The Registration of Civil Partnerships (Prescription of Forms, Publicisation and Errors) (Scotland) Regulations 2005

Made: 22nd September 2005

Laid before the Scottish Parliament: 26th September 2005

Coming into force: 5th December 2005

The Registrar General, in exercise of the powers conferred by sections 88(1) and (5), 89, 90(4), 94, 95(3), 97(3), 99(2), 122(3) and 258(2) and (3) of the Civil Partnership Act 2004[^f00001] and of all other powers enabling him in that behalf, and with the approval of the Scottish Ministers in accordance with section 126(3) of that Act, hereby makes the following Regulations:

Citation, commencement and extent

1

• (1) These Regulations may be cited as the Registration of Civil Partnerships (Prescription of Forms, Publicisation and Errors) (Scotland) Regulations 2005 and shall come into force on 5th December 2005.

• (2) These Regulations extend to Scotland only.

Interpretation

2

• (1) In these Regulations–

• “the Act” means the Civil Partnership Act 2004;

• “civil partnership notice” means a notice of proposed civil partnership under section 88(1) of the Act;

• “civil partnership registration” means registration under Chapter 2 of Part 3 of the Act;

• “error” includes an error of omission;

• “heading” means the unnumbered part or space at the beginning of the form applicable to the civil partnership register as set out in Schedule 3; and

• “space No” means, in relation to the number specified, the part or space of that number in the form applicable to the civil partnership register as set out in Schedule 3.

• (2) Any reference in these Regulations–

• (a) to a section is a reference to the section of the Act so numbered; and

• (b) to a numbered Schedule is a reference to the Schedule to these Regulations so numbered.

Forms etc. for use in connection with the registration of civil partnership

3

The notice prescribed for the purposes of section 88(1) and (5) (notice of proposed civil partnership) shall be in the form, which may be in the form of an electronic communication containing an electronic signature which has been certified within the meaning of sections 7 and 15 of the Electronic Communications Act 2000[^f00002], set out in Schedule 1.

4

• (1) The prescribed particulars to be extracted from a civil partnership notice and entered in the page of the civil partnership book for the purposes of section 89 (civil partnership notice book) shall be–

• (a) the surname and name;

• (b) the address;

• (c) the marital or civil partnership status;

• (d) the date of birth; and

• (e) the proposed date of civil partnership registration,

of the person who has submitted the notice.

• (2) Such a page prescribed for those purposes may be in electronic form.

5

The schedule prescribed for the purposes of section 94 (the civil partnership schedule) shall be in the form set out in Schedule 2.

6

The form and content of a page of the civil partnership register prescribed for the purposes of section 95(2) (further provision as to registration) shall be in the form, and require the entry of the particulars, set out in Schedule 3.

7

The certificate prescribed for the purposes of section 97(3) (certificates of no impediment for Part 2 purposes) shall be in the form set out in Schedule 4.

Publicisation of intended civil partnership registration

8

• (1) The district registrar shall publicise the relevant information under section 90 in accordance with paragraphs (2) to (4).

• (2) The district registrar shall maintain a list of the intended civil partnership registrations in respect of which that district registrar has received a civil partnership notice (in this regulation, “the district list”).

• (3) The district list shall be displayed at a conspicuous place at the registration office.

• (4) An entry in the district list shall remain in that list until the proposed date of the civil partnership registration to which it relates has elapsed.

Prescribed errors for the purposes of section 99(2) of the Act

9

Any error in the particulars of an entry in the civil partnership register which–

• (a) falls within a part of the form applicable to the register in question specified in column 1 of Schedule 5; and

• (b) is of a description specified opposite to that part of the form in column 2 of that Schedule,

is prescribed for the purposes of section 99(2) (errors in civil partnership register which may be corrected) as an error which may be corrected by the district registrar.

Form of the Register of Dissolutions of Civil Partnership

10

The Register of Dissolutions of Civil Partnership maintained under section 122 shall comprise entries in respect of dissolution in the form of extracts, numbered by the Registrar General, of the relevant decrees.

SCHEDULE 1

SCHEDULE 2

SCHEDULE 3

SCHEDULE 4

SCHEDULE 5 — Non clerical errors which may be corrected

Signed

PAUL M PARR — Deputy Registrar General for Scotland — 22nd September 2005

Approved by the Scottish Ministers

GEORGE LYON — Authorised to sign by the Scottish Ministers — 22nd September 2005

Explanatory note

(This note is not part of the Regulations)

These Regulations prescribe the forms and particulars which are required to be prescribed for Scotland under the Civil Partnership Act 2004 (regulations 3 to 7 and 10 and Schedules 1 to 4).

They also prescribe the manner in which and means by which the names of intended civil partners and date on which the district registrar intends to register their partnership are to be publicised by the district registrar (regulation 8).

Regulation 9 and Schedule 5 prescribe the errors which a district registrar may, in addition to clerical errors, correct in an entry in the register of civil partnerships.

A full Regulatory Impact Assessment has not been produced for this instrument as it has no cost on business.

Footnotes

[^f00001]: 2004 c. 33; section 126(1) contains a definition of “prescribed”, and section 135 contains a definition of “Registrar General”, relevant to the exercise of statutory powers under which these Regulations are made.

[^f00002]: 2000 c. 7.