The Marriage and Civil Partnership (Northern Ireland) (No. 2) Regulations 2020

JurisdictionUK Non-devolved
CitationSI 2020/1143

2020 No. 1143

Civil Partnership, Northern Ireland

Marriage, Northern Ireland

The Marriage and Civil Partnership (Northern Ireland) (No. 2) Regulations 2020

Made 20th October 2020

Laid before Parliament 22th October 2020

Coming into force 7th December 2020

The Secretary of State makes these Regulations in exercise of the powers conferred by sections 8 and 11 of the Northern Ireland (Executive Formation etc) Act 20191.

1 Introductory

PART 1

Introductory

S-1 Citation, commencement and extent

Citation, commencement and extent

1.—(1) These Regulations may be cited as the Marriage and Civil Partnership (Northern Ireland) (No. 2) Regulations 2020.

(2) These Regulations come into force on 7th December 2020.

(3) These Regulations extend to Northern Ireland only, subject to paragraphs (4) to (7).

(4) Regulation 4(5), regulation 31 except paragraph (1), and regulation 44(2), extend to Northern Ireland, and England and Wales.

(5) Regulations 32, 36, 38(2) and 44(4) extend to England and Wales only.

(6) Regulations 33, 44(1) and (3), 45 and 46 extend to Northern Ireland, England and Wales, and Scotland.

(7) Regulations 38(1) and (3) to (5) and 47 extend to England and Wales, and Scotland, only.

S-2 Interpretation: general

Interpretation: general

2. In these Regulations—

“the 2014 Regulations” means the Marriage of Same Sex Couples (Conversion of Civil Partnership) Regulations 20142;

“convertible Northern Ireland civil partnership” means—

(a) a civil partnership formed by two people registering as civil partners of each other in Northern Ireland under Part 4 of the Civil Partnership Act 20043,

(b) a civil partnership formed by two people registering as civil partners of each other under the Civil Partnership (Registration Abroad and Certificates) Order 20054(registration at British consular premises abroad) if Northern Ireland was the relevant part (as defined by article 4(5) of the Order) of the United Kingdom, or

(c) a civil partnership formed by two people registering as civil partners of each other under the Civil Partnership (Armed Forces) Order 20055(registration abroad where at least one party has armed-forces connection) if Northern Ireland was the part of the United Kingdom identified under article 5 of the Order;

“convertible Northern Ireland marriage” means—

(a) a marriage solemnised in Northern Ireland,

(b) a marriage solemnised under Part 2 of the Consular Marriages and Marriages under Foreign Law (No. 2) Order 20146(solemnisation at British consular premises abroad) if Northern Ireland was the relevant part (as defined by article 3 of the Order) of the United Kingdom,

(c) a marriage solemnised under the Overseas Marriage (Armed Forces) Order 20147(solemnisation abroad where at least one party has armed-forces connection) if Northern Ireland was the relevant part (as defined by article 4 of the Order) of the United Kingdom, or

(d) a marriage otherwise formed under the law of Northern Ireland.

2 Right to convert Civil Partnership or Marriage, and effect of conversion

PART 2

Right to convert Civil Partnership or Marriage, and effect of conversion

S-3 Right to convert

Right to convert

3.—(1) The parties to a convertible Northern Ireland civil partnership may—

(a)

(a) in accordance with Part 3, or

(b)

(b) in accordance with Part 3 or 4 of the 2014 Regulations,

convert their civil partnership into a marriage.

(2) Paragraph (1) applies only where the parties to the civil partnership are of the same sex when the conversion takes place.

(3) The parties to a convertible Northern Ireland marriage may—

(a)

(a) in accordance with Part 3, or

(b)

(b) in accordance with Part 4 or 5,

convert their marriage into a civil partnership.

(4) Paragraph (3) applies only where the parties to the marriage are not of the same sex when the conversion takes place.

S-4 Effect of conversion of marriage or civil partnership

Effect of conversion of marriage or civil partnership

4.—(1) Where a convertible Northern Ireland civil partnership is converted into a marriage under Part 3 of these Regulations or under Part 3 or 4 of the 2014 Regulations—

(a)

(a) the civil partnership ends on the conversion, and

(b)

(b) the resulting marriage is to be treated as having subsisted since the date the civil partnership was formed.

(2) Where a convertible Northern Ireland marriage is converted into a civil partnership under Part 3, 4 or 5 of these Regulations—

(a)

(a) the marriage ends on the conversion, and

(b)

(b) the resulting civil partnership is to be treated as having subsisted since the date the marriage was solemnised.

