Civil Partnership Bill [HL]

House of Lords

Session 2003 - 04
Internet Publications
Other Bills before Parliament

Civil Partnership Bill [HL]

Civil Partnership Bill [HL]
Part 5 — Civil partnerships formed or dissolved abroad etc.
Chapter 2 — Overseas relationships treated as civil partnerships
74

151
Registration by armed forces personnel
(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 an officer appointed by virtue of the Registration of
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Births, Deaths and Marriages (Special Provisions) Act 1957 (c. 58),

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—
10
(i)
is a member of a part of Her Majesty’s forces serving in the
country or territory,
(ii)
is employed in the country or territory in such other capacity as
may be prescribed, or
(iii)
is a child of a person falling within sub-paragraph (i) or (ii) and
15
has his home with that person in that country or territory,
(b)
the proposed civil partners would have been eligible to register as civil
partners of each other in such part of the United Kingdom as is
determined in accordance with the Order, and
(c)
such other requirements as may be prescribed are complied with.
20
(3)
In determining for the purposes of subsection (2) whether one person is the
child of another, a person who is or was treated by another as a child of the
family in relation to—
(a)
a marriage to which the other is or was a party, or
(b)
a civil partnership in which the other is or was a civil partner,
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is to be regarded as the other’s child.
(4)
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 section 161(1)(c)(i) and (2)(c)(i) and 165(1)(c)(i) as if they had
done so in the part of the United Kingdom determined in accordance with
30
subsection (2)(b).
(5)
Any references in this section—
(a)
to a country or territory outside the United Kingdom,
(b)
to forces serving in such a country or territory, and
(c)
to persons employed in such a country or territory,
35

include references to ships which are for the time being in the waters of a
country or territory outside the United Kingdom, to forces serving in any such
ship and to persons employed in any such ship.
Chapter 2
Overseas relationships treated as civil partnerships
40
152
Meaning of “overseas relationship”
(1)
For the purposes of this Act an overseas relationship is a relationship which—
(a)
is either a specified relationship or a relationship which meets the
general conditions, and

Civil Partnership Bill [HL]
Part 5 — Civil partnerships formed or dissolved abroad etc.
Chapter 2 — Overseas relationships treated as civil partnerships
75

(b)
is registered (whether before or after the passing of this Act) in a
country or territory outside the United Kingdom, by two people—
(i)
who under the relevant law are of the same sex at the time when
they do so, and
(ii)
neither of whom is already a civil partner or lawfully married.
5
(2)
In this Chapter, “the relevant law” means the law of the country or territory
where the relationship is registered (including its rules of private international
law).
153
Specified relationships
(1)
A specified relationship is a relationship which is specified for the purposes of
10
section 152 by Schedule 14.
(2)
The Secretary of State may by order amend Schedule 14 by—
(a)
adding a relationship,
(b)
amending the description of a relationship, or
(c)
omitting a relationship.
15
(3)
No order may be made under this section without the consent of the Scottish
Ministers and the Department of Finance and Personnel.
(4)
The power to make an order under this section is exercisable by statutory
instrument.
(5)
An order which contains any provision (whether alone or with other
20
provisions) amending Schedule 14 by—
(a)
amending the description of a relationship, or
(b)
omitting a relationship,

may not be made unless a draft of the statutory instrument containing the
order is laid before, and approved by a resolution of, each House of Parliament.
25
(6)
A statutory instrument containing any other order under this section is subject
to annulment in pursuance of a resolution of either House of Parliament.
154
The general conditions
The general conditions are that, under the relevant law—
(a)
the relationship may not be entered into if either of the parties is
30
already a party to a relationship of that kind or lawfully married,
(b)
the relationship is of indeterminate duration,
(c)
the effect of entering into it is that the parties are—
(i)
treated as a couple either generally or for specified purposes, or
(ii)
treated as married, and
35
(d)
the process of entering into the relationship requires the parties (at or
about the time of entering into it) to register their relationship with a
responsible authority in the country or territory where it is entered into.
155
Overseas relationships as civil partnerships: the general rule
(1)
Two people are to be treated as having formed a civil partnership as a result of
40
having registered an overseas relationship if, under the relevant law, they—
(a)
had capacity to enter into the relationship, and

Civil Partnership Bill [HL]
Part 5 — Civil partnerships formed or dissolved abroad etc.
Chapter 2 — Overseas relationships treated as civil partnerships
76

