67 Applications under section 66 where property not in possession etc.
(1) The right of a civil partner (“A”) to make an application under section 66 includes the right to make such an application where A claims that the other civil partner (“B”) has had in his possession or under his control—
(a) money to which, or to a share of which, A was beneficially entitled, or
(b) property (other than money) to which, or to an interest in which, A was beneficially entitled,
and that either the money or other property has ceased to be in B’s possession or under B’s control or that A does not know whether it is still in B’s possession or under B’s control.
(2) For the purposes of subsection (1)(a) it does not matter whether A is beneficially entitled to the money or share—
(a) because it represents the proceeds of property to which, or to an interest in which, A was beneficially entitled, or
(b) for any other reason.
(3) Subsections (4) and (5) apply if, on such an application being made, the court is satisfied that B—
(a) has had in his possession or under his control money or other property as mentioned in subsection (1)(a) or (b), and
(b) has not made to A, in respect of that money or other property, such payment or disposition as would have been appropriate in the circumstances.
(4) The power of the court to make orders under section 66 includes power to order B to pay to A—
(a) in a case falling within subsection (1)(a), such sum in respect of the money to which the application relates, or A’s s share of it, as the court considers appropriate, or
(b) in a case falling within subsection (1)(b), such sum in respect of the value of the property to which the application relates, or A’s interest in it, as the court considers appropriate.
(5) If it appears to the court that there is any property which—
(a) represents the whole or part of the money or property, and
(b) is property in respect of which an order could (apart from this section) have been made under section 66,
the court may (either instead of or as well as making an order in accordance with subsection (4)) make any order which it could (apart from this section) have made under section 66.
(6) Any power of the court which is exercisable on an application under section 66 is exercisable in relation to an application made under that section as extended by this section.
68 Applications under section 66 by former civil partners
(1) This section applies where a civil partnership has been dissolved or annulled.
(2) Subject to subsection (3), an application may be made under section 66 (including that section as extended by section 67) by either former civil partner despite the dissolution or annulment (and references in those sections to a civil partner are to be read accordingly).
(3) The application must be made within the period of 3 years beginning with the date of the dissolution or annulment.
(1) This section applies if an action in tort is brought by one civil partner against the other during the subsistence of the civil partnership.
(2) The court may stay the proceedings if it appears—
(a) that no substantial benefit would accrue to either civil partner from the continuation of the proceedings, or
(b) that the question or questions in issue could more conveniently be disposed of on an application under section 66.
(3) Without prejudice to subsection (2)(b), the court may in such an action—
(a) exercise any power which could be exercised on an application under section 66, or
(b) give such directions as it thinks fit for the disposal under that section of any question arising in the proceedings.
70 Assurance policy by civil partner for benefit of other civil partner etc.
Section 11 of the Married Women’s Property Act 1882 (c. 75) (money payable under policy of assurance not to form part of the estate of the insured) applies in relation to a policy of assurance—
(a) effected by a civil partner on his own life, and
(b) expressed to be for the benefit of his civil partner, or of his children, or of his civil partner and children, or any of them,
as it applies in relation to a policy of assurance effected by a husband and expressed to be for the benefit of his wife, or of his children, or of his wife and children, or of any of them.
71 Wills, administration of estates and family provision
Schedule 4 amends enactments relating to wills, administration of estates and family provision so that they apply in relation to civil partnerships as they apply in relation to marriage.
72 Financial relief for civil partners and children of family
(1) Schedule 5 makes provision for financial relief in connection with civil partnerships that corresponds to provision made for financial relief in connection with marriages by Part 2 of the Matrimonial Causes Act 1973 (c. 18).
(2) Any rule of law under which any provision of Part 2 of the 1973 Act is interpreted as applying to dissolution of a marriage on the ground of presumed death is to be treated as applying (with any necessary modifications) in relation to the corresponding provision of Schedule 5.
(3) Schedule 6 makes provision for financial relief in connection with civil partnerships that corresponds to provision made for financial relief in connection with marriages by the Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22).
(4) Schedule 7 makes provision for financial relief in England and Wales after a civil partnership has been dissolved or annulled, or civil partners have been legally separated, in a country outside the British Islands.
(1) A civil partnership agreement does not under the law of England and Wales have effect as a contract giving rise to legal rights.
(2) No action lies in England and Wales for breach of a civil partnership agreement, whatever the law applicable to the agreement.
(3) In this section and section 74 “civil partnership agreement” means an agreement between two people—
(a) to register as civil partners of each other—
(i) in England and Wales (under this Part),
(ii) in Scotland (under Part 3),
(iii) in Northern Ireland (under Part 4), or
(iv) outside the United Kingdom under an Order in Council made under Chapter 1 of Part 5 (registration at British consulates etc. or by armed forces personnel), or
(b) to enter into an overseas relationship.
(4) This section applies in relation to civil partnership agreements whether entered into before or after this section comes into force, but does not affect any action commenced before it comes into force.
74 Property where civil partnership agreement is terminated
(1) This section applies if a civil partnership agreement is terminated.
(2) Section 65 (contributions by civil partner to property improvement) applies, in relation to any property in which either or both of the parties to the agreement had a beneficial interest while the agreement was in force, as it applies in relation to property in which a civil partner has a beneficial interest.
