Civil Partnership Act 2004

[^key-ad24377865c88c7b6bd161ad1bf82814]: S. 80(1)(c) omitted (27.2.2023) by virtue of Marriage and Civil Partnership (Minimum Age) Act 2022 (c. 28), s. 7(1), Sch. para. 4(8)(b) (with s. 8); S.I. 2023/88, reg. 2 (with regs. 3-17)

[^key-da5e7f76d56aa41732fb51d3558da3de]: Word in s. 217(2)(a) substituted (27.2.2023) by Marriage and Civil Partnership (Minimum Age) Act 2022 (c. 28), ss. 4(3), 7(1) (with s. 8); S.I. 2023/88, reg. 2 (with regs. 3-17)

[^key-9f1b123954625cf2f1d0cf1ffaa2c6a6]: S. 122 heading substituted (30.11.2023) by Civil Partnership (Scotland) Act 2020 (asp 15), s. 16, sch. 2 para. 6(3)(c); S.S.I. 2023/146, reg. 2, sch.

[^key-550e35350bee415a400616753342a4ae]: Words in s. 122(1) inserted (30.11.2023) by Civil Partnership (Scotland) Act 2020 (asp 15), s. 16, sch. 2 para. 6(3)(a); S.S.I. 2023/146, reg. 2, sch.

[^key-4cfe75382251ade119c529d62bd26c39]: Words in s. 122(5) inserted (30.11.2023) by Civil Partnership (Scotland) Act 2020 (asp 15), s. 16, sch. 2 para. 6(3)(b); S.S.I. 2023/146, reg. 2, sch.

[^key-e06e1372d72d6c27798d7437eec3ded6]: S. 3(1A)(1B) inserted (2.8.2024) by Victims and Prisoners Act 2024 (c. 21), ss. 76(3), 81(2); S.I. 2024/846, reg. 2(b)

[^key-056dea92868c96a86deb2019209b4fb1]: S. 3(3)(4) inserted (2.8.2024) by Victims and Prisoners Act 2024 (c. 21), ss. 76(4), 81(2); S.I. 2024/846, reg. 2(b)

[^key-299efd599e1439362e6f44e50791976a]: Word in s. 3(1)(c) omitted (2.8.2024) by virtue of Victims and Prisoners Act 2024 (c. 21), ss. 76(2)(a), 81(2); S.I. 2024/846, reg. 2(b)

[^key-a8d481db40597aed8c0b59a88cc93b22]: S. 3(1)(e) and word inserted (2.8.2024) by Victims and Prisoners Act 2024 (c. 21), ss. 76(2)(b), 81(2); S.I. 2024/846, reg. 2(b)

[^key-ebb31387f9770df80d5250598055a68d]: Words in s. 9F inserted (2.8.2024) by Victims and Prisoners Act 2024 (c. 21), ss. 76(5), 81(2); S.I. 2024/846, reg. 2(b)

[^key-ef13b3bd7e90259a3e481616c3522bac]: S. 19(5A)(5B) inserted (2.8.2024) by Victims and Prisoners Act 2024 (c. 21), ss. 76(8), 81(2); S.I. 2024/846, reg. 2(b)

[^key-a418fc01bbed7ace29199c650bac06c7]: S. 19(7A) inserted (2.8.2024) by Victims and Prisoners Act 2024 (c. 21), ss. 76(9), 81(2); S.I. 2024/846, reg. 2(b)

[^key-1eedb7b80fe5f5d4d54e413ea9cad58e]: S. 102(8A) inserted (1.4.2025) by Moveable Transactions (Scotland) Act 2023 (asp 3), ss. 56(2), 121(2); S.S.I. 2024/378, reg. 2

[^key-acbeebb51f929b9806e257bc2169f428]: Words in s. 103(2) inserted (1.4.2025) by Moveable Transactions (Scotland) Act 2023 (asp 3), ss. 56(3), 121(2); S.S.I. 2024/378, reg. 2

[^key-22a47813a8aeebc4bbc51182aa3589e0]: S. 103(10) inserted (1.4.2025) by Moveable Transactions (Scotland) Act 2023 (asp 3), ss. 56(5), 121(2); S.S.I. 2024/378, reg. 2

[^key-755fbe6a014c1f1cb3dd756e19d5dd43]: Words in s. 106(2) inserted (1.4.2025) by Moveable Transactions (Scotland) Act 2023 (asp 3), ss. 56(6), 121(2); S.S.I. 2024/378, reg. 2

[^key-307543861f15f30d7f14f6c83d1945c5]: S. 108(5) inserted (1.4.2025) by Moveable Transactions (Scotland) Act 2023 (asp 3), ss. 56(8), 121(2); S.S.I. 2024/378, reg. 2

[^M_F_1d17b8b4-4094-413d-e362-d2a662a482f3]: S. 108 heading substituted (1.4.2025) by Moveable Transactions (Scotland) Act 2023 (asp 3), ss. 56(9), 121(2); S.S.I. 2024/378, reg. 2

[^key-d9fbae85a0c1e0fc919d6259d1ab644c]: Word in s. 19(4)(a) omitted (27.5.2025) by virtue of Victims and Prisoners Act 2024 (c. 21), ss. 76(7)(a), 81(2); S.I. 2025/441, reg. 4(b)

[^key-6c4b92d6dbc22dce07b3fc5934ca17a2]: S. 19(4)(c) and word inserted (27.5.2025) by Victims and Prisoners Act 2024 (c. 21), ss. 76(7)(b), 81(2); S.I. 2025/441, reg. 4(b)

