Minutes: October 2005
Wednesday 12th October 2005
1. Present
Jean, Helen, Paul, Karen Knapton – Superintendent Registrar, Gillian - SBC, Kati – SBC, Kathleen – SBC
1. Apologies
Cllr Dart, Ken, Chris, Robin.
Helen apologised to Karen for the very low attendance. This was due to a clash with a ‘Gay Policing Event’ being held at the Gablecross Police Station this evening.
Gillian introduced Kati who is the new LGBT Link Worker.
3. Presentation from Karen Knapton, Superintendent Registrar
Karen said the last time she had spoken to the Group it had been about Commitment Ceremonies that were non-statutory. She had mentioned then that Civil Partnerships would be coming in. The Civil Partnership Act 2004 went through Parliament rapidly and comes into force on 5 December 2005.
Civil partnerships are a new legal relationship that can be registered by two people of the same sex and gives the couple legal recognition for their relationship.
Who is eligible to register a civil partnership? Two people who are:
- of the same sex
- are 18 years of age (if between 16-18 they have to provide evidence of consent same as for marriage),
- not in any existing marriage or civil partnership.
- not related within the prohibited degrees of relationship, as for marriage.
At the same time as the Act comes into force, the Immigration Rules and other provisions will be amended to introduce a new category of ‘civil partner’. Civil partners will be afforded the same provisions in the rules that currently exist for spouses of persons present in the United Kingdom here in permanent and temporary categories.
This will mean that before a person subject to immigration control will be able to give notice of a civil partnership they will need to demonstrate to the registrars that they hold either:
- Entry clearance granted to register a civil partnership; or
- Written permission of the Secretary of State; or
- Settled status in the UK;
Couples have to give notice of intent to the Superintendent Registrar or Persons Authorised within the Registration Authority to take their notice of intent. Before they can give notice they have to have lived in the district for 7 days, same as for marriage. (Although the preliminaries are the same as for marriage a civil partnership is not a marriage. Marriage in law is a man to a women.)
If they are living in different registration authorities they have to give notice of intent to both. Once notice has been given it has to be displayed. It will be the same as for marriage except addresses will not be displayed just name, sex, occupation and place where registration is to be formed. It will not be displayed on the notice board as for marriages but could be on a PC on display. As with marriages details of when the ceremony was taking place would not be given out. This information is not in the public domain.
The partnership is formed once the couple sign the Schedule in front of a Civil Partnership Registrar and two witnesses.
Karen advised that she has, if wanted, a variety of ceremonies and if couples wanted to input into them she would be quite happy. The ceremonies cannot include anything religious, the same as for marriages.
Karen mentioned two special procedures. General licence to form a Civil Partnership if one person is terminally ill. Schedule 3 for people who have transgendered. Where one person within a marriage has transgendered and they wish to stay together, on the day they get their official recognition certificate it breaks the marriage and they can get a civil partnership on the same day.
Civil partnerships will have to be dissolved in Court.
Helen thanked Karen for her presentation.
Copies of literature regarding Civil Partnerships are attached for your information.
4. Website
Helen felt the LGBT should be under the umbrella of the SBC’s website. Kathleen to email Lee and ask him to telephone Helen.
5. Dates of future meetings:
7-9pm, Wednesday 14 December: CR2, Civic Offices
2006
7-9pm, Wednesday 8 February: CR2, Civic Offices
7-9pm, Wednesday 12 April: CR1, Civic Offices
7-9pm, Wednesday 14 June: CR2, Civic Offices
7-9pm, Wednesday 9 August: CR2, Civic Offices
7-9pm, Wednesday 11 October: CR2, Civic Offices
7-9pm, Wednesday 13 December: CR2, Civic Offices
