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The Department of Finance and Personnel, in exercise of the powers conferred upon it by sections 144(4), 147 and 159 of the Civil Partnership Act 2004[1], and all other powers enabling it in that behalf, hereby makes the following Regulations: Citation and commencement 1. These Regulations may be cited as the Civil Partnership Regulations (Northern Ireland) 2005 and shall come into operation on 5th December 2005. Interpretation 2. —(1) In these Regulations—
(2) The Interpretation Act (Northern Ireland) 1954[2] shall apply to these regulations as it applies to an Act of the Assembly.
(b) the registrar has been authorised by the Registrar General to reduce the period of 14 days to such shorter period as he considers necessary.
4.
The registrar may require either of the parties to the civil partnership to give the civil partnership notice in person to the registrar of the district in which the civil partnership is to take place or to a registrar of any other district where—
(b) there is any doubt about the identity of the parties; or (c) there appears to be a legal impediment to the civil partnership; or (d) any of the documents submitted is not in order.
Civil Partnership Notice Book
(b) address; (c) marital or civil partnership status; (d) date of birth; and (e) date of intended civil partnership registration.
Civil Partnership Schedule
(b) a description of the place where it is intended that civil partnership registration will take place sufficient to identify that place and to allow the authority to inspect it and, in the case of a vessel or vehicle, a description of that vessel or vehicle and the location at which it may be inspected.
(2) The required fee, or an amount on account of that fee, determined in accordance with regulation 18, must accompany the application.
(b) the date and time of the intended civil partnership registration; and (c) a description of the place where it is intended that the civil partnership registration will take place sufficient to identify that place and to allow the authority to inspect it and, in the case of a vessel or vehicle, a description of that vessel or vehicle and the location at which it may be inspected.
(2) The required fee, or an amount on account of that fee, determined in accordance with regulation 18, must accompany the application.
(b) state the date and time of the intended civil partnership registration, in relation to a temporary place approval; (c) state that objections to the application may be made to the authority in accordance with regulation 11; (d) state the address at which the application can be inspected and the address to which such objections should be given.
Objections
(b) specifies reasons for the objection; and (c) was made to the authority within 21 days from the date on which notice was placed on public display under regulation 10.
(3) On special cause shown, the authority may consider an objection to which this regulation applies notwithstanding that it was not made within the period required by paragraph (2)(c).
(b) the place has a recent or continuing connection with any religious body or religious practice which would be incompatible with the use of that place for civil partnership registrations; or (c) the place does not fulfil any other reasonable requirements which the authority considers appropriate to ensure that the facilities provided at the place are suitable.
(3) The authority shall not grant an approval without—
(b) taking account of any objections in respect of the application which have been made in accordance with regulation 11.
(4) The authority shall not grant a place approval if, in its opinion, the applicant is not a fit and proper person.
(b) may attach to a temporary place approval such conditions, and to a place approval such further conditions, as it considers reasonable in order to ensure that the facilities provided at the place are suitable.
Notification of decisions
(b) details of the right to a review of a decision in accordance with regulation 22.
(3) The authority shall, at the same time as it notifies the applicant under paragraph (1), send a copy of any approval to the registrar.
(b) to a grant of a place approval were to a renewal of a place approval.
(3) If an application for renewal has been made in accordance with paragraph (1) and (2) and that application has not been finally determined or withdrawn before the date on which the approval would otherwise expire, the approval shall continue in effect until such time as the application is finally determined or withdrawn.
(b) be payable to the authority by the parties to an intended civil partnership registration not less than 14 days, or such lesser period as the authority may determine, prior to the registration of the civil partnership.
Revocation and suspension of approvals
(b) the approved place is no longer suitable for the registration of civil partnerships, having regard to regulation 12(2); or (c) in the case of a place approval, the approval holder is not or is no longer a fit and proper person.
(3) Subject to paragraph (6), an authority before revoking or suspending an approval shall give—
(b) any person who has made representations relevant to the matters to be considered at a hearing,
an opportunity to be heard by the authority or, if that person prefers, to submit written representations.