[^key-0c58c3aa3e3728702ae62dccdb952ca3]: Sch. 24 paras. 118-122 repealed (29.4.2013 for specified purposes, 1.7.2013 and 29.7.2013 for specified purposes, 28.10.2013 for specified purposes, 25.11.2013 for specified purposes, 24.2.2014 and 7.4.2014 for specified purposes, 23.6.2014 and further specified dates for specified purposes, 15.9.2014 and further specified dates for specified purposes, 26.11.2014 for specified purposes, 28.1.2015 for specified purposes, 16.2.2015 and further specified dates for specified purposes, 18.3.2015 and further specified dates for specified purposes, 21.9.2015 and further specified dates for specified purposes, 2.12.2015 for specified purposes, 27.1.2016 and 24.2.2016 for specified purposes, 23.3.2016 and 27.4.2016 for specified purposes, 1.2.2019 for specified purposes, 1.12.2025 for specified purposes) by Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 14 Pt. 1; S.I. 2013/983, arts. 4(1)(c), 5, Sch. 1 (with arts. 6, 9(1), 22, Sch. 4) (as amended: (1.7.2013) by S.I. 2013/1511; (29.10.2013) by S.I. 2013/2657; (16.6.2014) by S.I. 2014/1452; (30.6.2014) by S.I. 2014/1661; (28.7.2014) by S.I. 2014/1923; (15.9.2014) by S.I. 2014/2321; (17.11.2014) by S.I. 2014/3067; (21.11.2014) by S.I. 2014/3094; (19.1.2015) by S.I. 2015/32 (as amended (10.2.2015) by S.I. 2015/101); (10.3.2015) by S.I. 2015/634; (20.7.2015) by S.I. 2015/1537; (23.11.2015) by S.I. 2015/1930; (6.4.2017) by S.I. 2017/483; (2.2.2018) by S.I. 2018/138; (16.1.2019) by S.I. 2019/10; (31.1.2019) by S.I. 2019/167; (30.3.2022) by S.I. 2022/302; and (25.7.2022) by S.I. 2022/752); S.I. 2013/1511, art. 4, Sch. (as amended: (29.10.2013) by S.I. 2013/2657; (16.6.2014) by S.I. 2014/1452; (30.6.2014) by S.I. 2014/1661; (28.7.2014) by S.I. 2014/1923; (17.11.2014) by S.I. 2014/3067; (19.1.2015) by S.I. 2015/32; (10.3.2015) by S.I. 2015/634; and (20.7.2015) by S.I. 2015/1537); S.I. 2013/2657, art. 4, Sch. (with art. 6) (as amended: (16.6.2014) by S.I. 2014/1452; (30.6.2014) by S.I. 2014/1661; (28.7.2014) by S.I. 2014/1923; (17.11.2014) by S.I. 2014/3067; (19.1.2015) by S.I. 2015/32; (10.3.2015) by S.I. 2015/634; and (20.7.2015) by S.I. 2015/1537); S.I. 2013/2846, art. 4, Sch. (with art. 5) (as amended: (16.6.2014) by S.I. 2014/1452; (30.6.2014) by S.I. 2014/1661; (28.7.2014) by S.I. 2014/1923; (17.11.2014) by S.I. 2014/3067; (19.1.2015) by S.I. 2015/32; (10.3.2015) by S.I. 2015/634; and (20.7.2015) by S.I. 2015/1537); S.I. 2014/209, art. 4, Sch. (as amended: (16.6.2014) by S.I. 2014/1452; (30.6.2014) by S.I. 2014/1661; (28.7.2014) by S.I. 2014/1923; (17.11.2014) by S.I. 2014/3067; (19.1.2015) by S.I. 2015/32; (10.3.2105) by S.I. 2015/634; and (20.7.2015) by S.I. 2015/1537); S.I. 2014/1583, art. 4, Sch. (as amended (30.6.2014) by S.I. 2014/1661; (28.7.2014) by S.I. 2014/1923; (17.11.2014) by S.I. 2014/3067; (19.1.2015) by S.I. 2015/32; (10.3.2015) by S.I. 2015/634; and (20.7.2015) by S.I. 2015/1537); S.I. 2014/2321, art. 4 (as amended: (17.11.2014) by S.I. 2014/3057; (19.1.2015) by S.I. 2015/32; (10.3.2015) by S.I. 2015/634; and (20.7.2015) by S.I. 2015/1537); S.I. 2014/3094, art. 4 (with art. 6) (as amended (25.7.2022) by S.I. 2022/752); S.I. 2015/33, art. 4 (with art. 6) (as amended: (11.2.2015) by S.I. 2015/101; (10.3.2015) by S.I. 2015/634; (6.4.2017) by S.I. 2017/483; (11.4.2018) by S.I. 2018/138; (16.1.2019) by S.I. 2019/10; (15.1.2019) by S.I. 2019/37); (31.1.2019) by S.I. 2019/167; (30.3.2022) by S.I. 2022/302; and (25.7.2022) by S.I. 2022/752); S.I. 2015/101, art. 4 (as amended (10.3.2015) by S.I. 2015/534; (17.3.2015) by S.I. 2015/740; and (20.7.2015) by S.I. 2015/1537); S.I. 2015/634, art. 4 (with art. 6) (as amended: (17.3.2015) by S.I. 2015/740; (6.4.2017) by S.I. 2017/376; (16.1.2019) by S.I. 2019/10; (15.1.2019) by S.I. 2019/37; (31.1.2019) by S.I. 2019/167; (30.3.2022) by S.I. 2022/302; and (25.7.2022) by S.I. 2022/752); S.I. 2015/1537, art. 4 (as modified (23.11.2015) by S.I. 2015/1930, art. 6); S.I. 2015/1930, art. 4; S.I. 2016/33, art. 4, Sch.; S.I. 2016/407, art. 4, Sch.; S.I. 2019/167, art. 4(5)-(7) (with art. 4(8)-(12)); S.I. 2025/1148, art. 2 (with art. 3)

[^key-bfab21a6e6c706621c7445615e73f889]: Sch. 24 paras. 131-137 repealed (27.9.2017 for specified purposes, 15.11.2017 and 13.12.2017 for specified purposes, 17.1.2018 and further specified dates for specified purposes, 16.5.2018 and further specified dates for specified purposes, 5.9.2018 and further specified dates for specified purposes, 1.2.2019 for specified purposes, 1.12.2025 for specified purposes) by The Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006), art. 2(2), Sch. 12 Pt. 1; S.R. 2017/190, art. 6, Sch. 2 (with arts. 7, 8, 10-25, Sch. 3); S.R. 2017/216, art. 4 (with art. 5); S.R. 2018/1, art. 4 (with art. 5); S.R. 2018/97, art. 4 (with art. 5); S.R. 2018/138, art. 4 (with art. 5); S.R. 2019/7, art. 2(5)-(7) (with art. 2(8)-(12)); S.R. 2025/176, art. 2 (with art. 3)

A relationship is specified for the purposes of section 213(1)(a) (specified relationships between two people of the same sex) if it is registered in a country or territory given in the first column of the table and fits the description given in relation to that country or territory in the second column—

Occupancy rights

Civil partners: competency of interdict

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Formation of civil partnership by registration

Parental etc. consent where proposed civil partner under 18

Certificates of no impediment for Part 2 purposes

Entitlement to apply for residence or contact order

Adoption

False statements etc. with reference to civil partnerships

Family homes and domestic violence

Restriction on publicity of reports of proceedings

Restriction on publicity of reports of proceedings

Meaning of “the court”

Interpretation of statutory references to stepchildren etc.

Discrimination against civil partners in employment field

Discrimination against civil partners in employment field: Northern Ireland

Power to amend enactments relating to pensions

Pension compensation sharing orders

Restrictions on making pension compensation sharing orders

Civil partners: competency of interdict

Council Tax: liability of civil partners

Entitlement to apply for residence or contact order

Adoption

False statements etc. with reference to civil partnerships

Ceremonies and events to mark civil partnerships: protection from compulsion

Immigration control and formation of civil partnerships

Discrimination against civil partners in employment field

Civil partners to have unlimited insurable interest in each other

Regulations and orders

Pension compensation sharing orders

Occupancy: subsidiary and consequential rights

Provisions where both civil partners have title

Council Tax: liability of civil partners

Relief for respondent in dissolution proceedings

Guardianship

Adoption

False statements etc. with reference to civil partnerships

Housing and tenancies

Immigration control and formation of civil partnerships

Discrimination against civil partners in employment field

Regulations and orders

Extent

Pension compensation sharing orders

Interpretation of statutory references to stepchildren etc.

Extent

Circumstances in which pension compensation sharing orders may be made

Gender recognition where applicant a civil partner

Power to make further provision in connection with civil partnership

Extent

Pension compensation sharing orders

Relief for respondent in dissolution proceedings

Guardianship

Adoption

False statements etc. with reference to civil partnerships

Housing and tenancies

Immigration control and formation of civil partnerships

Minor and consequential amendments, repeals and revocations

Restrictions on making pension compensation sharing orders

Circumstances in which pension compensation sharing orders may be made

Pension compensation sharing orders: apportionment of charges

Maintenance orders

Orders in respect of legal services

38A

• (1) In proceedings for a dissolution, nullity or separation order, the court may make an order or orders requiring one civil partner to pay to the other (“the applicant”) an amount for the purpose of enabling the applicant to obtain legal services for the purposes of the proceedings.

