Law

Civil Partnership Act 2004

United Kingdom · statute

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In force since 2026-07-01, as the publisher states.

Copy read on 2026-11-08. The page it was read from

Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

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Contents: 337 provisions
  1. Title and introductory text
  2. 1 Civil partnership
  3. 2 Formation of civil partnership by registration
  4. 3 Eligibility
  5. 4 Parental etc. consent where proposed civil partner under 18
  6. 5 Types of pre-registration procedure
  7. 6 Place of registration
  8. 6A Power to approve premises
  9. 7 The civil partnership document
  10. 8 Notice of proposed civil partnership and declaration
  11. 8A Additional information if party not relevant national
  12. 9 Evidence
  13. 9A Additional evidence if party not relevant national
  14. 9B Change of usual address or UK contact address
  15. 9C Rejection of false information or evidence
  16. 9D Amendment of notice and evidence provisions
  17. 9E Specified evidence
  18. 9F Recording of information in the register: compliance with requirements
  19. 10 Proposed civil partnership to be publicised
  20. 11 Meaning of “the waiting period”
  21. 12 Power to shorten the waiting period
  22. 12A Referral of proposed civil partnership to Secretary of State
  23. 13 Objection to proposed civil partnership
  24. 14 Issue of civil partnership schedule
  25. 14A Notice of proposed civil partnership: false information or evidence
  26. 15 Appeal against refusal to issue civil partnership schedule
  27. 16 Frivolous objections and representations and appeals: liability for costs etc.
  28. 17 Period during which registration may take place
  29. 18 House-bound persons
  30. 19 Detained persons
  31. 20 Modified procedures for certain non-residents
  32. 21 Notice of proposed civil partnership
  33. 22 Evidence to be produced
  34. 23 Application to be reported to Registrar General
  35. 24 Objection to issue of Registrar General’s licence
  36. 25 Issue of Registrar General’s licence
  37. 26 Frivolous objections: liability for costs
  38. 27 Period during which registration may take place
  39. 28 Registration authorities
  40. 29 Civil partnership registrars
  41. 30 The Registrar General and the register
  42. 30ZA Religious involvement: protection against compulsion
  43. 30A Relevant nationals
  44. 31 Offences relating to civil partnership schedule
  45. 32 Offences relating to Registrar General’s licence
  46. 33 Offences relating to the recording of civil partnerships
  47. 34 Fees
  48. 35 Power to assimilate provisions relating to civil registration
  49. 36 Regulations and orders
  50. 37 Powers to make orders and effect of orders
  51. 37A Dissolution on ground of breakdown: conditional and final orders
  52. 38 Annulment and presumption of death: conditional and final orders
  53. 39 Intervention of the Queen’s Proctor
  54. 40 Proceedings before order has been made final
  55. 41 Time bar on applications for dissolution orders
  56. 42 Attempts at reconciliation of civil partners
  57. 43 Consideration by the court of certain agreements or arrangements
  58. 44 Dissolution of civil partnership which has broken down irretrievably
  59. 45 Supplemental provisions as to facts raising presumption of breakdown
  60. 46 Dissolution order not precluded by previous separation order etc.
  61. 47 Refusal of dissolution in 5 year separation cases on ground of grave hardship
  62. 48 Proceedings before order made final: protection for respondent ...
  63. 49 Grounds on which civil partnership is void
  64. 50 Grounds on which civil partnership is voidable
  65. 51 Bars to relief where civil partnership is voidable
  66. 52 Proof of certain matters not necessary to validity of civil partnership
  67. 53 Power to validate civil partnership
  68. 54 Validity of civil partnerships registered outside England and Wales
  69. 55 Presumption of death orders
  70. 56 Separation orders
  71. 57 Effect of separation order
  72. 58 Declarations
  73. 59 General provisions as to making and effect of declarations
  74. 60 The Attorney General and proceedings for declarations
  75. 61 Supplementary provisions as to declarations
  76. 62 Relief for respondent in dissolution proceedings
  77. 63 Restrictions on making of orders affecting children
  78. 64 Parties to proceedings under this Chapter
  79. 65 Contribution by civil partner to property improvement
  80. 66 Disputes between civil partners about property
  81. 67 Applications under section 66 where property not in possession etc.
  82. 68 Applications under section 66 by former civil partners
  83. 69 Actions in tort between civil partners
  84. 70 Assurance policy by civil partner for benefit of other civil partner etc.
  85. 71 Wills, administration of estates and family provision
  86. 72 Financial relief for civil partners and children of family
  87. 73 Civil partnership agreements unenforceable
  88. 74 Property where civil partnership agreement is terminated
  89. 75 Parental responsibility, children of the family and relatives
  90. 76 Guardianship
  91. 77 Entitlement to apply for residence or contact order
  92. 78 Financial provision for children
  93. 79 Adoption
  94. 80 False statements etc. with reference to civil partnerships
  95. 81 Housing and tenancies
  96. 82 Family homes and domestic violence
  97. 83 Fatal accidents claims
  98. 84 Evidence
  99. 85 Formation of civil partnership by registration
  100. 86 Eligibility
  101. 87 Appointment of authorised registrars
  102. 88 Notice of proposed civil partnership
  103. 88A Additional information if party not relevant national
  104. 88B Additional evidence if party not relevant national
  105. 88C Declaration to accompany information and evidence
  106. 88D Rejection of false information or evidence
  107. 88E Notice of proposed civil partnership: treated as not given
  108. 88F Referral of proposed civil partnership to the Secretary of State
  109. 89 Civil partnership notice book
  110. 90 Publicisation
  111. 91 Early registration
  112. 92 Objections to registration
  113. 93 Place of civil registration of civil partnerships
  114. 93A Date and place of registration of religious or belief civil partnerships
  115. 94 The civil partnership schedule
  116. 94A Persons who may register civil partnerships
  117. 94B Registration of nominated persons as celebrants
  118. 94C Removal of celebrant's name from register
  119. 94D Alterations to register maintained under section 94B
  120. 94E Temporary authorisation of celebrants
  121. 95 Further provision as to registration
  122. 95ZA Registrar's power to require delivery of civil partnership schedule
  123. 95A Validity following entry in civil partnership register
  124. 96 Civil partnership with former spouse
  125. 97 Certificates of no impediment for Part 2 purposes
  126. 97A Second civil partnership registration
  127. 98 Application of certain provisions to civil partnerships
  128. 99 Correction of errors in civil partnership register
  129. 100 Offences
  130. 101 Occupancy rights
  131. 102 Occupancy: subsidiary and consequential rights
  132. 103 Regulation by court of rights of occupancy of family home
  133. 104 Exclusion orders
  134. 105 Duration of orders under sections 103 and 104
  135. 106 Continued exercise of occupancy rights after dealing
  136. 107 Dispensation with civil partner’s consent to dealing
  137. 108 Interests of creditors
  138. 109 Provisions where both civil partners have title
  139. 110 Rights of occupancy in relation to division and sale
  140. 111 Adjudication
  141. 111A Effect of court action under section 103, 104 or 105 on reckoning of periods in sections 101 and 106
  142. 112 Transfer of tenancy
  143. 113 Civil partners: competency of interdict
  144. 114 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  145. 115 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  146. 116 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  147. 117 Dissolution
  148. 118 Encouragement of reconciliation
  149. 119 Effect of resumption of cohabitation
  150. 120 Separation
  151. 121 Dissolution following on decree of separation
  152. 121A Postponement of decree of dissolution where religious impediment to marry exists
  153. 122 Registration of dissolutions and declarators of nullity of civil partnerships
  154. 123 Nullity
  155. 124 Validity of civil partnerships registered outside Scotland
  156. 124A Special destination: revocation on dissolution or annulment
  157. 125 Financial provision after overseas dissolution or annulment
  158. 126 Regulations
  159. 127 Attachment
  160. 128 Promise or agreement to enter into civil partnership
  161. 129 Lord Advocate as party to action for nullity or dissolution of civil partnership
  162. 130 Civil partner of accused a competent witness
  163. 131 Succession: legal rights arising by virtue of civil partnership
  164. 132 Assurance policies
  165. 133 Council Tax: liability of civil partners
  166. 134 General provisions as to fees
  167. 135 Interpretation of this Part
  168. 136 The expression “relative” in the 1965 Act
  169. 137 Formation of civil partnership by registration
  170. 138 Eligibility
  171. 139 Notice of proposed civil partnership
  172. 139A Additional information if party not relevant national
  173. 139B Additional evidence if party not relevant national
  174. 139C Declaration to accompany information and evidence
  175. 139D Rejection of false information or evidence