(3) Paragraph (2)(b) applies even if the date is earlier than 5th December 2005 (which is the date when the Civil Partnership Act 2004 came into force for most substantive purposes).

(4) But paragraphs (1)(b) and (2)(b) are subject to any contrary provision made by these Regulations (or future applicable legislation), including contrary provision contained in amendments of existing applicable legislation.

(5) Paragraph (2)(b)—

(a)

(a) does not affect the descent of any peerage or dignity or title of honour, and

(b)

(b) does not affect the devolution of any property limited (expressly or not) by any will or other instrument to devolve (as nearly as the law permits) along with any peerage or dignity or title of honour unless an intention it should do so is expressed in the will or other instrument.

(6) In this regulation—

“applicable legislation” means—

(a) an Act of Parliament so far as it forms part of the law of Northern Ireland,

(b) Northern Ireland legislation,

(c) subordinate legislation made under an Act of Parliament, so far as the subordinate legislation forms part of the law of Northern Ireland, and

(d) subordinate legislation made under Northern Ireland legislation;

“existing applicable legislation” means applicable legislation passed or made before these Regulations are made;

“subordinate legislation” means any Order in Council, order or warrant (other than an order made or a warrant issued by a court), scheme, rule, regulation, bye-law or other instrument.

3 Civil Partnership and Marriage: Conversion from one into the other

PART 3

Civil Partnership and Marriage: Conversion from one into the other

S-5 Interpretation

Interpretation

5. In this Part—

“a conversion under this Part” means a conversion, pursuant to regulation 3(1)(a) or (3)(a), of—

(a) a civil partnership into a marriage, or

(b) a marriage into a civil partnership;

“conversion before an officiant” means a conversion under this Part which—

(a) is from a civil partnership into a marriage, and

(b) follows—

(i) the version of the two-stage procedure offered by regulation 7(6)(a) and (c)(iii),

(ii) the version of the special procedure offered by regulation 7(8)(a) and (b)(ii), or

(iii) the version of the procedure for detained persons offered by regulation 7(10)(a) and (b)(ii);

“conversion declaration” has the meaning given by regulation 10;

“hospital” means—

(a) a hospital, or institution, managed by a Health and Social Care trust or the Regional Health and Social Care Board or the Department of Health in Northern Ireland,

(b) a private hospital, or

(c) special accommodation;

“officiant” means—

(a) a person registered under Article 11 of the Marriage (Northern Ireland) Order 20038for marriages of parties who are of the same sex,

(b) a person authorised under Article 14(1)(a) of that Order (as modified by regulation 15) to officiate at one or more specified conversions under this Part, or

(c) a person authorised under Article 14(1)(b) of that Order for marriages of parties who are of the same sex;

“patient”, “private hospital” and “special accommodation” have the meaning given by Article 2(2) of the Mental Health (Northern Ireland) Order 19869;

“prison” includes a remand centre, a young offenders centre and a juvenile justice centre;

“registrar”—

(a) in relation to a conversion under this Part of a civil partnership into a marriage, means a person appointed under Article 31 of the Marriage (Northern Ireland) Order 2003 for the district in which the conversion takes place, and

(b) in relation to a conversion under this Part of a marriage into a civil partnership, means a person appointed under section 152 of the Civil Partnership Act 2004 for the district in which the conversion takes place;

“the required information and evidence”, in relation to a conversion under this Part, has the meaning given by whichever of regulations 8 and 9 is applicable;

“responsible authority”, in relation to a conversion under this Part which follows the procedure for detained persons, means—

(a) if any part of the procedure is to take place in a prison, the governor or other officer in charge of the prison,

(b) if any part of the procedure is to take place in a hospital that is neither a private hospital nor special accommodation, the trust or other authority managing the hospital,

(c) if any part of the procedure is to take place in special accommodation, the Department of Health, and

(d) if any part of the procedure is to take place in a private hospital, the person in charge of the hospital;

“standard procedure”, “two-stage procedure”, “special procedure” and “procedure for detained persons”, and “first part” and “second part” in relation to any of those procedures, have the meaning given by regulation 7.

S-6 Period of 3 years during which conversions may take place

Period of 3 years during which conversions may take place

6. A conversion under this Part is effective only if the signing of the conversion declaration as mentioned in regulation 10(6)(a) and (b), or regulation 10(7)(a) and (b), takes place before the end of the 3 years beginning with the day these Regulations come into force.

S-7 Conversion procedure

Conversion procedure

7.—(1) A conversion under this Part must follow one of the procedures described in this regulation.

(2) Each procedure has two parts.

(3) The first part is—

(a)

(a) the provision of the required information and evidence to a registrar...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT