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Civil Partnership Act 2004
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- 2004 c. 33
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Changes to legislation:
Civil Partnership Act 2004, SCHEDULE 23 is up to date with all changes known to be in force on or before 16 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 102(8A) inserted by 2023 asp 3 s. 56(2)
- s. 103(10) inserted by 2023 asp 3 s. 56(5)
- s. 108(5) inserted by 2023 asp 3 s. 56(8)
- s. 213(1A) inserted by 2013 c. 30 Sch. 2 para. 5(2)
Section 249
SCHEDULE 23E+WImmigration control and formation of civil partnerships
This schedule has no associated Explanatory Notes
Part 1E+WIntroduction
Application of ScheduleE+W
[F1A1(1)Part 2 of this Schedule applies to a civil partnership that is to be formed in England and Wales by signing a civil partnership schedule unless each party to the civil partnership falls within exception A or exception B.E+W
(2)A party to the civil partnership falls within exception A if the person is a relevant national.
(3)A party to the civil partnership falls within exception B if—
(a)the person is exempt from immigration control, and
(b)the notice of civil partnership is accompanied by the specified evidence required by section 9A(2) that the person is exempt from immigration control.
(4)In this [F2Schedule], a reference to a person being a relevant national, or being exempt from immigration control, has the same meaning as in section 49 of the Immigration Act 2014.]
Textual Amendments
F1Sch. 23 para. A1 inserted (1.3.2015) by Immigration Act 2014 (c. 22), ss. 58(5), 75(3); S.I. 2015/371, art. 2(1)(j) (with art. 6)
F2Word in Sch. 23 para. A1(4) substituted (1.3.2015) by The Referral and Investigation of Proposed Marriages and Civil Partnerships (Northern Ireland and Miscellaneous Provisions) Order 2015 (S.I. 2015/395), art. 1(2), Sch. 3 para. 8(a) (with art. 1(3))
[F31[F4(1A) Part 3 of this Schedule applies if—E+W
(a)two people wish to register in Scotland as civil partners of each other, and
(b)one of them is subject to immigration control.
(1B)Part 4 of this Schedule applies if—
(a)two people wish to register in Northern Ireland as civil partners of each other, and
(b)one of them is subject to immigration control.]
(2)Part 4 of this Schedule applies to a civil partnership that is to be formed in Northern Ireland by signing a civil partnership schedule unless each party to the civil partnership falls within exception A or exception B.
(3)A party to the civil partnership falls within exception A if the person is a relevant national.
(4)A party to the civil partnership falls within exception B if—
(a)the person is exempt from immigration control, and
(b)the notice of civil partnership is accompanied by the evidence required by regulations made under section 54(2) of, and paragraph 3 of Schedule 5 to, the Immigration Act 2014.]
Textual Amendments
F3Sch. 23 para. 1 substituted (1.3.2015) by The Referral and Investigation of Proposed Marriages and Civil Partnerships (Northern Ireland and Miscellaneous Provisions) Order 2015 (S.I. 2015/395), art. 1(2), Sch. 3 para. 8(b) (with art. 1(3))
F4Sch. 23 para. 1(1A)(1B) substituted for Sch. 23 para. 1(1) (1.3.2015) by Immigration Act 2014 (c. 22), ss. 58(6), 75(3); S.I. 2015/371, art. 2(1)(j) (with art. 6)
The qualifying conditionE+W
2U.K.F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F5Sch. 23 para. 2 repealed (9.5.2011) by The Asylum and Immigration (Treatment of Claimants, etc) Act 2004 (Remedial) Order 2011 (S.I. 2011/1158), art. 5(1)(a)
Part 2E+WEngland and Wales
Application of this PartE+W
[F63E+WThis Part of this Schedule applies as mentioned in paragraph A1.]
Textual Amendments
F6Sch. 23 para. 3 substituted (1.3.2015) by Immigration Act 2014 (c. 22), ss. 58(7), 75(3); S.I. 2015/371, art. 2(1)(j) (with art. 6)
Procedure for giving notice of proposed civil partnershipE+W
4(1)Each notice of proposed civil partnership under Chapter 1 of Part 2 of this Act—U.K.
