The Civil Partnership (Registration Provisions) (Amendment) Regulations 2011

Statutory Instruments

2011 No. 1171

Civil Partnership, England And Wales

The Civil Partnership (Registration Provisions) (Amendment) Regulations 2011

Made

26th April 2011

Coming into force in accordance with regulation 1(2)

The Registrar General, in exercise of the powers conferred by sections 8(2) and 36(2)(a) and (3) of the Civil Partnership Act 2004(1), with the approval of the Secretary of State(2) makes the following Regulations:

Citation and commencement

1.—(1) These Regulations may be cited as the Civil Partnership (Registration Provisions) (Amendment) Regulations 2011.

(2) These Regulations shall come into force on the day on which the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (Remedial) Order 2011(3) comes into force.

Amendment to the Civil Partnership (Registration Provisions) Regulations 2005

2.—(1) The Civil Partnership (Registration Provisions) Regulations 2005(4) are amended as follows.

(2) In Schedule 2 (prescribed forms) —

(a) for Form 3 (notice of civil partnership given by a party who is subject to immigration control and where both parties are aged eighteen or over) substitute Form 3 in the Schedule to these Regulations;

(b) for Form 3(w) (notice of civil partnership (Welsh translation) given by a party who is subject to immigration control and where both parties are aged eighteen or over) substitute Form 3(w) in the Schedule to these Regulations;

(c) for Form 4 (notice of civil partnership given by a party who is subject to immigration control and where either party is, or both parties are, aged under 18) substitute Form 4 in the Schedule to these Regulations; and

(d) for Form 4(w) (notice of civil partnership (Welsh translation) given by a party who is subject to immigration control and where either party is, or both parties are, aged under 18) substitute Form 4(w) in the Schedule to these Regulations.

Made by

Sarah Rapson

Registrar General

26th April 2011

I approve

Damian Green

Minister of State

Home Office

25th April 2011

Regulation 2(a)

SCHEDULE

Regulation 2(b)

Regulation 2(c)

Regulation 2(d)

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Civil Partnership (Registration Provisions) Regulations 2005 to reflect the amendments made to the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 by the Remedial Order made under section 10(2) of the Human Rights Act 1998 following judgement in the case of “Baiai and others v Secretary of State for the Home Department [2006] EWHC 823 QB”. The amendments in these Regulations remove the declaration on the forms giving notice of civil partnership which require a person subject to immigration control to provide evidence of eligibility.

(1)

2004 c.33.

(2)

The function of approving regulations was transferred to the Secretary of State for the Home Department by article 3(1) and paragraph 14(d) of Schedule 1 to the Transfer of Functions (Registration) Order 2008 (S.I. 2008/678).

(3)

S.I. 2011/1158.

(4)

S.I. 2005/3176.