(3) Sections 66 and 67 (disputes between civil partners about property) apply to any dispute between or claim by one of the parties in relation to property in which either or both had a beneficial interest while the agreement was in force, as if the parties were civil partners of each other.
(4) An application made under section 66 or 67 by virtue of subsection (3) must be made within 3 years of the termination of the agreement.
(5) A party to a civil partnership agreement who makes a gift of property to the other party on the condition (express or implied) that it is to be returned if the agreement is terminated is not prevented from recovering the property merely because of his having terminated the agreement.
75 Parental responsibility, children of the family and relatives
(1) Amend the Children Act 1989 (c. 41) (“the 1989 Act”) as follows.
(2) In section 4A(1) (acquisition of parental responsibility by step-parent) after “is married to” insert “ , or a civil partner of, ”.
(3) In section 105(1) (interpretation), for the definition of “child of the family” (in relation to the parties to a marriage) substitute—
“child of the family”, in relation to parties to a marriage, or to two people who are civil partners of each other, means—
(a) a child of both of them, and
(b) any other child, other than a child placed with them as foster parents by a local authority or voluntary organisation, who has been treated by both of them as a child of their family.
(4) In the definition of “relative” in section 105(1), for “by affinity)” substitute “ by marriage or civil partnership) ”.
In section 6 of the 1989 Act (guardians: revocation and disclaimer) after subsection (3A) insert—
(3B) An appointment under section 5(3) or (4) (including one made in an unrevoked will or codicil) is revoked if the person appointed is the civil partner of the person who made the appointment and either—
(a) an order of a court of civil jurisdiction in England and Wales dissolves or annuls the civil partnership, or
(b) the civil partnership is dissolved or annulled and the dissolution or annulment is entitled to recognition in England and Wales by virtue of Chapter 3 of Part 5 of the Civil Partnership Act 2004,
unless a contrary intention appears by the appointment.
77 Entitlement to apply for residence or contact order
In section 10(5) of the 1989 Act (persons entitled to apply for residence or contact order) after paragraph (a) insert—
(aa) any civil partner in a civil partnership (whether or not subsisting) in relation to whom the child is a child of the family;
.
(1) Amend Schedule 1 to the 1989 Act (financial provision for children) as follows.
(2) In paragraph 2(6) (meaning of “periodical payments order”) after paragraph (d) insert—
(e) Part 1 or 9 of Schedule 5 to the Civil Partnership Act 2004 (financial relief in the High Court or a county court etc.);
(f) Schedule 6 to the 2004 Act (financial relief in the magistrates' courts etc.),
.
(3) In paragraph 15(2) (person with whom a child lives or is to live) after “husband or wife” insert “ or civil partner ”.
(4) For paragraph 16(2) (extended meaning of “parent”) substitute—
(2) In this Schedule, except paragraphs 2 and 15, “parent” includes—
(a) any party to a marriage (whether or not subsisting) in relation to whom the child concerned is a child of the family, and
(b) any civil partner in a civil partnership (whether or not subsisting) in relation to whom the child concerned is a child of the family;
and for this purpose any reference to either parent or both parents shall be read as a reference to any parent of his and to all of his parents.
(1) Amend the Adoption and Children Act 2002 (c. 38) as follows.
(2) In section 21 (placement orders), in subsection (4)(c), after “child marries” insert “ , forms a civil partnership ”.
(3) In section 47 (conditions for making adoption orders), after subsection (8) insert—
(8A) An adoption order may not be made in relation to a person who is or has been a civil partner.
(4) In section 51 (adoption by one person), in subsection (1), after “is not married” insert “ or a civil partner ”.
(5) After section 51(3) insert—
(3A) An adoption order may be made on the application of one person who has attained the age of 21 years and is a civil partner if the court is satisfied that—
(a) the person’s civil partner cannot be found,
(b) the civil partners have separated and are living apart, and the separation is likely to be permanent, or
(c) the person’s civil partner is by reason of ill-health, whether physical or mental, incapable of making an application for an adoption order.
(6) In section 64 (other provision to be made by regulations), in subsection (5) for “or marriage” substitute “ , marriage or civil partnership ”.
(7) In section 74(1) (enactments for whose purposes section 67 does not apply), for paragraph (a) substitute—
(a) section 1 of and Schedule 1 to the Marriage Act 1949 or Schedule 1 to the Civil Partnership Act 2004 (prohibited degrees of kindred and affinity),
.
(8) In section 79 (connections between the register and birth records), in subsection (7)—
(a) in paragraph (b), after “intends to be married” insert “ or form a civil partnership ”, and
(b) for “the person whom the applicant intends to marry” substitute “ the intended spouse or civil partner ”.
(9) In section 81 (Adoption Contact Register: supplementary), in subsection (2) for “or marriage” substitute “ , marriage or civil partnership ”.
(10) In section 98 (pre-commencement adoptions: information), in subsection (7), in the definition of “relative” for “or marriage” substitute “ , marriage or civil partnership ”.
(11) In section 144 (interpretation), in the definition of “relative” in subsection (1), after “by marriage” insert “ or civil partnership ”.
