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You are here: BAILII >> Databases >> Statutory Rules of Northern Ireland >> The Civil Partnership Regulations (Northern Ireland) 2005 No. 482 URL: http://www.bailii.org/nie/legis/num_reg/2005/20050482.html |
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Made | 4th November 2005 | ||
Coming into operation | 5th December 2005 |
(2) The Interpretation Act (Northern Ireland) 1954[2] shall apply to these regulations as it applies to an Act of the Assembly.
Civil Partnership Notice
3.
—(1) A civil partnership notice shall be in the form as set out in Schedule 1.
(2) The civil partnership notice for each party to a civil partnership intended to be registered in Northern Ireland shall be served on the registrar at least 14 days before the date of the intended civil partnership except where—
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—
Civil Partnership Notice Book
5.
The prescribed particulars, in relation to a person to be taken from each civil partnership notice received by the registrar, shall be that person's—
Civil Partnership Schedule
6.
A civil partnership schedule shall be in the form set out in Schedule 2.
Civil Partnership Registration in Approved Places
Applicants for an approval of a place for civil partnership registration
7.
—(1) An application for a place approval may, following the procedures set out in regulation 8, be made to the authority by any person.
(2) An application for a temporary approval may, following the procedures set out in regulation 9, be made to the authority by either of the parties to an intended civil partnership registration in respect of any place which at the time of the application does not have place approval, other than one where an approval will expire before the date of the intended civil partnership registration.
Place approvals
8.
—(1) An applicant for place approval shall deliver to the authority an application in writing to include—
(2) The required fee, or an amount on account of that fee, determined in accordance with regulation 18, must accompany the application.
(3) The applicant shall provide the authority with such additional information as the authority may reasonably require in order to determine the application.
(4) The authority may, if it considers it to be appropriate after receiving the application, arrange for the place to be inspected.
Temporary place approvals
9.
—(1) An applicant for a temporary place approval shall deliver to the authority an application in writing to include—
(2) The required fee, or an amount on account of that fee, determined in accordance with regulation 18, must accompany the application.
(3) The applicant shall provide the authority with such additional information as the authority may reasonably require in order to determine the application.
(4) The authority may, if it considers it to be appropriate after receiving the application, arrange for the place to be inspected.
Public notice
10.
—(1) As soon as practicable after receiving an application the authority shall, in accordance with paragraph (2), cause a notice to be placed on public display at the place named in the application.
(2) The notice referred to in paragraph (1) shall—
Objections
11.
—(1) Any person may give notice in writing to the authority of an objection to an application in accordance with this regulation.
(2) The authority shall consider the objection provided that the objection—
(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).
(4) The authority shall send a copy of any objection submitted in accordance with this regulation to the applicant.
Determination of applications
12.
—(1) The authority shall not grant an approval if the application has not been made in accordance with these regulations.
(2) The authority shall not grant an approval if, in its opinion—
(3) The authority shall not grant an approval without—
(4) The authority shall not grant a place approval if, in its opinion, the applicant is not a fit and proper person.
Conditions attached to approvals
13.
In granting an approval the authority—
Notification of decisions
14.
—(1) The authority shall, within 7 days of its decision, notify the applicant in writing of that decision including any conditions attached to an approval under regulation 13.
(2) If an application for an approval is refused, or if any conditions are attached under regulation 13(b), the authority shall include with the notification under paragraph (1)—
(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.
Restriction on successive applications
15.
Where the authority has refused an application for an approval it shall not, within one year of that refusal, consider a subsequent application for the same kind of approval in respect of the same place unless, in its opinion, there has been a material change in the circumstances.
Duration of approvals
16.
—(1) Subject to regulations 17(3), 20 and 21, a place approval shall be valid from the date it is granted for a period of three years, or such lesser period as the authority may determine.
(2) Subject to regulations 20 and 21, a temporary place approval shall be valid only for the date stated in that approval unless the authority, on the request of the applicant in writing, agrees to amend the stated date.
Renewal of place approvals
17.
—(1) An application for renewal of a place approval may be made by the approval holder.
(2) Regulations 8 and 10 to 16 shall apply to an application to renew a place approval as they apply to an application for a place approval and as though any reference in them—
(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.
Fees for applications and renewals
18.
—(1) An authority may, in accordance with this regulation, determine a fee in respect of an application for an approval, or the renewal of a place approval.
(2) A fee determined for a particular application or renewal shall not exceed the amount which reasonably represents the costs incurred or to be incurred by the authority in respect of that application or renewal.
(3) An authority may charge a fee in respect of an application or renewal, or an amount on account of such fee, where it has not yet incurred any costs in respect of that application or renewal.
Fees for attendance of Registrars
19.
An authority may determine a fee in respect of the attendance by the registrar at approved places and any such fee shall—
Revocation and suspension of approvals
20.
—(1) An authority may revoke or suspend an approval in accordance with the provisions of this regulation.
(2) An authority may revoke or suspend an approval if in its opinion—
(3) Subject to paragraph (6), an authority before revoking or suspending an approval shall give—
an opportunity to be heard by the authority or, if that person prefers, to submit written representations.
