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Other Bills before Parliament

Civil Partnership Bill [HL]


Civil Partnership Bill [HL]
Part 7 — Miscellaneous

118

 

(a)   

married, or

(b)   

a civil partner.

(3)   

For the purposes of paragraph (1), a provision of Part 3 framed with

reference to discrimination against women is to be treated as applying

equally to the treatment of men, and for that purpose has effect with

5

such modifications as are requisite.”

(3)   

For Article 7 (basis of comparison) substitute—

“7      

Basis of comparison

Each of the following comparisons, that is—

(a)   

a comparison of the cases of persons of different sex under

10

Article 3(1) or (2),

(b)   

a comparison of the cases of persons required for the purposes

of Article 4A, and

(c)   

a comparison of the cases of persons who do and who do not

fulfil the condition in Article 5(2),

15

must be such that the relevant circumstances in the one case are the

same, or not materially different, in the other.”;

   

and omit Article 3(4).

(4)   

In Article 10 (exception where sex is a genuine occupational qualification), in

paragraph (2)(h) for “by a married couple” substitute—

20

“(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 Article 65 (remedies on complaint under Article 63), in paragraph (1B) for

25

“or marital status as the case may be” substitute “or (as the case may be)

fulfilment of the condition in Article 5(2)”.

243     

Civil partners to have unlimited insurable interest in each other

(1)   

Where two people are civil partners, each of them is to be presumed for the

purposes of section 1 of the Life Assurance Act 1774 (c. 48) to have an interest

30

in the life of the other.

(2)   

For the purposes of section 3 of the 1774 Act, there is no limit on the amount of

value of the interest.

244     

Social security, child support and tax credits

(1)   

Schedule 24 contains amendments relating to social security, child support and

35

tax credits.

(2)   

Subsection (3) applies in relation to any provision of any Act, Northern Ireland

legislation or subordinate legislation which—

(a)   

relates to social security, child support or tax credits, and

(b)   

contains references (however expressed) to persons who are living or

40

have lived together as husband and wife.

(3)   

The power under section 249 to make orders amending enactments, Northern

Ireland legislation and subordinate legislation is to be treated as including

 

 

Civil Partnership Bill [HL]
Part 7 — Miscellaneous

119

 

power to amend the provision to refer to persons who are living or have lived

together as if they were civil partners.

(4)   

Subject to subsection (5), section 175(3), (5) and (6) of the Social Security

Contributions and Benefits Act 1992 (c. 4) applies to the exercise of the power

under section 249 in relation to social security, child support or tax credits as it

5

applies to any power under that Act to make an order (there being disregarded

for the purposes of this subsection the exceptions in section 175(3) and (5) of

that Act).

(5)   

Section 171(3), (5) and (6) of the Social Security Contributions and Benefits

(Northern Ireland) Act 1992 (c. 7) applies to the exercise by a Northern Ireland

10

department of the power under section 249 in relation to social security and

child support as it applies to any power under that Act to make an order (there

being disregarded for the purposes of this subsection the exceptions in section

171(3) and (5) of that Act).

(6)   

The reference in subsection (2) to an Act or Northern Ireland legislation

15

relating to social security is to be read as including a reference to—

(a)   

the Pneumoconiosis etc. (Workers’ Compensation) Act 1979 (c. 41), and

(b)   

the Pneumoconiosis, etc., (Workers’ Compensation) (Northern Ireland)

Order 1979 (S.I. 1979/925 (N.I. 9));

   

and the references in subsections (4) and (5) to social security are to be

20

construed accordingly.

245     

Power to amend enactments relating to pensions

(1)   

A Minister of the Crown may by order make such amendments, repeals or

revocations in any enactment, Northern Ireland legislation, subordinate

legislation or Church legislation relating to pensions, allowances or gratuities

25

as he considers appropriate for the purpose of, or in connection with, making

provision with respect to pensions, allowances or gratuities for the surviving

civil partners or dependants of deceased civil partners.

(2)   

The power conferred by subsection (1) is also exercisable—

(a)   

by the Scottish Ministers, if the provision making the amendment,

30

repeal or revocation is a relevant Scottish provision;

(b)   

by a Northern Ireland department, if the provision making the

amendment, repeal or revocation deals with a transferred matter.

(3)   

In the case of judicial pensions, allowances or gratuities, the power conferred

by subsection (1) is exercisable—

35

(a)   

in relation to any judicial office whose jurisdiction is exercised

exclusively in relation to Scotland, by the Secretary of State, or

(b)   

subject to paragraph (a), by the Lord Chancellor.

(4)   

The provision which may be made by virtue of subsection (1) may be the same

as, or different to, the provision made with respect to widows, widowers or the

40

dependants of persons who are not civil partners.

(5)   

The power conferred by subsection (1) is not restricted by any provision of this

Act.

(6)   

Before the appropriate person makes an order under subsection (1) he must

consult such persons as he considers appropriate.

