LORDS AMENDMENTS TO THE

Civil Partnerships, Marriages and Deaths (Registration Etc.)

BILL

[The page and line references are to HL Bill 140, the bill as first printed for the Lords]

After Clause 1

Insert the following new Clause—

“Extension of civil partnership

(1)    

The Secretary of State may, by regulations, amend the Civil Partnership Act

2004 so that two persons who are not of the same sex are eligible to form a

civil partnership in England and Wales (provided that they would be

eligible to do so apart from the question of sex).

(2)    

The Secretary of State must exercise that power so that such regulations are

in force no later than 31 December 2019.

(3)    

The Secretary of State may, by regulations, make any other provision that

appears to the Secretary of State to be appropriate in view of the extension

of eligibility to form civil partnerships in England and Wales to couples

who are not of the same sex.

(4)    

Regulations under subsection (3) may, in particular, make provision

about—

(a)    

parenthood and parental responsibility of parties to a civil

partnership;

(b)    

the application by a party to a civil partnership for a gender

recognition certificate under the Gender Recognition Act 2004, or

the issuing of such a certificate, and the consequences of that

application or issuing for the civil partnership;

(c)    

the financial consequences of civil partnership (for example, in

relation to pensions or social security);

(d)    

the treatment under the law of England and Wales as civil

partnerships of similar relationships formed outside the United

Kingdom.

Bill 353

57/1 

(5)    

The Secretary of State may, by regulations, make provision—

(a)    

for and in connection with a right to convert a marriage into a civil

partnership (including any provision equivalent or similar to that

contained in or authorised by section 9 of the Marriage (Same Sex

Couples) Act 2013);

(b)    

restricting or bringing to an end—

(i)    

the right to convert a civil partnership into a marriage

conferred by section 9(1) or (2) of the Marriage (Same Sex

Couples) Act 2013 (including as it applies or would apply by

virtue of regulations under this section);

(ii)    

any right conferred under paragraph (a).

(6)    

Before making regulations under subsection (5), the Secretary of State must

consult such persons as the Secretary of State considers appropriate.

(7)    

The Secretary of State may, by regulations, make any provision that the

Secretary of State considers appropriate in order to protect the ability to act

in accordance with religious belief in relation to civil partnership

(including the conversion of civil partnership into marriage and vice

versa).

(8)    

Regulations under subsection (3), (5) or (7) may include provision

amending, repealing or revoking primary legislation passed or made

before the end of the Session in which this Act is passed.

(9)    

In this section—

(a)    

reference to forming a civil partnership in England and Wales

includes reference to registering as civil partners outside the United

Kingdom by virtue of eligibility to do so in England and Wales (in

accordance with section 210(2)(b) or 211(2)(b) of the Civil

Partnership Act 2004);

(b)    

“primary legislation” means—

(i)    

an Act of Parliament;

(ii)    

an Act or Measure of the National Assembly for Wales;

(iii)    

a Measure of the Church Assembly or of the General Synod

of the Church of England.”

Clause 2

Leave out Clause 2

Clause 5

Page 4, line 19, at end insert—

“(1A)    

The Secretary of State may by regulations make provision in consequence

of regulations under section (Extension of civil partnership).”

Page 4, line 22, after “(1)” insert “, (1A)”

Page 4, line 32, leave out from beginning to “may” in line 33 and insert—

“(a)    

regulations under section (Extension of civil partnership), or

(b)    

regulations under any other section of this Act that amend, repeal

or revoke any provision of primary legislation,”

In the Title

Line 1, leave out “a report on civil partnerships” and insert “the extension of civil

partnerships to couples not of the same sex”