The Civil Partnership (Armed Forces) Order 2005

Section 211 of the Civil Partnership Act 2004 (“the Act”) empowers Her Majesty, by Order in Council, to make provision for two people to register as civil partners of each other in prescribed countries or territories outside the United Kingdom where one of the proposed civil partners is a member of Her Majesty’s armed forces serving in the country or territory or is a person employed in such country or territory in a prescribed capacity or is a child of either of the foregoing having his home in the country or territory with his parent. Part 2 of the Order sets out the provisions required in order to allow civil partnership registration under section 211. Section 239 of the Act applies to cases where two people wish to register as civil partners of each other in England and Wales but one of them (“A”) is not resident in England and Wales at the time and is an officer, seaman or marine borne on the books of one of Her Majesty’s ships at sea. Section 239 empowers Her Majesty, by Order in Council, to make provision to permit the ship’s captain or other officer in command of the ship to issue A with a certificate of no impediment which will enable the registration authority in England and Wales to apply the modified procedure for certain non-residents. Part 3 of the Order sets out the provisions required by section 239.

Author: A K Galloway, Clerk of the Privy Council

Last modified: 2010-07-16