Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010

Amendment of section 2 of Act of 2004.

7.— (1) Section 2(1) of the Act of 2004 is amended—

(a) by inserting the following definitions:

“ ‘Act of 2010’ means the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010;

‘civil partner’ has the meaning assigned to it by the Act of 2010;

‘civil partnership registration’ means registration under section 59D;

‘civil status’ means being single, married, separated, divorced, widowed, in a civil partnership or being a former civil partner in a civil partnership that has ended by death or been dissolved;

‘dissolution’ means dissolution of a civil partnership under section 110 of the Act of 2010;”,

(b) by substituting the following definition for the definition “ decree of divorce”:

“ ‘decree of divorce’ has the meaning assigned to it by the Family Law (Divorce) Act 1996 ;”,

(c) by substituting the following definition for the definition “ decree of nullity”:

“ ‘decree of nullity’—

(a) in the case of a decree of nullity of marriage, has the meaning assigned to it by the Family Law (Divorce) Act 1996 , and

(b) in the case of a decree of nullity of civil partnership, has the meaning assigned to it by the Act of 2010;”,

(d) in the definition of “event”, by substituting “divorce, decree of nullity, civil partnership registration or dissolution” for “divorce or decree of nullity”,

(e) in the definition of “registrar” —

(i) by inserting the following paragraph after paragraph (a):

“(aa) in relation to a civil partnership registration or intended civil partnership registration, or the register of civil partnerships, means a registrar within the meaning of section 17,”,

(ii) in paragraph (d), by substituting “,” for “, and”, and

(iii) by substituting the following paragraphs for paragraph (e):

“(e) in relation to a decree of nullity of marriage or the register of decrees of nullity of marriage, means the Courts Service,

(f) in relation to a decree of dissolution, or the register of decrees of dissolution, means the Courts Service, and

(g) in relation to a decree of nullity of a civil partnership or the register of decrees of nullity of civil partnerships, means the Courts Service,”.

(2) Section 2(2) of the Act of 2004 is amended—

(a) in paragraph (d), by substituting “,” for “, or”,

(b) in paragraph (e) by substituting “sex, or” for “sex.”, and

(c) by inserting the following paragraph after paragraph (e):

“(f) one of the parties to the marriage is, or both are, already party to a subsisting civil partnership.”.

(3) Section 2 of the Act of 2004 is amended by inserting the following subsection after subsection (2):

“(2A) For the purposes of this Act, there is an impediment to a civil partnership registration if—

(a) the civil partnership would be void by virtue of the Third Schedule,

(b) one of the parties to the intended civil partnership is, or both are, already party to a subsisting civil partnership,

(c) one or both of the parties to the intended civil partnership will be under the age of 18 years on the date of the intended civil partnership registration,

(d) one or both of the parties to the intended civil partnership does not give free and informed consent,

(e) the parties are not of the same sex, or

(f) one of the parties to the intended civil partnership is, or both are, married.”.