(a)must be given to a registration authority [F7which is] specified for the purposes of this paragraph by regulations made by the Secretary of State [F8and is the appropriate registration authority], F9. . .
(b)must be delivered to the relevant individual in person by the two proposed civil partners.
[F10(c)may be given only if each of the proposed civil partners has been resident in the area of a registration authority for the period of 7 days immediately before the giving of his or her notice (but the area need not be that of the registration authority to which the notice is given and the proposed civil partners need not have resided in the area of same registration authority), and
(d)must state, in relation to each of the proposed civil partners, the registration authority by reference to the area of which paragraph (c) is satisfied.]
(2)“The relevant individual” means such employee or officer or other person provided by the [F11appropriate] 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.
[F12(3A)For the purposes of this paragraph, “the appropriate registration authority” means—
(a)if the proposed civil partners have resided in the area of the same specified registration authority for the period of 7 days immediately before the giving of the notice (“the 7 day period”), that specified registration authority, or
(b)if one or both of the proposed civil partners have resided in the area of a specified registration authority (but not the same specified registration authority) for the 7 day period, the specified registration authority of the area in which one of them has resided for that period, or
(c)if neither of the proposed civil partners has resided in the area of a specified registration authority for the 7 day period, any specified registration authority.
(3B)In sub-paragraph (3A), “specified registration authority” means a registration authority specified for the purposes of sub-paragraph (1)(a) by regulations made under that provision.]
(4)Before making any regulations under this paragraph the Secretary of State must consult the Registrar General.
Textual Amendments
F7Words in Sch. 23 para. 4(1)(a) inserted (1.7.2021) by The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1309), regs. 1(2)(c), 16(5)(a)(i) (with Sch. 5 para. 9(2))
F8Words in Sch. 23 para. 4(1)(a) inserted (1.7.2021) by The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1309), regs. 1(2)(c), 16(5)(a)(ii) (with Sch. 5 para. 9(2))
F9Word in Sch. 23 para. 4(1)(a) omitted (5.12.2005) by virtue of The Civil Partnership (Amendments to Registration Provisions) Order 2005 (S.I. 2005/2000), art. 3, Sch. para. 19(2)(a) (subject to art. 1(2)(3))
F10Sch. 23 para. 4(1)(c)(d) inserted (5.12.2005) by The Civil Partnership (Amendments to Registration Provisions) Order 2005 (S.I. 2005/2000), art. 3, Sch. para. 19(2)(b) (subject to art. 1(2)(3))
F11Word in Sch. 23 para. 4(2) substituted (1.7.2021) by The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1309), regs. 1(2)(c), 16(5)(b) (with Sch. 5 para. 9(2))
F12Sch. 23 para. 4(3A)(3B) inserted (1.7.2021) by The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1309), regs. 1(2)(c), 16(5)(c) (with Sch. 5 para. 9(2))
Commencement Information
I1Sch. 23 para. 4 wholly in force at 5.12.2005; Sch. 23 para. 4 not in force at Royal Assent see s. 263; Sch. 23 para. 4 in force for certain purposes at 15.4.2005 by S.I. 2005/1112, art. 2, Sch. 1 and Sch. 23 para. 4 in force otherwise at 5.12.2005 by S.I. 2005/3175, art. 2(1), Sch. 1
DeclarationE+W
5U.K.F13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F13Sch. 23 para. 5 repealed (9.5.2011) by The Asylum and Immigration (Treatment of Claimants, etc) Act 2004 (Remedial) Order 2011 (S.I. 2011/1158), art. 5(1)(b)
Recording of noticeE+W
6U.K.F14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F14Sch. 23 para. 6 repealed (9.5.2011) by The Asylum and Immigration (Treatment of Claimants, etc) Act 2004 (Remedial) Order 2011 (S.I. 2011/1158), art. 5(1)(b)
SupplementaryE+W
7(1)Part 2 of this Act has effect in any case where this Part of this Schedule applies subject to any necessary modification.U.K.
(2)In particular [F15—
(a)section 8(4)(b) has effect as if it required a declaration that the notice of proposed civil partnership is given in compliance with paragraph 4(1) above, and
(b)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.
