UKPGA-2004-33 Civil Partnership Act 2004 UK

A civil partnership is a relationship between two people ... (“civil partners”)—

Subsection (1) is subject to the provisions of this Act under or by virtue of which a civil partnership is void.

Subsection (3) is subject to section 11(2)(a) of the Marriage and Civil Partnership (Scotland) Act 2014 (ending of certain civil partnerships on marriage under Scots law).

The references in subsection (3) to dissolution and annulment are to dissolution and annulment having effect under or recognised in accordance with this Act.

References in this Act to an overseas relationship are to be read in accordance with Chapter 2 of Part 5.

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 document—

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

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

After the witnesses and the civil partnership registrar have signed the civil partnership document, the relevant registration authority must ensure that—is recorded in the register as soon as is practicable.

No religious service is to be used while the civil partnership registrar is officiating at the signing of a civil partnership document.

“The civil partnership document” has the meaning given by section 7(1).

“The relevant registration authority” means the registration authority in whose area the registration takes place.

Two people are not eligible to register as civil partners of each other if—

But two people are not ineligible to register as civil partners of each other by reason of either of them falling within paragraph (e) of subsection (1) if each of them falling within that paragraph has permission from the Secretary of State to register as a civil partner of the other.

The Secretary of State may not give permission under subsection (1A) unless satisfied that exceptional circumstances exist which justify the permission being given.

Part 1 of Schedule 1 contains provisions for determining when two people are within prohibited degrees of relationship.

In this section—“life sentence” has the meaning given by section 34(2) of the Crime (Sentences) Act 1997;“whole life order” means an order that section 28(5) to (8) of that Act (early release of person serving life sentence) is not to apply to a person.

A person is to be treated for the purposes of this section as being subject to a whole life order if—

Two people may register as civil partners of each other under—

The procedures referred to in subsection (1)(a) to (c) are subject to—

The procedures referred to in subsection (1) (including the procedures as modified by section 20 and Schedule 3) are subject to—

This section is also subject to section 249 and Schedule 23 (immigration control and formation of civil partnerships).

The place at which two people may register as civil partners of each other—

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

Subsections (3A) and (3B) apply in the case of registration under the standard procedure (including that procedure modified as mentioned in section 5).

The place must be—

If it is in a register office, the place must be open to any person wishing to attend the registration.

In this Chapter “register office” means a register office provided under section 10 of the Registration Service Act 1953.

Where, further to regulations under section 6A of this Act or section 2 of the Civil Partnerships, Marriages and Deaths (Registration etc) Act 2019, an approval of premises for the purposes of subsection (3A)(a) has effect—the premises are “approved premises”, for the purposes of this Part, only in relation to civil partnerships of that sort.

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

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

The Secretary of State may by regulations make provision for and in connection with the approval by registration authorities of premises for the purposes of section 6(3A)(a).

The matters dealt with by regulations may include—

Regulations under this section may provide that premises approved for the registration of civil partnerships may differ from those premises approved for the registration of civil marriages.

Provision by virtue of subsection (2)(b) may, in particular, provide that applications for approval of premises may only be made with the consent (whether general or specific) of a person specified, or a person of a description specified, in the provision.

The power conferred by section 258(2), in its application to the power conferred by this section, includes in particular—

Without prejudice to the width of subsection (2)(e), the Secretary of State must exercise his power to provide for the imposition of conditions as mentioned there so as to secure that members of the public are permitted to attend when two people sign the civil partnership schedule on approved premises in accordance with section 6(3A)(a).

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

“Civil marriage” means marriage solemnised otherwise than according to the rites of the Church of England or any other religious usages.

“Religious premises” means premises which—

In this Part “the civil partnership document” means—

Before two people are entitled to register as civil partners of each other—

For two people to register as civil partners of each other under the standard procedure a notice of proposed civil partnership must be given—

A notice of proposed civil partnership must contain such information as may be prescribed by regulations.

A notice of proposed civil partnership must also include the necessary declaration, made and signed by the person giving the notice—and the authorised person must attest the declaration by adding his name, description and place of residence.

The necessary declaration is a solemn declaration in writing—

Where a notice of proposed civil partnership is given to a registration authority in accordance with this section, the registration authority must ensure that the following information is recorded in the register as soon as possible—

Subsection (5) is subject to section 9F.

“Authorised person” means an employee or officer or other person provided by a registration authority who is authorised by that authority to attest notices of proposed civil partnership.

For the purposes of this Chapter, a notice of proposed civil partnership is recorded when subsection (5) is complied with.

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

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

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

Statement A is a statement that the person has the appropriate immigration status.

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

Statement C is a statement that the person neither—

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

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

If the notice includes statement C for a party to the proposed civil partnership—

In this section—

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

A notice of proposed civil partnership under section 8 must, in relation to each of the parties to the civil partnership, be accompanied by specified evidence of the following matters—

If a party to the proposed civil partnership is a relevant national within the meaning of section 30A(ab) the notice of proposed civil partnership under section 8 must also be accompanied—

A person giving a notice of proposed civil partnership under section 8 must provide the registration authority to which the notice is given with specified evidence—

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

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

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

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

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

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

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

In this section—“relevant entry in section 8A(7)” means the second column of the last entry in the table in section 8A(7);“specified evidence” means evidence that is in accordance with regulations made under section 9E.

The Secretary of State may, by regulations, make provision about the giving to the Secretary of State of—

The provision that may be made in regulations under this section includes—

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

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

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

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

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

The Secretary of State may by order—

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

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

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

Regulations under this section may, in particular, make provision about—

In this section “evidence” includes a photograph or other image.

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

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

Where a notice of proposed civil partnership has been given to a registration authority, the registration authority must keep the relevant information on public display during the waiting period.

“The relevant information” means—

All information that a registration authority is required for the time being to keep on public display under subsection (1) must be kept on display by it at one register office provided for a district within its area.

If the Registrar General, on an application being made to him, is satisfied that there are compelling reasons because of the exceptional circumstances of the case for shortening the period of 28 days mentioned in section 11(b), he may shorten it to such period as he considers appropriate.

Regulations may make provision with respect to the making, and granting, of applications under subsection (1).

Regulations under subsection (2) may provide for—

If a proposed civil partnership is referred to the Secretary of State under section 12A—

If the Secretary of State grants an application made under subsection (1), the Secretary of State must give notice of the grant of the application to—

Regulations under subsection (2) do not apply to applications made to the Secretary of State in accordance with subsection (4).

The Secretary of State may by regulations make provision with respect to the making, and granting, of applications made in accordance with subsection (4).