  176. 139E Referral of proposed civil partnership to the Secretary of State
  177. 140 Civil partnership notice book and list of intended civil partnerships
  178. 141 Power to require evidence of name etc.
  179. 142 Objections
  180. 143 Civil partnership schedule
  181. 143A Civil partnership notice: false information or evidence
  182. 144 Place of registration
  183. 145 Parental etc. consent where proposed civil partner under 18
  184. 146 Validity of registration
  185. 147 Corrections and cancellations
  186. 148 Interpreters
  187. 149 Detained persons
  188. 150 Certificates of no impediment for Part 2 purposes
  189. 151 Registration districts and registration authorities
  190. 152 Registrars and other staff
  191. 153 Records and documents to be sent to Registrar General
  192. 154 Annual report
  193. 155 Searches
  194. 155A Notification of registration
  195. 156 Proof of civil partnership for purposes of certain statutory provisions
  196. 157 Fees
  197. 158 Offences
  198. 159 Regulations
  199. 160 Interpretation
  200. 161 Powers to make orders and effect of orders
  201. 162 The period before conditional orders may be made final
  202. 163 Intervention by the Crown Solicitor
  203. 164 Proceedings before order has been made final
  204. 165 Time bar on applications for dissolution orders
  205. 166 Attempts at reconciliation of civil partners
  206. 167 Consideration by the court of certain agreements or arrangements
  207. 168 Dissolution of civil partnership which has broken down irretrievably
  208. 169 Supplemental provisions as to facts raising presumption of breakdown
  209. 170 Dissolution order not precluded by previous separation order etc.
  210. 171 Refusal of dissolution in 5 year separation cases on ground of grave hardship
  211. 172 Proceedings before order made final: protection for respondent in separation cases
  212. 173 Grounds on which civil partnership is void
  213. 174 Grounds on which civil partnership is voidable
  214. 174A Civil partnership converted from a marriage: when voidable
  215. 175 Bars to relief where civil partnership is voidable
  216. 176 Proof of certain matters not necessary to validity of civil partnership
  217. 177 Validity of civil partnerships registered outside Northern Ireland
  218. 178 Presumption of death orders
  219. 179 Separation orders
  220. 180 Effect of separation order
  221. 181 Declarations
  222. 182 General provisions as to making and effect of declarations
  223. 183 The Attorney General and proceedings for declarations
  224. 184 Supplementary provisions as to declarations
  225. 185 Relief for respondent in dissolution proceedings
  226. 186 Restrictions on making of orders affecting children
  227. 187 Parties to proceedings under this Chapter
  228. 188 The court
  229. 189 Appeals
  230. 190 Transfer of proceedings
  231. 191 Disputes between civil partners about property
  232. 192 Applications under section 191 where property not in possession etc.
  233. 193 Applications under section 191 by former civil partners
  234. 194 Assurance policy by civil partner for benefit of other civil partner etc.
  235. 195 Wills, administration of estates and family provision
  236. 196 Financial relief for civil partners and children of family
  237. 197 Civil partnership agreements unenforceable
  238. 198 Property where civil partnership agreement is terminated
  239. 199 Parental responsibility, children of the family and relatives
  240. 200 Guardianship
  241. 201 Entitlement to apply for residence or contact order
  242. 202 Financial provision for children
  243. 203 Adoption
  244. 204 False statements etc. with reference to civil partnerships
  245. 204A Ceremonies and events to mark civil partnerships: protection from compulsion
  246. 205 Housing and tenancies
  247. 206 Family homes and domestic violence
  248. 207 Fatal accidents claims
  249. 208 Evidence
  250. 209 Restriction on publicity of reports of proceedings
  251. 210 Registration at British consulates etc.
  252. 211 Registration by armed forces personnel
  253. 212 Meaning of “overseas relationship”
  254. 213 Specified relationships
  255. 214 The general conditions
  256. 215 Overseas relationships treated as civil partnerships: the general rule
  257. 216 The same-sex requirement
  258. 217 Person domiciled in a part of the United Kingdom
  259. 218 The public policy exception
  260. 219 Power to make provision corresponding to EC Regulation 2201/2003 as to jurisdiction in relation to civil partnerships
  261. 220 Meaning of “the court”
  262. 221 Proceedings for dissolution, separation or nullity order
  263. 222 Proceedings for presumption of death order
  264. 223 Proceedings for dissolution, nullity or separation order: supplementary
  265. 224 Applications for declarations as to validity etc.
  266. 225 Jurisdiction of Scottish courts
  267. 226 Sisting of proceedings
  268. 227 Scottish ancillary and collateral orders
  269. 228 Meaning of “the court”
  270. 229 Proceedings for dissolution, separation or nullity order
  271. 230 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  272. 231 Proceedings for dissolution, nullity or separation order: supplementary
  273. 232 Applications for declarations as to validity etc.
  274. 233 Effect of dissolution, annulment or separation obtained in the UK
  275. 234 Recognition in the UK of overseas dissolution, annulment or separation
  276. 235 Grounds for recognition
  277. 236 Refusal of recognition
  278. 237 Supplementary provisions relating to recognition of dissolution etc.
  279. 238 Non-recognition elsewhere of dissolution or annulment
  280. 239 Commanding officers' certificates for Part 2 purposes
  281. 240 Certificates of no impediment to overseas relationships
  282. 241 Transmission of certificates of registration of overseas relationships
  283. 242 Power to make provision relating to certain Commonwealth forces
  284. 243 Fees
  285. 244 Orders in Council: supplementary
  286. 245 Interpretation
  287. 246 Interpretation of statutory references to stepchildren etc.
  288. 247 Provisions to which section 246 applies: Acts of Parliament etc.
  289. 248 Provisions to which section 246 applies: Northern Ireland
  290. 249 Immigration control and formation of civil partnerships
  291. 250 Gender recognition where applicant a civil partner
  292. 251 Discrimination against civil partners in employment field
  293. 252 Discrimination against civil partners in employment field: Northern Ireland
  294. 253 Civil partners to have unlimited insurable interest in each other
  295. 254 Social security, child support and tax credits
  296. 255 Power to amend enactments relating to pensions
  297. 256 Amendment of certain enactments relating to pensions
  298. 257 Amendment of certain enactments relating to the armed forces
  299. 258 Regulations and orders
  300. 259 Power to make further provision in connection with civil partnership
  301. 260 EU obligations and civil partners
  302. 261 Minor and consequential amendments, repeals and revocations
  303. 262 Extent
  304. 263 Commencement
  305. 264 Short title
  306. SCHEDULE 1 Prohibited degrees of relationship: England and Wales
  307. SCHEDULE 3 Registration by former spouses one of whom has changed sex
  308. SCHEDULE 3A Modifications if proposed civil partnership referred under section 12A
  309. SCHEDULE 4 Wills, administration of estates and family provision
  310. SCHEDULE 5 Financial relief: provision corresponding to provision made by Part 2 of the Matrimonial Causes Act 1973
  311. SCHEDULE 6 Financial relief: provision corresponding to provision made by the Domestic Proceedings and Magistrates' Courts Act 1978
  312. SCHEDULE 7 Financial relief in England and Wales after overseas dissolution etc. of a civil partnership
  313. SCHEDULE 8 Housing and tenancies
  314. SCHEDULE 9 Family homes and domestic violence
  315. SCHEDULE 10 FORBIDDEN DEGREES OF RELATIONSHIP: SCOTLAND
  316. SCHEDULE 10A Modifications if proposed civil partnership referred under section 88F
  317. SCHEDULE 11 Financial provision in Scotland after overseas proceedings
  318. SCHEDULE 12 Prohibited degrees of relationship: Northern Ireland
  319. SCHEDULE 13 Civil partnerships of persons under 18: Northern Ireland
  320. SCHEDULE13A Modifications if proposed civil partnership referred under section 139E
  321. SCHEDULE 14 Wills, administration of estates and family provision: Northern Ireland
  322. SCHEDULE 15 Financial relief in the High Court or a county court etc.: Northern Ireland
  323. SCHEDULE 16 Financial relief in court of summary jurisdiction etc.: Northern Ireland
  324. SCHEDULE 17 Financial relief in Northern Ireland after overseas dissolution etc. of a civil partnership
  325. SCHEDULE 18 Housing and tenancies: Northern Ireland
  326. SCHEDULE 19 Family homes and domestic violence: Northern Ireland
  327. SCHEDULE 20 Meaning of overseas relationship: specified relationships
  328. SCHEDULE 21 References to stepchildren etc. in existing Acts
  329. SCHEDULE 22 References to stepchildren etc. in existing Northern Ireland legislation
  330. SCHEDULE 23 Immigration control and formation of civil partnerships
  331. SCHEDULE 24 Social security, child support and tax credits
  332. SCHEDULE 25 Amendment of certain enactments relating to pensions
  333. SCHEDULE 26 Amendment of certain enactments relating to the armed forces
  334. SCHEDULE 27 Minor and consequential amendments: general
  335. SCHEDULE 28 Consequential amendments: Scotland
  336. SCHEDULE 29 Minor and consequential amendments: Northern Ireland
  337. SCHEDULE 30 Repeals and revocations

