Civil Partnership Law, 2020 (Law 35 of 2020)

CAYMAN ISLANDS Civil Partnership Law, 2020 (Law 35 of 2020) CIVIL PARTNERSHIP REGULATIONS, 2020 (SL 124 of 2020) Supplement No. 1 published with Legislation Gazette No. 71 dated 25th September, 2020. PUBLISHING DETAILS Page 2 SL 124 of 2020 c Civil Partnership Regulations, 2020 Arrangement of Regulations CAYMAN ISLANDS Civil Partnership Law, 2020 CIVIL PARTNERSHIP REGULATIONS, 2020 (SL 124 of 2020) Arrangement of Regulations Regulation Page 1. Citation and commencement .....................................................................................................5 2. Forms ........................................................................................................................................5 3. Fees ..........................................................................................................................................5 4. Appointment of Civil Registrars, Deputies to Civil Registrars and civil partnership officers - criteria for appointment ............................................................................................................6 SCHEDULE 1 7 SCHEDULE 2 34 c SL 124 of 2020 Page 3 Civil Partnership Regulations, 2020 Regulation 1 CAYMAN ISLANDS Civil Partnership Law, 2020 (Law 35 of 2020) CIVIL PARTNERSHIP REGULATIONS, 2020 (SL 124 of 2020) In exercise of the powers conferred by section 50 of the Civil Partnership Law, 2020 the Governor, after consultation with the Premier, makes the following Regulations — 1. Citation and commencement 1. (1) These Regulations may be cited as the Civil Partnership Regulations, 2020. (2) These Regulations come into force on 28th September, 2020. 2. Forms 2. The forms in Schedule 1 are prescribed for the purposes of the Law. 3. Fees 3. (1) The fees in Schedule 2 are prescribed for the purposes of the Law, and are due and payable before the performance of the duty or the carrying out of the act to which they relate. (2) Fees received by or on behalf of the Registrar under the Law shall be accounted for and paid into the general revenue of the Islands. c SL 124 of 2020 Page 5 Regulation 4 Civil Partnership Regulations, 2020 4. Appointment of Civil Registrars, Deputies to Civil Registrars and civil partnership officers - criteria for appointment 4. (1) The Governor, in determining whether to appoint a person as a Civil Registrar or to approve the appointment of a person as a deputy Civil Registrar, shall be satisfied that — (a) the person is of good character; (b) the person is able to, and will, conscientiously perform the duties of a Civil Registrar under the Law; and (c) the appointment is in the public interest, and for the purposes of making the determination, shall require such documentation as the Governor considers necessary to confirm that the person satisfies the criteria set out in paragraph (1)(a), (b) or (c), including character references. (2) The Deputy Governor shall, for the purposes of making an appointment of a person as a civil partnership officer under section 26(2) of the Law, require such documentation as the Deputy Governor considers necessary to confirm that the person satisfies the criteria set out in section 26(2) of the Law, including character references. Page 6 SL 124 of 2020 c Civil Partnership Regulations, 2020 SCHEDULE 1 SCHEDULE 1 (regulation 2) FORMS FORM A (section 8(1)) NOTICE OF INTENDED CIVIL PARTNERSHIP To_________________________________________________ (the Registrar)/(a Civil Registrar) I / WE give you notice that a civil partnership is intended to be had between us, the parties named herein below and described, that is to say: First Name: ______________________ Middle Name:________________________ Surname: _______________________________________________________________ Residential address:_______________________________________________________ ________________________________________________________________________ Status: _________________________________________________________________ (Single/ Divorced/ Former Civil Partner/ Widow/Widower) Note 1* Occupation: _____________________________________________________________ and First Name: _______________________ Middle Name: ______________________ Surname: _______________________________________________________________ Residential address:_______________________________________________________ ________________________________________________________________________ c SL 124 of 2020 Page 7 SCHEDULE 1 Civil Partnership Regulations, 2020 Status: _________________________________________________________________ (Single/ Divorced/ Former Civil Partner/ Widow/Widower) Note 1* Occupation: _____________________________________________________________ ___________________________________________Note 2* Signature of first-named or second-named person ____________________________ ________________________________ Note 3* Signature of first-named person Signature of second-named