The Immigration (Procedure for Formation of Civil Partnerships) Regulations 2005

• Citation: S.I. 2005/2917
• Sections: 8

Section 1 Citation, commencement and interpretation

(1) These Regulations may be cited as the Immigration (Procedure for Formation of Civil Partnerships) Regulations 2005.

(2) Subject to paragraph (3), these Regulations shall come into force on 5th December 2005.

(3) This regulation, regulations 2 and 3 and Schedule 1 shall come into force on 14th November 2005.

Section 2 Citation, commencement and interpretation

In these Regulations—

(a) “the 2004 Act ” means the Civil Partnership Act 2004; and

(b) “civil partnership” means a civil partnership which exists under or by virtue of the 2004 Act.

Section 3 Application for permission

(1) A person seeking the permission of the Secretary of State to form a civil partnership in the United Kingdom under paragraph 2(1)(b) of Schedule 23 to the 2004 Act shall—

(a) make an application in writing; and

(b) pay a fee of £135 on the submission of the application.

(2) The information set out in Schedule 1 to these Regulations is to be contained in or provided with the application.

(3) The fee is to be paid to the Immigration and Nationality Directorate of the Home Office—

(a) by a cheque or postal order crossed and made payable to “Home Office Certificates of Approval”; or

(b) by means of any debit card or credit card which that Directorate accepts.

Section 4 Specified classes of person

(1) The following persons are specified for the purpose of paragraph 2(1)(c) of Schedule 23 to the 2004 Act—

(a) persons who are settled in the United Kingdom; and

(b) persons to whom Schedule 3 to the 2004 Act applies.

(2) In this regulation, “settled in the United Kingdom” has the meaning given in paragraph 6 of the immigration rules (which are the rules laid before Parliament under section 3(2) of the Immigration Act 1971 ).

Section 5 Specified registration authorities in England and Wales

(1) The registration authorities in England and Wales listed in the left-hand column of Schedule 2 to these Regulations are specified for the purposes of paragraph 4(1)(a) of Schedule 23 to the 2004 Act.

(2) An employee or officer or other person provided by a specified registration authority is a “relevant individual” for the purposes of paragraph 4(1)(b) and (2) of Schedule 23 to the 2004 Act if he—

(a) is authorised by that authority to attest notices of proposed civil partnership; and

(b) is located at the office specified in relation to that authority in the right-hand column of Schedule 2 to these Regulations.

Section 6 Specified registration districts in Scotland

Every registration district in Scotland is specified for the purposes of paragraph 9(1)(a) of Schedule 23 to the 2004 Act.

Section 7 Prescribed registrars in Northern Ireland

The registrar of every register office in Northern Ireland is prescribed for the purposes of paragraph 13(1)(a) of Schedule 23 to the 2004 Act.

Section 8 Amendment to the Immigration (Procedure for Marriage) Regulations 2005

(1) The Immigration (Procedure for Marriage) Regulations 2005 are amended as follows.

(2) In Schedule 2 to those Regulations, after the words “Whether he has previously been married”, insert on both occasions “or formed a civil partnership”.