Civil Partnership Act 2004

• “entitled partner” does not include a civil partner who, apart from the provisions of this Chapter—is permitted by a third party to occupy a family home, oris entitled to occupy a family home along with an individual who is not the other civil partner whether or not that individual has waived a right of occupation in favour of the civil partner so entitled,(“non-entitled partner” being construed accordingly).

• (3) This section does not apply in any case where—

• (a) the non-entitled partner in writing either—

• (i) consents or has consented to the dealing (any consent being in such form as the Scottish Ministers may, by regulations made by statutory instrument, prescribe), or

• (ii) renounces or has renounced occupancy rights in relation to the family home or property to which the dealing relates,

• (b) the court has made an order under section 107 dispensing with the consent of the non-entitled partner to the dealing,

• (c) the dealing occurred, or implements a binding obligation entered into by the entitled partner, before the registration of the civil partnership,

• (d) the dealing occurred, or implements a binding obligation entered into, before the commencement of this section,

• (e) the dealing comprises a transfer for value to a third party who has acted in good faith, if there is produced to the third party by the transferor—

• (i) a written declaration signed by the transferor, or a person acting on behalf of the transferor under a power of attorney or as a guardian (within the meaning of the Adults with Incapacity (Scotland) Act 2000 (asp 4)), that the subjects of the transfer are not, or were not at the time of the dealing, a family home in relation to which a civil partner of the transferor has or had occupancy rights, or

• (ii) a renunciation of occupancy rights or consent to the dealing which bears to have been properly made or given by the non-entitled partner or a person acting on behalf of the non-entitled partner under a power of attorney or as a guardian (within the meaning of the Adults with Incapacity (Scotland) Act 2000 (asp 4)).

• (f) the entitled partner has permanently ceased to be entitled to occupy the family home, and at any time after that a continuous period of 2 years has elapsed during which the non-entitled partner has not occupied the family home.

• (4) For the purposes of subsection (3)(e), the time of the dealing, in the case of the sale of an interest in heritable property, is the date of delivery to the purchaser of the deed transferring title to that interest.

Dispensation with civil partner’s consent to dealing

107

• (1) Subject to subsections (1A) and (1C), The court may, on the application of an entitled partner or any other person having an interest, make an order dispensing with the consent of a non-entitled partner to a dealing which has taken place or a proposed dealing, if—

• (a) such consent is unreasonably withheld,

• (b) such consent cannot be given by reason of physical or mental disability, or

• (c) the non-entitled partner cannot be found after reasonable steps have been taken to trace that partner.

• (1A) Subsection (1B) applies if, in relation to a proposed sale—

• (a) negotiations with a third party have not begun, or

• (b) negotiations have begun but a price has not been agreed.

• (1B) An order under subsection (1) dispensing with consent may be made only if—

• (a) the price agreed for the sale is no less than such amount as the court specifies in the order, and

• (b) the contract for the sale is concluded before the expiry of such period as may be so specified.

• (1C) Subsection (1D) applies if the proposed dealing is the grant of a heritable security.

• (1D) An order under subsection (1) dispensing with consent may be made only if—

• (a) the heritable security is granted for a loan of no more than such amount as the court specifies in the order, and

• (b) the security is executed before the expiry of such period as may be so specified.

• (2) For the purposes of subsection (1)(a), a non-entitled partner has unreasonably withheld consent to a dealing which has taken place or a proposed dealing, where it appears to the court either—

• (a) that the non-entitled partner—

• (i) has led the entitled partner to believe that the non-entitled partner would consent to the dealing, and

• (ii) would not be prejudiced by any change in the circumstances of the case since the conduct which gave rise to that belief occurred, or

• (b) that the entitled partner has, having taken all reasonable steps to do so, been unable to obtain an answer to a request for consent.

• (3) The court, in considering whether to make an order under subsection (1), is to have regard to all the circumstances of the case including the matters specified in paragraphs (a) to (e) of section 103(3).

• (3A) If the court refuses an application for an order under subsection (1), it may make an order requiring a non-entitled partner who is or becomes the occupier of the family home—

• (a) to make such payments to the owner of the home in respect of that partner's occupation of it as may be specified in the order,

• (b) to comply with such other conditions relating to that partner's occupation of the family home as may be so specified.

• (4) Where—

• (a) an application is made for an order under this section, and

• (b) an action is or has been raised by a non-entitled partner to enforce occupancy rights,

the action is to be sisted until the conclusion of the proceedings on the application.

Interests of heritable creditors

108

• (1) The rights of a third party with an interest in the family home as a creditor under a secured loan in relation to the non-performance of any obligation under the loan are not prejudiced by reason only of the occupancy rights of the non-entitled partner; but where a non-entitled partner has or obtains occupation of a family home and—

• (a) the entitled partner is not in occupation, and

• (b) there is a third party with such an interest in the family home,

the court may, on the application of the third party, make an order requiring the non-entitled partner to make any payment due by the entitled partner in respect of the loan.

• (2) This section does not apply to secured loans in respect of which the security was granted prior to the commencement of section 13 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73) unless the third party in granting the secured loan acted in good faith and there was produced to the third party by the entitled partner—

• (a) a written declaration signed by the entitled partner declaring that there is no non-entitled partner, or

• (b) a renunciation of occupancy rights or consent to the taking of the loan which bears to have been properly made or given by the non-entitled partner.

• (3) This section does not apply to secured loans in respect of which the security was granted after the commencement of section 13 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73) unless the third party in granting the secured loan acted in good faith and there was produced to the third party by the grantor—

• (a) a written declaration signed by the grantor declaring that the security subjects are not or were not at the time of the granting of the security a family home in relation to which a civil partner of the grantor has or had occupancy rights, or

• (b) a renunciation of occupancy rights or consent to the granting of the security which bears to have been properly made or given by the non-entitled partner.

• (4) For the purposes of subsections (2) and (3), the time of granting a security, in the case of a heritable security, is the date of delivery of the deed creating the security.

• (5) For the purposes of subsection (3), the time of granting a security, in the case of a statutory pledge, is—

• (a) the date of delivery of the constitutive document of the statutory pledge, or

• (b) where the statutory pledge is granted in an amendment document, the date of delivery of that document.