The Secretary of State must consult the Registrar General before making regulations under subsection (7).

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

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

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

In a case where—the registration authority must decide that that party to the proposed civil partnership is not an exempt person.

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

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

Regulations may, in particular, make provision about—

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

In this section—

Any person may object to the issue of a civil partnership schedule under section 14 by giving any registration authority notice of his objection.

A notice of objection must—

If a notice of objection is given to a registration authority, it must ensure that the fact that it has been given and the information in it are recorded in the register as soon as possible.

As soon as the waiting period in relation to each notice of proposed civil partnership has expired, the registration authority in whose area it is proposed that the registration take place is under a duty, at the request of one or both of the proposed civil partners, to issue a document to be known as a “civil partnership schedule”.

Regulations may make provision as to the contents of a civil partnership schedule.

The duty in subsection (1) does not apply if the registration authority is not satisfied that there is no lawful impediment to the formation of the civil partnership.

If an objection to the issue of the civil partnership schedule has been recorded in the register, no civil partnership schedule is to be issued until—

“The relevant registration authority” means the authority which first records that a notice of proposed civil partnership has been given by one of the proposed civil partners.

This section has effect subject to section 14A.

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

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

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

In this section—“evidence” includes a photograph or other image;“exempt person” has the same meaning as in section 12A;“relevant decision” means a decision of a registration authority that a party to the proposed civil partnership is an exempt person.

If the registration authority refuses to issue a civil partnership schedule—either of the proposed civil partners may appeal to the Registrar General.

On an appeal under this section the Registrar General must either confirm the refusal or direct that a civil partnership schedule be issued.

In a case where—section 14A(2) is of no effect — and is to be taken to have never had any effect — in relation to the parties' giving of notice under section 8.

Subsection (3) applies if—

Subsection (3) also applies if—

The person who made the objection or representation is liable for—

If—the person making the appeal is liable for the costs of the proceedings before the Registrar General.

For the purpose of enabling any person to recover any costs and damages in accordance with subsection (3) or (3A), a copy of a declaration of the Registrar General purporting to be sealed with the seal of the General Register Office is evidence that the Registrar General has made the declaration.

The proposed civil partners may not register as civil partners of each other on the production of the civil partnership schedule until the waiting period in relation to each notice of proposed civil partnership has expired.

Subject to subsection (1), under the standard procedure, they may register as civil partners by signing the civil partnership schedule at any time during the applicable period....

If they do not register as civil partners by signing the civil partnership schedule before the end of the applicable period—

The applicable period, in relation to two people registering as civil partners of each other, is the period of 12 months beginning with—

This section applies if two people wish to register as civil partners of each other at the place where one of them is house-bound.

A person is house-bound at any place if, in relation to that person, a statement is made by a registered medical practitioner that, in his opinion—

The procedure under which the two people concerned may register as civil partners of each other is the same as the standard procedure, except that—

A medical statement must contain such information and must be made in such manner as may be prescribed by regulations.

A medical statement may not be made in relation to a person who is detained as described in section 19(2).

For the purposes of this Chapter, a person in relation to whom a medical statement is made is to be treated, if he would not otherwise be so treated, as resident and usually resident at the place where he is for the time being.

This section applies if two people wish to register as civil partners of each other at the place where one of them is detained.

“Detained” means detained—

The procedure under which the two people concerned may register as civil partners of each other is the same as the standard procedure, except that—

A supporting statement, in relation to a detained person, is a statement made by the responsible authority which—

A supporting statement must contain such information and must be made in such manner as may be prescribed by regulations.

Where the detained person is serving a life sentence and is subject to a whole life order, each notice of proposed civil partnership must also be accompanied by a statement made by the Secretary of State not more than 21 days before the day on which the notice is recorded stating that the detained person has the permission required by section 3(1A).

The fact that the registration authority to whom a notice of proposed civil partnership is given has received a statement under subsection (5A) must be recorded in the register.

“The responsible authority” means—

“Patient” and “hospital” have the same meaning as in Part 2 of the 1983 Act and “managers”, in relation to a hospital, has the same meaning as in section 145(1) of the 1983 Act.

“Life sentence” and “whole life order” have the meanings given by section 3(3) of this Act and section 3(4)(persons treated as being subject to a whole life order) applies for the purposes of this section.

For the purposes of this Chapter, a detained person is to be treated, if he would not otherwise be so treated, as resident and usually resident at the place where he is for the time being.

Subsection (5) applies in the following two cases.

The first is where—

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

The second is where—

For the purposes of the standard procedure, the procedure for house-bound persons and the procedure for detained persons—

“The relevant provision” means—

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

For two people to register as civil partners of each other under the special procedure, one of them must—

The notice must contain such information as may be prescribed by regulations.

Subsections (3) to (6) of section 8 (necessary declaration etc.), apart from paragraph (b) of subsection (4), apply for the purposes of this section as they apply for the purposes of that section.

The person giving a notice of proposed civil partnership to a registration authority under the special procedure must produce to the authority such evidence as the Registrar General may require to satisfy him—

The conditions are that one of the proposed civil partners—

The certificate of a registered medical practitioner is sufficient evidence of any or all of the matters referred to in subsection (2).

Any person may object to the Registrar General giving authority for the issue of his licence by giving the Registrar General or any registration authority notice of his objection.

A notice of objection must—

If a notice of objection is given to a registration authority, it must ensure that the fact that it has been given and the information in it are recorded in the register as soon as possible.

This section applies where a notice of proposed civil partnership is given to a registration authority under section 21.

The registration authority may issue a Registrar General’s licence if, and only if, given authority to do so by the Registrar General.

The Registrar General—

A licence under this section must state that it is issued on the authority of the Registrar General.

Regulations may (subject to subsection (4)) make provision as to the contents of a licence under this section.

If an objection has been made to the Registrar General giving authority for the issue of his licence, he is not to give that authority until—

Any decision of the Registrar General under subsection (6)(a) is final.

This section applies if—

The person who made the objection is liable for—

For the purpose of enabling any person to recover any such costs and damages, a copy of a declaration of the Registrar General purporting to be sealed with the seal of the General Register Office is evidence that the Registrar General has made the declaration.

If a Registrar General’s licence has been issued under section 25, the proposed civil partners may register as civil partners by signing it at any time within 1 month from the day on which the notice of proposed civil partnership was given.

If they do not register as civil partners by signing the licence within the 1 month period—

A civil partnership registrar is an individual who is designated by a registration authority as a civil partnership registrar for its area.