(b) where such an application has been lodged, when the review has been determined in favour of the revocation or suspension.
(6) If an authority, at any time after granting an approval, determines that the circumstances justify immediate suspension it may, without prejudice to its other powers and duties, suspend the approval immediately.
(b) where such an application has been lodged, when the review has been determined in favour of the variation.
Review
(b) that the authority's decision was based on an incorrect material fact; (c) that the authority has acted contrary to natural justice; or (d) that the authority has acted unreasonably in the exercise of its discretion.
Deemed approval holder
(b) the name and address of the approval holder; (c) the date of grant of the approval and, where that approval is renewed, the date of such renewal; and (d) the due date of expiry of that approval and, where the approval is suspended, the date on which such suspension takes effect, the period of that suspension, and any date of recall.
(2) The authority shall make the appropriate entries in the register forthwith on the grant of any approval and shall amend the register forthwith on notification that any of the details listed in paragraph (1) have changed or on revocation of the approval.
(b) name and surname of each party; (c) address of each party; (d) age of each party; (e) name of each person giving consent; (f) name of Health and Social Services Board or Health and Social Services Trust (if applicable); and (g) date of consent or order.
Corrections
(b) correct any error of fact or substance in a civil partnership registration if a person requiring the error to be corrected produces documentary proof of the true facts or produces a statutory declaration specifying the true facts or statutory declaration by a credible witness possessing knowledge of the true facts.
(2) The statutory declaration referred to in paragraph (1)(b) shall be in the form set out in Schedule 6.
(b) shall be in the form as set out in Schedule 9 where it is given by the registrar.
33.
—(1) The document for the purposes of section 156(1) of the Act shall be in the form set out in Schedule 10.
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1. The approval holder is responsible for compliance with these conditions and must make arrangements to ensure that in his or her absence a person of suitable responsibility is available in this regard. 2. The approval holder (or his or her delegate) shall be available in or at the approved place for a minimum of one hour prior to each civil partnership registration and during the registration itself. 3. The approval holder must notify the authority immediately of any change to any of the following:
(b) the name, description and full postal address (if any) of the approved place; and (c) the address of the approval holder.
4.
Where a person is deemed to be an approval holder under regulation 24, that person shall be obliged to notify the authority immediately of that fact in accordance with regulation 24. Intended civil partnership registration of . . . . . . . . . . . . . . . . . . . . (Full Names of proposed civil partner) and . . . . . . . . . . . . . . . . . . . . (Full Names of proposed civil partner) I . . . . . . . . . . . . . . . . . . . . being a registered Medical Practitioner, state that in my opinion . . . . . . . . . . . . . . . . . . . . (Name of patient) who is at present residing at . . . . . . . . . . . . . . . . . . . . ought not, by reason of serious illness or serious disability, to move or be moved from the place stated above and it is likely that it will be the case for at least the following three months, that by reason of the illness or disability, (s)he ought not to move or be moved from that place.
Intended civil partnership registration of . . . . . . . . . . . . . . . . . . . . Address . . . . . . . . . . . . . . . . . . . . with (name of other party) . . . . . . . . . . . . . . . . . . . . Address . . . . . . . . . . . . . . . . . . . . I (a) . . . . . . . . . . . . . . . . . . . . being the (b) . . . . . . . . . . . . . . . . . . . . and I (a) . . . . . . . . . . . . . . . . . . . . being the (b) . . . . . . . . . . . . . . . . . . . . of the above named . . . . . . . . . . . . . . . . . . . . a young person, aged . . . . . . . . . . . . . . . . . . . . years, and being the persons whose consent to his/her Civil Partnership Registration is required by the Civil Partnership Act 2004 do hereby give consent to the above civil partnership registration. Witness my hand this . . . . . . . . . . . . . . . . . . . . day of . . . . . . . . . . . . . . . . . . . . 2 . . . . . . . . . . . . . . . . . . . . Signature of person giving consent . . . . . . . . . . . . . . . . . . . . Address . . . . . . . . . . . . . . . . . . . . Witness to the above Signature . . . . . . . . . . . . . . . . . . . . Qualification . . . . . . . . . . . . . . . . . . . . Address . . . . . . . . . . . . . . . . . . . . Witness my hand this . . . . . . . . . . . . . . . . . . . . day of . . . . . . . . . . . . . . . . . . . . 2 . . . . . . . . . . . . . . . . . . . . Signature of person giving consent . . . . . . . . . . . . . . . . . . . . Address . . . . . . . . . . . . . . . . . . . . Witness to the above Signature . . . . . . . . . . . . . . . . . . . . Qualification . . . . . . . . . . . . . . . . . . . . Address . . . . . . . . . . . . . . . . . . . .
