Introduction

The vast majority of civil partnerships encountered by practitioners to whom this work is chiefly addressed will be those formed or created by registration in England and Wales. However, the Act also permits couples not living in the UK to form a civil partnership outside the UK. Formation of a civil partnership outside the UK is either by registration of the civil partnership under an Order in Council or where the couple register an ‘overseas relationship’, which is treated as a civil partnership under Chapter 2 of Part 5 of the Act. We deal with registration of an overseas relationship in chapter 6.

Subordinate legislation is made by a person or body other than the Sovereign in Parliament by virtue of powers conferred either by statute or by legislation which is itself made under statutory powers. When made by virtue of powers conferred by statute it is frequently referred to as delegated legislation. The great majority of powers conferred on the Crown are required to be made by Orders in Council which are orders expressed to be made by and with the advice of the Privy Council.

Registration at British consulates etc.

Section 210 of the Act confers power to make subordinate legislation by Order in Council to enable two people to register as civil partners of each other in prescribed countries or territories outside the United Kingdom in the presence of a prescribed officer of Her Majesty's Diplomatic Service.