Citation, commencement and extent

1.—(1) These Regulations may be cited as the Civil Partnership (Registration and Records) (Amendment) Regulations 2021.

(2) These Regulations come into force on 4th May 2021.

(3) These Regulations extend to England and Wales.

Amendments to the Civil Partnership (Registration Provisions) Regulations 2005

2.  The Civil Partnership (Registration Provisions) Regulations 2005( 3) are amended as provided by regulations 3 to 11.

3.  In regulation 2(1)—

(a) omit the definition of “certified extract”;

(b) at the end insert—

““occupation” includes rank or profession. ”

4.—(1) Regulation 9 is amended as follows.

(2) In paragraph (1), for “(4)” substitute “(9)”.

(3) In paragraph (2)—

(a) in the words before sub-paragraph (a), for “space 6” substitute “space 5”;

(b) in sub-paragraph (h)—

(i) after “it shall” insert “(subject to paragraph (2A))”;

(ii) for “space 6” substitute “space 5”;

(c) in sub-paragraph (i)—

(i) after “it shall”, in the first place those words occur, insert “(subject to paragraph (2B))”;

(ii) for “space 6” substitute “space 5”;

(iii) omit the words from “, however” to the end;

(d) in sub-paragraph (j)—

(i) after “it shall” insert “(subject to paragraph (2C))”;

(ii) for “space 6” substitute “space 5”;

(e) in sub-paragraph (k)—

(i) after “it shall”, in the first place those words occur, insert “(subject to paragraph (2D))”;

(ii) for “space 6” substitute “space 5”;

(iii) omit the words from “, however” to the end;

(f) in sub-paragraph (l)(iv) for “space 6” substitute “space 5”.

(4) After paragraph (2) insert—

“(2A)  Where the circumstances are those in paragraphs (i) to (iv) of paragraph (2)(h) and a full gender recognition certificate has been issued under the Gender Recognition Act 2004 to either or each of the parties since the formation of the parties’ previous civil partnership—

(a) the registration authority must only make the entry required by paragraph (2)(h) if both parties ask for that entry to be made;

(b) if the parties do not ask for that entry to be made, the registration authority must instead, subject to sub-paragraph (c), enter the words “Previous civil partnership dissolved” in space 5 for each party;

(c) if a party asks for the word “Single” to be entered for that party instead of the words required by sub-paragraph (b), the registration authority must enter that word in space 5 for that party instead of making the entry required by that sub-paragraph for that party.

(2B)  Where the circumstances are those in paragraphs (i) to (iv) of paragraph (2)(i) and a full gender recognition certificate has been issued under the Gender Recognition Act 2004 to either or each of the parties since the solemnization of the parties’ previous marriage—

(a) the registration authority must only make the entry required by paragraph (2)(i) if both parties ask for that entry to be made;

(b) if the parties do not ask for that entry to be made, the registration authority must instead, subject to sub-paragraph (c), enter the words “Previous marriage dissolved” in space 5 for each party;

(c) if a party asks for the word “Single” to be entered for that party instead of the words required by sub-paragraph (b), the registration authority must enter that word in space 5 for that party instead of making the entry required by that sub-paragraph for that party.

(2C)  Where the circumstances are those in paragraphs (i) to (iv) of paragraph (2)(j) and a full gender recognition certificate has been issued under the Gender Recognition Act 2004 to either or each of the parties since the formation of the parties’ previous civil partnership—

(a) the registration authority must only make the entry required by paragraph (2)(j) if both parties ask for that entry to be made;

(b) if the parties do not ask for that entry to be made, the registration authority must instead, subject to sub-paragraph (c), enter the words “Previous civil partnership annulled” in space 5 for each party;

(c) if a party asks for the word “Single” to be entered for that party instead of the words required by sub-paragraph (b), the registration authority must enter that word in space 5 for that party instead of making the entry required by that sub-paragraph for that party.