It is the duty of each registration authority to ensure that there is a sufficient number of civil partnership registrars for its area to carry out in that area the functions of civil partnership registrars.

Each registration authority must inform the Registrar General as soon as is practicable—

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

In this Chapter “the Registrar General” means the Registrar General for England and Wales.

The Registrar General must provide a system for keeping any records that relate to civil partnerships and are required by this Chapter to be made.

The system may, in particular, enable those records to be kept together with other records kept by the Registrar General.

In this Chapter “the register” means the system for keeping records provided under subsection (2).

A protected person may not be compelled by any means (including by the enforcement of a contract or a statutory or other legal requirement) to—where the person does not wish to do things of that sort in relation to civil partnerships generally, or those between two people of the same sex, or those between two people of the opposite sex.

In this section—“protected person” means—a religious organisation, a constituent body or part of a religious organisation, or a person acting on behalf of, or under the auspices of, such an organisation, body or part, but does not include a civil partnership registrar;“religious premises” has the meaning given by section 6A(3C).

A person commits an offence if he issues a civil partnership schedule knowing that he does so—

A person commits an offence if, in his actual or purported capacity as a civil partnership registrar, he officiates at the signing of a civil partnership schedule by proposed civil partners knowing that he does so—

A person guilty of an offence under subsection (1) or (2)(a), (aa), (b), (c) or (d) is liable on conviction on indictment to imprisonment for a term not exceeding 5 years or to a fine (or both).

A person guilty of an offence under subsection (2)(ab) is liable on conviction on indictment to imprisonment for a term not exceeding 14 years or to a fine or both.

A prosecution under this section may not be commenced more than 3 years after the commission of the offence.

A person commits an offence if—

A person commits an offence if, in his actual or purported capacity as a civil partnership registrar, he officiates at the signing of a Registrar General’s licence by proposed civil partners knowing that he does so—

A person guilty of an offence under subsection (1) or (2) is liable—

A prosecution under this section may not be commenced more than 3 years after the commission of the offence.

A civil partnership registrar commits an offence if he refuses or fails to comply with the provisions of this Chapter or of any regulations made under section 36.

A civil partnership registrar guilty of an offence under subsection (1) is liable—and on conviction shall cease to be a civil partnership registrar.

A person commits an offence if—

A person guilty of an offence under subsection (3) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

A person commits an offence if he records in the register information relating to the formation of a civil partnership by the signing of a civil partnership schedule, knowing that the civil partnership is void under section 49(b) ....

A person guilty of an offence under subsection (5) is liable on conviction on indictment, to imprisonment for a term not exceeding 5 years or to a fine (or both).

A person commits an offence if he records in the register information relating to the formation of a civil partnership by the signing of a Registrar General’s licence, knowing that the civil partnership is void under section 49(b) ....

A person guilty of an offence under subsection (7) is liable—

A prosecution under subsection (5) or (7) may not be commenced more than 3 years after the commission of the offence.

The Secretary of State may by order provide for fees ... to be payable to such persons as may be prescribed by the order in respect of—

An order under this section may—

Subsection (1C) applies where the order provides for a fee to be payable to a registration authority.

The order may provide for such part of the fee as may be specified by or determined in accordance with the order to be payable by the registration authority to the Registrar General in such circumstances as may be prescribed by the order.

The order may provide for the reduction, waiver or refund of part or all of a fee whether by conferring a discretion or otherwise.

Where a civil partnership registrar for any area attends when two people sign the civil partnership schedule on approved premises, in accordance with section 6(3A)(a)—

The Secretary of State may by order make—

“Civil marriage” means marriage solemnised otherwise than according to the rites of the Church of England or any other religious usages.

“Amendment” includes repeal or revocation.

“Subordinate legislation” has the same meaning as in the Interpretation Act 1978 (c. 30).

Regulations may make provision supplementing the provisions of this Chapter.

Regulations may in particular make provision—

In this Chapter , except in section 6A 9B, 9E(2), 12(7) or 12A,“regulations” means regulations made by the Registrar General with the approval of the Secretary of State.

Any power to make regulations or an order under this Chapter is exercisable by statutory instrument.

A statutory instrument containing regulations under section 6A 9B, 9E(2) or 12A or an order under section 34 is subject to annulment in pursuance of a resolution of either House of Parliament.

No order may be made under section 9D or 35 unless a draft of the statutory instrument containing the order has been laid before, and approved by a resolution of, each House of Parliament.

The court may, in accordance with this Chapter—

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

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.

In this Chapter, other than in sections 58 to 61, “the court” means—

This Chapter is subject to sections 219 to 224 (jurisdiction of the court).

Every dissolution order—

The court may not make a conditional order unless—and a person may not give confirmation for the purposes of this subsection before the end of the period of 20 weeks from the start of proceedings (the “second prescribed period”).

The Lord Chancellor may by order amend this section so as to substitute—

But the Lord Chancellor may not under subsection (3) provide for a period which would result in the total number of days in the first and second prescribed periods (taken together) exceeding 26 weeks.

In a particular case the court dealing with the case may by order shorten the first prescribed period or the second prescribed period.

The power to make an order under subsection (3) is exercisable by statutory instrument.

An instrument containing such an order may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

Every nullity or presumption of death order—

Subject to subsections (2) to (4), the prescribed period for the purposes of subsection (A1)(b) is—

The Lord Chancellor may by order amend this section so as to substitute a different definition of the prescribed period for the purposes of subsection (A1)(b).

But the Lord Chancellor may not under subsection (2) provide for a period longer than 6 months to be the prescribed period.

In a particular case the court dealing with the case may by order shorten the prescribed period.

The power to make an order under subsection (2) is exercisable by statutory instrument.

An instrument containing such an order is subject to annulment in pursuance of a resolution of either House of Parliament.

This section applies if an application has been made for a dissolution, nullity or presumption of death order.

The court may, if it thinks fit, direct that all necessary papers in the matter are to be sent to the Queen’s Proctor 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.

If any person at any time—gives information to the Queen’s Proctor on any matter material to the due decision of the case, the Queen’s Proctor may take such steps as the Attorney General considers necessary or expedient.

If the Queen’s Proctor 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—

The Queen’s Proctor is entitled to charge as part of the expenses of his office—

This section applies if—

This section also applies if—

The court may—

Subsection (3)(a)—

No application for a dissolution order may be made to the court before the end of the period of 1 year from the date of the formation of the civil partnership.

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

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

Rules of court must make provision for requiring the legal representative acting for an applicant to certify whether the representative has—

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.