• (2) The court may also make such an order or orders in proceedings under this Schedule for financial relief in connection with proceedings for a dissolution, nullity or separation order.

• (3) The court must not make an order under this paragraph unless it is satisfied that, without the amount, the applicant would not reasonably be able to obtain appropriate legal services for the purposes of the proceedings or any part of the proceedings.

• (4) For the purposes of sub-paragraph (3), the court must be satisfied, in particular, that—

• (a) the applicant is not reasonably able to secure a loan to pay for the services, and

• (b) the applicant is unlikely to be able to obtain the services by granting a charge over any assets recovered in the proceedings.

• (5) An order under this paragraph may be made for the purpose of enabling the applicant to obtain legal services of a specified description, including legal services provided in a specified period or for the purposes of a specified part of the proceedings.

• (6) An order under this paragraph may—

• (a) provide for the payment of all or part of the amount by instalments of specified amounts, and

• (b) require the instalments to be secured to the satisfaction of the court.

• (7) An order under this paragraph may direct that payment of all or part of the amount is to be deferred.

• (8) The court may at any time in the proceedings vary an order made under this paragraph if it considers that there has been a material change of circumstances since the order was made.

• (9) For the purposes of the assessment of costs in the proceedings, the applicant's costs are to be treated as reduced by any amount paid to the applicant pursuant to an order under this section for the purposes of those proceedings.

• (10) In this paragraph “legal services”, in relation to proceedings, means the following types of services—

• (a) providing advice as to how the law applies in the particular circumstances,

• (b) providing advice and assistance in relation to the proceedings,

• (c) providing other advice and assistance in relation to the settlement or other resolution of the dispute that is the subject of the proceedings, and

• (d) providing advice and assistance in relation to the enforcement of decisions in the proceedings or as part of the settlement or resolution of the dispute,

and they include, in particular, advice and assistance in the form of representation and any form of dispute resolution, including mediation.

• (11) In sub-paragraphs (5) and (6) “specified” means specified in the order concerned.

38B

• (1) When considering whether to make or vary an order under paragraph 38A, the court must have regard to—

• (a) the income, earning capacity, property and other financial resources which each of the applicant and the paying party has or is likely to have in the foreseeable future,

• (b) the financial needs, obligations and responsibilities which each of the applicant and the paying party has or is likely to have in the foreseeable future,

• (c) the subject matter of the proceedings, including the matters in issue in them,

• (d) whether the paying party is legally represented in the proceedings,

• (e) any steps taken by the applicant to avoid all or part of the proceedings, whether by proposing or considering mediation or otherwise,

• (f) the applicant's conduct in relation to the proceedings,

• (g) any amount owed by the applicant to the paying party in respect of costs in the proceedings or other proceedings to which both the applicant and the paying party are or were party, and

• (h) the effect of the order or variation on the paying party.

• (2) In sub-paragraph (1)(a) “earning capacity”, in relation to the applicant or the paying party, includes any increase in earning capacity which, in the opinion of the court, it would be reasonable to expect the applicant or the paying party to take steps to acquire.

• (3) For the purposes of sub-paragraph (1)(h), the court must have regard, in particular, to whether the making or variation of the order is likely to—

• (a) cause undue hardship to the paying party, or

• (b) prevent the paying party from obtaining legal services for the purposes of the proceedings.

• (4) The Lord Chancellor may by order amend this paragraph by adding to, omitting or varying the matters mentioned in sub-paragraphs (1) to (3).

• (5) An order under sub-paragraph (4) must be made by statutory instrument.

• (6) A statutory instrument containing an order under sub-paragraph (4) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

• (7) In this paragraph “legal services” has the same meaning as in paragraph 38A.

2A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Pension compensation sharing orders: apportionment of charges

Restrictions on making pension compensation sharing orders

94A

• (1) A civil partnership between persons of the same sex may be registered by and only by—

• (a) a person who is—

• (i) a celebrant of a religious or belief body prescribed by regulations made by the Scottish Ministers, or who, not being a celebrant, is recognised by a religious or belief body so prescribed as entitled to register civil partnerships between persons of the same sex on its behalf,

• (ii) registered under section 94B to register civil partnerships between persons of the same sex, or

• (iii) temporarily authorised under section 94E to register civil partnerships between persons of the same sex, or

• (b) a person who is a district registrar or assistant registrar appointed under section 87.

• (2) The Scottish Ministers may prescribe a religious or belief body under subsection (1)(a)(i) only if—

• (a) the body requests them to do so, and

• (b) the Scottish Ministers are satisfied that the body meets the qualifying requirements.

• (2A) A civil partnership between persons of different sexes may be registered by and only by—

• (a) a person who is—

• (i) a celebrant of a religious or belief body prescribed by regulations made by the Scottish Ministers, or who, not being a celebrant, is recognised by a religious or belief body so prescribed as entitled to register civil partnerships between persons of different sexes on its behalf,

• (ii) registered under section 94B to register civil partnerships between persons of different sexes, or

• (iii) temporarily authorised under section 94E to register civil partnerships between persons of different sexes, or

• (b) a person who is a district registrar or assistant registrar appointed under section 87.

• (2B) The Scottish Ministers may prescribe a religious or belief body under subsection (2A)(a)(i) only if—

• (a) the body requests them to do so, and

• (b) the Scottish Ministers are satisfied that the body meets the qualifying requirements.

• (3) For the avoidance of doubt, nothing in subsection (1)(a) , (2)(a), (2A)(a) or (2B)(a)—

• (a) imposes a duty on any religious or belief body to make a request referred to in subsection (2)(a) or subsection (2B)(a),

• (b) imposes a duty on any such body to nominate under section 94B any of its members to be registered as empowered to register civil partnerships between persons of the same sex or between persons of different sexes,

• (c) imposes a duty on any person to apply for temporary authorisation under section 94E to register civil partnerships between persons of the same sex or between persons of different sexes,

• (d) imposes a duty on any person who is an approved celebrant in relation to civil partnerships to register civil partnerships between persons of the same sex or between persons of different sexes.

• (4) In this Part—

• (a) any such person as is mentioned in subsection (1)(a) or (2A)(a) is referred to as an “approved celebrant”,

• (b) a civil partnership registered by an approved celebrant is referred to as a “religious or belief civil partnership”,

• (c) a civil partnership registered by an authorised registrar is referred to as a “civil registration”.

• (5) In subsection (2)(b), the “qualifying requirements” are such requirements as may be set out in regulations made by the Scottish Ministers.

94B

• (1) A religious or belief body, not being prescribed by virtue of section 94A(1)(a)(i), may nominate to the Registrar General any of its members who it desires should be registered under this section as empowered to register civil partnerships between persons of the same sex.

• (1A) A religious or belief body, not being prescribed by virtue of section 94A(2A)(a)(i), may nominate to the Registrar General any of its members who it desires should be registered under this section as empowered to register civil partnerships between persons of different sexes.