Textual Amendments
F15Words in Sch. 23 para. 7(2) inserted (5.12.2005) by The Civil Partnership (Amendments to Registration Provisions) Order 2005 (S.I. 2005/2000), art. 3, Sch. para. 19(3) (subject to art. 1(2)(3))
Part 3E+WScotland
Application of this PartE+W
[F168E+WThis Part of this Schedule applies as mentioned in paragraph [F171(1)].]
Textual Amendments
F16Sch. 23 para. 8 substituted (1.3.2015) by Immigration Act 2014 (c. 22), ss. 58(8), 75(3); S.I. 2015/371, art. 2(1)(j) (with art. 6)
F17Word in Sch. 23 para. 8 substituted (1.3.2015) by The Referral and Investigation of Proposed Marriages and Civil Partnerships (Northern Ireland and Miscellaneous Provisions) Order 2015 (S.I. 2015/395), art. 1(2), Sch. 3 para. 8(c) (with art. 1(3))
Procedure for giving notice of proposed civil partnershipE+W
9(1)Notice under section 88—E+W
(a)may be submitted to the district registrar of a district specified for the purposes of this paragraph by regulations made by the Secretary of State, and
(b)may not be submitted to the district registrar of any other registration district.
(2)Before making any regulations under this paragraph the Secretary of State must consult the Registrar General.
Commencement Information
I2Sch. 23 para. 9 wholly in force at 5.12.2005; Sch. 23 para. 9 not in force at Royal Assent see s. 263; Sch. 23 para. 9 in force for certain purposes at 15.4.2005 by S.I. 2005/1112, art. 2, Sch. 1 and Sch. 23 para. 9 in force otherwise at 5.12.2005 by S.I. 2005/3175, art. 2(1), Sch. 1
Pre-condition for making entry in civil partnership notice book etc.E+W
10(1)F18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.
(2)Where the district registrar to whom notice is [F19submitted by virtue of paragraph 9(1)] (here the “notified registrar”) is not the district registrar for the proposed place of registration (here the “second registrar”)—
(a)the notified registrar shall F20. . . send the notices and any fee, [F21paid, or any certificate or declaration submitted, in pursuance of section 88 in relation to the proposed civil partnership], to the second registrar, and
(b)the second registrar shall be treated as having received the notices from the intended partners on the dates on which the notified registrar received them.
(3)F22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F18Sch. 23 para. 10(1) repealed (9.5.2011) by The Asylum and Immigration (Treatment of Claimants, etc) Act 2004 (Remedial) Order 2011 (S.I. 2011/1158), art. 5(1)(c)
F19Words in Sch. 23 para. 10(2) substituted (9.5.2011) by The Asylum and Immigration (Treatment of Claimants, etc) Act 2004 (Remedial) Order 2011 (S.I. 2011/1158), art. 5(2)
F20Words in Sch. 23 para. 10(2)(a) repealed (9.5.2011) by The Asylum and Immigration (Treatment of Claimants, etc) Act 2004 (Remedial) Order 2011 (S.I. 2011/1158), art. 5(1)(d)
F21Words in Sch. 23 para. 10(2)(a) substituted (S.) (1.1.2007) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 59(5), 63(2); S.S.I. 2006/469, art. 3, Sch. 2
F22Sch. 23 para. 10(3) repealed (9.5.2011) by The Asylum and Immigration (Treatment of Claimants, etc) Act 2004 (Remedial) Order 2011 (S.I. 2011/1158), art. 5(1)(e)
Commencement Information
I3Sch. 23 para. 10 wholly in force at 5.12.2005; Sch. 23 para. 10 not in force at Royal Assent see s. 263; Sch. 23 para. 10(1)(3) in force for certain purposes at 15.4.2005 by S.I. 2005/1112, art. 2, Sch. 1 and Sch. 23 para. 10 in force otherwise at 5.12.2005 by S.I. 2005/3175, art. 2(1), Sch. 1
SupplementaryE+W
11(1)Part 3 of this Act has effect in any case where this Part of this Schedule applies subject to any necessary modification.E+W
(2)An expression used in this Part of this Schedule and in Part 3 of this Act has the same meaning as in that Part.
Part 4E+WNorthern Ireland
Application of this PartE+W
[F2312E+WThis Part of this Schedule applies as mentioned in paragraph [F241(2)].]
