Part 3

Civil partnership: Scotland
Chapter 2

Registration

Further provision as to registration
95
1
Before 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.
1A
In 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.
2
As soon as practicable after—
a
in the case of a civil registration, the civil partnership schedule has been signed in accordance with section 85, or
b
in 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.
3
The form and content of any page of that register is to be prescribed.
3ZA
A civil partnership register may, if the Registrar General so determines, be electronic rather than paper-based.
3A
The 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.
3B
Where the Registrar General is satisfied that—
a
a civil partnership has been properly registered, and
b
the 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.
3C
As 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.
4
A fee payable by the intended civil partners for their civil registration as civil partners of each other is to be prescribed.
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. 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.
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. 2