• (2) The Registrar General must reject a nomination under subsection (1) or (1A) if in the Registrar General's opinion—

• (a) the nominating body is not a religious or belief body,

• (b) the nominee is not a fit and proper person to register a civil partnership,

• (c) there are already registered under this section sufficient members of the same body as the nominee to meet the needs of that body in relation to registering civil partnerships between persons of the same sex or, as the case may be, civil partnerships between persons of different sexes, or

• (d) the nominating body does not meet the qualifying requirements.

• (3) In subsection (2)(d), the “qualifying requirements” are such requirements as may be set out in regulations made by the Scottish Ministers.

• (4) Where the Registrar General accepts a nomination made under subsection (1), the Registrar General—

• (a) must determine the period during which the nominee is empowered to register civil partnerships, being a period of not more than 3 years,

• (b) may determine that the nominee is empowered to register civil partnerships only in such area or place as the Registrar General may specify, and

• (c) may make acceptance of the nominee's registration subject to such other conditions as the Registrar General thinks fit.

• (5) Nothing in subsection (4)(a) prevents the Registrar General from accepting a further nomination of that nominee, in accordance with this section, to take effect at any time after the end of the period determined by the Registrar General under subsection (4)(a).

• (6) The Registrar General must—

• (a) if accepting a nomination made under subsection (1) or (1A)—

• (i) so inform the nominee and the nominating body, specifying the period during which the acceptance has effect and any condition to which the acceptance is subject,

• (ii) enter the name of the nominee, the nominating body and such other particulars as the Registrar General thinks fit in a register which the Registrar General must establish and maintain and which must be made available for public inspection at all reasonable times free of charge,

• (b) if rejecting a nomination made under subsection (1) or (1A), by notice in writing inform the nominating body of the reasons for that rejection.

• (6A) The register mentioned in subsection (6)(a)(ii) is to be in two parts—

• (a) the first part containing the details mentioned in subsection (6)(a)(ii) in relation to persons nominated by religious or belief bodies to register civil partnerships between persons of the same sex, and

• (b) the second part containing those details in relation to persons nominated by religious or belief bodies to register civil partnerships between persons of different sexes.

• (7) For the purposes of subsection (6)(b), notice which is given by electronic means is to be treated as in writing if it is received in a form which is legible and capable of being used for subsequent reference.

• (8) If the nominating body is aggrieved by a rejection under this section it may, within 28 days of receiving notice of the rejection, appeal to the Scottish Ministers.

• (9) On any such appeal the Scottish Ministers may—

• (a) direct the Registrar General to accept the nomination, or

• (b) confirm the rejection of the nomination,

and must inform the nominating body of their decision and the reason for it; and their decision is final.

• (10) If a reason given for confirming the rejection of a nomination is that the nominating body is not a religious or belief body, the body may, within 42 days of receiving notice of the confirmation, appeal against the decision to the Court of Session and seek the determination of that court as to whether the body is a religious or belief body.

• (11) If—

• (a) the Court determines that the nominating body is a religious or belief body, and

• (b) the reason mentioned in subsection (10) was the only reason given for confirming the rejection of the nomination,

the Registrar General must give effect to the determination as if it were a direction under subsection (9)(a) to accept the nomination.

94C

• (1) Subject to the provisions of this section, the Registrar General may remove the name of a person registered under section 94B from the register on the ground that—

• (a) the person has requested that the person's name should be so removed,

• (b) the body which nominated the person under section 94B(1) or (1A) no longer desires that the person should be so registered,

• (c) the person—

• (i) has, while registered as an approved celebrant, been convicted of an offence under this Part,

• (ii) has, for the purpose of profit or gain, been carrying on a business of registering civil partnerships,

• (iii) is not a fit and proper person to register civil partnerships, or

• (iv) for any other reason, should not be registered as an approved celebrant.

• (2) The Registrar General may not remove the name of a person from the register on any ground mentioned in subsection (1)(c) unless the Registrar General has given the person at least 21 days notice in writing of the intention to do so.

• (3) For the purposes of subsection (2), notice which is given by electronic means is to be treated as in writing if it is received in a form which is legible and capable of being used for subsequent reference.

• (4) The Registrar General must—

• (a) in the notice given under subsection (2), specify the ground of removal and call upon the person to give any reasons, within the period specified in the notice, why the person's name should not be removed from the register, and

• (b) consider any representations made within that period by the person.

• (5) Where a person's name has been removed from the register on any of the grounds mentioned in paragraph (c) of subsection (1), the person or the body which nominated the person under section 94B(1) or (1A) may, if aggrieved by the removal, within 28 days of receiving notice of the removal appeal to the Scottish Ministers.

• (6) On an appeal under subsection (5) the Scottish Ministers may give any direction they think proper to the Registrar General as to the removal from, or restoration to, the register of the person's name; and such direction is final.

• (7) Where a person has received a notice in pursuance of subsection (2), the person must not register a civil partnership unless and until the person's name is restored to the register or, as the case may be, the Registrar General has decided not to remove the person's name from the register.

94D

• (1) A body registered in pursuance of section 94B(6)(a)(ii) must notify the Registrar General of any of the following events (if practicable, within 21 days of its occurrence)—

• (a) any change in the name or the address of the body or any amalgamation with any other religious or belief body, giving the name and address of any approved celebrant who is a member of the body so registered,

• (b) the death of an approved celebrant who is a member of the body so registered,

• (c) any change of name, address or designation of an approved celebrant who is a member of the body so registered,

• (d) the cessation of an approved celebrant who is a member of the body so registered from exercising the functions of an approved celebrant, giving the person's name and address.

• (2) The Registrar General must, on receipt of any such notification, make whatever alteration to the register maintained under section 94B the Registrar General considers necessary or desirable.

94E

• (1) The Registrar General may, in accordance with such terms and conditions as may be specified in the authorisation, grant to any member of a religious or belief body a temporary written authorisation to register—

• (a) a civil partnership or partnerships specified in the authorisation, or

• (b) civil partnerships during such period as is specified in the authorisation.

• (2) The Registrar General may grant an authorisation to a person under subsection (1) only if satisfied that the religious or belief body of which the person is a member meets the qualifying requirements.

• (2A) An authorisation under subsection (1)(b) may be granted in relation to—

• (a) civil partnerships between persons of the same sex only,

• (b) civil partnerships between persons of different sexes only, or

• (c) both.

• (3) The Registrar General may grant an authorisation to a person under subsection (1)(b) in relation to civil partnerships between persons of the same sex only if the religious or belief body of which the person is a member—

• (a) is prescribed by virtue of section 94A(1)(a)(i), or

• (b) has nominated members (whether or not including that person) under section 94B(1).

• (3A) The Registrar General may grant an authorisation to a person under subsection (1)(b) in relation to civil partnerships between persons of different sexes only if the religious or belief body of which the person is a member—

• (a) is prescribed by virtue of section 94A(2A)(a)(i), or

• (b) has nominated members (whether or not including that person) under section 94B(1A).

• (4) In subsection (2), the “qualifying requirements” are such requirements as may be set out in regulations made by the Scottish Ministers.

• (5) For the purposes of subsection (1), an authorisation which is issued by electronic means is to be treated as written if it is received in a form which is legible and capable of being used for subsequent reference.

95ZA

• (1) Where the civil partnership schedule is not delivered to the district registrar within 21 days from the date of registration as entered in the schedule, the registrar may serve a notice in the prescribed form on either of the parties to the civil partnership requiring that party within 8 days from the date of service to deliver the schedule, or send it by post, to the registrar.

