The Immigration (Procedure for Formation of Civil Partnerships) Regulations 2011

Statutory Instruments

2011 No. 2679

Immigration

The Immigration (Procedure for Formation of Civil Partnerships) Regulations 2011

Made

7th November 2011

Laid before Parliament

10th November 2011

Coming into force

1st December 2011

The Secretary of State makes the following Regulations in exercise of the powers conferred by paragraphs, 4, 9, 13 and 16(3)(a) of Schedule 23 to the Civil Partnership Act 2004(1).

In accordance with paragraphs 4(4), 9(2) and 13(2) of Schedule 23 to the Civil Partnership Act 2004 she has consulted with the Registrar General.

Citation, commencement and interpretation U.K.

1.—(1) These Regulations may be cited as the Immigration (Procedure for Formation of Civil Partnerships) Regulations 2011 and shall come into force on 1 December 2011.

(2) In these Regulations—

(a) “the 2004 Act” means the Civil Partnership Act 2004; and

(b) “civil partnership” means a civil partnership which exists under or by virtue of the 2004 Act.

Commencement Information

I1 Reg. 1 in force at 1.12.2011, see reg. 1(1)

Specified registration authorities in England and Wales U.K.

2.—(1) The registration authorities in England and Wales listed in the left-hand column of the Schedule to these Regulations are specified for the purposes of paragraph 4(1)(a) of Schedule 23 to the 2004 Act.

(2) An employee or officer or other person provided by a specified registration authority is a “relevant individual” for the purposes of paragraph 4(1)(b) and (2) of Schedule 23 to the 2004 Act if he or she—

(a) is authorised by that authority to attest notices of proposed civil partnership; and

(b) is located at the office specified in relation to that authority in the right-hand column of the Schedule to these Regulations.

Commencement Information

I2 Reg. 2 in force at 1.12.2011, see reg. 1(1)

Specified registration districts in Scotland U.K.

3.  Every registration district in Scotland is specified for the purposes of paragraph 9(1)(a) of Schedule 23 to the 2004 Act.

Commencement Information

I3 Reg. 3 in force at 1.12.2011, see reg. 1(1)

Prescribed registrars in Northern Ireland U.K.

4.  The registrar of every register office in Northern Ireland is prescribed for the purposes of paragraph 13(1)(a) of Schedule 23 to the 2004 Act.

Commencement Information

I4 Reg. 4 in force at 1.12.2011, see reg. 1(1)

Revocation U.K.

5.  These regulations revoke the Immigration (Procedure for Formation of Civil Partnerships) Regulations 2005(2).

Commencement Information

I5 Reg. 5 in force at 1.12.2011, see reg. 1(1)

Damian Green

Minister of State

Home Office

7th November 2011

Regulation 2

SCHEDULE U.K. SPECIFIED REGISTRATION AUTHORITIES IN ENGLAND AND WALES

Commencement Information

I6 Sch. in force at 1.12.2011, see reg. 1(1)