person ___________________________________________ Date * Note 1: Please provide proof of your status, where applicant is divorced, has had a civil partnership dissolved, or is a widow or widower. * Note 2: Please sign here where Notice is being given by one party. * Note 3: Please sign here where Notice is being given by both parties. Page 8 SL 124 of 2020 c Civil Partnership Regulations, 2020 SCHEDULE 1 FORM B (section 8(2)) STATUTORY DECLARATION IN RESPECT OF INTENDED CIVIL PARTNERSHIP To_________________________________________________ (the Registrar)/(a Civil Registrar) With respect to the intended civil partnership between: ____________________________________________________________________ and (full name of first-named person in the Notice of Intended Civil Partnership) ______________________________________________________________________, (full name of second-named person in the Notice of Intended Civil Partnership) I/WE solemnly declare as follows — (a) □ we are both at least sixteen years of age but are under eighteen years of age and have received consent to enter into a civil partnership in accordance with the Civil Partnership Law, 2020 Notes 1 and 2* OR □ we are both eighteen years of age or older Note 1*; (b) neither of us is currently married, in a civil partnership or overseas relationship; (c) □ we are not within the prohibited degrees of civil partnership Note 1* OR □ we are within the prohibited degrees of civil partnership but a court order has been made under paragraph 4 of Schedule 1 dispensing with the prohibition Notes 1 and 3*; (d) there is no other lawful impediment to the intended civil partnership; and (e) the particulars in the notice are true. ___________________________________________Note 4* Signature of first-named or second-named person c SL 124 of 2020 Page 9 SCHEDULE 1 Civil Partnership Regulations, 2020 ____________________________ ________________________________ Note 5* Signature of first-named person Signature of second-named person ___________________________________________ Date In witness whereof we have hereunto set and subscribed our hands this day of , 20 . Declared by the above-named in the presence of: _________________________________ (the Registrar)/(a Civil Registrar) * Note 1: Tick the box with the applicable option. * Note 2: Where an applicant is at least sixteen years of age but under the age of eighteen years, and is not a widow or widower, Form N – Consent to Civil Partnership or a copy of the sealed certificate of the court under section 4(4) of the Civil Partnership Law, 2020 must be provided. * Note 3: Where the court has dispensed with the prohibition against civil partnership between persons who are within the prohibited degrees of civil partnership, a copy of the sealed court order must be provided. * Note 4: Where the Notice of Intended Partnership was given by one party, please sign here. * Note 5: Where the Notice of Intended Partnership was given by both parties, both parties please sign here. Page 10 SL 124 of 2020 c Civil Partnership Regulations, 2020 SCHEDULE 1 FORM C (section 10(2)) APPLICATION FOR SPECIAL LICENCE To: The Governor I/ WE hereby apply for the grant of a special licence with regard to a civil partnership which is intended to be had between us, the parties named herein below and described, that is to say: First Name: ___________________________ Middle Name:___________________ Surname: _______________________________________________________________ Place of residence:________________________________________________________ Status: _________________________________________________________________ (Single/ Divorced/ Former Civil Partner/ Widow/Widower) Note 1* Occupation: _____________________________________________________________ and First Name: _________________________ Middle Name: ____________________ Surname: _______________________________________________________________ Place of residence:________________________________________________________ Status: _________________________________________________________________ (Single/ Divorced/ Former Civil Partner/ Widow/Widower) Note 1* Occupation: _____________________________________________________________ c SL 124 of 2020 Page 11 SCHEDULE 1 Civil Partnership Regulations, 2020 *Optional - Please provide any further details which you believe may assist with your application: ___________________________________________Note 2* Signature of first-named or second-named person ____________________________ ________________________________ Note 3* Signature of first-named person Signature of second-named person ___________________________________________ Date Page 12 SL 124 of 2020 c Civil Partnership Regulations, 2020 SCHEDULE 1 * Note 1: Please provide proof of your status, where applicant is divorced, has had a civil partnership dissolved, or is a widow or widower. * Note 2: Please sign here where the application for a special licence is being made