2 Formation of civil partnership by registration
(1) For the purposes of section 1, two people are to be regarded
as having registered as civil partners of each other once each of
them has signed the
civil partnership document-
(a) at the invitation of, and in the presence of, a civil partnership
registrar, and
(b) in the presence of each other and two witnesses.
(2) Subsection (1) applies regardless of whether subsections (3) and
(4) are complied with.
(3) After the civil partnership document has been signed under subsection
(1), it must also be signed, in the presence of the civil partners and
each other, by-
(a) each of the two witnesses, and
(b) the civil partnership registrar.
(4) After the witnesses and the civil partnership registrar have signed
the civil partnership document, the relevant registration authority must
ensure
that-
(a) the fact that the two people have registered as civil partners of
each other, and
(b) any other information prescribed by regulations,
is recorded in the register as soon as is practicable.
(5) No religious service is to be used while the civil partnership registrar
is officiating at the signing of a civil partnership document.
(6) "The civil partnership document" has the meaning given
by section 7(1).
(7) "The relevant registration authority" means the registration
authority in whose area the registration takes place.
3 Eligibility
(1) Two people are not eligible to register as civil partners of each
other if-
(a) they are not of the same sex,
(b) either of them is already a civil partner or lawfully married,
(c) either of them is under 16, or
(d) they are within prohibited degrees of relationship.
(2) Part 1 of Schedule 1 contains provisions for determining when two
people are within prohibited degrees of relationship.
4 Parental etc. consent where proposed civil partner under 18
(1) The consent of the appropriate persons is required before a child
and another person may register as civil partners of each other.
(2) Part 1 of Schedule 2 contains provisions for determining who are
the appropriate persons for the purposes of this section.
(3) The requirement of consent under subsection (1) does not apply if
the child is a surviving civil partner.
(4) Nothing in this section affects any need to obtain the consent of
the High Court before a ward of court and another person may register
as civil
partners of each other.
(5) In this Part "child", except where used to express a relationship,
means a person who is under 18.
5 Types of pre-registration procedure
(1) Two people may register as civil partners of each other under-
(a) the standard procedure;
(b) the procedure for house-bound persons;
(c) the procedure for detained persons;
(d) the special procedure (which is for cases where a person is seriously
ill and not expected to recover).
(2) The procedures referred to in subsection (1)(a) to (c) are subject
to-
(a) section 20 (modified procedures for certain non-residents);
(b) Schedule 3 (former spouses one of whom has changed sex).
(3) The procedures referred to in subsection (1) (including the procedures
as modified by section 20 and Schedule 3) are subject to-
(a) Part 2 of Schedule 1 (provisions applicable in connection with prohibited
degrees of relationship), and
(b) Parts 2 and 3 of Schedule 2 (provisions applicable where proposed
civil partner is under 18).
(4) This section is also subject to section 249 and Schedule 23 (immigration
control and formation of civil partnerships).
6 Place of registration
(1) The place at which two people may register as civil partners of each
other-
(a) must be in England or Wales,
(b) must not be in religious premises, and
(c) must be specified in the notices, or notice, of proposed civil partnership
required by this Chapter.
(2) "Religious premises" means premises which-
(a) are used solely or mainly for religious purposes, or
(b) have been so used and have not subsequently been used solely or mainly
for other purposes.
(3) In the case of registration under the standard procedure (including
that procedure modified as mentioned in section 5), the place-
(a) must be one which is open to any person wishing to attend the registration,
and
(b) before being specified in a notice of proposed civil partnership,
must be agreed with the registration authority in whose area that place
is located.
(4) If the place specified in a notice is not so agreed, the notice is
void.
(5) A registration authority may provide a place in its area for the
registration of civil partnerships.
7 The civil partnership document
(1) In this Part "the civil partnership document" means-
(a) in relation to the special procedure, a Registrar General's licence,
and
(b) in relation to any other procedure, a civil partnership schedule.
(2) Before two people are entitled to register as civil partners of each
other-
(a) the civil partnership document must be delivered to the civil partnership
registrar, and
(b) the civil partnership registrar may then ask them for any information
required (under section 2(4)) to be recorded in the register.
