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Section 138(2)

SCHEDULE 12 Prohibited degrees of relationship: Northern Ireland

Absolute prohibitions

1 (1) Two people are within prohibited degrees of relationship if one falls within the list below in relation to the other.

• Adoptive child

• Adoptive parent

• Child

• Former adoptive child

• Former adoptive parent

• Grandparent

• Grandchild

• Parent

• Parent’s sibling

• Sibling

• Sibling’s child

(2) In the list “sibling” means a brother, sister, half-brother or half-sister.

Qualified prohibitions

2 (1) Two people are within prohibited degrees of relationship if one of them falls within the list below in relation to the other, unless—

(a) both of them have reached 21 at the time when they register as civil partners of each other, and

(b) the younger has not at any time before reaching 18 been a child of the family in relation to the other.

• Child of former civil partner

• Child of former spouse

• Former civil partner of grandparent

• Former civil partner of parent

• Former spouse of grandparent

• Former spouse of parent

• Grandchild of former civil partner

• Grandchild of former spouse

(2) “Child of the family”, in relation to another person, means a person who—

(a) has lived in the same household as that other person, and

(b) has been treated by that other person as a child of his family.

3 Two people are within prohibited degrees of relationship if one falls within column 1 of the table below in relation to the other, unless—

(a) both of them have reached 21 at the time when they register as civil partners of each other, and

(b) the persons who fall within column 2 are dead.

Section 145(2)

SCHEDULE 13 Civil partnerships of persons under 18: Northern Ireland

Part 1 Appropriate persons

1 Column 2 of the table specifies the appropriate persons (or person) to give consent to a young person whose circumstances fall within column 1 and who intends to register as the civil partner of another—

2 In the table the following expressions have the same meaning as in the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2))—

• “care order”;

• “Health and Social Services trust”;

• “parental responsibility”;

• “residence order”;

and in item 1 “any guardian of the young person” means any person falling within the definition of “guardian of a child” in Article 2(2) of that Order.

Part 2 Dispensing with consent

Order dispensing with consent

3 (1) This paragraph applies if—

(a) a young person and another person intend to register as civil partners of each other, and

(b) a county court is satisfied as mentioned in sub-paragraphs (3) and (4).

(2) A county court may make an order dispensing with the consent of any person whose consent is required.

(3) The court must be satisfied that the registration of the civil partnership is in the best interests of the young person.

(4) The court must be satisfied that—

(a) it is not reasonably practicable to obtain the consent of any person whose consent is required,

(b) any person whose consent is required withholds or refuses that consent, or

(c) there is uncertainty as to whose consent is required.

(5) An application for an order under this paragraph may be made—

(a) by or on behalf of the young person, or

(b) by or on behalf of the other person (who may be another young person) mentioned in sub-paragraph (1)(a),

and without the intervention of a next friend.

(6) The decision of the county court on any application made under this paragraph is final and conclusive.

Part 3 Recording consents and orders

4 Any consent required by section 145(1) must be sent to the registrar.

5 Any order made under paragraph 3, or a certified copy of it, must be sent to the registrar.

6 The registrar must keep a record of—

(a) such particulars as may be prescribed, taken from each consent or order received by him, and

(b) the date on which each consent or order is received by him.

7 The record kept under paragraph 6 must be kept with the civil partnership notice book and section 140(5) (right of inspection) applies accordingly.