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Statutory Instruments

2021 No. 410

Civil Partnership, England And Wales

Registration Of Births, Deaths & Marriages, Etc., England And Wales

The Civil Partnership (Registration and Records) (Amendment) Regulations 2021

Made

30th March 2021

Coming into force

4th May 2021

The Registrar General makes the following Regulations with the approval of the Secretary of State in exercise of the powers conferred by sections 14(2), 25(5), 36(1) and (2)(a), (c), (f) and (g) and 258 of the Civil Partnership Act 2004( 1 ) and paragraph 11A(1)(b) and (2)(b) of Schedule 3 to the Gender Recognition Act 2004( 2 ).

Citation, commencement and extent

1. —(1) These Regulations may be cited as the Civil Partnership (Registration and Records) (Amendment) Regulations 2021.

(2) These Regulations come into force on 4th May 2021.

(3) These Regulations extend to England and Wales.

Amendments to the Civil Partnership (Registration Provisions) Regulations 2005

2.The Civil Partnership (Registration Provisions) Regulations 2005( 3 ) are amended as provided by regulations 3 to 11.

3. In regulation 2(1)—

(a) omit the definition of “certified extract”;

(b) at the end insert—

“occupation” includes rank or profession.

4. —(1) Regulation 9 is amended as follows.

(2) In paragraph (1), for “(4)” substitute “(9)”.

(3) In paragraph (2)—

(a) in the words before sub-paragraph (a), for “space 6” substitute “space 5”;

(b) in sub-paragraph (h)—

(i) after “it shall” insert “(subject to paragraph (2A))”;

(ii) for “space 6” substitute “space 5”;

(c) in sub-paragraph (i)—

(i) after “it shall”, in the first place those words occur, insert “(subject to paragraph (2B))”;

(ii) for “space 6” substitute “space 5”;

(iii) omit the words from “, however” to the end;

(d) in sub-paragraph (j)—

(i) after “it shall” insert “(subject to paragraph (2C))”;

(ii) for “space 6” substitute “space 5”;

(e) in sub-paragraph (k)—

(i) after “it shall”, in the first place those words occur, insert “(subject to paragraph (2D))”;

(ii) for “space 6” substitute “space 5”;

(iii) omit the words from “, however” to the end;

(f) in sub-paragraph (l)(iv) for “space 6” substitute “space 5”.

(4) After paragraph (2) insert—

(2A) Where the circumstances are those in paragraphs (i) to (iv) of paragraph (2)(h) and a full gender recognition certificate has been issued under the Gender Recognition Act 2004 to either or each of the parties since the formation of the parties’ previous civil partnership—

(a) the registration authority must only make the entry required by paragraph (2)(h) if both parties ask for that entry to be made;

(b) if the parties do not ask for that entry to be made, the registration authority must instead, subject to sub-paragraph (c), enter the words “Previous civil partnership dissolved” in space 5 for each party;

(c) if a party asks for the word “Single” to be entered for that party instead of the words required by sub-paragraph (b), the registration authority must enter that word in space 5 for that party instead of making the entry required by that sub-paragraph for that party.

(2B) Where the circumstances are those in paragraphs (i) to (iv) of paragraph (2)(i) and a full gender recognition certificate has been issued under the Gender Recognition Act 2004 to either or each of the parties since the solemnization of the parties’ previous marriage—

(a) the registration authority must only make the entry required by paragraph (2)(i) if both parties ask for that entry to be made;

(b) if the parties do not ask for that entry to be made, the registration authority must instead, subject to sub-paragraph (c), enter the words “Previous marriage dissolved” in space 5 for each party;

(c) if a party asks for the word “Single” to be entered for that party instead of the words required by sub-paragraph (b), the registration authority must enter that word in space 5 for that party instead of making the entry required by that sub-paragraph for that party.

(2C) Where the circumstances are those in paragraphs (i) to (iv) of paragraph (2)(j) and a full gender recognition certificate has been issued under the Gender Recognition Act 2004 to either or each of the parties since the formation of the parties’ previous civil partnership—

(a) the registration authority must only make the entry required by paragraph (2)(j) if both parties ask for that entry to be made;

(b) if the parties do not ask for that entry to be made, the registration authority must instead, subject to sub-paragraph (c), enter the words “Previous civil partnership annulled” in space 5 for each party;

(c) if a party asks for the word “Single” to be entered for that party instead of the words required by sub-paragraph (b), the registration authority must enter that word in space 5 for that party instead of making the entry required by that sub-paragraph for that party.