(2D)  Where the circumstances are those in paragraphs (i) to (iv) of paragraph (2)(k) and a full gender recognition certificate has been issued under the Gender Recognition Act 2004 to either or each of the parties since the solemnization of the parties’ previous marriage—

(a) the registration authority must only make the entry required by paragraph (2)(k) if both parties ask for that entry to be made;

(b) if the parties do not ask for that entry to be made, the registration authority must instead, subject to sub-paragraph (c), enter the words “Previous marriage annulled” in space 5 for each party;

(c) if a party asks for the word “Single” to be entered for that party instead of the words required by sub-paragraph (b), the registration authority must enter that word in space 5 for that party instead of making the entry required by that sub-paragraph for that party. ”

(5) For paragraphs (3) and (4) substitute—

“(3)  The registration authority must enter information in space 8 of form 9, 10, 9 (w) or 10 (w) (as the case may be) in accordance with paragraphs (4) to (9).

(4)  Where a party provides the registration authority with the required information about a parent of that party for inclusion in the civil partnership document, the registration authority must—

(a) enter that information,

(b) if informed by the party that the parent has died, enter the word “deceased” after the parent’s surname, and

(c) if provided with the parent’s former occupation and informed by the party that the parent has or had retired from that occupation, enter the word “retired” after that occupation.

(5)  Subject to paragraph (6), where a party provides the registration authority with the required information about a step-parent of that party for inclusion in the civil partnership document, the registration authority must—

(a) enter that information,

(b) enter the word “step-parent” after the step-parent’s surname,

(c) if informed by the party that the step-parent has died, enter the word “deceased” after the word “step-parent”, and

(d) if provided with the step-parent’s former occupation and informed by the party that the step-parent has or had retired from that occupation, enter the word “retired” after that occupation.

(6)  The registration authority must not enter any information about any step-parent of a party under paragraph (5) if entering all of the required information about step-parents provided by the party for inclusion in the civil partnership document would result in information about more than four individuals in total being entered in space 8 in relation to that party (including information about any parent of the party).

(7)  The registration authority must not enter any information about a party’s parents or step-parents other than the information (if any) which this regulation requires the registration authority to enter.

(8)  Where the registration authority is not required by this regulation to enter any information at all in space 8 in relation to a party, the registration authority must cause a line to be drawn in ink or printed through that space in the column relating to that party.

(9)  In this regulation—

“step-parent”, in relation to a party, means a step-parent who is or has been married to, or the civil partner of, a parent of the party;

“the required information” about a parent or step-parent is the parent’s or step-parent’s—

5.  In regulation 10(2), for “spaces 3 to 10” substitute “spaces 3 to 8”.

6.—(1) Regulation 13 is amended as follows.

(2) In paragraph (2)—

(a) for “regulations 15 and 16” substitute “regulation 15”;

(b) omit “or a certified extract”.

(3) In paragraph (3) omit “or certified extracts”.

(4) In paragraphs (4) and (5) omit “or certified extract”.

7.—(1) Regulation 14 is amended as follows.

(2) In paragraph (2)—

(a) for “regulations 15 and 16” substitute “regulation 15”;

(b) omit “or a certified extract”.

(3) In paragraph (3)—

(a) omit “or certified extracts”;

(b) omit “or certified extract”.

(4) In paragraphs (4) and (5) omit “or certified extract”.

(5) In paragraph (6) omit “and certified extracts”.

8.—(1) Regulation 15 is amended as follows.

(2) In paragraph (1) omit “and a certified extract”.

(3) For paragraph (2) substitute—

“(2)  Any person is entitled to a certified copy if that person provides the Registrar General or the registration authority (as the case may be) with the information that person has obtained in relation to the civil partnership in question from the indexes of entries in the civil partnership register. ”

(4) Omit paragraphs (3), (4) and (5).

(5) In paragraph (5A) omit “or certified extract”.

9.  Omit regulation 16.

10.  In Schedule 1, in the table, omit the rows beginning “13” and “13 (w)”.

11.—(1) Schedule 2 is amended as follows.

