The Civil Partnership (Opposite-sex Couples) Regulations 2019

Publication Date:January 01, 2019

2019No. 1458

CIVIL PARTNERSHIP, ENGLAND AND WALES

The Civil Partnership (Opposite-sex Couples) Regulations 2019

Made5thNovember2019

Coming into force in accordance with regulation 1(2)

The Secretary of State makes these Regulations in exercise of the powers conferred by sections 2(1), (3), (5) and (7) and 5(2), (4) and (5) of the Civil Partnerships, Marriages and Deaths (Registration etc) Act 2019( 1), section 64(1) and (2) of the Human Fertilisation and Embryology Act 2008( 2), and section 17(2) and (3) of the Marriage (Same Sex Couples) Act 2013( 3).

The Secretary of State has carried out consultation in accordance with section 2(6) of the Civil Partnerships, Marriages and Deaths (Registration etc) Act 2019.

The Welsh Ministers have been consulted in accordance with section 64(6) of the Human Fertilisation and Embryology Act 2008( 4).

A draft of this instrument has been laid before, and approved by a resolution of, each House of Parliament in accordance with section 5(7) of the Civil Partnerships, Marriages and Deaths (Registration etc) Act 2019, section 62(3) of the Human Fertilisation and Embryology Act 2008, and section 18(2) of the Marriage (Same Sex Couples) Act 2013.

PART 1

Introductory provision

Citation and commencement

1.—(1) These Regulations may be cited as the Civil Partnership (Opposite-sex Couples) Regulations 2019.

(2) These Regulations come into force on the later of 2nd December 2019 and the day after the day on which they are made.

Extent

2.—(1) Subject to the following provisions of this regulation, these Regulations extend to England and Wales only.

(2) The following provisions of these Regulations extend to England and Wales, Scotland and Northern Ireland—

(a) this Part;

(b) regulations 20, 21 and 22;

(c) Part 5, except for regulations 25, 32, 33 and 36;

(d) regulation 38;

(e) regulation 41.

(3) The following provisions of these Regulations extend to England and Wales and Scotland—

(a) regulations 10, 11 and 16;

(b) regulation 25.

(4) Subject to paragraph (5), an amendment contained in Schedule 3 has the same extent as the provision amended (except insofar as the provision extends outside the United Kingdom).

(5) In Schedule 3—

(a) paragraphs 1, 8, 108, 109, 111(3)(b), 112(3)(b), 113(3)(b) and 114 extend to England and Wales only;

(b) paragraph 116 extends to England and Wales and Scotland only.

PART 2

Extension of civil partnership to opposite-sex couples in England and Wales

Amendment of definition of civil partnership

3. In section 1(1) of the Civil Partnership Act 2004( 5), in the words before paragraph (a), omit “of the same sex”.

Formation of civil partnerships by opposite-sex couples in England and Wales

4. In section 3(1) of the Civil Partnership Act 2004, omit paragraph (a).

Treatment of opposite-sex overseas relationships as civil partnerships

5.—(1) Part 5 of the Civil Partnership Act 2004 is amended as follows.

(2) In section 212(1)(b), omit sub-paragraph (i) (including the “and”).

(3) In section 213( 6)

(a) in subsection (1), for “by Schedule 20.” substitute—

“—

(a) in the case of a relationship registered by two people who under the relevant law are of the same sex when the relationship is registered, by Part 1 of Schedule 20,

(b) in the case of a relationship registered by two people who under the relevant law are not of the same sex when the relationship is registered, by Part 2 of Schedule 20.”;

(b) in subsection (3), after “this section” insert “amending Part 1 of Schedule 20”.

(4) In section 215—

(a) in subsection (2), for “subsection (3)” substitute “subsections (3) and (5B)”;

(b) after subsection (5) insert—

“(5A) In the case of a relationship that is—

(a) an overseas relationship treated as a civil partnership for the purposes of this Act only as a result of the amendments made by the Civil Partnership (Opposite-sex Couples) Regulations 2019( 7) (“the 2019 Regulations”), and

(b) registered (under the relevant law) as having been entered into before the 2019 Regulations come into force,

subsection (5B) or (as the case may be) subsections (5C) and (5D) apply in place of subsections (3) to (5).

(5B) The time when the two people are treated as having formed a civil partnership is the time when the 2019 Regulations come into force.

(5C) But if—

(a) before the 2019 Regulations come into force, a dissolution or annulment of the overseas relationship was obtained outside the United Kingdom, and

(b) the dissolution or annulment would be recognised under Chapter 3 if the overseas relationship had been treated as a civil partnership at the time of the dissolution or annulment,

subsection (5B) does not apply and subsections (1) and (2) have effect subject to subsection (5D).