Provisions where both civil partners have title

109

• (1) Subject to subsection (2), where, apart from the provisions of this Chapter, both civil partners are entitled to occupy a family home—

• (a) the rights in that home of one civil partner are not prejudiced by reason only of any dealing of the other civil partner, and

• (b) a third party is not by reason only of such a dealing entitled to occupy that home or any part of it.

• (2) Sections 106(3) and 107 and the definition of “dealing” in section 106(2) apply for the purposes of subsection (1) as they apply for the purposes of section 106(1) but subject to the following modifications—

• (a) any reference to the entitled partner and to the non-entitled partner is to be construed as a reference to a civil partner who has entered into, or as the case may be proposes to enter into, a dealing and to the other civil partner respectively, and

• (b) in paragraph (b) of section 107(4) the reference to occupancy rights is to be construed as a reference to any rights in the family home.

Rights of occupancy in relation to division and sale

110

Where a civil partner brings an action for the division and sale of a family home owned in common with the other civil partner, the court, after having regard to all the circumstances of the case including—

• (a) the matters specified in paragraphs (a) to (d) of section 103(3), and

• (b) whether the civil partner bringing the action offers or has offered to make available to the other civil partner any suitable alternative accommodation,

may refuse to grant decree in that action or may postpone the granting of decree for such period as it considers reasonable in the circumstances or may grant decree subject to such conditions as it may prescribe.

Adjudication

111

• (1) Where a family home as regards which there is an entitled partner and a non-entitled partner is adjudged, the Court of Session, on the application of the non-entitled partner made within 40 days after the date of the decree of adjudication, may—

• (a) order the reduction of the decree, or

• (b) make such order as it thinks appropriate to protect the occupancy rights of the non-entitled partner,

if satisfied that the purpose of the diligence was wholly or mainly to defeat the occupancy rights of the non-entitled partner.

• (2) Section 106(2) applies in construing “entitled partner” and “non-entitled partner” for the purposes of subsection (1).

Transfer of tenancy

Transfer of tenancy

112

• (1) The court may, on the application of a non-entitled partner, make an order transferring the tenancy of a family home to that partner and providing, subject to subsection (12), for the payment by the non-entitled partner to the entitled partner of such compensation as seems to it to be just and reasonable in all the circumstances of the case.

• (2) In an action—

• (a) for dissolution of a civil partnership, the Court of Session or the sheriff,

• (b) for declarator of nullity of a civil partnership, the Court of Session,

may, on granting decree or within such period as the court may specify on granting decree, make an order granting an application under subsection (1).

• (3) In determining whether to grant an application under subsection (1), the court is to have regard to all the circumstances of the case including the matters specified in paragraphs (a) to (e) of section 103(3) and the suitability of the applicant to become the tenant and the applicant’s capacity to perform the obligations under the lease of the family home.

• (4) The non-entitled partner is to serve a copy of an application under subsection (1) on the landlord and, before making an order under subsection (1), the court is to give the landlord an opportunity of being heard by it.

• (5) On the making of an order granting an application under subsection (1), the tenancy vests in the non-entitled partner without intimation to the landlord, subject to all the liabilities under the lease (other than liability for any arrears of rent for the period before the making of the order).

• (6) The arrears mentioned in subsection (5) are to remain the liability of the original entitled partner.

• (7) The clerk of court is to notify the landlord of the making of an order granting an application under subsection (1).

• (8) It is not competent for a non-entitled partner to apply for an order under subsection (1) where the family home—

• (a) is let to the entitled partner by the entitled partner’s employer as an incident of employment, and the lease is subject to a requirement that the entitled partner must reside there,

• (b) is or is part of an agricultural holding,

• (c) is on, or pertains to—

• (i) a croft,

• (ii) the subject of a cottar, or

• (iii) the holding of a landholder or of a statutory small tenant,

• (d) is let on a long lease, or

• (e) is part of the tenancy land of a tenant-at-will.

• (9) In subsection (8)—

• “agricultural holding” has the same meaning as in section 1 of the Agricultural Holdings (Scotland) Act 1991 (c. 55),

• “cottar” has the same meaning as in section 12(5) of the Crofters (Scotland) Act 1993 (c. 44),

• “croft” has the same meaning as in that Act of 1993,

• “holding”, in relation to a landholder and a statutory small tenant, “landholder” and “statutory small tenant” have the same meanings respectively as in sections 2(1), 2(2) and 32(1) of the Small Landholders (Scotland) Act 1911 (c. 49),

• “long lease” has the same meaning as in section 9(2) of the Land Registration etc. (Scotland) Act 2012 (asp 5), and

• “tenant-at-will” has the same meaning as in section 20(8) of that Act of 1979.

• (10) Where both civil partners are joint or common tenants of a family home, the court may, on the application of one of the civil partners, make an order vesting the tenancy in that civil partner solely and providing, subject to subsection (12), for the payment by the applicant to the other partner of such compensation as seems just and reasonable in the circumstances of the case.

• (11) Subsections (2) to (9) apply for the purposes of an order under subsection (10) as they apply for the purposes of an order under subsection (1) but subject to the following modifications—

• (a) in subsection (3), for “tenant” there is substituted “ sole tenant ”;

• (b) in subsection (4), for “non-entitled” there is substituted “ applicant ”;

• (c) in subsection (5), for “non-entitled” there is substituted “ applicant ”,

• (d) in subsection (6), for “liability of the original entitled partner” there is substituted “ joint and several liability of both partners ”;

• (e) in subsection (8)—

• (i) for “a non-entitled” there is substituted “ an applicant ”,

• (ii) for paragraph (a) there is substituted—

(a) is let to both partners by their employer as an incident of employment, and the lease is subject to a requirement that both partners must reside there;

, and

• (iii) paragraphs (c) and (e) are omitted.

• (12) Where the family home is a Scottish secure tenancy within the meaning of the Housing (Scotland) Act 2001 (asp 10), no account is to be taken, in assessing the amount of any compensation to be awarded under subsection (1) or (10), of the loss, by virtue of the transfer of the tenancy of the home, of a right to purchase the home under Part 3 of the Housing (Scotland) Act 1987 (c. 26).

Chapter 4 — Interdicts

Civil partners: competency of interdict

113

• (1) It shall not be incompetent for the Court of Session or the sheriff to entertain an application by one civil partner in a civil partnership for a relevant interdict by reason only that the civil partners are living together in civil partnership.

