Explanatory note

Section 210 of the Civil Partnership Act 2004 empowers Her Majesty, by Order in Council, to make provision for two people to register as civil partners of each other in prescribed countries or territories outside the United Kingdom in the presence of a prescribed officer of Her Majesty’s Diplomatic Service.

The conditions under which registration may take place are set out in articles 3 to 10 of the Order. These include the physical act of registration, the giving of notice and the requirement of consent. Article 12 provides that, once registration of the partnership has taken place, it shall not be required to prove certain matters to ascertain its validity. Article 13 allows the Secretary of State, in special cases, to dispense with certain formal requirements.

Section 240 of the Civil Partnership Act 2004 empowers Her Majesty, by Order in Council, to make provision for the issue of certificates of no impediment in respect of UK nationals and Commonwealth citizens who wish to enter into overseas relationships. Article 17 provides for this.

Section 241 of the Civil Partnership Act 2004 empowers Her Majesty, by Order in Council, to make provision for the transmission to the UK of certificates of registration of overseas relationships. This is done at article 15. Article 14 provides for the transmission to the UK of civil partnership documents in respect of civil partnerships registered under the Order.

Articles 18 and 19 respectively set out rules on jurisdiction and refer to the forms contained in the Schedule. Article 11 cross-refers to the fee regime in respect of the Order which will be established under the Consular Fees Act 1980.