(12) In section 144(4) (meaning of “couple”), after paragraph (a) insert—
(aa) two people who are civil partners of each other, or
.
80 False statements etc. with reference to civil partnerships
(1) A person commits an offence if—
(a) for the purpose of procuring the formation of a civil partnership, or a document mentioned in subsection (2), he—
(i) makes or signs a declaration required under this Part or Part 5, or
(ii) gives a notice or certificate so required,
knowing that the declaration, notice or certificate is false,
(b) for the purpose of a record being made in any register relating to civil partnerships, he—
(i) makes a statement as to any information which is required to be registered under this Part or Part 5, or
(ii) causes such a statement to be made,
knowing that the statement is false, or
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d) with respect to a declaration made under paragraph 5(1) of Schedule 1 he makes a statement mentioned in paragraph 6 of that Schedule which he knows to be false in a material particular.
(2) The documents are—
(a) a civil partnership schedule or a Registrar General’s licence under Chapter 1;
(b) a document required by an Order in Council under section 210 or 211 as an authority for two people to register as civil partners of each other;
(c) a certificate of no impediment under section 240.
(3) A person guilty of an offence under subsection (1) is liable—
(a) on conviction on indictment, to imprisonment for a term not exceeding 7 years or to a fine (or both);
(b) on summary conviction, to a fine not exceeding the statutory maximum.
(4) The Perjury Act 1911 (c. 6) has effect as if this section were contained in it.
Schedule 9 amends Part 4 of the Family Law Act 1996 (c. 27) and related enactments so that they apply in relation to civil partnerships as they apply in relation to marriages.
(1) Amend the Fatal Accidents Act 1976 (c. 30) as follows.
(2) In section 1(3) (meaning of “dependant” for purposes of right of action for wrongful act causing death), after paragraph (a) insert—
(aa) the civil partner or former civil partner of the deceased;
.
(3) In paragraph (b)(iii) of section 1(3), after “wife” insert “ or civil partner ”.
(4) After paragraph (f) of section 1(3) insert—
(fa) any person (not being a child of the deceased) who, in the case of any civil partnership in which the deceased was at any time a civil partner, was treated by the deceased as a child of the family in relation to that civil partnership;
.
(5) After section 1(4) insert—
(4A) The reference to the former civil partner of the deceased in subsection (3)(aa) above includes a reference to a person whose civil partnership with the deceased has been annulled as well as a person whose civil partnership with the deceased has been dissolved.
(6) In section 1(5)(a), for “by affinity” substitute “ by marriage or civil partnership ”.
(7) In section 1A(2) (persons for whose benefit claim for bereavement damages may be made)—
(a) in paragraph (a), after “wife or husband” insert “ or civil partner ”, and
(b) in paragraph (b), after “was never married” insert “ or a civil partner ”.
(8) In section 3 (assessment of damages), in subsection (4), after “wife” insert “ or civil partner ”.
(1) Any enactment or rule of law relating to the giving of evidence by a spouse applies in relation to a civil partner as it applies in relation to the spouse.
(2) Subsection (1) is subject to any specific amendment made by or under this Act which relates to the giving of evidence by a civil partner.
(3) For the avoidance of doubt, in any such amendment, references to a person’s civil partner do not include a former civil partner.
(4) References in subsections (1) and (2) to giving evidence are to giving evidence in any way (whether by supplying information, making discovery, producing documents or otherwise).
(5) Any rule of law—
(a) which is preserved by section 7(3) of the Civil Evidence Act 1995 (c. 38) or section 118(1) of the Criminal Justice Act 2003 (c. 44), and
(b) under which in any proceedings evidence of reputation or family tradition is admissible for the purpose of proving or disproving the existence of a marriage,
is to be treated as applying in an equivalent way for the purpose of proving or disproving the existence of a civil partnership.
(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 have attained the age of 16, and
(c) the approved celebrant or, as the case may be, the authorised registrar.
(2) But the two people must be eligible to be so registered.
(3) Subsection (1) applies regardless of whether subsection (4) is complied with.
(4) 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 approved celebrant or, as the case may be, the authorised registrar.
(1) Two people are not eligible to register in Scotland as civil partners of each other if—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) they are related in a forbidden degree,
(c) either has not attained the age of 16,
(d) either is married or already in civil partnership, or
(e) either is incapable of—
(i) understanding the nature of civil partnership, or
(ii) validly consenting to its formation.
(2) Subject to subsection (3), a person is related to another person in a forbidden degree if related to that person in a degree specified in Schedule 10.
(3) A person who is related to another person in a degree specified in paragraph 2 of Schedule 10 (relationships by affinity) is not related to that person in a forbidden degree if—
(a) both persons have attained the age of 21, and
(b) the younger has not at any time before attaining the age of 18 lived in the same household as the elder and been treated by the elder as a child of the elder’s family.
(3A) For the purposes of paragraph 2 of Schedule 10, “spouse” means—
(a) in the case of a marriage between persons of different sexes, a wife in relation to her husband or a husband in relation to his wife, and
(b) in the case of a marriage between persons of the same sex, one of the parties to the marriage in relation to the other.
(4) Paragraph 2 of Schedule 10 has effect subject to the modifications specified in subsection (5) in the case of a person (here the “relevant person”) whose gender has become the acquired gender under the Gender Recognition Act 2004 (c. 7).