by one party. * Note 3: Please sign here where the application for a special licence is being made by both parties. c SL 124 of 2020 Page 13 SCHEDULE 1 Civil Partnership Regulations, 2020 FORM D (section 10(1)(b)) SPECIAL LICENCE To the Registrar, Civil Registrar or a civil partnership officer To: ____________________________________________________________________ (full name) This special licence permits you to formalise a civil partnership between A.B. (here give name, surname, status, occupation and place of residence of A.B.) and C.D. (here give name, surname, status, occupation and place of residence of C.D.) according to the provisions of the Civil Partnership Law, 2020, you knowing no lawful cause or impediment to the contrary. Given under my hand at , this day of , 20 . (Signed) This special licence will be void if the civil partnership is not formalised within three months from the date hereof. Page 14 SL 124 of 2020 c Civil Partnership Regulations, 2020 SCHEDULE 1 FORM E (section 10(6)) DECLARATION WHERE PROOF REQUIRED TO BE MADE TO THE GOVERNOR’S SATISFACTION OF THE MATTERS IN AN AFFIDAVIT UNDER SECTION 10(5) To: The Governor With respect to the application for a special licence for the intended civil partnership between: ____________________________________________________________________ and (full name of first-named person in the application for a special licence) ______________________________________________________________________, (full name of second-named person in the application for a special licence) I/WE solemnly declare as follows — (a) that neither of us are resident in the Islands; (b) □ we are both at least sixteen years of age but are under eighteen years of age and have received consent to enter into a civil partnership in accordance with the Civil Partnership Law, 2020 Notes 1 and 2* OR □ we are both eighteen years of age or older Note 1*; (c) neither of us is currently married, in a civil partnership or overseas relationship; (d) □ we are not within the prohibited degrees of civil partnership Note 1* OR □ we are within the prohibited degrees of civil partnership but a court order has been made under paragraph 4 of Schedule 1 dispensing with the prohibition Notes 1 and 3*; and (e) there is no other lawful impediment to the intended civil partnership. c SL 124 of 2020 Page 15 SCHEDULE 1 Civil Partnership Regulations, 2020 ___________________________________________Note 4* Signature of first-named or second-named person ____________________________ ________________________________ Note 5* Signature of first-named person Signature of second-named person In witness whereof we have hereunto set and subscribed our hands this day of , 20 . Declared by the above-named in the presence of: _________________________________________________ (Person appointed by the Governor) Documents to be attached (where required by the Governor) (tick the applicable box(es) depending on the documentation being provided): □ Proof of residence outside the Islands (for example, utility bills showing name and address). □ Proof of age (birth certificate, Government issued identification). * Note 1: Tick the box with the applicable option. * Note 2: Where an applicant is at least sixteen years of age but under the age of eighteen years, and is not a widow or widower, Form N – Consent to Civil Partnership or a copy of the sealed certificate of the court under section 4(4) of the Civil Partnership Law, 2020 must be provided. * Note 3: Where the court has dispensed with the prohibition against civil partnership between persons who are within the prohibited degrees of civil partnership, a copy of the sealed court order must be provided. * Note 4: Where the application for a special licence was made by one party, please sign here. * Note 5: Where the application for a special licence was made by both parties, both parties please sign here. Page 16 SL 124 of 2020 c Civil Partnership Regulations, 2020 SCHEDULE 1 FORM F (sections 21(1), (2), (5) and (6)) FORM OF THE CIVIL PARTNERSHIPS REGISTER AND THE CIVIL PARTNERSHIPS REGISTER BOOK AND THE PARTICULARS OF CIVIL PARTNERSHIP TO BE ENTERED THEREIN No. Date on Full name Status prior to Occupation Age Place of Where Where which civil (including formalisation of residence consent applicable, partnership middle civil partnership at the time necessary, date on was name) (Single/ of the civil by whom which civil formalised Divorced/ Former partnership given partnership Civil Partner/ recognised Widow/Widower) [*Note 1 Entered into a civil partnership at ______________________________________ by (or before) me ________________________________________________________, [the Registrar] / [a Civil Registrar] / [a civil partnership officer]. This civil partnership ----------------------- in the ------------------------------------------- was entered into presence between us ------------------------------------ of us* ----------------------------------------] * Note 