (1)(a) applies, the person making the provision referred to there;bif subsection (1)(b) applies, any person who would have power to make the provision referred to there if it were being made at the time of the exercise of the power under subsection (2).5The following provisions apply in relation to the power conferred by subsection (2) to make an Order in Council or regulations as they apply in relation to the power conferred by section 2(2) of the 1972 Act to make an Order in Council or regulations—aparagraph 2 of Schedule 2 to the 1972 Act (procedure etc. in relation to making of Orders in Council and regulations: general);bparagraph 15(3)(c) of Schedule 8 to the Scotland Act 1998 (c. 46) (modifications of paragraph 2 in relation to Scottish Ministers and to Orders in Council made on the recommendation of the First Minister);cparagraph 3 of Schedule 2 to the 1972 Act (modifications of paragraph 2 in relation to Northern Ireland departments etc.) and the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)) (treating the power conferred by subsection (2) as conferred by an Act passed before 1st January 1974 for the purposes of the application of that Order);dsection 29(3) of the Government of Wales Act 1998 (c. 38) (modifications of paragraph 2 in relation to the National Assembly for Wales).Minor and consequential amendments, repeals and revocations2611Schedule 27 contains minor and consequential amendments.2Schedule 28 contains consequential amendments of enactments relating to Scotland.3Schedule 29 contains minor and consequential amendments relating to Northern Ireland.4Schedule 30 contains repeals and revocations.Extent2621Part 2 (civil partnership: England and Wales), excluding section 35 but including Schedules 1 to 9, extends to England and Wales only.2Part 3 (civil partnership: Scotland), including Schedules 10 and 11, extends to Scotland only.3Part 4 (civil partnership: Northern Ireland), including Schedules 12 to 19, extends to Northern Ireland only.4In Part 5 (civil partnerships formed or dissolved abroad etc.)—asections 220 to 224 extend to England and Wales only;bsections 225 to 227 extend to Scotland only;csections 228 to 232 extend to Northern Ireland only.5In Part 6—aany amendment made by virtue of section 247(1)(a) and Schedule 21 has the same extent as the provision subject to the amendment;bsection 248 and Schedule 22 extend to Northern Ireland only.6Section 251 extends to England and Wales and Scotland only.7Section 252 extends to Northern Ireland only.8Schedule 28 extends to Scotland only.9Schedule 29 extends to Northern Ireland only.10Any amendment, repeal or revocation made by Schedules 24 to 27 and 30 has the same extent as the provision subject to the amendment, repeal or revocation.Commencement2631Part 1 comes into force in accordance with provision made by order by the Secretary of State, after consulting the Scottish Ministers and the Department of Finance and Personnel.2Part 2, including Schedules 1 to 9, comes into force in accordance with provision made by order by the Secretary of State.3Part 3, including Schedules 10 and 11, comes into force in accordance with provision made by order by the Scottish Ministers, after consulting the Secretary of State.4Part 4, including Schedules 12 to 19, comes into force in accordance with provision made by order by the Department of Finance and Personnel, after consulting the Secretary of State.5Part 5, excluding section 213(2) to (6) but including Schedule 20, comes into force in accordance with provision made by order by the Secretary of State, after consulting the Scottish Ministers and the Department of Finance and Personnel.6Section 213(2) to (6) comes into force on the day on which this Act is passed.7In Part 6 —asections 246 and 247(1) and Schedule 21 come into force in accordance with provision made by order by the Secretary of State, after consulting the Scottish Ministers and the Department of Finance and Personnel,bsection 248(1) and Schedule 22 come into force in accordance with provision made by order by the Department of Finance and Personnel, after consulting the Secretary of State, andcsections 247(2) to (7) and 248(2) to (5) come into force on the day on which this Act is passed.8In Part 7—asections 249, 251, 253, 256 and 257 and Schedules 23, 25 and 26 come into force in accordance with provision made by order by the Secretary of State,bsection 250 comes into force in accordance with provision made by order by the Secretary of State, after consulting the Scottish Ministers and the Department of Finance and Personnel,csection 252 comes into force in accordance with provision made by the Department of Finance and Personnel, after consulting the Secretary of State,dsubject to paragraph (e), section 254(1) and Schedule 24 come into force in accordance with provision made by order by the Secretary of State,ethe provisions of Schedule 24 listed in subsection (9), and section 254(1) so far as relating to those provisions, come into force in accordance with provision made by the Department of Finance and Personnel, after consulting the Secretary of State, andfsections 254(2) to (6) and 255 come into force on the day on which this Act is passed.9The provisions are—aPart 2;bin Part 5, paragraphs 67 to 85, 87, 89 to 99 and 102 to 105;cPart 6;dParts 9 and 10;ePart 15.10In this Part—asections 258, 259, 260 and 262, this section and section 264 come into force on the day on which this Act is passed,bsection 261(1) and Schedule 27 and, except so far as relating to any Acts of the Scottish Parliament or any provision which extends to Northern Ireland only, section 261(4) and Schedule 30 come into force in accordance with provision made by order by the Secretary of State,csection 261(2) and Schedule 28 and, so far as relating to any Acts of the Scottish Parliament, section 261(4) and Schedule 30 come into force in accordance with provision made by order by the Scottish Ministers, after consulting the Secretary of State,dsection 261(3) and Schedule 29 and, so far as relating to any provision which extends to Northern Ireland only, section 261(4) and Schedule 30 come into force in accordance with provision made by order by the Department of Finance and Personnel, after consulting the Secretary of State.11The power to make an order under this section is exercisable by statutory instrument.Short title264This Act may be cited as the Civil Partnership Act 2004.S. 2 wholly in force at 5.12.2005; s. 2 not in force at Royal Assent see s. 263; s. 2(4)(b) in force for certain purposes at 15.4.2005 by S.I. 2005/1112, art. 2, Sch. 1 and otherwise 5.12.2005 insofar as not already in force by S.I. 2005/3175, art. 2(1), Sch. 1; s. 2(1)-(3), (4)(a), (5)-(7) in force at 5.12.2005 insofar as not already in force by S.I. 2005/3175, art. 2(1), Sch. 1S. 6(1)(b) repealed (5.4.2011) by Equality Act 2010 (c. 15), ss. 202(2), 211(2), 216(3), Sch. 27 Pt. 1 (as substituted by S.I. 2010/2279, art. 13, Sch. 2) (with ss. 6(4), 205); S.I. 2011/1066, art. 2(h); S.I. 2011/2646, art. 2S. 6(2) repealed (5.4.2011) by Equality Act 2010 (c. 33), ss. 202(2), 211(2), 216(3), Sch. 27 Pt. 1 (as substituted by S.I. 2010/2279, art. 13, Sch. 2) (with ss. 6(4), 205; S.I. 2011/1066, art. 2(h); S.I. 2011/2646, art. 2S. 6(3)-(3C) substituted (5.12.2005) for s. 6(3) by The Civil Partnership (Amendments to Registration Provisions) Order 2005 (S.I. 2005/2000), art. 3, Sch. para. 2(2) (subject to art. 1(3))S. 6(4)(5) omitted (5.12.2005) by virtue of The Civil Partnership (Amendments to Registration Provisions) Order 2005 (S.I. 2005/2000), art. 3, Sch. para. 2(3) (subject to art. 1(3))S. 6A(1): transfer of functions (3.4.2008) by The Transfer of Functions (Registration) Order 2008 (S.I. 2008/678), art. 3(1), Sch. 1 para. 14(a) (with art. 4)Words in s. 6A(1) substituted (3.4.2008) by The Transfer of Functions (Registration) Order 2008 (S.I. 2008/678), art. 5(1), Sch. 2 para. 14(a) (with art. 4)S. 6A(2A)-(2C) inserted (11.7.2011) by Equality Act 2010 (c. 33), ss. 202(3), 216(3) (with ss. 6(4), 205); S.I. 2011/1636, art. 2(c)Words in s. 6A(3) substituted (3.4.2008) by The Transfer of Functions (Registration) Order 2008 (S.I. 2008/678), art. 5(1), Sch. 2 para. 14(a) (with art. 4)S. 6A(3A)-(3C) inserted (11.7.2011 so far as relating to the insertion of s. 6A(3B)(3C)) by Equality Act 2010 (c. 33), ss. 202(4), 216(3) (with ss. 6(4), 205); S.I. 2011/1636, art. 2(d)S. 6A inserted (21.7.2005) by The Civil Partnership (Amendments to Registration Provisions) Order 2005 (S.I. 2005/2000), arts. 1(c), 3, Sch. para. 3S. 8 partly in force; s. 8 not in force at Royal Assent see s. 263; s. 8(2) in force for certain purposes at 15.4.2005 by S.I. 2005/1112, art. 2, Sch. 1 and otherwise 5.12.2005 insofar as not already in force by S.I. 2005/3175, art. 2(1), Sch. 1; s. 8(3) - (7) in force at 5.12.2005 insofar as not already in force by S.I. 2005/3175, art. 2(1), Sch. 1; s. 8(1) never in force;S. 8(1) substituted (5.12.2005) by The Civil Partnership (Amendments to Registration Provisions) Order 2005 (S.I. 2005/2000), art. 3, Sch. para. 4(2) (subject to art. 1(3))S. 8(4)(b) substituted (5.12.2005) by The Civil Partnership (Amendments to Registration Provisions) Order 2005 (S.I. 2005/2000), art. 3, Sch. para. 4(3) (subject to art. 1(3))S. 10 wholly in force at 5.12.2005; s. 10 not in force at Royal Assent see s. 263; s. 10(2)(c) in force at 15.4.2005 for certain purposes by S.I. 2005/1112, art. 2, Sch. 1; s. 10 in force at 5.12.2005 insofar as not already in force by S.I. 2005/3175, art. 2(1), Sch. 1Words in s. 10(1) substituted (5.12.2005) by The Civil Partnership (Amendments to Registration Provisions) Order 2005 (S.I. 2005/2000), art. 3, Sch. para. 6(2) (subject to art. 1(3))Words in s. 10(2)(c) inserted (5.12.2005) by The Civil Partnership (Amendments to Registration Provisions) Order 2005 (S.I. 2005/2000), art. 3, Sch. para. 6(3) (subject to art. 1(3))S. 10(3) inserted (5.12.2005) by The Civil Partnership (Amendments to Registration Provisions) Order 2005 (S.I. 2005/2000), art. 3, Sch. para. 6(4) (subject to art. 1(3))S. 12 wholly in force at 5.12.2005; s. 12 not in force at Royal Assent see s. 263; s. 12(2) in force at 15.4.2005 by S.I. 2005/1112, art. 2, Sch. 1; s. 12(1)(3) in force at 5.12.2005 insofar as not already in force by S.I. 2005/3175, art. 2(1), Sch. 1S. 14 wholly in force at 5.12.2005; s. 14 not in force at Royal Assent see s. 263; s. 14(2) in force at 15.4.2005 by S.I. 2005/1112, art. 2, Sch. 1; s. 14(1)(3)-(5) in force at 5.12.2005 insofar as not already in force by S.I. 2005/3175, art. 2(1), Sch. 1Words in s. 17(2) substituted (5.12.2005) by The Civil Partnership (Amendments to Registration Provisions) Order 2005 (S.I. 2005/2000), art. 3, Sch. para. 7 (subject to art. 1(3))S. 18 wholly in force at 5.12.2005; s. 18 not in force at Royal Assent see s. 263; s. 18(4) in force for certain purposes at 15.4.2005 by S.I. 2005/1112, art. 2, Sch. 1 and otherwise 5.12.2005 insofar as not already in force by S.I. 2005/3175, art. 2(1), Sch. 1; s. 18(1)-(3)(5)(6) in force at 5.12.2005 insofar as not already in force by S.I. 2005/3175, art. 2(1), Sch. 1S. 19 wholly in force at 5.12.2005; s. 19 not in force at Royal Assent see s. 263; s. 19(5) in force for certain purposes at 15.4.2005 by S.I. 2005/1112, art. 2, Sch. 1 and otherwise 5.12.2005 insofar as not already in force by S.I. 2005/3175, art. 2(1), Sch. 1; s. 19(1)-(4)(6)-(8) in force at 5.12.2005 insofar as not already in force by S.I. 2005/3175, art. 2(1), Sch. 1Word in s. 20(1) substituted (5.12.2005) by The Civil Partnership (Amendments to Registration Provisions) Order 2005 (S.I. 2005/2000), art. 3, Sch. para. 8(2) (subject to art. 1(3))S. 20(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. 8(3) (subject to art. 1(3))Word in s. 20(4) substituted (5.12.2005) by The Civil Partnership (Amendments to Registration Provisions) Order 2005 (S.I. 2005/2000), art. 3, Sch. para. 8(4)(a) (subject to art. 1(3))Words in s. 20(4) substituted (5.12.2005) by The Civil Partnership (Amendments to Registration Provisions) Order 2005 (S.I. 2005/2000), art. 3, Sch. para. 8(4)(b) (subject to art. 1(3))S. 20(5)(b) substituted (5.12.2005) by The Civil Partnership (Amendments to Registration Provisions) Order 2005 (S.I. 2005/2000), art. 3, Sch. para. 8(5)(a) (subject to art. 1(3))Words in s. 20(5)(e) substituted (5.12.2005) by The Civil Partnership (Amendments to Registration Provisions) Order 2005 (S.I. 2005/2000), art. 3, Sch. para. 8(5)(b) (subject to art. 1(3))S. 20(6)(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. 