• (2) If a person on whom a notice has been served under subsection (1) fails to comply with the notice, the district registrar may serve on the person a second notice in the prescribed form requiring the person to attend personally at the registration office of the district registrar, within 8 days from the date of service of the second notice, for the purpose of delivering the civil partnership schedule to the district registrar to enable the registrar to enter the civil partnership in the civil partnership register.

Rights of occupancy in relation to division and sale

Provisions where both civil partners have title

Circumstances in which pension compensation sharing orders may be made

8A

• (1) This section applies to notice of proposed civil partnership given to a registration authority in accordance with section 8 if one, or each, of the parties to the proposed civil partnership is not a relevant national.

• (2) But this section does not apply if Schedule 3 applies to the proposed civil partnership.

• (3) For each party to the proposed civil partnership who is not a relevant national, the notice must include whichever of statements A, B or C is applicable to that person.

• (4) Statement A is a statement that the person has the appropriate immigration status.

• (5) Statement B is a statement that the person holds a relevant visa in respect of the proposed civil partnership.

• (6) Statement C is a statement that the person neither—

• (a) has the appropriate immigration status, nor

• (b) holds a relevant visa in respect of the proposed civil partnership.

• (7) If the notice contains the statement referred to in the first column of an entry in this table, the notice must be accompanied by the information and photographs referred to in the second column of that entry (insofar as that entry is applicable to the parties to the proposed civil partnership)—

If the notice includes this statement...	...the notice must be accompanied by...
Statement A (in respect of one or both of the parties to the proposed civil partnership)	For each party in respect of whom statement A is made, details of the particular immigration status which that party has
Statement B (in respect of one or both of the parties to the proposed civil partnership)	1For each party, a specified photograph of that party2For each party in respect of whom statement B is made, details of the relevant visa which that party has
Statement C (in respect of one or both of the parties to the proposed civil partnership)	1For each party, a specified photograph of that party2For each party, the usual address of that party3For each party whose usual address is outside the United Kingdom, an address in the United Kingdom at which that party can be contacted by post4For each party who has previously used any name or names other than the person's name stated in the notice of proposed civil partnership in accordance with regulations under section 8(2), a statement of the other name or names5For each party who currently uses, or has previously used, an alias or aliases, a statement of the alias or aliases

• (8) If the notice contains more than one of statements A, B and C, subsection (7) must be complied with in relation to each of those statements; but where the notice contains statements B and C, subsection (7) does not require the notice to be accompanied by more than one specified photograph of each party.

• (9) If the notice includes statement C for a party to the proposed civil partnership—

• (a) the notice may be accompanied by a statement (“statement D”) of that person's immigration position in the United Kingdom;

• (b) if the notice is accompanied by statement D for a party to the proposed civil partnership, the person may provide the registration authority with details of his or her immigration position in the United Kingdom; and

• (c) if any such details are provided, the registration authority must record them.

• (10) In this section—

• (a) a reference—

• (i) to a person having the appropriate immigration status, or

• (ii) to a person holding a relevant visa,

has the same meaning as in section 49 of the Immigration Act 2014;

• (b) a reference to the particular immigration status which a person has is a reference to the immigration status set out in any of paragraphs (a) to (c) of section 49(2) of that Act which the person has;

• (c) a reference to a person's immigration position in the United Kingdom includes a reference to the person's not being entitled to be in the United Kingdom.

• (11) In this section “specified photograph” means a photograph that is in accordance with regulations made under section 9E (and for this purpose “photograph” includes other kinds of images).

9A

• (1) This section applies to notice of proposed civil partnership given to a registration authority in accordance with section 8 if one, or each, of the parties to the proposed civil partnership is not a relevant national.

• (2) If the notice includes statement A (referred to in section 8A(4)), and accordingly is accompanied by details of the particular immigration status which a party to the proposed civil partnership has, the notice must be accompanied by specified evidence of that status.

• (3) If the notice includes statement B (referred to in section 8A(5)), the notice must be accompanied by specified evidence of the holding of the relevant visa by the party to the proposed civil partnership.

• (4) If, in accordance with section 8A(7), the notice is accompanied by the usual address of a party to the proposed civil partnership, the notice must also be accompanied by specified evidence that it is that party's usual address.

• (5) If the notice includes statement D (referred to in section 8A(9)), the notice may be accompanied by evidence of the person's immigration position in the United Kingdom.

• (6) If subsection (2) or (3) applies to the notice, and the notice is not accompanied by the specified evidence required by that subsection, the notice must be accompanied by—

• (a) photographs and addresses of the kinds referred to in paragraphs 1 and 2 in the relevant entry in section 8A(7);

• (b) as respects the usual address of each party that is provided in accordance with paragraph (a), specified evidence that the address provided is that party's usual address; and

• (c) addresses, names and aliases of the kinds referred to in paragraphs 3 to 5 in the relevant entry in section 8A(7) (insofar as those paragraphs are applicable to the parties to the proposed civil partnership).

• (7) In this section—

• “relevant entry in section 8A(7)” means the second column of the last entry in the table in section 8A(7);

• “specified evidence” means evidence that is in accordance with regulations made under section 9E.

9B

• (1) The Secretary of State may, by regulations, make provision about the giving to the Secretary of State of—

• (a) notice of a person's usual address, if the person's notified usual address changes;

• (b) notice of a UK contact address, if the person's notified usual address is not in the United Kingdom;

• (c) notice of a person's UK contact address, if the person's notified UK contact address changes;

• (d) evidence of any address notified in accordance with regulations under paragraph (a), (b) or (c).

• (2) The provision that may be made in regulations under this section includes—

• (a) provision imposing a requirement on a person;

• (b) provision about the rejection of information or evidence which there are reasonable grounds to suspect to be false.

• (3) Regulations under subsection (1)(d) may, in particular, make any provision of the kind that may be made under section 9E(3).

• (4) In this section—

• “notified UK contact address” means an address in the United Kingdom, at which a person can be contacted by post, that has been notified in accordance with—section 8A(7) or 9A(6), orregulations under this section;

• “notified usual address” means the usual address of a person that has been notified in accordance with—section 8A(7) or 9A(6), orregulations under this section.

9C

• (1) A registration authority may reject—

• (a) any information or photograph provided under section 8, 8A or 9A, or

• (b) any evidence provided under section 9 or 9A,

if (in particular) the registration authority has reasonable grounds for suspecting that the information, photograph or evidence is false.

• (2) If the registration authority rejects any information, photograph or evidence, the registration authority may proceed under this Act as if the rejected information, photograph or evidence had not been provided.

• (3) This section does not limit the powers of registration authorities to reject anything provided under any other enactment.

9D

• (1) The Secretary of State may by order—

• (a) amend section 8A or 9A so as to vary the information that must or may be given in cases where that section applies;

• (b) amend section 9 or 9A so as to vary the matters in respect of which specified evidence must or may be given in cases where that section applies;

• (c) make such provision (including provision amending section 9B or 9E or any other enactment) as the Secretary of State considers appropriate in consequence of provision made under paragraph (a) or (b).

• (2) The Secretary of State must consult the Registrar General before making an order under this section.

9E

• (1) The Registrar General may make regulations about the evidence that is required to be given for the purposes of section 9.

• (2) The Secretary of State may make regulations about the evidence that is required to be given for the purposes of section 9A.

