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Civil Partnerships, Marriages and Deaths (Registration Etc.) |
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[The page and line references are to HL Bill 140, the bill as first printed for the Lords] |
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1 | Insert the following new Clause— |
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| | “Extension of civil partnership |
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| (1) | The Secretary of State may, by regulations, amend the Civil Partnership Act |
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| 2004 so that two persons who are not of the same sex are eligible to form a |
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| civil partnership in England and Wales (provided that they would be |
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| eligible to do so apart from the question of sex). |
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| (2) | The Secretary of State must exercise that power so that such regulations are |
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| in force no later than 31 December 2019. |
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| (3) | The Secretary of State may, by regulations, make any other provision that |
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| appears to the Secretary of State to be appropriate in view of the extension |
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| of eligibility to form civil partnerships in England and Wales to couples |
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| who are not of the same sex. |
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| (4) | Regulations under subsection (3) may, in particular, make provision |
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| (a) | parenthood and parental responsibility of parties to a civil |
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| (b) | the application by a party to a civil partnership for a gender |
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| recognition certificate under the Gender Recognition Act 2004, or |
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| the issuing of such a certificate, and the consequences of that |
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| application or issuing for the civil partnership; |
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| (c) | the financial consequences of civil partnership (for example, in |
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| relation to pensions or social security); |
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| (d) | the treatment under the law of England and Wales as civil |
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| partnerships of similar relationships formed outside the United |
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| (5) | The Secretary of State may, by regulations, make provision— |
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| (a) | for and in connection with a right to convert a marriage into a civil |
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| partnership (including any provision equivalent or similar to that |
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| contained in or authorised by section 9 of the Marriage (Same Sex |
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| (b) | restricting or bringing to an end— |
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| (i) | the right to convert a civil partnership into a marriage |
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| conferred by section 9(1) or (2) of the Marriage (Same Sex |
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| Couples) Act 2013 (including as it applies or would apply by |
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| virtue of regulations under this section); |
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| (ii) | any right conferred under paragraph (a). |
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| (6) | Before making regulations under subsection (5), the Secretary of State must |
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| consult such persons as the Secretary of State considers appropriate. |
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| (7) | The Secretary of State may, by regulations, make any provision that the |
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| Secretary of State considers appropriate in order to protect the ability to act |
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| in accordance with religious belief in relation to civil partnership |
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| (including the conversion of civil partnership into marriage and vice |
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| (8) | Regulations under subsection (3), (5) or (7) may include provision |
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| amending, repealing or revoking primary legislation passed or made |
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| before the end of the Session in which this Act is passed. |
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| (a) | reference to forming a civil partnership in England and Wales |
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| includes reference to registering as civil partners outside the United |
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| Kingdom by virtue of eligibility to do so in England and Wales (in |
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| accordance with section 210(2)(b) or 211(2)(b) of the Civil |
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| (b) | “primary legislation” means— |
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| (i) | an Act of Parliament; |
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| (ii) | an Act or Measure of the National Assembly for Wales; |
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| (iii) | a Measure of the Church Assembly or of the General Synod |
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| of the Church of England.” |
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2 | |
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3 | Page 4, line 19, at end insert— |
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| “(1A) | The Secretary of State may by regulations make provision in consequence |
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| of regulations under section (Extension of civil partnership).” |
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4 | Page 4, line 22, after “(1)” insert “, (1A)” |
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5 | Page 4, line 32, leave out from beginning to “may” in line 33 and insert— |
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| “(a) | regulations under section (Extension of civil partnership), or |
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| (b) | regulations under any other section of this Act that amend, repeal |
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| or revoke any provision of primary legislation,” |
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6 | Line 1, leave out “a report on civil partnerships” and insert “the extension of civil |
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| partnerships to couples not of the same sex” |
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