1: Only to be completed in the case of a civil partnership formalised in the Islands. * Note 2: In the case of a civil partnership in extremis — o one of the witnesses to the civil partnership must be the medical doctor who gave his or her opinion that at least one of the parties to the intended civil partnership is in a dying state but is able to understand the effect of entering into the civil partnership; and c SL 124 of 2020 Page 17 SCHEDULE 1 Civil Partnership Regulations, 2020 o the Registrar and the Civil Registrar shall insert the words “in extremis” in the entry to be made in the Civil Partnerships Register and the Civil Partnerships Register Book, respectively. Page 18 SL 124 of 2020 c Civil Partnership Regulations, 2020 SCHEDULE 1 FORM G (section 26(1)) APPLICATION TO BE APPOINTED A CIVIL PARTNERSHIP OFFICER To: The Deputy Governor I, (First Name)_____________________ (Surname)___________________________ of (Full Residential Address)_________________________________________________ ______________________________________________________________________, hereby apply to be appointed as a civil partnership officer in and for the Cayman Islands: 1) Full name of applicant:______________________________________________ 2) Date of birth:______________________________________________________ 3) Normal place of business/work:_______________________________________ 4) Occupation:_______________________________________________________ 5) Telephone contact(s):_______________________________________________ 6) Email address:____________________________________________________ I hereby certify that, to the best of my knowledge, the above information is true. Dated this _________ day of ___________________________ 20_____ Signed_____________________________________________________ (Applicant) c SL 124 of 2020 Page 19 SCHEDULE 1 Civil Partnership Regulations, 2020 Document to be attached: □ Job letter / Proof of employment (where employed) Page 20 SL 124 of 2020 c Civil Partnership Regulations, 2020 SCHEDULE 1 FORM H (section 29) APPLICATION TO BE APPOINTED A CIVIL REGISTRAR OF CIVIL PARTNERSHIPS To: The Governor I, (First Name)_____________________ (Surname)___________________________ of (Full Residential Address)_________________________________________________ ______________________________________________________________________, hereby apply to be appointed as a Civil Registrar of civil partnerships in and for the Cayman Islands: 1) Full name of applicant:______________________________________________ 2) Date of birth:______________________________________________________ 3) Normal place of business/work:_______________________________________ 4) Occupation: _____________________________________________________ 5) Telephone contact(s):_______________________________________________ 6) Email address:____________________________________________________ I hereby certify that, to the best of my knowledge, the above information is true. Dated this _________ day of ___________________________ 20_____ Signed_____________________________________________________ (Applicant) c SL 124 of 2020 Page 21 SCHEDULE 1 Civil Partnership Regulations, 2020 Document to be attached: □ Job letter / Proof of employment (where employed) Page 22 SL 124 of 2020 c Civil Partnership Regulations, 2020 SCHEDULE 1 FORM I (section 30) APPLICATION TO BE APPOINTED A DEPUTY OF A CIVIL REGISTRAR OF CIVIL PARTNERSHIPS To: The Governor I, (First Name)_____________________ (Surname)___________________________ of (Full Residential Address)_________________________________________________ ______________________________________________________________________, am a Civil Registrar of civil partnerships in and for the Cayman Islands and hereby seek the Governor’s approval for ________________________________________________________________________ (Full Name of Nominated Person) to be appointed as my deputy. 1) Full name of applicant:______________________________________________ 2) Date of birth:______________________________________________________ 3) Normal place of business/work:_______________________________________ 4) Occupation: ______________________________________________________ 5) Telephone contact(s):_______________________________________________ 6) Email address:____________________________________________________ 7) Please provide reasons for your belief that the above-named person is a fit person to act as your deputy in case of illness or absence: ________________________________________________________________ ________________________________________________________________ c SL 124 of 2020 Page 23 SCHEDULE 1 Civil Partnership Regulations, 2020 ________________________________________________________________ ________________________________________________________________ I hereby certify that, to the best of my knowledge, the above information is true. Dated this _________ day of ___________________________ 