Office of Public Sector Information
PART 2 continued CHAPTER 1 continued
(1) Any person may object to the Registrar General giving authority for the issue of his licence by giving the Registrar General or any registration authority notice of his objection.
(2) A notice of objection must—
(a) state the objector’s place of residence and the ground of objection, and
(b) be signed by or on behalf of the objector.
(3) If a notice of objection is given to a registration authority, it must ensure that the fact that it has been given and the information in it are recorded in the register as soon as possible.
(1) This section applies where a notice of proposed civil partnership is given to a registration authority under section 21.
(2) The registration authority may issue a Registrar General’s licence if, and only if, given authority to do so by the Registrar General.
(3) The Registrar General—
(a) may not give his authority unless he is satisfied that one of the proposed civil partners is seriously ill and not expected to recover, but
(b) if so satisfied, must give his authority unless a lawful impediment to the issue of his licence has been shown to his satisfaction to exist.
(4) A licence under this section must state that it is issued on the authority of the Registrar General.
(5) Regulations may (subject to subsection (4)) make provision as to the contents of a licence under this section.
(6) If an objection has been made to the Registrar General giving authority for the issue of his licence, he is not to give that authority until—
(a) he has investigated the objection and decided whether it ought to obstruct the issue of his licence, or
(b) the objection has been withdrawn by the person who made it.
(7) Any decision of the Registrar General under subsection (6)(a) is final.
(1) This section applies if—
(a) a person objects to the Registrar General giving authority for the issue of his licence, but
(b) the Registrar General declares that the grounds on which the objection is made are frivolous and ought not to obstruct the issue of his licence.
(2) The person who made the objection is liable for—
(a) the costs of the proceedings before the Registrar General, and
(b) damages recoverable by the proposed civil partner to whom the objection relates.
(3) For the purpose of enabling any person to recover any such costs and damages, a copy of a declaration of the Registrar General purporting to be sealed with the seal of the General Register Office is evidence that the Registrar General has made the declaration.
(1) If a Registrar General’s licence has been issued under section 25, the proposed civil partners may register as civil partners by signing it at any time within 1 month from the day on which the notice of proposed civil partnership was given.
(2) If they do not register as civil partners by signing the licence within the 1 month period—
(a) the notice of proposed civil partnership and the licence are void, and
(b) no civil partnership registrar may officiate at the signing of the licence by them.
In this Chapter “registration authority” means—
(a) in relation to England, a county council, the council of any district comprised in an area for which there is no county council, a London borough council, the Common Council of the City of London or the Council of the Isles of Scilly;
(b) in relation to Wales, a county council or a county borough council.
(1) A civil partnership registrar is an individual who is designated by a registration authority as a civil partnership registrar for its area.
(2) It is the duty of each registration authority to ensure that there is a sufficient number of civil partnership registrars for its area to carry out in that area the functions of civil partnership registrars.
(3) Each registration authority must inform the Registrar General as soon as is practicable—
(a) of any designation it has made of a person as a civil partnership registrar, and
(b) of the ending of any such designation.
(4) The Registrar General must make available to the public a list—
(a) of civil partnership registrars, and
(b) of the registration authorities for which they are designated to act.
(1) In this Chapter “the Registrar General” means the Registrar General for England and Wales.
(2) The Registrar General must provide a system for keeping any records that relate to civil partnerships and are required by this Chapter to be made.
(3) The system may, in particular, enable those records to be kept together with other records kept by the Registrar General.
(4) In this Chapter “the register” means the system for keeping records provided under subsection (2).
(1) A person commits an offence if he issues a civil partnership schedule knowing that he does so—
(a) before the waiting period in relation to each notice of proposed civil partnership has expired,
(b) after the end of the applicable period, or
(c) at a time when its issue has been forbidden under Schedule 2 by a person entitled to forbid its issue.
(2) A person commits an offence if, in his actual or purported capacity as a civil partnership registrar, he officiates at the signing of a civil partnership schedule by proposed civil partners knowing that he does so—
(a) at a place other than the place specified in the notices of proposed civil partnership and the civil partnership schedule,
(b) in the absence of a civil partnership registrar,
(c) before the waiting period in relation to each notice of proposed civil partnership has expired, or
(d) even though the civil partnership is void under section 49(b) or (c).
(3) A person guilty of an offence under subsection (1) or (2) is liable on conviction on indictment to imprisonment for a term not exceeding 5 years or to a fine (or both).
(4) A prosecution under this section may not be commenced more than 3 years after the commission of the offence.
(1) A person commits an offence if—
(a) he gives information by way of evidence in response to a requirement under section 22(1), knowing that the information is false;
(b) he gives a certificate as provided for by section 22(3), knowing that the certificate is false.