Proposed changes to this act

No one has proposed a change to this act yet.

337 provisions

129 Lord Advocate as party to action for nullity or dissolution of civil partnership

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130 Civil partner of accused a competent witness

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131 Succession: legal rights arising by virtue of civil partnership

(1) Where a person dies survived by a civil partner then, unless the circumstance is as mentioned in subsection (2), the civil partner has right to half of the moveable net estate belonging to the deceased at the time of death. (2) That circumstance is that the person is also survived by issue, in which case the civil partner has right to a third of that moveable net estate and those issue have right to another third of it. (3) In this section— “issue” means issue however remote, and “net estate” has the meaning given by section 36(1) (interpretation) of the Succession (Scotland) Act 1964 (c. 41). (4) Every testamentary disposition executed after the commencement of this section by which provision is made in favour of the civil partner of the testator and which does not contain a declaration to the effect that the provision so made is in full and final satisfaction of the right to any share in the testator’s estate to which the civil partner is entitled by virtue of subsection (1) or (2), has effect (unless the disposition contains an express provision to the contrary) as if it contained such a declaration. (5) In section 36(1) of the Succession (Scotland) Act 1964 (c. 41), in the definition of “legal rights”, for “and legitim” substitute “ legitim and rights under section 131 of the Civil Partnership Act 2004 ”.