(2D) Where the circumstances are those in paragraphs (i) to (iv) of paragraph (2)(k) and a full gender recognition certificate has been issued under the Gender Recognition Act 2004 to either or each of the parties since the solemnization of the parties’ previous marriage—

(a) the registration authority must only make the entry required by paragraph (2)(k) if both parties ask for that entry to be made;

(b) if the parties do not ask for that entry to be made, the registration authority must instead, subject to sub-paragraph (c), enter the words “Previous marriage annulled” in space 5 for each party;

(c) if a party asks for the word “Single” to be entered for that party instead of the words required by sub-paragraph (b), the registration authority must enter that word in space 5 for that party instead of making the entry required by that sub-paragraph for that party.

(5) For paragraphs (3) and (4) substitute—

(3) The registration authority must enter information in space 8 of form 9, 10, 9 (w) or 10 (w) (as the case may be) in accordance with paragraphs (4) to (9).

(4) Where a party provides the registration authority with the required information about a parent of that party for inclusion in the civil partnership document, the registration authority must—

(a) enter that information,

(b) if informed by the party that the parent has died, enter the word “deceased” after the parent’s surname, and

(c) if provided with the parent’s former occupation and informed by the party that the parent has or had retired from that occupation, enter the word “retired” after that occupation.

(5) Subject to paragraph (6), where a party provides the registration authority with the required information about a step-parent of that party for inclusion in the civil partnership document, the registration authority must—

(a) enter that information,

(b) enter the word “step-parent” after the step-parent’s surname,

(c) if informed by the party that the step-parent has died, enter the word “deceased” after the word “step-parent”, and

(d) if provided with the step-parent’s former occupation and informed by the party that the step-parent has or had retired from that occupation, enter the word “retired” after that occupation.

(6) The registration authority must not enter any information about any step-parent of a party under paragraph (5) if entering all of the required information about step-parents provided by the party for inclusion in the civil partnership document would result in information about more than four individuals in total being entered in space 8 in relation to that party (including information about any parent of the party).

(7) The registration authority must not enter any information about a party’s parents or step-parents other than the information (if any) which this regulation requires the registration authority to enter.

(8) Where the registration authority is not required by this regulation to enter any information at all in space 8 in relation to a party, the registration authority must cause a line to be drawn in ink or printed through that space in the column relating to that party.

(9) In this regulation—

“step-parent”, in relation to a party, means a step-parent who is or has been married to, or the civil partner of, a parent of the party;

“the required information” about a parent or step-parent is the parent’s or step-parent’s—

(a)

name and surname, and

(b)

current occupation or, if the parent or step-parent has no current occupation or has died, former occupation (if any).

5. In regulation 10(2), for “spaces 3 to 10” substitute “spaces 3 to 8”.

6. —(1) Regulation 13 is amended as follows.

(2) In paragraph (2)—

(a) for “regulations 15 and 16” substitute “regulation 15”;

(b) omit “or a certified extract”.

(3) In paragraph (3) omit “or certified extracts”.

(4) In paragraphs (4) and (5) omit “or certified extract”.

7. —(1) Regulation 14 is amended as follows.

(2) In paragraph (2)—

(a) for “regulations 15 and 16” substitute “regulation 15”;

(b) omit “or a certified extract”.

(3) In paragraph (3)—

(a) omit “or certified extracts”;

(b) omit “or certified extract”.

(4) In paragraphs (4) and (5) omit “or certified extract”.

(5) In paragraph (6) omit “and certified extracts”.

8. —(1) Regulation 15 is amended as follows.

(2) In paragraph (1) omit “and a certified extract”.

(3) For paragraph (2) substitute—

(2) Any person is entitled to a certified copy if that person provides the Registrar General or the registration authority (as the case may be) with the information that person has obtained in relation to the civil partnership in question from the indexes of entries in the civil partnership register.

(4) Omit paragraphs (3), (4) and (5).

(5) In paragraph (5A) omit “or certified extract”.

9. Omit regulation 16.

10. In Schedule 1, in the table, omit the rows beginning “13” and “13 (w)”.

11. —(1) Schedule 2 is amended as follows.

(2) In the table—

(a) omit the rows beginning “step-father” and “step-mother”;

(b) at the end insert—

retired Wedi ymddeol
step-parent Llys-riant

(3) In the forms set out after the table—

(a) for form 9 substitute the form set out under the heading “Form 9” in the Schedule to these Regulations;

(b) for form 9 (w) substitute the form set out under the heading “Form 9 (w)” in the Schedule to these Regulations;

(c) for form 10 substitute the form set out under the heading “Form 10” in the Schedule to these Regulations;

(d) for form 10 (w) substitute the form set out under the heading “Form 10 (w)” in the Schedule to these Regulations;

(e) for form 12 substitute the form set out under the heading “Form 12” in the Schedule to these Regulations;

(f) for form 12(w) substitute the form set out under the heading “Form 12(w)” in the Schedule to these Regulations;

(g) omit forms 13 and 13(w).