The power to adjourn under subsection (3) is additional to any other power of adjournment.

This section applies in relation to cases where—

Rules of court may make provision for enabling—

Subject to section 41, an application for a dissolution order may be made to the court by either or both civil partners on the ground that the civil partnership has broken down irretrievably.

An application under subsection (1) must be accompanied by a statement by the applicant or applicants that the civil partnership has broken down irretrievably.

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

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

The court dealing with an application under subsection (1) must—

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

Without prejudice to the generality of section 75 of the Courts Act 2003, Family Procedure Rules may make provision as to the procedure for an application under subsection (1) by both civil partners to become an application by one civil partner only (including provision for a statement made under subsection (1A) in connection with the application to be treated as made by one civil partner only).

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

Subsections (3) to (5) apply if—

The court hearing an application by the respondent under subsection (2) must consider all the circumstances, including—

Subject to subsection (5), the court must not make the order final unless it is satisfied that—

The court may if it thinks fit make the order final if—

Where two people register as civil partners of each other in England and Wales, the civil partnership is voidable if—

In this section and section 51 “mental disorder” has the same meaning as in the Mental Health Act 1983 (c. 20).

The court must not make a nullity order on the ground that a civil partnership is voidable if the respondent satisfies the court—

Without prejudice to subsection (1), the court must not make a nullity order by virtue of section 50(1)(a), (b), (c) or (e) unless—

A judge of the court may, on an application made to him, grant leave for the institution of proceedings if he—

An application for leave under subsection (3) may be made after the end of the 3 year period.

Without prejudice to subsection (1), the court must not make a nullity order by virtue of section 50(1)(d) unless it is satisfied that proceedings were instituted within the period of 6 months from the date of issue of the interim gender recognition certificate.

Without prejudice to subsections (1) and (2), the court must not make a nullity order by virtue of section 50(1)(c) or (e) unless it is satisfied that the applicant was at the time of the formation of the civil partnership ignorant of the facts alleged.

Where two people have registered as civil partners of each other in England and Wales, it is not necessary in support of the civil partnership to give any proof—and no evidence is to be given to prove the contrary in any proceedings touching the validity of the civil partnership.

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

Where two people have registered as civil partners of each other in England and Wales, the Lord Chancellor may by order validate the civil partnership if it appears to him that it is or may be void under section 49(b).

An order under subsection (1) may include provisions for relieving a person from any liability under section 31(2), 32(2) or 33(5) or (7).

The draft of an order under subsection (1) must be advertised, in such manner as the Lord Chancellor thinks fit, not less than one month before the order is made.

The Lord Chancellor must—

An order under subsection (1) is subject to special parliamentary procedure.

Where two people register as civil partners of each other in Scotland, the civil partnership is—

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

Where two people convert, or purport to convert, their marriage into a civil partnership under Part 3, 4 or 5 of the Marriage and Civil Partnership (Northern Ireland) (No. 2) Regulations 2020, the civil partnership is—

Subsection (4) applies where two people register as civil partners of each other under an Order in Council under—(“the relevant section”).

The civil partnership is—

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.

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

The civil partnership is void if—

The civil partnership is voidable if—

Section 51 applies for the purposes of—

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).

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

The court may, on an application made by a civil partner, make a presumption of death order if it is satisfied that reasonable grounds exist for supposing that the other civil partner is dead.

In any proceedings under this section the fact that—is evidence that the other civil partner is dead until the contrary is proved.

An application for a separation order may be made to the court by either or both civil partners.

An application under subsection (1) must be accompanied by—

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

The court dealing with an application under subsection (1) must make a separation order.

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

Any person may apply to the High Court or the family court for one or more of the following declarations in relation to a civil partnership specified in the application—

Where an application under subsection (1) is made to a 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 application.

Where on an application for a declaration under section 58 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.

Any declaration under section 58 binds Her Majesty and all other persons.

The court, on the dismissal of an application for a declaration under section 58, may not make any declaration for which an application has not been made.

No declaration which may be applied for under section 58 may be made otherwise than under section 58 by any court.

No declaration may be made by any court, whether under section 58 or otherwise, that a civil partnership was at its inception void.

Nothing in this section affects the powers of any court to make a nullity order in respect of a civil partnership.

On an application for a declaration under section 58 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.

The Attorney General, whether or not he is sent papers in relation to an application for a declaration under section 58, may—

Where any costs are incurred by the Attorney General in connection with any application for a declaration under section 58, the court may make such order as it considers just as to the payment of those costs by parties to the proceedings.

Any declaration made under section 58, and any application for such a declaration, must be in the form prescribed by rules of court.

Rules of court may make provision—

No proceedings under section 58 affect any final judgment or order already pronounced or made by any court of competent jurisdiction.

The court hearing an application under section 58 may direct that the whole or any part of the proceedings must be heard in private.

An application for a direction under subsection (4) must be heard in private unless the court otherwise directs.

Rules of court may make provision with respect to—

Rules of court made under this section may make different provision for different cases.

In every case in which the court considers, in the interest of a person not 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.

This section applies if—

The contributing partner is to be treated as having acquired by virtue of the contribution a share or an enlarged share (as the case may be) in the beneficial interest of such an extent—

Subsection (2) is subject to any agreement (express or implied) between the civil partners to the contrary.

In any question between the civil partners in a civil partnership as to title to or possession of property, either civil partner may apply to—

On such an application, the court may make such order with respect to the property as it thinks fit (including an order for the sale of the property).

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

The right of a civil partner (“A”) to make an application under section 66 includes the right to make such an application where A claims that the other civil partner (“B”) has had in his possession or under his control—and that either the money or other property has ceased to be in B’s possession or under B’s control or that A does not know whether it is still in B’s possession or under B’s control.

For the purposes of subsection (1)(a) it does not matter whether A is beneficially entitled to the money or share—

Subsections (4) and (5) apply if, on such an application being made, the court is satisfied that B—

The power of the court to make orders under section 66 includes power to order B to pay to A—

If it appears to the court that there is any property which—the court may (either instead of or as well as making an order in accordance with subsection (4)) make any order which it could (apart from this section) have made under section 66.

Any power of the court which is exercisable on an application under section 66 is exercisable in relation to an application made under that section as extended by this section.

This section applies where a civil partnership has been dissolved or annulled.

Subject to subsection (3), an application may be made under section 66 (including that section as extended by section 67) by either former civil partner despite the dissolution or annulment (and references in those sections to a civil partner are to be read accordingly).

The application must be made within the period of 3 years beginning with the date of the dissolution or annulment.