8(6)(a) (subject to art. 1(3))Words in s. 20(6)(c) substituted (5.12.2005) by The Civil Partnership (Amendments to Registration Provisions) Order 2005 (S.I. 2005/2000), art. 3, Sch. para. 8(6)(b) (subject to art. 1(3))S. 20(7) omitted (5.12.2005) by virtue of The Civil Partnership (Amendments to Registration Provisions) Order 2005 (S.I. 2005/2000), art. 3, Sch. para. 8(7) (subject to art. 1(3))S. 21 wholly in force at 5.12.2005; s. 21 not in force at Royal Assent see s. 263; s. 21(2) in force for certain purposes at 15.4.2005 by S.I. 2005/1112, art. 2, Sch. 1 and otherwise 5.12.2005 insofar as not already in force by S.I. 2005/3175, art. 2(1), Sch. 1; s. 21(1)(3) in force at 5.12.2005 insofar as not already in force by S.I. 2005/3175, art. 2(1), Sch. 1S. 22(2) substituted (5.12.2005) by The Civil Partnership (Amendments to Registration Provisions) Order 2005 (S.I. 2005/2000), art. 3, Sch. para. 9 (subject to art. 1(3))S. 25 wholly in force at 5.12.2005; s. 25 not in force at Royal Assent see s. 263; s. 25(5) in force at 15.4.2005 by S.I. 2005/1112, art. 2, Sch. 1; s. 25(1)-(4)(6)(7) in force at 5.12.2005 by S.I. 2005/3175, art. 2(1), Sch. 1S. 29(4) omitted (5.12.2005) by virtue of The Civil Partnership (Amendments to Registration Provisions) Order 2005 (S.I. 2005/2000), art. 3, Sch. para. 10 (subject to art. 1(3))S. 31(2)(aa)(ab) inserted (5.12.2005) by The Civil Partnership (Amendments to Registration Provisions) Order 2005 (S.I. 2005/2000), art. 3, Sch. para. 11(2) (subject to art. 1(3))Words in s. 31(3) substituted (5.12.2005) by The Civil Partnership (Amendments to Registration Provisions) Order 2005 (S.I. 2005/2000), art. 3, Sch. para. 11(3) (subject to art. 1(3))S. 31(3A) inserted (5.12.2005) by The Civil Partnership (Amendments to Registration Provisions) Order 2005 (S.I. 2005/2000), art. 3, Sch. para. 11(4) (subject to art. 1(3))S. 34 wholly in force at 5.12.2005; s. 34 not in force at Royal Assent see s. 263; s. 34(1) in force at 15.4.2005 by S.I. 2005/1112, art. 2, Sch. 1; s. 34(2) in force at 5.12.2005 by S.I. 2005/3175, art. 2(1), Sch. 1S. 34(1): transfer of functions (3.4.2008) by The Transfer of Functions (Registration) Order 2008 (S.I. 2008/678), art. 3(1), Sch. 1 para. 14(b) (with art. 4)Words in s. 34(1) substituted (3.4.2008) by The Transfer of Functions (Registration) Order 2008 (S.I. 2008/678), art. 5(1), Sch. 2 para. 14(b) (with art. 4)S. 34(3) inserted (21.7.2005) by The Civil Partnership (Amendments to Registration Provisions) Order 2005 (S.I. 2005/2000), arts. 1(c), 3, Sch. para. 12S. 35(1): transfer of functions (3.4.2008) by The Transfer of Functions (Registration) Order 2008 (S.I. 2008/678), art. 3(1), Sch. 1 para. 14(c) (with art. 4)Words in s. 35(1) substituted (3.4.2008) by The Transfer of Functions (Registration) Order 2008 (S.I. 2008/678), art. 5(1), Sch. 2 para. 14(c) (with art. 4)Words in s. 35(1)(a) repealed (8.1.2007) by Legislative and Regulatory Reform Act 2006 (c. 51), ss. 30, 33, Sch. (with s. 30(2)-(5))S. 36(3): transfer of functions (3.4.2008) by The Transfer of Functions (Registration) Order 2008 (S.I. 2008/678), art. 3(1), Sch. 1 para. 14(d) (with art. 4)Words in s. 36(3) inserted (21.7.2005) by The Civil Partnership (Amendments to Registration Provisions) Order 2005 (S.I. 2005/2000), arts. 1(c), 3, Sch. para. 13(2)Words in s. 36(3) substituted (3.4.2008) by The Transfer of Functions (Registration) Order 2008 (S.I. 2008/678), art. 5(1), Sch. 2 para. 14(d) (with art. 4)Words in s. 36(5) inserted (21.7.2005) by The Civil Partnership (Amendments to Registration Provisions) Order 2005 (S.I. 2005/2000), arts. 1(c), 3, Sch. para. 13(3)S. 41 applied (with modifications) (5.12.2005) by The Civil Partnership (Treatment of Overseas Relationships) Order 2005 (S.I. 2005/3042), art. 3(1)S. 42 wholly in force at 5.12.2005; s. 42 not in force at Royal Assent see s. 263; s. 42(1) in force at 15.4.2005 for certain purposes by S.I. 2005/1112, art. 2, Sch. 1 and otherwise 5.12.2005 insofar as not already in force by S.I. 2005/3175, art. 2(1), Sch. 1; s. 42(2) in force at 15.4.2005 by S.I. 2005/1112, art. 2, Sch. 1; s. 42(3)(4) in force at 5.12.2005 insofar as not already in force by S.I. 2005/3175, art. 2(1), Sch. 1Words in s. 42(2) substituted (1.1.2010) by Legal Services Act 2007 (c. 20), ss. 208, 211, Sch. 21 para. 150 (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(h) (with arts. 6, 9)Word in s. 49(b)(iv) omitted (5.12.2005) by virtue of The Civil Partnership (Amendments to Registration Provisions) Order 2005 (S.I. 2005/2000), art. 3, Sch. para. 14(2) (subject to art. 1(3))S. 49(b)(vi) inserted (5.12.2005) by The Civil Partnership (Amendments to Registration Provisions) Order 2005 (S.I. 2005/2000), art. 3, Sch. para. 14(3) (subject to art. 1(3))S. 52(1)(aa) inserted (5.12.2005) by The Civil Partnership (Amendments to Registration Provisions) Order 2005 (S.I. 2005/2000), art. 3, Sch. para. 15(2) (subject to art. 1(3))S. 52(1)(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. 15(3) (subject to art. 1(3))S. 61 wholly in force at 5.12.2005; s. 61 not in force at Royal Assent see s. 263; s. 61(1) in force at 15.4.2005 for certain purposes by S.I. 2005/1112, art. 2, Sch. 1 and otherwise 5.12.2005 insofar as not already in force by S.I. 2005/3175, art. 2(1), Sch. 1; s. 61(2) in force at 15.4.2005 by S.I. 2005/1112, art. 2, Sch. 1S. 64 wholly in force at 5.12.2005; s. 64 not in force at Royal Assent see s. 263; s. 64(1)(2) in force at 15.4.2005 by S.I. 2005/1112, art. 2, Sch. 1; s. 64(3) in force at 5.12.2005 insofar as not already in force by S.I. 2005/3175, art. 2(1), Sch. 1S. 65 applied (with modifications) (5.12.2005) by The Civil Partnership (Treatment of Overseas Relationships) Order 2005 (S.I. 2005/3042), art. 3(2)S. 66 wholly in force at 5.12.2005; s. 66 not in force at Royal Assent see s. 263; s. 66(1)(b) in force at 15.4.2005 for certain purposes by S.I. 2005/1112, art. 2, Sch. 1 and otherwise 5.12.2005 insofar as not already in force by S.I. 2005/3175, art. 2(1), Sch. 1; s. 66(3) in force at 15.4.2005 by S.I. 2005/1112, art. 2, Sch. 1; s. 66(1)(a) in force at 5.12.2005 insofar as not already in force by S.I. 2005/3175, art. 2(1), Sch. 1; s. 66(2) in force at 5.12.2005 insofar as not already in force by S.I. 2005/3175, art. 2(1), Sch. 1S. 75 wholly in force at 5.12.2005; s. 75 not in force at Royal Assent see s. 263; s. 75(1)(3)(4) in force at 5.12.2005 by S.I. 2005/3175, art. 2(1) Sch. 1; s. 75(2) in force at 30.12.2005 by S.I. 2005/3175, art. 2(9), Sch. 1S. 86(4)(5) substituted (4.5.2006) by Family Law (Scotland) Act 2006 (asp 2), ss. 33, 46(2), { Sch. 1 para. 2(b)}; S.S.I. 2006/212, art. 2 (subject to art. 3-13)S. 86(5A) inserted (1.9.2009) by The Human Fertilisation and Embryology (Consequential Amendments and Transitional and Saving Provisions) Order 2009 (S.I. 2009/1892), art. 2, Sch. 1 para. 4S. 86(6) repealed (4.5.2006) by Family Law (Scotland) Act 2006 (asp 2), ss. 33, 46(2), { Sch. 3}; S.S.I. 2006/212, art. 2 (subject to art. 3-13)S. 86(7) repealed (4.5.2006) by Family Law (Scotland) Act 2006 (asp 2), ss. 33, 46(2), { Sch. 3}; S.S.I. 2006/212, art. 2 (subject to art. 3-13)S. 88 wholly in force at 5.12.2005; s. 88 not in force at Royal Assent see s. 263; s. 88(1)(5) in force at 14.9.2005 for certain purposes by S.S.I. 2005/428, art. 2, Sch. and otherwise 5.12.2005 insofar as not already in force by S.S.I. 2005/604, art. 2(b); s. 88(2)-(4)(6) in force at 5.12.2005 insofar as not already in force by S.S.I. 2005/604, art. 2(b)Words in s. 88(1) omitted (1.10.2006 for certain purposes and otherwise 1.1.2007) by virtue of Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. {52(2)(a)}, 63(2); S.S.I. 2006/469, arts. 2, 3, Schs. 1, 2Words in s. 88(2) substituted (1.10.2006 for certain purposes and otherwise 1.1.2007) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 52(2)(b), 63(2); S.S.I. 2006/469, arts. 2, 3, Schs. 1, 2Words in s. 88(5) substituted (1.10.2006 for certain purposes and otherwise 1.1.2007) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 52(2)(c), 63(2); S.S.I. 2006/469, arts. 2, 3, Schs. 1, 2S. 88(5A) inserted (1.10.2006) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 52(2)(d), 63(2); S.S.I. 2006/469, art. 2, Sch. 1S. 89 wholly in force at 5.12.2005; s. 89 not in force at Royal Assent see s. 263; s. 89(1) in force at 14.9.2005 for certain purposes by S.S.I. 2005/428, art. 2, Sch. and otherwise 5.12.2005 insofar as not already in force by S.S.I. 2005/604, art. 2(b); s. 89(2) in force at 14.9.2005 by S.S.I. 2005/428, art. 2, Sch.S. 90 wholly in force at 5.12.2005; s. 90 not in force at Royal Assent see s. 263; s. 90(4) in force at 14.9.2005 by S.S.I. 2005/428, art. 2, Sch.; s. 90(1)-(3) in force at 5.12.2005 by S.S.I. 2005/604, art. 2(b)Words in s. 90(1) substituted (1.10.2006) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 52(3)(a), 63(2); S.S.I. 2006/469, art. 2, Sch. 1Words in s. 90(1) substituted (1.10.2006) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 52(3)(b), 63(2); S.S.I. 2006/469, art. 2, Sch. 1Word in s. 90(1) substituted (1.10.2006) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 52(3)(c), 63(2); S.S.I. 2006/469, art. 2, Sch. 1Words in s. 90(1) substituted (1.10.2006) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 52(3)(d), 63(2); S.S.I. 2006/469, art. 2, Sch. 1S. 92(1A) inserted (1.10.2006 for certain purposes and otherwise 1.1.2007) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 52(4)(a), 63(2); S.S.I. 2006/469, arts. 2, 3, Schs. 1, 2Words in s. 92(2) substituted (1.10.2006 for certain purposes and otherwise 1.1.2007) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 52(4)(b)(i), 63(2); S.S.I. 2006/469, arts. 2, 3, Schs. 1, 2Words in s. 92(2) substituted (1.10.2006 for certain purposes and otherwise 1.1.2007) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 52(4)(b)(ii), 63(2); S.S.I. 2006/469, arts. 2, 3, Schs. 1, 2S. 93(5) inserted (1.1.2007) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 51(b), 63(2); S.S.I. 2006/469, art. 3, Sch. 2 (with art. 4)S. 94 wholly in force at 5.12.2005; s. 94 not in force at Royal Assent see s. 263; s. 94 in force at 14.9.2005 for certain purposes by S.S.I. 2005/428, art. 2, Sch. and otherwise 5.12.2005 insofar as not already in force by S.S.I. 2005/604, art. 2(b)S. 95 wholly in force at 5.12.2005; s. 95 not in force at Royal Assent see s. 263; s. 95(3)(4) in force at 14.9.2005 by S.S.I. 2005/428, art. 2, Sch.; s. 95(1)(2) in force at 5.12.2005 insofar as not already in force by S.S.I. 2005/604, art. 2(b)S. 97 wholly in force at 5.12.2005; s. 97 not in force at Royal Assent see s. 263; s. 97(3) in force at 14.9.2005 by S.S.I. 2005/428, art. 2, Sch. and otherwise 5.12.2005 insofar as not already in force by S.S.I. 2005/604, art. 2(b); s. 97(1)(2)(4)-(6) in force at 5.12.2005 insofar as not already in force by S.S.I. 2005/604, art. 2(b)S. 98 substituted (1.10.2006 for certain purposes and 1.1.2007 for further certain purposes and otherwise prosp.) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 52(6), 63(2); S.S.I. 2006/469, arts. 2, 3, Sch. 1, Sch. 2S. 99 wholly in force at 5.12.2005; s. 99 not in force at Royal Assent see s. 263; s. 99(2) in force at 14.9.2005 for certain purposes by S.S.I. 2005/428, art. 2, Sch. and otherwise 5.12.2005 insofar as not already in force by S.S.I. 2005/604, art. 2(b); s. 99(1)(3) in force at 5.12.2005 by S.S.I. 2005/604, art. 2(b)S. 95A inserted (1.10.2006) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 52(5), 63(2); S.S.I. 2006/469, art. 2, Sch. 1S. 101(6A)(6B) inserted (4.5.2006) by Family Law (Scotland) Act 2006 (asp 2), ss. 33, 46(2), Sch. 1 para. 3(a); S.S.I. 2006/212, art. 2 (subject to arts. 3-13)Words in s. 101(7) substituted (4.5.2006) by Family Law (Scotland) Act 2006 (asp 2), ss. 33, 46(2), Sch. 1 para. 3(b)(i); S.S.I. 2006/212, art. 2 (subject to arts. 3-13)Words in s. 101(7) substituted (4.5.2006) by Family Law (Scotland) Act 2006 (asp 2), ss. 33, 46(2), Sch. 1 para. 3(b)(ii); S.S.I. 2006/212, art. 2 (subject to arts. 3-13)Words in s. 103(1) inserted (4.5.2006) by Family Law (Scotland) Act 2006 (asp 2), ss. 33, 46(2), Sch. 1 para. 4; S.S.I. 2006/212, art. 2 (subject to arts. 3-13)S. 106(1A) inserted (4.5.2006) by Family Law (Scotland) Act 2006 (asp 2), ss. 33, 46(2), Sch. 1 para. 5(a); S.S.I. 2006/212, art. 2 (subject to arts. 3-13)Words in s. 106(3)(e) substituted (4.5.2006) by Family Law (Scotland) Act 2006 (asp 2), ss. 33, 46(2), Sch. 1 para. 5(b)(i); S.S.I. 2006/212, art. 2 (subject to arts. 3-13)Words in s. 106(3)(e) substituted (4.5.2006) by Family Law (Scotland) Act 2006 (asp 2), ss. 33, 46(2), Sch. 1 para. 5(b)(ii); S.S.I. 2006/212, art. 2 (subject to arts. 3-13)Word in s. 106(3)(f) substituted (4.5.2006) by Family Law (Scotland) Act 2006 (asp 2), ss. 33, 46(2), Sch. 1 para. 5(b)(iii); S.S.I. 2006/212, art. 2 (subject to arts. 3-13)Words in s. 107(1) inserted (4.5.2006) by Family Law (Scotland) Act 2006 (asp 2), ss. 33, 46(2), Sch. 1 para. 6(a); S.S.I. 2006/212, art. 2 (subject to arts. 3-13)S. 107(1A)-(1D) inserted (4.5.2006) by Family Law (Scotland) Act 2006 (asp 2), ss. 33, 46(2), Sch. 1 para. 6(b); S.S.I. 2006/212, art. 2 (subject to arts. 3-13)S. 107(3A) inserted (4.5.2006) by Family Law (Scotland) Act 2006 (asp 2), ss. 33, 46(2), Sch. 1 para. 6(c); S.S.I. 2006/212, art. 2 (subject to arts. 3-13)Words in s. 108(2)(a) substituted (30.6.2006) by The Family Law (Scotland) Act 2006 (Consequential Modifications) Order 2006 (S.S.I. 2006/384), art. 