Textual Amendments
F23Sch. 23 para. 12 substituted (1.3.2015) by Immigration Act 2014 (c. 22), ss. 58(9), 75(3); S.I. 2015/371, art. 2(1)(j) (with art. 6)
F24Word in Sch. 23 para. 12 substituted (1.3.2015) by The Referral and Investigation of Proposed Marriages and Civil Partnerships (Northern Ireland and Miscellaneous Provisions) Order 2015 (S.I. 2015/395), art. 1(2), Sch. 3 para. 8(d) (with art. 1(3))
Procedure for giving civil partnership noticesE+W
13(1)The civil partnership notices must be given—E+W
(a)only to a prescribed registrar, and
(b)in prescribed cases by both parties together in person at a prescribed register office.
(2)Before making any regulations under this paragraph the Secretary of State must consult the Registrar General.
Commencement Information
I4Sch. 23 para. 13 wholly in force at 5.12.2005; Sch. 23 para. 13 not in force at Royal Assent see s. 263; Sch. 23 para. 13 in force for certain purposes at 15.4.2005 by S.I. 2005/1112, art. 2, Sch. 1 and Sch. 23 para. 13 in force otherwise at 5.12.2005 by S.I. 2005/3175, art. 2(1), Sch. 1
Accompanying statement as to the qualifying conditionE+W
14U.K.F25. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F25Sch. 23 para. 14 repealed (9.5.2011) by The Asylum and Immigration (Treatment of Claimants, etc) Act 2004 (Remedial) Order 2011 (S.I. 2011/1158), art. 5(1)(f)
Civil partnership notice book and civil partnership scheduleE+W
15(1)F26. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.
(2)If the prescribed registrar F27. . . is not the registrar for the purposes of section 140(1), the prescribed registrar must send him the civil partnership notices and he is to be treated as having received them when the prescribed registrar received them.
(3)F28. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F26Sch. 23 para. 15(1) repealed (9.5.2011) by The Asylum and Immigration (Treatment of Claimants, etc) Act 2004 (Remedial) Order 2011 (S.I. 2011/1158), art. 5(1)(g)
F27Words in Sch. 23 para. 15(2) repealed (9.5.2011) by The Asylum and Immigration (Treatment of Claimants, etc) Act 2004 (Remedial) Order 2011 (S.I. 2011/1158), art. 5(1)(h)
F28Sch. 23 para. 15(3) repealed (9.5.2011) by The Asylum and Immigration (Treatment of Claimants, etc) Act 2004 (Remedial) Order 2011 (S.I. 2011/1158), art. 5(1)(i)
Commencement Information
I5Sch. 23 para. 15 wholly in force at 5.12.2005; Sch. 23 para. 15 not in force at Royal Assent see s. 263; Sch. 23 para. 15(1)(3) in force for certain purposes at 15.4.2005 by S.I. 2005/1112, art. 2, Sch. 1 and Sch. 23 para. 15 in force otherwise at 5.12.2005 by S.I. 2005/3175, art. 2(1), Sch. 1
SupplementaryE+W
16(1)Part 4 of this Act has effect in any case where this Part of this Schedule applies subject to any necessary modification.E+W
(2)In particular, section 176 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)In this Part of this Schedule—
(a)“prescribed” means prescribed by regulations made by the Secretary of State;
(b)“registrar” means a person appointed under section 152(1)(a) or (b) or (3);
(c)other expressions have the same meaning as in Chapter 1 of Part 4 of this Act.
(4)Section 18(3) of the Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.)) (provisions as to holders of offices) shall apply to this Part of this Schedule as if it were an enactment within the meaning of that Act.
Commencement Information
I6Sch. 23 para. 16 wholly in force at 5.12.2005; Sch. 23 para. 16 not in force at Royal Assent see s. 263; Sch. 23 para. 16(3)(a) in force for certain purposes at 15.4.2005 by S.I. 2005/1112, art. 2, Sch. 1 and Sch. 23 para. 16 in force otherwise at 5.12.2005 by S.I. 2005/3175, art. 2(1), Sch. 1
Part 5E+WRegulations
17E+WAny power to make regulations under this Schedule is exercisable by statutory instrument which is subject to annulment in pursuance of a resolution of either House of Parliament.
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