Civil Partnership Act 2004 (c. 33)

SCHEDULES

[F1 SCHEDULE 3A E+W Modifications if proposed civil partnership referred under section 12A

Textual Amendments

F1 Sch. 3A inserted (1.3.2015) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 4 para. 25 (with Sch. 9 para. 66); S.I. 2015/371, art. 2(1)(f)

No civil partnership schedule to be issued until decision about investigation etc E+W

2 (1) The duty under section 14(1) to issue a civil partnership schedule in respect of the referred civil partnership does not apply unless and until one of the following events occurs. E+W

(2) Event 1 occurs if—

(a) the Secretary of State gives the registration authority or authorities the section 48 notice, and

(b) that notice is of a decision not to investigate whether the referred civil partnership is a sham.

(3) Event 2 occurs if—

(a) the relevant statutory period ends, and

(b) the Secretary of State has not given the registration authority or authorities the section 48 notice.

(4) Event 3 occurs if—

(a) the Secretary of State gives the registration authority or authorities the section 48 notice,

(b) that notice is of a decision to investigate whether the referred civil partnership is a sham,

(c) the Secretary of State gives the registration authority or authorities the section 50 notice, and

(d) that notice is of a decision that both of the parties to the referred civil partnership have complied with the investigation.

(5) Event 4 occurs if—

(a) the 70 day period ends, and

(b) the Secretary of State has not given the registration authority or authorities the section 50 notice.

(6) Event 5 occurs if the Secretary of State gives the registration authority or authorities notice that the duty under section 14(1) is applicable.

(7) The Secretary of State may give a notice for that purpose only if—

(a) the Secretary of State has given the registration authority or authorities the section 48 notice,

(b) that notice is of a decision to investigate whether the referred civil partnership is a sham,

(c) the Secretary of State has given the registration authority or authorities the section 50 notice, and

(d) that notice is of a decision that one or both of the parties to the referred civil partnership have not complied with the investigation.

(8) This paragraph applies in addition to any other requirements applicable to the issue of the civil partnership schedule.

(9) This paragraph is subject to paragraph 4.

(10) In this paragraph—

• “70 day period” has the same meaning as in section 50 of the 2014 Act;

• “relevant statutory period” has the same meaning as in section 48 of the 2014 Act;

• “section 48 notice” means notice under section 48(8) of the 2014 Act;

• “section 50 notice” means notice under section 50(7) of the 2014 Act.]