Amendments proposed to the Gender Recognition Bill [Lords] - continued House of Commons

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Mr Hugh Bayley
Mr Frank Field

NS2

To move the following Schedule:—

'Retained benefits following issue of interim gender recognition certificate:
not living together as partners

     A person—

      (a) who is married to a person who—

      (i) is a member of a private pension scheme, and

      (ii) has been issued with an interim gender recognition certificate, and

      (b) who intends not to live together as a partner with that person, may apply to the court to make an order.

     An order under paragraph 1 above may direct the administrators of the pension scheme that—

      (a) the applicant for the order shall retain no less than 50 per cent. of the combined pension entitlement payable to the couple under the pension scheme following the annulment or dissolution of marriage, or

      (b) that the level of pension entitlement payable to the applicant for the order shall be no less than 50 per cent. of the entitlement that the couple would have received under the pension scheme had they remained married, or

      (c) the total value of the pension entitlement payable to both parties following the annulment or dissolution of marriage shall be no less than that entitlement that the couple would have received under the pension scheme had they remained married.

     In this Schedule—

       "private pension scheme" has the same meaning as in section [Retained pension rights](2);

       "court" means the court hearing the petition for divorce.

     In this Act—

       "not to live together as partners" means—

      (a) any of the provisions of sections 1, 11 or 12(a) to 12(f) of the Matrimonial Causes Act 1973 apply;

      (b) the couple do not intend to live together;

      (c) the couple do not intend to retain their responsibilities in relation to any existing dependants.

     Any award made under paragraph 2 of this schedule shall be void if the circumstances set out in paragraph 4 do not, or cease to apply.

     An appeal against any award made under paragraph 2 of this schedule shall be heard by the court.

     An appeal under paragraph 6 must show that the circumstances set out in paragraph 4 do not, or cease to apply.

     Any person may show cause why an award under this schedule should not be made by reason of material facts not having been brought before the court; and in such a case the court may—

      (a) notwithstanding anything in paragraphs 5 or 6 above, make the award;

      (b) rescind the award;

      (c) require further inquiry; or

      (d) otherwise deal with the case as it thinks fit.

     An application for an award under this schedule may only be made—

      (a) after the issue of an interim gender recognition certificate; and

      (b) before the issue of a gender recognition certificate.'.


ORDER OF THE HOUSE [23rd FEBRUARY 2004]

That the following provisions shall apply to the Gender Recognition Bill [Lords]:

Committal

    1.   The Bill shall be committed to a Standing Committee.

Proceedings in Standing Committee

    2.   Proceedings in the Standing Committee shall (so far as not previously concluded) be brought to a conclusion on 16th March 2004.

    3.   The Standing Committee shall have leave to sit twice on the first day on which it meets.

Consideration and Third Reading

    4.   Proceedings on consideration shall (so far as not previously concluded) be brought to a conclusion one hour before the moment of interruption on the day on which those proceedings are commenced.

    5.   Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion at the moment of interruption on the day on which proceedings on consideration are commenced.

    6.   Sessional Order B (programming committees) made on 28th June 2001 shall not apply to proceedings on consideration and Third Reading.

Other proceedings

    7.   Any other proceedings on the Bill (including any proceedings on consideration of Lords Amendments or on any further message from the Lords) may be programmed.


ORDER OF THE COMMITTEE [9th MARCH 2004]

That—

    (1)   during proceedings on the Gender Recognition Bill [Lords] the Standing Committee (in addition to its first meeting on Tuesday 9th March at 9.30 a.m.) shall meet on—

      (a) Tuesday 9th March at 2.30 p.m.,

      (b) Thursday 11th March at 9.30 a.m. and 2.30 p.m, and

      (c) Tuesday 16th March at 9.30 a.m. and 2.30 p.m.;

    (2)   the proceedings shall be taken in the following order—

       Clause 1, Schedule 1, Clauses 2 to 4, Schedule 2, Clauses 5 to 10, Schedule 3, Clause 11, Schedule 4, Clauses 12 to 13, Schedule 5, Clause 14, Schedule 6, Clauses 15 to 29, new Clauses, new Schedules, and any remaining proceedings on the Bill;

    (3)   the proceedings on the Bill shall (so far as not previously concluded) be brought to a conclusion at 5.00 p.m. on Tuesday 16th March.


 
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Prepared 11 Mar 2004