(5) The reference in subsection (3A)(a) as it applies to that paragraph to—
(a) a ... wife of the relevant person includes any ... husband of the relevant person, and
(b) a ... husband of the relevant person includes any ... wife of the relevant person.
(5A) This section and Schedule 10 have effect as if any reference in that Schedule to a parent within any of the degrees of relationship specified ... included a woman who is a parent of a child by virtue of section 42 or 43 of the Human Fertilisation and Embryology Act 2008 (c. 22).
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8) References in this section and in Schedule 10 to relationships and degrees of relationship are to be construed in accordance with section 1(1) of the Law Reform (Parent and Child) (Scotland) Act 1986 (c. 9).
(9) For the purposes of this section, a degree of relationship specified in paragraph 1 of Schedule 10 exists whether it is of the full blood or the half blood.
(10) Amend section 41(1) of the Adoption (Scotland) Act 1978 (c. 28) (application to determination of forbidden degrees of provisions of that Act relating to the status conferred by adoption) as follows—
(a) after first “marriage” insert “ , to the eligibility of persons to register as civil partners of each other ”, and
(b) for “and incest” substitute “ , to such eligibility and to incest ”.
For the purpose of affording reasonable facilities throughout Scotland for civil registration as civil partners, the Registrar General—
(a) is to appoint such number of district registrars as he thinks necessary, and
(b) may, in respect of any district for which he has made an appointment under paragraph (a), appoint one or more assistant registrars,
as persons who may carry out such registration (in this Part referred to as “authorised registrars”).
(1) In order to register as civil partners, each of the intended civil partners must submit to the district registrar a notice, in the prescribed form . . . , of intention to enter civil partnership (in this Part referred to as a “notice of proposed civil partnership”).
(2) Each of the intended civil partners must also pay the prescribed fee and submit the following documents—
(a) that person's birth certificate,
(b) if that person has previously been married or in civil partnership and—
(i) the marriage or civil partnership has been dissolved, a copy of the decree of divorce or dissolution, or
(ii) the other party to that marriage or civil partnership has died, the death certificate of that other party, and
(c) if that person has previously ostensibly been married or in civil partnership but decree of annulment has been obtained, a copy of that decree.
(2A) If an intended civil partner is a relevant national as defined in section 30A(ab)(i) or (ii) the intended civil partner must also submit—
(a) where the intended civil partner falls within section 30A(ab)(i), an electronic certificate which confirms that the leave referred to in that provision has been granted; or
(b) where the intended civil partner falls within section 30A(ab)(ii)—
(i) a certificate of application which confirms that the application referred to in regulation 4 of the Citizens' Rights (Application Deadline and Temporary Protection) (EU Exit) Regulations 2020 has been made; and
(ii) evidence that the relevant period referred to in regulation 4 of those Regulations has not expired.
(3) If a person is unable to submit a certificate or decree required by subsection (2) he may instead make a declaration to that effect, stating what the reasons are; and he must provide the district registrar with such—
(a) information in respect of the matters to which the certificate or document would have related, and
(b) documentary evidence in support of that information,
as the district registrar may require.
(4) If a document submitted under subsection (2) or (3) is in a language other than English, the person submitting it must, unless subsection (4A) applies, attach to the document a translation of it in English, certified by the translator as a correct translation.
(4A) This subsection applies where—
(a) the document submitted is accompanied by a multilingual standard form issued by an authority in a Member State of the European Union in accordance with Regulation (EU) 2016/1191 of the European Parliament and of the Council, and
(b) the district registrar considers that the information included in the multilingual standard form is sufficient for processing the document.
(5) A person submitting a notice under subsection (1) must make and attest in the prescribed manner the necessary declaration (the form for which must be included in any form prescribed for the notice).
(5A) Regulations prescribing the form of the notice of proposed civil partnership may make provision for the notice to be electronic rather than paper-based.
(6) The necessary declaration is a declaration that the person submitting the notice believes that the intended civil partners are eligible to be in civil partnership with each other.
(7) In this section, “the district registrar” means—
(a) where the civil partnership is to be registered in a registration district, the district registrar for that district,
(b) where the civil partnership is to be registered in Scottish waters—
(i) in the case where the civil partnership is to be registered by an approved celebrant, the district registrar for any registration district,
(ii) in the case where the civil partnership is to be registered by an authorised registrar, the district registrar for the registration district of the proposed authorised registrar.
(8) A district registrar to whom a notice under subsection (1) is submitted may require the person submitting the notice to provide the district registrar with specified nationality evidence relating to each of the intended civil partners.
(9) A requirement under subsection (8) may be imposed at any time—
(a) on or after the submitting of the notice under subsection (1), but
(b) before the district registrar completes the civil partnership schedule.
(10) In subsection (8), “specified nationality evidence” means such evidence of that person's nationality as may be specified in guidance issued by the Registrar General.
88A Additional information if party not relevant national
(1) This section applies to a notice of proposed civil partnership submitted to a district registrar in accordance with section 88 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 district registrar with details of his immigration position in the United Kingdom; and
(c) if any such details are provided, the district registrar must record them.