8 Notice of proposed civil partnership
and declaration
(1) For two people to register as civil partners of each other under
the standard procedure, each of them must-
(a) give a notice of proposed civil partnership to a registration authority,
and
(b) have resided in England or Wales for at least 7 days immediately
before giving the notice.
(2) A notice of proposed civil partnership must contain such information
as may be prescribed by regulations.
(3) A notice of proposed civil partnership must also include the necessary
declaration, made and signed by the person giving the notice-
(a) at the time when the notice is given, and
(b) in the presence of an authorised person;
and the authorised person must attest the declaration by adding his name,
description and place of residence.
(4) The necessary declaration is a solemn declaration in writing-
(a) that the proposed civil partner believes that there is no impediment
of kindred or affinity or other lawful hindrance to the formation of
the civil partnership;
(b) that each of the proposed civil partners has had a usual place of
residence in England or Wales for at least 7 days immediately before
giving the notice.
(5) Where a notice of proposed civil partnership is given to a registration
authority in accordance with this section, the registration authority
must ensure that the following information is recorded in the register
as soon
as possible-
(a) the fact that the notice has been given and the information in it;
(b) the fact that the authorised person has attested the declaration.
(6) "Authorised person" means an employee or officer or other
person provided by a registration authority who is authorised by that
authority to attest notices of proposed civil partnership.
(7) For the purposes of this Chapter, a notice of proposed civil partnership
is recorded when subsection (5) is complied with.
9 Power to require evidence of name etc.
(1) The registration authority to which a notice of proposed civil partnership
is given may require the person giving the notice to provide it with
specified evidence-
(a) relating to that person, or
(b) if the registration authority considers that the circumstances are
exceptional, relating not only to that person but also to that person's
proposed civil
partner.
(2) Such a requirement may be imposed at any time before the registration
authority issues the civil partnership schedule under section 14.
(3) "Specified evidence", in relation to a person, means such
evidence as may be specified in guidance issued by the Registrar General-
(a) of the person's name and surname,
(b) of the person's age,
(c) as to whether the person has previously formed a civil partnership
or a marriage and, if so, as to the ending of the civil partnership or
marriage,
(d) of the person's nationality, and
(e) as to the person's residence in England or Wales during the period
of 7 days preceding the giving of a notice of proposed civil partnership
by
that person.
10 Proposed civil partnership to be
publicised
(1) Where a notice of proposed civil partnership has been given to
a registration authority, the relevant information must be publicised
during
the waiting
period-
(a) by that registration authority,
(b) by any registration authority in whose area the person giving the
notice has resided during the period of 7 days preceding the giving of
the notice,
(c) by any registration authority in whose area the proposed civil partner
of the person giving the notice has resided during the period of 7 days
preceding the giving of that notice,
(d) by the registration authority in whose area the place specified in
the notice as the place of proposed registration is located, and
(e) by the Registrar General.
(2) "The relevant information" means-
(a) the name of the person giving the notice,
(b) the name of that person's proposed civil partner, and
(c) such other information as may be prescribed by regulations.
11 Meaning
of "the waiting period"
In this Chapter "the waiting period", in relation to a notice
of proposed civil partnership, means the period-
(a) beginning the day after the notice is recorded, and
(b) subject to section 12, ending at the end of the period of 15 days
beginning with that day.
12 Power to shorten the waiting period
(1) If the Registrar General, on an application being made to him,
is satisfied that there are compelling reasons because of the exceptional
circumstances
of the case for shortening the period of 15 days mentioned in section
11(b), he may shorten it to such period as he considers appropriate.
(2) Regulations may make provision with respect to the making, and
granting, of applications under subsection (1).
(3) Regulations under subsection (2) may provide for-
(a) the power conferred by subsection (1) to be exercised by a registration
authority on behalf of the Registrar General in such classes of case
as are prescribed by the regulations;
(b) the making of an appeal to the Registrar General against a decision
taken by a registration authority in accordance with regulations made
by virtue
of paragraph (a).
13 Objection to proposed civil partnership
(1) Any person may object to the issue of a civil partnership schedule
under section 14 by giving any registration authority notice of his
objection.