45

(7)   

Subsection (6) does not apply—

 

 

Civil Partnership Bill [HL]
Part 7 — Miscellaneous

120

 

(a)   

to an order in the case of which the appropriate person considers that

consultation is inexpedient because of urgency, or

(b)   

to an order made before the end of the period of 6 months beginning

with the coming into force of this section.

(8)   

Subject to subsection (9), the power to make an order under subsection (1) is

5

exercisable by statutory instrument.

(9)   

Any power of a Northern Ireland department to make an order under this

section is exercisable by statutory rule for the purposes of the Statutory Rules

(Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).

(10)   

An order under subsection (1) which contains any provision (whether alone or

10

with other provisions) amending, repealing or revoking any enactment,

Northern Ireland legislation or Church legislation (other than any enactment

or Northern Ireland legislation relating to judicial pensions, allowances or

gratuities) may not be made—

(a)   

by a Minister of the Crown, unless a draft of the statutory instrument

15

containing the order has been laid before, and approved by a resolution

of, each House of Parliament;

(b)   

by the Scottish Ministers, unless a draft of the statutory instrument

containing the order has been laid before, and approved by a resolution

of, the Scottish Parliament;

20

(c)   

by a Northern Ireland department, unless a draft of the statutory rule

containing the order has been laid before, and approved by, a

resolution of the Northern Ireland Assembly.

(11)   

A statutory instrument containing an order under this section to which

subsection (10) does not apply—

25

(a)   

if made by a Minister of the Crown, is subject to annulment in

pursuance of a resolution of either House of Parliament;

(b)   

if made by the Scottish Ministers, is subject to annulment in pursuance

of a resolution of the Scottish Parliament.

(12)   

A statutory rule made by a Northern Ireland department and containing an

30

order to which subsection (10) does not apply is subject to negative resolution

(within the meaning of section 41(6) of the Interpretation Act (Northern

Ireland) 1954 (c. 33 (N.I.))).

(13)   

In this section—

   

“the appropriate person”, in relation to an order under this section, means

35

the person making the order;

   

“Church legislation” means—

(a)   

any Measure of the Church Assembly or of the General Synod

of the Church of England, or

(b)   

any order, regulation or other instrument made under or by

40

virtue of such a Measure;

   

“enactment” includes an enactment comprised in an Act of the Scottish

Parliament;

   

“Minister of the Crown” has the same meaning as in the Ministers of the

Crown Act 1975 (c. 26);

45

   

“relevant Scottish provision” means a provision that would be within the

legislative competence of the Scottish Parliament if it were included in

an Act of that Parliament;

 

 

Civil Partnership Bill [HL]
Part 8 — Supplementary

121

 

   

“subordinate legislation” has the same meaning as in the Interpretation

Act 1978 (c. 30) except that it includes any instrument made under an

Act of the Scottish Parliament and any instrument within the meaning

of section 1(c) of the Interpretation Act (Northern Ireland) 1954 (1954

c. 33 (N.I.));

5

   

“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.

246     

Amendment of certain enactments relating to pensions

10

Schedule 25 amends certain enactments relating to pensions.

247     

Amendment of certain enactments relating to the armed forces

Schedule 26 amends certain enactments relating to the armed forces.

Part 8

Supplementary

15

248     

Regulations and orders

(1)   

This section applies to any power conferred by this Act to make regulations or

an order (except a power of a court to make an order).

(2)   

The power may be exercised so as to make different provision for different

cases and different purposes.

20

(3)   

The power includes power to make any supplementary, incidental,

consequential, transitional, transitory or saving provision which the person

making the regulations or order considers expedient.

249     

Power to make further provision in connection with civil partnership

(1)   

A Minister of the Crown may by order make such further provision (including

25

supplementary, incidental, consequential, transitory, transitional or saving

provision) as he considers appropriate—

(a)   

for the general purposes, or any particular purpose, of this Act,

(b)   

in consequence of any provision made by or under this Act, or

(c)   

for giving full effect to this Act or any provision of it.

30

(2)   

The power conferred by subsection (1) is also exercisable—

(a)   

by the Scottish Ministers, in relation to a relevant Scottish provision;

(b)   

by a Northern Ireland department, in relation to a provision which

deals with a transferred matter;

(c)   

by the National Assembly for Wales, in relation to a provision which is

35

made otherwise than by virtue of subsection (3) and deals with matters

with respect to which functions are exercisable by the Assembly.

(3)   

An order under subsection (1) may—

(a)   

amend or repeal any enactment contained in an Act passed on or before

the last day of the Session in which this Act is passed, including an

40

 

 

Civil Partnership Bill [HL]
Part 8 — Supplementary

122

 

enactment conferring power to make subordinate legislation where the

power is limited by reference to persons who are or have been parties

to a marriage;

(b)   

amend, repeal or (as the case may be) revoke any provision contained

in Northern Ireland legislation passed or made on or before the last day

5

of the Session in which this Act is passed, including a provision

conferring power to make subordinate legislation where the power is

limited by reference to persons who are or have been parties to a

marriage;

(c)   

amend, repeal or (as the case may be) revoke any Church legislation.

