Part 2Civil partnership: England and Wales
Chapter 1Registration
Supplementary
28Registration authorities
In this Chapter “registration authority” means—
a
in 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;
b
in relation to Wales, a county council or a county borough council.
29Civil partnership registrars
1
A civil partnership registrar is an individual who is designated by a registration authority as a civil partnership registrar for its area.
2
It 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.
3
Each registration authority must inform the Registrar General as soon as is practicable—
a
of any designation it has made of a person as a civil partnership registrar, and
b
of the ending of any such designation.
4
F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
30The Registrar General and the register
1
In this Chapter “the Registrar General” means the Registrar General for England and Wales.
2
The Registrar General must provide a system for keeping any records that relate to civil partnerships and are required by this Chapter to be made.
3
The system may, in particular, enable those records to be kept together with other records kept by the Registrar General.
4
In this Chapter “the register” means the system for keeping records provided under subsection (2).
30ZAF21Religious involvement: protection against compulsion
1
A protected person may not be compelled by any means (including by the enforcement of a contract or a statutory or other legal requirement) to—
a
seek or consent to the approval of religious premises for the purposes of section 6(3A)(a),
b
allow religious premises to be used as the place at which two people register as civil partners of each other under this Part, or
c
provide, arrange, facilitate, participate in, or be present at—
i
an occasion during which two people register as civil partners of each other on religious premises under this Part, or
ii
a 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.
2
In this section—
“protected person” means—
- a
a religious organisation,
- b
a constituent body or part of a religious organisation, or
- c
a person acting on behalf of, or under the auspices of, such an organisation, body or part,
but does not include a civil partnership registrar;
- a
“religious premises” has the meaning given by section 6A(3C).
30AF13Relevant nationals
In this Chapter “relevant national” means—
a
a British citizen,
F22aa
an Irish citizen, or
ab
a person who is not an Irish citizen and who—
i
has 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, or
ii
is 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.
F23b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F23c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
31Offences relating to civil partnership schedule
1
A person commits an offence if he issues a civil partnership schedule knowing that he does so—
a
before the waiting period in relation to each notice of proposed civil partnership has expired, F24or
b
after the end of the applicable period, F25...
F26c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
A 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—
a
at a place other than the place specified in the notices of proposed civil partnership and the civil partnership schedule,
F2aa
on premises that are not approved premises although the signing is purportedly in accordance with section 6(3A)(a),
F12ab
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
in the absence of a civil partnership registrar,
c
before the waiting period in relation to each notice of proposed civil partnership has expired, or
d
even though the civil partnership is void under section 49(b) F27....
3
A person guilty of an offence under subsection (1) or F3(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).
F43A
A 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.
4
A prosecution under this section may not be commenced more than 3 years after the commission of the offence.
32Offences relating to Registrar General’s licence
1
A person commits an offence if—
a
he gives information by way of evidence in response to a requirement under section 22(1), knowing that the information is false;
b
he gives a certificate as provided for by section 22(3), knowing that the certificate is false.
2
A 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—
a
at a place other than the place specified in the licence,
b
in the absence of a civil partnership registrar,
c
after the end of 1 month from the day on which the notice of proposed civil partnership was given, or
d
even though the civil partnership is void under section 49(b) F28....
3
A person guilty of an offence under subsection (1) or (2) is liable—
a
on conviction on indictment, to imprisonment not exceeding 3 years or to a fine (or both);
b
on summary conviction, to a fine not exceeding the statutory maximum.
4
A prosecution under this section may not be commenced more than 3 years after the commission of the offence.
33Offences relating to the recording of civil partnerships
1
A 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.
2
A civil partnership registrar guilty of an offence under subsection (1) is liable—
a
on conviction on indictment, to imprisonment for a term not exceeding 2 years or to a fine (or both);
b
on summary conviction, to a fine not exceeding the statutory maximum;
and on conviction shall cease to be a civil partnership registrar.
3
A person commits an offence if—
a
under 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), but
b
he refuses or without reasonable cause omits to do so.
4
A person guilty of an offence under subsection (3) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
5
A 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) F29....
6
A 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).
7
A 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) F30....
8
A person guilty of an offence under subsection (7) is liable—
a
on conviction on indictment, to imprisonment for a term not exceeding 3 years or to a fine (or both);
b
on summary conviction, to a fine not exceeding the statutory maximum.
9
A prosecution under subsection (5) or (7) may not be commenced more than 3 years after the commission of the offence.
I134Fees
C11
The F5Secretary of State may by order provide for fees F20... to be payable to such persons as may be prescribed by the order in respect of—
a
the giving of a notice of proposed civil partnership and the attestation of the necessary declaration;
b
the making of an application under section 12(1) (application to reduce waiting period);
c
the issue of a Registrar General’s licence;
d
the attendance of the civil partnership registrar when two people sign the civil partnership document;
e
such 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.
F181A
An order under this section may—
a
specify the amount of any fee payable under the order, or
b
set out how such a fee is to be determined.
1B
Subsection (1C) applies where the order provides for a fee to be payable to a registration authority.
1C
The 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.
F192
The order may provide for the reduction, waiver or refund of part or all of a fee whether by conferring a discretion or otherwise.
F63
Where 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)—
a
subsection (1)(d) does not apply, but
b
the 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.
35Power to assimilate provisions relating to civil registration
C21
The F7Secretary of State may by order make—
a
such 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 F8. . . in relation to civil marriage in England and Wales, and
b
such 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).
36Regulations and orders
1
Regulations may make provision supplementing the provisions of this Chapter.
2
Regulations may in particular make provision—
a
relating to the use of Welsh in documents and records relating to civil partnerships;
b
with respect to the retention of documents relating to civil partnerships;
c
prescribing the duties of civil partnership registrars;
d
prescribing the duties of persons in whose presence any declaration is made for the purposes of this Chapter;
e
for the issue by the Registrar General of guidance supplementing any provision made by the regulations.
f
for 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.
F17g
for 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).
C33
4
Any power to make regulations or an order under this Chapter is exercisable by statutory instrument.
5
6
No order may be made under section F169D 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.