The Civil Partnership (Registration Provisions) Regulations 2005

Made: 15th November 2005

Coming into force: 5th December 2005

The Registrar General, in exercise of powers conferred upon her by sections 2(4), 8(2), 12(2) and (3)(a), 14(2), 18(4), 19(5), 21(2), 25(5), 36(1), 36(2)(a) to (d) and (f), 36(3) of, and paragraph 5(3) of Schedule 1 to, the Civil Partnership Act 2004,[^f00001] with the approval of the Chancellor of the Exchequer, makes the following Regulations:

Citation and commencement

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

Interpretation

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

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

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

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

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

• (a) any reference to a numbered regulation or Schedule is a reference to the regulation or Schedule bearing that number in these Regulations;

• (b) any reference in a regulation to a numbered paragraph is a reference to the paragraph in that regulation bearing that number; and

• (c) any reference to a numbered form is to the form bearing that number in Schedule 1 to these Regulations and any reference to a numbered space on a form is to the space bearing that number on that form.

Forms of notice of proposed civil partnership

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

• (a) where notice of proposed civil partnership is given by a party who is not subject to immigration control and where both parties are aged 18 or over, form 1 if attested in England or form 1(w) if attested in Wales;

• (b) where notice of proposed civil partnership is given by a party who is not subject to immigration control and where either party is, or both parties are, aged under 18, form 2 if attested in England or form 2 (w) if attested in Wales;

• (c) where notice of proposed civil partnership is given by a party who is subject to immigration control and where both parties are aged 18 or over, form 3 if attested in England or form 3 (w) if attested in Wales;

• (d) where notice of proposed civil partnership is given by a party who is subject to immigration control and where either party is, or both parties are, aged under 18, form 4 if attested in England or form 4(w) if attested in Wales;

• (e) where notice of proposed civil partnership is given under the special procedure, form 5 if attested in England or form 5 (w) if attested in Wales.

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

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

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

Declaration for proposed civil partnership of certain persons related by affinity

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

• (2) The declaration shall be signed in the space provided, by the person making it, in the presence of the authorised person[^f00002] who shall also sign the declaration in the space provided.

Issue of the civil partnership document by the registration authority

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

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

Applications to the Registrar General to shorten the waiting period

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• (1) This regulation applies to the making and granting of an application to the Registrar General to shorten the waiting period[^f00003] under section 12(1) of the 2004 Act (power to shorten the waiting period).

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

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

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

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

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

• (b) request the information from the applicant direct.

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

Shortening of the waiting period by the registration authority

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A registration authority may shorten the waiting period on behalf of the Registrar General if —

• (a) there has been an unavoidable delay in recording the notice of proposed civil partnership in accordance with section 8(5) of the 2004 Act; and

• (b) in consequence of that delay, the proposed civil partners will be unable to form a civil partnership on the date which had been agreed with the authorised person when the notice of proposed civil partnership was attested.

Contents of civil partnership document

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• (1) A registration authority issuing a civil partnership document[^f00004] must ensure that the document contains the information entered in accordance with paragraphs (2) to (4) of this regulation.

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

• (a) if a person has not previously formed a civil partnership or been married, it shall enter the word “Single”;

• (b) if a person’s previous civil partnership was ended by death, it shall enter the words “Surviving civil partner”;

• (c) if a person’s previous marriage was ended by death, it shall enter the word “Widower” or, as the case may be, “Widow”;

• (d) if a person’s previous civil partnership was ended by dissolution, it shall enter the words “Previous civil partnership dissolved”;

• (e) if a person’s previous marriage was ended by divorce, it shall enter the words “Previous marriage dissolved”;

• (f) if a person’s previous civil partnership was annulled on the ground that the civil partnership was voidable, it shall enter the words “Previous civil partnership annulled”;

• (g) if a person’s previous marriage was annulled on the ground that the marriage was voidable, it shall enter the words “Previous marriage annulled”;

• (h) if—

• (i) the parties have been through a form of civil partnership with each other,

• (ii) the civil partnership is not known to have been void,(iii) the civil partnership has been ended by dissolution, and

• (iv) neither party has since formed a civil partnership with or married a third party,

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

• (i) if—

• (i) the parties have been through a form of marriage with each other,

• (ii) the marriage is not known to have been void,

• (iii) the marriage has been ended by divorce, and

• (iv) neither party has since formed a civil partnership with or married a third party,

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

• (j) if—

• (i) the parties have been through a form of civil partnership with each other,

• (ii) the civil partnership is not known to have been void,

• (iii) the civil partnership has been ended by annulment, and

• (iv) neither party has since formed a civil partnership with or married a third party,

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

• (k) if—

• (i) the parties have been through a form of marriage with each other,

• (ii) the marriage is not known to have been void,

• (iii) the marriage has been ended by annulment, and

• (iv) neither party has since formed a civil partnership with or married a third party,

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

• (l) if—

• (i) the parties have been through a form of civil partnership with each other,

• (ii) the civil partnership is not known to have been void,

• (iii) neither party has since formed a civil partnership with or married a third party, and

• (iv) the second civil partnership is to be formed to avoid doubt as to the validity of the first civil partnership, it shall enter, across both columns of space 6, “Previously went through a form of civil partnership at . . . . on . . . . .”, inserting the particulars of the place and date of the previous civil partnership.