This section applies if an action in tort is brought by one civil partner against the other during the subsistence of the civil partnership.

The court may stay the proceedings if it appears—

Without prejudice to subsection (2)(b), the court may in such an action—

Schedule 5 makes provision for financial relief in connection with civil partnerships that corresponds to provision made for financial relief in connection with marriages by Part 2 of the Matrimonial Causes Act 1973 (c. 18).

Any rule of law under which any provision of Part 2 of the 1973 Act is interpreted as applying to dissolution of a marriage on the ground of presumed death is to be treated as applying (with any necessary modifications) in relation to the corresponding provision of Schedule 5.

Schedule 6 makes provision for financial relief in connection with civil partnerships that corresponds to provision made for financial relief in connection with marriages by the Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22).

Schedule 7 makes provision for financial relief in England and Wales after a civil partnership has been dissolved or annulled, or civil partners have been legally separated, in a country outside the British Islands.

A civil partnership agreement does not under the law of England and Wales have effect as a contract giving rise to legal rights.

No action lies in England and Wales for breach of a civil partnership agreement, whatever the law applicable to the agreement.

In this section and section 74 “civil partnership agreement” means an agreement between two people—

This section applies in relation to civil partnership agreements whether entered into before or after this section comes into force, but does not affect any action commenced before it comes into force.

This section applies if a civil partnership agreement is terminated.

Section 65 (contributions by civil partner to property improvement) applies, in relation to any property in which either or both of the parties to the agreement had a beneficial interest while the agreement was in force, as it applies in relation to property in which a civil partner has a beneficial interest.

Sections 66 and 67 (disputes between civil partners about property) apply to any dispute between or claim by one of the parties in relation to property in which either or both had a beneficial interest while the agreement was in force, as if the parties were civil partners of each other.

An application made under section 66 or 67 by virtue of subsection (3) must be made within 3 years of the termination of the agreement.

A party to a civil partnership agreement who makes a gift of property to the other party on the condition (express or implied) that it is to be returned if the agreement is terminated is not prevented from recovering the property merely because of his having terminated the agreement.

Amend the Children Act 1989 (c. 41) (“the 1989 Act”) as follows.

In section 4A(1) (acquisition of parental responsibility by step-parent) after “is married to” insert “ , or a civil partner of, ”.

In section 105(1) (interpretation), for the definition of “child of the family” (in relation to the parties to a marriage) substitute—

In the definition of “relative” in section 105(1), for “by affinity)” substitute “ by marriage or civil partnership) ”.

Amend Schedule 1 to the 1989 Act (financial provision for children) as follows.

In paragraph 2(6) (meaning of “periodical payments order”) after paragraph (d) insert—.

In paragraph 15(2) (person with whom a child lives or is to live) after “husband or wife” insert “ or civil partner ”.

For paragraph 16(2) (extended meaning of “parent”) substitute—

Amend the Adoption and Children Act 2002 (c. 38) as follows.

In section 21 (placement orders), in subsection (4)(c), after “child marries” insert “ , forms a civil partnership ”.

In section 47 (conditions for making adoption orders), after subsection (8) insert—

In section 51 (adoption by one person), in subsection (1), after “is not married” insert “ or a civil partner ”.

After section 51(3) insert—

In section 64 (other provision to be made by regulations), in subsection (5) for “or marriage” substitute “ , marriage or civil partnership ”.

In section 74(1) (enactments for whose purposes section 67 does not apply), for paragraph (a) substitute—.

In section 79 (connections between the register and birth records), in subsection (7)—

In section 81 (Adoption Contact Register: supplementary), in subsection (2) for “or marriage” substitute “ , marriage or civil partnership ”.

In section 98 (pre-commencement adoptions: information), in subsection (7), in the definition of “relative” for “or marriage” substitute “ , marriage or civil partnership ”.

In section 144 (interpretation), in the definition of “relative” in subsection (1), after “by marriage” insert “ or civil partnership ”.

In section 144(4) (meaning of “couple”), after paragraph (a) insert—.

A person commits an offence if—

The documents are—

A person guilty of an offence under subsection (1) is liable—

The Perjury Act 1911 (c. 6) has effect as if this section were contained in it.

Amend the Fatal Accidents Act 1976 (c. 30) as follows.

In section 1(3) (meaning of “dependant” for purposes of right of action for wrongful act causing death), after paragraph (a) insert—.

In paragraph (b)(iii) of section 1(3), after “wife” insert “ or civil partner ”.

After paragraph (f) of section 1(3) insert—.

After section 1(4) insert—

In section 1(5)(a), for “by affinity” substitute “ by marriage or civil partnership ”.

In section 1A(2) (persons for whose benefit claim for bereavement damages may be made)—

In section 3 (assessment of damages), in subsection (4), after “wife” insert “ or civil partner ”.

Any enactment or rule of law relating to the giving of evidence by a spouse applies in relation to a civil partner as it applies in relation to the spouse.

Subsection (1) is subject to any specific amendment made by or under this Act which relates to the giving of evidence by a civil partner.

For the avoidance of doubt, in any such amendment, references to a person’s civil partner do not include a former civil partner.

References in subsections (1) and (2) to giving evidence are to giving evidence in any way (whether by supplying information, making discovery, producing documents or otherwise).

Any rule of law—is to be treated as applying in an equivalent way for the purpose of proving or disproving the existence of a civil partnership.

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—

But the two people must be eligible to be so registered.

Subsection (1) applies regardless of whether subsection (4) is complied with.

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—

Two people are not eligible to register in Scotland as civil partners of each other if—

Subject to subsection (3), a person is related to another person in a forbidden degree if related to that person in a degree specified in Schedule 10.

A person who is related to another person in a degree specified in paragraph 2 of Schedule 10 (relationships by affinity) is not related to that person in a forbidden degree if—

For the purposes of paragraph 2 of Schedule 10, “spouse” means—

Paragraph 2 of Schedule 10 has effect subject to the modifications specified in subsection (5) in the case of a person (here the “relevant person”) whose gender has become the acquired gender under the Gender Recognition Act 2004 (c. 7).

The reference in subsection (3A)(a) as it applies to that paragraph to—

This section and Schedule 10 have effect as if any reference in that Schedule to a parent within any of the degrees of relationship specified... included a woman who is a parent of a child by virtue of section 42 or 43 of the Human Fertilisation and Embryology Act 2008 (c. 22).

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

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

References in this section and in Schedule 10 to relationships and degrees of relationship are to be construed in accordance with section 1(1) of the Law Reform (Parent and Child) (Scotland) Act 1986 (c. 9).