Amendments to the Civil Partnership (Registration Provisions) Regulations 2005: transitional provisions

12. —(1) Paragraph (2) applies where a person, immediately before 4th May 2021—

(a) was entitled under the Civil Partnership (Registration Provisions) Regulations 2005 to have a certified extract of an entry in the civil partnership register, but

(b) had not yet been issued with that certified extract.

(2) The person is not entitled to be issued with the certified extract but is instead entitled to have a certified copy (as defined in regulation 2(1) of those Regulations) of the entry.

13. —(1) In this regulation “the relevant amendments” are—

(a) the amendments made to regulation 13(4) and (5) of the Civil Partnership (Registration Provisions) Regulations 2005 by regulation 6(4),

(b) the amendments made to regulation 14(4), (5) and (6) of those Regulations by regulation 7(4) and (5), and

(c) the amendment made by regulation 3(a) to regulation 2(1) of those Regulations, so far as it revokes the definition of “certified extract” as it applies for the purposes of regulations 13 and 14 of those Regulations.

(2) The relevant amendments do not apply in relation to certified extracts of entries in the civil partnership register issued under the Civil Partnership (Registration Provisions) Regulations 2005 before 4th May 2021.

(3) In regulation 13(5) of those Regulations as it continues to apply by virtue of paragraph (2), for “in accordance with paragraph (3)” substitute “with the seal of the General Register Office”.

14. —(1) In this regulation “the relevant amendments” are—

(a) the amendment made by regulation 8(3), and

(b) the revocation of regulation 15(3) and (4) of the Civil Partnership (Registration Provisions) Regulations 2005 by regulation 8(4).

(2) The relevant amendments apply in relation to an application for a certified copy of an entry in the civil partnership register made under those Regulations before 4th May 2021 but not yet determined immediately before that date as they apply in relation to such an application made on or after that date.

Amendments to the Gender Recognition Register (Marriage and Civil Partnership) Regulations 2015

15. —(1)The Gender Recognition Register (Marriage and Civil Partnership) Regulations 2015( 4 ) are amended as provided by paragraphs (2) to (4).

(2) In regulation 15(2) omit “or certified extract”.

(3) In regulation 18 omit paragraph (2).

(4) In regulation 19—

(a) in paragraphs (1) and (2) omit “or certified extract”;

(b) in paragraph (3) for “in accordance with paragraph (2)” substitute “with the seal of the General Register Office”.

(5) A person who, immediately before 4th May 2021, was entitled to have a certified extract of an entry in the Gender Recognition Civil Partnership Register under regulation 18(2) of the Gender Recognition Register (Marriage and Civil Partnership) Regulations 2015 but had not yet been issued with that certified extract is not entitled to have it on or after that date.

Amendments to the Civil Partnerships Records Regulations 2016

16. —(1) In the Civil Partnerships Records Regulations 2016( 5 ), in regulation 2 omit paragraphs (3) and (4).

(2) The amendments made by paragraph (1) apply in relation to a record of information provided on or after 4th May 2021 under regulation 2(1) of those Regulations pursuant to a request made before that date as they apply in relation to such a record provided under that regulation pursuant to a request made on or after that date.

Given under my hand on 30th March 2021

Abi Tierney

Registrar General

I approve

Kevin Foster

Parliamentary Under Secretary of State

Home Office

30th March 2021

Regulation 11(3)(a) to (f)

SCHEDULE New civil partnership forms

Form 9

Form 9 (w)

Form 10

Form 10 (w)

Form 12

Form 12(w)

( 1 )

2004 c. 33 ; section 36(2)(g) was inserted by section 99(2) of the Deregulation Act 2015 (c. 20) .

( 2 )

2004 c. 7 ; paragraph 11A was inserted by paragraph 9(2) of Schedule 5 to the Marriage (Same Sex Couples) Act 2013 (c. 30) . “Qualifying civil partnership” is defined in paragraph 11A(3), which was amended by regulation 34 of the Civil Partnership (Opposite-sex Couples) Regulations 2019 ( S.I. 2019/1458 ).

( 3 )

S.I. 2005/3176 ; relevant amending instruments are S.I. 2014/3061 , 2014/3181 .

( 4 )

S.I. 2015/50 , amended by S.I. 2019/1458 : there is another amending instrument but it is not relevant.

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
The Civil Partnership (Registration and Records) (Amendment) Regulations 2021 (2021/410)

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Defined TermSection/ArticleIDScope of Application
certified extractreg. 12.certified__rt8GV9Y
the relevant amendmentsreg. 12.the_releva_rtHXZ5I
the relevant amendmentsreg. 12.the_releva_rted7Uc

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