• (2) In subsection (1) . . . , “relevant interdict” means an interdict, including an interim interdict, which—

• (a) restrains or prohibits any conduct of one civil partner towards the other civil partner or a child of the family, or

• (b) subject to subsection (3), prohibits a civil partner from entering or remaining in—

• (i) a family home,

• (ii) any other residence occupied by the applicant civil partner,

• (iii) any place of work of the applicant civil partner,

• (iv) any school attended by a child in the permanent or temporary care of the applicant civil partner

• (3) Subsection (4) applies if in relation to a family home the non-applicant civil partner—

• (a) is an entitled partner, or

• (b) has occupancy rights.

• (4) Except where subsection (5) applies, the court may not grant a relevant interdict prohibiting the non-applicant civil partner from entering or remaining in the family home.

• (5) This subsection applies if—

• (a) the interdict is ancillary to an exclusion order, or

• (b) by virtue of section 101(4), the court refuses leave to exercise occupancy rights.

• (6) In this section . . . , “applicant civil partner” means the civil partner who has applied for the interdict; and “non-applicant civil partner” is to be construed accordingly.

Attachment of powers of arrest to relevant interdicts

114

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Police powers after arrest

115

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Procedure after arrest

116

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Chapter 5 — Dissolution, separation and nullity

Dissolution and separation

Dissolution

117

• (1) An action for the dissolution of a civil partnership may be brought in the Court of Session or in the sheriff court.

• (2) In such an action the court may grant decree, if, but only if, it is established that—

• (a) the civil partnership has broken down irretrievably, or

• (b) subject to subsection (3A), an interim gender recognition certificate under the Gender Recognition Act 2004 (c. 7) has, after the date of registration of the civil partnership, been issued to either of the civil partners.

• (3) The irretrievable breakdown of a civil partnership is taken to be established if—

• (a) since the date of registration of the civil partnership the defender has at any time behaved (whether or not as a result of mental abnormality and whether such behaviour has been active or passive) in such a way that the pursuer cannot reasonably be expected to cohabit with the defender,

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

• (c) there has been no cohabitation between the civil partners at any time during a continuous period of one year after the date of registration of the civil partnership and immediately preceding the bringing of the action and the defender consents to the granting of decree of dissolution of the civil partnership, or

• (d) there has been no cohabitation between the civil partners at any time during a continuous period of two years after that date and immediately preceding the bringing of the action.

• (3A) Subsection (2)(b)—

• (a) does not apply where, under the Gender Recognition Act 2004, a Gender Recognition Panel issues a full gender recognition certificate to the person to whom the interim gender recognition certificate was issued, but

• (b) continues to apply despite a full gender recognition certificate being issued to that person by the sheriff under section 4E of that Act.

• (4) Provision is to be made by act of sederunt—

• (a) for the purpose of ensuring that, in an action to which paragraph (c) of subsection (3) relates, the defender has been given such information as enables that civil partner to understand—

• (i) the consequences of consenting to the granting of decree, and

• (ii) the steps which must be taken to indicate such consent, and

• (b) as to the manner in which the defender in such an action is to indicate such consent, and any withdrawal of such consent,

and where the defender has indicated (and not withdrawn) such consent in the prescribed manner, that indication is sufficient evidence of such consent.

• (5) Provision is to be made by act of sederunt for the purpose of ensuring that, where in an action for the dissolution of a civil partnership the defender is suffering from mental illness, the court appoints a curator ad litem to the defender.

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (8) In an action for dissolution of a civil partnership the standard of proof required to establish the ground of action is on balance of probability.

Encouragement of reconciliation

118

• (1) At any time before granting decree in an action by virtue of paragraph (a) of section 117(2) for dissolution of a civil partnership, if it appears to the court that there is a reasonable prospect of a reconciliation between the civil partners it must continue, or further continue, the action for such period as it thinks proper to enable attempts to be made to effect such a reconciliation.

• (2) If during any such continuation the civil partners cohabit with one another, no account is to be taken of such cohabitation for the purposes of that action.

Effect of resumption of cohabitation

119

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) In considering whether any period mentioned in paragraph . . . , (c) or (d) of section 117(3) has been continuous, no account is to be taken of any period or periods not exceeding 6 months in all during which the civil partners cohabited with one another; but no such period or periods during which the civil partners cohabited with one another is to count as part of the period of non-cohabitation required by any of those paragraphs.

Separation

120

• (1) An action for the separation of the civil partners in a civil partnership may be brought in the Court of Session or in the sheriff court.

• (2) In such an action the court may grant decree if satisfied that the circumstances set out in any of paragraphs (a) to (d) of section 117(3) are established.

Dissolution following on decree of separation

121

• (1) The court may grant decree in an action for the dissolution of a civil partnership even though decree of separation has previously been granted to the pursuer on the same, or substantially the same, facts as those averred in support of that action; and in any such action the court may treat an extract decree of separation lodged in process as sufficient proof of the facts under which that decree was granted.

• (2) Nothing in this section entitles a court to grant decree of dissolution of a civil partnership without receiving evidence from the pursuer.

Registration of dissolution of civil partnership

122

• (1) The Registrar General is to maintain at the General Register Office a register of decrees of dissolution and of declarator of nullity of civil partnership (a register which shall be known as the “Register of Dissolutions of Civil Partnership”).

• (2) The Registrar General is to cause to be made and kept at the General Register Office an alphabetical index of the entries in that register.

• (3) The register is to be in such form as may be prescribed.

• (4) On payment to him of such fee or fees as may be prescribed, the Registrar General must, at any time when the General Register Office is open for that purpose—

• (a) cause a search of the index to be made on behalf of any person or permit any person to search the index himself,

• (b) issue to any person an extract of any entry in the register which that person may require.

• (5) An extract of any entry in the register is to be sufficient evidence of the decree of dissolution or, as the case may be, of the declarator of nullity of civil partnership to which it relates.

• (6) The Registrar General may—

• (a) delete,

• (b) amend, or

• (c) substitute another entry for,

any entry in the register.

• (7) Section 39C of the 1965 Act applies in relation to the Register of Dissolutions of Civil Partnership as it applies in relation to the Register of Divorces.

Nullity

Nullity

123

• (1) Where two people register in Scotland as civil partners of each other, the civil partnership is void if, and only if—

• (a) they were not eligible to do so, . . .