(2) A notice of objection must-
(a) state the objector's place of residence and the ground of objection,
and
(b) be signed by or on behalf of the objector.
(3) If a notice of objection is given to a registration authority,
it must ensure that the fact that it has been given and the information
in it are
recorded in the register as soon as possible.
14 Issue of civil partnership schedule
(1) As soon as the waiting period in relation to each notice of proposed
civil partnership has expired, the registration authority in whose
area it is proposed that the registration take place is under a duty,
at the
request
of one or both of the proposed civil partners, to issue a document
to be known as a "civil partnership schedule".
(2) Regulations may make provision as to the contents of a civil partnership
schedule.
(3) The duty in subsection (1) does not apply if the registration authority
is not satisfied that there is no lawful impediment to the formation
of the civil partnership.
(4) If an objection to the issue of the civil partnership schedule
has been recorded in the register, no civil partnership schedule is
to be
issued until-
(a) the relevant registration authority has investigated the objection
and is satisfied that the objection ought not to obstruct the issue
of the civil
partnership schedule, or
(b) the objection has been withdrawn by the person who made it.
(5) "The relevant registration authority" means the authority
which first records that a notice of proposed civil partnership has been
given
by one of the proposed civil partners.
15 Appeal against refusal to issue civil partnership schedule
(1) If the registration authority refuses to issue a civil partnership
schedule-
(a) because an objection to its issue has been made under section 13,
or
(b) in reliance on section 14(3),
either of the proposed civil partners may appeal to the Registrar General.
(2) On an appeal under this section the Registrar General must either
confirm the refusal or direct that a civil partnership schedule be
issued.
16 Frivolous objections and representations: liability for costs etc.
(1) Subsection (3) applies if-
(a) a person objects to the issue of a civil partnership schedule,
but
(b) the Registrar General declares that the grounds on which the objection
is made are frivolous and ought not to obstruct the issue of the civil
partnership schedule.
(2) Subsection (3) also applies if-
(a) in reliance on section 14(3), the registration authority refuses
to issue a civil partnership schedule as a result of a representation
made to it,
and
(b) on an appeal under section 15 against the refusal, the Registrar
General declares that the representation is frivolous and ought not
to obstruct the
issue of the civil partnership schedule.
(3) The person who made the objection or representation is liable for-
(a) the costs of the proceedings before the Registrar General, and
(b) damages recoverable by the proposed civil partner to whom the objection
or representation relates.
(4) For the purpose of enabling any person to recover any such costs
and damages, a copy of a declaration of the Registrar General purporting
to be
sealed with the seal of the General Register Office is evidence that
the Registrar General has made the declaration.
17 Period during which registration may take place
(1) The proposed civil partners may not register as civil partners
of each other on the production of the civil partnership schedule until
the waiting
period in relation to each notice of proposed civil partnership has
expired.
(2) Subject to subsection (1), under the standard procedure, they may
register as civil partners by signing the civil partnership schedule
at any time during
the applicable period.
(3) If they do not register as civil partners by signing the civil
partnership schedule before the end of the applicable period-
(a) the notices of proposed civil partnership and the civil partnership
schedule are void, and
(b) no civil partnership registrar may officiate at the signing of
the civil partnership schedule by them.
(4) The applicable period, in relation to two people registering as
civil partners of each other, is the period of 12 months beginning
with-
(a) the day on which the notices of proposed civil partnership are
recorded, or
(b) if the notices are not recorded on the same day, the earlier of
those days.
The procedures for house-bound and detained persons
18 House-bound
persons
(1) This section applies if two people wish to register as civil
partners of each other at the place where one of them is house-bound.
(2) A person is house-bound at any place if, in relation to that
person, a statement is made by a registered medical practitioner
that, in his
opinion-
(a) because of illness or disability, that person ought not to move
or be moved from the place where he is at the time when the statement
is
made,
and
(b) it is likely to be the case for at least the following 3 months
that because of the illness or disability that person ought not to
move or
be moved from that place.