(2) In the table—

(a) omit the rows beginning “step-father” and “step-mother”;

(b) at the end insert—

(3) In the forms set out after the table—

(a) for form 9 substitute the form set out under the heading “Form 9” in the Schedule to these Regulations;

(b) for form 9 (w) substitute the form set out under the heading “Form 9 (w)” in the Schedule to these Regulations;

(c) for form 10 substitute the form set out under the heading “Form 10” in the Schedule to these Regulations;

(d) for form 10 (w) substitute the form set out under the heading “Form 10 (w)” in the Schedule to these Regulations;

(e) for form 12 substitute the form set out under the heading “Form 12” in the Schedule to these Regulations;

(f) for form 12(w) substitute the form set out under the heading “Form 12(w)” in the Schedule to these Regulations;

(g) omit forms 13 and 13(w).

Amendments to the Civil Partnership (Registration Provisions) Regulations 2005: transitional provisions

12.—(1) Paragraph (2) applies where a person, immediately before 4th May 2021—

(a) was entitled under the Civil Partnership (Registration Provisions) Regulations 2005 to have a certified extract of an entry in the civil partnership register, but

(b) had not yet been issued with that certified extract.

(2) The person is not entitled to be issued with the certified extract but is instead entitled to have a certified copy (as defined in regulation 2(1) of those Regulations) of the entry.

13.—(1) In this regulation “the relevant amendments” are—

(a) the amendments made to regulation 13(4) and (5) of the Civil Partnership (Registration Provisions) Regulations 2005 by regulation 6(4),

(b) the amendments made to regulation 14(4), (5) and (6) of those Regulations by regulation 7(4) and (5), and

(c) the amendment made by regulation 3(a) to regulation 2(1) of those Regulations, so far as it revokes the definition of “certified extract” as it applies for the purposes of regulations 13 and 14 of those Regulations.

(2) The relevant amendments do not apply in relation to certified extracts of entries in the civil partnership register issued under the Civil Partnership (Registration Provisions) Regulations 2005 before 4th May 2021.

(3) In regulation 13(5) of those Regulations as it continues to apply by virtue of paragraph (2), for “in accordance with paragraph (3)” substitute “with the seal of the General Register Office”.

14.—(1) In this regulation “the relevant amendments” are—

(a) the amendment made by regulation 8(3), and

(b) the revocation of regulation 15(3) and (4) of the Civil Partnership (Registration Provisions) Regulations 2005 by regulation 8(4).

(2) The relevant amendments apply in relation to an application for a certified copy of an entry in the civil partnership register made under those Regulations before 4th May 2021 but not yet determined immediately before that date as they apply in relation to such an application made on or after that date.

Amendments to the Gender Recognition Register (Marriage and Civil Partnership) Regulations 2015

15.—(1) The Gender Recognition Register (Marriage and Civil Partnership) Regulations 2015( 4) are amended as provided by paragraphs (2) to (4).

(2) In regulation 15(2) omit “or certified extract”.

(3) In regulation 18 omit paragraph (2).

(4) In regulation 19—

(a) in paragraphs (1) and (2) omit “or certified extract”;

(b) in paragraph (3) for “in accordance with paragraph (2)” substitute “with the seal of the General Register Office”.

(5) A person who, immediately before 4th May 2021, was entitled to have a certified extract of an entry in the Gender Recognition Civil Partnership Register under regulation 18(2) of the Gender Recognition Register (Marriage and Civil Partnership) Regulations 2015 but had not yet been issued with that certified extract is not entitled to have it on or after that date.

Amendments to the Civil Partnerships Records Regulations 2016

16.—(1) In the Civil Partnerships Records Regulations 2016( 5), in regulation 2 omit paragraphs (3) and (4).

(2) The amendments made by paragraph (1) apply in relation to a record of information provided on or after 4th May 2021 under regulation 2(1) of those Regulations pursuant to a request made before that date as they apply in relation to such a record provided under that regulation pursuant to a request made on or after that date.