(4) The authority shall have complied with its duty under paragraph (3) if it has served on the persons referred to in that paragraph, not later than 21 days before the hearing, notice that the authority propose to hold a hearing, together with a copy of any representations referred to in paragraph (3)(b) and a note of the grounds upon which the revocation or suspension of the approval is to be considered.
(5) A revocation or suspension of an approval shall, subject to paragraph (7), come into operation—
(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.
(7) The period of suspension of an approval shall be the unexpired portion of the duration of that approval, or such shorter period as the authority may determine; and the effect of suspension shall be that the approval shall cease to have effect during the period of the suspension.
(8) An authority may, whether upon an application made to them or not, recall a suspension of an approval made under this regulation.
(9) An authority shall within 7 days of its decision under paragraph (1) serve notice of its decision, together with details of the right to a review of the decision under regulation 22, on the approval holder and any person who in pursuance of paragraph (3)(b) was heard by or submitted written representation to, the authority before it reached its decision.
(10) Upon receipt of the notice of revocation or suspension under paragraph (9) the approval holder shall forthwith serve notice of the revocation or suspension on all parties whose intended civil partnerships have not yet been registered in the place in respect of which the notice of revocation or suspension has been received.
Variation of approvals
21.
—(1) Subject to the following paragraphs an authority may, at any time, vary the conditions attached to an approval under regulation 13(b) on any grounds it thinks fit.
(2) An authority, before proceeding to vary an approval under paragraph (1) shall, no later than 7 days before the day on which the proposed variation is to be considered, notify the approval holder in writing of the proposed variation and shall give that person an opportunity to be heard by the authority on that day or, if preferred by the approval holder, to submit written representations.
(3) An authority shall, within 7 days of its decision under paragraph (1), serve notice of its decision on the approval holder, together with details of the right to a review of the decision under regulation 22.
(4) A variation of an approval shall come into operation—
Review
22.
—(1) An applicant or an approval holder may seek a review by the authority of any decision made by the authority in relation to an application (including any decision to revoke or suspend, or vary any of the conditions imposed in relation to, an approval granted in pursuance of that application).
(2) An application for review under paragraph (1) must be lodged with the authority within 14 days of the date of receipt of the notice served by the authority informing the approval holder of its decision.
(3) On review under paragraph (1) the authority shall notify the applicant or the approval holder of its decision together with details of the right of appeal to the county court in accordance with regulation 23.
Appeal
23.
—(1) An applicant or an approval holder may appeal any decision made by an authority on review under regulation 22 to the county court.
(2) An appeal under paragraph (1) must be lodged within 28 days of the date of receipt of the notice served under regulation 22(3).
(3) An appeal under paragraph (1) may be made only on one or more of the following grounds—
Deemed approval holder
24.
—(1) Without prejudice to the provisions of these regulations as to the duration, or the revocation, suspension or variation, of an approval, a place approval shall remain in operation notwithstanding that the approval holder ceases to have an interest in the approved place and the person to whom his interest is transferred shall be deemed to be the approval holder in his place.
(2) Where a person is deemed to be an approval holder under paragraph (1) that person shall immediately notify the authority of that fact, whereupon the authority shall consider the matter and may revoke, suspend or vary the approval, in accordance with regulations 20 and 21.
Registers of approved places
25.
—(1) Each authority shall keep a register of every approved place within its area for which an approval has been granted, containing—
(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.
(3) The authority shall, on making or amending any entry in the register under paragraph (2), deliver forthwith a copy of that entry or amendment to the Registrar General and to the registrar.
(4) The authority shall make the register available for public inspection during the normal working hours of the authority.
Guidance concerning grants of approval and approved places
26.
The Registrar General shall from time to time issue guidance supplementing the provisions made by these regulations for or in connection with the approval of places where civil partnerships will be registered.
Medical statement
27.
The medical statement for the purposes of section 144(6) of the Act shall be in the form set out in Schedule 4.
Consent
28.
The relevant consents for the purpose of section 145 of the Act shall be in the form set out in Schedule 5.
29.
The prescribed particulars to be taken from an order made under Schedule 13 Part 2 or from each consent under Schedule 13 Part 3 of the Act shall be—
Corrections
30.
—(1) The Registrar General or any registrar may—
(2) The statutory declaration referred to in paragraph (1)(b) shall be in the form set out in Schedule 6.
Detained persons
31.
The statement for the purposes of section 149(2) of the Act shall be in the form set out in Schedule 7.
Certified copies of entries
32.
The document given under section 155(3)(b) of the Act—
33.
—(1) The document for the purposes of section 156(1) of the Act shall be in the form set out in Schedule 10.
(2) The statutory provisions to be prescribed under section 156(1) of the Act are listed in Schedule 11.
Sealed with the Official Seal of the Department of Finance and Personnel on
4th November 2005.
L.S.
T. N. Caven
Senior Officer of the Department of Finance and Personnel
Registered at Entry No | Civil Partnership Notice Reference | |
▭ | ▭ | |
1.
Date of Civil Partnership Registration |
||
2.
Place of Civil Partnership Registration |
||
3.
