|
| |
|
(b) | the validity of a dissolution or annulment of a civil partnership is |
| |
recognised by virtue of this Chapter. |
| |
(2) | The fact that the dissolution or annulment would not be recognised outside the |
| |
| |
(a) | preclude either party from forming a subsequent civil partnership or |
| 5 |
marriage in that part of the United Kingdom, or |
| |
(b) | cause the subsequent civil partnership or marriage of either party |
| |
(wherever it takes place) to be treated as invalid in that part. |
| |
| |
Miscellaneous and supplementary |
| 10 |
231 | Commanding officers’ certificates for Part 2 purposes |
| |
(1) | Her Majesty may by Order in Council make provision in relation to cases |
| |
| |
(a) | two people wish to register as civil partners of each other in England |
| |
and Wales (under Chapter 1 of Part 2), and |
| 15 |
(b) | one of them (“A”) is a member of Her Majesty’s forces serving outside |
| |
the United Kingdom and the other is resident in England and Wales, |
| |
| for the issue by A’s commanding officer to A of a certificate of no impediment. |
| |
(2) | The Order may provide for the issue of the certificate to be subject to the giving |
| |
of such notice and the making of such declarations as may be prescribed. |
| 20 |
(3) | A certificate of no impediment is a certificate that no legal impediment to the |
| |
formation of the civil partnership has been shown to the commanding officer |
| |
issuing the certificate to exist. |
| |
(4) | “Commanding officer”— |
| |
(a) | in relation to a person subject to military law, means the officer who |
| 25 |
would be that person’s commanding officer for the purposes of section |
| |
82 of the Army Act 1955 (3 & 4 Eliz. 2 c. 18) if he were charged with an |
| |
| |
(b) | in relation to a person subject to air-force law, means the officer who |
| |
would be that person’s commanding officer for the purposes of section |
| 30 |
82 of the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) if he were charged with |
| |
| |
(c) | in relation to a person subject to the Naval Discipline Act 1957 (c. 53), |
| |
means the officer in command of the ship or naval establishment to |
| |
| 35 |
232 | Certificates of no impediment to overseas relationships |
| |
(1) | Her Majesty may by Order in Council make provision for the issue of |
| |
certificates of no impediment to— |
| |
(a) | United Kingdom nationals, and |
| |
(b) | such other persons falling within subsection (2) as may be prescribed, |
| 40 |
| who wish to enter into overseas relationships in prescribed countries or |
| |
territories outside the United Kingdom with persons who are not United |
| |
Kingdom nationals and who do not fall within subsection (2). |
| |
|
| |
|
| |
|
(2) | A person falls within this subsection if under any enactment for the time being |
| |
in force in any country mentioned in Schedule 3 to the British Nationality Act |
| |
1981 (c. 61) (Commonwealth countries) that person is a citizen of that country. |
| |
(3) | A certificate of no impediment is a certificate that, after proper notices have |
| |
been given, no legal impediment to the recipient entering into the overseas |
| 5 |
relationship has been shown to the person issuing the certificate to exist. |
| |
233 | Transmission of certificates of registration of overseas relationships |
| |
(1) | Her Majesty may by Order in Council provide— |
| |
(a) | for the transmission to the Registrar General, by such persons or in such |
| |
manner as may be prescribed, of certificates of the registration of |
| 10 |
overseas relationships entered into by United Kingdom nationals in |
| |
prescribed countries or territories outside the United Kingdom, |
| |
(b) | for the issue by the Registrar General of a certified copy of such a |
| |
certificate received by him, and |
| |
(c) | for such certified copies to be received in evidence. |
| 15 |
(2) | “The Registrar General” means— |
| |
(a) | in relation to England and Wales, the Registrar General for England |
| |
| |
(b) | in relation to Scotland, the Registrar General of Births, Deaths and |
| |
Marriages for Scotland, and |
| 20 |
(c) | in relation to Northern Ireland, the Registrar General for Northern |
| |
| |
234 | Power to make provision relating to certain Commonwealth forces |
| |
(1) | This section applies if it appears to Her Majesty that any law in force in Canada, |
| |
the Commonwealth of Australia or New Zealand (or in a territory of either of |
| 25 |
the former two countries) makes, in relation to forces raised there, provision |
| |