20_____ Signed_____________________________________________________ (Applicant) Document to be attached: □ Job letter / Proof of employment (where employed) Page 24 SL 124 of 2020 c Civil Partnership Regulations, 2020 SCHEDULE 1 FORM J (section 33(2)) APPLICATION BY THE MASTER OF A CAYMAN ISLANDS SHIP FOR A LICENCE TO BE A CIVIL PARTNERSHIP OFFICER To: The Deputy Governor I, (First Name)_____________________ (Surname)___________________________ of (Full Residential Address)_________________________________________________ ______________________________________________________________________, hereby apply to be granted a licence to be a civil partnership officer for the purposes of the Civil Partnership Law, 2020: 1) Full name of applicant:______________________________________________ 2) Date of birth:______________________________________________________ 3) Name of Cayman Islands Ship which the person is a master of: ________________________________________________________________ 4) Qualifications held:________________________________________________ 5) Telephone contact(s):_______________________________________________ 6) Email address:____________________________________________________ I hereby certify that, to the best of my knowledge, the above information is true. Dated this _________ day of ___________________________ 20_____ Signed_____________________________________________________ (Applicant) c SL 124 of 2020 Page 25 SCHEDULE 1 Civil Partnership Regulations, 2020 Documents to be attached: □ Certificate of the applicant’s qualifications to be a master of a Cayman Islands ship □ Letter of the applicant’s appointment to serve on board a Cayman Islands ship Page 26 SL 124 of 2020 c Civil Partnership Regulations, 2020 SCHEDULE 1 FORM K (section 33(1)) CIVIL PARTNERSHIP OFFICER LICENCE To: ____________________________________________________________________ (full name) Pursuant to section 33 of the Civil Partnership Law, 2020, I _____________________________________ Deputy Governor, do hereby grant you a licence to be a civil partnership officer for the purposes of the Civil Partnership Law, 2020. [*This licence shall have effect from the date herein below to .] [*This licence authorises you to formalise civil partnerships aboard the following Cayman Islands ship(s): ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ _______________________________________________________________________] Given under my hand the day of , 2020 _________________________________________________ (Signature of the Deputy Governor) *Note: To be included where the Deputy Governor specifies a period of duration of the licence or where the Deputy Governor limits the functions of the master so licenced to any particular Cayman Islands ship or ships. c SL 124 of 2020 Page 27 SCHEDULE 1 Civil Partnership Regulations, 2020 FORM L (section 34(2)) APPLICATION BY THE SECOND IN COMMAND TO THE MASTER OF A CAYMAN ISLANDS SHIP FOR A LICENCE TO BE A PROVISIONAL CIVIL PARTNERSHIP OFFICER To: The Deputy Governor I, (First Name)_____________________ (Surname)___________________________ of (Full Residential Address)_________________________________________________ ______________________________________________________________________, hereby apply to be granted a licence to be a provisional civil partnership officer for the purposes of the Civil Partnership Law, 2020: 1) Full name of applicant:______________________________________________ 2) Date of birth:______________________________________________________ 3) Name of Cayman Islands Ship which the person is second in command of: ________________________________________________________________ 4) Qualifications held:________________________________________________ 5) Telephone contact(s):_______________________________________________ 6) Email address:____________________________________________________ I hereby certify that, to the best of my knowledge, the above information is true. Dated this _________ day of ___________________________ 20_____ Page 28 SL 124 of 2020 c Civil Partnership Regulations, 2020 SCHEDULE 1 Signed_____________________________________________________ (Applicant) Documents to be attached: □ Certificate of the applicant’s qualifications to be second in command to a master of a Cayman Islands ship □ Letter of the applicant’s appointment to serve on board a Cayman Islands ship c SL 124 of 2020 Page 29 SCHEDULE 1 Civil Partnership Regulations, 2020 FORM M (section 34(3)) PROVISIONAL CIVIL PARTNERSHIP OFFICER LICENCE To: ____________________________________________________________________ (full name) Pursuant to section 34 of the Civil Partnership Law, 2020, I _____________________________________ Deputy Governor, do hereby grant you a licence to be a provisional civil partnership officer for the purposes of formalising a civil partnership subject to the condition that at the time scheduled for the formalisation of the civil