For the purposes of this section, a degree of relationship specified in paragraph 1 of Schedule 10 exists whether it is of the full blood or the half blood.

Amend section 41(1) of the Adoption (Scotland) Act 1978 (c. 28) (application to determination of forbidden degrees of provisions of that Act relating to the status conferred by adoption) as follows—

In order to register as civil partners, each of the intended civil partners must submit to the district registrar a notice, in the prescribed form . . . , of intention to enter civil partnership (in this Part referred to as a “notice of proposed civil partnership”).

Each of the intended civil partners must also pay the prescribed fee and submit the following documents—

If an intended civil partner is a relevant national as defined in section 30A(ab)(i) or (ii) the intended civil partner must also submit—

If a person is unable to submit a certificate or decree required by subsection (2) he may instead make a declaration to that effect, stating what the reasons are; and he must provide the district registrar with such—as the district registrar may require.

If a document submitted under subsection (2) or (3) is in a language other than English, the person submitting it must, unless subsection (4A) applies, attach to the document a translation of it in English, certified by the translator as a correct translation.

This subsection applies where—

A person submitting a notice under subsection (1) must make and attest in the prescribed manner the necessary declaration (the form for which must be included in any form prescribed for the notice).

Regulations prescribing the form of the notice of proposed civil partnership may make provision for the notice to be electronic rather than paper-based.

The necessary declaration is a declaration that the person submitting the notice believes that the intended civil partners are eligible to be in civil partnership with each other.

In this section, “the district registrar” means—

A district registrar to whom a notice under subsection (1) is submitted may require the person submitting the notice to provide the district registrar with specified nationality evidence relating to each of the intended civil partners.

A requirement under subsection (8) may be imposed at any time—

In subsection (8), “specified nationality evidence” means such evidence of that person's nationality as may be specified in guidance issued by the Registrar General.

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

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

Statement A is a statement that the person has the appropriate immigration status.

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

Statement C is a statement that the person neither—

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

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

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

In this section and section 88B—

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

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

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

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

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

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

In this section—“relevant entry in section 88A(6)” means the second column of the last entry in the table in section 88A(6);“specified evidence” means evidence that is in accordance with regulations made by the Secretary of State under section 54(2) of, and paragraph 3 of Schedule 5 to, the 2014 Act.

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

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

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

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

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

The provisions are—

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

But this section does not apply if section 96 applies to the proposed civil partnership.

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

In a case where—the district registrar must decide that that party to the proposed civil partnership is not an exempt person.

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

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

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

In this section—

On receipt of a notice of proposed civil partnership, the district registrar is to enter in a book (to be known as “the civil partnership book”) supplied to him for that purpose by the Registrar General such particulars, extracted from the notice, as may be prescribed and the date of receipt by him of that notice.

The form and content of any page of that book is to be prescribed.

In this section and sections 90, 91, 92 and 94, “the district registrar” means—

Subsection (1) is subject to section 88E.

Where notices of a proposed civil partnership are received by the district registrar , he must, as soon as practicable after such receipt(or, if the two documents are not received on the same day, after the first is received), publicise the relevant information and send it to the Registrar General who must also publicise it.

“The relevant information” means—

Paragraph (b) of subsection (2) is subject to section 91(1) .

The manner in which and means by which relevant information is to be publicised are to be prescribed.

Where the district registrar receives a request in writing from one or both of two intended civil partners that they should be registered as civil partners of each other on a date specified in the request (being a date 28 days or fewer after publicisation by the district registrar under subsection (1) of section 90) the district registrar may, provided that he is authorised to do so by the Registrar General, fix that date as the date for registration; and if a date is so fixed, paragraph (b) of subsection (2) of that section is to be construed as if it were a reference to that date.

Unless subsection (1B) applies, if a proposed civil partnership is referred to the Secretary of State under section 88F (“the referred civil partnership”) the Registrar General may not authorise the district registrar to fix the specified date mentioned in subsection (1) as the date for registration of the referred civil partnership without the consent of the Secretary of State.

This subsection applies if the request made under subsection (1) is made because a party to the referred civil partnership is gravely ill and not expected to recover.

For the purposes of subsection (1), a request which is made by electronic means is to be treated as in writing if it is received in a form which is legible and capable of being used for subsequent reference.

Any person may at any time before the registration in Scotland of two people as civil partners of each other submit in writing an objection to such registration to the district registrar.

For the purpose of subsection (1), an objection which is submitted to the registrar by electronic means is to be treated as in writing if it is received in a form which is legible and capable of being used for subsequent reference.

But where the objection is that the intended civil partners are not eligible to be in civil partnership with each other because either is incapable of—it shall not be treated as submitted until there has also been produced to the registrar a supporting certificate attested in the prescribed manner by a registered medical practitioner.

A person claiming that he may have reason to submit such an objection may, free of charge and at any time when the registration office of the district registrar is open for public business, inspect any relevant entry in the civil partnership book.

Where the district registrar receives an objection in accordance with subsection (1) he must—

If the Registrar General is satisfied, on consideration of an objection of which he has received notification under subsection (4)(b)(i) that—

For the purposes of this section and section 94, there is a legal impediment to registration where the intended civil partners are not eligible to be in civil partnership with each other.

Two people may be registered by an authorised registrar as civil partners of each other—

In this section—“appropriate place” means a place which—the parties to the intended civil partnership and the local registration authority agree is to be the place of registration, and is not religious premises,“local registration authority” means—the local registration authority for the registration district which includes the place, or where the place is in Scottish waters, the local registration authority for the authorised registrar's registration district,“religious premises” means premises which—are used solely or mainly for religious purposes, or have been so used and have not subsequently been used solely or mainly for other purposes.

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

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

“Local registration authority” has the meaning given by section 5(3) of the 1965 Act.

“Scottish Waters” has the meaning given by section 26(2) of the Marriage (Scotland) Act 1977 (c. 15).

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

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

Subsection (2) does not apply where—

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

Where—he is to complete a civil partnership schedule in the prescribed form.

In the case of a civil partnership to be registered by an approved celebrant, the civil partnership schedule completed in accordance with subsection (1) is to be issued by the district registrar to one or both of the parties to the intended civil partnership.

The district registrar may not issue the civil partnership schedule on a date earlier than 7 days before the date of the intended civil partnership unless authorised to do so by the Registrar General.

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

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

A civil partnership between persons of different sexes may be registered by and only by—

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

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

In this Part—

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

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

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

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

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

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

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

The Registrar General must—

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

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

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

On any such appeal the Scottish Ministers may—and must inform the nominating body of their decision and the reason for it; and their decision is final.