• (3) In space 9 of forms 9, 10, 9(w) or 10(W) , if—

• (a) the father of either party to the civil partnership is deceased, it shall enter the word “deceased” after the surname;

• (b) either party wishes to record a step-father’s name instead of the father’s name, it shall enter the word “step-father” after the surname, provided he is or has been married to the mother. (4) In space 10 of forms 9, 10, 9(w) or 10(W), if—

• (a) the mother of either party to the civil partnership is deceased, it shall enter the word “deceased” after the surname;

• (b) either party wishes to record a step-mother’s name instead of the mother’s name, it shall enter the word “step-mother” after the surname, provided she is or has been married to the father.

Verification and amendment of contents of civil partnership document at formation of civil partnership

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• (1) Before a civil partnership document is signed under section 2(1) of the 2004 Act (formation of civil partnership by registration), the civil partnership registrar shall confirm that the information entered in the document is complete and correct and shall amend it as necessary.

• (2) Any amendment of the information contained in spaces 3 to 10 of the civil partnership document shall be initialled by the person to whom that information relates.

• (3) Where either of the civil partners sign the civil partnership document by making a mark or by signing in characters other than those used in the English or Welsh languages, the civil partnership registrar shall enter against the mark or signature the words “The mark (or signature) of . . . . .” inserting the surname and forename of the person.

Information to be recorded in the register

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The relevant registration authority shall comply with its obligations under section 2(4) of the 2004 Act by recording in the register the information on form 12 if the civil partnership was formed in England or form 12(w) if the civil partnership was formed in Wales.

Completion of forms

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• (1) Forms 1 (w), 2 (w), 3 (w), 4 (w), 5 (w), 8 (w), 9 (w), 10 (w) and 11 (w) shall be completed in English, and shall also be completed in Welsh if—

• (a) in the case of—

• (i) forms 1 (w), 2 (w), 3 (w), 4 (w) and 5 (w), the party giving the notice of proposed civil partnership, and

• (ii) form 8 (w), the person making the declaration,

so elects and provides the required particulars in both languages, and if the authorised person by whom the notice, or as the case may be the declaration, is attested, can understand and write Welsh;

• (b) in the case of forms 9 (w) and 10 (w), the parties to the proposed civil partnership so elect and provide the required particulars in both languages, and if the civil partnership registrar can understand and write Welsh.

• (2) Where a form of words set out in column 1 of Schedule 2 is used in completing a form in English, the form of words set out opposite to it in column 2 shall be used where the form is completed in Welsh.

Searches of indexes of civil partnership records kept by the Registrar General and issue of copies

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• (1) The Registrar General shall cause indexes of all entries in the register[^f00005] to be made and to be kept in the General Register Office.

• (2) Subject to regulations 15 and 16, any person shall be entitled to search the indexes of the register at any time when the General Register Office is open for that purpose and to have a certified copy or a certified extract of any entry in the civil partnership register, on payment to the Registrar General of the fee prescribed under section 34(1) of the 2004 Act.

• (3) The Registrar General shall cause all certified copies or certified extracts given in the General Register Office to be sealed or stamped with the seal of that Office.

• (4) Any certified copy or certified extract stamped with the seal of the General Register Office shall be received in evidence of the civil partnership to which it relates without any further proof of the entry.

• (5) No certified copy or certified extract purporting to have been given by the General Register Office shall be of any force or effect unless it is sealed or stamped in accordance with paragraph (3).

Searches of indexes of civil partnership records kept by registration authorities and issue of copies

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• (1) Every registration authority shall cause indexes of entries in the civil partnership register relating to all civil partnerships formed in its area to be made and to be kept with other records in its register office.[^f00006]

• (2) Subject to regulations 15 and 16, any person shall be entitled at any time when the register office is required to be open for the transaction of public business to search the indexes, and to have a certified copy or a certified extract of any entry in the civil partnership register on payment to the registration authority of a fee prescribed under section 34(1) of the 2004 Act.

• (3) The registration authority shall cause all certified copies or certified extracts given by the registration authority to be signed by a person authorised by that registration authority to issue the certified copy or certified extract.

• (4) Any certified copy or certified extract signed by a person authorised by the registration authority shall be received in evidence of the civil partnership to which it relates without any further proof of the entry.

• (5) No certified copy or certified extract purporting to have been given by the registration authority shall be of any force or effect unless it is issued on a form supplied by the Registrar General and signed by a person authorised by the registration authority.

• (6) The registration authority shall account to the Registrar General for all forms for certified copies and certified extracts supplied by her in such manner and at such times as she may require.

Access to civil partnership records

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• (1) The civil partners, at the time of the formation of the civil partnership, shall be entitled to apply for a certified copy and a certified extract of the entry relating to it in the civil partnership register on payment of the fee prescribed under section 34(1) of the 2004 Act.

• (2) Subject to paragraphs (1) (3), (4) and regulation 16, any person shall be entitled to a certified copy if, and only if, in addition to the information obtained from the indexes of entries in the civil partnership register, he is able to provide the Registrar General, or the registration authority with the full addresses of both civil partners as recorded in the entry concerned.

• (3) Subject to paragraph (4) the Registrar General may, if she considers it appropriate to do so, authorise the issue, either by herself or by a registration authority, of a certified copy where an applicant for such a certificate is unable to provide the full addresses of both civil partners as recorded in the entry.

• (4) The Registrar General may authorise the issue of a certified copy in accordance with paragraph (3) if the applicant applies to her for that purpose and supplies such information as she may require to satisfy herself that it would be reasonable to issue the certificate.