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The Civil Partnership (Opposite-sex Couples) Regulations 2019

S.I. 2019/1458 · Made 5 November 2019 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 16 September 2024.

Civil Partnership, England And Wales

Made 5th November 2019

Coming into force in accordance with regulation 1(2)

The Secretary of State makes these Regulations in exercise of the powers conferred by sections 2(1), (3), (5) and (7) and 5(2), (4) and (5) of the Civil Partnerships, Marriages and Deaths (Registration etc) Act 2019f1, section 64(1) and (2) of the Human Fertilisation and Embryology Act 2008f2, and section 17(2) and (3) of the Marriage (Same Sex Couples) Act 2013f3.

The Secretary of State has carried out consultation in accordance with section 2(6) of the Civil Partnerships, Marriages and Deaths (Registration etc) Act 2019.

The Welsh Ministers have been consulted in accordance with section 64(6) of the Human Fertilisation and Embryology Act 2008f4.

A draft of this instrument has been laid before, and approved by a resolution of, each House of Parliament in accordance with section 5(7) of the Civil Partnerships, Marriages and Deaths (Registration etc) Act 2019, section 62(3) of the Human Fertilisation and Embryology Act 2008, and section 18(2) of the Marriage (Same Sex Couples) Act 2013.

Annotations to the whole text

Footnotes

f1

2019 c. 12.

f2

2008 c. 22.

f3

2013 c. 30.

f4

Section 64(6) was amended by the Wales Act 2017 (c. 4), Schedule 6, paragraph 72.

