Commentary on Sections Part 3 - Civil Partnerships: Scotland.Introduction Chapter 2 - Registration Section 97: Certificates of no impediment for part 2 purposes
192.This section applies where two people intend to register as civil partners of each other and one (“A”) resides in Scotland and the other (“B”) resides in England or Wales. Subsections (1) and (2) would allow “A” to submit a notice of intention to register in Scotland under section 88. Under subsection (3), if the district registrar is satisfied that there is no impediment to “A” registering as “B’s” civil partner, the district registrar must issue a certificate that there is not known to be any impediment. Subsection (4) states that the certificate is not to be issued earlier than 14 days after receipt of the notice, except in circumstances relating to section 96(1) where “A” elects for the certificate to be issued as soon as possible. The form of the certificate is to be prescribed by the Registrar General. Subsection (5) allows for an objection to be made to the district registrar in writing by any person before a certificate is issued. Subsection (6) states that the district registrar is obliged to take into account any objection when he is deciding whether he is satisfied that there is no legal impediment.