9Words in s. 108(3)(a) substituted (30.6.2006) by The Family Law (Scotland) Act 2006 (Consequential Modifications) Order 2006 (S.S.I. 2006/384), art. 9S. 111A inserted (4.5.2006) by Family Law (Scotland) Act 2006 (asp 2), ss. 33, 46(2), Sch. 1 para. 7; S.S.I. 2006/212, art. 2 (subject to arts. 3-13)Words in s. 113(2) repealed (4.5.2006) by Family Law (Scotland) Act 2006 (asp 2), ss. 45(2), 46(2), Sch. 3; S.S.I. 2006/212, art. 2 (subject to arts. 3-13)S. 113(2)(b) substituted (4.5.2006) by Family Law (Scotland) Act 2006 (asp 2), ss. 33, 46(2), Sch. 1 para. 8(a); S.S.I. 2006/212, art. 2 (subject to arts. 3-13)S. 113(3)-(6) inserted (4.5.2006) by Family Law (Scotland) Act 2006 (asp 2), ss. 33, 46(2), Sch. 1 para. 8(b); S.S.I. 2006/212, art. 2 (subject to arts. 3-13)Words in s. 113(6) repealed (30.6.2006) by The Family Law (Scotland) Act 2006 (Consequential Modifications) Order 2006 (S.S.I. 2006/384), art. 10S. 114 repealed (4.5.2006) by Family Law (Scotland) Act 2006 (asp 2), ss. 45(2), 46(2), Sch. 3; S.S.I. 2006/212, art. 2 (subject to arts. 3-13)S. 115 repealed (4.5.2006) by Family Law (Scotland) Act 2006 (asp 2), ss. 45(2), 46(2), Sch. 3; S.S.I. 2006/212, art. 2 (subject to arts. 3-13)S. 116 repealed (4.5.2006) by Family Law (Scotland) Act 2006 (asp 2), ss. 45(2), 46(2), Sch. 3; S.S.I. 2006/212, art. 2 (subject to arts. 3-13)S. 117(3)(b) repealed (4.5.2006) by Family Law (Scotland) Act 2006 (asp 2), ss. 45(2), 46(2), Sch. 3; S.S.I. 2006/212, art. 2 (subject to arts. 3-13)Words in s. 117(3)(c) substituted (4.5.2006) by Family Law (Scotland) Act 2006 (asp 2), ss. 33, 46(2), Sch. 1 para. 9(a); S.S.I. 2006/212, art. 2 (subject to arts. 3-13)Word in s. 117(3)(d) substituted (4.5.2006) by Family Law (Scotland) Act 2006 (asp 2), ss. 33, 46(2), Sch. 1 para. 9(b); S.S.I. 2006/212, art. 2 (subject to arts. 3-13)S. 117(6) repealed (4.5.2006) by Family Law (Scotland) Act 2006 (asp 2), ss. 45(2), 46(2), Sch. 3; S.S.I. 2006/212, art. 2 (subject to arts. 3-13)S. 117(7) repealed (4.5.2006) by Family Law (Scotland) Act 2006 (asp 2), ss. 45(2), 46(2), Sch. 3; S.S.I. 2006/212, art. 2 (subject to arts. 3-13)S. 119(1) repealed (4.5.2006) by Family Law (Scotland) Act 2006 (asp 2), ss. 45(2), 46(2), Sch. 3; S.S.I. 2006/212, art. 2 (subject to arts. 3-13)S. 119(2) repealed (4.5.2006) by Family Law (Scotland) Act 2006 (asp 2), ss. 45(2), 46(2), Sch. 3; S.S.I. 2006/212, art. 2 (subject to arts. 3-13)Word in s. 119(3) repealed (4.5.2006) by Family Law (Scotland) Act 2006 (asp 2), ss. 45(2), 46(2), Sch. 3; S.S.I. 2006/212, art. 2 (subject to arts. 3-13)S. 122 wholly in force at 5.12.2005; s. 122 not in force at Royal Assent see s. 263; s. 122(3) in force at 14.9.2005 by S.S.I. 2005/428, art. 2, Sch.; s. 122(4) in force at 14.9.2005 for certain purposes by S.S.I. 2005/428, art. 2, Sch. and otherwise 5.12.2005 insofar as not already in force by S.S.I. 2005/604, art. 2(b); s. 122(1)(2)(5)(6) in force at 5.12.2005 insofar as not already in force by S.S.I. 2005/604, art. 2(b)S. 122(7) inserted (1.10.2006) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 52(7), 63(2); S.S.I. 2006/469, art. 2, Sch. 1S. 123 renumbered as s. 123(1) (4.5.2006) by Family Law (Scotland) Act 2006 (asp 2), ss. 33, 46(2), Sch. 1 para. 10; S.S.I. 2006/212, art. 2 (subject to arts. 3-13)Word in s. 123(1) repealed (4.5.2006) by Family Law (Scotland) Act 2006 (asp 2), ss. 33, 46(2), Sch. 1 para. 10(a); S.S.I. 2006/212, art. 2 (subject to arts. 3-13)Word in s. 123(1)(b) repealed (4.5.2006) by Family Law (Scotland) Act 2006 (asp 2), ss. 33, 46(2), Sch. 1 para. 10(b); S.S.I. 2006/212, art. 2 (subject to arts. 3-13)S. 123(1)(c) and word inserted (4.5.2006) by Family Law (Scotland) Act 2006 (asp 2), ss. 33, 46(2), Sch. 1 para. 10(c); S.S.I. 2006/212, art. 2 (subject to arts. 3-13)S. 123(2) added (4.5.2006) by Family Law (Scotland) Act 2006 (asp 2), ss. 33, 46(2), Sch. 1 para. 10(d); S.S.I. 2006/212, art. 2 (subject to arts. 3-13)S. 124A inserted (4.5.2006) by Family Law (Scotland) Act 2006 (asp 2), ss. 33, 46(2), Sch. 1 para. 11; S.S.I. 2006/212, art. 2 (subject to arts. 3-13)S. 129 repealed (4.5.2006) by Family Law (Scotland) Act 2006 (asp. 2), ss. 45(2), 46(2), Sch. 3; S.S.I. 2006/212, art. 2 (subject to arts. 3-13)S. 130 repealed (28.3.2011 with effect as mentioned in the Schedule to the commencing instrument) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 86(2), 206(1); S.S.I. 2011/178, art. 2, Sch.S. 134 wholly in force at 5.12.2005; s. 134 not in force at Royal Assent see s. 263; s. 134 in force at 14.9.2005 for certain purposes by S.S.I. 2005/428, art. 2, Sch. and otherwise 5.12.2005 insofar as not already in force by S.S.I. 2005/604, art. 2(b)S. 135 renumbered as s. 135(1) (4.5.2006) by Family Law (Scotland) Act 2006 (asp 2), ss. 33, 46(2), Sch. 1 para. 12; S.S.I. 2006/212, art. 2 (subject to arts. 3-13)Words in s. 135(1) inserted (4.5.2006) by Family Law (Scotland) Act 2006 (asp 2), ss. 33, 46(2), Sch. 1 para. 12(a)(i); S.S.I. 2006/212, art. 2 (subject to arts. 3-13)Words in s. 135 repealed (4.5.2006) by Family Law (Scotland) Act 2006 (asp 2), ss. 45(2), 46(2), Sch. 3; S.S.I. 2006/212, art. 2 (subject to arts. 3-13)Words in s. 135(1) substituted (4.5.2006) by Family Law (Scotland) Act 2006 (asp 2), ss. 33, 46(2), Sch. 1 para. 12(a)(ii); S.S.I. 2006/212, art. 2 (subject to arts. 3-13)S. 135(2) inserted (4.5.2006) by Family Law (Scotland) Act 2006 (asp 2), ss. 33, 46(2), Sch. 1 para. 12(b); S.S.I. 2006/212, art. 2 (subject to arts. 3-13)S. 139 wholly in force at 5.12.2005; s. 139 not in force at Royal Assent see s. 263; s. 139(2)(3) in force at 5.9.2005 for certain purposes by S.I. 2005/2399, art. 2, Sch. and otherwise 5.12.2005 insofar as not already in force by S.I. 2005/3255, art. 2(1), Sch.; s. 139(1) in force at 5.12.2005 insofar as not already in force by S.I. 2005/3255, art. 2(1), Sch.S. 140 wholly in force at 5.12.2005; s. 140 not in force at Royal Assent see s. 263; s. 140(1)(a) in force at 5.9.2005 for certain purposes by S.I. 2005/2399, art. 2, Sch. and otherwise 5.12.2005 insofar as not already in force by S.I. 2005/3255, art. 2(1), Sch.; s. 140 in force at 5.12.2005 insofar as not already in force by S.I. 2005/3255, art. 2(1), Sch.S. 143 wholly in force at 5.12.2005; s. 143 not in force at Royal Assent see s. 263; s. 143 in force at 5.9.2005 for certain purposes by S.I. 2005/2399, art. 2, Sch. and otherwise 5.12.2005 insofar as not already in force by S.I. 2005/3255, art. 2(1), Sch.S. 144 wholly in force at 5.12.2005; s. 144 not in force at Royal Assent see s. 263; s. 144(4)(6) in force at 5.9.2005 for certain purposes by S.I. 2005/2399, art. 2, Sch. and otherwise 5.12.2005 insofar as not already in force by S.I. 2005/3255, art. 2(1), Sch.; s. 144(1)-(3)(5)(7) in force at 5.12.2005 insofar as not already in force by S.I. 2005/3255, art. 2(1), Sch.S. 145 wholly in force at 5.12.2005; s. 145 not in force at Royal Assent see s. 263; s. 145(3) in force at 5.9.2005 for certain purposes by S.I. 2005/2399, art. 2, Sch. and otherwise 5.12.2005 insofar as not already in force by S.I. 2005/3255, art. 2(1), Sch.; s. 145 in force at 5.12.2005 insofar as not already in force by S.I. 2005/3255, art. 2(1), Sch.S. 147 wholly in force at 5.12.2005; s. 147 not in force at Royal Assent see s. 263; s. 147(1) in force at 5.9.2005 for certain purposes by S.I. 2005/2399, art. 2, Sch. and otherwise 5.12.2005 insofar as not already in force by S.I. 2005/3255, art. 2(1), Sch.; s. 147(2) in force at 5.12.2005 insofar as not already in force by S.I. 2005/3255, art. 2(1), Sch.S. 149 wholly in force at 5.12.2005; s. 149 not in force at Royal Assent see s. 263; s. 149(2)(a) in force at 5.9.2005 for certain purposes by S.I. 2005/2399, art. 2, Sch. and otherwise 5.12.2005 insofar as not already in force by S.I. 2005/3255, art. 2(1), Sch.; s. 149 in force at 5.12.2005 insofar as not already in force by S.I. 2005/3255, art. 2(1), Sch.S. 150 omitted (5.12.2005) by virtue of The Civil Partnership (Amendments to Registration Provisions) Order 2005 (S.I. 2005/2000), art. 3, Sch. para. 16 (subject to art. 1(3))S. 152 wholly in force at 5.12.2005; s. 152 not in force at Royal Assent see s. 263; s. 152(5) in force at 5.9.2005 by S.I. 2005/2399, art. 2, Sch.; s. 152 in force at 5.12.2005 insofar as not already in force by S.I. 2005/3255, art. 2(1), Sch.S. 155 wholly in force at 5.12.2005; s. 155 not in force at Royal Assent see s. 263; s. 155(3) in force at 5.9.2005 for certain purposes by S.I. 2005/2399, art. 2, Sch. and otherwise 5.12.2005 insofar as not already in force by S.I. 2005/3255, art. 2(1), Sch.; s. 155 in force at 5.12.2005 insofar as not already in force by S.I. 2005/3255, art. 2(1), Sch.S. 156 wholly in force at 5.12.2005; s. 156 not in force at Royal Assent see s. 263; s. 156(1)(3) in force at 5.9.2005 for certain purposes by S.I. 2005/2399, art. 2, Sch. and otherwise 5.12.2005 insofar as not already in force by S.I. 2005/3255, art. 2(1), Sch.; s. 156 in force at 5.12.2005 insofar as not already in force by S.I. 2005/3255, art. 2(1), Sch.S. 161(1)(c) repealed (9.11.2009) by Presumption of Death Act (Northern Ireland) 2009 (c. 6 (N.I.)), ss. 19(1), (2), 20, Sch. 2, {Sch. 3}; S.R. 2009/356, art. 2Words in s. 161(2) substituted (9.11.2009) by Presumption of Death Act (Northern Ireland) 2009 (c. 6 (N.I.)), ss. 19(1), 20, Sch. 2; S.R. 2009/356, art. 2Words in s. 163(1) substituted (9.11.2009) by Presumption of Death Act (Northern Ireland) 2009 (c. 6 (N.I.)), ss. 19(1), 20, Sch. 2; S.R. 2009/356, art. 2S. 165 applied (with modifications) (N.I.) (5.12.2005) by The Civil Partnership (Treatment of Overseas Relationships) Order (Northern Ireland) 2005 (S.R. 2005/531), art. 3(1)S. 169 wholly in force at 5.12.2005; s. 169 not in force at Royal Assent see s. 263; s. 169(3)(4) in force at 5.9.2005 by S.I. 2005/2399, art. 2, Sch.; s. 169 in force at 5.12.2005 insofar as not already in force by S.I. 2005/3255, art. 2(1), Sch.S. 178 repealed (9.11.2009) by Presumption of Death Act (Northern Ireland) 2009 (c. 6 (N.I.)), ss. 14(1)(b)(3), 19(2), 20, Sch. 3; S.R. 2009/356, art. 2S. 184 wholly in force at 5.12.2005; s. 184 not in force at Royal Assent see s. 263; s. 184(1) in force at 5.9.2005 for certain purposes by S.I. 2005/2399, art. 2, Sch. and otherwise 5.12.2005 insofar as not already in force by S.I. 2005/3255, art. 2(1), Sch.; s. 184(2)(6)(8) in force at 5.9.2005 by S.I. 2005/2399, art. 2, Sch.; s. 184(3)-(5)(7) in force at 5.12.2005 insofar as not already in force by S.I. 2005/3255, art. 2(1), Sch.S. 187 wholly in force at 5.12.2005; s. 187 not in force at Royal Assent see s. 263; s. 187(1)(2) in force at 5.9.2005 by S.I. 2005/2399, art. 2, Sch. ; s. 187 in force at 5.12.2005 insofar as not already in force by S.I. 2005/3255, art. 2(1), Sch.S. 188: functions transferred (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 15(1), Sch. 17 para. 21(a) (with arts. 15(6), 28-31)S. 189 wholly in force at 5.12.2005; s. 189 not in force at Royal Assent see s. 263; s. 189(1) in force at 5.9.2005 by S.I. 2005/2399, art. 2, Sch.; s. 189(2) in force at 5.9.2005 for certain purposes by S.I. 2005/2399, art. 2, Sch. and otherwise 5.12.2005 insofar as not already in force by S.I. 2005/3255, art. 2(1), Sch.; s. 189 in force at 5.12.2005 insofar as not already in force by S.I. 2005/3255, art. 2(1), Sch.S. 190 wholly in force at 5.12.2005; s. 190 not in force at Royal Assent see s. 263; s. 190(2)-(4) in force at 5.9.2005 for certain purposes by S.I. 2005/2399, art. 2, Sch. and otherwise 5.12.2005 insofar as not already in force by S.I. 2005/3255, art. 2(1), Sch.; s. 190 in force at 5.12.2005 insofar as not already in force by S.I. 2005/3255, art. 2(1), Sch.S. 191 wholly in force at 5.12.2005; s. 191 not in force at Royal Assent see s. 263; s. 191(3) in force at 5.9.2005 for certain purposes by S.I. 2005/2399, art. 2, Sch. and otherwise 5.12.2005 insofar as not already in force by S.I. 2005/3255, art. 2(1), Sch.; s. 191 in force at 5.12.2005 insofar as not already in force by S.I. 2005/3255, art. 2(1), Sch.S. 196(2) repealed (9.11.2009) by Presumption of Death Act (Northern Ireland) 2009 (c. 6 (N.I.)), ss. 14(1)(b)(3), 19(2), 20, Sch. 3; S.R. 2009/356, art. 2S. 210 wholly in force at 5.12.2005; s. 210 not in force at Royal Assent see s. 263; s. 210(1)(2)(4)(5) in force at 15.4.2005 by S.I. 2005/1112, art. 2, Sch. 2; s. 210(3) in force at 5.12.2005 by S.I. 2005/3175, art. 3, Sch. 2Words in s. 210(5) substituted (9.11.2009) by Presumption of Death Act (Northern Ireland) 2009 (c. 6 (N.I.)), ss. 19(1), 20, Sch. 2; S.R. 2009/356, art. 2Words in s. 211(4) substituted (9.11.2009) by Presumption of Death Act (Northern Ireland) 2009 (c. 6 (N.I.)), ss. 19(1), 20, Sch. 2; S.R. 2009/356, art. 2S. 212 applied (with modifications) (E.W.) (5.12.2005) by The Civil Partnership (Treatment of Overseas Relationships) Order 2005 (S.I. 2005/3042), art. 5S. 212 applied (with modifications) (N.I.) (5.12.2005) by The Civil Partnership (Treatment of Overseas Relationships) Order (Northern Ireland) 2005 (S.R. 2005/531), art. 5(1)S. 