• (b) though they were so eligible, either of them did not . . . consent to its formation , or.

• (c) at the time of registration one of them who was capable of consenting to the formation of the civil partnership purported to give consent but did so by reason only of duress or error.

• (2) In this section “error” means—

• (a) error as to the nature of civil partnership, or

• (b) a mistaken belief held by a person (“A”) that the other person with whom A purported to register a civil partnership was the person with whom A had agreed to register a civil partnership.

Validity of civil partnerships registered outside Scotland

124

• (1) Where two people register as civil partners of each other in England and Wales—

• (a) the civil partnership is void if it would be void in England and Wales under section 49, and

• (b) the civil partnership is voidable if it would be voidable there under section 50(1)(a), (b), (c) or (e).

• (2) Where two people register as civil partners of each other in Northern Ireland, the civil partnership is—

• (a) void, if it would be void in Northern Ireland under section 173, and

• (b) voidable, if it would be voidable there under section 174(1)(a), (b), (c) or (e).

• (3) Subsection (4) applies where two people register as civil partners of each other under an Order in Council under—

• (a) section 210 (registration at British consulates etc.), or

• (b) section 211 (registration by armed forces personnel),

(“the relevant section”).

• (4) The civil partnership is—

• (a) void, if—

• (i) the condition in subsection (2)(a) or (b) of the relevant section is not met, or

• (ii) a requirement prescribed for the purposes of this paragraph by an Order in Council under the relevant section is not complied with, and

• (b) voidable, if—

• (i) the appropriate part of the United Kingdom is England and Wales and the circumstances fall within section 50(1)(a), (b), (c) or (e), or

• (ii) the appropriate part of the United Kingdom is Northern Ireland and the circumstances fall within section 174(1)(a), (b), (c) or (e).

• (5) The appropriate part of the United Kingdom is the part by reference to which the condition in subsection (2)(b) of the relevant section is met.

• (6) Subsections (7) and (8) apply where two people have registered an apparent or alleged overseas relationship.

• (7) The civil partnership is void if—

• (a) the relationship is not an overseas relationship, or

• (b) (even though the relationship is an overseas relationship), the parties are not treated under Chapter 2 of Part 5 as having formed a civil partnership.

• (8) The civil partnership is voidable if—

• (a) the overseas relationship is voidable under the relevant law,

• (b) where either of the parties was domiciled in England and Wales at the time when the overseas relationship was registered, the circumstances fall within section 50(1)(a), (b), (c) or (e), or

• (c) where either of the parties was domiciled in Northern Ireland at the time when the overseas relationship was registered, the circumstances fall within section 174(1)(a), (b), (c) or (e).

• (9) Section 51 or (as the case may be) section 175 applies for the purposes of—

• (a) subsections (1)(b), (2)(b) and (4)(b),

• (b) subsection (8)(a), in so far as applicable in accordance with the relevant law, and

• (c) subsection (8)(b) and (c).

• (10) In subsections (8)(a) and (9)(b) “the relevant law” means the law of the country or territory where the overseas relationship was registered (including its rules of private international law).

• (11) For the purposes of subsections (8) and (9)(b) and (c), references in sections 50 and 51 or (as the case may be) sections 174 and 175 to the formation of the civil partnership are to be read as references to the registration of the overseas relationship.

Financial provision after overseas proceedings

Financial provision after overseas dissolution or annulment

125

Schedule 11 relates to applications for financial provision in Scotland after a civil partnership has been dissolved or annulled in a country or territory outside the British Islands.

Chapter 6 — Miscellaneous and interpretation

Miscellaneous

Regulations

126

• (1) In this Chapter and in Chapters 2 (except in section 88F) and 5, “prescribed” means prescribed by regulations made by the Registrar General.

• (2) Regulations so made may make provision (including provision as to fees) supplementing, in respect of the provision of services by or on behalf of the Registrar General or by local registration authorities (as defined by section 5(3) of the 1965 Act), the provisions of Chapter 2 of this Part.

• (3) Any power to make regulations under subsection (1) or (2) is exercisable by statutory instrument; and no such regulations are to be made except with the approval of the Scottish Ministers.

• (4) A statutory instrument containing regulations under subsection (1) or (2), or regulations under section 94A(1)(a)(i) , (2A)(a)(i) or (5), 94B(3), 94E(4) , 106(3)(a)(i) or 121A(7), is subject to annulment in pursuance of a resolution of the Scottish Parliament.

Attachment

127

Where an attachment has been executed of furniture and plenishings of which the debtor’s civil partner has the possession or use by virtue of an order under section 103(3) or (4), the sheriff, on the application of that civil partner made within 40 days after the execution of the attachment, may—

• (a) declare the attachment null, or

• (b) make such order as he thinks appropriate to protect such possession or use by that civil partner,

if satisfied that the purpose of the attachment was wholly or mainly to prevent such possession or use.

Promise or agreement to enter into civil partnership

128

No promise or agreement to enter into civil partnership creates any rights or obligations under the law of Scotland; and no action for breach of such a promise or agreement may be brought in any court in Scotland, whatever the law applicable to the promise or agreement.

Lord Advocate as party to action for nullity or dissolution of civil partnership

129

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Civil partner of accused a competent witness

130

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Succession: legal rights arising by virtue of civil partnership

131

• (1) Where a person dies survived by a civil partner then, unless the circumstance is as mentioned in subsection (2), the civil partner has right to half of the moveable net estate belonging to the deceased at the time of death.

• (2) That circumstance is that the person is also survived by issue, in which case the civil partner has right to a third of that moveable net estate and those issue have right to another third of it.

• (3) In this section—

• “issue” means issue however remote, and

• “net estate” has the meaning given by section 36(1) (interpretation) of the Succession (Scotland) Act 1964 (c. 41).

• (4) Every testamentary disposition executed after the commencement of this section by which provision is made in favour of the civil partner of the testator and which does not contain a declaration to the effect that the provision so made is in full and final satisfaction of the right to any share in the testator’s estate to which the civil partner is entitled by virtue of subsection (1) or (2), has effect (unless the disposition contains an express provision to the contrary) as if it contained such a declaration.

• (5) In section 36(1) of the Succession (Scotland) Act 1964 (c. 41), in the definition of “legal rights”, for “and legitim” substitute “ legitim and rights under section 131 of the Civil Partnership Act 2004 ”.