• (3) Regulations under this section may, in particular, make provision about—

• (a) the kind of evidence which is to be supplied;

• (b) the form in which evidence is to be supplied;

• (c) the manner in which evidence is to be supplied;

• (d) the period within which evidence is to be supplied;

• (e) the supply of further evidence;

• (f) the sufficiency of evidence supplied;

• (g) the consequences of failing to supply sufficient evidence in accordance with the regulations (including provision to secure that, in such a case, a particular decision is made or is to be treated as having been made);

• (h) the retention or copying of evidence supplied.

• (4) In this section “evidence” includes a photograph or other image.

• (5) The Registrar General must obtain the approval of the Secretary of State before making regulations under this section.

• (6) The Secretary of State must consult the Registrar General before making regulations under this section.

9F

The registration authority must not enter in the register the information relating to a proposed civil partnership mentioned in section 8(5) in a case where any of the requirements imposed by or under any of the following provisions of this Act is applicable but is not complied with—

• section 8A(3) to (7);

• section 8A(8);

• section 9(1);

• section 9A(4) or (6);

• section 18(3);

• section 19(3);

• section 19(5A);

• paragraph 5(1) of Schedule 1;

• paragraph 4 of Schedule 23.

12A

• (1) On every occasion when notice of proposed civil partnership is given under section 8, the registration authority must decide whether or not each of the parties to the proposed civil partnership is an exempt person.

• (2) But this section does not apply if Schedule 3 applies to the proposed civil partnership.

• (3) In making a decision under subsection (1) about a party to a proposed civil partnership, a registration authority may rely on any advice given in relation to that decision by the Secretary of State.

• (4) In a case where—

• (a) section 8A applies to the notice of proposed civil partnership, and

• (b) specified evidence required by section 9A(2) or (3) in relation to a party to the proposed civil partnership is not produced in accordance with that section,

the registration authority must decide that that party to the proposed civil partnership is not an exempt person.

• (5) If the registration authority decides that either of the parties is not an exempt person, or that both of the parties are not exempt persons, the registration authority must—

• (a) refer the proposed civil partnership to the Secretary of State;

• (b) notify the parties to the proposed civil partnership that the proposed civil partnership must be referred to the Secretary of State;

• (c) give the parties to the proposed civil partnership prescribed information about—

• (i) the effects of the referral;

• (ii) the requirement under regulations under section 9B to notify the Secretary of State of changes of address.

• (6) The registration authority must act in accordance with regulations when complying with the duty in subsection (5)(a) to refer a proposed civil partnership to the Secretary of State.

• (7) Regulations may, in particular, make provision about—

• (a) the form, manner or timing of the referral of a proposed civil partnership;

• (b) information, photographs or evidence — or copies of any of those things — to be included with the referral of a proposed civil partnership.

• (8) If the registration authority refers the proposed civil partnership to the Secretary of State, this Act has effect in relation to the proposed civil partnership subject to the modifications in Schedule 3A.

• (9) In this section—

• (a) a reference to a person being an exempt person has the same meaning as in section 49 of the Immigration Act 2014;

• (b) “prescribed information” means information prescribed in regulations;

• (c) “regulations” means regulations made by the Secretary of State after consulting the Registrar General.

Detained persons

30A

In this Chapter “relevant national” means—

• (a) a British citizen,

• (aa) an Irish citizen, or

• (ab) a person who is not an Irish citizen and who—

• (i) has leave to enter or remain in the United Kingdom which was granted by virtue of residence scheme immigration rules within the meaning given by section 17 of the European Union (Withdrawal Agreement) Act 2020, or

• (ii) is an applicant for the purposes of regulation 4 of the Citizens' Rights (Application Deadline and Temporary Protection) (EU Exit) Regulations 2020 (applications which have not been finally determined by the deadline) where the relevant period within the meaning of that regulation has not expired.

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Power to assimilate provisions relating to civil registration

Guardianship

Adoption

Housing and tenancies

Evidence

Correction of errors in civil partnership register

Offences

Circumstances in which pension compensation sharing orders may be made

Pension compensation sharing orders: apportionment of charges

93A

• (1) A religious or belief civil partnership may be registered only on the date and at the place specified in the civil partnership schedule.

• (2) But if, for any reason, the civil partnership cannot be registered on that date or at that place and a new date or place is fixed for the registration, the district registrar must—

• (a) issue another civil partnership schedule under section 94(2) in place of that already issued, specifying the new date or place, or

• (b) substitute, or direct the approved celebrant to substitute, the new date or place in the civil partnership schedule already issued.

• (3) Subsection (2) does not apply where—

• (a) the new date is more than 3 months after the date for the registration specified in the civil partnership schedule already issued, or

• (b) the new place is in a different registration district, is in Scottish waters instead of a registration district or is in a registration district instead of Scottish waters.

• (4) In a case falling within subsection (3)(a) or (b) the Registrar General may, according to the circumstances—

• (a) direct the district registrar—

• (i) to issue another civil partnership schedule under section 94(2) in place of that already issued, specifying the new date or place, or

• (ii) to substitute, or direct the approved celebrant to substitute, the new date or place in the civil partnership schedule already issued,

(whichever the Registrar General considers the more appropriate), or

• (b) direct each party to the civil partnership to submit to the district registrar a new notice of proposed civil partnership.

Pension compensation sharing orders: apportionment of charges

Restrictions on making pension compensation sharing orders

14A

• (1) A registration authority may refuse to issue a civil partnership schedule under section 14(1) in a case where—

• (a) notice of a proposed civil partnership has been given under section 8, and

• (b) a registration authority has reasonable grounds for suspecting that a relevant decision was made incorrectly because of the provision of false information or evidence.

• (2) If a registration authority refuses to issue the schedule, the parties to the proposed civil partnership are to be taken not to have given notice under section 8; but that does not prevent criminal proceedings from being brought against either party, or any other person, in relation to the giving of the notice.

• (3) This section does not limit the powers of registration authorities to refuse to issue civil partnership schedules.

• (4) In this section—

• “evidence” includes a photograph or other image;

• “exempt person” has the same meaning as in section 12A;

• “relevant decision” means a decision of a registration authority that a party to the proposed civil partnership is an exempt person.

88A

• (1) This section applies to a notice of proposed civil partnership submitted to a district registrar in accordance with section 88 if one, or each, of the parties to the proposed civil partnership is not a relevant national.

• (2) For each party to the proposed civil partnership who is not a relevant national, the notice must be accompanied by whichever of statements A, B or C is applicable to that person.

• (3) Statement A is a statement that the person has the appropriate immigration status.

• (4) Statement B is a statement that the person holds a relevant visa in respect of the proposed civil partnership.

• (5) Statement C is a statement that the person neither—

• (a) has the appropriate immigration status, nor

• (b) holds a relevant visa in respect of the proposed civil partnership.

• (6) If the notice is accompanied by the statement referred to in the first column of an entry in this table, the notice must also be accompanied by the information and photographs referred to in the second column of that entry (insofar as that entry is applicable to the parties to the proposed civil partnership)—

If the notice is accompanied by this statement....	...the notice must also be accompanied by....
Statement A (in respect of one or both of the parties to the proposed civil partnership)	For each party in respect of whom statement A is made, details of the particular immigration status which that party has
Statement B (in respect of one or both of the parties to the proposed civil partnership)	1. For each party, a specified photograph of that party2. For each party in respect of whom statement B is made, details of the relevant visa which that party has
Statement C (in respect of one or both of the parties to the proposed civil partnership)	1. For each party, a specified photograph of that party2. For each party, the usual address of that party3. For each party who has previously used any name or names other than the person’s name stated in the civil partnership notice, a statement of the other name or names4. For each party who currently uses, or has previously used, an alias or aliases, a statement of the alias or aliases.