212 applied (with modifications) (S.) (5.12.2005) by The Civil Partnership (Overseas Relationships) (Scotland) Order 2005 (S.S.I. 2005/573), art. 3S. 213 wholly in force at 5.12.2005; s. 213(2)-(6) in force at Royal Assent, see s. 263(5)(6); s. 213(1) in force at 5.12.2005 by S.I. 2005/3175, art. 3, Sch. 2S. 213: functions transferred (12.10.2007) by The Transfer of Functions (Equality) Order 2007 (S.I. 2007/2914), art. 3(2)(e)S. 213: functions transferred (18.8.2010) by The Transfer of Functions (Equality) Order 2010 (S.I. 2010/1839), art. 3(1)(e)Words in s. 213(2) substituted (18.8.2010) by The Transfer of Functions (Equality) Order 2010 (S.I. 2010/1839), art. 7, Sch. para. 6Words in s. 219(1)(a)(b) omitted (12.4.2010) by virtue of The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 15(5), Sch. 18 para. 73(a) (with arts. 28-31)S. 219(1A) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 15(5), Sch. 18 para. 73(b) (with arts. 28-31)S. 219(6A)-(6C) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 15(5), Sch. 18 para. 73(d) (with arts. 28-31)S. 220 wholly in force at 5.12.2005; s. 220 not in force at Royal Assent see s. 263; s. 220 in force at 15.4.2005 for certain purposes by S.I. 2005/1112, art. 2, Sch. 2 and otherwise 5.12.2005 insofar as not already in force by S.I. 2005/3175, art. 3, Sch. 2S. 227(3B) inserted (18.6.2011) by The Civil Jurisdiction and Judgments (Maintenance) Regulations 2011 (S.I. 2011/1484), reg. 9, Sch. 7 para. 16(2)(c)S. 227(6) inserted (18.6.2011) by The Civil Jurisdiction and Judgments (Maintenance) Regulations 2011 (S.I. 2011/1484), reg. 9, Sch. 7 para. 16(2)(d)S. 228 wholly in force at 5.12.2005; s. 228 not in force at Royal Assent see s. 263; s. 228 in force at 15.4.2005 for certain purposes by S.I. 2005/1112, art. 2, Sch. 2 and otherwise 5.12.2005 insofar as not already in force by S.I. 2005/3175, art. 3, Sch. 2S. 230 repealed (9.11.2009) by Presumption of Death Act (Northern Ireland) 2009 (c. 6 (N.I.)), ss. 19, 20, Sch. 2, Sch. 3; S.R. 2009/356, art. 2S. 235 applied (with modifications) (S.) (5.12.2005) by The Civil Partnership (Supplementary Provisions relating to the Recognition of Overseas Dissolutions, Annulments or Separations) (Scotland) Regulations 2005 (S.S.I. 2005/567), regs. 2, 3 (as amended (28.2.2022) by The Civil Partnership (Supplementary Provisions relating to the Recognition of Overseas Dissolutions, Annulments or Separations) (Scotland) Amendment Regulations 2021 (S.S.I. 2021/461), regs. 1, 2)S. 236 applied (with modifications) (E.W.N.I.) (5.12.2005) by The Civil Partnership (Supplementary Provisions relating to the Recognition of Overseas Dissolutions, Annulments or Legal Separations) (England and Wales and Northern Ireland) Regulations 2005 (S.I. 2005/3104), reg. 2S. 236 applied (with modifications) (S.) (5.12.2005) by The Civil Partnership (Supplementary Provisions relating to the Recognition of Overseas Dissolutions, Annulments or Separations) (Scotland) Regulations 2005 (S.S.I. 2005/567), reg. 2S. 237 wholly in force at 5.12.2005; s. 237 not in force at Royal Assent see s. 263; s. 237(2)-(5) in force at 15.4.2005 by S.I. 2005/1112, art. 2, Sch. 2; s. 237(1)(6) in force at 5.12.2005 by S.I. 2005/3175, art. 3, Sch. 2S. 237(1) applied (with modifications) (E.W.N.I.) (5.12.2005) by The Civil Partnership (Supplementary Provisions relating to the Recognition of Overseas Dissolutions, Annulments or Legal Separations) (England and Wales and Northern Ireland) Regulations 2005 (S.I. 2005/3104), reg. 2S. 237(1) applied (with modifications) (S.) (5.12.2005) by The Civil Partnership (Supplementary Provisions relating to the Recognition of Overseas Dissolutions, Annulments or Separations) (Scotland) Regulations 2005 (S.S.I. 2005/567), reg. 2Words in s. 237(2) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 15(5), Sch. 18 para. 74(a) (with arts. 28-31)Words in s. 237(3) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 15(5), Sch. 18 para. 74(b) (with arts. 28-31)S. 237(4A)(4B) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 15(5), Sch. 18 para. 74(c) (with arts. 28-31)Words in s. 239(1) substituted (21.7.2005) by The Civil Partnership (Amendments to Registration Provisions) Order 2005 (S.I. 2005/2000), arts. 1(c), 3, Sch. para. 17(2)(a)Words in s. 239(1) substituted (21.7.2005) by The Civil Partnership (Amendments to Registration Provisions) Order 2005 (S.I. 2005/2000), arts. 1(c), 3, Sch. para. 17(2)(b)Word in s. 239(3) omitted (21.7.2005) by virtue of The Civil Partnership (Amendments to Registration Provisions) Order 2005 (S.I. 2005/2000), arts. 1(c), 3, Sch. para. 17(3)S. 239(4) omitted (21.7.2005) by virtue of The Civil Partnership (Amendments to Registration Provisions) Order 2005 (S.I. 2005/2000), arts. 1(c), 3, Sch. para. 17(4)S. 245 wholly in force at 5.12.2005; s. 245 not in force at Royal Assent see s. 263; s. 245 in force at 15.4.2005 for certain purposes by S.I. 2005/1112, art. 2 and otherwise 5.12.2005 insofar as not already in force by S.I. 2005/3175, art. 3, Sch. 2Words in s. 245(2) substituted (28.3.2009 for certain purposes and otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 16 para. 243; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4S. 246 applied (11.5.2006) by The Civil Partnership Act 2004 (Relationships Arising Through Civil Partnership) Order 2006 (S.I. 2006/1121, art. 2S. 247 wholly in force at 5.12.2005; s. 247(2)-(7) in force at Royal Assent, see s. 263(7)(c); s. 247(8)(9) in force at 18.11.2004 by Royal Assent; s. 247(1) in force at 5.12.2005 by S.I. 2005/3175, art. 3, Sch. 2S. 248 wholly in force at 5.12.2005; s. 248(2)-(5) in force at Royal Assent, see s. 263(7)(c); s. 248(1) in force at 5.12.2005 by S.I. 2005/3255, art. 2(1), Sch.S. 254 wholly in force at 5.12.2005; s. 254(2)-(6) in force at Royal Assent, see s. 263(8)(f); s. 254(1) in force at 5.12.2005 for certain purposes by S.I. 2005/3175, art. 2(1), Sch. 1; s. 254(1) in force at 5.12.2005 for certain purposes by S.I. 2005/3255, art. 2(1), Sch.Word in s. 260 heading substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), arts. 3, 6(1)(e)Words in s. 260(1)(a) substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), arts. 3, {6(1)(e) (3)}S. 263 power partly exercised: 15.4.2005 appointed for specified provisions by {S.I. 2005/1112}, art. 2, Schs. 1, 2S. 263 power partly exercised: 5.9.2005 appointed for specified provisions by {S.I. 2005/2399}, art. 2, Sch.S. 263 power partly exercised: 7.11.2005 appointed for specified provisions by {S.I. 2005/3058}, art. 2S. 263 power partly exercised: different dates appointed for specified provisions by {S.I. 2005/3175}, arts. 2, 3, Schs. 1, 2S. 263 power partly exercised: 5.12.2005 appointed for specified provisions by {S.I. 2005/3255}, art. 2, Sch.S. 263 power partly exercised: 6.4.2006 appointed for specified provisions by {S.I. 2006/639}, art. 2S. 263 power partly exercised: 6.4.2006 appointed for specified provisions by {S.I. 2006/928}, art. 2S. 263(3) power partly exercised: 14.9.2005 appointed for specified provisions by {S.S.I. 2005/428}, art. 2, Sch.S. 263(3)(10)(c) power partly exercised: 5.12.2005 appointed for specified provisions by {S.S.I. 2005/604}, arts. 2-4Words in s. 17(2) substituted (1.10.2012) by Protection of Freedoms Act 2012 (c. 9), ss. 114(3)(a), 120 (with s. 97); S.I. 2012/2234, art. 3(m)Words in s. 17(2) repealed (1.10.2012) by Protection of Freedoms Act 2012 (c. 9), ss. 114(3)(b), 120, Sch. 10 Pt. 11 (with s. 97); S.I. 2012/2234, art. 3(m)S. 31(2)(ab) repealed (1.10.2012) by Protection of Freedoms Act 2012 (c. 9), ss. 114(4), 120, Sch. 10 Pt. 11 (with s. 97); S.I. 2012/2234, art. 3(m)S. 155A inserted (N.I.) (16.11.2012) by Civil Registration Act (Northern Ireland) 2011 (c. 20), ss. 24(2), 34; S.R. 2012/406, art. 2, Sch.S. 155(6)-(9) added (16.11.2012) by Civil Registration Act (Northern Ireland) 2011 (c. 20), ss. 23(2), 34; S.R. 2012/406, art. 2, Sch.S. 210(6) inserted (5.12.2012) by The Legislative Reform (Civil Partnership) Order 2012 (S.I. 2012/3100), arts. 1, 2(4)Words in s. 210(3) substituted (5.12.2012) by The Legislative Reform (Civil Partnership) Order 2012 (S.I. 2012/3100), arts. 1, 2(3)Words in s. 210(1)(b) substituted (5.12.2012) by The Legislative Reform (Civil Partnership) Order 2012 (S.I. 2012/3100), arts. 1, 2(2)Words in s. 210(6) inserted (13.3.2014) by Marriage (Same Sex Couples) Act 2013 (c. 30), s. 21(3), Sch. 7 para. 36; S.I. 2014/93, art. 3(k)(iv)S. 212(1A) inserted (13.3.2014) by The Marriage (Same Sex Couples) Act 2013 (Consequential and Contrary Provisions and Scotland) Order 2014 (S.I. 2014/560), art. 1(2), Sch. 1 para. 29(2)S. 37(4)(b) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 162; S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)Words in s. 40(4)(b) omitted (22.4.2014) by virtue of Children and Families Act 2014 (c. 6), ss. 17(6), 139(6); S.I. 2014/793, art. 2 (with transitional provisions in S.I. 2014/1042, arts. 5, 11)Words in s. 58 substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 164; S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)S. 63 repealed (22.4.2014) by Children and Families Act 2014 (c. 6), ss. 17(1)(b), 139(6); S.I. 2014/793, art. 2 (with transitional provisions in S.I. 2014/1042, arts. 5, 11)S. 66(1)(b) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 165(2); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)S. 66(3) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 165(3); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)S. 220(b) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 166; S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)S. 88(8)-(10) inserted (1.9.2014) by Marriage and Civil Partnership (Scotland) Act 2014 (asp 5), ss. 25, 36; S.S.I. 2014/212, art. 2, sch. (as amended (1.9.2014) by S.S.I. 2014/218, art. 2(3), sch.)Words in s. 100(1) substituted (1.9.2014) by Marriage and Civil Partnership (Scotland) Act 2014 (asp 5), ss. 28(2)(a), 36; S.S.I. 2014/212, art. 2, sch. (as amended (1.9.2014) by S.S.I. 2014/218, art. 2(3), sch.)Words in s. 100(3)(b) substituted (1.9.2014) by Marriage and Civil Partnership (Scotland) Act 2014 (asp 5), ss. 28(2)(b), 36; S.S.I. 2014/212, art. 2, sch. (as amended (1.9.2014) by S.S.I. 2014/218, art. 2(3), sch.)Words in s. 222 inserted (1.10.2014) by Presumption of Death Act 2013 (c. 13), s. 22(2), Sch. 2 para. 3(2) (with s. 21); S.I. 2014/1810, art. 2 (with art. 3(1)(3))S. 222(a)(b) omitted (1.10.2014) by virtue of Presumption of Death Act 2013 (c. 13), s. 22(2), Sch. 2 para. 3(3) (with s. 21); S.I. 2014/1810, art. 2 (with art. 3(1)(3))S. 222(ba) inserted (1.10.2014) by Presumption of Death Act 2013 (c. 13), s. 22(2), Sch. 2 para. 3(4) (with s. 21); S.I. 2014/1810, art. 2 (with art. 3(1)(3))Words in s. 112(9) substituted (8.12.2014) by Land Registration etc. (Scotland) Act 2012 (asp 5), ss. 122, 123, sch. 5 para. 44 (with s. 121, sch. 4 paras. 13, 16); S.S.I. 2014/127, art. 2Word in s. 1(3) inserted (10.12.2014) by Marriage (Same Sex Couples) Act 2013 (c. 30), s. 21(3), Sch. 7 para. 34(a); S.I. 2014/3169, art. 2S. 1(3)(b) and word inserted (10.12.2014) by Marriage (Same Sex Couples) Act 2013 (c. 30), s. 21(3), Sch. 7 para. 34(b); S.I. 2014/3169, art. 2Ss. 94A-94E inserted (1.9.2014 for specified purposes, 16.12.2014 in so far as not already in force for the insertion of ss. 94A(1)(2)(a)(3)(4), 94B(1)(2)(a)-(c)(4)-(11), 94C, 94D, 94E(1)(3)(5) and otherwise prosp.) by Marriage and Civil Partnership (Scotland) Act 2014 (asp 5), ss. 24(13), 36; S.S.I. 2014/212, art. 2, sch. (as amended (1.9.2014) by S.S.I. 2014/218, art. 2(3), sch.); S.S.I. 2014/287, art. 3, sch.S. 95ZA inserted (S.) (1.9.2014 for specified purposes, 16.12.2014 so far as not already in force) by Marriage and Civil Partnership (Scotland) Act 2014 (asp 5), ss. 24(15), 36; S.S.I. 2014/212, art. 2, sch. (as amended (1.9.2014) by S.S.I. 2014/218, art. 2(3), sch.); S.S.I. 2014/287, art. 3, sch.S. 1(3A) inserted (S.) (16.12.2014) by Marriage and Civil Partnership (Scotland) Act 2014 (asp 5), ss. 11(9), 36; S.S.I. 2014/287, art. 3, sch.S. 85(1)(c) substituted for s. 85(1)(c) and words (16.12.2014) by Marriage and Civil Partnership (Scotland) Act 2014 (asp 5), ss. 24(2)(a), 36; S.S.I. 2014/287, art. 3, sch.Words in s. 85(4)(b) inserted (16.12.2014) by Marriage and Civil Partnership (Scotland) Act 2014 (asp 5), ss. 24(2)(b), 36; S.S.I. 2014/287, art. 3, sch.S. 86(3A) inserted (16.12.2014) by Marriage and Civil Partnership (Scotland) Act 2014 (asp 5), ss. 24(3)(c), 36; S.S.I. 2014/287, art. 3, sch.S. 86(2) substituted (16.12.2014) by Marriage and Civil Partnership (Scotland) Act 2014 (asp 5), ss. 24(3)(a), 36; S.S.I. 2014/287, art. 3, sch.Words in s. 86(5) inserted (16.12.2014) by Marriage and Civil Partnership (Scotland) Act 2014 (asp 5), ss. 24(3)(d)(i), 36; S.S.I. 2014/287, art. 3, sch.Words in s. 86(5) repealed (16.12.2014) by Marriage and Civil Partnership (Scotland) Act 2014 (asp 5), ss. 24(3)(d)(ii), 36; S.S.I. 2014/287, art. 3, sch.Word in s. 86(5A) substituted (16.12.2014) by Marriage and