(b) Insert "Father", "Mother" or "Guardian" or where a residence order has effect with respect to the young person or had effect with respect to the young person immediately before he reached the age of sixteen, the persons with whom the young person lives or is to live, lived or was to live as a result of the order.
The . . . . . . . . . . . . . . . . . . . . Board/Trust, being the designated Health and Social Services Trust/Board in the care order dated . . . . . . . . . . . . . . . . . . . . 2 . . . . . . . . . . . . . . . . . . . . Registrar's District . . . . . . . . . . . . . . . . . . . . I/We . . . . . . . . . . . . . . . . . . . . of . . . . . . . . . . . . . . . . . . . . being the person(s) whose civil partnership registration on . . . . . . . . . . . . . . . . . . . . (day) . . . . . . . . . . . . . . . . . . . . (month). . . . . . . . . . . . . . . . . . . . (year) was entered on the . . . . . . . . . . . . . . . . . . . . (day) . . . . . . . . . . . . . . . . . . . .(month) . . . . . . . . . . . . . . . . . . . .(year) at No . . . . . . . . . . . . . . . . . . . . in the Registration of a Civil Partnership of the above District do solemnly and sincerely declare according to the best of my/our knowledge and belief that it is erroneously stated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . and that instead thereof it should be stated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Signature(s) of } . . . . . . . . . . . . . . . . . . . . person(s) making declaration } . . . . . . . . . . . . . . . . . . . . Declared before me this . . . . . . . . . . . . . . . . . . . . day of . . . . . . . . . . . . . . . . . . . . 2 . . . . . . . . . . . . . . . . . . . . Signature of person in whose presence declaration was made . . . . . . . . . . . . . . . . . . . . Qualification . . . . . . . . . . . . . . . . . . . . Intended civil partnership registration of . . . . . . . . . . . . . . . . . . . . and . . . . . . . . . . . . . . . . . . . . on . . . . . . . . . . . . . . . . . . . . date I . . . . . . . . . . . . . . . . . . . . being/on behalf of the Responsible Authority (Full Names) for the place of Detention/Hospital/Special Accommodation known as . . . . . . . . . . . . . . . . . . . . (Address) at which . . . . . . . . . . . . . . . . . . . . is being detained (Name of person) state that the Responsible Authority has no objection to the intended civil partnership registration taking place in the above establishment. (Signed) . . . . . . . . . . . . . . . . . . . . Designation . . . . . . . . . . . . . . . . . . . . Address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date . . . . . . . . . . . . . . . . . . . . To be made not more than 21 days before the date on which the civil partnership notice is given
Certified to be a true copy of an entry in the Civil Partnership Registration Records in the custody of the Registrar General for Northern Ireland and given under the Seal of the General Register Office on . . . . . . . . . . . . . . . . . . . . The Registrar General shall cause any document given by him under Section 155 of the Civil Partnership Act 2004 to be stamped with the Seal of the General Register Office of which judicial notice shall be taken. CAUTION: THERE ARE OFFENCES RELATING TO FALSIFYING OR ALTERING A CERTIFICATE AND USING OR POSSESSING A FALSE CERTIFICATE. © Crown Copyright. WARNING: A CERTIFICATE IS NOT EVIDENCE OF IDENTITY
Certified to be a true copy of an entry in the Civil Partnership Registration Records in my custody . . . . . . . . . . . . . . . . . . . . Registrar . . . . . . . . . . . . . . . . . . . . Date CAUTION: THERE ARE OFFENCES RELATING TO FALSIFYING OR ALTERING A CERTIFICATE AND USING OR POSSESSING A FALSE CERTIFICATE. © Crown Copyright. WARNING: A CERTIFICATE IS NOT EVIDENCE OF IDENTITY Issued only for the purposes of . . . . . . . . . . . . . . . . . . . .