(3) The procedure under which the two people concerned may register
as civil partners of each other is the same as the standard procedure,
except
that-
(a) each notice of proposed civil partnership must be accompanied
by a statement under subsection (2) ("a medical statement"), which
must have been made not more than 14 days before the day on which the
notice is recorded,
(b) the fact that the registration authority to whom the notice is
given has received the medical statement must be recorded in the
register, and
(c) the applicable period (for the purposes of section 17) is the
period of 3 months beginning with-
(i) the day on which the notices of proposed civil partnership are
recorded, or
(ii) if the notices are not recorded on the same day, the earlier
of those days.
(4) A medical statement must contain such information and must be
made in such manner as may be prescribed by regulations.
(5) A medical statement may not be made in relation to a person who
is detained as described in section 19(2).
(6) For the purposes of this Chapter, a person in relation to whom
a medical statement is made is to be treated, if he would not otherwise
be so treated,
as resident and usually resident at the place where he is for the
time being.
19 Detained persons
(1) This section applies if two people wish to register as civil
partners of each other at the place where one of them is detained.
(2) "Detained" means detained-
(a) as a patient in a hospital (but otherwise than by virtue of section
2, 4, 5, 35, 36 or 136 of the Mental Health Act 1983 (c. 20) (short
term detentions)),
or
(b) in a prison or other place to which the Prison Act 1952 (c. 52)
applies.
(3) The procedure under which the two people concerned may register
as civil partners of each other is the same as the standard procedure,
except
that-
(a) each notice of proposed civil partnership must be accompanied
by a supporting statement, which must have been made not more than
21
days before the day
on which the notice is recorded,
(b) the fact that the registration authority to whom the notice is
given has received the supporting statement must be recorded in the
register,
and
(c) the applicable period (for the purposes of section 17) is the
period of 3 months beginning with-
(i) the day on which the notices of proposed civil partnership are
recorded, or
(ii) if the notices are not recorded on the same day, the earlier
of those days.
(4) A supporting statement, in relation to a detained person, is
a statement made by the responsible authority which-
(a) identifies the establishment where the person is detained, and
(b) states that the responsible authority has no objection to that
establishment being specified in a notice of proposed civil partnership
as the place
at which the person is to register as a civil partner.
(5) A supporting statement must contain such information and must
be made in such manner as may be prescribed by regulations.
(6) "The responsible authority" means-
(a) if the person is detained in a hospital, the hospital's managers;
(b) if the person is detained in a prison or other place to which
the 1952 Act applies, the governor or other officer for the time
being
in charge of
that prison or other place.
(7) "Patient" and "hospital" have the same meaning as
in Part 2 of the 1983 Act and "managers", in relation to a
hospital, has the same meaning as in section 145(1) of the 1983 Act.
(8) For the purposes of this Chapter, a detained person is to be
treated, if he would not otherwise be so treated, as resident and
usually resident
at the place where he is for the time being.
20 Modified procedures
for certain non-residents
(1) Subsection (5) applies in the following three cases.
(2) The first is where-
(a) two people wish to register as civil partners of each other in
England and Wales, and
(b) one of them ("A") resides in Scotland and the other ("B")
resides in England or Wales.
(3) The second is where-
(a) two people wish to register as civil partners of each other in
England and Wales, and
(b) one of them ("A") resides in Northern Ireland and the other
("B") resides in England or Wales.
(4) The third is where-
(a) two people wish to register as civil partners of each other in
England and Wales, and
(b) one of them ("A") is a member of Her Majesty's forces who is
serving outside the United Kingdom and the other ("B") resides
in England or Wales.
(5) For the purposes of the standard procedure, the procedure for
house-bound persons and the procedure for detained persons-
(a) A is not required to give a notice of proposed civil partnership
under this Chapter;
(b) B may give a notice of proposed civil partnership and make the
necessary declaration without regard to the requirement that would
otherwise apply
that A must reside in England or Wales;
(c) the waiting period is calculated by reference to the day on which
B's notice is recorded;
(d) the civil partnership schedule is not to be issued by a registration
authority unless A or B produces to that registration authority a
certificate of no impediment issued to A under the relevant provision;
(e) the applicable period is calculated by reference to the day on
which B's notice is recorded and, where the standard procedure is
used in the
first and second cases, is the period of 3 months beginning with
that day;
(f) section 31 applies as if in subsections (1)(a) and (2)(c) for "each
notice" there were substituted "B's notice".