Assurance policies

132

Section 2 of the Married Women’s Policies of Assurance (Scotland) Act 1880 (c. 26) (which provides that a policy of assurance may be effected in trust for a person’s spouse, children or spouse and children) applies in relation to a policy of assurance—

• (a) effected by a civil partner (in this section referred to as “A”) on A’s own life, and

• (b) expressed upon the face of it to be for the benefit of A’s civil partner, or of A’s children, or of A’s civil partner and children,

as it applies in relation to a policy of assurance effected as, and expressed upon the face of it to be for such benefit as, is mentioned in that section.

Council Tax: liability of civil partners

133

After section 77 of the Local Government Finance Act 1992 (c. 14), insert—

(77A) (1) Where— (a) a person who is liable to pay council tax in respect of any chargeable dwelling and any day is in civil partnership with another person or living with another person in a relationship which has the characteristics of the relationship between civil partners; and (b) that other person is also a resident of the dwelling on that day but would not, apart from this section, be so liable, those persons shall be jointly and severally liable to pay the council tax payable in respect of that dwelling and that day. (2) Subsection (1) above shall not apply as respects any day on which the other person there mentioned falls to be disregarded for the purposes of discount— (a) by virtue of paragraph 2 of Schedule 1 to this Act (the severely mentally impaired); or (b) being a student, by virtue of paragraph 4 of that Schedule.

General provisions as to fees

134

• (1) Subject to such exceptions as may be prescribed, a district registrar may refuse to comply with any application voluntarily made to him under this Part until the appropriate fee, if any, provided for by or under this Part is paid to him; and any such fee, if not prepaid, is recoverable by the registrar to whom it is payable.

• (2) Circumstances, of hardship or otherwise, may be prescribed in which fees provided for by or under this Part may be remitted by the Registrar General.

Interpretation

Interpretation of this Part

135

• (1) In this Part, unless the context otherwise requires—

• “the 1965 Act” means the Registration of Births, Deaths and Marriages (Scotland) Act 1965 (c. 49);

• “2014 Act” means the Immigration Act 2014;

• “approved celebrant” has the meaning given by section 94A(4)(a);

• “authorised registrar” has the meaning given by section 87;

• “caravan” means a caravan which is mobile or affixed to land;

• “child of the family” has the meaning given by section 101(7);

• “civil partnership book” has the meaning given by section 89;

• “civil partnership schedule” has the meaning given by section 94;

• “civil registration” has the meaning given by section 94A(4)(c);

• “civil partnership register” has the meaning given by section 95(2);

• “the court” means the Court of Session or the sheriff;

• “district” means a registration district as defined by section 5(1) of the 1965 Act;

• “district registrar” has the meaning given by section 7(12) of the 1965 Act;

• “entitled partner” and “non-entitled partner”, subject to sections 106(2) and 111(2), have the meanings respectively assigned to them by section 101(1);

• “exclusion order” has the meaning given by section 104(1);

• “family” has the meaning given by section 101(7);

• “family home” means , subject to subsection (2), any house, caravan, houseboat or other structure which has been provided or has been made available by one or both of the civil partners as, or has become, a family residence and includes any garden or other ground or building . . . usually occupied with, or otherwise required for the amenity or convenience of, the house, caravan, houseboat or other structure but does not include a residence provided or made available by a person for one civil partner to reside in, whether with any child of the family or not, separately from the other civil partner;

• “furniture and plenishings” means any article situated in a family home of civil partners which—is owned or hired by either civil partner or is being acquired by either civil partner under a hire-purchase agreement or conditional sale agreement, andis reasonably necessary to enable the home to be used as a family residence,but does not include any vehicle, caravan or houseboat or such other structure as is mentioned in the definition of “family home”;

• “notice of proposed civil partnership” has the meaning given by section 88(1);

• “occupancy rights” means the rights conferred by section 101(1);

• “Registrar General” means the Registrar General of Births, Deaths and Marriages for Scotland;

• “registration office” means a registration office provided under section 8(1) of the 1965 Act;

• “relevant national” has the same meaning as in section 30A;

• “religious or belief body” means an organised group of people— which meets regularly for religious worship, orthe principal object (or one of the principal objects) of which is to uphold or promote philosophical beliefs and which meets regularly for that purpose;

• “religious or belief civil partnership” has the meaning given by section 94A(4)(b);

• “tenant” includes—a sub-tenant,a statutory tenant as defined in section 3 of the Rent (Scotland) Act 1984 (c. 58), anda statutory assured tenant as defined in section 16(1) of the Housing (Scotland) Act 1988 (c. 43),and “tenancy” is to be construed accordingly.

• (2) If—

• (a) the tenancy of a family home is transferred from one civil partner to the other by agreement or under any enactment, and

• (b) following the transfer, the civil partner to whom the tenancy was transferred occupies the home but the other civil partner does not,

the home shall, on such transfer, cease to be a family home.

The expression “relative” in the 1965 Act

136

In section 56(1) of the 1965 Act (interpretation), in the definition of “relative”, at the end insert “ , a civil partner and anyone related to the civil partner of the person as regards whom the expression is being construed ”.

Part 4 — Civil partnership: Northern Ireland

Chapter 1 — Registration

Formation and eligibility

Formation of civil partnership by registration

137

• (1) For the purposes of section 1, two people are to be regarded as having registered as civil partners of each other once each of them has signed the civil partnership schedule in the presence of—

• (a) each other,

• (b) two witnesses both of whom profess to be 16 or over, and

• (c) the registrar.

• (2) Subsection (1) applies regardless of whether subsections (3) and (4) are complied with.

• (3) After the civil partnership schedule has been signed under subsection (1), it must also be signed, in the presence of the civil partners and each other, by—

• (a) each of the two witnesses, and

• (b) the registrar.

• (4) After the witnesses and the registrar have signed the civil partnership schedule, the registrar must cause the registration of the civil partnership to be recorded as soon as practicable.

• (5) No religious service is to be used while the registrar is officiating at the signing of a civil partnership schedule.

Eligibility

138

• (1) Two people are not eligible to register as civil partners of each other if—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) either of them is already a civil partner or lawfully married,

• (c) either of them is under 16,

• (d) they are within prohibited degrees of relationship, or

• (e) either of them is incapable of understanding the nature of civil partnership.

