The Marriage of Same Sex Couples (Conversion of Civil Partnership) Regulations 2014

Procedure for detained persons E+W

8.—(1) This regulation applies if the parties to a civil partnership wish to convert their civil partnership into a marriage at the place where one of them is detained.

(2) “Detained” means detained—

(a) as a patient in a hospital (but otherwise than by virtue of section 2, 4, 5, 35, 36 or 136 of the Mental Health Act 1983(1) (short term detentions)), or

(b) in a prison or other place to which the Prison Act 1952(2) applies.

(3) The procedure under which the parties may convert their civil partnership into a marriage is the same as the standard procedure, except that—

(a) the details and evidence required under regulation 6(1)(a) to (c) must be accompanied by a supporting statement, which must have been made not more than 21 days before the day on which the supporting statement is received by the superintendent registrar;

(b) the superintendent registrar must attend the parties together at the place identified in the supporting statement in order to convert the civil partnership;

(c) if the conversion of the civil partnership does not take place within three months after the day on which the supporting statement was made, the superintendent registrar may require the parties to provide a new supporting statement before any conversion in accordance with the procedure for detained persons;

(d) the fact that the superintendent registrar has received the supporting statement must be recorded in the conversion register; and

[F1 (e) the parties must pay the appropriate fee to the superintendent registrar.]

(4) A supporting statement, in relation to a detained person, is a statement made by the responsible authority which—

(a) identifies the establishment where the person is detained; and

(b) states that the responsible authority has no objection to the superintendent registrar attending the establishment to convert the person’s civil partnership into a marriage.

(5) “The responsible authority” means—

(a) if the person is detained in a hospital, the hospital’s managers;

(b) if the person is detained in a prison or other place to which the Prison Act 1952 applies, the governor or other officer for the time being in charge of that prison or other place.

(6) “Patient” and “hospital” have the same meaning as in Part 2 of the Mental Health Act 1983, and “managers” in relation to a hospital, has the same meaning as in section 145(1) of that Act(3).

Textual Amendments

F1 Reg. 8(3)(e) substituted (5.10.2016) by The Registration of Births, Deaths, Marriages and Civil Partnerships (Fees) Regulations 2016 (S.I. 2016/911), reg. 1, Sch. 2 para. 3(5)

Commencement Information

I1 Reg. 8 in force at 10.12.2014, see reg. 1

(1)

1983 c. 20. There are amendments to all sections referred to, none relevant here.

(2)

1952 c. 52.

(3)

The definition of “managers” in section 145(1) was amended by section 2(1) of, and paragraph 107(14)(b) of Schedule 1 to, the Health Authorities Act 1995 (c. 17); article 3 of, and paragraph 13(13)(ii) of Schedule 1 to, the References to Health Authorities Order 2007 (S.I. 2007/961); section 2 of, and paragraph 70(d) of Schedule 1 to, the National Health Service (Consequential Provisions) Act 2006 (c. 43); and section 55(2) of, and paragraph 31(1)(a) of Schedule 5 to, the Health and Social Care Act 2012 (c. 7).