(6) "The relevant provision" means-
(a) if A resides in Scotland, section 97;
(b) if A resides in Northern Ireland, section 150;
(c) if A is a member of Her Majesty's forces who is serving outside
the United Kingdom, section 239.
(7) "Her Majesty's forces" has the same meaning as in the Army
Act 1955 (3 & 4 Eliz. 2 c. 18).
21 Notice of proposed civil partnership
(1) For two people to register as civil partners of each other under
the special procedure, one of them must-
(a) give a notice of proposed civil partnership to the registration
authority for the area in which it is proposed that the registration
take place,
and
(b) comply with any requirement made under section 22.
(2) The notice must contain such information as may be prescribed
by regulations.
(3) Subsections (3) to (6) of section 8 (necessary declaration etc.),
apart from paragraph (b) of subsection (4), apply for the purposes
of this section
as they apply for the purposes of that section.
22 Evidence to be produced
(1) The person giving a notice of proposed civil partnership to a
registration authority under the special procedure must produce to
the authority
such evidence as the Registrar General may require to satisfy him-
(a) that there is no lawful impediment to the formation of the civil
partnership,
(b) that the conditions in subsection (2) are met, and
(c) that there is sufficient reason why a licence should be granted.
(2) The conditions are that one of the proposed civil partners-
(a) is seriously ill and not expected to recover, and
(b) understands the nature and purport of signing a Registrar General's
licence.
(3) The certificate of a registered medical practitioner is sufficient
evidence of any or all of the matters referred to in subsection (2).
23 Application to be reported to Registrar General
On receiving a notice of proposed civil partnership under section
21 and any evidence under section 22, the registration authority
must-
(a) inform the Registrar General, and
(b) comply with any directions the Registrar General may give for
verifying the evidence given.
24 Objection to issue of Registrar General's licence
(1) Any person may object to the Registrar General giving authority
for the issue of his licence by giving the Registrar General or any
registration
authority notice of his objection.
(2) A notice of objection must-
(a) state the objector's place of residence and the ground of objection,
and
(b) be signed by or on behalf of the objector.
(3) If a notice of objection is given to a registration authority,
it must ensure that the fact that it has been given and the information
in it are
recorded in the register as soon as possible.
25 Issue of Registrar General's licence
(1) This section applies where a notice of proposed civil partnership
is given to a registration authority under section 21.
(2) The registration authority may issue a Registrar General's licence
if, and only if, given authority to do so by the Registrar General.
(3) The Registrar General-
(a) may not give his authority unless he is satisfied that one of
the proposed civil partners is seriously ill and not expected to
recover,
but
(b) if so satisfied, must give his authority unless a lawful impediment
to the issue of his licence has been shown to his satisfaction to
exist.
(4) A licence under this section must state that it is issued on
the authority of the Registrar General.
(5) Regulations may (subject to subsection (4)) make provision as
to the contents of a licence under this section.
(6) If an objection has been made to the Registrar General giving
authority for the issue of his licence, he is not to give that authority
until-
(a) he has investigated the objection and decided whether it ought
to obstruct the issue of his licence, or
(b) the objection has been withdrawn by the person who made it.
(7) Any decision of the Registrar General under subsection (6)(a)
is final.
26 Frivolous objections: liability for costs
(1) This section applies if-
(a) a person objects to the Registrar General giving authority for
the issue of his licence, but
(b) the Registrar General declares that the grounds on which the
objection is made are frivolous and ought not to obstruct the issue
of his licence.
(2) The person who made the objection is liable for-
(a) the costs of the proceedings before the Registrar General, and
(b) damages recoverable by the proposed civil partner to whom the
objection relates.
(3) For the purpose of enabling any person to recover any such costs
and damages, a copy of a declaration of the Registrar General purporting
to be
sealed with the seal of the General Register Office is evidence that
the Registrar General has made the declaration.