(2) A person commits an offence if, in his actual or purported capacity as a civil partnership registrar, he officiates at the signing of a Registrar General’s licence by proposed civil partners knowing that he does so—
(a) at a place other than the place specified in the licence,
(b) in the absence of a civil partnership registrar,
(c) after the end of 1 month from the day on which the notice of proposed civil partnership was given, or
(d) even though the civil partnership is void under section 49(b) or (c).
(3) A person guilty of an offence under subsection (1) or (2) is liable—
(a) on conviction on indictment, to imprisonment not exceeding 3 years or to a fine (or both);
(b) on summary conviction, to a fine not exceeding the statutory maximum.
(4) A prosecution under this section may not be commenced more than 3 years after the commission of the offence.
(1) A civil partnership registrar commits an offence if he refuses or fails to comply with the provisions of this Chapter or of any regulations made under section 36.
(2) A civil partnership registrar guilty of an offence under subsection (1) is liable—
(a) on conviction on indictment, to imprisonment for a term not exceeding 2 years or to a fine (or both);
(b) on summary conviction, to a fine not exceeding the statutory maximum;
and on conviction shall cease to be a civil partnership registrar.
(3) A person commits an offence if—
(a) under arrangements made by a registration authority for the purposes of section 2(4), he is under a duty to record information required to be recorded under section 2(4), but
(b) he refuses or without reasonable cause omits to do so.
(4) A person guilty of an offence under subsection (3) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(5) A person commits an offence if he records in the register information relating to the formation of a civil partnership by the signing of a civil partnership schedule, knowing that the civil partnership is void under section 49(b) or (c).
(6) A person guilty of an offence under subsection (5) is liable on conviction on indictment, to imprisonment for a term not exceeding 5 years or to a fine (or both).
(7) A person commits an offence if he records in the register information relating to the formation of a civil partnership by the signing of a Registrar General’s licence, knowing that the civil partnership is void under section 49(b) or (c).
(8) A person guilty of an offence under subsection (7) is liable—
(a) on conviction on indictment, to imprisonment for a term not exceeding 3 years or to a fine (or both);
(b) on summary conviction, to a fine not exceeding the statutory maximum.
(9) A prosecution under subsection (5) or (7) may not be commenced more than 3 years after the commission of the offence.
(1) The Chancellor of the Exchequer may by order provide for fees, of such amounts as may be specified in the order, to be payable to such persons as may be prescribed by the order in respect of—
(a) the giving of a notice of proposed civil partnership and the attestation of the necessary declaration;
(b) the making of an application under section 12(1) (application to reduce waiting period);
(c) the issue of a Registrar General’s licence;
(d) the attendance of the civil partnership registrar when two people sign the civil partnership document;
(e) such other services provided in connection with civil partnerships either by registration authorities or by or on behalf of the Registrar General as may be prescribed by the order.
(2) The Registrar General may remit the fee for the issue of his licence in whole or in part in any case where it appears to him that the payment of the fee would cause hardship to the proposed civil partners.
(1) The Chancellor of the Exchequer may by order make—
(a) such amendments of this Act as appear to him appropriate for the purpose of assimilating any provision connected with the formation or recording of civil partnerships in England and Wales to any provision made (whether or not under an order under section 1 of the Regulatory Reform Act 2001 (c. 6)) in relation to civil marriage in England and Wales, and
(b) such amendments of other enactments and of subordinate legislation as appear to him appropriate in consequence of any amendments made under paragraph (a).
(2) “Civil marriage” means marriage solemnised otherwise than according to the rites of the Church of England or any other religious usages.
(3) “Amendment” includes repeal or revocation.
(4) “Subordinate legislation” has the same meaning as in the Interpretation Act 1978 (c. 30).
(1) Regulations may make provision supplementing the provisions of this Chapter.
(2) Regulations may in particular make provision—
(a) relating to the use of Welsh in documents and records relating to civil partnerships;
(b) with respect to the retention of documents relating to civil partnerships;
(c) prescribing the duties of civil partnership registrars;
(d) prescribing the duties of persons in whose presence any declaration is made for the purposes of this Chapter;
(e) for the issue by the Registrar General of guidance supplementing any provision made by the regulations.
(f) for the issue by registration authorities or the Registrar General of certified copies of entries in the register and for such copies to be received in evidence.
(3) In this Chapter “regulations” means regulations made by the Registrar General with the approval of the Chancellor of the Exchequer.
(4) Any power to make regulations or an order under this Chapter is exercisable by statutory instrument.
(5) A statutory instrument containing an order under section 34 is subject to annulment in pursuance of a resolution of either House of Parliament.
(6) No order may be made under section 35 unless a draft of the statutory instrument containing the order has been laid before, and approved by a resolution of, each House of Parliament.
(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) make an order (a “presumption of death order”) which dissolves a civil partnership on the ground that one of the civil partners is presumed to be dead;
(d) make an order (a “separation order”) which provides for the separation of the civil partners.
