s.10Special licence
10
Section 10Part 3 — NOTICE AND ISSUE OF CERTIFICATE AND SPECIAL LICENCE

Special licence

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Notwithstanding anything in this Law, the Governor may, in the case of an intended civil partnership between two persons who are not resident in the Islands —
dispense with the giving of notice of civil partnership and with the issue of the Registrar's or a Civil Registrar's certificate; and
grant a special licence in the prescribed form authorising the formalising of the civil partnership before the Registrar, a Civil Registrar or a civil partnership officer.
An application for a special licence may be made by a party to the intended civil partnership to the Governor and it shall be submitted by the party to the Registrar together with the affidavit referred to in subsection (5).
The Registrar shall, if satisfied that there is sufficient information for the consideration of the Governor, forward the application under subsection (2) and all other relevant documents to the Governor together with the Registrar's recommendation in relation to the application.
The Governor shall not grant a special licence under this section unless —
it appears to the Governor that the intended civil partnership is not prohibited by this Law; and
an affidavit is produced to the Governor as mentioned in subsection (5).
One of the parties to the intended civil partnership shall make an affidavit deposing to the following matters —
that neither party is resident in the Islands;
where applicable, that either party is sixteen years of age or older but under the age of eighteen and consent has been received in accordance with this Law;
where applicable, that the parties are both eighteen years of age or older;
that neither party is currently married, in a civil partnership or overseas relationship;
that the parties are not within the prohibited degrees of civil partnership or, if they are, that a court order has been made under paragraph 4 of Schedule 1 dispensing with the prohibition;
that there is no other lawful impediment to the intended civil partnership; and
where the intended civil partnership is not to be formalised by the Registrar, the name of the relevant Civil Registrar or civil partnership officer before whom the parties to the intended civil partnership wish the civil partnership to be formalised.
The Governor may require proof being made to the Governor's satisfaction of all or any of the matters mentioned in an application under subsection (5), and for the purposes of such proof, the Governor may prescribe any form of declaration that the Governor thinks fit to be made before any person that the Governor may appoint, and declarations so prescribed shall be deemed to be declarations required by law for the purposes of a civil partnership.
Upon proof being made under subsection (6) to the Governor's satisfaction, the Governor may, if the Governor thinks fit, grant a special licence in the prescribed form.

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