Assisted Decision-Making (Capacity) Act 2015

Amendment of Civil Registration Act 2004

143. The Civil Registration Act 2004 is amended—

(a) in section 2(2), by substituting the following for paragraph (d):

“(d) one of the parties to the proposed marriage lacks, or both of the parties to the proposed marriage lack, the capacity (within the meaning of the Assisted Decision-Making (Capacity) Act 2015) to consent to the marriage,”,

(b) in section 2(2A), by substituting the following for paragraph (d):

“(d) one of the parties to the proposed civil partnership lacks, or both of the parties to the proposed civil partnership lack, the capacity (within the meaning of the Assisted Decision-Making (Capacity) Act 2015) to consent to the civil partnership,”,

(c) in section 58—

(i) in subsection (9)(a), by substituting “Subject to subsection (12), a party” for “A party”, and

(ii) by substituting the following for subsection (11):

“(11) An objection on the ground that one of the parties to the proposed marriage lacks, or both of the parties to the proposed marriage lack, the capacity to consent to the marriage shall be accompanied by—

(a) a copy of a declaration by the Circuit Court under section 37 (1) of the Assisted Decision-Making (Capacity) Act 2015 that one of the parties to the proposed marriage lacks, or both of the parties to the proposed marriage lack, the capacity to make a decision to consent to being married,

(b) a copy of a declaration by the Circuit Court under section 37 (1) of the Assisted Decision-Making (Capacity) Act 2015 that one of the parties to the proposed marriage lacks, or both of the parties to the proposed marriage lack, the capacity to make the class of decisions specified in the declaration where the decision to consent to being married is a decision which falls within that class of decisions, or

(c) a copy of an application made under Part 5 of the Assisted Decision-Making (Capacity) Act 2015 (accompanied by a copy of a related interim order of the Circuit Court under that Part) to the Circuit Court by the person making the objection where the application relates (whether in whole or in part) to the capacity of one of the parties, or both of the parties, to the proposed marriage to make a decision to consent to being married.

(12) Without prejudice to section 141 of the Assisted Decision-Making (Capacity) Act 2015, subsection (9) shall not apply to a decision referred to in that subsection to the extent that the decision relates to an objection referred to in subsection (11).”,

and

(d) in section 59F—

(i) in subsection (11), by substituting “Subject to subsection (15), a party” for “A party”, and

(ii) by substituting the following for subsection (14):

“(14) An objection on the ground that one of the parties to the proposed civil partnership lacks, or both of the parties to the proposed civil partnership lack, the capacity to consent to being in a civil partnership shall be accompanied by—

(a) a copy of a declaration by the Circuit Court under section 37 (1) of the Assisted Decision-Making (Capacity) Act 2015 that one of the parties to the proposed civil partnership lacks, or both of the parties to the proposed civil partnership lack, the capacity to make a decision to consent to being in a civil partnership,

(b) a copy of a declaration by the Circuit Court under section 37 (1) of the Assisted Decision-Making (Capacity) Act 2015 that one of the parties to the proposed civil partnership lacks, or both of the parties to the proposed civil partnership lack, the capacity to make the class of decisions specified in the declaration where the decision to consent to being in a civil partnership is a decision which falls within that class of decisions, or

(c) a copy of an application made under Part 5 of the Assisted Decision-Making (Capacity) Act 2015 (accompanied by a copy of a related interim order of the Circuit Court under that Part) to the Circuit Court by the person making the objection where the application relates (whether in whole or in part) to the capacity of one of the parties, or both of the parties, to the proposed civil partnership to make a decision to consent to being in a civil partnership.

(15) Without prejudice to section 141 of the Assisted Decision-Making (Capacity) Act 2015, subsection (11) shall not apply to a decision referred to in that subsection to the extent that the decision relates to an objection referred to in subsection (14).”.