similar to that made by section 203 (registration by armed forces personnel). |
| |
(2) | Her Majesty may by Order in Council make provision for securing that the law |
| |
in question has effect as part of the law of the United Kingdom. |
| |
| 30 |
(1) | The power to make an order under section 35(1) (fees) includes power to make |
| |
an order prescribing fees in respect of anything which, by virtue of an Order in |
| |
Council under this Part, is required to be done by registration authorities in |
| |
England and Wales or by or on behalf of the Registrar General for England and |
| |
| 35 |
(2) | Regulations made by the Registrar General of Births, Deaths and Marriages for |
| |
Scotland may prescribe fees in respect of anything which, by virtue of an Order |
| |
in Council under this Part, is required to be done by him or on his behalf. |
| |
(3) | Subsections (4) and (5) of section 123 apply to regulations made under |
| |
subsection (2) as they apply to regulations under Part 3. |
| 40 |
(4) | The power to make an order under section 153(1) includes power to make an |
| |
order prescribing fees in respect of anything which, by virtue of an Order in |
| |
Council under this Part, is required to be done by or on behalf of the Registrar |
| |
General for Northern Ireland. |
| |
|
| |
|
| |
|
236 | Orders in Council: supplementary |
| |
| |
(a) | different provision for different cases, and |
| |
(b) | such supplementary, incidental, consequential, transitional, transitory |
| |
or saving provision as appears to Her Majesty to be appropriate. |
| 5 |
(2) | The provision that may be made by virtue of subsection (1)(b) includes in |
| |
particular provision corresponding to or applying with modifications any |
| |
provision made by or under— |
| |
| |
(b) | any Act relating to marriage outside the United Kingdom. |
| 10 |
(3) | A statutory instrument containing an Order in Council under section 202, 203, |
| |
231, 232, 233 or 234 is subject to annulment in pursuance of a resolution of |
| |
either House of Parliament. |
| |
(4) | Subsection (3) applies whether or not the Order also contains other provisions |
| |
made by Order in Council under— |
| 15 |
| the Foreign Marriage Act 1892 (c. 23), |
| |
| section 3 of the Foreign Marriage Act 1947 (c. 33), or |
| |
| section 39 of the Marriage Act 1949 (c. 76). |
| |
(5) | In sections 202, 203, 231, 232 and 233 “prescribed” means prescribed by an |
| |
Order in Council under the section in question. |
| 20 |
| |
(1) | In this Part “United Kingdom national” means a person who is— |
| |
(a) | a British citizen, a British overseas territories citizen, a British Overseas |
| |
citizen or a British National (Overseas), |
| |
(b) | a British subject under the British Nationality Act 1981 (c. 61), or |
| 25 |
(c) | a British protected person, within the meaning of that Act. |
| |
(2) | In this Part “Her Majesty’s forces” has the same meaning as in the Army Act |
| |
1955 (3 & 4 Eliz. 2 c. 18). |
| |
| |
Relationships arising through civil partnership |
| 30 |
238 | Interpretation of statutory references to stepchildren etc. |
| |
(1) | In any provision to which this section applies, references to a stepchild or step- |
| |
parent of a person (here, “A”), and cognate expressions, are to be read as |
| |
| |
| A’s stepchild includes a person who is the child of A’s civil partner (but |
| 35 |
| |
| A’s step-parent includes a person who is the civil partner of A’s parent |
| |
| |
| A’s stepdaughter includes a person who is the daughter of A’s civil |
| |
partner (but is not A’s daughter); |
| 40 |
| A’s stepson includes a person who is the son of A’s civil partner (but is |
| |
| |
|
| |
|
| |
|
| A’s stepfather includes a person who is the civil partner of A’s father (but |
| |
| |
| A’s stepmother includes a person who is the civil partner of A’s mother |
| |
| |
| A’s stepbrother includes a person who is the son of the civil partner of A’s |
| 5 |
parent (but is not the son of either of A’s parents); |
| |
| A’s stepsister includes a person who is the daughter of the civil partner of |
| |
A’s parent (but is not the daughter of either of A’s parents). |
| |
(2) | For the purposes of any provision to which this section applies— |
| |
| “brother-in-law” includes civil partner’s brother, |
| 10 |
| “daughter-in-law” includes daughter’s civil partner, |
| |
| “father-in-law” includes civil partner’s father, |
| |
| “mother-in-law” includes civil partner’s mother, |
| |
| “parent-in-law” includes civil partner’s parent, |
| |
| “sister-in-law” includes civil partner’s sister, and |
