SCHEDULES

SCHEDULE 23Immigration control and formation of civil partnerships

Part 2England and Wales

Application of this Part

F63

This Part of this Schedule applies as mentioned in paragraph A1.

Procedure for giving notice of proposed civil partnership

I14

1

Each notice of proposed civil partnership under Chapter 1 of Part 2 of this Act—

a

must be given to a registration authority F7which is specified for the purposes of this paragraph by regulations made by the Secretary of State F8and is the appropriate registration authority, F1. . .

b

must be delivered to the relevant individual in person by the two proposed civil partners.

F2c

may be given only if each of the proposed civil partners has been resident in the area of a registration authority for the period of 7 days immediately before the giving of his or her notice (but the area need not be that of the registration authority to which the notice is given and the proposed civil partners need not have resided in the area of same registration authority), and

d

must state, in relation to each of the proposed civil partners, the registration authority by reference to the area of which paragraph (c) is satisfied.

2

“The relevant individual” means such employee or officer or other person provided by the F9appropriate registration authority as is determined in accordance with regulations made by the Secretary of State for the purposes of this sub-paragraph.

3

Regulations under sub-paragraph (2) may, in particular, describe a person by reference to the location or office where he works.

F103A

For the purposes of this paragraph, “the appropriate registration authority” means—

a

if the proposed civil partners have resided in the area of the same specified registration authority for the period of 7 days immediately before the giving of the notice (“the 7 day period”), that specified registration authority, or

b

if one or both of the proposed civil partners have resided in the area of a specified registration authority (but not the same specified registration authority) for the 7 day period, the specified registration authority of the area in which one of them has resided for that period, or

c

if neither of the proposed civil partners has resided in the area of a specified registration authority for the 7 day period, any specified registration authority.

3B

In sub-paragraph (3A), “specified registration authority” means a registration authority specified for the purposes of sub-paragraph (1)(a) by regulations made under that provision.

4

Before making any regulations under this paragraph the Secretary of State must consult the Registrar General.

Declaration

5

F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Recording of notice

6

F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Supplementary

7

1

Part 2 of this Act has effect in any case where this Part of this Schedule applies subject to any necessary modification.

2

In particular F5—

a

section 8(4)(b) has effect as if it required a declaration that the notice of proposed civil partnership is given in compliance with paragraph 4(1) above, and

b

section 52 has effect as if the matters proof of which is not necessary in support of the civil partnership included compliance with this Part of this Schedule.

3

An expression used in this Part of this Schedule and in Chapter 1 of Part 2 of this Act has the same meaning as in that Chapter.