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132 Assurance policies

Section 2 of the Married Women’s Policies of Assurance (Scotland) Act 1880 (c. 26) (which provides that a policy of assurance may be effected in trust for a person’s spouse, children or spouse and children) applies in relation to a policy of assurance— (a) effected by a civil partner (in this section referred to as “A”) on A’s own life, and (b) expressed upon the face of it to be for the benefit of A’s civil partner, or of A’s children, or of A’s civil partner and children, as it applies in relation to a policy of assurance effected as, and expressed upon the face of it to be for such benefit as, is mentioned in that section.

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133 Council Tax: liability of civil partners

After section 77 of the Local Government Finance Act 1992 (c. 14), insert— Liability of civil partners 77A (1) Where— (a) a person who is liable to pay council tax in respect of any chargeable dwelling and any day is in civil partnership with another person or living with another person in a relationship which has the characteristics of the relationship between civil partners; and (b) that other person is also a resident of the dwelling on that day but would not, apart from this section, be so liable, those persons shall be jointly and severally liable to pay the council tax payable in respect of that dwelling and that day. (2) Subsection (1) above shall not apply as respects any day on which the other person there mentioned falls to be disregarded for the purposes of discount— (a) by virtue of paragraph 2 of Schedule 1 to this Act (the severely mentally impaired); or (b) being a student, by virtue of paragraph 4 of that Schedule.

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134 General provisions as to fees

(1) Subject to such exceptions as may be prescribed, a district registrar may refuse to comply with any application voluntarily made to him under this Part until the appropriate fee, if any, provided for by or under this Part is paid to him; and any such fee, if not prepaid, is recoverable by the registrar to whom it is payable. (2) Circumstances, of hardship or otherwise, may be prescribed in which fees provided for by or under this Part may be remitted by the Registrar General.

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135 Interpretation of this Part

(1) In this Part, unless the context otherwise requires— “the 1965 Act” means the Registration of Births, Deaths and Marriages (Scotland) Act 1965 (c. 49); “2014 Act” means the Immigration Act 2014; “approved celebrant” has the meaning given by section 94A(4)(a); “authorised registrar” has the meaning given by section 87; “caravan” means a caravan which is mobile or affixed to land; “child of the family” has the meaning given by section 101(7); “civil partnership book” has the meaning given by section 89; “civil partnership schedule” has the meaning given by section 94; “civil registration” has the meaning given by section 94A(4)(c); “civil partnership register” has the meaning given by section 95(2); “the court” means the Court of Session or the sheriff; “district” means a registration district as defined by section 5(1) of the 1965 Act; “district registrar” has the meaning given by section 7(12) of the 1965 Act; “entitled partner” and “non-entitled partner”, subject to sections 106(2) and 111(2), have the meanings respectively assigned to them by section 101(1); “exclusion order” has the meaning given by section 104(1); “family” has the meaning given by section 101(7); “family home” means , subject to subsection (2), any house, caravan, houseboat or other structure which has been provided or has been made available by one or both of the civil partners as, or has become, a family residence and includes any garden or other ground or building . . . usually occupied with, or otherwise required for the amenity or convenience of, the house, caravan, houseboat or other structure but does not include a residence provided or made available by a person for one civil partner to reside in, whether with any child of the family or not, separately from the other civil partner; “furniture and plenishings” means any article situated in a family home of civil partners which— is owned or hired by either civil partner or is being acquired by either civil partner under a hire-purchase agreement or conditional sale agreement, and is reasonably necessary to enable the home to be used as a family residence, but does not include any vehicle, caravan or houseboat or such other structure as is mentioned in the definition of “family home”; “notice of proposed civil partnership” has the meaning given by section 88(1); “occupancy rights” means the rights conferred by section 101(1); “Registrar General” means the Registrar General of Births, Deaths and Marriages for Scotland; “registration office” means a registration office provided under section 8(1) of the 1965 Act; “relevant national” has the same meaning as in section 30A; “religious or belief body” means an organised group of people— which meets regularly for religious worship, or the principal object (or one of the principal objects) of which is to uphold or promote philosophical beliefs and which meets regularly for that purpose; “religious or belief civil partnership” has the meaning given by section 94A(4)(b); “tenant” includes— a sub-tenant, a statutory tenant as defined in section 3 of the Rent (Scotland) Act 1984 (c. 58), and a statutory assured tenant as defined in section 16(1) of the Housing (Scotland) Act 1988 (c. 43), and “tenancy” is to be construed accordingly. (2) If— (a) the tenancy of a family home is transferred from one civil partner to the other by agreement or under any enactment, and (b) following the transfer, the civil partner to whom the tenancy was transferred occupies the home but the other civil partner does not, the home shall, on such transfer, cease to be a family home.

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136 The expression “relative” in the 1965 Act

In section 56(1) of the 1965 Act (interpretation), in the definition of “relative”, at the end insert “ , a civil partner and anyone related to the civil partner of the person as regards whom the expression is being construed ”.

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137 Formation of civil partnership by registration

(1) For the purposes of section 1, two people are to be regarded as having registered as civil partners of each other once each of them has signed the civil partnership schedule in the presence of— (a) each other, (b) two witnesses both of whom profess to be 16 or over, and (c) the registrar. (2) Subsection (1) applies regardless of whether subsections (3) and (4) are complied with. (3) After the civil partnership schedule has been signed under subsection (1), it must also be signed, in the presence of the civil partners and each other, by— (a) each of the two witnesses, and (b) the registrar. (4) After the witnesses and the registrar have signed the civil partnership schedule, the registrar must cause the registration of the civil partnership to be recorded as soon as practicable. (5) No religious service is to be used while the registrar is officiating at the signing of a civil partnership schedule.