27 Period during which registration may take place
(1) If a Registrar General's licence has been issued under section
25, the proposed civil partners may register as civil partners by
signing it at any
time within 1 month from the day on which the notice of proposed
civil partnership was given.
(2) If they do not register as civil partners by signing the licence
within the 1 month period-
(a) the notice of proposed civil partnership and the licence are
void, and
(b) no civil partnership registrar may officiate at the signing of
the licence by them.
28 Registration authorities
In this Chapter "registration authority" means-
(a) in relation to England, a county council, the council of any
district comprised in an area for which there is no county council,
a London
borough council, the Common Council of the City of London or the
Council of the
Isles of Scilly;
(b) in relation to Wales, a county council or a county borough council.
29 Civil partnership registrars
(1) A civil partnership registrar is an individual who is designated
by a registration authority as a civil partnership registrar for
its area.
(2) It is the duty of each registration authority to ensure that
there is a sufficient number of civil partnership registrars for
its area
to carry
out in that area the functions of civil partnership registrars.
(3) Each registration authority must inform the Registrar General
as soon as is practicable-
(a) of any designation it has made of a person as a civil partnership
registrar, and
(b) of the ending of any such designation.
(4) The Registrar General must make available to the public a list-
(a) of civil partnership registrars, and
(b) of the registration authorities for which they are designated
to act.
30 The Registrar General and the register
(1) In this Chapter "the Registrar General" means the Registrar
General for England and Wales.
(2) The Registrar General must provide a system for keeping any records
that relate to civil partnerships and are required by this Chapter
to be made.
(3) The system may, in particular, enable those records to be kept
together with other records kept by the Registrar General.
(4) In this Chapter "the register" means the system for
keeping records provided under subsection (2).
31 Offences relating to civil partnership schedule
(1) A person commits an offence if he issues a civil partnership
schedule knowing that he does so-
(a) before the waiting period in relation to each notice of proposed
civil partnership has expired,
(b) after the end of the applicable period, or
(c) at a time when its issue has been forbidden under Schedule 2
by a person entitled to forbid its issue.
(2) A person commits an offence if, in his actual or purported capacity
as a civil partnership registrar, he officiates at the signing of
a civil partnership
schedule by proposed civil partners knowing that he does so-
(a) at a place other than the place specified in the notices of proposed
civil partnership and the civil partnership schedule,
(b) in the absence of a civil partnership registrar,
(c) before the waiting period in relation to each notice of proposed
civil partnership has expired, or
(d) even though the civil partnership is void under section 49(b)
or (c).
(3) A person guilty of an offence under subsection (1) or (2) is
liable on conviction on indictment to imprisonment for a term not
exceeding
5 years
or to a fine (or both).
(4) A prosecution under this section may not be commenced more than
3 years after the commission of the offence.
32 Offences relating to Registrar General's licence
(1) A person commits an offence if-
(a) he gives information by way of evidence in response to a requirement
under section 22(1), knowing that the information is false;
(b) he gives a certificate as provided for by section 22(3), knowing
that the certificate is false.
(2) A person commits an offence if, in his actual or purported capacity
as a civil partnership registrar, he officiates at the signing of
a Registrar General's licence by proposed civil partners knowing
that
he does so-
(a) at a place other than the place specified in the licence,
(b) in the absence of a civil partnership registrar,
(c) after the end of 1 month from the day on which the notice of
proposed civil partnership was given, or
(d) even though the civil partnership is void under section 49(b)
or (c).
(3) A person guilty of an offence under subsection (1) or (2) is
liable-
(a) on conviction on indictment, to imprisonment not exceeding 3
years or to a fine (or both);
(b) on summary conviction, to a fine not exceeding the statutory
maximum.
(4) A prosecution under this section may not be commenced more than
3 years after the commission of the offence.
33 Offences relating to the recording of civil partnerships
(1) A civil partnership registrar commits an offence if he refuses
or fails to comply with the provisions of this Chapter or of any
regulations made
under section 36.
