24ADuty to report suspicious civil partnerships

1

Subsection (3) applies if—

a

a registration authority to whom a notice of proposed civil partnership has been given under section 8 of the Civil Partnership Act 2004,

b

any person who, under section 8 of the 2004 Act, has attested a declaration accompanying such a notice,

c

a district registrar to whom a notice of proposed civil partnership has been given under section 88 of the 2004 Act, or

d

a registrar to whom a civil partnership notice has been given under section 139 of the 2004 Act,

has reasonable grounds for suspecting that the civil partnership will be a sham civil partnership.

2

Subsection (3) also applies if—

a

two people register as civil partners of each other under Part 2, 3 or 4 of the 2004 Act in the presence of the registrar, and

b

before, during or immediately after they do so, the registrar has reasonable grounds for suspecting that the civil partnership will be, or is, a sham civil partnership.

3

The person concerned must report his suspicion to the Secretary of State without delay and in such form and manner as may be prescribed by regulations.

4

The regulations are to be made—

a

in relation to England and Wales, by the Registrar General for England and Wales with the approval of the Chancellor of the Exchequer;

b

in relation to Scotland, by the Secretary of State after consulting the Registrar General of Births, Deaths and Marriages for Scotland;

c

in relation to Northern Ireland, by the Secretary of State after consulting the Registrar General in Northern Ireland.

5

“Sham civil partnership” means a civil partnership (whether or not void)—

a

formed between a person (“A”) who is neither a British citizen nor a national of an EEA State other than the United Kingdom and another person (whether or not such a citizen or such a national), and

b

formed by A for the purpose of avoiding the effect of one or more provisions of United Kingdom immigration law or the immigration rules.

6

“The registrar” means—

a

in relation to England and Wales, the civil partnership registrar acting under Part 2 of the 2004 Act;

b

in relation to Scotland, the authorised registrar acting under Part 3 of the 2004 Act;

c

in relation to Northern Ireland, the registrar acting under Part 4 of the 2004 Act.