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138 Eligibility

(1) Two people are not eligible to register as civil partners of each other if— (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) either of them is already a civil partner or lawfully married, (c) either of them is under 16, (d) they are within prohibited degrees of relationship, or (e) either of them is incapable of understanding the nature of civil partnership. (2) Schedule 12 contains provisions for determining when two people are within prohibited degrees of relationship.

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139 Notice of proposed civil partnership

(1) For two people to register as civil partners of each other under this Chapter, each of them must give the registrar a notice of proposed civil partnership (a “civil partnership notice”). (2) A civil partnership notice must be— (a) in the prescribed form, and (b) accompanied by the prescribed fee and such documents and other information as may be prescribed. (3) In prescribed cases a civil partnership notice must be given to the registrar by each party in person.

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139A Additional information if party not relevant national

(1) This section applies to a civil partnership notice given to a registrar in accordance with section 139 if one, or each, of the parties to the proposed civil partnership is not a relevant national. (2) For each party to the proposed civil partnership who is not a relevant national, the notice must be accompanied by whichever of statements A, B or C is applicable to that person. (3) Statement A is a statement that the person has the appropriate immigration status. (4) Statement B is a statement that the person holds a relevant visa in respect of the proposed civil partnership. (5) Statement C is a statement that the person neither— (a) has the appropriate immigration status, nor (b) holds a relevant visa in respect of the proposed civil partnership. (6) If the notice is accompanied by the statement referred to in the first column of an entry in this table, the notice must also be accompanied by the information and photographs referred to in the second column of that entry (insofar as that entry is applicable to the parties to the proposed civil partnership)— If the notice is accompanied by this statement.... | ...the notice must also be accompanied by.... Statement A (in respect of one or both of the parties to the proposed civil partnership) | For each party in respect of whom statement A is made, details of the particular immigration status which that party has Statement B (in respect of one or both of the parties to the proposed civil partnership) | 1. For each party, a specified photograph of that party 2. For each party in respect of whom statement B is made, details of the relevant visa which that party has Statement C (in respect of one or both of the parties to the proposed civil partnership) | 1. For each party, a specified photograph of that party 2. For each party, the usual address of that party 3. For each party who has previously used any name or names other than the person’s name stated in the civil partnership notice, a statement of the other name or names 4. For each party who currently uses, or has previously used, an alias or aliases, a statement of the alias or aliases. (7) If the notice is accompanied by more than one of statements A, B and C, subsection (6) must be complied with in relation to each of those statements; but where the notice is accompanied by statements B and C, subsection (6) does not require the notice to be accompanied by more than one specified photograph of each party. (8) If the notice is accompanied by statement C for a party to the proposed civil partnership— (a) the notice may also be accompanied by a statement (“statement D”) of that person’s immigration position in the United Kingdom; (b) if the notice is accompanied by statement D for a party to the proposed civil partnership, the person may provide the registrar with details of his or her immigration position in the United Kingdom; and (c) if any such details are provided, the registrar must record them. (9) In this section and section 139B— (a) a reference— (i) to a person having the appropriate immigration status, or (ii) to a person holding a relevant visa, is to be construed in accordance with section 49 of the 2014 Act; (b) a reference to the particular immigration status which a person has is a reference to the immigration status set out in any of paragraphs (a) to (c) of section 49(2) of that Act which the person has; (c) a reference to a person’s immigration position in the United Kingdom includes a reference to the person’s not being entitled to be in the United Kingdom. (10) In this section “specified photograph” means a photograph that is in accordance with regulations made by the Secretary of State under section 54(2) of, and paragraph 3 of Schedule 5 to, the 2014 Act (and for this purpose “photograph” includes other kinds of images).

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139B Additional evidence if party not relevant national

(1) If a civil partnership notice to which section 139A applies (“the notice”) is accompanied by statement A (referred to in section 139A(3)), and accordingly is also accompanied by details of the particular immigration status which a party to the proposed civil partnership has, the notice must also be accompanied by specified evidence of that status. (2) If the notice is accompanied by statement B (referred to in section 139A(4)), the notice must also be accompanied by specified evidence of the holding of the relevant visa by the party to the proposed civil partnership. (3) If, in accordance with section 139A(6), the notice is accompanied by the usual address of a party to the proposed civil partnership, the notice must also be accompanied by specified evidence that it is that party’s usual address. (4) If the notice is accompanied by statement D (referred to in section 139A(8)), the notice may also be accompanied by evidence of the person’s immigration position in the United Kingdom. (5) If subsection (1) or (2) applies to the notice, and the notice is not accompanied by the specified evidence required by that subsection, the notice must be accompanied by— (a) photographs and addresses of the kinds referred to in paragraphs 1 and 2 in the relevant entry in section 139A(6); (b) as respects the usual address of each party that is provided in accordance with sub-paragraph (a), specified evidence that the address provided is that party’s usual address; and (c) names and aliases of the kinds referred to in paragraphs 3 and 4 in the relevant entry in section 139A(6) (insofar as those paragraphs are applicable to the parties to the proposed civil partnership). (6) In this section— “relevant entry in section 139A(6)” means the second column of the last entry in the table in section 139A(6); “specified evidence” means evidence that is in accordance with regulations made by the Secretary of State under section 54(2) of, and paragraph 3 of Schedule 5 to, the 2014 Act.

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139C Declaration to accompany information and evidence

Where information and evidence accompany the civil partnership notice in accordance with sections 139A and 139B that information and evidence must also be accompanied by a declaration in writing and signed by the party who makes it that the party believes all of the information and evidence accompanying the notice to be true.

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139D Rejection of false information or evidence

(1) A registrar may reject— (a) any information or photograph provided under section 139A or 139B, (b) any evidence provided under section 139B, or (c) any evidence relating to a party’s nationality provided in accordance with section 141, if (in particular) the registrar has reasonable grounds for suspecting that the information, photograph or evidence is false. (2) If the registrar rejects any information, photograph or evidence, the registrar may proceed under this Act as if the rejected information, photograph or evidence had not been provided. (3) This section does not limit the powers of the registrar to reject anything provided under any other statutory provision.