Civil Partnership (Scotland) Act 2014 (asp 5), ss. 24(3)(e)(i), 36; S.S.I. 2014/287, art. 3, sch.Words in s. 86(5A) repealed (16.12.2014) by Marriage and Civil Partnership (Scotland) Act 2014 (asp 5), ss. 24(3)(e)(ii), 36; S.S.I. 2014/287, art. 3, sch.Words in s. 86(3) substituted (16.12.2014) by Marriage and Civil Partnership (Scotland) Act 2014 (asp 5), ss. 24(3)(b), 36; S.S.I. 2014/287, art. 3, sch.Word in s. 87 inserted (16.12.2014) by Marriage and Civil Partnership (Scotland) Act 2014 (asp 5), ss. 24(4), 36; S.S.I. 2014/287, art. 3, sch.S. 88(7) inserted (16.12.2014) by Marriage and Civil Partnership (Scotland) Act 2014 (asp 5), ss. 24(5), 36; S.S.I. 2014/287, art. 3, sch.S. 89(3) inserted (16.12.2014) by Marriage and Civil Partnership (Scotland) Act 2014 (asp 5), ss. 24(6), 36; S.S.I. 2014/287, art. 3, sch.Words in s. 90(1) substituted (16.12.2014) by Marriage and Civil Partnership (Scotland) Act 2014 (asp 5), ss. 24(7)(a), 36; S.S.I. 2014/287, art. 3, sch.Word in s. 90(3) substituted (16.12.2014) by Marriage and Civil Partnership (Scotland) Act 2014 (asp 5), ss. 24(7)(c), 36; S.S.I. 2014/287, art. 3, sch.S. 91(1): s. 91 renumbered as s. 91(1) (16.12.2014) by Marriage and Civil Partnership (Scotland) Act 2014 (asp 5), ss. 24(8)(a), 36; S.S.I. 2014/287, art. 3, sch.S. 91(2) inserted (16.12.2014) by Marriage and Civil Partnership (Scotland) Act 2014 (asp 5), ss. 24(8)(c), 36; S.S.I. 2014/287, art. 3, sch.Words in s. 91(1) substituted (16.12.2014) by Marriage and Civil Partnership (Scotland) Act 2014 (asp 5), ss. 24(8)(b)(i), 36; S.S.I. 2014/287, art. 3, sch.Words in s. 91(1) inserted (16.12.2014) by Marriage and Civil Partnership (Scotland) Act 2014 (asp 5), ss. 24(8)(b)(iii), 36; S.S.I. 2014/287, art. 3, sch.Words in s. 92(3) substituted (16.12.2014) by Marriage and Civil Partnership (Scotland) Act 2014 (asp 5), ss. 24(9)(a), 36; S.S.I. 2014/287, art. 3, sch.Word in s. 92(4)(b) repealed (16.12.2014) by Marriage and Civil Partnership (Scotland) Act 2014 (asp 5), ss. 24(9)(b)(i), 36; S.S.I. 2014/287, art. 3, sch.Words in s. 92(5)(a) substituted (16.12.2014) by Marriage and Civil Partnership (Scotland) Act 2014 (asp 5), ss. 24(9)(c), 36; S.S.I. 2014/287, art. 3, sch.S. 92(4)(b)(iii) and word inserted (16.12.2014) by Marriage and Civil Partnership (Scotland) Act 2014 (asp 5), ss. 24(9)(b)(ii), 36; S.S.I. 2014/287, art. 3, sch.S. 93(1A) inserted (16.12.2014) by Marriage and Civil Partnership (Scotland) Act 2014 (asp 5), ss. 24(10)(b), 36; S.S.I. 2014/287, art. 3, sch.S. 93 title substituted (16.12.2014) by Marriage and Civil Partnership (Scotland) Act 2014 (asp 5), ss. 24(10)(d), 36; S.S.I. 2014/287, art. 3, sch.S. 93(2)(3) repealed (16.12.2014) by Marriage and Civil Partnership (Scotland) Act 2014 (asp 5), ss. 24(10)(c), 36; S.S.I. 2014/287, art. 3, sch.; S.S.I. 2014/287, art. 3, sch.Words in s. 93(1) inserted (16.12.2014) by Marriage and Civil Partnership (Scotland) Act 2014 (asp 5), ss. 24(10)(a)(i), 36; S.S.I. 2014/287, art. 3, sch.Words in s. 93(1) substituted (16.12.2014) by Marriage and Civil Partnership (Scotland) Act 2014 (asp 5), ss. 24(10)(a)(ii), 36; S.S.I. 2014/287, art. 3, sch.S. 94 renumbered as s. 94(1) (16.12.2014) by Marriage and Civil Partnership (Scotland) Act 2014 (asp 5), ss. 24(12)(a), 36; S.S.I. 2014/287, art. 3, sch.S. 94(2)(3) inserted (16.12.2014) by Marriage and Civil Partnership (Scotland) Act 2014 (asp 5), ss. 24(12)(c), 36; S.S.I. 2014/287, art. 3, sch.Words in s. 94(1)(b) substituted (16.12.2014) by Marriage and Civil Partnership (Scotland) Act 2014 (asp 5), ss. 24(12)(b)(ii), 36; S.S.I. 2014/287, art. 3, sch.S. 95(1A) inserted (16.12.2014) by Marriage and Civil Partnership (Scotland) Act 2014 (asp 5), ss. 24(14)(b), 36; S.S.I. 2014/287, art. 3, sch.S. 95(3A)-(3C) inserted (16.12.2014) by Marriage and Civil Partnership (Scotland) Act 2014 (asp 5), ss. 24(14)(d), 36; S.S.I. 2014/287, art. 3, sch.Word in s. 95(4) inserted (16.12.2014) by Marriage and Civil Partnership (Scotland) Act 2014 (asp 5), ss. 24(14)(e), 36; S.S.I. 2014/287, art. 3, sch.Words in s. 95(1) inserted (16.12.2014) by Marriage and Civil Partnership (Scotland) Act 2014 (asp 5), ss. 24(14)(a), 36; S.S.I. 2014/287, art. 3, sch.Words in s. 95(2) substituted (16.12.2014) by Marriage and Civil Partnership (Scotland) Act 2014 (asp 5), ss. 24(14)(c), 36; S.S.I. 2014/287, art. 3, sch.Words in s. 95A(1) inserted (16.12.2014) by Marriage and Civil Partnership (Scotland) Act 2014 (asp 5), ss. 24(16), 36; S.S.I. 2014/287, art. 3, sch.Words in s. 96(3)(b) substituted (16.12.2014) by Marriage and Civil Partnership (Scotland) Act 2014 (asp 5), ss. 24(17)(a), 36; S.S.I. 2014/287, art. 3, sch.Words in s. 96(3)(c) substituted (16.12.2014) by Marriage and Civil Partnership (Scotland) Act 2014 (asp 5), ss. 24(17)(b), 36; S.S.I. 2014/287, art. 3, sch.S. 97(5A) inserted (16.12.2014) by Marriage and Civil Partnership (Scotland) Act 2014 (asp 5), ss. 24(18)(b), 36; S.S.I. 2014/287, art. 3, sch.S. 100(3A)(3B) inserted (16.12.2014) by Marriage and Civil Partnership (Scotland) Act 2014 (asp 5), ss. 24(19)(b), 36; S.S.I. 2014/287, art. 3, sch.Words in s. 100(2)(c)(d)(e) inserted (16.12.2014) by Marriage and Civil Partnership (Scotland) Act 2014 (asp 5), ss. 24(19)(a)(i), 36; S.S.I. 2014/287, art. 3, sch.Words in s. 100(2)(f) substituted (16.12.2014) by Marriage and Civil Partnership (Scotland) Act 2014 (asp 5), ss. 24(19)(a)(ii), 36; S.S.I. 2014/287, art. 3, sch.Words in s. 100(4) substituted (16.12.2014) by Marriage and Civil Partnership (Scotland) Act 2014 (asp 5), ss. 24(19)(c), 36; S.S.I. 2014/287, art. 3, sch.Words in s. 126(4) inserted (16.12.2014) by Marriage and Civil Partnership (Scotland) Act 2014 (asp 5), ss. 24(20), 36; S.S.I. 2014/287, art. 3, sch.Words in s. 135(1) inserted (16.12.2014) by Marriage and Civil Partnership (Scotland) Act 2014 (asp 5), ss. 24(21)(a), 36; S.S.I. 2014/287, art. 3, sch.Words in s. 135(1) inserted (16.12.2014) by Marriage and Civil Partnership (Scotland) Act 2014 (asp 5), ss. 24(21)(b), 36; S.S.I. 2014/287, art. 3, sch.Words in s. 135(1) inserted (16.12.2014) by Marriage and Civil Partnership (Scotland) Act 2014 (asp 5), ss. 24(21)(c), 36; S.S.I. 2014/287, art. 3, sch.S. 214(ba) inserted (S.) (16.12.2014) by Marriage and Civil Partnership (Scotland) Act 2014 (asp 5), ss. 26(2)(a), 36; S.S.I. 2014/287, art. 3, sch. (with art. 5)Words in s. 214(c) substituted (S.) (16.12.2014) by Marriage and Civil Partnership (Scotland) Act 2014 (asp 5), ss. 26(2)(b), 36; S.S.I. 2014/287, art. 3, sch. (with art. 5)S. 93A inserted (S.) (16.12.2014) by Marriage and Civil Partnership (Scotland) Act 2014 (asp 5), ss. 24(11), 36; S.S.I. 2014/287, art. 3, sch.Ss. 9-9F substituted for s. 9 (20.10.2014 for specified purposes, 1.3.2015 in so far as not already in force) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 4 para. 21 (with Sch. 9 para. 66); S.I. 2014/2771, art. 3(e); S.I. 2015/371, art. 2(1)(f)S. 12(4)-(8) inserted (20.10.2014 for specified purposes, 1.3.2015 in so far as not already in force) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 4 para. 23(3) (with Sch. 9 para. 66); S.I. 2014/2771, art. 3(e); S.I. 2015/371, art. 2(1)(f)S. 8A inserted (20.10.2014 for specified purposes, 1.3.2015 in so far as not already in force) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 4 para. 20 (with Sch. 9 para. 66); S.I. 2014/2771, art. 3(e); S.I. 2015/371, art. 2(1)(f)Word in s. 12(1) substituted (20.10.2014 for specified purposes, 1.3.2015 in so far as not already in force) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 4 para. 23(2) (with Sch. 9 para. 66); S.I. 2014/2771, art. 3(e); S.I. 2015/371, art. 2(1)(f)S. 12A inserted (20.10.2014 for specified purposes, 1.3.2015 in so far as not already in force) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 4 para. 24 (with Sch. 9 para. 66); S.I. 2014/2771, art. 3(e); S.I. 2015/371, art. 2(1)(f)S. 30A inserted (20.10.2014 for specified purposes, 1.3.2015 in so far as not already in force) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 4 para. 27 (with Sch. 9 para. 66); S.I. 2014/2771, art. 3(e); S.I. 2015/371, art. 2(1)(f)Words in s. 36(3) inserted (20.10.2014 for specified purposes, 1.3.2015 in so far as not already in force) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 4 para. 28(2) (with Sch. 9 para. 66); S.I. 2014/2771, art. 3(e); S.I. 2015/371, art. 2(1)(f)Words in s. 36(5) inserted (20.10.2014 for specified purposes, 1.3.2015 in so far as not already in force) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 4 para. 28(3) (with Sch. 9 para. 66); S.I. 2014/2771, art. 3(e); S.I. 2015/371, art. 2(1)(f)Words in s. 36(6) inserted (20.10.2014 for specified purposes, 1.3.2015 in so far as not already in force) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 4 para. 28(4) (with Sch. 9 para. 66); S.I. 2014/2771, art. 3(e); S.I. 2015/371, art. 2(1)(f)S. 8(5A) inserted (1.3.2015) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 4 para. 19(3) (with Sch. 9 para. 66); S.I. 2015/371, art. 2(1)(f)S. 8(4)(c) inserted (1.3.2015) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 4 para. 19(2) (with Sch. 9 para. 66); S.I. 2015/371, art. 2(1)(f)Word in s. 11 substituted (1.3.2015) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 4 para. 22 (with Sch. 9 para. 66); S.I. 2015/371, art. 2(1)(f)S. 14(6) inserted (1.3.2015) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 4 para. 26(1) (with Sch. 9 para. 66); S.I. 2015/371, art. 2(1)(f)S. 15(3) inserted (1.3.2015) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 4 para. 26(3)(b) (with Sch. 9 para. 66); S.I. 2015/371, art. 2(1)(f)Words in s. 15(1)(b) inserted (1.3.2015) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 4 para. 26(3)(a) (with Sch. 9 para. 66); S.I. 2015/371, art. 2(1)(f)Words in s. 16 title inserted (1.3.2015) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 4 para. 26(4)(a) (with Sch. 9 para. 66); S.I. 2015/371, art. 2(1)(f)S. 16(3A) inserted (1.3.2015) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 4 para. 26(4)(b) (with Sch. 9 para. 66); S.I. 2015/371, art. 2(1)(f)Words in s. 16(4) substituted (1.3.2015) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 4 para. 26(4)(c) (with Sch. 9 para. 66); S.I. 2015/371, art. 2(1)(f)S. 52(1)(ab) and word inserted (1.3.2015) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 4 para. 29(b) (with Sch. 9 para. 66); S.I. 2015/371, art. 2(1)(f)S. 89(4) inserted for specified purposes (1.3.2015) by The Referral and Investigation of Proposed Marriages and Civil Partnerships (Scotland) Order 2015 (S.I. 2015/396), art. 1(2), Sch. 3 para. 4 (with art. 1(3))Words in s. 90(2)(b) substituted (1.3.2015) by Marriage and Civil Partnership (Scotland) Act 2014 (asp 5), ss. 24(7)(b), 36; S.S.I. 2015/14, art. 2, sch. (with art. 3(2))S. 91(1A)(1B) inserted for specified purposes (1.3.2015) by The Referral and Investigation of Proposed Marriages and Civil Partnerships (Scotland) Order 2015 (S.I. 2015/396), art. 1(2), Sch. 3 para. 5(2) (with art. 1(3))Words in s. 91(1) substituted (1.3.2015) by Marriage and Civil Partnership (Scotland) Act 2014 (asp 5), ss. 24(8)(b)(ii), 36; S.S.I. 2015/14, art. 2, sch. (with art. 3(2))Words in s. 94(1)(b) substituted (1.3.2015) by Marriage and Civil Partnership (Scotland) Act 2014 (asp 5), ss. 24(12)(b)(i), 36; S.S.I. 2015/14, art. 2, sch. (with art. 3(2))Words in s. 97(4) substituted (1.3.2015) by Marriage and Civil Partnership (Scotland) Act 2014 (asp 5), ss. 24(18)(a), 36; S.S.I. 2015/14, art. 2, sch. (with art. 3(4))Words in s. 126(1) inserted for specified purposes (1.3.2015) by The Referral and Investigation of Proposed Marriages and Civil Partnerships (Scotland) Order 2015 (S.I. 2015/396), art. 1(2), Sch. 3 para. 7 (with art. 1(3))Words in s. 135(1) inserted for specified purposes (1.3.2015) by The Referral and Investigation of Proposed Marriages and Civil Partnerships (Scotland) Order 2015 (S.I. 2015/396), art. 1(2), Sch. 3 para. 8(a) (with art. 1(3))Words in s. 135(1) inserted for specified purposes (1.3.2015) by The Referral and Investigation of Proposed Marriages and Civil Partnerships (Scotland) Order 2015 (S.I. 2015/396), art. 1(2), Sch. 3 para. 8(b) (with art. 1(3))S. 140(2A)(2B) inserted (1.3.2015) by The Referral and Investigation of Proposed Marriages and Civil Partnerships (Northern Ireland and Miscellaneous Provisions) Order 2015 (S.I. 2015/395), art. 1(2), Sch. 3 para. 4 (with art. 1(3))Words in s. 160 inserted (1.3.2015) by The Referral and Investigation of Proposed Marriages and Civil Partnerships (Northern Ireland and Miscellaneous Provisions) Order 2015 (S.I. 2015/395), art. 1(2), Sch. 3 para. 6(a) (with art. 1(3))Words in s. 160 inserted (1.3.2015) by The Referral and Investigation of Proposed Marriages and Civil Partnerships (Northern Ireland and Miscellaneous Provisions) Order 2015 (S.I. 2015/395), art. 1(2), Sch. 3 para. 6(b) (with art. 1(3))S. 176(c) inserted (1.3.2015) by The Referral and Investigation of Proposed Marriages and Civil Partnerships (Northern Ireland and Miscellaneous