(9) In this section and section 88B—
(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).
88B Additional evidence if party not relevant national
(1) If a notice of proposed civil partnership to which section 88A applies (“the notice”) is accompanied by statement A (referred to in section 88A(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 88A(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 88A(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 88A(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 88A(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 88A(6) (insofar as those paragraphs are applicable to the proposed civil partnership).
(6) In this section—
“relevant entry in section 88A(6)” means the second column of the last entry in the table in section 88A(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.
88C Declaration to accompany information and evidence
Where the notice of proposed civil partnership is accompanied by—
(a) information provided in accordance with section 88A, and
(b) information and evidence provided in accordance with section 88B,
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.
(1) A district registrar may reject—
(a) any evidence relating to a party’s nationality provided in accordance with section 88(8),
(b) any information or photograph provided under section 88A or 88B, or
(c) any evidence provided under section 88B,
if (in particular) the district registrar has reasonable grounds for suspecting that the information, photograph or evidence is false.
(2) If the district registrar rejects any information, photograph or evidence, the district 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 district registrar to reject anything provided under any other enactment.
(4) In this section “enactment” includes an enactment comprised in, or an instrument made under, an Act of the Scottish Parliament.
88E Notice of proposed civil partnership: treated as not given
(1) Where any of the requirements imposed by or under any of the provisions of this Act mentioned in subsection (2) is applicable but not complied with by either or both parties to the proposed civil partnership, the parties are to be taken not to have submitted notice under section 88.
(2) The provisions are—
(a) section 88(8);
(b) section 88A(2) to (7);
(c) section 88B(3) or (5);
(d) paragraph 9 of Schedule 23.
88F Referral of proposed civil partnership to the Secretary of State
(1) On every occasion when notice of proposed civil partnership is submitted under section 88, a district registrar must decide whether or not each of the parties to the proposed civil partnership is an exempt person.
(2) But this section does not apply if section 96 applies to the proposed civil partnership.
(3) In making a decision under subsection (1) about a party to a proposed civil partnership, a district registrar may rely on any advice given in relation to that decision by the Secretary of State.
(4) In a case where—
(a) section 88A applies to the notice of proposed civil partnership, and
(b) specified evidence required by section 88B(1) or (2) in relation to a party to the proposed civil partnership is not produced in accordance with that section,
the district registrar must decide that that party to the proposed civil partnership is not an exempt person.
(5) If the district 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.
(6) The district registrar must act in accordance with regulations when complying with the duty in subsection (5)(a) to refer a proposed civil partnership to the Secretary of State.
(7) If the district 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 10A.
(8) 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.
(1) On receipt of a notice of proposed civil partnership, the district registrar is to enter in a book (to be known as “the civil partnership book”) supplied to him for that purpose by the Registrar General such particulars, extracted from the notice, as may be prescribed and the date of receipt by him of that notice.
(2) The form and content of any page of that book is to be prescribed.
(3) In this section and sections 90, 91, 92 and 94, “the district registrar” means—
(a) where the civil partnership is to be registered in a registration district, the district registrar for that district,
(b) where the civil partnership is to be registered in Scottish waters—
(i) in the case where the civil partnership is to be registered by an approved celebrant, the district registrar to whom the civil partnership notices were submitted,
(ii) in the case where the civil partnership is to be registered by an authorised registrar, the district registrar for the registration district of the proposed authorised registrar.
(4) Subsection (1) is subject to section 88E.
(1) Where notices of a proposed civil partnership are received by the district registrar , he must, as soon as practicable after such receipt(or, if the two documents are not received on the same day, after the first is received), publicise the relevant information and send it to the Registrar General who must also publicise it.
(2) “The relevant information” means—
(a) the names of the intended civil partners, and
(b) the date on which it is intended to register them as civil partners of each other, being a date more than 28 days after publicisation by the district registrar under subsection (1).
(3) Paragraph (b) of subsection (2) is subject to section 91(1) .
(4) The manner in which and means by which relevant information is to be publicised are to be prescribed.
(1) Where the district registrar receives a request in writing from one or both of two intended civil partners that they should be registered as civil partners of each other on a date specified in the request (being a date 28 days or fewer after publicisation by the district registrar under subsection (1) of section 90) the district registrar may, provided that he is authorised to do so by the Registrar General, fix that date as the date for registration; and if a date is so fixed, paragraph (b) of subsection (2) of that section is to be construed as if it were a reference to that date.
(1A) Unless subsection (1B) applies, if a proposed civil partnership is referred to the Secretary of State under section 88F (“the referred civil partnership”) the Registrar General may not authorise the district registrar to fix the specified date mentioned in subsection (1) as the date for registration of the referred civil partnership without the consent of the Secretary of State.
(1B) This subsection applies if the request made under subsection (1) is made because a party to the referred civil partnership is gravely ill and not expected to recover.
(2) For the purposes of subsection (1), a request which is made by electronic means is to be treated as in writing if it is received in a form which is legible and capable of being used for subsequent reference.
(1) Any person may at any time before the registration in Scotland of two people as civil partners of each other submit in writing an objection to such registration to the district registrar.
(1A) For the purpose of subsection (1), an objection which is submitted to the registrar by electronic means is to be treated as in writing if it is received in a form which is legible and capable of being used for subsequent reference.