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

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

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

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

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

The Registrar General must—

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

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

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

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

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

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

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

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

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

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

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

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

Before the persons present sign in accordance with section 85 the approved celebrant or, as the case may be, the authorised registrar is to require the intended civil partners to confirm that (to the best of their knowledge) the particulars set out in the civil partnership schedule are correct.

In the case of a religious or belief civil partnership, the parties to the civil partnership must, within 3 days of signing the civil partnership schedule in accordance with section 85(4), deliver the civil partnership schedule, or send it by post or arrange that it is delivered, to the district registrar.

As soon as practicable after—the district registrar must cause those particulars to be entered in a register (to be known as the “civil partnership register”) supplied to him for that purpose by the Registrar General.

The form and content of any page of that register is to be prescribed.

A civil partnership register may, if the Registrar General so determines, be electronic rather than paper-based.

The district registrar must not enter the particulars set out in the civil partnership schedule relating to a religious or belief civil partnership in the civil partnership register unless and until the registrar receives a duly signed civil partnership schedule in respect of that civil partnership.

Where the Registrar General is satisfied that—the Registrar General may direct the district registrar to complete an exact copy of the original civil partnership schedule and, so far as practicable, to arrange for its signature by those persons who signed the original schedule.

As soon as possible after the copy schedule has been signed, the district registrar must cause the particulars as set out in it to be entered into the civil partnership register.

A fee payable by the intended civil partners for their civil registration as civil partners of each other is to be prescribed.

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

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

Subsection (2) applies where the particulars set out in a civil partnership schedule signed in accordance with section 85 are entered in the civil partnership register in pursuance of section 95(2) or (3C).

The validity of the registration as civil partners to which the schedule relates is not to be questioned in any legal proceedings on the ground of failure to comply with a requirement or restriction imposed by or under this Part.

Subsection (2)—

Where an intended civil partner has a full gender recognition certificate issued under section 5(1) of the Gender Recognition Act 2004 (c. 7) and the other intended civil partner was the other party in the proceedings in which the certificate was issued, the procedures for their registration as civil partners of each other may—be expedited as follows.

The registration may take place on any of the 30 days immediately following—

And accordingly there are to be disregarded—

This section applies where—

A may submit a notice of intention to register under section 88 as if A and B intended to register as civil partners in the district in which A resides.

If the district registrar is satisfied (after consultation, if he considers it necessary, with the Registrar General) that there is no impediment (in terms of section 92(6)) to A registering as B’s civil partner, he must issue a certificate to A in the prescribed form that there is not known to be any such impediment.

But the certificate may not be issued to A earlier than 28 days after the receipt (as entered in the civil partnership notice book) of the notice under subsection (2) unless—

Any person may, at any time before a certificate is issued under subsection (3), submit to the district registrar an objection in writing to its issue.

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

Any objection made under subsection (5) must be taken into account by the district registrar in deciding whether he is satisfied that there is no legal impediment to A registering as B’s civil partner.

Subsection (2) applies where—

An authorised registrar may, on an application made by the parties to the relationship, subject to the approval of the Registrar General and to subsection (3), register their civil partnership as if they had not already registered that relationship with each other.

Sections 85 to 100 apply for the purpose of registering a civil partnership under this section as they apply to registering a civil partnership under section 1, subject to the modifications set out in subsections (4) to (11).

Section 85 (formation of civil partnership by registration) applies as if the words “the approved celebrant or, as the case may be,”, in both places where they occur, were omitted.

Section 86 (eligibility) does not apply in respect of the parties already being in civil partnership with each other.

Section 88 (notice of proposed civil partnership) applies as if after subsection (1) there were inserted—.

Section 93A does not apply.

Section 94 (the civil partnership schedule) applies as if after subsection (1) there were inserted—.

Section 94A (persons who may register civil partnerships) applies as if subsections (1)(a), (2), (2A)(a), (2B), (3), (4)(a) and (b) and (5) were omitted.

Sections 94B to 94E do not apply.

Section 95 (further provision as to registration) applies as if after subsection (2) there were inserted—.

The following sections of the 1965 Act apply in relation to the civil partnership register as they apply in relation to the registers of births, marriages and deaths—

Section 39A of the 1965 Act (notice of registration events to third parties) applies in relation to a civil partnership as it applies in relation to a marriage.

In that application, the reference in section 39A(2)(c) to the marriage having been registered in accordance with section 15 or 19 of the Marriage (Scotland) Act 1977 (c. 15) is to be read as a reference to the particulars of the formation of the civil partnership having been entered in the civil partnership register under section 95(2) of this Act.

No alteration is to be made in the civil partnership register except as authorised by or under this or any other Act (“Act” including an Act of the Scottish Parliament).

Any clerical error in the register or error in it of a kind prescribed may be corrected by the district registrar.

The Registrar General may authorise district examiners (“district examiner” having the meaning given by section 2(1) of the 1965 Act) to correct any error in the register of a type specified by him which they discover during an examination under section 34 of the 1965 Act.

A person (“A”) commits an offence who purports to register in Scotland as the civil partner of another person (“B”) knowing that either or both—

A person commits an offence who knowingly—

A person guilty of an offence under subsection (1) or (2) is liable—

A person commits an offence if the person—

A person guilty of an offence under subsection (3A) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Summary proceedings for an offence under subsection (1), (2) or (3A) may be commenced at any time within 3 months after evidence sufficient in the opinion of the Lord Advocate to justify the proceedings comes to his knowledge or within 12 months after the offence is committed (whichever period last expires).

Subsection (3) of section 136 of the Criminal Procedure (Scotland) Act 1995 (c. 46) (time limits) has effect for the purposes of this section as it has for the purposes of that section.

Where, apart from the provisions of this Chapter, one civil partner in a civil partnership is entitled, or permitted by a third party, to occupy a family home of the civil partnership (that civil partner being referred in this Chapter as an “entitled partner”) and the other civil partner is not so entitled or permitted (a “non-entitled partner”), the non-entitled partner has, subject to the provisions of this Chapter, the following rights—

The rights conferred by subsection (1) to continue to occupy or, as the case may be, to enter and occupy the family home include, without prejudice to their generality, the right to do so together with any child of the family.

In subsection (1), an “entitled partner” includes a civil partner who is entitled, or permitted by a third party, to occupy the family home along with an individual who is not the other civil partner only if that individual has waived a right of occupation in favour of the civil partner so entitled or permitted.