• (2) Schedule 12 contains provisions for determining when two people are within prohibited degrees of relationship.

Preliminaries to registration

Notice of proposed civil partnership

139

• (1) For two people to register as civil partners of each other under this Chapter, each of them must give the registrar a notice of proposed civil partnership (a “civil partnership notice”).

• (2) A civil partnership notice must be—

• (a) in the prescribed form, and

• (b) accompanied by the prescribed fee and such documents and other information as may be prescribed.

• (3) In prescribed cases a civil partnership notice must be given to the registrar by each party in person.

Civil partnership notice book and list of intended civil partnerships

140

• (1) The registrar must keep a record of—

• (a) such particulars as may be prescribed, taken from each civil partnership notice received by him, and

• (b) the date on which each civil partnership notice is received by him.

• (2) In this Chapter “civil partnership notice book” means the record kept under subsection (1).

• (2A) But the registrar must not enter the particulars relating to the civil partnership in the civil partnership notice book in a case where any of the requirements imposed by or under any of the following provisions of this Act is applicable but not complied with—

• (a) section 139A(2) to (7);

• (b) section 139B(3) or (5);

• (c) section 141 so far as that requirement relates to evidence of nationality;

• (d) paragraph 13 of Schedule 23.

• (2B) Where the registrar may not enter the particulars relating to the civil partnership notice book as mentioned in subsection (2A) the parties are to be taken not to have given notice under section 139.

• (3) The registrar must, in accordance with any guidance issued by the Registrar General, place on public display a list containing in relation to each proposed civil partnership in respect of which the registrar has received a civil partnership notice—

• (a) the names of the proposed civil partners, and

• (b) the date on which it is intended to register them as civil partners of each other.

• (4) As soon as practicable after the date mentioned in subsection (3) the registrar must remove from the list the names and the date mentioned in that subsection.

• (5) Any person claiming that he may have reason to make an objection to a proposed civil partnership may inspect any entry relating to the civil partnership in the civil partnership notice book without charge.

Power to require evidence of name etc.

141

• (1) A registrar to whom a civil partnership notice is given may require the person giving it to provide him with specified evidence relating to each proposed civil partner.

• (2) Such a requirement may be imposed at any time before the registrar issues the civil partnership schedule under section 143.

• (3) “Specified evidence”, in relation to a person, means such evidence as may be specified in guidance issued by the Registrar General—

• (a) of the person’s name and surname,

• (b) of the person’s age,

• (c) as to whether the person is or has been a civil partner or lawfully married, and

• (d) of the person’s nationality.

Objections

142

• (1) Any person may at any time before the formation of a civil partnership in Northern Ireland make an objection in writing to the registrar.

• (2) An objection on the ground that one of the proposed civil partners is incapable of understanding the nature of civil partnership must be accompanied by a supporting certificate signed by a medical practitioner.

• (3) If the registrar is satisfied that the objection relates to no more than a misdescription or inaccuracy in the civil partnership notice, he must—

• (a) notify the proposed civil partners,

• (b) make such inquiries as he thinks fit, and

• (c) subject to the approval of the Registrar General, make any necessary correction to any document relating to the proposed civil partnership.

• (4) In any other case the registrar must notify the Registrar General of the objection.

• (5) If the Registrar General is satisfied that there is a legal impediment to the formation of the civil partnership, he must direct the registrar to—

• (a) notify the parties, and

• (b) take all reasonable steps to ensure that the formation of the civil partnership does not take place.

• (6) If subsection (5) does not apply, the Registrar General must direct the registrar to proceed under section 143.

• (7) For the purposes of this section and section 143 there is a legal impediment to the formation of a civil partnership where the proposed civil partners are not eligible to be registered as civil partners of each other.

• (8) A person who has submitted an objection may withdraw it at any time, but the Registrar General may have regard to an objection which has been withdrawn.

Civil partnership schedule

143

After the registrar receives a civil partnership notice from each of the proposed civil partners, he must complete a civil partnership schedule in the prescribed form, if—

• (a) he is satisfied that there is no legal impediment to the formation of the civil partnership, or

• (b) the Registrar General has directed him under section 142(6) to proceed under this section.

Place of registration

144

• (1) The place at which two people may register as civil partners of each other must be—

• (a) a registration office, or

• (b) a place approved under subsection (3).

• (2) Subsection (1) is subject to subsections (5) and (7).

• (3) A local registration authority may, in accordance with regulations under subsection (4), approve places where civil partnerships may be registered in its district.

• (4) Regulations under section 159 may make provision for or in connection with the approval of places under subsection (3), including provision as to—

• (a) the kinds of place in respect of which approvals may be granted,

• (b) the procedure to be followed in relation to applications for approval,

• (c) the considerations to be taken into account in determining whether to approve any places,

• (d) the duration and renewal of approvals (whether for one occasion or for a period),

• (e) the conditions that must or may be imposed on granting or renewing an approval,

• (f) the determination and charging of fees in respect of[en rule]

• (i) applications for the approval of places,

• (ii) the renewal of approvals, and

• (iii) the attendance by registrars at places approved under the regulations,

• (g) the circumstances in which a local registration authority must or may revoke or suspend an approval or vary any of the conditions imposed in relation to an approval,

• (h) the renewal of decisions made by virtue of the regulations,

• (i) appeals to a county court from decisions made by virtue of the regulations,

• (j) the notification to the Registrar General of all approvals granted, renewed, revoked, suspended or varied,

• (k) the notification to the registrar for the district in which a place approved under the regulations is situated of all approvals relating to such a place which are granted, renewed, revoked, suspended or varied,

• (l) the keeping by the Registrar General, registrars and local registration authorities of registers of places approved under the regulations, and

• (m) the issue by the Registrar General of guidance supplementing the provision made by the regulations.

• (5) If either of the parties to a proposed civil partnership gives the registrar a medical statement, the civil partnership may, with the approval of the Registrar General, be registered at any place where that party is.

• (6) In subsection (5) “medical statement”, in relation to any person, means a statement made in the prescribed form by a registered medical practitioner that in his opinion at the time the statement is made—

• (a) by reason of serious illness or serious bodily injury, that person ought not to move or be moved from the place where he is at that time, and

• (b) it is likely that it will be the case for at least the following 3 months that by reason of illness or disability the person ought not to move or be moved from that place.