• (7) If the notice is accompanied by more than one of statements A, B and C, subsection (6) must be complied with in relation to each of those statements; but where the notice is accompanied by statements B and C, subsection (6) does not require the notice to be accompanied by more than one specified photograph of each party.

• (8) If the notice is accompanied by statement C for a party to the proposed civil partnership—

• (a) the notice may also be accompanied by a statement (“statement D”) of that person’s immigration position in the United Kingdom;

• (b) if the notice is accompanied by statement D for a party to the proposed civil partnership, the person may provide the district registrar with details of his immigration position in the United Kingdom; and

• (c) if any such details are provided, the district registrar must record them.

• (9) In this section and section 88B—

• (a) a reference—

• (i) to a person having the appropriate immigration status, or

• (ii) to a person holding a relevant visa,

is to be construed in accordance with section 49 of the 2014 Act;

• (b) a reference to the particular immigration status which a person has is a reference to the immigration status set out in any of paragraphs (a) to (c) of section 49(2) of that Act which the person has;

• (c) a reference to a person’s immigration position in the United Kingdom includes a reference to the person’s not being entitled to be in the United Kingdom.

• (10) In this section “specified photograph” means a photograph that is in accordance with regulations made by the Secretary of State under section 54(2) of, and paragraph 3 of Schedule 5 to, the 2014 Act (and for this purpose “photograph” includes other kinds of images).

88B

• (1) If a notice of proposed civil partnership to which section 88A applies (“the notice”) is accompanied by statement A (referred to in section 88A(3)), and accordingly is also accompanied by details of the particular immigration status which a party to the proposed civil partnership has, the notice must also be accompanied by specified evidence of that status.

• (2) If the notice is accompanied by statement B (referred to in section 88A(4)), the notice must also be accompanied by specified evidence of the holding of the relevant visa by the party to the proposed civil partnership.

• (3) If, in accordance with section 88A(6), the notice is accompanied by the usual address of a party to the proposed civil partnership, the notice must also be accompanied by specified evidence that it is that party’s usual address.

• (4) If the notice is accompanied by statement D (referred to in section 88A(8)), the notice may also be accompanied by evidence of the person’s immigration position in the United Kingdom.

• (5) If subsection (1) or (2) applies to the notice, and the notice is not accompanied by the specified evidence required by that subsection, the notice must be accompanied by—

• (a) photographs and addresses of the kinds referred to in paragraphs 1 and 2 in the relevant entry in section 88A(6);

• (b) as respects the usual address of each party that is provided in accordance with sub-paragraph (a), specified evidence that the address provided is that party’s usual address; and

• (c) names and aliases of the kinds referred to in paragraphs 3 and 4 in the relevant entry in section 88A(6) (insofar as those paragraphs are applicable to the proposed civil partnership).

• (6) In this section—

• “relevant entry in section 88A(6)” means the second column of the last entry in the table in section 88A(6);

• “specified evidence” means evidence that is in accordance with regulations made by the Secretary of State under section 54(2) of, and paragraph 3 of Schedule 5 to, the 2014 Act.

88C

Where the notice of proposed civil partnership is accompanied by—

• (a) information provided in accordance with section 88A, and

• (b) information and evidence provided in accordance with section 88B,

that information and evidence must also be accompanied by a declaration in writing and signed by the party who makes it that the party believes all of the information and evidence accompanying the notice to be true.

88D

• (1) A district registrar may reject—

• (a) any evidence relating to a party’s nationality provided in accordance with section 88(8),

• (b) any information or photograph provided under section 88A or 88B, or

• (c) any evidence provided under section 88B,

if (in particular) the district registrar has reasonable grounds for suspecting that the information, photograph or evidence is false.

• (2) If the district registrar rejects any information, photograph or evidence, the district registrar may proceed under this Act as if the rejected information, photograph or evidence had not been provided.

• (3) This section does not limit the powers of the district registrar to reject anything provided under any other enactment.

• (4) In this section “enactment” includes an enactment comprised in, or an instrument made under, an Act of the Scottish Parliament.

88E

• (1) Where any of the requirements imposed by or under any of the provisions of this Act mentioned in subsection (2) is applicable but not complied with by either or both parties to the proposed civil partnership, the parties are to be taken not to have submitted notice under section 88.

• (2) The provisions are—

• (a) section 88(8);

• (b) section 88A(2) to (7);

• (c) section 88B(3) or (5);

• (d) paragraph 9 of Schedule 23.

88F

• (1) On every occasion when notice of proposed civil partnership is submitted under section 88, a district registrar must decide whether or not each of the parties to the proposed civil partnership is an exempt person.

• (2) But this section does not apply if section 96 applies to the proposed civil partnership.

• (3) In making a decision under subsection (1) about a party to a proposed civil partnership, a district registrar may rely on any advice given in relation to that decision by the Secretary of State.

• (4) In a case where—

• (a) section 88A applies to the notice of proposed civil partnership, and

• (b) specified evidence required by section 88B(1) or (2) in relation to a party to the proposed civil partnership is not produced in accordance with that section,

the district registrar must decide that that party to the proposed civil partnership is not an exempt person.

• (5) If the district registrar decides that either of the parties is not an exempt person, or that both of the parties are not exempt persons, the registrar must—

• (a) refer the proposed civil partnership to the Secretary of State;

• (b) notify the parties to the proposed civil partnership that the proposed civil partnership must be referred to the Secretary of State;

• (c) give the parties to the proposed civil partnership prescribed information about—

• (i) the effects of the referral;

• (ii) the requirement under regulations to notify the Secretary of State of changes of address.

• (6) The district registrar must act in accordance with regulations when complying with the duty in subsection (5)(a) to refer a proposed civil partnership to the Secretary of State.

• (7) If the district registrar refers the proposed civil partnership to the Secretary of State, this Act has effect in relation to the proposed civil partnership subject to the modifications in Schedule 10A.

• (8) In this section—

• (a) a reference to a person being an exempt person has the same meaning as in section 49 of the 2014 Act;

• (b) “prescribed information” means information prescribed in regulations;

• (c) “regulations” means regulations made by the Secretary of State under section 54(2) of, and Schedule 5 to, the 2014 Act.

139A

• (1) This section applies to a civil partnership notice given to a registrar in accordance with section 139 if one, or each, of the parties to the proposed civil partnership is not a relevant national.

• (2) For each party to the proposed civil partnership who is not a relevant national, the notice must be accompanied by whichever of statements A, B or C is applicable to that person.

• (3) Statement A is a statement that the person has the appropriate immigration status.

• (4) Statement B is a statement that the person holds a relevant visa in respect of the proposed civil partnership.

• (5) Statement C is a statement that the person neither—

• (a) has the appropriate immigration status, nor

• (b) holds a relevant visa in respect of the proposed civil partnership.

