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The Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019

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PART 3Civil Partnership: Opposite-sex Couples

Extension of civil partnership to opposite-sex couples

16.—(1) The Civil Partnership Act 2004 is amended as follows.

(2) In section 1(1) (definition of civil partnership), in the words before paragraph (a), omit “of the same sex”.

(3) In section 138(1) (conditions for eligibility to register civil partnership in Northern Ireland), omit paragraph (a) (parties must be of the same sex).

Treatment of opposite-sex overseas relationships as civil partnerships

17.—(1) The Civil Partnership Act 2004 is amended as follows.

(2) In section 212 (meaning of “overseas relationship”)—

(a)in subsection (1)(b) omit sub-paragraph (i) (including the “and”), and

(b)in subsection (1A)(1), after “England and Wales” insert “or to Northern Ireland”.

(3) In section 213 (“specified” overseas relationships)—

(a)in subsection (1), for “by Schedule 20” substitute—

(a)in the case of a relationship registered by two people who under the relevant law are of the same sex when the relationship is registered, by Part 1 of Schedule 20,

(b)in the case of a relationship registered by two people who under the relevant law are not of the same sex when the relationship is registered, by Part 2 of Schedule 20.

(b)in subsection (3), after “this section” insert “amending Part 1 of Schedule 20”, and

(c)after subsection (3) insert—

(3A) No order may be made under this section amending Part 2 of Schedule 20 without the consent of the Department of Finance..

(4) In section 215(2) (overseas relationships treated as civil partnerships: the general rule)—

(a)in subsection (2), for “subsection (3)” substitute “subsections (3) and (5F)”,

(b)before subsection (6) insert—

(5E) In the case of a relationship that is—

(a)an overseas relationship treated as a civil partnership for the purposes of this Act only as a result of the amendments made by the Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019, and

(b)registered (under the relevant law) as having been entered into before 13 January 2020,

subsection (5F) or (as the case may be) subsections (5G) and (5H) apply in place of subsections (3) to (5).

(5F) The time when the two people are treated as having formed a civil partnership is the start of 13 January 2020.

(5G) But if—

(a)before 13 January 2020, a dissolution or annulment of the relationship was obtained outside the United Kingdom, and

(b)the dissolution or annulment would be recognised under Chapter 3 if the overseas relationship had been treated as a civil partnership at the time of the dissolution or annulment,

subsection (5F) does not apply and subsections (1) and (2) have effect subject to subsection (5H).

(5H) The overseas relationship is not to be treated as having been a civil partnership for the purposes of any provision except—

(a)Schedules 7, 11 and 17;

(b)such provisions as are specified (with or without modifications) in regulations under section 8 of the Northern Ireland (Executive Formation etc) Act 2019;

(c)Chapter 3 (so far as necessary for the purposes of paragraphs (a) and (b))., and

(c)in subsection (6) omit “216,”.

(5) Omit section 216 (the same-sex requirement).

(6) In section 237(2)(b)(ii)(3) (regulation about recognition of dissolution etc where civil partnership not recognised under law of civil partner’s domicile), for “legal relationships between two people of the same sex” substitute “relationships of the sort that the civil partnership in question is (whether generally, between two persons of the same sex, or between two persons of the opposite sex)”.

(7) In Schedule 20—

(a)the existing text becomes Part 1,

(b)in that Part—

(i)in the words before the table, for “213 (meaning of “overseas relationship)” substitute “213(1)(a) (specified relationships between two people of the same sex)”, and

(ii)in the table, omit columns 1 and 2 of the entry for the relationship of marriage for each of Argentina, Belgium, Brazil, Canada, Denmark, Iceland, Mexico: Mexico City Federal District, Netherlands, Norway, Portugal, South Africa, Spain, Sweden, United States of America: California, United States of America: Connecticut, United States of America: District of Columbia, United States of America: Iowa, United States of America: Massachusetts, United States of America: New Hampshire, United States of America: New York and United States of America: Vermont, and

(c)after that Part insert as Part 2 the following provision—

PART 2Opposite-sex relationships

A relationship is specified for the purposes of section 213(1)(b) (specified relationships between two people who are not of the same sex) if it is registered in a country or territory given in the first column of the table and fits the description given in relation to that country or territory in the second column—

Country or territoryDescription
Andorrauniό estable de parella
Argentinaunión convivencial
Arubageregistreerd partnerschap
Australia: Australian Capital Territorycivil partnership
Australia: New South Walesa relationship registered under the Relationships Register Act 2010
Australia: Queenslandcivil partnership
Australia: South Australiaregistered relationship
Australia: Tasmaniasignificant relationship
Australia: Victoriaregistered domestic relationship
Austriaeingetragene Partnerschaft
Belgiumthe relationship referred to as cohabitation légale, wettelijke samenwoning or gesetzliches Zusammenwohnen
Bermudadomestic partnership
Brazilunião estável
Canada: Albertaadult interdependent partner
Canada: Manitobathe relationship referred to as common-law relationship or as union de fait
Canada: Nova Scotiadomestic partnership
Canada: Quebecunion civile
Chileunión civil
Colombiaunión marital de hecho
Cypruspolitiki symviosi
Ecuadorunión de hecho
Estoniakooselulepingu
Falkland Islandscivil partnership
Francepacte civil de solidarité
Gibraltarcivil partnership
Greecesimfono simviosis
Isle of Mancivil partnership
Israelcivil union
Luxembourgthe relationship referred to as partenariat enregistré or eingetragene Partnerschaft
Maltacivil union
Mexico: Campechesociedad civil de Convivencia
Mexico: Coahuilapacto civil de solidaridad
Mexico: Mexico City Federal Districtsociedad de convivencia
Mexico: Michoacánsociedad de Convivencia
Mexico: Tlaxcalasociedad de convivencia solidaria
Netherlandsgeregistreerd partnerschap
New Zealandcivil union
San Marinounione civile
South Africacivil partnership
Spain: Balearic Islandspareja estable
Spain: Basque Countrypareja de hecho
Spain: Galiciapareja de hecho
United States of America: Californiadomestic partnership
United States of America: Coloradocivil union
United States of America: District of Columbiadomestic partnership
United States of America: Hawaiicivil union
United States of America: Illinoiscivil union
United States of America: Mainedomestic partnership
United States of America: Nevadadomestic partnership
United States of America: New Jerseydomestic partnership
United States of America: Washingtonstate registered domestic partnership