(2) But where the objection is that the intended civil partners are not eligible to be in civil partnership with each other because either is incapable of—
(a) understanding the nature of civil partnership, or
(b) validly consenting to its formation,
it shall not be treated as submitted until there has also been produced to the registrar a supporting certificate attested in the prescribed manner by a registered medical practitioner.
(3) A person claiming that he may have reason to submit such an objection may, free of charge and at any time when the registration office of the district registrar is open for public business, inspect any relevant entry in the civil partnership book.
(4) Where the district registrar receives an objection in accordance with subsection (1) he must—
(a) in any case where he is satisfied that the objection relates to no more than a misdescription or inaccuracy in a notice submitted under section 88(1)—
(i) notify the intended civil partners of the nature of the objection and make such enquiries into the matter mentioned in it as he thinks fit, and
(ii) subject to the approval of the Registrar General, make any necessary correction to any document relating to the proposed civil partnership, or
(b) in any other case—
(i) at once notify the Registrar General of the objection, ...
(ii) pending consideration of the objection by the Registrar General, suspend the completion or issue of the civil partnership schedule in respect of the proposed civil partnership, and
(iii) where, in the case of a civil partnership to be registered by an approved celebrant, the civil partnership schedule has already been issued to the parties, if possible notify that celebrant of the objection and advise the celebrant not to register the civil partnership pending consideration of the objection.
(5) If the Registrar General is satisfied, on consideration of an objection of which he has received notification under subsection (4)(b)(i) that—
(a) there is a legal impediment to registration, he must direct the district registrar to take all reasonable steps to ensure that the registration of the civil partnership does not take place and must notify, or direct the district registrar to notify, the intended civil partners accordingly, or
(b) there is no such impediment, he must inform the district registrar to that effect.
(6) For the purposes of this section and section 94, there is a legal impediment to registration where the intended civil partners are not eligible to be in civil partnership with each other.
93 Place of civil registration of civil partnerships
(1) Two people may be registered by an authorised registrar as civil partners of each other—
(a) at the registration office of the authorised registrar,
(b) at an appropriate place in the registration district of the authorised registrar, or
(c) with the approval of the Registrar General, at—
(i) the registration office of another authorised registrar,
(ii) an appropriate place in the registration district of another authorised registrar, or
(iii) an appropriate place in Scottish waters.
(1A) In this section—
“appropriate place” means a place which—
the parties to the intended civil partnership and the local registration authority agree is to be the place of registration, and
is not religious premises,
“local registration authority” means—
the local registration authority for the registration district which includes the place, or
where the place is in Scottish waters, the local registration authority for the authorised registrar's registration district,
“religious premises” means premises which—
are used solely or mainly for religious purposes, or
have been so used and have not subsequently been used solely or mainly for other purposes.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) “Local registration authority” has the meaning given by section 5(3) of the 1965 Act.
(5) “Scottish Waters” has the meaning given by section 26(2) of the Marriage (Scotland) Act 1977 (c. 15).
93A Date and place of registration of religious or belief civil partnerships
(1) A religious or belief civil partnership may be registered only on the date and at the place specified in the civil partnership schedule.
(2) But if, for any reason, the civil partnership cannot be registered on that date or at that place and a new date or place is fixed for the registration, the district registrar must—
(a) issue another civil partnership schedule under section 94(2) in place of that already issued, specifying the new date or place, or
(b) substitute, or direct the approved celebrant to substitute, the new date or place in the civil partnership schedule already issued.
(3) Subsection (2) does not apply where—
(a) the new date is more than 3 months after the date for the registration specified in the civil partnership schedule already issued, or
(b) the new place is in a different registration district, is in Scottish waters instead of a registration district or is in a registration district instead of Scottish waters.
(4) In a case falling within subsection (3)(a) or (b) the Registrar General may, according to the circumstances—
(a) direct the district registrar—
(i) to issue another civil partnership schedule under section 94(2) in place of that already issued, specifying the new date or place, or
(ii) to substitute, or direct the approved celebrant to substitute, the new date or place in the civil partnership schedule already issued,
(whichever the Registrar General considers the more appropriate), or
(b) direct each party to the civil partnership to submit to the district registrar a new notice of proposed civil partnership.
(1) Where—
(a) the district registrar has received a notice of proposed civil partnership in respect of each of the intended civil partners and—
(i) is satisfied that there is no legal impediment to their registration as civil partners of each other, or
(ii) as the case may be, is informed under section 92(5)(b) that there is no such impediment,
(b) the 28 days mentioned in paragraph (b) of section 90(2) have expired (or as the case may be the date which, by virtue of section 91(1), that paragraph is to be construed as a reference to has been reached), and
(c) the period which has elapsed since the day of receipt of the notices by him (or, if the two notices were not received on the same day, since the day of receipt of the later) does not exceed 3 months,
he is to complete a civil partnership schedule in the prescribed form.
(2) In the case of a civil partnership to be registered by an approved celebrant, the civil partnership schedule completed in accordance with subsection (1) is to be issued by the district registrar to one or both of the parties to the intended civil partnership.