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139E Referral of proposed civil partnership to the Secretary of State

(1) On every occasion when a civil partnership notice is given under section 139, a registrar must decide whether or not each of the parties to the proposed civil partnership is an exempt person. (2) In making a decision under subsection (1) about a party to a proposed civil partnership, a registrar may rely on any advice given in relation to that decision by the Secretary of State. (3) In a case where— (a) section 139A applies to the civil partnership notice, and (b) specified evidence required by section 139B(1) or (2) in relation to a party to the proposed civil partnership is not produced in accordance with that section, the registrar must decide that that party to the proposed civil partnership is not an exempt person. (4) If the registrar decides that either of the parties is not an exempt person, or that both of the parties are not exempt persons, the registrar must— (a) refer the proposed civil partnership to the Secretary of State; (b) notify the parties to the proposed civil partnership that the proposed civil partnership must be referred to the Secretary of State; (c) give the parties to the proposed civil partnership prescribed information about— (i) the effects of the referral; (ii) the requirement under regulations to notify the Secretary of State of changes of address. (5) The registrar must act in accordance with regulations when complying with the duty in subsection (4)(a) to refer a proposed civil partnership to the Secretary of State. (6) If the registrar refers the proposed civil partnership to the Secretary of State, this Act has effect in relation to the proposed civil partnership subject to the modifications in Schedule 13A. (7) In this section— (a) a reference to a person being an exempt person has the same meaning as in section 49 of the 2014 Act; (b) “prescribed information” means information prescribed in regulations; (c) “regulations” means regulations made by the Secretary of State under section 54(2) of, and Schedule 5 to, the 2014 Act.

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140 Civil partnership notice book and list of intended civil partnerships

(1) The registrar must keep a record of— (a) such particulars as may be prescribed, taken from each civil partnership notice received by him, and (b) the date on which each civil partnership notice is received by him. (2) In this Chapter “civil partnership notice book” means the record kept under subsection (1). (2A) But the registrar must not enter the particulars relating to the civil partnership in the civil partnership notice book in a case where any of the requirements imposed by or under any of the following provisions of this Act is applicable but not complied with— (a) section 139A(2) to (7); (b) section 139B(3) or (5); (c) section 141 so far as that requirement relates to evidence of nationality; (d) paragraph 13 of Schedule 23. (2B) Where the registrar may not enter the particulars relating to the civil partnership notice book as mentioned in subsection (2A) the parties are to be taken not to have given notice under section 139. (3) The registrar must, in accordance with any guidance issued by the Registrar General, place on public display a list containing in relation to each proposed civil partnership in respect of which the registrar has received a civil partnership notice— (a) the names of the proposed civil partners, and (b) the date on which it is intended to register them as civil partners of each other. (4) As soon as practicable after the date mentioned in subsection (3) the registrar must remove from the list the names and the date mentioned in that subsection. (5) Any person claiming that he may have reason to make an objection to a proposed civil partnership may inspect any entry relating to the civil partnership in the civil partnership notice book without charge.

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141 Power to require evidence of name etc.

(1) A registrar to whom a civil partnership notice is given may require the person giving it to provide him with specified evidence relating to each proposed civil partner. (2) Such a requirement may be imposed at any time before the registrar issues the civil partnership schedule under section 143. (3) “Specified evidence”, in relation to a person, means such evidence as may be specified in guidance issued by the Registrar General— (a) of the person’s name and surname, (b) of the person’s age, (c) as to whether the person is or has been a civil partner or lawfully married, and (d) of the person’s nationality.

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142 Objections

(1) Any person may at any time before the formation of a civil partnership in Northern Ireland make an objection in writing to the registrar. (2) An objection on the ground that one of the proposed civil partners is incapable of understanding the nature of civil partnership must be accompanied by a supporting certificate signed by a medical practitioner. (3) If the registrar is satisfied that the objection relates to no more than a misdescription or inaccuracy in the civil partnership notice, he must— (a) notify the proposed civil partners, (b) make such inquiries as he thinks fit, and (c) subject to the approval of the Registrar General, make any necessary correction to any document relating to the proposed civil partnership. (4) In any other case the registrar must notify the Registrar General of the objection. (5) If the Registrar General is satisfied that there is a legal impediment to the formation of the civil partnership, he must direct the registrar to— (a) notify the parties, and (b) take all reasonable steps to ensure that the formation of the civil partnership does not take place. (6) If subsection (5) does not apply, the Registrar General must direct the registrar to proceed under section 143. (7) For the purposes of this section and section 143 there is a legal impediment to the formation of a civil partnership where the proposed civil partners are not eligible to be registered as civil partners of each other. (8) A person who has submitted an objection may withdraw it at any time, but the Registrar General may have regard to an objection which has been withdrawn.

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143 Civil partnership schedule

After the registrar receives a civil partnership notice from each of the proposed civil partners, he must complete a civil partnership schedule in the prescribed form, if— (a) he is satisfied that there is no legal impediment to the formation of the civil partnership, or (b) the Registrar General has directed him under section 142(6) to proceed under this section.

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143A Civil partnership notice: false information or evidence

(1) A registrar may refuse to complete a civil partnership schedule under section 143 (or where one has already been completed, may cancel it) in a case where— (a) notice of a proposed civil partnership has been given under section 139, and (b) the registrar has reasonable grounds for suspecting that a relevant decision was made incorrectly because of the provision of false information or evidence in or accompanying that notice. (2) If the registrar refuses to complete (or cancels) a civil partnership schedule under subsection (1), the parties to the proposed civil partnership are to be taken not to have given notice under section 139; but that does not prevent criminal proceedings from being brought against either party, or any other person, in relation to the giving of the notice. (3) This section does not limit the powers of the registrar to refuse to complete (or, as the case may be, cancel) a civil partnership schedule. (4) In this section— “evidence” includes a photograph or other image; “exempt person” has the same meaning as in section 139E; “relevant decision” means a decision of a registrar that a party to the proposed civil partnership is an exempt person.

