Civil Partnership (Registration Abroad and Certificates) Order 2005
| Jurisdiction | UK Non-devolved |
| Citation | SI 2005/2761 |
| Year | 2005 |
2005 No. 2761
CIVIL PARTNERSHIP
Civil Partnership (Registration Abroad and Certificates) Order 2005
Made 12th October 2005
Laid before Parliament 24th October 2005
Coming into force 5th December 2005
At the Court at Buckingham Palace, the 12th day of October 2005
Present,
The Queen’s Most Excellent Majesty in Council
Her Majesty, in exercise of the powers conferred upon Her by sections 210, 240, 241 and 244 of the Civil Partnership Act 20041and all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:
Citation and commencement
1. This Order may be cited as the Civil Partnership (Registration Abroad and Certificates) Order 2005 and shall come into force on 5th December 2005.
Definitions
2.—(1) In this Order—
“civil partnership officer” means a British Consular officer;
“overseas relationship” means a relationship which is either a specified relationship under Schedule 20 to the Act or a relationship which meets the general conditions in paragraph (2), and is registered (whether before or after the making of this Order) with a responsible authority in a country or territory outside the United Kingdom, by two people who under the relevant law are of the same sex at the time when they do so, and neither of whom is already a civil partner or lawfully married;
“the Act” means the Civil Partnership Act 2004;
“United Kingdom national” means a person who is—
(i) a British citizen, a British overseas territories citizen, a British Overseas citizen or a British National (Overseas);
(ii) a British subject under the British Nationality Act 19812; or
(iii) a British protected person, within the meaning of that Act.
(2) The general conditions are that, under the law under which the overseas relationship was registered—
(a)
(a) the relationship may not be entered into if either of the parties is already a party to a relationship of that kind or lawfully married,
(b)
(b) the relationship is of indeterminate duration, and
(c)
(c) the effect of entering into it is that the parties are—
(i) treated as a couple either generally or for specified purposes, or
(ii) treated as married.
Formation of civil partnership by registration
3.—(1) Two people are to be regarded as having registered as civil partners of each other under this Order once each of them has signed the civil partnership document in accordance with article 10.
(2) No religious service is to be used while the civil partnership officer is officiating at the signing of a civil partnership document.
Registration of civil partnership by civil partnership officer
4.—(1) Subject to the restrictions in paragraph (2), two people may register as civil partners of each other in any country or territory outside the United Kingdom in the presence of a civil partnership officer.
(2) A civil partnership officer is not required to allow two people to register before him as civil partners of each other unless he is satisfied that the following conditions are met—
(a)
(a) at least one of the proposed civil partners is a United Kingdom national,
(b)
(b) the proposed civil partners would have been eligible to register as civil partners of each other in the relevant part of the United Kingdom,
(c)
(c) the authorities of the country or territory in which it is proposed that they register as civil partners will not object to the registration, and
(d)
(d) insufficient facilities exist for them to enter into an overseas relationship under the law of that country or territory.
(3) The civil partnership is—
(a)
(a) void, if the condition in paragraph (2)(a) or (b) is not met, and
(b)
(b) voidable, if—
(i) the relevant part of the United Kingdom is England and Wales or Northern Ireland and the circumstances fall within any paragraph of section 50(1) of the Act, or
(ii) the relevant part of the United Kingdom is Scotland and the circumstances fall within section 50(1)(d) of the Act.
(4) For the purposes of paragraph (2)(d), a country or territory which is listed in Schedule 20 to the Act as having a specified relationship has sufficient facilities to allow entry into an overseas relationship.
(5) For the purpose of paragraph (2)(b) and paragraph (3), the relevant part of the United Kingdom shall be the part jointly elected by the proposed civil partners under article 5(3)(f) or under article 13(2).
(6) A civil partnership officer is not required to allow two people to register before him as civil partners of each other if in his opinion the formation of a civil partnership between them would be inconsistent with international law or the comity of nations.
(7) If a civil partnership officer does not allow two people to register before him as civil partners of each other for the reason stated in paragraph (6) either person may appeal to the Secretary of State, who shall give to the civil partnership officer his decision thereon.
Notice of proposed civil partnership
5.—(1) A person may give signed notice to a civil partnership officer of his and another person’s intention to register as civil partners of each other if both persons have been resident within the consular district of the civil partnership officer for a period of seven days immediately preceding the giving of the notice.
(2) Two people may not register as civil partners of each other under this Order unless one of them has given signed notice to the civil partnership officer at least fourteen days previously.
(3) The signed notice referred to in paragraph (1) shall contain the following information for both people who intend to register the civil partnership—
(a)
(a) name,
(b)
(b) surname,
(c)
(c) nationality,
(d)
(d) age,
(e)
(e) residence,
(f)
(f) the part of the United Kingdom which for the purposes of article 7(1) the proposed civil partners have jointly elected shall be the relevant part for the civil partnership registration.
(4) A notice of proposed civil partnership must also include a solemn declaration, made and signed by the person giving the notice—
(a)
(a) at the time when the notice is given, and
(b)
(b) in the presence of a civil partnership officer,
and the civil partnership officer must attest the declaration by signature.
(5) The solemn declaration referred to in paragraph (4) shall include the following information—
(a)
(a) whether he has throughout the past seven days been resident within the district of the civil partnership officer,
(b)
(b) whether there is any impediment of kindred or affinity, or other lawful hindrance to the formation of the civil partnership.
(6) The civil partnership officer may demand evidence of any of the information contained in the signed notice referred to in paragraph (1) before posting that notice.
6.—(1) The civil partnership officer shall file every notice received under article 5(1) and shall keep it within the archives of his office.
(2) The civil partnership officer shall display the relevant information from the notice in a conspicuous place within his office and shall continue to display it for a period of fourteen consecutive days before the civil partnership to which it refers may be formed.
(3) “The relevant information” means—
(a)
(a) the name of the person giving the notice,
(b)
(b) the name of that person’s proposed civil partner,
(c)
(c) the nationality of those persons,
(d)
(d) the age of those persons, and
(e)
(e) the date on which notice was given.
Parental etc. consent where the proposed civil partner is under 18
7.—(1) Where either proposed civil partner is under the age of 18, and the proposed civil partners have elected that for the purposes of article 5(3)(f) the part of the United Kingdom which shall be the relevant part for the civil partnership registration is either England and Wales or Northern Ireland, then, save in the case of an election in respect of England and Wales where the proposed civil partner under the age of 18 is a surviving civil partner or a widow or widower, the written consent of the appropriate persons is required to be given to the civil partnership officer before a person under the age of 18 and another person may register as civil partners of each other. Identification of appropriate persons shall be determined in accordance with sections 4 and 145 of, and Schedules 2 and 13 to, the Act as the law on appropriate persons to give consent is applied thereby to England and Wales and Northern Ireland respectively.
(2) Where the consent of appropriate persons is required under this article, the necessary declaration under article 5(4) must also state in relation to each appropriate person that that person’s consent has been obtained or state that no person exists whose consent is required to a civil partnership between the proposed civil partner under 18 and another person.
(3) The Secretary of State may...
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