Civil Partnership Bill [HL]

House of Lords

Session 2003 - 04
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Other Bills before Parliament

Civil Partnership Bill [HL]

Civil Partnership Bill [HL]
Part 4 — Civil partnerships: Northern Ireland
Chapter 1 — Registration
68

137
Civil partnership schedule
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
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civil partnership, or
(b)
the Registrar General has directed him under section 136(6) to proceed
under this section.
Regulations
138
Regulations
10
(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)
Regulations under subsection (1) may prescribe—
(a)
any fee which is required to be prescribed for the purposes of this
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Chapter, and
(b)
fees for such other matters as the Department of Finance and Personnel
considers necessary or expedient for the purposes of this Part.
(3)
The power to make regulations under subsection (1) is exercisable by statutory
rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979
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(S.I. 1979/1573 (N.I. 12)).
(4)
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.)).
Young persons
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139
Parental etc. consent where proposed civil partner under 18
(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
30
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
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(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.
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Civil Partnership Bill [HL]
Part 4 — Civil partnerships: Northern Ireland
Chapter 1 — Registration
69

(5)
In this section and Schedule 13 “young person” means a person who is under
18.
Supplementary
140
Certificates of no impediment for Part 2 purposes
(1)
This section applies where—
5
(a)
two people propose to register as civil partners of each other under
Chapter 1 of Part 2, and
(b)
one of them (“A”) resides in Northern Ireland but the other (“B”) resides
in England or Wales.
(2)
A may give a civil partnership notice under section 133 as if A and B intended
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to register as civil partners under this Chapter.
(3)
If the registrar is satisfied that there is no legal impediment (in the sense given
in section 136(7)) to A registering as B’s civil partner, he must issue a certificate
in the prescribed form that there is not known to be any such impediment.
(4)
But the certificate may not be issued before the expiration of such period from
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the date recorded under section 134(3)(b) as may be prescribed.
(5)
Any person may, at any time before a certificate is issued under subsection (3),
submit to the registrar an objection in writing to its issue.
(6)
Any objection made under subsection (5) must be taken into account by the
registrar in deciding whether he is satisfied that there is no legal impediment
20
to A registering as B’s civil partner.
141
Registration districts and registration authorities
(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
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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
30
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
35
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.

Civil Partnership Bill [HL]
Part 4 — Civil partnerships: Northern Ireland
Chapter 2 — Declarations
70

142
Registrars and other staff
(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.
5
(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
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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 138 may confer additional functions on a person
holding an appointment under subsection (1).
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(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.
143
Interpretation
In this Chapteræ
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“civil partnership notice” means a notice of proposed civil partnership
under section 133;
“civil partnership notice book” has the meaning given by section 134;
“prescribed” means prescribed by regulations under section 138;
“registrar” means such person appointed under section 142(1)(a) or (b) or
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(3) as may be prescribed;
“Registrar General” means the Registrar General for Northern Ireland;
“statutory provision” has the meaning given by section 1(f) of the
Interpretation Act (Northern Ireland) 1954 (1954 c. 33 (N.I.)).
Chapter 2
30
Declarations
144
Declarations
(1)
Any person may apply to the court for one or more of the following
declarations in relation to a civil partnership specified in the application—
(a)
a declaration that the civil partnership was at its inception a valid civil
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partnership;
(b)
a declaration that the civil partnership subsisted on a date specified in
the application;
(c)
a declaration that the civil partnership did not subsist on a date so
specified;
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Civil Partnership Bill [HL]
Part 4 — Civil partnerships: Northern Ireland
Chapter 2 — Declarations
71

(d)
a declaration that the validity of a dissolution, annulment or legal
separation obtained in any country outside Northern Ireland in respect
of the civil partnership is entitled to recognition in Northern Ireland;
(e)
a declaration that the validity of a dissolution, annulment or legal
separation so obtained in respect of the civil partnership is not entitled
5
to recognition in Northern Ireland.
(2)
Where an application under subsection (1) is made to the court by a person
other than a civil partner in the civil partnership to which the application
relates, the court must refuse to hear the application if it considers that the
applicant does not have a sufficient interest in the determination of that
10
application.
(3)
In this Chapter “the court” means the High Court or a divorce county court
within the meaning of the Matrimonial Causes (Northern Ireland) Order 1978
(S.I. 1978/1045 (N.I. 15)).
145
General provisions as to making and effect of declarations
15
(1)
Where on an application for a declaration under section 144 the truth of the
proposition to be declared is proved to the satisfaction of the court, the court
must make the declaration unless to do so would be manifestly contrary to
public policy.
(2)
Any declaration under section 144 binds Her Majesty and all other persons.
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(3)
The court, on the dismissal of an application for a declaration under section
144, may not make any declaration for which an application has not been
made.
(4)
No declaration which may be applied for under section 144 may be made
otherwise than under section 144 by any court.
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(5)
No declaration may be made by any court, whether under section 144 or
otherwise, that a civil partnership was at its inception void.
(6)
Nothing in this section affects the powers of any court to annul a civil
partnership.
146
The Attorney General and proceedings for declarations
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(1)
On an application for a declaration under section 144 the court may at any
stage of the proceedings, of its own motion or on the application of any party
to the proceedings, direct that all necessary papers in the matter be sent to the
Attorney General.
(2)
The Attorney General, whether or not he is sent papers in relation to an
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application for a declaration under section 144, may—
(a)
intervene in the proceedings on that application in such manner as he
thinks necessary or expedient, and
(b)
argue before the court any question in relation to the application which
the court considers it necessary to have fully argued.
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(3)
Where any costs are incurred by the Attorney General in connection with any
application for a declaration under section 144, the court may make such order
as it considers just as to the payment of those costs by parties to the
proceedings.