If the entitled partner refuses to allow the non-entitled partner to exercise the right conferred by subsection (1)(b), the non-entitled partner may exercise that right only with the leave of the Court of Session or the sheriff under section 103(3) or (4).

A non-entitled partner may renounce in writing the rights mentioned in paragraphs (a) and (b) of subsection (1) only—

A renunciation under subsection (5) has effect only if, at the time of making the renunciation, the non-entitled partner swears or affirms before a notary public that it is made freely and without coercion of any kind.

Subject to subsection (5), if—the non-entitled partner shall, on the expiry of that period, cease to have occupancy rights in the family home.

A non-entitled partner who has ceased to have occupancy rights by virtue of subsection (6A) may not apply to the court for an order under section 103(1).

In this Part—

In subsection (6), “notary public” includes any person duly authorised, by the law of the country other than Scotland in which the swearing or affirmation takes place, to administer oaths or receive affirmations in that other country.

For the purpose of securing the occupancy rights of a non-entitled partner, that partner is, in relation to a family home, entitled without the consent of the entitled partner—

Any payment made under subsection (1)(a) or any obligation performed under subsection (1)(b) has effect in relation to the rights of a third party as if the payment were made or the obligation were performed by the entitled partner; and the performance of an obligation which has been enforced under subsection (1)(c) has effect as if it had been enforced by the entitled partner.

Where there is an entitled and a non-entitled partner, the court, on the application of either of them, may, having regard in particular to the respective financial circumstances of the partners, make an order apportioning expenditure incurred or to be incurred by either partner—

Where both partners are entitled, or permitted by a third party, to occupy a family home—

Where one partner (“A”) owns or hires, or is acquiring under a hire-purchase or conditional sale agreement, furniture and plenishings in a family home—

An order under subsection (3), (4)(b) or (5)(b) may require one partner to make a payment to the other partner in implementation of the apportionment.

Any application under subsection (3), (4)(b) or (5)(b) is to be made within 5 years after the date on which any payment in respect of such incurred expenditure was made.

Where—the tenancy is continued by such possession by the non-entitled partner.

In subsection (1)(a), “secured loan” includes secured obligation (construed in accordance with section 43(1) of the Moveable Transactions (Scotland) Act 2023).

In this section “improvements” includes alterations and enlargement.

Subject to section 101(6A), Where there is an entitled and a non-entitled partner, or where both partners are entitled, or permitted by a third party, to occupy a family home, either partner may apply to the court for an order—

Where one partner owns or hires, or is acquiring under a hire-purchase or conditional sale agreement, furniture and plenishings in a family home and the other partner has occupancy rights in that home, that other person may apply to the court for an order granting to the applicant the possession or use in the family home of any such furniture and plenishings; but, subject to section 102, an order under this subsection does not prejudice the rights of any third party in relation to the non-performance of any obligation under such hire-purchase or conditional sale agreement or the rights of any secured creditor in relation to the non-performance of a secured obligation.

The court is to grant an application under subsection (1)(a) if it appears to the court that the application relates to a family home; and, on an application under any of paragraphs (b) to (e) of subsection (1) or under subsection (2), the court may make such order relating to the application as appears to it to be just and reasonable having regard to all the circumstances of the case including—

Pending the making of an order under subsection (3), the court, on the application of either partner, may make such interim order as it considers necessary or expedient in relation to—but an interim order may be made only if the non-applicant partner has been afforded an opportunity of being heard by or represented before the court.

The court is not to make an order under subsection (3) or (4) if it appears that the effect of the order would be to exclude the non-applicant partner from the family home.

If the court makes an order under subsection (3) or (4) which requires the delivery to one partner of anything which has been left in or removed from the family home, it may also grant a warrant authorising a messenger-at-arms or sheriff officer to enter the family home or other premises occupied by the other partner and to search for and take possession of the thing required to be delivered, (if need be by opening shut and lockfast places) and to deliver the thing in accordance with the order.

A warrant granted under subsection (6) is to be executed only after expiry of such period as the court is to specify in the order for delivery.

Where it appears to the court—in consequence of any act or default on the part of the other partner which was intended to result in such loss or impairment, it may order that other partner to pay to the applicant such compensation as it considers just and reasonable in respect of that loss or impairment.

A partner may renounce in writing the right to apply under subsection (2) for the possession or use of any item of furniture and plenishings.

In subsection (2)—“secured creditor” has the meaning given by section 113(1) of the Moveable Transactions (Scotland) Act 2023, and“secured obligation” is to be construed in accordance with section 43(1) of the Moveable Transactions (Scotland) Act 2023.

Where there is an entitled and non-entitled partner, or where both partners are entitled, or permitted by a third party, to occupy a family home, either partner, whether or not that partner is in occupation at the time of the application, may apply to the court for an order (in this Chapter referred to as “an exclusion order”) suspending the occupancy rights of the other partner (“the non-applicant partner”) in a family home.

Subject to subsection (3), the court is to make an exclusion order if it appears to it that to do so is necessary for the protection of the applicant or any child of the family from any conduct, or threatened or reasonably apprehended conduct, of the non-applicant partner which is or would be injurious to the physical or mental health of the applicant or child.

The court is not to make an exclusion order if it appears to it that to do so would be unjustified or unreasonable—

In making an exclusion order the court is, on the application of the applicant partner—

In making an exclusion order the court may—

Pending the making of an exclusion order, the court may, on the application of the applicant partner, make an interim order suspending the occupancy rights of the non-applicant partner in the family home to which the application for the exclusion order relates; and subsections (4) and (5) apply to such an interim order as they apply to an exclusion order.

But an interim order may be made only if the non-applicant partner has been afforded an opportunity of being heard by or represented before the court.

Without prejudice to subsections (1) and (6), where both partners are entitled, or permitted by a third party, to occupy a family home, it is incompetent for one partner to bring an action of ejection from the family home against the other partner.

The court may, on the application of either partner, vary or recall any order made by it under section 103 or 104.

Subject to subsection (3), any such order, unless previously so varied or recalled, ceases to have effect—

Without prejudice to the generality of subsection (2), an order under section 103(3) or (4) which grants the possession or use of furniture and plenishings ceases to have effect if the furniture and plenishings cease to be permitted by a third party to be retained in the family home.

Subject to subsection (3)—

The occupancy rights of a non-entitled partner in relation to a family home shall not be exercisable in relation to the home where, following a dealing of the entitled partner relating to the home—

In this section and section 107—

This section does not apply in any case where—

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.

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—

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

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

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

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

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—

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).

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—

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

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—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.

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—

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—

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.

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

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

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—