(5D) The overseas relationship is not to be treated as having been a civil partnership for the purposes of any provision except—

(a) Schedules 7, 11 and 17 (financial relief in United Kingdom after dissolution or annulment obtained outside the United Kingdom);

(b) such provisions as are specified (with or without modifications) in regulations under section 2 or 5 of the Civil Partnerships, Marriages and Deaths (Registration etc) Act 2019;

(c) Chapter 3 (so far as necessary for the purposes of paragraphs (a) and (b)).”;

(c) in subsection (6), omit “216,”.

(5) Omit section 216( 8).

(6) In Schedule 20( 9)

(a) the existing text becomes Part 1;

(b) as the heading of that Part insert “Same-sex relationships”;

(c) in that Part, in the words before the table, for “section 213 (meaning of “overseas relationship”)” substitute “section 213(1)(a) (specified relationships between two people of the same sex)”;

(d) after that Part insert as Part 2 the provision set out in Schedule 1.

Transitional provision in relation to opposite-sex overseas relationships

6. Schedule 2 contains transitional provision in connection with regulation 5.

PART 3

Religious protection

Approval of religious premises for formation of civil partnership

7. In section 6 of the Civil Partnership Act 2004( 10), after subsection (3C) insert—

“(3D) Where, further to regulations under section 6A of this Act or section 2 of the Civil Partnerships, Marriages and Deaths (Registration etc) Act 2019, an approval of premises for the purposes of subsection (3A)(a) has effect—

(a) only in relation to civil partnerships formed by two people of the same sex, or

(b) only in relation to civil partnerships formed by two people of the opposite sex,

the premises are “approved premises”, for the purposes of this Part, only in relation to civil partnerships of that sort.”.

8.—(1) The Marriages and Civil Partnerships (Approved Premises) Regulations 2005( 11) are amended as follows.

(2) Omit regulation 2B.

(3) In regulation 2D, after paragraph (7) insert—

5

“(7A) Consent under this regulation must specify that it is consent to an application for approval in accordance with paragraph (a), (b) or (as the case may be) (c) of regulation 3A(1A).”.

(4) In regulation 3A, after paragraph (1) insert—

“(1A) The application must state that approval, if granted, is to have effect—

(a) in relation to civil partnerships generally,

(b) only in relation to civil partnerships formed by two people of the same sex, or

(c) only in relation to civil partnerships formed by two people of the opposite sex.”.

(5) After regulation 6 insert—

“Effect of approval of religious premises

6A.—(1) An approval of religious premises has effect—

(a) in relation to civil partnerships generally;

(b) only in relation to civil partnerships formed by two people of the same sex; or

(c) only in relation to civil partnerships formed by two people of the opposite sex.

(2) Which of sub-paragraphs (a), (b) or (c) of paragraph (1) applies depends on what was stated—

(a) in the application further to which the approval was granted (in accordance with regulation 3A(1A)), or

(b) if the approval has been renewed further to an application made in reliance on regulation 7(7), in the most recent such application.”.

(6) In regulation 7, after paragraph (6) insert—

“(7) An application for renewal of an approval of religious premises may state that the approval is to have effect after the renewal (if granted) in accordance with a different sub paragraph of regulation 6A(1) from that in accordance with which it has effect before the renewal.

(8) Regulation 2D applies to an application for renewal made in reliance on paragraph (7) as it applies to an application for approval, but as if for paragraph (7A) of that regulation there were substituted—

“(7A) Consent under this regulation must specify that it is consent to an application for renewal that will result in the approval having effect in accordance with sub-paragraph (a), (b) or (as the case may be) (c) of regulation 6A(1).”.”.

(7) In regulation 10(1A), for the words from “that premises” to the end substitute—

“—

(a) that premises are religious premises approved for the formation of civil partnerships; and

(b) whether the approval of such premises has effect—

(i) in relation to civil partnerships generally;

(ii) only in relation to civil partnerships formed by two people of the same sex; or

(iii) only in relation to civil partnerships formed by two people of the opposite sex.

“.

(8) In the heading of regulation 16, at the end insert “relating to the 1995 Regulations”.

(9) After regulation 16 insert—

“Transitional provisions relating to the introduction of opposite-sex civil partnership

17.—(1) Any approval of religious premises in force immediately before the date on which the Civil Partnership (Opposite-sex Couples) Regulations 2019 came into force has effect, on and after that date, in accordance with regulation 6A(1)(b) (approval having effect only in relation to same-sex partnerships).

(2) Any application for approval of religious premises made before the date on which the Civil Partnership (Opposite-sex Couples) Regulations 2019 came into force is to be treated, on and after that date (so far as anything remains to be done in relation to it), as...

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