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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.

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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.

 

 

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

115

 

(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

 

 

 
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