Part 3

Civil partnership: Scotland
Chapter 2

Registration

Referral of proposed civil partnership to the Secretary of State
88F
1
On 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.
2
But this section does not apply if section 96 applies to the proposed civil partnership.
3
In 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.
4
In a case where—
a
section 88A applies to the notice of proposed civil partnership, and
b
specified 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.
5
If 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—
a
refer the proposed civil partnership to the Secretary of State;
b
notify the parties to the proposed civil partnership that the proposed civil partnership must be referred to the Secretary of State;
c
give the parties to the proposed civil partnership prescribed information about—
i
the effects of the referral;
ii
the requirement under regulations to notify the Secretary of State of changes of address.
6
The 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.
7
If 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.
8
In this section—
a
a 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
.
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))