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The Immigration (Procedure for Formation of Civil Partnerships) Regulations 2011

S.I. 2011/2679 · Made 7 November 2011 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 1 July 2021.

Immigration

Made 7th November 2011

Laid before Parliament 10th November 2011

Coming into force 1st December 2011

The Secretary of State makes the following Regulations in exercise of the powers conferred by paragraphs, 4, 9, 13 and 16(3)(a) of Schedule 23 to the Civil Partnership Act 2004f1.

In accordance with paragraphs 4(4), 9(2) and 13(2) of Schedule 23 to the Civil Partnership Act 2004 she has consulted with the Registrar General.

Annotations to the whole text

Footnotes

f1

2004 c.33.

Contents

  1. 1Citation, commencement and interpretation
  2. 2Specified registration authorities in England and Wales
  3. 3Specified registration districts in Scotland
  4. 4Prescribed registrars in Northern Ireland
  5. 5Revocation
  6. Signature
  7. Schedule SPECIFIED REGISTRATION AUTHORITIES IN ENGLAND AND WALES Repealed
  8. Explanatory note

1Citation, commencement and interpretationI1

(1)

These Regulations may be cited as the Immigration (Procedure for Formation of Civil Partnerships) Regulations 2011 and shall come into force on 1 December 2011.

(2)

In these Regulations—

(a)

“the 2004 Act” means the Civil Partnership Act 2004; and

(b)

“civil partnership” means a civil partnership which exists under or by virtue of the 2004 Act.

2Specified registration authorities in England and WalesI1

F1(1)

Every registration authority in England and Wales is specified for the purposes of paragraph 4(1)(a) of Schedule 23 to the 2004 Act.

(2)

An employee or officer or other person provided by a specified registration authority is a “relevant individual” for the purposes of paragraph 4(1)(b) and (2) of Schedule 23 to the 2004 Act if he or she F2is authorised by that authority to attest notices of proposed civil partnership.

3Specified registration districts in ScotlandI1

Every registration district in Scotland is specified for the purposes of paragraph 9(1)(a) of Schedule 23 to the 2004 Act.

4Prescribed registrars in Northern IrelandI1

The registrar of every register office in Northern Ireland is prescribed for the purposes of paragraph 13(1)(a) of Schedule 23 to the 2004 Act.

5RevocationI1

These regulations revoke the Immigration (Procedure for Formation of Civil Partnerships) Regulations 2005f1.

Signature

Damian Green

Minister of State

Home Office

7th November 2011

SPECIFIED REGISTRATION AUTHORITIES IN ENGLAND AND WALESF1

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

Explanatory note

(This note is not part of the Regulations)

Schedule 23 to the Civil Partnership Act 2004 (“the 2004 Act”) makes provisions for certain procedures to be followed where a civil partnership is to be formed in the United Kingdom. If the civil partnership is to be formed in England and Wales, paragraph 4(1)(a) of Schedule 23 requires that the notice of proposed civil partnership must be given to a specified registration authority and must be delivered to the relevant individual in person by the two proposed civil partners. By regulation 2(1), the registration authorities in England and Wales listed in the left-hand column of the Schedule are specified for the purposes of paragraph 4(1) of Schedule 23 to the 2004 Act, and regulation 2(2) defines the relevant individual to whom notice must be delivered by reference to the register offices listed in the right-hand column of the Schedule.

If the civil partnership is to be formed in Scotland, paragraph 9(1) of Schedule 23 requires that notice must be given to the district registrar of a specified registration district, and similarly if the civil partnership is to be formed in Northern Ireland, paragraph 13(1) of Schedule 23 requires that notice must be given to a prescribed registrar. By regulation 3 every registration district in Scotland is specified for the purposes of paragraph 9(1) of Schedule 23 to the 2004 Act, and by regulation 4 the registrar of every register office in Northern Ireland is prescribed for the purposes of paragraph 13(1) of Schedule 23 to the 2004 Act.

These regulations revoke and replace the Immigration (Procedure for Formation of Civil Partnerships) Regulations 2005 (S.I 2005/2917). They update the list of register offices specified for registration authorities and also reflect the withdrawal of the requirement to seek the Secretary of State’s permission to form a civil partnership following the Immigration (Treatment of Claimants, etc.) Act 2004 (Remedial) Order 2011 (S.I. 2011/1158).

A full regulatory impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.