The Civil Partnership (Registration Provisions) Regulations 2005

JurisdictionUK Non-devolved
CitationSI 2005/3176

2005No. 3176

CIVIL PARTNERSHIP, ENGLAND AND WALES

The Civil Partnership (Registration Provisions) Regulations 2005

15thNovember2005

5thDecember2005

The Registrar General, in exercise of powers conferred upon her by sections 2(4), 8(2), 12(2) and (3)(a), 14(2), 18(4), 19(5), 21(2), 25(5), 36(1), 36(2)(a) to (d) and (f), 36(3) of, and paragraph 5(3) of Schedule 1 to, the Civil Partnership Act 2004, 1 with the approval of the Chancellor of the Exchequer, makes the following Regulations:

Citation and commencement

1.These Regulations may be cited as the Civil Partnership (Registration Provisions) Regulations 2005 and shall come into force on 5th December 2005.

Interpretation

2.-

(1) In these Regulations, unless the context otherwise requires:-

"the 2004 Act" means the Civil Partnership Act 2004;

"certified copy" means a copy of an entry in the register referred to in section 30(4) of the 2004 Act which contains all the information recorded in that entry;

"certified extract" means a copy of an entry in the register referred to in section 30(4) of the 2004 Act which does not include the addresses of the civil partners as recorded in that entry.

(2) In these Regulations, unless the context otherwise requires:-

(a) any reference to a numbered regulation or Schedule is a reference to the regulation or Schedule bearing that number in these Regulations;(b) any reference in a regulation to a numbered paragraph is a reference to the paragraph in that regulation bearing that number; and(c) any reference to a numbered form is to the form bearing that number in Schedule 1 to these Regulations and any reference to a numbered space on a form is to the space bearing that number on that form.

Forms of notice of proposed civil partnership

3.The information to be contained in and the forms of notice of proposed civil partnership to be given are-

(a) where notice of proposed civil partnership is given by a party who is not subject to immigration control and where both parties are aged 18 or over, form 1 if attested in England or form 1(w) if attested in Wales;(b) where notice of proposed civil partnership is given by a party who is not subject to immigration control and where either party is, or both parties are, aged under 18, form 2 if attested in England or form 2 (w) if attested in Wales;(c) where notice of proposed civil partnership is given by a party who is subject to immigration control and where both parties are aged 18 or over, form 3 if attested in England or form 3 (w) if attested in Wales;(d) where notice of proposed civil partnership is given by a party who is subject to immigration control and where either party is, or both parties are, aged under 18, form 4 if attested in England or form 4(w) if attested in Wales;(e) where notice of proposed civil partnership is given under the special procedure, form 5 if attested in England or form 5 (w) if attested in Wales.

Information in and manner of making statements in relation to housebound or detained persons

4.-

(1) A medical statement required by section 18 of the 2004 Act (house-bound persons) must contain the information in and be made by completing, form 6 if the person is house-bound in England or form 6 (w) if the person is house-bound in Wales.

(2) A supporting statement required by section 19 of the 2004 Act (detained persons) must contain the information in and be made by completing form 7 if the person is detained in England or form 7 (w) if the person is detained in Wales.

Declaration for proposed civil partnership of certain persons related by affinity

5.-

(1) The form of declaration to be made under paragraph 5(1)(b) of Schedule 1 to the 2004 Act shall contain the information in form 8 if the notice of proposed civil partnership is, or has been, attested in England or form 8 (w) if the notice of proposed civil partnership is, or has been, attested in Wales.

(2) The declaration shall be signed in the space provided, by the person making it, in the presence of the authorised person 2 who shall also sign the declaration in the space provided.

Issue of the civil partnership document by the registration authority

6.-

(1) A civil partnership schedule issued under section 14 (1) of the 2004 Act (issue of civil partnership schedule) shall contain the information in form 9 if the registration authority is in England or form 9(w) if the registration authority is in Wales.

(2) A licence issued under section 25 (2) of the 2004 Act (issue of Registrar General's licence) shall contain the information in form 10 if the registration authority is in England or form 10 (w) if the registration authority is in Wales.