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144 Place of registration

(1) The place at which two people may register as civil partners of each other must be— (a) a registration office, or (b) a place approved under subsection (3). (2) Subsection (1) is subject to subsections (5) and (7). (3) A local registration authority may, in accordance with regulations under subsection (4), approve places where civil partnerships may be registered in its district. (4) Regulations under section 159 may make provision for or in connection with the approval of places under subsection (3), including provision as to— (a) the kinds of place in respect of which approvals may be granted, (b) the procedure to be followed in relation to applications for approval, (c) the considerations to be taken into account in determining whether to approve any places, (d) the duration and renewal of approvals (whether for one occasion or for a period), (e) the conditions that must or may be imposed on granting or renewing an approval, (f) the determination and charging of fees in respect of[en rule] (i) applications for the approval of places, (ii) the renewal of approvals, and (iii) the attendance by registrars at places approved under the regulations, (g) the circumstances in which a local registration authority must or may revoke or suspend an approval or vary any of the conditions imposed in relation to an approval, (h) the renewal of decisions made by virtue of the regulations, (i) appeals to a county court from decisions made by virtue of the regulations, (j) the notification to the Registrar General of all approvals granted, renewed, revoked, suspended or varied, (k) the notification to the registrar for the district in which a place approved under the regulations is situated of all approvals relating to such a place which are granted, renewed, revoked, suspended or varied, (l) the keeping by the Registrar General, registrars and local registration authorities of registers of places approved under the regulations, and (m) the issue by the Registrar General of guidance supplementing the provision made by the regulations. (5) If either of the parties to a proposed civil partnership gives the registrar a medical statement, the civil partnership may, with the approval of the Registrar General, be registered at any place where that party is. (6) In subsection (5) “medical statement”, in relation to any person, means a statement made in the prescribed form by a registered medical practitioner that in his opinion at the time the statement is made— (a) by reason of serious illness or serious bodily injury, that person ought not to move or be moved from the place where he is at that time, and (b) it is likely that it will be the case for at least the following 3 months that by reason of illness or disability the person ought not to move or be moved from that place. (7) If the Registrar General so directs, a registrar must register a civil partnership in a place specified in the direction.

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145 Parental etc. consent where proposed civil partner under 18

(1) The consent of the appropriate persons is required before a young person and another person may register as civil partners of each other. (2) Schedule 13 contains provisions— (a) for determining who are the appropriate persons for the purposes of this section (see Part 1 of the Schedule); (b) for orders dispensing with consent and for recording consents and orders (see Parts 2 and 3 of the Schedule). (3) Each consent required by subsection (1) must be— (a) in the prescribed form; and (b) produced to the registrar before the issue of the civil partnership schedule. (4) Nothing in this section affects any need to obtain the consent of the High Court before a ward of court and another person may register as civil partners of each other. (5) In this section and Schedule 13 “young person” means a person who is under 18.

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146 Validity of registration

(1) This section applies to any legal proceedings commenced at any time after the registration of a civil partnership is recorded under section 137. (2) The validity of the civil partnership must not be questioned in any such proceedings on the ground of any contravention of a provision of, or made under, this Act.

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147 Corrections and cancellations

(1) Regulations under section 159 may make provision for the making of corrections by the Registrar General or any registrar. (2) The Registrar General must cancel the registration of a void civil partnership or direct the registrar to do so. (3) Subsection (4) applies in relation to a civil partnership formed in Northern Ireland before, on or after 13th January 2020 where, before the civil partnership is formed, a full gender recognition certificate has been issued under the Gender Recognition Act 2004 to either or each of the parties. (4) The Registrar General, after consulting the parties, may— (a) modify, or direct a registrar to modify, the recorded status of either or both of the parties in the registration of the civil partnership, or (b) direct a registrar to modify the way in which the status of either or both of the parties is to be recorded when registering the civil partnership, for the purpose of reducing the risk that the recorded status of the parties in the registration of the civil partnership will disclose the issue of the gender recognition certificate or either of the certificates.

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148 Interpreters

(1) If the registrar considers it necessary or desirable, he may use the services of an interpreter (not being one of the civil partners or a witness). (2) The interpreter must— (a) before the registration of the civil partnership, sign a statement in English that he understands, and is able to converse in, any language in respect of which he is to act as an interpreter, and (b) immediately after the registration of the civil partnership, give the registrar a certificate written in English and signed by the interpreter that he has faithfully acted as the interpreter.

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149 Detained persons

(1) If— (a) one of the parties to a proposed civil partnership is detained in a prison or as a patient in a hospital, and (b) the civil partnership is to be registered in that prison or hospital, the civil partnership notice given by that party must be accompanied by a statement to which subsection (2) applies. (2) This subsection applies to a statement which— (a) is made in the prescribed form by the responsible authority not more than 21 days before the date on which the civil partnership notice is given, (b) identifies the establishment where the person is detained, and (c) states that the responsible authority has no objection to that establishment being the place of registration for that civil partnership. (3) In subsection (2) “responsible authority” means— (a) if the person named in the statement is detained in a prison, the governor or other officer in charge of that prison; (b) if the person named in the statement is detained in a hospital or special accommodation, the Health and Social Care trust administering that hospital or the Department of Health, Social Services and Public Safety, respectively; (c) if the person named in the statement is detained in a private hospital, the person in charge of that hospital. (4) After the registrar receives a civil partnership notice accompanied by a statement to which subsection (2) applies, he must notify the Registrar General and not complete a civil partnership schedule unless the Registrar General directs him to proceed under section 143. (5) In this section— (a) “prison” includes a remand centre and a young offenders centre, and (b) “hospital”, “patient”, “private hospital” and “special accommodation” have the same meaning as in the Mental Health (Northern Ireland) Order 1986 (S.I. 1986/595 (N.I. 4)).

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150 Certificates of no impediment for Part 2 purposes

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151 Registration districts and registration authorities

(1) Each local government district shall be a registration district and the district council shall be the local registration authority for the purposes of this Part. (2) A district council shall, in the exercise of functions conferred on it as a local registration authority— (a) act as agent for the Department of Finance and Personnel, and (b) act in accordance with such directions as that Department may give to the council. (3) Any expenditure to be incurred by the district council in the exercise of functions conferred on it as a local registration authority shall be subject to the approval of the Registrar General. (4) The Department of Finance and Personnel shall retain or, as the case may be, defray in respect of each financial year the amount of the difference between— (a) the aggregate of the amounts of salaries, pension provision and other expenses payable by virtue of this Part in respect of any registration district, and (b) the aggregate of the amounts received in that registration district under any statutory provision or otherwise by way of fees or other expenses.

