Commentary on Sections Part 4: Marriage and Civil Partnership Schedule 4: Referral of proposed marriages and civil partnerships in England and Wales Supply of additional information and evidence
278.Paragraph 19 amends section 8 of the Civil Partnership Act 2004 to include in the declaration to be included with the notice of proposed civil partnership a statement that the proposed civil partner believes that all the information in the notice and the information and evidence supplied with it are true.
279.Paragraph 20 inserts a new section 8A (additional information if party not relevant national) into the Civil Partnership Act 2004. Section 8A does not apply to a proposed civil partnership under Schedule 3 to the Civil Partnership Act 2004 (civil partnership between former spouses one of whom has changed sex). Where applicable, section 8A requires that, if either or both parties giving notice of a proposed civil partnership are not relevant nationals (British citizens, EEA nationals or Swiss nationals), they must declare that (i) they have the appropriate immigration status under section 49(2) (and, if so, what that is); (ii) they have a relevant visa under section 49(4) (and, if so, what that is); or (iii) they have neither the appropriate immigration status nor a relevant visa. Where either or both parties do not have the appropriate immigration status or a relevant visa, it also provides for the notice to be accompanied by a statement of their immigration position in the UK.
280.The new section 8A also requires that, where one or both parties has a relevant visa, both parties must provide specified photographs of themselves.
281.The new section 8A also requires, that where one or both parties declare that they have neither the appropriate immigration status nor a relevant visa, both parties must provide specified photographs of themselves; their usual address; if their usual address is outside the UK, an address in the UK at which they can be contacted by post; and information about any other names previously used, and any aliases previously or currently used.
282.Paragraph 21 substitutes for section 9 (evidence) of the Civil Partnership Act 2004 a new section 9, new section 9A (additional evidence if party not relevant national), new section 9B (change of usual address or UK contact address), new section 9C (rejection of false information or evidence), new section 9D (amendment of notice and evidence provisions), new section 9E (specified evidence) and new section 9F (recording of information in the register: compliance with requirements).
283.The new section 9 (evidence) requires that a notice of proposed civil partnership under section 8 must be accompanied by evidence, specified in regulations made under the new section 9E, of the person’s name and surname, date of birth, place of residence, nationality and whether the person has previously formed a civil partnership or been married and, if so, as to the ending of the civil partnership or marriage.
284.The new section 9A (additional evidence if party not relevant national) requires that, where either or both parties are not relevant nationals (British citizens, EEA nationals or Swiss nationals), a notice of proposed civil partnership under section 8 must be accompanied by evidence, specified in regulations made under the new section 9E, that they have the appropriate immigration status under section 49(2) or a relevant visa under section 49(4), if either is the case. Where the notice is not accompanied by this evidence, it requires the notice to be accompanied by specified photographs of both parties; their usual address and specified evidence of this; if their usual address is outside the UK, an address in the UK at which they can be contacted by post; and information about any other names previously used, and any aliases previously or currently used.
285.The new section 9B (change of usual address or UK contact address) requires that, once notice has been given, any change of usual address or UK contact address (where such an address has been provided), must be notified by the couple to the Secretary of State, according to regulations.
286.The new section 9C (rejection of false information or evidence) provides that a registration authority may reject any information, photograph or evidence provided in giving notice under section 8 where they have reasonable grounds for suspecting that the information, photograph or evidence is false. If any information, photograph or evidence is rejected, the registration authority may proceed as if it had not been provided.
287.The new section 9D (amendment of notice and evidence provisions) provides that, subject to consultation with the Registrar General, the Secretary of State may by order amend the information or evidence required to give notice of civil partnership under section 8.
288.The new section 9E (specified evidence) provides for the Registrar General to make regulations, with the approval of the Secretary of State, about specified evidence for the purpose of section 9. It also provides that, subject to consultation with the Registrar General, the Secretary of State may make regulations about specified evidence for the purposes of new section 9A. The regulations under this section may make provision for example for the kind of evidence to be supplied, the form in which it is to be supplied, and the manner in which it is to be supplied.
289.The new section 9F (recording of information in the register: compliance with requirements) instructs a registration authority not to enter information relating to a proposed civil partnership where various requirements imposed under the Civil Partnership Act 2004 (including, in particular, requirements inserted into that Act by this Act) have not been complied with.