(b)
met all requirements necessary to ensure the formal validity of the
relationship.
(2)
Subject to subsection (3), the time when they are to be treated as having formed
the civil partnership is the time when the overseas relationship is registered
(under the relevant law) as having been entered into.
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(3)
If the overseas relationship is registered (under the relevant law) as having
been entered into before this section comes into force, the time when they are
to be treated as having formed a civil partnership is the time when this section
comes into force.
(4)
This section is subject to sections 156, 157 and 158.
10
156
The same-sex requirement
(1)
Two people are not to be treated as having formed a civil partnership as a result
of having registered an overseas relationship if, at the critical time, they were
not of the same sex under United Kingdom law.
(2)
But if a full gender recognition certificate is issued under the 2004 Act to a
15
person who has registered an overseas relationship which is within subsection
(4), after the issue of the certificate the relationship is no longer prevented from
being treated as a civil partnership on the ground that, at the critical time, the
parties were not of the same sex.
(3)
However, subsection (2) does not apply to an overseas relationship which is
20
within subsection (4) if either of the parties has formed a subsequent civil
partnership or lawful marriage.
(4)
An overseas relationship is within this subsection if (and only if)—
(a)
at the time mentioned in section 155(2), one of the parties (“A”) was
regarded under the relevant law as having changed gender (but was
25
not regarded under United Kingdom law as having done so), and
(b)
the other party was (under United Kingdom law) of the gender to
which A had changed under the relevant law.
(5)
In this section—

“the critical time” means the time determined in accordance with section
30
155(2) or (as the case may be) (3);

“the 2004 Act” means the Gender Recognition Act 2004;

“United Kingdom law” means any enactment or rule of law applying in
England and Wales, Scotland and Northern Ireland.
157
Person domiciled in a part of the United Kingdom
35
(1)
Subsection (2) applies if an overseas relationship has been registered by a
person who was at the time mentioned in section 155(2) domiciled in England
and Wales.
(2)
The two people concerned are not to be treated as having formed a civil
partnership if, at the time mentioned in section 155(2)—
40
(a)
either of them was under 16, or
(b)
they would have been within prohibited degrees of relationship under
Part 1 of Schedule 1 if they had been registering as civil partners of each
other in England and Wales.

Civil Partnership Bill [HL]
Part 5 — Civil partnerships formed or dissolved abroad etc.
Chapter 3 — Dissolution etc.: jurisdiction and recognition
77

(3)
Subsection (4) applies if an overseas relationship has been registered by a
person who at the time mentioned in section 155(2) was domiciled in Scotland.
(4)
The two people concerned are not to be treated as having formed a civil
partnership if, at the time mentioned in section 155(2), they were not eligible by
virtue of paragraph (b), (c) or (e) of section 82(1) to register in Scotland as civil
5
partners of each other.
(5)
Subsection (6) applies if an overseas relationship has been registered by a
person who at the time mentioned in section 155(2) was domiciled in Northern
Ireland.
(6)
The two people concerned are not to be treated as having formed a civil
10
partnership if, at the time mentioned in section 155(2)—
(a)
either of them was under 16, or
(b)
they would have been within prohibited degrees of relationship under
Schedule 12 if they had been registering as civil partners of each other
in Northern Ireland.
15
158
The public policy exception
Two people are not to be treated as having formed a civil partnership as a result
of having entered into an overseas relationship if it would be manifestly
contrary to public policy to recognise the capacity, under the relevant law, of
one or both of them to enter into the relationship.
20
Chapter 3
Dissolution etc.: jurisdiction and recognition
Introduction
159
Power to make provision corresponding to EC Regulation 2201/2003
(1)
The Lord Chancellor may by regulations make provision—
25
(a)
as to the jurisdiction of courts in England and Wales in proceedings for
the dissolution or annulment of a civil partnership or for legal
separation of the civil partners in cases where a civil partner—
(i)
is or has been habitually resident in a member State,
(ii)
is a national of a member State, or
30
(iii)
is domiciled in a part of the United Kingdom or the Republic of
Ireland, and
(b)
as to the recognition in England and Wales of any judgment of a court
of another member State which orders the dissolution or annulment of
a civil partnership or the legal separation of the civil partners.
35
(2)
The Scottish Ministers may by regulations make provision—
(a)
as to the jurisdiction of courts in Scotland in proceedings for the
dissolution or annulment of a civil partnership or for legal separation
of the civil partners in such cases as are mentioned in subsection (1)(a),
and
40
(b)
as to the recognition in Scotland of any such judgment as is mentioned
in subsection (1)(b).