Forename(s) Surname |
Civil Partner | Civil Partner |
4.
Occupation |
||
5.
Status |
||
6.
Date of birth |
||
7.
Country of birth |
||
8.
Usual address |
||
9.
Father's Full Name Occupation |
||
10.
Mother's full name Maiden surname Occupation |
||
11.
Parties to the civil partnership |
(Civil Partner's Signature) | (Civil Partner's Signature) |
12.
Witnesses' Signatures |
(Signature) | (Signature) |
Names and | Full name in block capitals | Full name in block capitals |
Addresses | Address | Address |
13.
Registered by |
(Signature) | Registrar |
Full name in block capitals | ||
14.
Recorded by |
(Signature) | Designation |
15.
Recorded on |
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.
5.
The approved place must be made available for inspection by the authority at all reasonable times.
6.
No food or drink may be sold or dispensed or consumed in any approved place in which a civil partnership registration is to take place within one hour prior to that registration or during the registration itself, except where the registration takes place in a separate room or similarly defined space within the approved place in which case this restriction shall apply only to that room or space.
7.
The arrangements made by the approval holder for each civil partnership registration must meet with the prior written approval of the registrar.
8.
—(1) Any reference to an approved place on any sign or notice, or on any stationery or publication, or within any advertisement, relating to that place may state, subject to sub-paragraph (2), that the approved place has been approved by the authority as a venue for civil partnership registration in pursuance of the Act and if it does so, must state that such an approval does not bind the authority to perform or provide a service without prior consultation with and agreement of said authority.
(2) Any reference under sub-paragraph (1) shall not state or imply any recommendation of the approved place or its facilities by the authority, the Registrar General or any of the officers or employees of either of them.
Date . . . . . . . . . . . . . . . . . . . . | (Signed) . . . . . . . . . . . . . . . . . . . . |
Address . . . . . . . . . . . . . . . . . . . . |
The . . . . . . . . . . . . . . . . . . . . Board/Trust, being the designated Health and Social Services Trust/Board in the care order dated . . . . . . . . . . . . . . . . . . . . 2 . . . . . . . . . . . . . . . . . . . .
hereby consents to the intended civil partnership registration as described above.
Signed . . . . . . . . . . . . . . . . . . . . on behalf of the above Trust/Board this . . . . . . . . . . . . . . . . . . . . day of . . . . . . . . . . . . . . . . . . . . 2 . . . . . . . . . . . . . . . . . . . .
Qualification . . . . . . . . . . . . . . . . . . . .
In the presence of . . . . . . . . . . . . . . . . . . . . Signature . . . . . . . . . . . . . . . . . . . . name & surname
Qualification . . . . . . . . . . . . . . . . . . . .
Where only one Parent gives consent — please state reason below:
. . . . . . . . . . . . . . . . . . . .
Registrar's Signature: . . . . . . . . . . . . . . . . . . . . Date: . . . . . . . . . . . . . . . . . . . .
Civil Partnership Registered in the District of | Entry No : | |
1.
Date of Civil Partnership Registration |
||
2.
Place of Civil Partnership Registration |
||
3.
Forename(s) Surname |
Civil Partner | Civil Partner |
4.
Occupation |
||
5.
Status |
||
6.
Date of birth |
||
7.
Country of birth |
||
8.
Usual address |
||
9.
Father's Full Name Occupation |
||
10.
Mother's full name Maiden surname Occupation |
||
11.
Parties to the civil partnership |
(Civil Partner's Signature) | (Civil Partner's Signature) |
12.
Witnesses' Signatures |
(Signature) | (Signature) |
Names and | Full name in block capitals | Full name in block capitals |
Addresses | Address | Address |
13.
Registered by |
(Signature) | Registrar |
Full name in block capitals | ||
14.
Recorded by |
(Signature) | Designation |
15.
Recorded on |
Civil Partnership Registered in the District of | Entry No : | |
1.
Date of Civil Partnership Registration |
||
2.
Place of Civil Partnership Registration |
||
3.
Forename(s) Surname |
Civil Partner | Civil Partner |
4.
Occupation |
||
5.
Status |
||
6.
Date of birth |
||
7.
Country of birth |
||
8.
Usual address |
||
9.
Father's full name Occupation |
||
10.
Mother's full name Maiden surname Occupation |
||
11.
Parties to the civil partnership |
(Civil Partner's Signature) | (Civil Partner's Signature) |
12.
Witnesses' Signatures |
(Signature) | (Signature) |
Names and | Full name in block capitals | Full name in block capitals |
Addresses | Address | Address |
13.
Registered by |
(Signature) | Registrar |
Full name in block capitals | ||
14.
Recorded by |
(Signature) | Designation |
15.
Recorded on |
Extract from Civil Partnership Registered in the District of | Entry No : | |
1.
Date of Civil Partnership Registration |
||
2.
Place of Civil Partnership Registration |
||
3.
Forename(s) Surname |
Civil Partner | Civil Partner |
4.
Occupation |
||
5.
Status |
||
6.
Date of birth |
||
7.
Country of birth |
||
8.
Registered by |
Registrar | |
9.
Recorded on |