Regulation 11(3)(a) to (f)

SCHEDULE New civil partnership forms

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Civil Partnership (Registration Provisions) Regulations 2005 (“the 2005 Regulations”), the Gender Recognition Register (Marriage and Civil Partnership) Regulations 2015 (“the 2015 Regulations”) and the Civil Partnerships Records Regulations 2016 (“the 2016 Regulations”).

The 2005 Regulations make provision about the registration of civil partnerships and include prescribed forms. Regulations 2 to 14 of these Regulations amend the 2005 Regulations and make related transitional provision.

The 2005 Regulations currently provide for the issuing of certified extracts and certified copies of entries on the civil partnership register. A certified extract does not include the addresses of the civil partners, but a certified copy does. Certified copies are only available to the parties themselves (when their civil partnership is formed) and to persons who are able to provide the full addresses of both civil partners. This is subject to exceptions which enable the Registrar General to authorise the issue of a certified copy where it is reasonable to do so and allow for unrestricted access to certified copies when 50 years have elapsed since the formation of the civil partnership. Regulations 3(a), 6 to 10 and 11(3)(g) of these Regulations remove the provision made by the 2005 Regulations for the issuing of certified extracts, and provide for certified copies to be issued (on payment of a fee) to anyone who provides the Registrar General or registration authority with the information about the civil partnership in question that they have obtained by searching the indexes of register entries. The amendments do not affect the parties’ existing entitlement to obtain a certified copy. Regulations 12, 13 and 14 make transitional provision relating to the availability and status of certified extracts, and the availability of certified copies, on and after 4th May 2021 (the date on which the amendments made by these Regulations come into force).

Regulations 4 and 5 amend regulations 9 and 10 of the 2005 Regulations. Regulation 9 of the 2005 Regulations makes provision about the information to be included in forms 9 and 9 (w) (the forms for a civil partnership schedule issued under section 14(1) of the Civil Partnership Act 2004) and forms 10 and 10 (w) (the forms for a Registrar General’s licence issued under section 25(2) of that Act). Regulation 10 of the 2005 Regulations provides for the verification and correction of information entered in these forms. Regulation 11(3)(a) to (d) of these Regulations substitutes new versions of these forms, which are set out in the Schedule. The amendments to regulations 9 and 10 of the 2005 Regulations reflect the changes to these forms. The amendments also provide for the manner in which information is to be entered on these forms in cases where the parties to the proposed civil partnership have most recently been married to, or in a civil partnership with, each other and a full gender recognition certificate has been issued to either or each of them since then. The amendments also make provision about entering details of the parties’ parents and step-parents on the forms. Regulations 3(b) and 11(2) make further related amendments.

Regulation 11 of the 2005 Regulations prescribes the information to be recorded in the civil partnership register under section 2(4) of the Civil Partnership Act 2004 after the formation of a civil partnership. It requires the recording of the information on form 12 (where the civil partnership was formed in England) or form 12 (w) (where the civil partnership was formed in Wales). Regulation 11(3)(e) and (f) of these Regulations substitutes new versions of these forms, which are set out in the Schedule.

Regulation 15 amends the 2015 Regulations. As explained above, provision for issuing certified extracts of entries in the civil partnership register is removed by these Regulations. Regulation 15 similarly removes provision for issuing certified extracts of entries in the Gender Recognition Civil Partnership Register. It also removes a reference to certified extracts of civil partnership register entries.

Regulation 16 amends the 2016 Regulations, which provide for information contained in an entry in the Registrar General’s register of civil partnerships to be provided in portable document format to a person applying via the websitewww.gov.uk. Regulation 16 removes the requirement that such information must not include the full addresses of the civil partners unless the applicant provides those addresses to the Registrar General when applying or 50 years have elapsed since the formation of the civil partnership.

A full impact assessment has not been produced for this instrument because no, or no significant, impact on the private, voluntary or public sector is foreseen.