Explanatory note

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.