Provisions) Order 2015 (S.I. 2015/395), art. 1(2), Sch. 3 para. 7 (with art. 1(3))S. 14A inserted (1.3.2015) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 4 para. 26(2) (with Sch. 9 para. 66); S.I. 2015/371, art. 2(1)(f)Ss. 88A-88F inserted for specified purposes (1.3.2015) by The Referral and Investigation of Proposed Marriages and Civil Partnerships (Scotland) Order 2015 (S.I. 2015/396), art. 1(2), Sch. 3 para. 2 (with art. 1(3))Ss. 139A-139E inserted (1.3.2015) by The Referral and Investigation of Proposed Marriages and Civil Partnerships (Northern Ireland and Miscellaneous Provisions) Order 2015 (S.I. 2015/395), art. 1(2), Sch. 3 para. 2 (with art. 1(3))S. 143A inserted (1.3.2015) by The Referral and Investigation of Proposed Marriages and Civil Partnerships (Northern Ireland and Miscellaneous Provisions) Order 2015 (S.I. 2015/395), art. 1(2), Sch. 3 para. 5 (with art. 1(3))S. 88A(9) applied (2.3.2015) by The Sham Marriage and Civil Partnership (Scotland and Northern Ireland) (Administrative) Regulations 2015 (S.I. 2015/404), regs. 1(2), 17(4)(b)S. 139A(9) applied (2.3.2015) by The Sham Marriage and Civil Partnership (Scotland and Northern Ireland) (Administrative) Regulations 2015 (S.I. 2015/404), regs. 1(2), 18(4)(b)S. 36(2)(g) inserted (26.5.2015) by Deregulation Act 2015 (c. 20), ss. 99(2), 115(3)(k)S. 34(1A)-(1C) inserted (12.7.2016) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 15 para. 4(3); S.I. 2016/603, reg. 3(w)S. 34(2) substituted (12.7.2016) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 15 para. 4(4); S.I. 2016/603, reg. 3(w)Words in s. 34(1) omitted (12.7.2016) by virtue of Immigration Act 2016 (c. 19), s. 94(1), Sch. 15 para. 4(2); S.I. 2016/603, reg. 3(w)Words in s. 190(2) substituted (31.10.2016) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 1 para. 124(3) (with Sch. 8 para. 1); S.R. 2016/387, art. 2(k) (with art. 3)Words in s. 189(1)(a)(b) repealed (31.10.2016) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 1 para. 124(2), Sch. 9 Pt. 1 (with Sch. 8 para. 1); S.R. 2016/387, art. 2(k)(m) (with art. 3)S. 188(1)(b) substituted (31.10.2016) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 1 para. 124(1)(a) (with Sch. 8 para. 1); S.R. 2016/387, art. 2(k) (with art. 3)S. 188(9) repealed (31.10.2016) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 1 para. 124(1)(b), Sch. 9 Pt. 1 (with Sch. 8 para. 1); S.R. 2016/387, art. 2(k)(m) (with art. 3)Words in s. 188(7) substituted (31.10.2016) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 1 para. 124(1)(c) (with Sch. 8 para. 1); S.R. 2016/387, art. 2(k) (with art. 3)Words in s. 188(8) repealed (31.10.2016) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 1 para. 124(1)(d), Sch. 9 Pt. 1 (with Sch. 8 para. 1); S.R. 2016/387, art. 2(k)(m) (with art. 3)S. 188(4)-(6) repealed (31.10.2016) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 1 para. 124(1)(b), Sch. 9 Pt. 1 (with Sch. 8 para. 1); S.R. 2016/387, art. 2(k)(m) (with art. 3)S. 124A repealed (1.11.2016) by Succession (Scotland) Act 2016 (asp 7), s. 31(2), sch. para. 3; S.S.I. 2016/210, reg. 2(1)(a)(2)S. 116 saving for effect of 2006 asp 2, sch. 3 (25.1.2018) by The Criminal Justice (Scotland) Act 2016 (Modification of Part 1 and Ancillary Provision) Regulations 2017 (S.S.I. 2017/453), reg. 1, sch. para. 4Pt. 3 Ch. 3 excluded by 2002 c. 29, s. 269A(5) (as inserted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), ss. 29(5), 58(1)(6); S.I. 2018/78, reg. 3(l))Words in s. 88(4) inserted (16.2.2019) by The Multilingual Standard Forms (Consequential Amendments) (Scotland) Regulations 2018 (S.S.I. 2018/374), regs. 1(1), 3(2)S. 88(4A) inserted (16.2.2019) by The Multilingual Standard Forms (Consequential Amendments) (Scotland) Regulations 2018 (S.S.I. 2018/374), regs. 1(1), 3(3)S. 41 applied (with modifications) (2.12.2019) by The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), reg. 1(2), Sch. 2 para. 4(1)S. 65 applied (with modifications) (2.12.2019) by The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), reg. 1(2), Sch. 2 para. 4(2)S. 30ZA inserted (2.12.2019) by The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), regs. 1(2), 9(3)S. 3(1)(a) omitted (2.12.2019) by virtue of The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), regs. 1(2), 4S. 6(3D) inserted (2.12.2019) by The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), regs. 1(2), 7S. 6A(3A) omitted (2.12.2019) by virtue of The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), regs. 1(2), 9(2)S. 215(5A)-(5D) inserted (E.W.) (2.12.2019) by The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), regs. 1(2), 5(4)(b) (with Sch. 2 para. 3)S. 165 applied (with modifications) (N.I.) (13.1.2020) by The Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019 (S.I. 2019/1514), regs. 1(2), 171(1) (with regs. 6-9)S. 1(3)(c) and word inserted (E.W.N.I.) (13.1.2020) by The Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019 (S.I. 2019/1514), regs. 1(2), 10(3)(c) (with regs. 6-9, 10(4))S. 138(1)(a) omitted (13.1.2020) by virtue of The Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019 (S.I. 2019/1514), regs. 1(2), 16(3) (with regs. 6-9)S. 147(3)(4) inserted (13.1.2020) by The Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019 (S.I. 2019/1514), regs. 1(2), 50(2) (with regs. 6-9)Words in s. 212(1A) inserted (13.1.2020) by The Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019 (S.I. 2019/1514), regs. 1(2), 17(2)(b) (with regs. 6-9)S. 213(3A) inserted (N.I.) (13.1.2020) by The Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019 (S.I. 2019/1514), regs. 1(2), 17(3)(c) (with regs. 6-9)S. 215(5E)-(5H) inserted (N.I.) (13.1.2020) by The Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019 (S.I. 2019/1514), regs. 1(2), 17(4)(b) (with regs. 6-9)S. 235 applied (with modifications) (E.W.N.I.) (5.12.2005) by The Civil Partnership (Supplementary Provisions relating to the Recognition of Overseas Dissolutions, Annulments or Legal Separations) (England and Wales and Northern Ireland) Regulations 2005 (S.I. 2005/3104), regs. 2, 3 (as amended (E.W.) (2.12.2019) by The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), regs. 1(2), 40; and (N.I.) (13.1.2020) by The Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019 (S.I. 2019/1514), regs. 1(2), 19(3)(4) (with regs. 6-9))S. 235(3A)(3B) inserted by S.I. 2005/3104, reg. 3 (as amended (N.I.) (13.1.2020) by The Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019 (S.I. 2019/1514), regs. 1(2), 19(5) (with regs. 6-9))S. 212(1)(b) modified (N.I.) (13.1.2020) by The Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019 (S.I. 2019/1514), regs. 1(2), 173(2) (with regs. 6-9)S. 204A inserted (N.I.) (1.9.2020) by The Marriage and Civil Partnership (Northern Ireland) Regulations 2020 (S.I. 2020/742), regs. 1(2), 12S. 174A inserted (7.12.2020) by The Marriage and Civil Partnership (Northern Ireland) (No. 2) Regulations 2020 (S.I. 2020/1143), regs. 1(2), 44(6)S. 1(3)(d) and word inserted (7.12.2020) by The Marriage and Civil Partnership (Northern Ireland) (No. 2) Regulations 2020 (S.I. 2020/1143), regs. 1(2), 44(3)S. 1(1)(c) and word inserted (7.12.2020) by The Marriage and Civil Partnership (Northern Ireland) (No. 2) Regulations 2020 (S.I. 2020/1143), regs. 1(2), 44(2)S. 54(2A) inserted (7.12.2020) by The Marriage and Civil Partnership (Northern Ireland) (No. 2) Regulations 2020 (S.I. 2020/1143), regs. 1(2), 44(4)S. 173 renumbered as s. 173(1) (7.12.2020) by The Marriage and Civil Partnership (Northern Ireland) (No. 2) Regulations 2020 (S.I. 2020/1143), regs. 1(2), 44(5)(a)S. 173(2)(3) inserted (7.12.2020) by The Marriage and Civil Partnership (Northern Ireland) (No. 2) Regulations 2020 (S.I. 2020/1143), regs. 1(2), 44(5)(b)Words in s. 219 heading substituted (E.W. N.I.) (31.12.2020) by The Civil Partnership and Marriage (Same Sex Couples) (Jurisdiction and Judgments) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/495), regs. 1, 4(2)(a); 2020 c. 1, Sch. 5 para. 1(1)S. 219 omitted (S.) (31.12.2020) by virtue of The Jurisdiction and Judgments (Family, Civil Partnership and Marriage (Same Sex Couples)) (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 (S.S.I. 2019/104), reg. 1, sch. 1 para. 4(2) (with reg. 6) (as amended by S.S.I. 2020/441, regs. 1(2)(a), 16); 2020 c. 1, Sch. 5 para. 1(1)Words in s. 219(1)(a)(i) substituted (E.W. N.I.) (31.12.2020) by The Civil Partnership and Marriage (Same Sex Couples) (Jurisdiction and Judgments) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/495), regs. 1, 4(2)(b)(i)(aa); 2020 c. 1, Sch. 5 para. 1(1)S. 219(1)(a)(ii) and word omitted (E.W. N.I.) (31.12.2020) by virtue of The Civil Partnership and Marriage (Same Sex Couples) (Jurisdiction and Judgments) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/495), regs. 1, 4(2)(b)(i)(bb); 2020 c. 1, Sch. 5 para. 1(1)Words in s. 219(1)(a)(iii) substituted (E.W. N.I.) (31.12.2020) by The Civil Partnership and Marriage (Same Sex Couples) (Jurisdiction and Judgments) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/495), regs. 1, 4(2)(b)(i)(cc); 2020 c. 1, Sch. 5 para. 1(1)S. 219(1)(b) and word omitted (E.W. N.I.) (31.12.2020) by virtue of The Civil Partnership and Marriage (Same Sex Couples) (Jurisdiction and Judgments) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/495), regs. 1, 4(2)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)Words in s. 219(1A)(a) substituted (31.12.2020) by The Civil Partnership and Marriage (Same Sex Couples) (Jurisdiction and Judgments) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/495), regs. 1, 4(2)(c)(i); 2020 c. 1, Sch. 5 para. 1(1)S. 219(1A)(b) omitted (31.12.2020) by virtue of The Civil Partnership and Marriage (Same Sex Couples) (Jurisdiction and Judgments) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/495), regs. 1, 4(2)(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)S. 219(3)-(5) omitted (E.W. N.I.) (31.12.2020) by virtue of The Civil Partnership and Marriage (Same Sex Couples) (Jurisdiction and Judgments) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/495), regs. 1, 4(2)(d); 2020 c. 1, Sch. 5 para. 1(1)Words in s. 225(1) inserted (31.12.2020) by The Jurisdiction and Judgments (Family, Civil Partnership and Marriage (Same Sex Couples)) (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 (S.S.I. 2019/104), reg. 1, sch. 1 para. 4(3)(a)(i) (with reg. 6) (as amended by S.S.I. 2020/441, regs. 1(2)(a), 16); 2020 c. 1, Sch. 5 para. 1(1)S. 225(1)(a)(b) substituted (31.12.2020) by The Jurisdiction and Judgments (Family, Civil Partnership and Marriage (Same Sex Couples)) (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 (S.S.I. 2019/104), reg. 1, sch. 1 para. 4(3)(a)(ii) (with reg. 6) (as amended by S.S.I. 2020/441, regs. 1(2)(a), 16); 2020 c. 1, Sch. 5 para. 1(1)Words in s. 225(1)(c)(ii) omitted (31.12.2020) by virtue of The Jurisdiction and Judgments (Family, Civil Partnership and Marriage (Same Sex Couples)) (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 (S.S.I. 2019/104), reg. 1, sch. 1 para. 4(3)(a)(iii) (with reg. 6) (as amended by S.S.I. 2020/441, regs. 1(2)(a), 16); 2020 c. 1, Sch. 5 para. 1(1)S. 225(3)(a) substituted for s. 225(3)(a)(b) (31.12.2020) by The Jurisdiction and Judgments (Family, Civil Partnership and Marriage (Same Sex Couples)) (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 (S.S.I. 2019/104), reg. 1, sch. 1 para. 4(3)(b)(i) (with reg. 6) (as amended by S.S.I. 2020/441, regs. 1(2)(a), 16); 2020 c. 1, Sch. 5 para. 1(1)Words in s. 225(3)(c)(ii) omitted (31.12.2020) by virtue of The Jurisdiction and Judgments (Family, Civil Partnership and Marriage (Same Sex Couples)) (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 (S.S.I. 2019/104), reg. 1, sch. 1 para. 4(3)(b)(ii) (with reg. 6) (as amended by S.S.I. 2020/441, regs. 1(2)(a), 16); 2020 c. 1, Sch. 5 para. 1(1)Word in s. 227(3) substituted (31.12.2020) by The Jurisdiction and Judgments (Family, Civil Partnership and Marriage (Same Sex Couples)) (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 (S.S.I. 2019/104), reg. 1, sch. 1 para. 4(4)(a) (with reg. 6) (as amended by S.S.I. 2020/441, regs. 1(2)(a), 16); 2020 c. 1, Sch. 5 para. 1(1)Words in s. 227(3) substituted (31.12.2020) by The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/519), reg. 1(1), Sch. para. 25(2)(a) (with reg. 8) (as amended by S.I. 2020/1574, regs. 1, 5(2)); 2020 c. 1, Sch. 5 para. 1(1)Words in s. 227(3B) substituted (31.12.2020) by S.I. 2019/519, Sch. para. 25(2)(b) (as substituted by The Jurisdiction, Judgments and Applicable Law (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1574), regs. 1, 5(3)(j)(i)(bb))Words in s. 227(6) substituted (31.12.2020) by S.I. 2019/519, Sch. para. 25(2)(c) (as substituted by The Jurisdiction, Judgments and Applicable Law (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1574), regs. 1, 5(3)(j)(i)(bb))S. 227(3A) omitted (31.12.2020) by virtue of The Jurisdiction and Judgments (Family, Civil Partnership and Marriage (Same Sex