Civil Partnership Bill [HL]

House of Commons

Session 2002 - 03
Internet Publications
Other Bills before Parliament

Civil Partnership Bill [HL]

Civil Partnership Bill [HL]
Part 5 — Civil partnership formed or dissolved abroad etc.
Chapter 4 — Miscellaneous and supplementary
111

(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
United Kingdom does not—
(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.
Chapter 4
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
where—
(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
offence;
(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
an offence;
(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
which he belongs.
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).

Civil Partnership Bill [HL]
Part 5 — Civil partnership formed or dissolved abroad etc.
Chapter 4 — Miscellaneous and supplementary
112

(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
and Wales,
(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
Ireland.
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.
235
Fees
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
Wales.
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.

Civil Partnership Bill [HL]
Part 6 — Relationships arising through civil partnership
113

236
Orders in Council: supplementary
(1)
An Order in Council under section 202, 203, 231, 232, 233 or 234 may make—
(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—
(a)
this Act, or
(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
237
Interpretation
(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).
Part 6
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
follows—

A’s stepchild includes a person who is the child of A’s civil partner (but
35
is not A’s child);

A’s step-parent includes a person who is the civil partner of A’s parent
(but is not 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
not A’s son);

Civil Partnership Bill [HL]
Part 6 — Relationships arising through civil partnership
114


A’s stepfather includes a person who is the civil partner of A’s father (but
is not A’s parent);

A’s stepmother includes a person who is the civil partner of A’s mother
(but is not A’s parent);

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
etc. in existing Acts),
20
(b)
except in so far as otherwise provided, any provision made by a future
Act, and
(c)
except in so far as otherwise provided, any provision made by future
subordinate legislation.
(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
subordinate legislation.
(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.

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Part 6 — Relationships arising through civil partnership
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(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
Scottish Parliament.
(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.))).
(9)
In this section—

“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
this Act is passed;

“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
Crown Act 1975 (c. 26);

“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)
and (3) of the 1998 Act.
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
Ireland legislation;
40
(b)
provide for section 238 to apply to prescribed provisions of existing
subordinate legislation.
(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

Civil Partnership Bill [HL]
Part 7 — Miscellaneous
116

(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
c. 33 (N.I.))).
(5)
In this section—

“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
passed;

“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).
Part 7
Miscellaneous
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)
substitute—
“3
Discrimination against married persons and civil partners in
employment field
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
fulfil the condition, or
(b)
he applies to A a provision, criterion or practice which he
applies or would apply equally to a person who does not fulfil
the condition, but—
(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—
(a)
married, or
(b)
a civil partner.
(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

Civil Partnership Bill [HL]
Part 7 — Miscellaneous
117

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
section 1(1) or (2),
(b)
a comparison of the cases of persons required for the purposes
of section 2A, and
(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.”;

and omit section 1(4).
(4)
In section 7 (exception where sex is a genuine occupational qualification), in
subsection (2)(h) for “by a married couple” substitute “—
15
(i)
by a married couple,
(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
each other”.
(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
(N.I. 15)) as follows.
25
(2)
For Article 5 (discrimination against married persons in employment field)
substitute—
“5
Discrimination against married persons and civil partners in
employment field
(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
fulfil the condition, or
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
the condition, but—
(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