• (7) If the Registrar General so directs, a registrar must register a civil partnership in a place specified in the direction.

Young persons

Parental etc. consent where proposed civil partner under 18

145

• (1) The consent of the appropriate persons is required before a young person and another person may register as civil partners of each other.

• (2) Schedule 13 contains provisions—

• (a) for determining who are the appropriate persons for the purposes of this section (see Part 1 of the Schedule);

• (b) for orders dispensing with consent and for recording consents and orders (see Parts 2 and 3 of the Schedule).

• (3) Each consent required by subsection (1) must be—

• (a) in the prescribed form; and

• (b) produced to the registrar before the issue of the civil partnership schedule.

• (4) Nothing in this section affects any need to obtain the consent of the High Court before a ward of court and another person may register as civil partners of each other.

• (5) In this section and Schedule 13 “young person” means a person who is under 18.

Supplementary

Validity of registration

146

• (1) This section applies to any legal proceedings commenced at any time after the registration of a civil partnership is recorded under section 137.

• (2) The validity of the civil partnership must not be questioned in any such proceedings on the ground of any contravention of a provision of, or made under, this Act.

Corrections and cancellations

147

• (1) Regulations under section 159 may make provision for the making of corrections by the Registrar General or any registrar.

• (2) The Registrar General must cancel the registration of a void civil partnership or direct the registrar to do so.

• (3) Subsection (4) applies in relation to a civil partnership formed in Northern Ireland before, on or after 13th January 2020 where, before the civil partnership is formed, a full gender recognition certificate has been issued under the Gender Recognition Act 2004 to either or each of the parties.

• (4) The Registrar General, after consulting the parties, may—

• (a) modify, or direct a registrar to modify, the recorded status of either or both of the parties in the registration of the civil partnership, or

• (b) direct a registrar to modify the way in which the status of either or both of the parties is to be recorded when registering the civil partnership,

for the purpose of reducing the risk that the recorded status of the parties in the registration of the civil partnership will disclose the issue of the gender recognition certificate or either of the certificates.

Interpreters

148

• (1) If the registrar considers it necessary or desirable, he may use the services of an interpreter (not being one of the civil partners or a witness).

• (2) The interpreter must—

• (a) before the registration of the civil partnership, sign a statement in English that he understands, and is able to converse in, any language in respect of which he is to act as an interpreter, and

• (b) immediately after the registration of the civil partnership, give the registrar a certificate written in English and signed by the interpreter that he has faithfully acted as the interpreter.

Detained persons

149

• (1) If—

• (a) one of the parties to a proposed civil partnership is detained in a prison or as a patient in a hospital, and

• (b) the civil partnership is to be registered in that prison or hospital,

the civil partnership notice given by that party must be accompanied by a statement to which subsection (2) applies.

• (2) This subsection applies to a statement which—

• (a) is made in the prescribed form by the responsible authority not more than 21 days before the date on which the civil partnership notice is given,

• (b) identifies the establishment where the person is detained, and

• (c) states that the responsible authority has no objection to that establishment being the place of registration for that civil partnership.

• (3) In subsection (2) “responsible authority” means—

• (a) if the person named in the statement is detained in a prison, the governor or other officer in charge of that prison;

• (b) if the person named in the statement is detained in a hospital or special accommodation, the Health and Social Care trust administering that hospital or the Department of Health, Social Services and Public Safety, respectively;

• (c) if the person named in the statement is detained in a private hospital, the person in charge of that hospital.

• (4) After the registrar receives a civil partnership notice accompanied by a statement to which subsection (2) applies, he must notify the Registrar General and not complete a civil partnership schedule unless the Registrar General directs him to proceed under section 143.

• (5) In this section—

• (a) “prison” includes a remand centre and a young offenders centre, and

• (b) “hospital”, “patient”, “private hospital” and “special accommodation” have the same meaning as in the Mental Health (Northern Ireland) Order 1986 (S.I. 1986/595 (N.I. 4)).

Certificates of no impediment for Part 2 purposes

150

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

Registration districts and registration authorities

151

• (1) Each local government district shall be a registration district and the district council shall be the local registration authority for the purposes of this Part.

• (2) A district council shall, in the exercise of functions conferred on it as a local registration authority—

• (a) act as agent for the Department of Finance and Personnel, and

• (b) act in accordance with such directions as that Department may give to the council.

• (3) Any expenditure to be incurred by the district council in the exercise of functions conferred on it as a local registration authority shall be subject to the approval of the Registrar General.

• (4) The Department of Finance and Personnel shall retain or, as the case may be, defray in respect of each financial year the amount of the difference between—

• (a) the aggregate of the amounts of salaries, pension provision and other expenses payable by virtue of this Part in respect of any registration district, and

• (b) the aggregate of the amounts received in that registration district under any statutory provision or otherwise by way of fees or other expenses.

Registrars and other staff

152

• (1) A local registration authority shall, with the approval of the Registrar General, appoint—

• (a) a registrar of civil partnerships, and

• (b) one or more deputy registrars of civil partnerships.

• (2) A person holding an appointment under subsection (1) may with the approval of, and shall at the direction of, the Registrar General be removed from his office of registrar or deputy registrar by the local registration authority.

• (3) A local registration authority shall, at the direction of the Registrar General, appoint additional persons to register civil partnerships and carry out other functions for the purposes of this Part.

• (4) A person shall not be appointed under subsection (1) or (3) if he is under the age of 21.

• (5) Regulations under section 159 may confer additional functions on a person holding an appointment under subsection (1).

• (6) A person holding an appointment under subsection (1) shall, in exercising his functions under this Part or any other statutory provision, be subject to such instructions or directions as the Registrar General may give.

Records and documents to be sent to Registrar General

153

If the Registrar General directs him to do so, a person must send to the Registrar General any record or document relating to civil partnerships in accordance with the Registrar General’s directions.

Annual report

154

• (1) The Registrar General must send to the Department of Finance and Personnel an annual report of the number of civil partnerships registered during each year, together with such other information as he considers it appropriate to include.

• (2) The Department of Finance and Personnel must lay the report before the Northern Ireland Assembly.

Searches

155

• (1) The Registrar General must provide indexes to civil partnership registration records in his custody for inspection by the public.

• (2) A registrar must provide indexes to civil partnership registration records in his custody for inspection by the public.