Applications to the Registrar General to shorten the waiting period

7.-

(1) This regulation applies to the making and granting of an application to the Registrar General to shorten the waiting period 3 under section 12(1) of the 2004 Act (power to shorten the waiting period).

(2) An application under section 12(1) of the 2004 Act shall be made on form 11 if notice of proposed civil partnership has been given to a registration authority in England or form 11(w) if notice of proposed civil partnership has been given to a registration authority in Wales.

(3) The applicant shall complete the form and pass it to the registration authority in whose area notice of proposed civil partnership has been given.

(4) The registration authority shall immediately forward the completed application form and fee prescribed under section 34(1) of the 2004 Act to the Registrar General.

(5) If the Registrar General requires further information from the applicant she may-

(a) request the registration authority to obtain the information required from the applicant and forward it to her; or(b) request the information from the applicant direct.

(6) After the Registrar General has considered the application she shall as soon as practicable notify the applicant and the registration authority which forwarded the completed application form of her decision.

Shortening of the waiting period by the registration authority

8.A registration authority may shorten the waiting period on behalf of the Registrar General if -

(a) there has been an unavoidable delay in recording the notice of proposed civil partnership in accordance with section 8(5) of the 2004 Act; and(b) in consequence of that delay, the proposed civil partners will be unable to form a civil partnership on the date which had been agreed with the authorised person when the notice of proposed civil partnership was attested.

Contents of civil partnership document

9.-

(1) A registration authority issuing a civil partnership document 4 must ensure that the document contains the information entered in accordance with paragraphs (2) to (4) of this regulation.

(2) The registration authority shall enter in space 6 of form 9, 10, 9 (w) or 10 (w), as the case may be, the condition of the parties to the proposed civil partnership in the following manner-

(a) if a person has not previously formed a civil partnership or been married, it shall enter the word "Single";(b) if a person's previous civil partnership was ended by death, it shall enter the words "Surviving civil partner";(c) if a person's previous marriage was ended by death, it shall enter the word "Widower" or, as the case may be, "Widow";(d) if a person's previous civil partnership was ended by dissolution, it shall enter the words "Previous civil partnership dissolved";(e) if a person's previous marriage was ended by divorce, it shall enter the words "Previous marriage dissolved";(f) if a person's previous civil partnership was annulled on the ground that the civil partnership was voidable, it shall enter the words "Previous civil partnership annulled";(g) if a person's previous marriage was annulled on the ground that the marriage was voidable, it shall enter the words "Previous marriage annulled";(h) if-(i) the parties have been through a form of civil partnership with each other,(ii) the civil partnership is not known to have been void,(iii) the civil partnership has been ended by dissolution, and(iv) neither party has since formed a civil partnership with or married a third party,

it shall enter across both columns of space 6 "Previously formed a civil partnership at . . . . . on . . . . Civil partnership dissolved on . . . .", inserting the particulars of the place and date of the previous civil partnership and the date of dissolution;

(i) if-(i) the parties have been through a form of marriage with each other,(ii) the marriage is not known to have been void,(iii) the marriage has been ended by divorce, and(iv) neither party has since formed a civil partnership with or married a third party,

it shall enter "Previous marriage dissolved" for each person, but if the parties expressly request, it shall enter, across both columns of space 6, "Previously married at . . . . . on . . . . Marriage dissolved on . . . .", inserting the particulars of the place and date of the previous marriage and the date of dissolution;

(j) if-(i) the parties have been through a form of civil partnership with each other,(ii) the civil partnership is not known to have been void,(iii) the civil partnership has been ended by annulment, and(iv) neither party has since formed a civil partnership with or married a third party,

it shall enter, across both columns of space 6, "Previously formed a civil partnership at . . . . . on . . . . Civil partnership annulled on . . . .", inserting the particulars of the place and date of the previous civil partnership and the date of annulment;

(k) if-(i) the parties have been through a form of marriage with each other,(ii) the marriage is not known to have been void,(iii) the marriage has been ended by annulment, and(iv) neither party has since formed a civil partnership with or married a third party,

it shall enter "Previous marriage annulled" for each person, but if the parties expressly request, it shall enter, across both columns of space 6...

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