Contents

  1. Part 1: Introductory provision
  2. 1Citation and commencement
  3. 2Extent
  4. Part 2: Extension of civil partnership to opposite-sex couples in England and Wales
  5. 3Amendment of definition of civil partnership
  6. 4Formation of civil partnerships by opposite-sex couples in England and Wales
  7. 5Treatment of opposite-sex overseas relationships as civil partnerships
  8. 6Transitional provision in relation to opposite-sex overseas relationships
  9. Part 3: Religious protection
  10. 7Approval of religious premises for formation of civil partnership
  11. 8Regulation 8
  12. 9Protection against compulsion in relation to religious involvement in civil partnership
  13. 10Regulation 10
  14. 11Religious employment of persons in same-sex or opposite-sex civil partnerships
  15. Part 4: Parenthood
  16. 12Legitimacy of children of civil partners
  17. 13Regulation 13
  18. 14Regulation 14
  19. 15Parental responsibility of civil partners
  20. 16Parental status of civil partners in cases of assisted reproduction
  21. 17Registration of birth of children of civil partners
  22. 18Regulation 18
  23. 19Regulation 19
  24. 20Regulation 20
  25. 21Regulation 21
  26. 22Status of male civil partners as fathers for purposes of nationality law
  27. Part 5: Gender recognition
  28. 23Gender Recognition Act 2004 amended
  29. 24Ordinary applications: evidence about civil partnership
  30. 25Applications on alternative ground: evidence about civil partnership
  31. 26Grant of full gender recognition certificate to one civil partner with consent of other partner
  32. 27Grant of full certificate where other civil partner consents after interim certificate issued
  33. 28Regulation 28
  34. 29Grant of full gender recognition certificate after death of civil partner while section 4A application pending
  35. 30Removal of requirement for both civil partners to obtain full gender recognition certificate
  36. 31Applications by civil partners to quash certificates secured by fraud
  37. 32Continuity of civil partnership on change of gender
  38. 33Amendment of definition relating to civil partnership to include overseas relationships
  39. 34Regulations about registration of civil partnership following a change of gender by either party
  40. 35Transitional provision about applications
  41. 36Registration of civil partnership following a change of gender by either party
  42. Part 6: Miscellaneous amendments
  43. 37Limitation of right to convert civil partnership into marriage to same-sex couples
  44. 38Registration of civil partnerships abroad
  45. 39Recognition of overseas dissolution etc. granted outside country of domicile
  46. 40Regulation 40
  47. 41Consequential and related amendments
  48. Signature
  49. Schedule 1Specified overseas relationships: opposite-sex relationships
  50. Schedule 2: Transitional provision in relation to opposite-sex overseas relationships
  51. 1Interpretation
  52. 2Requirements as to other relationships in order for pre-commencement relationships to be recognised as civil partnerships
  53. 3Treatment as civil partnership for certain purposes of relationships terminated before commencement
  54. 4Transitional modifications of the Civil Partnership Act 2004 to do with dissolution, financial matters etc.
  55. 5Pre-commencement wills not to be revoked by virtue of recognition of pre-commencement relationships as civil partnerships
  56. 6Disapplication of earlier transitional provision
  57. Schedule 3: Consequential and related amendments
  58. Part 1: Primary legislation
  59. 1Population (Statistics) Act 1938
  60. 2Children and Young Persons Act 1969
  61. 3Inheritance (Provision for Family and Dependants) Act 1975
  62. 4Rent (Agriculture) Act 1976
  63. 5Rent Act 1977
  64. 6Interpretation Act 1978
  65. 7Pneumoconiosis etc (Workers’ Compensation) Act 1979
  66. 8Mobile Homes Act 1983
  67. 9Child Abduction Act 1984
  68. 10Housing Act 1985
  69. 11Landlord and Tenant Act 1987
  70. 12Housing Act 1988
  71. 13Child Support Act 1991
  72. 14Social Security Contributions and Benefits Act 1992
  73. 15Taxation of Chargeable Gains Act 1992
  74. 16Local Government Finance Act 1992
  75. 17Pension Schemes Act 1993
  76. 18Jobseekers Act 1995
  77. 19Family Law Act 1996
  78. 20Housing Act 1996
  79. 21Social Security Act 1998
  80. 22State Pension Credit Act 2002
  81. 23Tax Credits Act 2002
  82. 24Adoption and Children Act 2002
  83. 25Income Tax (Earnings and Pensions) Act 2003
  84. 26Housing Act 2004
  85. 27Income Tax (Trading and Other Income) Act 2005
  86. 28Mental Capacity Act 2005
  87. 29Income Tax Act 2007
  88. 30Welfare Reform Act 2007
  89. 31Corporation Tax Act 2010
  90. 32Equality Act 2010
  91. 33Localism Act 2011
  92. 34Charities Act 2011
  93. 35Welfare Reform Act 2012
  94. 36Finance Act 2013
  95. Part 2: Secondary legislation
  96. 37Social Security (Credits) Regulations 1975
  97. 38Social Security Benefit (Dependency) Regulations 1977
  98. 39Vaccine Damage Payments Regulations 1979
  99. 40Income Support (General) Regulations 1987
  100. 41Social Security (Claims and Payments) Regulations 1987
  101. 42Council Tax (Additional Provisions for Discount Disregards) Regulations 1992
  102. 43Council Tax (Exempt Dwellings) Order 1992
  103. 44Child Support (Collection and Enforcement) Regulations 1992
