HL Deb 17 November 2004 vol 666 cc1503-4

Application of this Part

3 This Part of this Schedule applies if the civil partnership is to be formed in England and Wales by signing a civil partnership schedule.

Procedure for giving notice of proposed civil partnership

4 (1) Each notice of proposed civil partnership under Chapter 1 of Part 2 of this Act—

  1. (a) must be given to a registration authority specified for the purposes of this paragraph by regulations made by the Secretary of State, and
  2. (b) must be delivered to the relevant individual in person by the two proposed civil partners.

(2) "The relevant individual" means such employee or officer or other person provided by the specified registration authority as is determined in accordance with regulations made by the Secretary of State for the purposes of this sub-paragraph. (3) Regulations under sub-paragraph (2) may, in particular, describe a person by reference to the location or office where he works. (4) Before making any regulations under this paragraph the Secretary of State must consult the Registrar General.

Declaration 5

The necessary declaration under section 9 must include a statement that the person subject to immigration control fulfils the qualifying condition (and the reason why).

Recording of notice

6 (1) The fact that a notice of proposed civil partnership has been given must not be recorded in the register unless the registration authority is satisfied by the production of specified evidence that the person fulfils the qualifying condition.

(2) "Specified evidence" means such evidence as may be specified in guidance issued by the Registrar General.

Supplementary

7 (1) Part 2 of this Act has effect in any case where this Part of this Schedule applies subject to any necessary modification.

(2) In particular section 52 has effect as if the matters proof of which is not necessary in support of the civil partnership included compliance with this Part of this Schedule. (3) An expression used in this Part of this Schedule and in Chapter 1 of Part 2 of this Act has the same meaning as in that Chapter.
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