(3) The district registrar may not issue the civil partnership schedule on a date earlier than 7 days before the date of the intended civil partnership unless authorised to do so by the Registrar General.
(1) A civil partnership between persons of the same sex may be registered by and only by—
(a) a person who is—
(i) a celebrant of a religious or belief body prescribed by regulations made by the Scottish Ministers, or who, not being a celebrant, is recognised by a religious or belief body so prescribed as entitled to register civil partnerships between persons of the same sex on its behalf,
(ii) registered under section 94B to register civil partnerships between persons of the same sex, or
(iii) temporarily authorised under section 94E to register civil partnerships between persons of the same sex, or
(b) a person who is a district registrar or assistant registrar appointed under section 87.
(2) The Scottish Ministers may prescribe a religious or belief body under subsection (1)(a)(i) only if—
(a) the body requests them to do so, and
(b) the Scottish Ministers are satisfied that the body meets the qualifying requirements.
(2A) A civil partnership between persons of different sexes may be registered by and only by—
(a) a person who is—
(i) a celebrant of a religious or belief body prescribed by regulations made by the Scottish Ministers, or who, not being a celebrant, is recognised by a religious or belief body so prescribed as entitled to register civil partnerships between persons of different sexes on its behalf,
(ii) registered under section 94B to register civil partnerships between persons of different sexes, or
(iii) temporarily authorised under section 94E to register civil partnerships between persons of different sexes, or
(b) a person who is a district registrar or assistant registrar appointed under section 87.
(2B) The Scottish Ministers may prescribe a religious or belief body under subsection (2A)(a)(i) only if—
(a) the body requests them to do so, and
(b) the Scottish Ministers are satisfied that the body meets the qualifying requirements.
(3) For the avoidance of doubt, nothing in subsection (1)(a) , (2)(a), (2A)(a) or (2B)(a)—
(a) imposes a duty on any religious or belief body to make a request referred to in subsection (2)(a) or subsection (2B)(a),
(b) imposes a duty on any such body to nominate under section 94B any of its members to be registered as empowered to register civil partnerships between persons of the same sex or between persons of different sexes,
(c) imposes a duty on any person to apply for temporary authorisation under section 94E to register civil partnerships between persons of the same sex or between persons of different sexes,
(d) imposes a duty on any person who is an approved celebrant in relation to civil partnerships to register civil partnerships between persons of the same sex or between persons of different sexes.
(4) In this Part—
(a) any such person as is mentioned in subsection (1)(a) or (2A)(a) is referred to as an “approved celebrant”,
(b) a civil partnership registered by an approved celebrant is referred to as a “religious or belief civil partnership”,
(c) a civil partnership registered by an authorised registrar is referred to as a “civil registration”.
(5) In subsection (2)(b), the “qualifying requirements” are such requirements as may be set out in regulations made by the Scottish Ministers.
94B Registration of nominated persons as celebrants
(1) A religious or belief body, not being prescribed by virtue of section 94A(1)(a)(i), may nominate to the Registrar General any of its members who it desires should be registered under this section as empowered to register civil partnerships between persons of the same sex.
(1A) A religious or belief body, not being prescribed by virtue of section 94A(2A)(a)(i), may nominate to the Registrar General any of its members who it desires should be registered under this section as empowered to register civil partnerships between persons of different sexes.
(2) The Registrar General must reject a nomination under subsection (1) or (1A) if in the Registrar General's opinion—
(a) the nominating body is not a religious or belief body,
(b) the nominee is not a fit and proper person to register a civil partnership,
(c) there are already registered under this section sufficient members of the same body as the nominee to meet the needs of that body in relation to registering civil partnerships between persons of the same sex or, as the case may be, civil partnerships between persons of different sexes, or
(d) the nominating body does not meet the qualifying requirements.
(3) In subsection (2)(d), the “qualifying requirements” are such requirements as may be set out in regulations made by the Scottish Ministers.
(4) Where the Registrar General accepts a nomination made under subsection (1), the Registrar General—
(a) must determine the period during which the nominee is empowered to register civil partnerships, being a period of not more than 3 years,
(b) may determine that the nominee is empowered to register civil partnerships only in such area or place as the Registrar General may specify, and
(c) may make acceptance of the nominee's registration subject to such other conditions as the Registrar General thinks fit.
(5) Nothing in subsection (4)(a) prevents the Registrar General from accepting a further nomination of that nominee, in accordance with this section, to take effect at any time after the end of the period determined by the Registrar General under subsection (4)(a).
(6) The Registrar General must—
(a) if accepting a nomination made under subsection (1) or (1A)—
(i) so inform the nominee and the nominating body, specifying the period during which the acceptance has effect and any condition to which the acceptance is subject,
(ii) enter the name of the nominee, the nominating body and such other particulars as the Registrar General thinks fit in a register which the Registrar General must establish and maintain and which must be made available for public inspection at all reasonable times free of charge,
(b) if rejecting a nomination made under subsection (1) or (1A), by notice in writing inform the nominating body of the reasons for that rejection.
(6A) The register mentioned in subsection (6)(a)(ii) is to be in two parts—
(a) the first part containing the details mentioned in subsection (6)(a)(ii) in relation to persons nominated by religious or belief bodies to register civil partnerships between persons of the same sex, and
(b) the second part containing those details in relation to persons nominated by religious or belief bodies to register civil partnerships between persons of different sexes.