Extract taken from the Civil Partnership Registration Records held in the custody of the Registrar General / Registrar which should only be used for the purpose specified. . . . . . . . . . . . . . . . . . . . . Signed . . . . . . . . . . . . . . . . . . . . Date The Industrial Assurance and Friendly Societies Act (Northern Ireland) 1948 (1948 c. 22) The Exchequer and Financial Provisions Act (Northern Ireland) 1950 (1950 c. 3) The Social Security Contributions and Benefits (Northern Ireland) Act 1992 (1992 c. 7) The Social Security Administration (Northern Ireland) Act 1992 (1992 c. 8) The Social Security (Northern Ireland) Acts 1975 to 1986 (This note is not part of the Regulations) These Regulations made under the Civil Partnership Act 2004 make provision for the various forms and particulars to be prescribed in connection with the preliminaries to, and the registering of civil partnerships. They also include procedures required for the approval of places by a local registration authority ("an authority") for civil partnership registration other than at the Registrar's Office. In particular the regulations set out— (1) the form required for giving notice of a proposed civil partnership ("a civil partnership notice") and the requirement for giving 14 days notice (regulation 3) and the giving of notice in person (regulation 4); (2) the particulars to be taken from each civil partnership notice and kept by the registrar (regulation 5); (3) the form of civil partnership schedule (regulation 6); (4) the parties who may apply for approval of a place for the registration of a civil partnership and the application procedures which those parties must follow for the different types of approval (regulations 7, 8 and 9); (5) the requirements for public notice of applications and third party objection procedure (regulations 10 and 11); (6) the considerations to be taken into account by an authority in determining an application (regulation 12); (7) the procedure for attaching standard conditions to a place approval (as set out in Schedule 3 to the Regulations) and non-standard conditions to either place or temporary place approvals (regulation 13), the notification of decisions (regulation 14), and a restriction on successive applications (regulation 15); (8) the duration of approvals (regulation 16) and the procedure for renewal (regulation 17); (9) the determination and charging of fees by an authority for the approval of places and renewal of approvals (regulation 18) and in respect of the attendance by registrars at approved places (regulation 19); (10) the grounds and procedures for revocation, suspension and variation of an approval (regulations 20 and 21); (11) the procedures for review of any decision by an authority under these regulations (regulation 22); (12) the grounds and procedures for appeal to the county court (regulation 23); (13) the deeming of a person who takes over the interest in a place approval as the approval holder (regulation 24); (14) the requirements for the keeping of registers of approved places (regulation 25); (15) the duty on the Registrar General to issue supplementary guidance (regulation 26); (16) the form of medical statement required where by reason of serious illness or disability a civil partnership registration is to take place at home or in hospital (regulation 27); (17) the form of consents required for persons over 16 years of age but under 18 years of age (regulation 28) and the particulars to be taken from each consent or court order (regulation 29); (18) the provision for correcting errors and the form of the statutory declaration to be completed (regulation 30); (19) the form of statement by a responsible authority where either party is detained in prison or hospital (regulation31); (20) the form of a certified copy of an entry in the civil partnership registration records in the custody of the registrar and the Registrar General (regulation 32); and (21) the extract from the civil partnership registration records to be issued for certain statutory provisions and the list of these provisions (regulation 33). Notes: [1] 2004 c. 33back
ISBN 0 337 96223 5
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