18.  In article 4 of the Civil Partnership (Registration Abroad and Certificates) Order 2005(4) (registration abroad by registration officer), after paragraph (4A) insert—

(4AA) If the relevant part of the United Kingdom is Northern Ireland, a country or territory is treated by paragraph (4) as having sufficient facilities only if—

(a)in the case of proposed civil partners who are of the same sex under the law of that country or territory, the country or territory is listed in Part 1 of Schedule 20 to the Act (as it forms part of the law of Northern Ireland);

(b)in the case of proposed civil partners who are of the opposite sex under that law, the country or territory is listed in Part 2 of that Schedule..

19.—(1) Regulation 3 of the Civil Partnership (Supplementary Provisions relating to the Recognition of Overseas Dissolutions, Annulments or Legal Separations) (England and Wales and Northern Ireland) Regulations 2005(5) is amended as follows.

(2) In the heading, for “between two people of the same sex” substitute “of the sort in question”.

(3) In paragraph (2), in the inserted subsection (1A)(c), for “legal relationships between people of the same sex” substitute “the relevant sort of relationship”.

(4) In paragraph (3), in the inserted subsection (2A)(b), for “legal relationships between people of the same sex” substitute “the relevant sort of relationship”.

(5) After paragraph (3) insert—

(4) After subsection (3) insert—

(3A) In this section references to “the relevant sort of relationship” are to the sort of relationship that the civil partnership in question is, and include—

(a)in the case of a relationship between two persons who are of the same sex under the relevant law, reference to that sort of relationship whether generally or between two persons of the same sex;

(b)in the case of a relationship between two persons who are of the opposite sex under the relevant law, reference to that sort of relationship whether generally or between two persons of the opposite sex.

(3B) In subsection (3A), “the relevant law” means the law in relation to which the question of recognition arises under subsection (1A)(c) or (as the case may be) (2A)(b)...

Prescribed forms relating to civil partnerships

20.—(1) The Civil Partnership Regulations (Northern Ireland) 2005(6) are amended as follows.

(2) In Schedule 1 (form of civil partnership notice)—

(a)in paragraph 7, for “Disollution” substitute “Dissolution”,

(b)in paragraph 12, after the boxes for Postcode, insert—

Contact telephone number

Contact email address,

(c)in the heading of Part C, after “father” insert “/parent”,

(d)in paragraph 16, for “Is he” substitute “Are they”,

(e)in the heading of Part D, after “mother” insert “/parent”,

(f)in paragraph 21, for “Is he” substitute “Are they”, and

(g)in paragraph 25, for “PREVIOUS MARRIAGE” substitute “DIVORCED OR PREVIOUS MARRIAGE ANNULLED”.

(3) In Schedule 2 (civil partnership schedule)—

(a)in paragraph 3 omit “Civil Partner” in both places it occurs,

(b)in paragraph 9, after “Father’s” insert “/Parent’s”,

(c)in paragraph 10, after “Mother’s” insert “/Parent’s”, and

(d)in columns 2 and 3 of paragraph 11, omit “Civil Partner’s”.

(4) In Schedule 5 (form of consent), in footnote (b), after “Mother” insert “, Parent”.

(5) In Schedule 8 (form of certified copy of register entry)—

(a)in paragraph 3 omit “Civil Partner” in both places it occurs,

(b)in paragraph 9, after “Father’s” insert “/Parent’s”,

(c)in paragraph 10, after “Mother’s” insert “/Parent’s”, and

(d)in columns 2 and 3 of paragraph 11, omit “Civil Partner’s”.

(6) In Schedule 9 (form of certified copy of register entry)—

(a)in paragraph 3 omit “Civil Partner” in both places it occurs,

(b)in paragraph 9, after “Father’s” insert “/Parent’s”,

(c)in paragraph 10, after “Mother’s” insert “/Parent’s”, and

(d)in columns 2 and 3 of paragraph 11, omit “Civil Partner’s”.

(7) In Schedule 10 (form of certified copy of register entry), in paragraph 3 omit “Civil Partner” in both places it occurs.

(1)

Section 212(1A) was inserted by paragraph 29(1) and (2) of Schedule 1 to S.I. 2014/560 with UK extent (see article 6).

(2)

Section 215, as it extends to England and Wales, was amended (and, in particular, subsections (5A) to (5D) were inserted) by S.I. 2019/1458.

(3)

Section 237(2)(b)(ii), as it extends to England & Wales, was amended by S.I. 2019/1458.

(4)

S.I. 2005/2761; article 4 was amended by S.I. 2012/3063, and article 4(4A) is inserted by regulation 38 of S.I. 2019/1458.

(6)

S.R. (N.I.) 2005/482. Schedule 1 was amended by regulation 2(4) of S.R. (N.I.) 2014/297.

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