Civil Partnership Bill [HL]
Part 5 — Civil partnerships formed or dissolved abroad etc.
Chapter 3 — Dissolution etc.: jurisdiction and recognition
78

(3)
The regulations may in particular make provision corresponding to that made
by Council Regulation (EC) No 2201/2003 of 27th November 2003 in relation
to jurisdiction and the recognition and enforcement of judgments in
matrimonial matters.
(4)
The regulations may provide that for the purposes of this Part and the
5
regulations “member State” means—
(a)
all member States with the exception of such member States as are
specified in the regulations, or
(b)
such member States as are specified in the regulations.
(5)
Regulations under subsection (1) are to be made by statutory instrument and
10
may only be made if a draft has been laid before and approved by resolution
of each House of Parliament.
(6)
Regulations under subsection (2) are to be made by statutory instrument and
may only be made if a draft has been laid before and approved by resolution
of the Scottish Parliament.
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(7)
In this Part “section 159 regulations” means regulations made under this
section.
Jurisdiction of courts in England and Wales
160
Meaning of “the court”
In sections 161 to 164 “the court” means—
20
(a)
the High Court, or
(b)
if a county court has jurisdiction by virtue of Part 5 of the Matrimonial
and Family Proceedings Act 1984 (c. 42), a county court.
161
Proceedings for dissolution, separation or nullity order
(1)
The court has jurisdiction to entertain proceedings for a dissolution order or a
25
separation order if (and only if)—
(a)
the court has jurisdiction under section 159 regulations,
(b)
no court has, or is recognised as having, jurisdiction under section 159
regulations and either civil partner is domiciled in England and Wales
on the date when the proceedings are begun, or
30
(c)
the following conditions are met—
(i)
the two people concerned registered as civil partners of each
other in England or Wales,
(ii)
no court has, or is recognised as having, jurisdiction under
section 159 regulations, and
35
(iii)
it appears to the court to be in the interests of justice to assume
jurisdiction in the case.
(2)
The court has jurisdiction to entertain proceedings for a nullity order if (and
only if)—
(a)
the court has jurisdiction under section 159 regulations,
40
(b)
no court has, or is recognised as having, jurisdiction under section 159
regulations and either civil partner—
(i)
is domiciled in England and Wales on the date when the
proceedings are begun, or

Civil Partnership Bill [HL]
Part 5 — Civil partnerships formed or dissolved abroad etc.
Chapter 3 — Dissolution etc.: jurisdiction and recognition
79

(ii)
died before that date and either was at death domiciled in
England and Wales or had been habitually resident in England
and Wales throughout the period of 1 year ending with the date
of death, or
(c)
the following conditions are met—
5
(i)
the two people concerned registered as civil partners of each
other in England or Wales,
(ii)
no court has, or is recognised as having, jurisdiction under
section 159 regulations, and
(iii)
it appears to the court to be in the interests of justice to assume
10
jurisdiction in the case.
(3)
At any time when proceedings are pending in respect of which the court has
jurisdiction by virtue of subsection (1) or (2) (or this subsection), the court also
has jurisdiction to entertain other proceedings, in respect of the same civil
partnership, for a dissolution, separation or nullity order, even though that
15
jurisdiction would not be exercisable under subsection (1) or (2).
162
Proceedings for presumption of death order
The court has jurisdiction to entertain proceedings for a presumption of death
order if (and only if) the applicant—
(a)
is domiciled in England and Wales on the date when the proceedings
20
are begun, or
(b)
was habitually resident in England and Wales throughout the period of
1 year ending with that date.
163
Proceedings for dissolution, nullity or separation order: supplementary
(1)
Rules of court may make provision in relation to civil partnerships
25
corresponding to the provision made in relation to marriages by Schedule 1 to
the Domicile and Matrimonial Proceedings Act 1973 (c. 45).
(2)
The rules may in particular make provision—
(a)
for the provision of information by applicants and respondents in
proceedings for dissolution, nullity or separation orders where
30
proceedings relating to the same civil partnership are continuing in
another jurisdiction, and
(b)
for proceedings before the court to be stayed by the court where there
are concurrent proceedings elsewhere in respect of the same civil
partnership.
35
164
Applications for declarations as to validity etc.
The court has jurisdiction to entertain an application under section 56 if (and
only if) either of the civil partners in the civil partnership to which the
application relates—
(a)
is domiciled in England and Wales on the date of the application,
40
(b)
has been habitually resident in England and Wales throughout the
period of 1 year ending with that date, or
(c)
died before that date and either was at death domiciled in England and
Wales or had been habitually resident in England and Wales
throughout the period of 1 year ending with the date of death.
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