| 15 |
| “son-in-law” includes son’s civil partner. |
| |
239 | Provisions to which section 238 applies: Acts of Parliament etc. |
| |
(1) | Section 238 applies to— |
| |
(a) | any provision listed in Schedule 22 (references to stepchildren, in-laws |
| |
| 20 |
(b) | except in so far as otherwise provided, any provision made by a future |
| |
| |
(c) | except in so far as otherwise provided, any provision made by future |
| |
| |
(2) | A Minister of the Crown may by order— |
| 25 |
(a) | amend Schedule 22 by adding to it any provision of an existing Act; |
| |
(b) | provide for section 238 to apply to prescribed provisions of existing |
| |
| |
(3) | The power conferred by subsection (2) is also exercisable— |
| |
(a) | by the Scottish Ministers, in relation to a relevant Scottish provision; |
| 30 |
(b) | by a Northern Ireland department, in relation to a provision which |
| |
deals with a transferred matter; |
| |
(c) | by the National Assembly for Wales, if the order is made by virtue of |
| |
subsection (2)(b) and deals with matters with respect to which |
| |
functions are exercisable by the Assembly. |
| 35 |
(4) | Subject to subsection (5), the power to make an order under subsection (2) is |
| |
exercisable by statutory instrument. |
| |
(5) | Any power of a Northern Ireland department to make an order under |
| |
subsection (2) is exercisable by statutory rule for the purposes of the Statutory |
| |
Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)). |
| 40 |
(6) | A statutory instrument containing an order under subsection (2) made by a |
| |
Minister of the Crown is subject to annulment in pursuance of a resolution of |
| |
either House of Parliament. |
| |
|
| |
|
| |
|
(7) | A statutory instrument containing an order under subsection (2) made by the |
| |
Scottish Ministers is subject to annulment in pursuance of a resolution of the |
| |
| |
(8) | A statutory rule containing an order under subsection (2) made by a Northern |
| |
Ireland department is subject to negative resolution (within the meaning of |
| 5 |
section 41(6) of the Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.))). |
| |
| |
| “Act” includes an Act of the Scottish Parliament; |
| |
| “existing Act” means an Act passed on or before the last day of the Session |
| |
in which this Act is passed; |
| 10 |
| “existing subordinate legislation” means subordinate legislation made |
| |
before the day on which this section comes into force; |
| |
| “future Act” means an Act passed after the last day of the Session in which |
| |
| |
| “future subordinate legislation” means subordinate legislation made on |
| 15 |
or after the day on which this section comes into force; |
| |
| “Minister of the Crown” has the same meaning as in the Ministers of the |
| |
| |
| “prescribed” means prescribed by the order; |
| |
| “relevant Scottish provision” means a provision that would be within the |
| 20 |
legislative competence of the Scottish Parliament if it were included in |
| |
an Act of that Parliament; |
| |
| “subordinate legislation” has the same meaning as in the Interpretation |
| |
Act 1978 (c. 30) except that it includes an instrument made under an Act |
| |
of the Scottish Parliament; |
| 25 |
| “transferred matter” has the meaning given by section 4(1) of the |
| |
Northern Ireland Act 1998 (c. 47) and “deals with” in relation to a |
| |
transferred matter is to be construed in accordance with section 98(2) |
| |
| |
240 | Provisions to which section 238 applies: Northern Ireland |
| 30 |
(1) | Section 238 applies to— |
| |
(a) | any provision listed in Schedule 23 (references to stepchildren, etc. in |
| |
Northern Ireland legislation), |
| |
(b) | except in so far as otherwise provided, any provision made by any |
| |
future Northern Ireland legislation, and |
| 35 |
(c) | except in so far as otherwise provided, any provision made by any |
| |
future subordinate legislation. |
| |
(2) | The Department of Finance and Personnel may by order— |
| |
(a) | amend Schedule 23 by adding to it any provision of existing Northern |
| |
| 40 |
(b) | provide for section 238 to apply to prescribed provisions of existing |
| |
| |
(3) | The power to make an order under subsection (2) is exercisable by statutory |
| |
rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 |
| |
(S.I. 1979/1573 (N.I. 12)). |
| 45 |
|
| |
|
| |
|
(4) | An order under subsection (2) is subject to negative resolution (within the |
| |
meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 (1954 |
| |
| |
| |
| “existing Northern Ireland legislation” means Northern Ireland |