partnership, you are the master of the Cayman Islands ship. [*This licence shall have effect from the date herein below to .] Given under my hand the day of , 2020 _________________________________________________ (Signature of the Deputy Governor) *Note: To be included where the Deputy Governor specifies a period of duration of the licence. Page 30 SL 124 of 2020 c Civil Partnership Regulations, 2020 SCHEDULE 1 FORM N (section 4) CONSENT TO CIVIL PARTNERSHIP I, (First Name)_____________________ (Surname)___________________________ of (Full Residential Address)_________________________________________________ ______________________________________________________________________, [parent] / [legal guardian] of _______________________________________________ (Name of person in respect of whom consent is being given) do hereby freely consent to [him] / [her] entering into a civil partnership with _______________________________________________________________________. (Name of other party to intended civil partnership) Signed:_________________________________________________________________ (Father/Mother/Legal Guardian) In witness whereof I have hereunto set and subscribed my hands this day of , 20 . Declared by the above-named in the presence of: _________________________________________________ (Justice of the Peace or Notary Public) c SL 124 of 2020 Page 31 SCHEDULE 1 Civil Partnership Regulations, 2020 FORM O (section 22) REQUEST FORM FOR ACCESS TO OR INFORMATION TO BE EXTRACTED FROM CIVIL PARTNERSHIPS REGISTER 1. Name of individual requesting access: ______________________________________ 2. Residential address of individual requesting access: _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ 3. Where individual is making a search on behalf of an organization, state name of organization, and nature of relationship with the organization: _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ 4. State the reason(s) for requesting access: ____________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ 5. State the nature of the relationship (if any) between yourself and the persons to whom the information relates: ________________________________________________________________________ Page 32 SL 124 of 2020 c Civil Partnership Regulations, 2020 SCHEDULE 1 ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ 6. What use is to be made of the information? __________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ Note 1: Proof of identity of an individual and where applicable, proof of individual’s relationship with an organisation required to be provided. Note 2: Where person claims to be requesting access to the Civil Partnerships Register on behalf of a third party, including an organisation, the person must provide written evidence of the third party’s permission. c SL 124 of 2020 Page 33 SCHEDULE 2 Civil Partnership Regulations, 2020 SCHEDULE 2 (regulation 3) FEES 1. Access to the Civil Partnerships Register (payable by the person $5.00 requesting access) 2. Certified copy of an entry in or information extracted from the $15.00 Civil Partnerships Register (payable by the person requiring the copy) 3. Correction of an error of fact or substance in the Civil $25.00 Partnerships Register (payable by the person requiring the correction) 4. Application for the Registrar’s or a Civil Registrar’s certificate $15.00 (non-refundable) 5. Application fee for a special licence (non-refundable) $50.00 6. Licence fee for a special licence (payable where application is $150.00 approved) 7. Application fee for appointment as a civil partnership officer $50.00 under section 26(1) of the Law (non-refundable) 8. Fee for certificate of appointment as a civil partnership officer $150.00 under section 26(1) of the Law (payable where application is approved) 9. Application fee for a licence to be a civil partnership officer $50.00 under section 33 of the Law (non-refundable) 10. Licence fee for a civil partnership officer under section 33 of the $450.00 Law (payable where application is approved) Page 34 SL 124 of 2020 c Civil Partnership Regulations, 2020 SCHEDULE 2 11. Application fee for a licence to be a provisional civil partnership $50.00 officer under section 34 of the Law (non-refundable) 12. Licence fee for a civil partnership officer under section 34 of the $450.00 Law (payable where application is approved) 13. Fee for entering a caveat against the issue of the Registrar’s or a $10.00 Civil Registrar’s certificate (payable by the person entering the caveat) 14. Fee to the Registrar, Civil Registrar or a civil partnership officer $50.00 for witnessing or formalising a civil partnership (payable by one of the parties to the civil partnership) 15. Fee to the Registrar for recording a civil partnership recognised $50.00 in the Islands (payable by one of the parties to the civil partnership) Made by the Governor the 25th day of September, 2020. Martyn Roper Governor c SL 124 of 2020 Page 35