(2) Every dissolution, nullity or presumption of death 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 38);
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, other than in sections 58 to 61, “the court” means—
(a) the High Court, or
(b) if a county court has jurisdiction by virtue of Part 5 of the Matrimonial and Family Proceedings Act 1984 (c. 42), a county court.
(5) This Chapter is subject to sections 219 to 224 (jurisdiction of the court).
(1) Subject to subsections (2) to (4), the prescribed period for the purposes of section 37(2)(b) is—
(a) 6 weeks from the making of the conditional order, or
(b) if the 6 week period would end on a day on which the office or registry of the court dealing with the case is closed, the period of 6 weeks extended to the end of the first day on which the office or registry is next open.
(2) The Lord Chancellor may by order amend this section so as to substitute a different definition of the prescribed period for the purposes of section 37(2)(b).
(3) But the Lord Chancellor may not under subsection (2) provide for a period longer than 6 months to be the prescribed period.
(4) In a particular case the court dealing with the case may by order shorten the prescribed period.
(5) The power to make an order under subsection (2) is exercisable by statutory instrument.
(6) An instrument containing such an order is subject to annulment in pursuance of a resolution of either House of Parliament.
(1) This section applies if an application has been made for a dissolution, nullity or presumption of death order.
(2) The court may, if it thinks fit, direct that all necessary papers in the matter are to be sent to the Queen’s Proctor who must under the directions of the Attorney General instruct counsel to argue before the court any question in relation to the matter which the court considers it necessary or expedient to have fully argued.
(3) If any person at any time—
(a) during the progress of the proceedings, or
(b) before the conditional order is made final,
gives information to the Queen’s Proctor on any matter material to the due decision of the case, the Queen’s Proctor may take such steps as the Attorney General considers necessary or expedient.
(4) If the Queen’s Proctor intervenes or shows cause against the making of the conditional order in any proceedings relating to its making, the court may make such order as may be just as to—
(a) the payment by other parties to the proceedings of the costs incurred by him in doing so, or
(b) the payment by the Queen’s Proctor of any costs incurred by any of those parties because of his doing so.
(5) The Queen’s Proctor is entitled to charge as part of the expenses of his office—
(a) the costs of any proceedings under subsection (2);
(b) if his reasonable costs of intervening or showing cause as mentioned in subsection (4) are not fully satisfied by an order under subsection (4)(a), the amount of the difference;
(c) if the Treasury so directs, any costs which he pays to any parties under an order made under subsection (4)(b).
(1) This section applies if—
(a) a conditional order has been made, and
(b) the Queen’s Proctor, or any person who has not been a party to proceedings in which the order was made, shows cause why the order should not be made final on the ground that material facts have not been brought before the court.
(2) This section also applies if—
(a) a conditional order has been made,
(b) 3 months have elapsed since the earliest date on which an application could have been made for the order to be made final,
(c) no such application has been made by the civil partner who applied for the conditional order, and
(d) the other civil partner makes an application to the court under this subsection.
(3) The court may—
(a) make the order final,
(b) rescind the order,
(c) require further inquiry, or
(d) otherwise deal with the case as it thinks fit.
(4) Subsection (3)(a)—
(a) applies despite section 37(2) (period before conditional orders may be made final), but
(b) is subject to section 48(4) (protection for respondent in separation cases) and section 63 (restrictions on making of orders affecting children).
(1) No application for a dissolution order may be made to the court before the end of the period of 1 year from the date of the formation of the civil partnership.
(2) Nothing in this section prevents the making of an application based on matters which occurred before the end of the 1 year period.
(1) This section applies in relation to cases where an application is made for a dissolution or separation order.
(2) Rules of court must make provision for requiring the solicitor acting for the applicant to certify whether he has—
(a) discussed with the applicant the possibility of a reconciliation with the other civil partner, and
(b) given the applicant the names and addresses of persons qualified to help effect a reconciliation between civil partners who have become estranged.
(3) If at any stage of proceedings for the order it appears to the court that there is a reasonable possibility of a reconciliation between the civil partners, the court may adjourn the proceedings for such period as it thinks fit to enable attempts to be made to effect a reconciliation between them.
(4) The power to adjourn under subsection (3) is additional to any other power of adjournment.
(1) This section applies in relation to cases where—
(a) proceedings for a dissolution or separation order are contemplated or have begun, and
(b) an agreement or arrangement is made or proposed to be made between the civil partners which relates to, arises out of, or is connected with, the proceedings.
(2) Rules of court may make provision for enabling—
(a) the civil partners, or either of them, to refer the agreement or arrangement to the court, and
(b) the court—
(i) to express an opinion, if it thinks it desirable to do so, as to the reasonableness of the agreement or arrangement, and
(ii) to give such directions, if any, in the matter as it thinks fit.