| 5 |
legislation passed or made on or before the last day of the Session in |
| |
which this Act is passed; |
| |
| “existing subordinate legislation” means subordinate legislation made |
| |
before the day on which this section comes into force; |
| |
| “future Northern Ireland legislation” means Northern Ireland legislation |
| 10 |
passed or made after the last day of the Session in which this Act is |
| |
| |
| “future subordinate legislation” means subordinate legislation made on |
| |
or after the day on which this section comes into force; |
| |
| “prescribed” means prescribed by the order; |
| 15 |
| “subordinate legislation” means any instrument (within the meaning of |
| |
section 1(c) of the Interpretation Act (Northern Ireland) 1954). |
| |
| |
| |
241 | Discrimination against civil partners in employment field |
| 20 |
(1) | Amend the Sex Discrimination Act 1975 (c. 65) as follows. |
| |
(2) | For section 3 (discrimination against married persons in employment field) |
| |
| |
“3 | Discrimination against married persons and civil partners in |
| |
| 25 |
(1) | In any circumstances relevant for the purposes of any provision of Part |
| |
2, a person discriminates against a person (“A”) who fulfils the |
| |
condition in subsection (2) if— |
| |
(a) | on the ground of the fulfilment of the condition, he treats A less |
| |
favourably than he treats or would treat a person who does not |
| 30 |
| |
(b) | he applies to A a provision, criterion or practice which he |
| |
applies or would apply equally to a person who does not fulfil |
| |
| |
(i) | which puts or would put persons fulfilling the condition |
| 35 |
at a particular disadvantage when compared with |
| |
persons not fulfilling the condition, and |
| |
(ii) | which puts A at that disadvantage, and |
| |
(iii) | which he cannot show to be a proportionate means of |
| |
achieving a legitimate aim. |
| 40 |
(2) | The condition is that the person is— |
| |
| |
| |
(3) | For the purposes of subsection (1), a provision of Part 2 framed with |
| |
reference to discrimination against women is to be treated as applying |
| 45 |
|
| |
|
| |
|
equally to the treatment of men, and for that purpose has effect with |
| |
such modifications as are requisite.” |
| |
(3) | In section 5 (interpretation), for subsection (3) substitute— |
| |
“(3) | Each of the following comparisons, that is— |
| |
(a) | a comparison of the cases of persons of different sex under |
| 5 |
| |
(b) | a comparison of the cases of persons required for the purposes |
| |
| |
(c) | a comparison of the cases of persons who do and who do not |
| |
fulfil the condition in section 3(2), |
| 10 |
| must be such that the relevant circumstances in the one case are the |
| |
same, or not materially different, in the other.”; |
| |
| |
(4) | In section 7 (exception where sex is a genuine occupational qualification), in |
| |
subsection (2)(h) for “by a married couple” substitute “— |
| 15 |
| |
(ii) | by a couple who are civil partners of each other, or |
| |
(iii) | by a married couple or a couple who are civil partners of |
| |
| |
(5) | In section 65 (remedies on complaint under section 63), in subsection (1B) for |
| 20 |
“or marital status as the case may be” substitute “or (as the case may be) |
| |
fulfilment of the condition in section 3(2)”. |
| |
242 | Discrimination against civil partners in employment field: Northern Ireland |
| |
(1) | Amend the Sex Discrimination (Northern Ireland) Order 1976 (S.I. 1976/1042 |
| |
| 25 |
(2) | For Article 5 (discrimination against married persons in employment field) |
| |
| |
“5 | Discrimination against married persons and civil partners in |
| |
| |
(1) | In any circumstances relevant for the purposes of any provision of Part |
| 30 |
3, a person discriminates against a person (“A”) who fulfils the |
| |
condition in paragraph (2) if— |
| |
(a) | on the ground of the fulfilment of the condition, he treats A less |
| |
favourably than he treats or would treat a person who does not |
| |
| 35 |
(b) | he applies to A a provision, criterion or practice which he |
| |
applies or would apply equally to a person who does not fulfil |
| |
| |
(i) | which puts or would put persons fulfilling the condition |
| |
at a particular disadvantage when compared with |
| 40 |
persons not fulfilling the condition, and |
| |
(ii) | which puts A at that disadvantage, and |
| |
(iii) | which he cannot show to be a proportionate means of |
| |
achieving a legitimate aim. |
| |
(2) | The condition is that the person is— |
| 45 |
|
| |
|