Couples)) (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 (S.S.I. 2019/104), reg. 1, sch. 1 para. 4(4)(b) (with reg. 6) (as amended by S.S.I. 2020/441, regs. 1(2)(a), 16); 2020 c. 1, Sch. 5 para. 1(1)Word in s. 234(1) substituted (S.) (31.12.2020) by The Jurisdiction and Judgments (Family, Civil Partnership and Marriage (Same Sex Couples)) (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 (S.S.I. 2019/104), reg. 1, sch. 1 para. 4(5)(a)(i) (with reg. 6) (as amended by S.S.I. 2020/441, regs. 1(2)(a), 16); 2020 c. 1, Sch. 5 para. 1(1); and words omitted (31.12.2020 for (E.W.N.I.)) by virtue of The Civil Partnership and Marriage (Same Sex Couples) (Jurisdiction and Judgments) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/495), regs. 1, 4(3)(a); 2020 c. 1, Sch. 5 para. 1(1)Word in s. 234(1) substituted (S.) (31.12.2020) by The Jurisdiction and Judgments (Family, Civil Partnership and Marriage (Same Sex Couples)) (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 (S.S.I. 2019/104), reg. 1, sch. 1 para. 4(5)(a)(ii) (with reg. 6) (as amended by S.S.I. 2020/441, regs. 1(2)(a), 16); 2020 c. 1, Sch. 5 para. 1(1)S. 234(2) omitted (S.) (31.12.2020) by virtue of The Jurisdiction and Judgments (Family, Civil Partnership and Marriage (Same Sex Couples)) (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 (S.S.I. 2019/104), reg. 1, sch. 1 para. 4(5)(b) (with reg. 6) (as amended by S.S.I. 2020/441, regs. 1(2)(a), 16); 2020 c. 1, Sch. 5 para. 1(1)); and (31.12.2020 for (E.W.N.I.)) by virtue of The Civil Partnership and Marriage (Same Sex Couples) (Jurisdiction and Judgments) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/495), regs. 1, 4(3)(b); 2020 c. 1, Sch. 5 para. 1(1)Words in s. 234(3) substituted (S.) (31.12.2020) by The Jurisdiction and Judgments (Family, Civil Partnership and Marriage (Same Sex Couples)) (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 (S.S.I. 2019/104), reg. 1, sch. 1 para. 4(5)(c) (with reg. 6) (as amended by S.S.I. 2020/441, regs. 1(2)(a), 16); 2020 c. 1, Sch. 5 para. 1(1)); and (31.12.2020 for (E.W.N.I.)) by The Civil Partnership and Marriage (Same Sex Couples) (Jurisdiction and Judgments) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/495), regs. 1, 4(3)(c); 2020 c. 1, Sch. 5 para. 1(1)S. 212 modified (S.) (1.2.2021) by The Civil Partnership (Scotland) Act 2020 (Commencement No. 3, Saving and Transitional Provision) Regulations 2021 (S.S.I. 2021/23), regs. 1(2), 4S. 94A: a second version of s. 94A inserted for specified purposes (1.3.2015) by The Referral and Investigation of Proposed Marriages and Civil Partnerships (Scotland) Order 2015 (S.I. 2015/396), art. 1(2), Sch. 3 para. 6 (with art. 1(3))S. 215(3A)-(3C) inserted (S.) (18.1.2021 for specified purposes, 1.2.2021 for specified purposes) by Civil Partnership (Scotland) Act 2020 (asp 15), ss. 2(4)(b), 16; S.S.I. 2020/414, reg. 2(1)(a)(2); S.S.I. 2020/457, reg. 2(a)Words in s. 1(1) omitted (E.W.) (2.12.2019) by virtue of The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), regs. 1(2), 3; (N.I.) (13.1.2020) by virtue of The Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019 (S.I. 2019/1514), regs. 1(2), 16(2) (with regs. 6-9); and (S.) (1.2.2021 for specified purposes, 1.6.2021 in so far as not already in force) by Civil Partnership (Scotland) Act 2020 (asp 15), ss. 1(2), 16; S.S.I. 2020/414, reg. 2(1)(a)(2); S.S.I. 2021/23, reg. 2, sch. (with reg. 3)S. 212(1)(b)(i) omitted (E.W.) (2.12.2019) by virtue of The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), regs. 1(2), 5(2); (N.I.) (13.1.2020) by virtue of The Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019 (S.I. 2019/1514), regs. 1(2), 17(2)(a) (with regs. 6-9); and (S.) (1.2.2021 for specified purposes, 1.6.2021 in so far as not already in force) by Civil Partnership (Scotland) Act 2020 (asp 15), ss. 2(2), 16; S.S.I. 2020/414, reg. 2(1)(a)(2); S.S.I. 2021/23, reg. 2, sch. (with reg. 3)Words in s. 213(1) substituted (E.W.) (2.12.2019) by The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), regs. 1(2), 5(3)(a); (N.I.) (13.1.2020) by The Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019 (S.I. 2019/1514), regs. 1(2), 17(3)(a) (with regs. 6-9); and (S.) (1.2.2021 for specified purposes, 1.6.2021 in so far as not already in force) by Civil Partnership (Scotland) Act 2020 (asp 15), ss. 2(3)(a), 16; S.S.I. 2020/414, reg. 2(1)(a)(2); S.S.I. 2021/23, reg. 2, sch. (with reg. 3)Words in s. 213(2) inserted (S.) (1.2.2021 for specified purposes, 1.6.2021 in so far as not already in force) by Civil Partnership (Scotland) Act 2020 (asp 15), ss. 2(3)(b), 16; S.S.I. 2020/414, reg. 2(1)(a)(2); S.S.I. 2021/23, reg. 2, sch. (with reg. 3)Words in s. 213(3) inserted (E.W.) (2.12.2019) by The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), regs. 1(2), 5(3)(b); (N.I.) (13.1.2020) by The Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019 (S.I. 2019/1514), regs. 1(2), 17(3)(b) (with regs. 6-9); and (S.) (1.2.2021 for specified purposes, 1.6.2021 in so far as not already in force) by Civil Partnership (Scotland) Act 2020 (asp 15), ss. 2(3)(c), 16; S.S.I. 2020/414, reg. 2(1)(a)(2); S.S.I. 2021/23, reg. 2, sch. (with reg. 3)Words in s. 213(5) inserted (S.) (1.2.2021 for specified purposes, 1.6.2021 in so far as not already in force) by Civil Partnership (Scotland) Act 2020 (asp 15), ss. 2(3)(d), 16; S.S.I. 2020/414, reg. 2(1)(a)(2); S.S.I. 2021/23, reg. 2, sch. (with reg. 3)Words in s. 213(6) inserted (S.) (1.2.2021 for specified purposes, 1.6.2021 in so far as not already in force) by Civil Partnership (Scotland) Act 2020 (asp 15), ss. 2(3)(e), 16; S.S.I. 2020/414, reg. 2(1)(a)(2); S.S.I. 2021/23, reg. 2, sch. (with reg. 3)Words in s. 215(2) substituted for “subsection (3)” (E.W.) (2.12.2019) by The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), regs. 1(2), 5(4)(a)Word in s. 215(6) omitted (E.W.) (2.12.2019) by virtue of The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), regs. 1(2), 5(4)(c); (N.I.) (13.1.2020) by virtue of The Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019 (S.I. 2019/1514), regs. 1(2), 17(4)(c) (with regs. 6-9); and (S.) (1.2.2021 for specified purposes, 1.6.2021 in so far as not already in force) by virtue of Civil Partnership (Scotland) Act 2020 (asp 15), ss. 2(4)(c), 16; S.S.I. 2020/414, reg. 2(1)(a)(2); S.S.I. 2021/23, reg. 2, sch. (with reg. 3)S. 216 omitted (E.W.) (2.12.2019) by virtue of The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), regs. 1(2), 5(5); (N.I.) (13.1.2020) by virtue of The Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019 (S.I. 2019/1514), regs. 1(2), 17(5) (with regs. 6-9); and (S.) (1.2.2021 for specified purposes, 1.6.2021 in so far as not already in force) by virtue of Civil Partnership (Scotland) Act 2020 (asp 15), ss. 2(5), 16; S.S.I. 2020/414, reg. 2(1)(a)(2); S.S.I. 2021/23, reg. 2, sch. (with reg. 3)S. 121A inserted (1.2.2021 for specified purposes, 1.6.2021 in so far as not already in force) by Civil Partnership (Scotland) Act 2020 (asp 15), ss. 11(2), 16; S.S.I. 2020/414, reg. 2(1)(c); S.S.I. 2021/23, reg. 2, sch. (with reg. 3)Words in s. 126(4) substituted (1.2.2021 for specified purposes, 1.6.2021 in so far as not already in force) by Civil Partnership (Scotland) Act 2020 (asp 15), ss. 11(3), 16; S.S.I. 2020/414, reg. 2(1)(c); S.S.I. 2021/23, reg. 2, sch. (with reg. 3)S. 213(7)(8) inserted (18.1.2021 for specified purposes, 1.2.2021 for specified purposes, 1.6.2021 in so far as not already in force) by Civil Partnership (Scotland) Act 2020 (asp 15), ss. 2(3)(f), 16; S.S.I. 2020/414, reg. 2(1)(a)(2); S.S.I. 2020/457, reg. 2(a); S.S.I. 2021/23, reg. 2, sch. (with reg. 3)S. 94A(2A)(2B) inserted (18.1.2021 for specified purposes, 1.6.2021 for specified purposes) by Civil Partnership (Scotland) Act 2020 (asp 15), ss. 7(2)(b), 16; S.S.I. 2020/457, reg. 2(b); S.S.I. 2021/23, reg. 2, sch. (with reg. 3)Words in s. 126(4) inserted (18.1.2021 for specified purposes, 1.6.2021 in so far as not already in force) by Civil Partnership (Scotland) Act 2020 (asp 15), ss. 7(2)(f), 16; S.S.I. 2020/457, reg. 2(b); S.S.I. 2021/23, reg. 2, sch. (with reg. 3)S. 86(1)(a) repealed (1.6.2021) by Civil Partnership (Scotland) Act 2020 (asp 15), ss. 6(2), 16; S.S.I. 2021/23, reg. 2, sch. (with reg. 3)Words in s. 94A(1) inserted (1.6.2021) by Civil Partnership (Scotland) Act 2020 (asp 15), ss. 7(2)(a)(i), 16; S.S.I. 2021/23, reg. 2, sch. (with reg. 3)Words in s. 94A(1)(a)(i) inserted (1.6.2021) by Civil Partnership (Scotland) Act 2020 (asp 15), ss. 7(2)(a)(ii), 16; S.S.I. 2021/23, reg. 2, sch. (with reg. 3)Words in s. 94A(1)(a)(ii) inserted (1.6.2021) by Civil Partnership (Scotland) Act 2020 (asp 15), ss. 7(2)(a)(iii), 16; S.S.I. 2021/23, reg. 2, sch. (with reg. 3)Words in s. 94A(1)(a)(iii) inserted (1.6.2021) by Civil Partnership (Scotland) Act 2020 (asp 15), ss. 7(2)(a)(iv), 16; S.S.I. 2021/23, reg. 2, sch. (with reg. 3)Words in s. 94A(3) substituted (1.6.2021) by Civil Partnership (Scotland) Act 2020 (asp 15), ss. 7(2)(c)(i), 16; S.S.I. 2021/23, reg. 2, sch. (with reg. 3)Words in s. 94A(3)(a) inserted (1.6.2021) by Civil Partnership (Scotland) Act 2020 (asp 15), ss. 7(2)(c)(ii), 16; S.S.I. 2021/23, reg. 2, sch. (with reg. 3)Words in s. 94A(3)(b) inserted (1.6.2021) by Civil Partnership (Scotland) Act 2020 (asp 15), ss. 7(2)(c)(iii), 16; S.S.I. 2021/23, reg. 2, sch. (with reg. 3)Words in s. 94A(3)(c) inserted (1.6.2021) by Civil Partnership (Scotland) Act 2020 (asp 15), ss. 7(2)(c)(iv), 16; S.S.I. 2021/23, reg. 2, sch. (with reg. 3)Words in s. 94A(3)(d) inserted (1.6.2021) by Civil Partnership (Scotland) Act 2020 (asp 15), ss. 7(2)(c)(v), 16; S.S.I. 2021/23, reg. 2, sch. (with reg. 3)Words in s. 94A(4)(a) inserted (1.6.2021) by Civil Partnership (Scotland) Act 2020 (asp 15), ss. 7(2)(d), 16; S.S.I. 2021/23, reg. 2, sch. (with reg. 3)S. 94B(1A) inserted (1.6.2021) by Civil Partnership (Scotland) Act 2020 (asp 15), ss. 8(2)(b), 16; S.S.I. 2021/23, reg. 2, sch. (with reg. 3)Words in s. 94B(1) inserted (1.6.2021) by Civil Partnership (Scotland) Act 2020 (asp 15), ss. 8(2)(a), 16; S.S.I. 2021/23, reg. 2, sch. (with reg. 3)Words in s. 94B(2) inserted (1.6.2021) by Civil Partnership (Scotland) Act 2020 (asp 15), ss. 8(2)(c)(i), 16; S.S.I. 2021/23, reg. 2, sch. (with reg. 3)Words in s. 94B(2) inserted (1.6.2021) by Civil Partnership (Scotland) Act 2020 (asp 15), ss. 8(2)(c)(ii), 16; S.S.I. 2021/23, reg. 2, sch. (with reg. 3)Words in s. 94B(6)(a) inserted (1.6.2021) by Civil Partnership (Scotland) Act 2020 (asp 15), ss. 8(2)(d)(i), 16; S.S.I. 2021/23, reg. 2, sch. (with reg. 3)Words in s. 94B(6)(b) inserted (1.6.2021) by Civil Partnership (Scotland) Act 2020 (asp 15), ss. 8(2)(d)(ii), 16; S.S.I. 2021/23, reg. 2, sch. (with reg. 3)S. 94B(6A) inserted (1.6.2021) by Civil Partnership (Scotland) Act 2020 (asp 15), ss. 8(2)(e), 16; S.S.I. 2021/23, reg. 2, sch. (with reg. 3)Words in s. 94C(1)(b) inserted (1.6.2021) by Civil Partnership (Scotland) Act 2020 (asp 15), ss. 8(3)(a), 16; S.S.I. 2021/23, reg. 2, sch. (with reg. 3)Words in s. 94C(5) inserted (1.6.2021) by Civil Partnership (Scotland) Act 2020 (asp 15), ss. 8(3)(b), 16; S.S.I. 2021/23, reg. 2, sch. (with reg. 3)S. 94E(2A) inserted (1.6.2021) by Civil Partnership (Scotland) Act 2020 (asp 15), ss. 9(2)(a), 16; S.S.I. 2021/23, reg. 2, sch. (with reg. 3)Words in s. 94E(3) inserted (1.6.2021) by Civil Partnership (Scotland) Act 2020 (asp 15), ss. 9(2)(b), 16; S.S.I. 2021/23, reg. 2, sch. (with reg. 3)S. 94E(3A) inserted (1.6.2021) by Civil Partnership (Scotland) Act 2020 (asp 15), ss. 9(2)(c), 16; S.S.I. 2021/23, reg. 2, sch. (with reg. 3)S. 225(3A) inserted (1.6.2021) by Civil Partnership (Scotland) Act 2020 (asp 15), s. 16, sch. 2 para. 6(4)(a); S.S.I. 2021/23, reg. 2, sch. (with reg. 3)Words in s. 225(4) repealed (1.6.2021) by Civil Partnership (Scotland) Act 2020 (asp 15), s. 16, sch. 2 para. 6(4)(b)(i); S.S.I. 2021/23, reg. 2, sch. (with reg. 3)Word in s. 225(4) substituted (1.6.2021) by Civil Partnership (Scotland) Act 2020 (asp 15), s. 16, sch. 2 para. 6(4)(b)(ii); S.S.I. 2021/23, reg. 2, sch. (with reg. 3)Words in s. 237(2)(b)(ii) substituted: (E.W.) (2.12.2019) by The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), regs. 1(2), 39; (N.I.) (13.1.2020) by The Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019 (S.I. 2019/1514), regs. 1(2), 17(6) (with regs. 6-9); and (S.) (1.6.2021) by Civil Partnership (Scotland) Act 2020 (asp 15), s. 16, sch. 2 para. 6(5); S.S.I. 2021/23, reg. 2, sch. (with reg. 3)S. 9(1A) inserted (1.7.2021) by The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1309), regs. 1(2)(c), 16(2)S. 30A(aa)(ab) inserted (1.7.2021) by The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1309), regs. 1(2)(c), 16(3)(a) (with Sch. 5 para. 9(1))S. 30A(b)(c) omitted (1.7.2021) by virtue of The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1309), regs. 1(2)(c), 16(3)(b) (with Sch. 5 para. 9(1))S. 88(2A) inserted (1.7.2021) by The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1309), regs. 1(2)(c), 16(4)S. 215(2): the