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152 Registrars and other staff

(1) A local registration authority shall, with the approval of the Registrar General, appoint— (a) a registrar of civil partnerships, and (b) one or more deputy registrars of civil partnerships. (2) A person holding an appointment under subsection (1) may with the approval of, and shall at the direction of, the Registrar General be removed from his office of registrar or deputy registrar by the local registration authority. (3) A local registration authority shall, at the direction of the Registrar General, appoint additional persons to register civil partnerships and carry out other functions for the purposes of this Part. (4) A person shall not be appointed under subsection (1) or (3) if he is under the age of 21. (5) Regulations under section 159 may confer additional functions on a person holding an appointment under subsection (1). (6) A person holding an appointment under subsection (1) shall, in exercising his functions under this Part or any other statutory provision, be subject to such instructions or directions as the Registrar General may give.

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153 Records and documents to be sent to Registrar General

If the Registrar General directs him to do so, a person must send to the Registrar General any record or document relating to civil partnerships in accordance with the Registrar General’s directions.

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154 Annual report

(1) The Registrar General must send to the Department of Finance and Personnel an annual report of the number of civil partnerships registered during each year, together with such other information as he considers it appropriate to include. (2) The Department of Finance and Personnel must lay the report before the Northern Ireland Assembly.

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155 Searches

(1) The Registrar General must provide indexes to civil partnership registration records in his custody for inspection by the public. (2) A registrar must provide indexes to civil partnership registration records in his custody for inspection by the public. (3) Any person may, on payment of the prescribed fee— (a) search any index mentioned in subsection (1) or (2), and (b) require the Registrar General or, as the case may be, the registrar to give him a document in the prescribed form relating to the registration of a civil partnership. (4) The Registrar General must cause any document given by him under this section or section 156 to be stamped with the seal of the General Register Office. (5) Judicial notice shall be taken of any document so stamped. (6) Regulations under section 159 may make provision for any person to have access, on payment of the prescribed fee, to any information contained in any civil partnership registration records. (7) Regulations under section 159 may provide that the relevant period must have expired in relation to the information. (8) In subsection (7) “the relevant period” in relation to a civil partnership means the period of 75 years from the date on which the civil partnership was registered or such other period as may be prescribed. (9) Regulations under section 159 may provide for the Registrar General— (a) to make arrangements with any person for the purpose of providing access to information as mentioned in subsection (6); and (b) for that purpose to transfer information to that person subject to conditions (including conditions as to the making of payments by that person to the Registrar General).

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155A Notification of registration

(1) The Registrar General may notify such persons as the Registrar General considers appropriate of the registration of a civil partnership. (2) An application may be made in the prescribed form to the Registrar General as to persons to be notified by the Registrar General under subsection (1) by either civil partner. (3) The prescribed fee shall be payable to the Registrar General by the applicant. (4) Any notification under subsection (1) shall be subject to such conditions as the Registrar General considers appropriate. (5) The power conferred by subsection (1) may be exercised whether or not an application has been made under subsection (2).

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156 Proof of civil partnership for purposes of certain statutory provisions

(1) Where the civil partnership of a person is required to be proved for the purposes of any prescribed statutory provision, any person— (a) on application to the Registrar General, and (b) on payment of the prescribed fee, is entitled to a document in the prescribed form relating to the registration of the civil partnership of that person. (2) An application under subsection (1) must be in such form and accompanied by such particulars as the Registrar General may require. (3) The Registrar General or any registrar may, on payment of the prescribed fee, issue such information (including a document as mentioned in subsection (1)) as may be required for the purposes of any prescribed statutory provision.

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157 Fees

(1) The Department of Finance and Personnel may by order prescribe— (a) any fee which is required to be prescribed for the purposes of this Chapter; (b) fees for such other matters as that Department considers necessary or expedient for the purposes of this Chapter. (2) The power to make an order under subsection (1) is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)). (3) An order under subsection (1) may only be made if a draft has been laid before and approved by resolution of the Northern Ireland Assembly.

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158 Offences

(1) Any registrar who signs a civil partnership schedule in the absence of the civil partners is guilty of an offence. (2) Any person who is not a registrar but officiates at the signing of a civil partnership schedule in such a way as to lead the civil partners to believe that he is a registrar is guilty of an offence. (3) A person who is guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding 6 months or to both. (4) Notwithstanding anything in Article 19(1) of the Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)) (limitation of time for taking proceedings), proceedings for an offence under this section may be instituted at any time within 3 years after the commission of the offence.

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159 Regulations

(1) The Department of Finance and Personnel may by regulations make such provision as appears to it necessary or expedient for the registration of civil partnerships in Northern Ireland. (2) The power to make regulations under subsection (1) is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)). (3) Regulations under subsection (1) shall be subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 (1954 c. 33 (N.I.))).

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160 Interpretation

In this Chapter— “2014 Act” means the Immigration Act 2014; “civil partnership notice” means a notice of proposed civil partnership under section 139; “civil partnership notice book” has the meaning given by section 140; “prescribed”, except in relation to a fee, means prescribed by regulations under section 159 and, in relation to a fee, means prescribed by order under section 157; “registrar” means such person appointed under section 152(1)(a) or (b) or (3) as may be prescribed; “Registrar General” means the Registrar General for Northern Ireland; “relevant national” has the same meaning as in section 30A; “statutory provision” has the meaning given by section 1(f) of the Interpretation Act (Northern Ireland) 1954 (1954 c. 33 (N.I.)).

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161 Powers to make orders and effect of orders

(1) The court may, in accordance with this Chapter— (a) make an order (a “dissolution order”) which dissolves a civil partnership on the ground that it has broken down irretrievably; (b) make an order (a “nullity order”) which annuls a civil partnership which is void or voidable; (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (d) make an order (a “separation order”) which provides for the separation of the civil partners. (2) Every dissolution order or nullity order— (a) is, in the first instance, a conditional order, and (b) may not be made final before the end of the prescribed period (see section 162); and any reference in this Chapter to a conditional order is to be read accordingly. (3) A nullity order made where a civil partnership is voidable annuls the civil partnership only as respects any time after the order has been made final, and the civil partnership is to be treated (despite the order) as if it had existed up to that time. (4) In this Chapter “the court” has the meaning given by section 188. (5) This Chapter is subject to section 219 and sections 228 to 232 (jurisdiction of the court).

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