• (6) If the notice is accompanied by the statement referred to in the first column of an entry in this table, the notice must also be accompanied by the information and photographs referred to in the second column of that entry (insofar as that entry is applicable to the parties to the proposed civil partnership)—

If the notice is accompanied by this statement....	...the notice must also be accompanied by....
Statement A (in respect of one or both of the parties to the proposed civil partnership)	For each party in respect of whom statement A is made, details of the particular immigration status which that party has
Statement B (in respect of one or both of the parties to the proposed civil partnership)	1. For each party, a specified photograph of that party2. For each party in respect of whom statement B is made, details of the relevant visa which that party has
Statement C (in respect of one or both of the parties to the proposed civil partnership)	1. For each party, a specified photograph of that party2. For each party, the usual address of that party3. For each party who has previously used any name or names other than the person’s name stated in the civil partnership notice, a statement of the other name or names4. For each party who currently uses, or has previously used, an alias or aliases, a statement of the alias or aliases.

• (7) If the notice is accompanied by more than one of statements A, B and C, subsection (6) must be complied with in relation to each of those statements; but where the notice is accompanied by statements B and C, subsection (6) does not require the notice to be accompanied by more than one specified photograph of each party.

• (8) If the notice is accompanied by statement C for a party to the proposed civil partnership—

• (a) the notice may also be accompanied by a statement (“statement D”) of that person’s immigration position in the United Kingdom;

• (b) if the notice is accompanied by statement D for a party to the proposed civil partnership, the person may provide the registrar with details of his or her immigration position in the United Kingdom; and

• (c) if any such details are provided, the registrar must record them.

• (9) In this section and section 139B—

• (a) a reference—

• (i) to a person having the appropriate immigration status, or

• (ii) to a person holding a relevant visa,

is to be construed in accordance with section 49 of the 2014 Act;

• (b) a reference to the particular immigration status which a person has is a reference to the immigration status set out in any of paragraphs (a) to (c) of section 49(2) of that Act which the person has;

• (c) a reference to a person’s immigration position in the United Kingdom includes a reference to the person’s not being entitled to be in the United Kingdom.

• (10) In this section “specified photograph” means a photograph that is in accordance with regulations made by the Secretary of State under section 54(2) of, and paragraph 3 of Schedule 5 to, the 2014 Act (and for this purpose “photograph” includes other kinds of images).

139B

• (1) If a civil partnership notice to which section 139A applies (“the notice”) is accompanied by statement A (referred to in section 139A(3)), and accordingly is also accompanied by details of the particular immigration status which a party to the proposed civil partnership has, the notice must also be accompanied by specified evidence of that status.

• (2) If the notice is accompanied by statement B (referred to in section 139A(4)), the notice must also be accompanied by specified evidence of the holding of the relevant visa by the party to the proposed civil partnership.

• (3) If, in accordance with section 139A(6), the notice is accompanied by the usual address of a party to the proposed civil partnership, the notice must also be accompanied by specified evidence that it is that party’s usual address.

• (4) If the notice is accompanied by statement D (referred to in section 139A(8)), the notice may also be accompanied by evidence of the person’s immigration position in the United Kingdom.

• (5) If subsection (1) or (2) applies to the notice, and the notice is not accompanied by the specified evidence required by that subsection, the notice must be accompanied by—

• (a) photographs and addresses of the kinds referred to in paragraphs 1 and 2 in the relevant entry in section 139A(6);

• (b) as respects the usual address of each party that is provided in accordance with sub-paragraph (a), specified evidence that the address provided is that party’s usual address; and

• (c) names and aliases of the kinds referred to in paragraphs 3 and 4 in the relevant entry in section 139A(6) (insofar as those paragraphs are applicable to the parties to the proposed civil partnership).

• (6) In this section—

• “relevant entry in section 139A(6)” means the second column of the last entry in the table in section 139A(6);

• “specified evidence” means evidence that is in accordance with regulations made by the Secretary of State under section 54(2) of, and paragraph 3 of Schedule 5 to, the 2014 Act.

139C

Where information and evidence accompany the civil partnership notice in accordance with sections 139A and 139B that information and evidence must also be accompanied by a declaration in writing and signed by the party who makes it that the party believes all of the information and evidence accompanying the notice to be true.

139D

• (1) A registrar may reject—

• (a) any information or photograph provided under section 139A or 139B,

• (b) any evidence provided under section 139B, or

• (c) any evidence relating to a party’s nationality provided in accordance with section 141,

if (in particular) the registrar has reasonable grounds for suspecting that the information, photograph or evidence is false.

• (2) If the registrar rejects any information, photograph or evidence, the registrar may proceed under this Act as if the rejected information, photograph or evidence had not been provided.

• (3) This section does not limit the powers of the registrar to reject anything provided under any other statutory provision.

139E

• (1) On every occasion when a civil partnership notice is given under section 139, a registrar must decide whether or not each of the parties to the proposed civil partnership is an exempt person.

• (2) In making a decision under subsection (1) about a party to a proposed civil partnership, a registrar may rely on any advice given in relation to that decision by the Secretary of State.

• (3) In a case where—

• (a) section 139A applies to the civil partnership notice, and

• (b) specified evidence required by section 139B(1) or (2) in relation to a party to the proposed civil partnership is not produced in accordance with that section,

the registrar must decide that that party to the proposed civil partnership is not an exempt person.

• (4) If the registrar decides that either of the parties is not an exempt person, or that both of the parties are not exempt persons, the registrar must—

• (a) refer the proposed civil partnership to the Secretary of State;

• (b) notify the parties to the proposed civil partnership that the proposed civil partnership must be referred to the Secretary of State;

• (c) give the parties to the proposed civil partnership prescribed information about—

• (i) the effects of the referral;

• (ii) the requirement under regulations to notify the Secretary of State of changes of address.

• (5) The registrar must act in accordance with regulations when complying with the duty in subsection (4)(a) to refer a proposed civil partnership to the Secretary of State.

• (6) If the registrar refers the proposed civil partnership to the Secretary of State, this Act has effect in relation to the proposed civil partnership subject to the modifications in Schedule 13A.

• (7) In this section—

• (a) a reference to a person being an exempt person has the same meaning as in section 49 of the 2014 Act;

• (b) “prescribed information” means information prescribed in regulations;

• (c) “regulations” means regulations made by the Secretary of State under section 54(2) of, and Schedule 5 to, the 2014 Act.

143A

• (1) A registrar may refuse to complete a civil partnership schedule under section 143 (or where one has already been completed, may cancel it) in a case where—

• (a) notice of a proposed civil partnership has been given under section 139, and

• (b) the registrar has reasonable grounds for suspecting that a relevant decision was made incorrectly because of the provision of false information or evidence in or accompanying that notice.

• (2) If the registrar refuses to complete (or cancels) a civil partnership schedule under subsection (1), the parties to the proposed civil partnership are to be taken not to have given notice under section 139; but that does not prevent criminal proceedings from being brought against either party, or any other person, in relation to the giving of the notice.

• (3) This section does not limit the powers of the registrar to refuse to complete (or, as the case may be, cancel) a civil partnership schedule.

• (4) In this section—

• “evidence” includes a photograph or other image;

• “exempt person” has the same meaning as in section 139E;

• “relevant decision” means a decision of a registrar that a party to the proposed civil partnership is an exempt person.

SCHEDULE 3A

Introduction

1

• (1) These are the modifications subject to which this Act has effect if the registration authority refers a proposed civil partnership to the Secretary of State.

• (2) In this Schedule—

• “2014 Act” means the Immigration Act 2014;