• (3) Any person may, on payment of the prescribed fee—

• (a) search any index mentioned in subsection (1) or (2), and

• (b) require the Registrar General or, as the case may be, the registrar to give him a document in the prescribed form relating to the registration of a civil partnership.

• (4) The Registrar General must cause any document given by him under this section or section 156 to be stamped with the seal of the General Register Office.

• (5) Judicial notice shall be taken of any document so stamped.

• (6) Regulations under section 159 may make provision for any person to have access, on payment of the prescribed fee, to any information contained in any civil partnership registration records.

• (7) Regulations under section 159 may provide that the relevant period must have expired in relation to the information.

• (8) In subsection (7) “the relevant period” in relation to a civil partnership means the period of 75 years from the date on which the civil partnership was registered or such other period as may be prescribed.

• (9) Regulations under section 159 may provide for the Registrar General—

• (a) to make arrangements with any person for the purpose of providing access to information as mentioned in subsection (6); and

• (b) for that purpose to transfer information to that person subject to conditions (including conditions as to the making of payments by that person to the Registrar General).

Proof of civil partnership for purposes of certain statutory provisions

156

• (1) Where the civil partnership of a person is required to be proved for the purposes of any prescribed statutory provision, any person—

• (a) on application to the Registrar General, and

• (b) on payment of the prescribed fee,

is entitled to a document in the prescribed form relating to the registration of the civil partnership of that person.

• (2) An application under subsection (1) must be in such form and accompanied by such particulars as the Registrar General may require.

• (3) The Registrar General or any registrar may, on payment of the prescribed fee, issue such information (including a document as mentioned in subsection (1)) as may be required for the purposes of any prescribed statutory provision.

Fees

157

• (1) The Department of Finance and Personnel may by order prescribe—

• (a) any fee which is required to be prescribed for the purposes of this Chapter;

• (b) fees for such other matters as that Department considers necessary or expedient for the purposes of this Chapter.

• (2) The power to make an order under subsection (1) is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).

• (3) An order under subsection (1) may only be made if a draft has been laid before and approved by resolution of the Northern Ireland Assembly.

Offences

158

• (1) Any registrar who signs a civil partnership schedule in the absence of the civil partners is guilty of an offence.

• (2) Any person who is not a registrar but officiates at the signing of a civil partnership schedule in such a way as to lead the civil partners to believe that he is a registrar is guilty of an offence.

• (3) A person who is guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding 6 months or to both.

• (4) Notwithstanding anything in Article 19(1) of the Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)) (limitation of time for taking proceedings), proceedings for an offence under this section may be instituted at any time within 3 years after the commission of the offence.

Regulations

159

• (1) The Department of Finance and Personnel may by regulations make such provision as appears to it necessary or expedient for the registration of civil partnerships in Northern Ireland.

• (2) The power to make regulations under subsection (1) is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).

• (3) Regulations under subsection (1) shall be subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 (1954 c. 33 (N.I.))).

Interpretation

160

In this Chapter—

• “2014 Act” means the Immigration Act 2014;

• “civil partnership notice” means a notice of proposed civil partnership under section 139;

• “civil partnership notice book” has the meaning given by section 140;

• “prescribed”, except in relation to a fee, means prescribed by regulations under section 159 and, in relation to a fee, means prescribed by order under section 157;

• “registrar” means such person appointed under section 152(1)(a) or (b) or (3) as may be prescribed;

• “Registrar General” means the Registrar General for Northern Ireland;

• “relevant national” has the same meaning as in section 30A;

• “statutory provision” has the meaning given by section 1(f) of the Interpretation Act (Northern Ireland) 1954 (1954 c. 33 (N.I.)).

Chapter 2 — Dissolution, nullity and other proceedings

Introduction

Powers to make orders and effect of orders

161

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

• (d) make an order (a “separation order”) which provides for the separation of the civil partners.

• (2) Every dissolution order or nullity 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 162);

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 “the court” has the meaning given by section 188.

• (5) This Chapter is subject to section 219 and sections 228 to 232 (jurisdiction of the court).

The period before conditional orders may be made final

162

• (1) Subject to subsection (2), the prescribed period for the purposes of section 161(2)(b) is 6 weeks from the making of the conditional order.

• (2) In a particular case the court dealing with the case may by order shorten the prescribed period.

Intervention by the Crown Solicitor

163

• (1) This section applies if an application has been made for a dissolution order or nullity order.

• (2) The court may, if it thinks fit, direct that all necessary papers in the matter are to be sent to the Crown Solicitor 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 Crown Solicitor on any matter material to the due decision of the case, the Crown Solicitor may take such steps as the Attorney General considers necessary or expedient.

• (4) If the Crown Solicitor 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 Crown Solicitor of any costs incurred by any of those parties because of his doing so.

• (5) In this Chapter—

• “the Attorney General” means the Attorney General for Northern Ireland; and

• “the Crown Solicitor” means the Crown Solicitor for Northern Ireland.

Proceedings before order has been made final

164

• (1) This section applies if—

• (a) a conditional order has been made, and

• (b) the Crown Solicitor, 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 161(2) (period before conditional orders may be made final), but

• (b) is subject to section 172(4) (protection for respondent in separation cases) and section 186 (restrictions on making of orders affecting children).

Time bar on applications for dissolution orders

165

• (1) No application for a dissolution order may be made to the court before the end of the period of 2 years 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 2 year period.

Attempts at reconciliation of civil partners

166

• (1) This section applies in relation to cases where an application is made for a dissolution or separation order.

• (2) 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.

• (3) If during any such adjournment the parties resume living with each other in the same household, no account is to be taken of the fact for the purposes of the proceedings.

• (4) The power to adjourn under subsection (2) is additional to any other power of adjournment.

Consideration by the court of certain agreements or arrangements

167

• (1) This section applies 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, on application made either before or after the making of the application for a dissolution or separation order, 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.

Dissolution of civil partnership

Dissolution of civil partnership which has broken down irretrievably

168

• (1) Subject to section 165, 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.

• (6) The court must not make a dissolution order without considering the oral testimony of the applicant unless for special reasons it orders that such testimony be dispensed with.

Supplemental provisions as to facts raising presumption of breakdown

169

• (1) Subsection (2) applies if—

• (a) in any proceedings for a dissolution order the applicant alleges, in reliance on section 168(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.