(7) For the purposes of subsection (6)(b), notice which is given by electronic means is to be treated as in writing if it is received in a form which is legible and capable of being used for subsequent reference.
(8) If the nominating body is aggrieved by a rejection under this section it may, within 28 days of receiving notice of the rejection, appeal to the Scottish Ministers.
(9) On any such appeal the Scottish Ministers may—
(a) direct the Registrar General to accept the nomination, or
(b) confirm the rejection of the nomination,
and must inform the nominating body of their decision and the reason for it; and their decision is final.
(10) If a reason given for confirming the rejection of a nomination is that the nominating body is not a religious or belief body, the body may, within 42 days of receiving notice of the confirmation, appeal against the decision to the Court of Session and seek the determination of that court as to whether the body is a religious or belief body.
(11) If—
(a) the Court determines that the nominating body is a religious or belief body, and
(b) the reason mentioned in subsection (10) was the only reason given for confirming the rejection of the nomination,
the Registrar General must give effect to the determination as if it were a direction under subsection (9)(a) to accept the nomination.
(1) Subject to the provisions of this section, the Registrar General may remove the name of a person registered under section 94B from the register on the ground that—
(a) the person has requested that the person's name should be so removed,
(b) the body which nominated the person under section 94B(1) or (1A) no longer desires that the person should be so registered,
(c) the person—
(i) has, while registered as an approved celebrant, been convicted of an offence under this Part,
(ii) has, for the purpose of profit or gain, been carrying on a business of registering civil partnerships,
(iii) is not a fit and proper person to register civil partnerships, or
(iv) for any other reason, should not be registered as an approved celebrant.
(2) The Registrar General may not remove the name of a person from the register on any ground mentioned in subsection (1)(c) unless the Registrar General has given the person at least 21 days notice in writing of the intention to do so.
(3) For the purposes of subsection (2), notice which is given by electronic means is to be treated as in writing if it is received in a form which is legible and capable of being used for subsequent reference.
(4) The Registrar General must—
(a) in the notice given under subsection (2), specify the ground of removal and call upon the person to give any reasons, within the period specified in the notice, why the person's name should not be removed from the register, and
(b) consider any representations made within that period by the person.
(5) Where a person's name has been removed from the register on any of the grounds mentioned in paragraph (c) of subsection (1), the person or the body which nominated the person under section 94B(1) or (1A) may, if aggrieved by the removal, within 28 days of receiving notice of the removal appeal to the Scottish Ministers.
(6) On an appeal under subsection (5) the Scottish Ministers may give any direction they think proper to the Registrar General as to the removal from, or restoration to, the register of the person's name; and such direction is final.
(7) Where a person has received a notice in pursuance of subsection (2), the person must not register a civil partnership unless and until the person's name is restored to the register or, as the case may be, the Registrar General has decided not to remove the person's name from the register.
94D Alterations to register maintained under section 94B
(1) A body registered in pursuance of section 94B(6)(a)(ii) must notify the Registrar General of any of the following events (if practicable, within 21 days of its occurrence)—
(a) any change in the name or the address of the body or any amalgamation with any other religious or belief body, giving the name and address of any approved celebrant who is a member of the body so registered,
(b) the death of an approved celebrant who is a member of the body so registered,
(c) any change of name, address or designation of an approved celebrant who is a member of the body so registered,
(d) the cessation of an approved celebrant who is a member of the body so registered from exercising the functions of an approved celebrant, giving the person's name and address.
(2) The Registrar General must, on receipt of any such notification, make whatever alteration to the register maintained under section 94B the Registrar General considers necessary or desirable.
(1) The Registrar General may, in accordance with such terms and conditions as may be specified in the authorisation, grant to any member of a religious or belief body a temporary written authorisation to register—
(a) a civil partnership or partnerships specified in the authorisation, or
(b) civil partnerships during such period as is specified in the authorisation.
(2) The Registrar General may grant an authorisation to a person under subsection (1) only if satisfied that the religious or belief body of which the person is a member meets the qualifying requirements.
(2A) An authorisation under subsection (1)(b) may be granted in relation to—
(a) civil partnerships between persons of the same sex only,
(b) civil partnerships between persons of different sexes only, or
(c) both.
(3) The Registrar General may grant an authorisation to a person under subsection (1)(b) in relation to civil partnerships between persons of the same sex only if the religious or belief body of which the person is a member—
(a) is prescribed by virtue of section 94A(1)(a)(i), or
(b) has nominated members (whether or not including that person) under section 94B(1).
(3A) The Registrar General may grant an authorisation to a person under subsection (1)(b) in relation to civil partnerships between persons of different sexes only if the religious or belief body of which the person is a member—
(a) is prescribed by virtue of section 94A(2A)(a)(i), or
(b) has nominated members (whether or not including that person) under section 94B(1A).
(4) In subsection (2), the “qualifying requirements” are such requirements as may be set out in regulations made by the Scottish Ministers.
(5) For the purposes of subsection (1), an authorisation which is issued by electronic means is to be treated as written if it is received in a form which is legible and capable of being used for subsequent reference.