  104. 45Social Security (Incapacity for Work) (General) Regulations 1995
  105. 46Education (Grants) (Music, Ballet and Choir Schools) Regulations 1995
  106. 47Jobseeker’s Allowance Regulations 1996
  107. 48Occupational Pension Schemes (Contracting-out) Regulations 1996
  108. 49Social Security Benefit (Computation of Earnings) Regulations 1996
  109. 50Housing Renewal Grants Regulations 1996
  110. 51Social Security (Child Maintenance Bonus) Regulations 1996
  111. 52Occupational Pension Schemes (Discharge of Liability) Regulations 1997
  112. 53Council Tax (Prescribed Classes of Dwellings) (Wales) Regulations 1998
  113. 54Social Security and Child Support (Decisions and Appeals) Regulations 1999
  114. 55General Chiropractic Council (Registration) Rules 1999
  115. 56Asylum Support Regulations 2000
  116. 57Social Security Contributions (Intermediaries) Regulations 2000
  117. 58Social Fund Winter Fuel Payment Regulations 2000 Repealed
  118. 59Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001
  119. 60Registration of Social Care and Independent Health Care (Wales) Regulations 2002
  120. 61State Pension Credit Regulations 2002
  121. 62Withholding and Withdrawal of Support (Travel Assistance and Temporary Accommodation) Regulations 2002
  122. 63Tax Credits (Appeals) (No 2) Regulations 2002
  123. 64Child Benefit and Guardian’s Allowance (Administration) Regulations 2003
  124. 65Guardian’s Allowance (General) Regulations 2003
  125. 66Social Security (Jobcentre Plus Interviews for Partners) Regulations 2003
  126. 67Service Charges (Consultation Requirements) (England) Regulations 2003
  127. 68Council Tax (Prescribed Classes of Dwellings) (England) Regulations 2003
  128. 69Leasehold Valuation Tribunals (Fees) (Wales) Regulations 2004
  129. 70Service Charges (Consultation Requirements) (Wales) Regulations 2004
  130. 71Adoption Agencies Regulations 2005
  131. 72Pension Protection Fund (Compensation) Regulations 2005
  132. 73Disclosure of Adoption Information (Post-Commencement Adoptions) Regulations 2005
  133. 74Adoption Information and Intermediary Services (Pre-Commencement Adoptions) Regulations 2005
  134. 75Special Guardianship Regulations 2005
  135. 76Adoption Agencies (Wales) Regulations 2005
  136. 77Special Guardianship (Wales) Regulations 2005
  137. 78Financial Assistance Scheme Regulations 2005
  138. 79Access to Information (Post-Commencement Adoptions) (Wales) Regulations 2005
  139. 80Adoption Information and Intermediary Services (Pre-Commencement Adoptions) (Wales) Regulations 2005
  140. 81Social Fund Maternity and Funeral Expenses (General) Regulations 2005
  141. 82Housing Benefit Regulations 2006
  142. 83Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006
  143. 84Child Benefit (General) Regulations 2006
  144. 85Selective Licensing of Houses (Specified Exemptions) (England) Order 2006
  145. 86Pension Protection Fund (General and Miscellaneous Amendments) Regulations 2006
  146. 87Selective Licensing of Houses (Specified Exemptions) (Wales) Order 2006
  147. 88Integration Loans for Refugees and Others Regulations 2007
  148. 89Digital Switchover (Disclosure of Information) Act 2007 (Prescription of Information) Order 2007
  149. 90Employment and Support Allowance Regulations 2008
  150. 91Care Standards Act 2000 (Registration) (England) Regulations 2010
  151. 92Child Minding and Day Care (Wales) Regulations 2010
  152. 93Pension Protection Fund (Pension Compensation Sharing and Attachment on Divorce etc) Regulations 2011
  153. 94Warm Home Discount Regulations 2011
  154. 95Disclosure of State Pension Credit Information (Warm Home Discount) Regulations 2011
  155. 96Council Tax Reduction Schemes (Default Scheme) (England) Regulations 2012
  156. 97Jobseeker’s Allowance Regulations 2013
  157. 98Employment and Support Allowance Regulations 2013
  158. 99Council Tax (Reductions for Annexes) (England) Regulations 2013
  159. 100State Pension Regulations 2015
  160. 101Occupational Pension Schemes (Schemes that were Contracted-out) (No. 2) Regulations 2015
  161. 102Council Tax (Exceptions to Higher Amounts) (Wales) Regulations 2015
  162. 103Residential Property Tribunal Procedures and Fees (Wales) Regulations 2016
  163. 104Combined Authorities (Overview and Scrutiny Committees, Access to Information and Audit Committees) Order 2017
  164. 105Electricity and Gas (Energy Company Obligation) Order 2018
  165. Part 3: Pension schemes
  166. 106Personal Injuries (Civilians) Scheme 1983
  167. 107National Health Service Pension Scheme Regulations 1995
  168. 108Armed Forces Pension Scheme Order 2005
  169. 109Reserve Forces Pension Scheme Regulations 2005
  170. 110Naval, Military and Air Forces etc (Disablement and Death) Service Pensions Order 2006
  171. 111Naval and Marine Pensions (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) Order 2010
  172. 112Army Pensions (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) Warrant 2010
  173. 113Air Force (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) Order 2010
  174. 114Armed Forces (Redundancy, Resettlement and Gratuity Earnings Schemes) (No 2) Order 2010
  175. 115Teachers’ Pensions Regulations 2010
  176. 116Reserve Forces Non Regular Permanent Staff (Pension and Attributable Benefits Schemes) Regulations 2011
  177. Explanatory note