(1) Subject to section 41, an application for a dissolution order may be made to the court by either civil partner on the ground that the civil partnership has broken down irretrievably.
(2) On an application for a dissolution order the court must inquire, so far as it reasonably can, into—
(a) the facts alleged by the applicant, and
(b) any facts alleged by the respondent.
(3) The court hearing an application for a dissolution order must not hold that the civil partnership has broken down irretrievably unless the applicant satisfies the court of one or more of the facts described in subsection (5)(a), (b), (c) or (d).
(4) But if the court is satisfied of any of those facts, it must make a dissolution order unless it is satisfied on all the evidence that the civil partnership has not broken down irretrievably.
(5) The facts referred to in subsections (3) and (4) are—
(a) that the respondent has behaved in such a way that the applicant cannot reasonably be expected to live with the respondent;
(b) that—
(i) the applicant and the respondent have lived apart for a continuous period of at least 2 years immediately preceding the making of the application (“2 years' separation”), and
(ii) the respondent consents to a dissolution order being made;
(c) that the applicant and the respondent have lived apart for a continuous period of at least 5 years immediately preceding the making of the application (“5 years' separation”);
(d) that the respondent has deserted the applicant for a continuous period of at least 2 years immediately preceding the making of the application.
(1) Subsection (2) applies if—
(a) in any proceedings for a dissolution order the applicant alleges, in reliance on section 44(5)(a), that the respondent has behaved in such a way that the applicant cannot reasonably be expected to live with the respondent, but
(b) after the date of the occurrence of the final incident relied on by the applicant and held by the court to support his allegation, the applicant and the respondent have lived together for a period (or periods) which does not, or which taken together do not, exceed 6 months.
(2) The fact that the applicant and respondent have lived together as mentioned in subsection (1)(b) must be disregarded in determining, for the purposes of section 44(5)(a), whether the applicant cannot reasonably be expected to live with the respondent.
(3) Subsection (4) applies in relation to cases where the applicant alleges, in reliance on section 44(5)(b), that the respondent consents to a dissolution order being made.
(4) Rules of court must make provision for the purpose of ensuring that the respondent has been given such information as will enable him to understand—
(a) the consequences to him of consenting to the making of the order, and
(b) the steps which he must take to indicate his consent.
(5) For the purposes of section 44(5)(d) the court may treat a period of desertion as having continued at a time when the deserting civil partner was incapable of continuing the necessary intention, if the evidence before the court is such that, had he not been so incapable, the court would have inferred that the desertion continued at that time.
(6) In considering for the purposes of section 44(5) whether the period for which the civil partners have lived apart or the period for which the respondent has deserted the applicant has been continuous, no account is to be taken of—
(a) any one period not exceeding 6 months, or
(b) any two or more periods not exceeding 6 months in all,
during which the civil partners resumed living with each other.
(7) But no period during which the civil partners have lived with each other counts as part of the period during which the civil partners have lived apart or as part of the period of desertion.
(8) For the purposes of section 44(5)(b) and (c) and this section civil partners are to be treated as living apart unless they are living with each other in the same household, and references in this section to civil partners living with each other are to be read as references to their living with each other in the same household.
(1) Subsections (2) and (3) apply if any of the following orders has been made in relation to a civil partnership—
(a) a separation order;
(b) an order under Schedule 6 (financial relief in magistrates' courts etc.);
(c) an order under section 33 of the Family Law Act 1996 (c. 27) (occupation orders);
(d) an order under section 37 of the 1996 Act (orders where neither civil partner entitled to occupy the home).
(2) Nothing prevents—
(a) either civil partner from applying for a dissolution order, or
(b) the court from making a dissolution order,
on the same facts, or substantially the same facts, as those proved in support of the making of the order referred to in subsection (1).
(3) On the application for the dissolution order, the court—
(a) may treat the order referred to in subsection (1) as sufficient proof of any desertion or other fact by reference to which it was made, but
(b) must not make the dissolution order without receiving evidence from the applicant.
(4) If—
(a) the application for the dissolution order follows a separation order or any order requiring the civil partners to live apart,
(b) there was a period of desertion immediately preceding the institution of the proceedings for the separation order, and
(c) the civil partners have not resumed living together and the separation order has been continuously in force since it was made,
the period of desertion is to be treated for the purposes of the application for the dissolution order as if it had immediately preceded the making of the application.
(5) For the purposes of section 44(5)(d) the court may treat as a period during which the respondent has deserted the applicant any period during which there is in force—
(a) an injunction granted by the High Court or a county court which excludes the respondent from the civil partnership home, or
(b) an order under section 33 or 37 of the 1996 Act which prohibits the respondent from occupying a dwelling-house in which the applicant and the respondent have, or at any time have had, a civil partnership home.
Civil Partnership Act 2004