Civil Partnership Bill [HL]
Part 4 — Civil partnerships: Northern Ireland
Chapter 3 — Supplementary
72

(4)
In this section and section 147 “Attorney General” means the Attorney General
for Northern Ireland.
147
Supplementary provisions as to declarations
(1)
Any declaration made under section 144, and any application for such a
declaration, must be in the form prescribed by family proceedings rules.
5
(2)
Family proceedings rules may make provision—
(a)
as to the information required to be given by any applicant for a
declaration under section 144;
(b)
requiring notice of an application under section 144 to be served on the
Attorney General and on persons who may be affected by any
10
declaration applied for.
(3)
No proceedings under section 144 affects any final judgment or order already
pronounced or made by any court of competent jurisdiction.
(4)
The court hearing an application under section 144 may direct that the whole
or any part of the proceedings must be heard in private.
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(5)
An application for a direction under subsection (4) must be heard in private
unless the court otherwise directs.
(6)
Family proceedings rules must make provision for an appeal to the Court of
Appeal from any declaration made by a county court under section 144 or from
the dismissal of an application under that section, upon a point of law, a
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question of fact or the admission or rejection of any evidence.
(7)
Subsection (6) does not affect Article 61 of the County Courts (Northern
Ireland) Order 1980 (S.I. 1980/397 (N.I. 3)) (cases stated).
(8)
In this section and section 148 “family proceedings rules” means family
proceedings rules made under Article 12 of the Family Law (Northern Ireland)
25
Order 1993 (S.I. 1993/1576 (N.I. 6)).
148
Parties to proceedings under this Chapter
(1)
Family proceedings rules may make provision with respect to the persons who
are to be parties to proceedings on an application under section 144.
(2)
In every case in which the court considers, in the interest of a person not
30
already a party to the proceedings, that the person should be made a party, the
court may if it thinks fit allow the person to intervene upon such terms, if any,
as the court thinks just.
Chapter 3
Supplementary
35
149
Further provision for Northern Ireland
(1)
An Order in Council under paragraph 1(1) of the Schedule to the Northern
Ireland Act 2000 (c. 1) (legislation for Northern Ireland during suspension of
devolved government) which contains a statement that it is made only for

Civil Partnership Bill [HL]
Part 5 — Civil partnerships formed or dissolved abroad etc.
Chapter 1 — Registration outside UK under Order in Council
73

purposes corresponding to those of any provisions of this Act specified in
subsection (2)—
(a)
is not subject to paragraph 2 of that Schedule (affirmative resolution of
both Houses of Parliament), but
(b)
is subject to annulment in pursuance of a resolution of either House of
5
Parliament.
(2)
The provisions are—
(a)
Part 2;
(b)
Chapter 3 of Part 5;
(c)
Part 7.
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Part 5
Civil partnerships formed or dissolved abroad etc.
Chapter 1
Registration outside UK under Order in Council
150
Registration at British consulates etc.
15
(1)
Her Majesty may by Order in Council make provision for two people to
register as civil partners of each other—
(a)
in prescribed countries or territories outside the United Kingdom, and
(b)
in the presence of a prescribed officer of Her Majesty’s Diplomatic
Service,
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in cases where the officer is satisfied that the conditions in subsection (2) are
met.
(2)
The conditions are that—
(a)
at least one of the proposed civil partners is a United Kingdom national,
(b)
the proposed civil partners would have been eligible to register as civil
25
partners of each other in such part of the United Kingdom as is
determined in accordance with the Order,
(c)
the authorities of the country or territory in which it is proposed that
they register as civil partners will not object to the registration, and
(d)
insufficient facilities exist for them to enter into an overseas
30
relationship under the law of that country or territory.
(3)
An officer is not required to allow two people to register as civil partners of
each other if in his opinion the formation of a civil partnership between them
would be inconsistent with international law or the comity of nations.
(4)
An Order in Council under this section may make provision for appeals
35
against a refusal, in reliance on subsection (3), to allow two people to register
as civil partners of each other.
(5)
An Order in Council under this section may provide that two people who
register as civil partners of each other under such an Order are to be treated for
the purposes of sections 161(1)(c)(i) and (2)(c)(i) and 165(1)(c)(i) as if they had
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done so in the part of the United Kingdom determined as mentioned in
subsection (2)(b).