(2) A civil partnership registrar guilty of an offence under subsection
(1) is liable-
(a) on conviction on indictment, to imprisonment for a term not exceeding
2 years or to a fine (or both);
(b) on summary conviction, to a fine not exceeding the statutory
maximum;
and on conviction shall cease to be a civil partnership registrar.
(3) A person commits an offence if-
(a) under arrangements made by a registration authority for the purposes
of section 2(4), he is under a duty to record information required
to be recorded under section 2(4), but
(b) he refuses or without reasonable cause omits to do so.
(4) A person guilty of an offence under subsection (3) is liable
on summary conviction to a fine not exceeding level 3 on the standard
scale.
(5) A person commits an offence if he records in the register information
relating to the formation of a civil partnership by the signing of
a civil partnership schedule, knowing that the civil partnership
is void
under section
49(b) or (c).
(6) A person guilty of an offence under subsection (5) is liable
on conviction on indictment, to imprisonment for a term not exceeding
5 years or to
a fine (or both).
(7) A person commits an offence if he records in the register information
relating to the formation of a civil partnership by the signing of
a Registrar General's licence, knowing that the civil partnership
is void
under section
49(b) or (c).
(8) A person guilty of an offence under subsection (7) is liable-
(a) on conviction on indictment, to imprisonment for a term not exceeding
3 years or to a fine (or both);
(b) on summary conviction, to a fine not exceeding the statutory
maximum.
(9) A prosecution under subsection (5) or (7) may not be commenced
more than 3 years after the commission of the offence.
34 Fees
(1) The Chancellor of the Exchequer may by order provide for fees,
of such amounts as may be specified in the order, to be payable to
such
persons as
may be prescribed by the order in respect of-
(a) the giving of a notice of proposed civil partnership and the
attestation of the necessary declaration;
(b) the making of an application under section 12(1) (application
to reduce waiting period);
(c) the issue of a Registrar General's licence;
(d) the attendance of the civil partnership registrar when two people
sign the civil partnership document;
(e) such other services provided in connection with civil partnerships
either by registration authorities or by or on behalf of the Registrar
General as
may be prescribed by the order.
(2) The Registrar General may remit the fee for the issue of his
licence in whole or in part in any case where it appears to him that
the payment
of the fee would cause hardship to the proposed civil partners.
35 Power to assimilate provisions relating to civil registration
(1) The Chancellor of the Exchequer may by order make-
(a) such amendments of this Act as appear to him appropriate for
the purpose of assimilating any provision connected with the formation
or recording of
civil partnerships in England and Wales to any provision made (whether
or not under an order under section 1 of the Regulatory Reform Act
2001 (c.
6)) in relation to civil marriage in England and Wales, and
(b) such amendments of other enactments and of subordinate legislation
as appear to him appropriate in consequence of any amendments made
under paragraph
(a).
(2) "Civil marriage" means marriage solemnised otherwise
than according to the rites of the Church of England or any other
religious
usages.
(3) "Amendment" includes repeal or revocation.
(4) "Subordinate legislation" has the same meaning as in
the Interpretation Act 1978 (c. 30).
36 Regulations and orders
(1) Regulations may make provision supplementing the provisions of
this Chapter.
(2) Regulations may in particular make provision-
(a) relating to the use of Welsh in documents and records relating
to civil partnerships;
(b) with respect to the retention of documents relating to civil
partnerships;
(c) prescribing the duties of civil partnership registrars;
(d) prescribing the duties of persons in whose presence any declaration
is made for the purposes of this Chapter;
(e) for the issue by the Registrar General of guidance supplementing
any provision made by the regulations.
(f) for the issue by registration authorities or the Registrar General
of certified copies of entries in the register and for such copies
to be received
in evidence.
(3) In this Chapter "regulations" means regulations made
by the Registrar General with the approval of the Chancellor of the
Exchequer.
(4) Any power to make regulations or an order under this Chapter
is exercisable by statutory instrument.
(5) A statutory instrument containing an order under section 34 is
subject to annulment in pursuance of a resolution of either House
of Parliament.
(6) No order may be made under section 35 unless a draft of the statutory
instrument containing the order has been laid before, and approved
by a resolution of, each House of Parliament.
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chapter three