words “subsections (3) and (3A)” substituted for the words “subsection (3)” (S.) (1.2.2021 for specified purposes, 1.6.2021 in so far as not already in force) by Civil Partnership (Scotland) Act 2020 (asp 15), ss. 2(4)(a), 16; S.S.I. 2020/414, reg. 2(1)(a)(2); S.S.I. 2021/23, reg. 2, sch. (with reg. 3)S. 215(2): the words “subsections (3) and (5B)” substituted for the words “subsection (3)” (N.I.) (13.1.2020) by The Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019 (S.I. 2019/1514), regs. 1(2), 17(4)(a) (with regs. 6-9)S. 97A inserted (30.11.2021) by Civil Partnership (Scotland) Act 2020 (asp 15), ss. 10(2), 16; S.S.I. 2021/351, reg. 2, sch. (with reg. 3)Words in s. 117(2)(b) inserted (30.11.2021) by Civil Partnership (Scotland) Act 2020 (asp 15), s. 16, sch. 2 para. 6(2)(a); S.S.I. 2021/351, reg. 2, sch. (with reg. 3)S. 117(3A) inserted (30.11.2021) by Civil Partnership (Scotland) Act 2020 (asp 15), s. 16, sch. 2 para. 6(2)(b); S.S.I. 2021/351, reg. 2, sch. (with reg. 3)Words in s. 44(1) substituted (25.6.2020 for specified purposes, 6.4.2022 in so far as not already in force) by Divorce, Dissolution and Separation Act 2020 (c. 11), ss. 3(2), 8(3)(b) (with s. 8(7)); S.I. 2022/283, reg. 2S. 44(1A) inserted (25.6.2020 for specified purposes, 6.4.2022 in so far as not already in force) by Divorce, Dissolution and Separation Act 2020 (c. 11), ss. 3(3), 8(3)(b) (with s. 8(7)); S.I. 2022/283, reg. 2S. 44(2) omitted (25.6.2020 for specified purposes, 6.4.2022 in so far as not already in force) by virtue of Divorce, Dissolution and Separation Act 2020 (c. 11), ss. 3(4), 8(3)(b) (with s. 8(7)); S.I. 2022/283, reg. 2S. 44(3) omitted (25.6.2020 for specified purposes, 6.4.2022 in so far as not already in force) by virtue of Divorce, Dissolution and Separation Act 2020 (c. 11), ss. 3(4), 8(3)(b) (with s. 8(7)); S.I. 2022/283, reg. 2S. 44(4) substituted (25.6.2020 for specified purposes, 6.4.2022 in so far as not already in force) by Divorce, Dissolution and Separation Act 2020 (c. 11), ss. 3(5), 8(3)(b) (with s. 8(7)); S.I. 2022/283, reg. 2S. 44(5) omitted (25.6.2020 for specified purposes, 6.4.2022 in so far as not already in force) by virtue of Divorce, Dissolution and Separation Act 2020 (c. 11), ss. 3(6), 8(3)(b) (with s. 8(7)); S.I. 2022/283, reg. 2S. 44(6) inserted (25.6.2020 for specified purposes, 6.4.2022 in so far as not already in force) by Divorce, Dissolution and Separation Act 2020 (c. 11), ss. 3(7), 8(3)(b) (with s. 8(7)); S.I. 2022/283, reg. 2S. 37A inserted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), ss. 4(3), 8(1)(8) (with s. 8(7)); S.I. 2022/283, reg. 2S. 38 heading substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), ss. 4(4)(a), 8(1)(8) (with s. 8(7)); S.I. 2022/283, reg. 2Words in s. 48 heading omitted (6.4.2022) by virtue of Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 41(a) (with s. 8(7)); S.I. 2022/283, reg. 2S. 37(2) omitted (6.4.2022) by virtue of Divorce, Dissolution and Separation Act 2020 (c. 11), ss. 4(2), 8(1)(8) (with s. 8(7)); S.I. 2022/283, reg. 2S. 38(A1) inserted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), ss. 4(4)(b), 8(1)(8) (with s. 8(7)); S.I. 2022/283, reg. 2Words in s. 38(1) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), ss. 4(4)(c), 8(1)(8) (with s. 8(7)); S.I. 2022/283, reg. 2Words in s. 38(2) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), ss. 4(4)(d), 8(1)(8) (with s. 8(7)); S.I. 2022/283, reg. 2Words in s. 40(4)(a) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 35(a) (with s. 8(7)); S.I. 2022/283, reg. 2Words in s. 40(4)(b) omitted (6.4.2022) by virtue of Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 35(b) (with s. 8(7)); S.I. 2022/283, reg. 2S. 41(2) omitted (6.4.2022) by virtue of Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 36 (with s. 8(7)); S.I. 2022/283, reg. 2Words in s. 42(2) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 37 (with s. 8(7)); S.I. 2022/283, reg. 2S. 45 omitted (6.4.2022) by virtue of Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 38 (with s. 8(7)); S.I. 2022/283, reg. 2S. 46 omitted (6.4.2022) by virtue of Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 39 (with s. 8(7)); S.I. 2022/283, reg. 2S. 47 omitted (6.4.2022) by virtue of Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 40 (with s. 8(7)); S.I. 2022/283, reg. 2S. 48(1) omitted (6.4.2022) by virtue of Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 41(b) (with s. 8(7)); S.I. 2022/283, reg. 2S. 48(2) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 41(c) (with s. 8(7)); S.I. 2022/283, reg. 2Words in s. 56(1) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), ss. 5(2), 8(1)(8) (with s. 8(7)); S.I. 2022/283, reg. 2S. 56(1A) inserted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), ss. 5(3), 8(1)(8) (with s. 8(7)); S.I. 2022/283, reg. 2S. 56(2) omitted (6.4.2022) by virtue of Divorce, Dissolution and Separation Act 2020 (c. 11), ss. 5(4), 8(1)(8) (with s. 8(7)); S.I. 2022/283, reg. 2S. 56(3) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), ss. 5(5), 8(1)(8) (with s. 8(7)); S.I. 2022/283, reg. 2S. 56(4) omitted (6.4.2022) by virtue of Divorce, Dissolution and Separation Act 2020 (c. 11), ss. 5(6), 8(1)(8) (with s. 8(7)); S.I. 2022/283, reg. 2S. 62 omitted (6.4.2022) by virtue of Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. para. 42 (with s. 8(7)); S.I. 2022/283, reg. 2Words in s. 149(3)(b) substituted (1.4.2022) by Health and Social Care Act (Northern Ireland) 2022 (c. 3 (N.I.)), s. 8(1)(b), Sch. 1 para. 209(2); S.R. 2022/102, art. 2(b)S. 98 modified (24.3.2016) by The Gender Recognition (Marriage and Civil Partnership Registration) (Modification) (Scotland) Order 2016 (S.S.I. 2016/67), arts. 1, 4 (as amended (23.9.2022) by The Gender Recognition (Marriage and Civil Partnership Registration) (Modification) (Scotland) Amendment Order 2022 (S.S.I. 2022/202), arts. 1, 2(2))S. 95(3ZA) inserted (25.1.2023) by Coronavirus (Recovery and Reform) (Scotland) Act 2022 (asp 8), ss. 29(2), 59(4)(5); S.S.I. 2023/3, reg. 2Word in s. 3(1)(c) substituted (27.2.2023) by Marriage and Civil Partnership (Minimum Age) Act 2022 (c. 28), ss. 3(2), 7(1) (with s. 8); S.I. 2023/88, reg. 2 (with regs. 3-17)S. 4 omitted (27.2.2023) by virtue of Marriage and Civil Partnership (Minimum Age) Act 2022 (c. 28), ss. 3(3), 7(1) (with s. 8); S.I. 2023/88, reg. 2 (with regs. 3-17)Word in s. 5(3)(a) omitted (27.2.2023) by virtue of Marriage and Civil Partnership (Minimum Age) Act 2022 (c. 28), s. 7(1), Sch. para. 4(2)(a) (with s. 8); S.I. 2023/88, reg. 2 (with regs. 3-17)S. 5(3)(b) omitted (27.2.2023) by virtue of Marriage and Civil Partnership (Minimum Age) Act 2022 (c. 28), s. 7(1), Sch. para. 4(2)(b) (with s. 8); S.I. 2023/88, reg. 2 (with regs. 3-17)Word in s. 31(1)(a) inserted (27.2.2023) by Marriage and Civil Partnership (Minimum Age) Act 2022 (c. 28), s. 7(1), Sch. para. 4(3)(a)(i) (with s. 8); S.I. 2023/88, reg. 2 (with regs. 3-17)Word in s. 31(1)(b) omitted (27.2.2023) by virtue of Marriage and Civil Partnership (Minimum Age) Act 2022 (c. 28), s. 7(1), Sch. para. 4(3)(a)(ii) (with s. 8); S.I. 2023/88, reg. 2 (with regs. 3-17)S. 31(1)(c) omitted (27.2.2023) by virtue of Marriage and Civil Partnership (Minimum Age) Act 2022 (c. 28), s. 7(1), Sch. para. 4(3)(a)(iii) (with s. 8); S.I. 2023/88, reg. 2 (with regs. 3-17)Words in s. 31(2)(d) omitted (27.2.2023) by virtue of Marriage and Civil Partnership (Minimum Age) Act 2022 (c. 28), s. 7(1), Sch. para. 4(3)(b) (with s. 8); S.I. 2023/88, reg. 2 (with regs. 3-17)Words in s. 32(2)(d) omitted (27.2.2023) by virtue of Marriage and Civil Partnership (Minimum Age) Act 2022 (c. 28), s. 7(1), Sch. para. 4(4) (with s. 8); S.I. 2023/88, reg. 2 (with regs. 3-17)Words in s. 33(5) omitted (27.2.2023) by virtue of Marriage and Civil Partnership (Minimum Age) Act 2022 (c. 28), s. 7(1), Sch. para. 4(5)(a) (with s. 8); S.I. 2023/88, reg. 2 (with regs. 3-17)Words in s. 33(7) omitted (27.2.2023) by virtue of Marriage and Civil Partnership (Minimum Age) Act 2022 (c. 28), s. 7(1), Sch. para. 4(5)(b) (with s. 8); S.I. 2023/88, reg. 2 (with regs. 3-17)Word in s. 49(a) inserted (27.2.2023) by Marriage and Civil Partnership (Minimum Age) Act 2022 (c. 28), s. 7(1), Sch. para. 4(6)(a) (with s. 8); S.I. 2023/88, reg. 2 (with regs. 3-17)Word in s. 49(b)(vi) omitted (27.2.2023) by virtue of Marriage and Civil Partnership (Minimum Age) Act 2022 (c. 28), s. 7(1), Sch. para. 4(6)(b) (with s. 8); S.I. 2023/88, reg. 2 (with regs. 3-17)S. 49(c) omitted (27.2.2023) by virtue of Marriage and Civil Partnership (Minimum Age) Act 2022 (c. 28), s. 7(1), Sch. para. 4(6)(c) (with s. 8); S.I. 2023/88, reg. 2 (with regs. 3-17)S. 52(1)(a) omitted (27.2.2023) by virtue of Marriage and Civil Partnership (Minimum Age) Act 2022 (c. 28), s. 7(1), Sch. para. 4(7)(a) (with s. 8); S.I. 2023/88, reg. 2 (with regs. 3-17)S. 52(2) omitted (27.2.2023) by virtue of Marriage and Civil Partnership (Minimum Age) Act 2022 (c. 28), s. 7(1), Sch. para. 4(7)(b) (with s. 8); S.I. 2023/88, reg. 2 (with regs. 3-17)Word in s. 54(1)(a) omitted (27.2.2023) by virtue of Marriage and Civil Partnership (Minimum Age) Act 2022 (c. 28), ss. 4(2)(a)(i), 7(1) (with s. 8); S.I. 2023/88, reg. 2 (with regs. 3-17)Word in s. 54(2)(a) omitted (27.2.2023) by virtue of Marriage and Civil Partnership (Minimum Age) Act 2022 (c. 28), ss. 4(2)(b)(i), 7(1) (with s. 8); S.I. 2023/88, reg. 2 (with regs. 3-17)S. 54(2)(aa) inserted (27.2.2023) by Marriage and Civil Partnership (Minimum Age) Act 2022 (c. 28), ss. 4(2)(b)(ii), 7(1) (with s. 8); S.I. 2023/88, reg. 2 (with regs. 3-17)S. 54(1)(aa) inserted (27.2.2023) by Marriage and Civil Partnership (Minimum Age) Act 2022 (c. 28), ss. 4(2)(a)(ii), 7(1) (with s. 8); S.I. 2023/88, reg. 2 (with regs. 3-17)Word in s. 54(2A)(a) omitted (27.2.2023) by virtue of Marriage and Civil Partnership (Minimum Age) Act 2022 (c. 28), ss. 4(2)(c)(i), 7(1) (with s. 8); S.I. 2023/88, reg. 2 (with regs. 3-17)S. 54(2A)(aa) inserted (27.2.2023) by Marriage and Civil Partnership (Minimum Age) Act 2022 (c. 28), ss. 4(2)(c)(ii), 7(1) (with s. 8); S.I. 2023/88, reg. 2 (with regs. 3-17)Word in s. 80(1)(b) inserted (27.2.2023) by Marriage and Civil Partnership (Minimum Age) Act 2022 (c. 28), s. 7(1), Sch. para. 4(8)(a) (with s. 8); S.I. 2023/88, reg. 2 (with regs. 3-17)S. 80(1)(c) omitted (27.2.2023) by virtue of Marriage and Civil Partnership (Minimum Age) Act 2022 (c. 28), s. 7(1), Sch. para. 4(8)(b) (with s. 8); S.I. 2023/88, reg. 2 (with regs. 3-17)Word in s. 217(2)(a) substituted (27.2.2023) by Marriage and Civil Partnership (Minimum Age) Act 2022 (c. 28), ss. 4(3), 7(1) (with s. 8); S.I. 2023/88, reg. 2 (with regs. 3-17)S. 122 heading substituted (30.11.2023) by Civil Partnership (Scotland) Act 2020 (asp 15), s. 16, sch. 2 para. 6(3)(c); S.S.I. 2023/146, reg. 2, sch.Words in s. 122(1) inserted (30.11.2023) by Civil Partnership (Scotland) Act 2020 (asp 15), s. 16, sch. 2 para. 6(3)(a); S.S.I. 2023/146, reg. 2, sch.Words in s. 122(5) inserted (30.11.2023) by Civil Partnership (Scotland) Act 2020 (asp 15), s. 16, sch. 2 para. 6(3)(b); S.S.I. 2023/146, reg. 2, sch.S. 3(1A)(1B) inserted (2.8.2024) by Victims and Prisoners Act 2024 (c. 21), ss. 76(3), 81(2); S.I. 2024/846, reg. 2(b)S. 3(3)(4) inserted (2.8.2024) by Victims and Prisoners Act 2024 (c. 21), ss. 76(4), 81(2); S.I. 2024/846, reg. 2(b)Word in s. 3(1)(c) omitted (2.8.2024) by virtue of Victims and Prisoners Act 2024 (c. 21), ss. 76(2)(a), 81(2); S.I. 2024/846, reg. 2(b)S. 3(1)(e) and word inserted (2.8.2024) by Victims and Prisoners Act 2024 (c. 21), ss. 76(2)(b), 81(2); S.I. 2024/846, reg. 2(b)Words in s. 9F inserted (2.8.2024) by Victims and Prisoners Act 2024 (c. 21), ss. 76(5), 81(2); S.I. 2024/846, reg. 2(b)S. 19(5A)(5B) inserted (2.8.2024) by Victims and Prisoners Act 2024 (c. 21), ss. 76(8), 81(2); S.I. 2024/846, reg. 2(b)S. 19(7A) inserted (2.8.2024) by Victims and Prisoners Act 2024 (c. 21), ss. 76(9), 81(2); S.I. 2024/846, reg. 2(b)S. 102(8A) inserted (1.4.2025) by Moveable Transactions (Scotland) Act 2023 (asp 3), ss. 56(2), 121(2); S.S.I. 2024/378, reg. 2Words in s. 103(2) inserted (1.4.2025) by Moveable Transactions (Scotland) Act 2023 (asp 3), ss. 56(3), 121(2); S.S.I. 2024/378, reg. 2S. 103(10) inserted (1.4.2025) by Moveable Transactions (Scotland) Act 2023 (asp 3), ss. 56(5), 121(2); S.S.I. 2024/378, reg. 2Words in s. 106(2) inserted (1.4.2025) by Moveable Transactions (Scotland) Act 2023 (asp 3), ss. 56(6), 121(2); S.S.I. 2024/378, reg. 2S. 108(5) inserted (1.4.2025) by Moveable Transactions (Scotland) Act 2023 (asp 3), ss. 56(8), 121(2); S.S.I. 2024/378, reg. 2S. 108 heading substituted (1.4.2025) by Moveable Transactions (Scotland) Act 2023 (asp 3), ss. 56(9), 121(2); S.S.I. 2024/378, reg. 2Word in s. 19(4)(a) omitted (27.5.2025) by virtue of Victims and Prisoners Act 2024 (c. 21), ss. 76(7)(a), 81(2); S.I. 2025/441, reg. 4(b)S. 19(4)(c) and word inserted (27.5.2025) by Victims and Prisoners Act 2024 (c. 21), ss. 76(7)(b), 81(2); S.I. 2025/441, reg. 4(b)