s.17Powers of Judge regarding caveat
17
Section 17Part 5 — CAVEAT

Powers of Judge regarding caveat

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Where a caveat has been referred to a judge, the following provisions have effect —
if the judge is of the opinion that no legal ground has been disclosed in the caveat for preventing the civil partnership, the judge may order the caveat to be removed without requiring any of the parties to appear;
the judge may cause a summons to be issued to the parties to the intended civil partnership and the person by whom the caveat has been entered requiring such person to show cause why the Registrar or a Civil Registrar's certificate should not be issued;
the judge may hear and determine every such matter in a summary way and shall either confirm the caveat or order it to be removed;
if the caveat is removed, the Registrar or where applicable the Civil Registrar may issue the certificate referred to under section 9 and the civil partnership may proceed as if the caveat had not been entered, but the time that has elapsed between the entry and removal of the caveat shall not be computed in the period of three months specified in section 11;
if it appears to the judge that the caveat has been entered on insufficient grounds, the judge may order the person who entered the caveat to pay compensation and costs to the parties to the intended civil partnership;
if the caveat is confirmed, the Registrar shall forthwith inform every Civil Registrar and civil partnership officer.

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