Specified registration authorities	Offices specified in relation to specified registration authorities
The London Borough of Barking and Dagenham	The register office for Barking and Dagenham
The London Borough of Barnet	The register office for Barnet
City of Birmingham	The register office for Birmingham
Borough of Blackburn with Darwen	The register office for Blackburn with Darwen
London Borough of Brent	The register office for Brent
City of Brighton and Hove	The register office for Brighton and Hove
City of Bristol	The register office for Bristol
County of Cambridgeshire	The register office for Cambridgeshire
London Borough of Camden	The register office for Camden
City and County of Cardiff	The register office for Cardiff
County of Ceredigion	The register office for Cardiganshire North
County Borough of Conwy	The register office for Conwy
County of Cornwall	The register office for Cornwall
City of Coventry	The register office for Coventry
London Borough of Croydon	The register office for Croydon
County of Cumbria	The register office for Cumbria
County of Devon	The register office for Devon
London Borough of Ealing	The register office for Ealing
London Borough of Enfield	The register office for Enfield
County of Essex	The register office for Essex
County of Gloucestershire	The register office for Gloucestershire
London Borough of Greenwich	The register office for Greenwich
London Borough of Hackney	The register office for Hackney
London Borough of Hammersmith and Fulham	The register office for Hammersmith and Fulham
County of Hampshire	The register office for Hampshire
London Borough of Haringey	The register office for Haringey
London Borough of Harrow	The register office for Harrow
London Borough of Havering	The register office for Havering
County of Hertfordshire	The register office for Hertfordshire
London Borough of Hillingdon	The register office for Hillingdon
London Borough of Hounslow	The register office for Hounslow
Royal Borough of Kensington and Chelsea	The register office for Kensington and Chelsea
County of Kent	The register office for Kent
City of Kingston upon Hull	The register office for Hull
Royal Borough of Kingston upon Thames	The register office for Kingston upon Thames
London Borough of Islington	The register office for Islington
London Borough of Lambeth	The register office for Lambeth
City of Leeds	The register office for Leeds
City of Leicester	The register office for Leicester
London Borough of Lewisham	The register office for Lewisham
County of Lincolnshire	The register office for Lincolnshire
City of Liverpool	The register office for Liverpool
Borough of Luton	The register office for Luton
City of Manchester	The register office for Manchester
London Borough of Merton	The register office for Merton
Borough of Middlesbrough	The register office for Middlesbrough
Borough of Milton Keynes	The register office for Milton Keynes
City of Newcastle upon Tyne	The register office for Newcastle upon Tyne
London Borough of Newham	The register office for Newham
County of Norfolk	The register office for Norfolk
County of Northamptonshire	The register office for Northamptonshire
City of Nottingham	The register office for Nottingham
County of Oxfordshire	The register office for Oxfordshire
County of Pembrokeshire	The register office for Pembrokeshire
City of Peterborough	The register office for Peterborough
City of Plymouth	The register office for Plymouth
County of Powys	The register office for Powys
Borough of Reading	The register office for Reading
London Borough of Redbridge	The register office for Redbridge
City of Sheffield	The register office for Sheffield
County of Shropshire	The register office for Shropshire
Borough of Slough	The register office for Slough
City of Southampton	The register office for Southampton
London Borough of Southwark	The register office for Southwark
City of Stoke on Trent	The register office for Stoke on Trent
County of Suffolk	The register office for Suffolk
County of Surrey	The register office for Surrey
City and County of Swansea	The register office for Swansea
Borough of Swindon	The register office for Swindon
London Borough of Tower Hamlets	The register office for Tower Hamlets
London Borough of Waltham Forest	The register office for Waltham Forest
London Borough of Wandsworth	The register office for Wandsworth
City of Westminster	The register office for Westminster
County of West Sussex	The register office for West Sussex
County Borough of Wrexham	The register office for Wrexham

Explanatory Note

(This note is not part of the Regulations)

Schedule 23 to the Civil Partnership Act 2004 (“the 2004 Act”) makes provisions for certain procedures to be followed where a civil partnership is to be formed in the United Kingdom. If the civil partnership is to be formed in England and Wales, paragraph 4(1)(a) of Schedule 23 requires that the notice of proposed civil partnership must be given to a specified registration authority and must be delivered to the relevant individual in person by the two proposed civil partners. By regulation 2(1), the registration authorities in England and Wales listed in the left-hand column of the Schedule are specified for the purposes of paragraph 4(1) of Schedule 23 to the 2004 Act, and regulation 2(2) defines the relevant individual to whom notice must be delivered by reference to the register offices listed in the right-hand column of the Schedule.

If the civil partnership is to be formed in Scotland, paragraph 9(1) of Schedule 23 requires that notice must be given to the district registrar of a specified registration district, and similarly if the civil partnership is to be formed in Northern Ireland, paragraph 13(1) of Schedule 23 requires that notice must be given to a prescribed registrar. By regulation 3 every registration district in Scotland is specified for the purposes of paragraph 9(1) of Schedule 23 to the 2004 Act, and by regulation 4 the registrar of every register office in Northern Ireland is prescribed for the purposes of paragraph 13(1) of Schedule 23 to the 2004 Act.

These regulations revoke and replace the Immigration (Procedure for Formation of Civil Partnerships) Regulations 2005 (S.I 2005/2917). They update the list of register offices specified for registration authorities and also reflect the withdrawal of the requirement to seek the Secretary of State’s permission to form a civil partnership following the Immigration (Treatment of Claimants, etc.) Act 2004 (Remedial) Order 2011 (S.I. 2011/1158).

A full regulatory impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.

(1)

2004 c.33.

(2)

S.I. 2005/2917 as amended by S.I. 2011/1158.