10

(4)   

An order under subsection (1) may—

(a)   

provide for any provision of this Act which comes into force before

another such provision has come into force to have effect, until that

other provision has come into force, with such modifications as are

specified in the order;

15

(b)   

amend or revoke any subordinate legislation.

(5)   

The power to make an order under subsection (1) is not restricted by any other

provision of this Act.

(6)   

Subject to subsection (7), the power to make an order under subsection (1) is

exercisable by statutory instrument.

20

(7)   

Any power of a Northern Ireland department to make an order under this

section is exercisable by statutory rule for the purposes of the Statutory Rules

(Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).

(8)   

An order under subsection (1) which contains any provision (whether alone or

with other provisions) made by virtue of subsection (3) may not be made—

25

(a)   

by a Minister of the Crown, unless a draft of the statutory instrument

containing the order has been laid before, and approved by a resolution

of, each House of Parliament;

(b)   

by the Scottish Ministers, unless a draft of the statutory instrument

containing the order has been laid before, and approved by a resolution

30

of, the Scottish Parliament;

(c)   

by a Northern Ireland department, unless a draft of the statutory rule

containing the order has been laid before, and approved by a resolution

of, the Northern Ireland Assembly.

(9)   

A statutory instrument containing an order under subsection (1) to which

35

subsection (8) does not apply—

(a)   

if made by a Minister of the Crown, is subject to annulment in

pursuance of a resolution of either House of Parliament;

(b)   

if made by the Scottish Ministers, is subject to annulment in pursuance

of a resolution of the Scottish Parliament.

40

(10)   

A statutory rule made by a Northern Ireland department and containing an

order to which subsection (8) does not apply is subject to negative resolution

(within the meaning of section 41(6) of the Interpretation Act (Northern

Ireland) 1954 (c. 33 (N.I.))).

(11)   

In this section—

45

   

“Act” includes an Act of the Scottish Parliament;

   

“Church legislation” has the same meaning as in section 245;

 

 

Civil Partnership Bill [HL]
Part 8 — Supplementary

123

 

   

“Minister of the Crown” has the same meaning as in the Ministers of the

Crown Act 1975 (c. 26);

   

“relevant Scottish provision” means a provision that would be within the

legislative competence of the Scottish Parliament if it were included in

an Act of that Parliament;

5

   

“subordinate legislation” has the same meaning as in the Interpretation

Act 1978 (c. 30) except that it includes any instrument made under an

Act of the Scottish Parliament and any instrument (within the meaning

of section 1(c) of the Interpretation Act (Northern Ireland) 1954 (c. 33

(N.I.)));

10

   

“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.

250     

Community obligations and civil partners

15

(1)   

Subsection (2) applies where regulations under section 2(2) of the European

Communities Act 1972 (c. 68) (general implementation of Treaties) make

provision for the purpose of implementing, or for a purpose concerning, a

Community obligation of the United Kingdom which relates to persons who

are or have been parties to a marriage.

20

(2)   

A Minister of the Crown may by regulations make provision in relation to

persons who are or have been civil partners in a civil partnership that is the

same or similar to the provision made by the regulations under section 2(2) of

the 1972 Act in relation to persons who are or have been parties to a marriage.

(3)   

“Marriage” and “civil partnership” include a void marriage and a void civil

25

partnership respectively.

(4)   

The power to make regulations under subsection (2) is also exercisable by the

Scottish Ministers, in relation to a relevant Scottish provision.

(5)   

The power to make regulations under subsection (2) is exercisable by statutory

instrument.

30

(6)   

A statutory instrument containing regulations under subsection (2)—

(a)   

if made by a Minister of the Crown without a draft having been

approved by a resolution of each House of Parliament, is subject to

annulment in pursuance of a resolution of either House;

(b)   

if made by the Scottish Ministers without a draft having been approved

35

by a resolution of the Scottish Parliament, is subject to annulment in

pursuance of a resolution of the Scottish Parliament.

(7)   

In this section—

   

“Minister of the Crown” has the same meaning as in the Ministers of the

Crown Act 1975;

40

   

“relevant Scottish provision” means a provision that would be within the

legislative competence of the Scottish Parliament if it were included in

an Act of that Parliament.

251     

Minor and consequential amendments, repeals and revocations

(1)   

Schedule 27 contains minor and consequential amendments.

45

 

 

Civil Partnership Bill [HL]
Part 8 — Supplementary

124

 

(2)   

Schedule 28 contains consequential amendments of enactments relating to

Scotland.

(3)   

Schedule 29 contains repeals and revocations.

252     

Extent

(1)   

Part 2 (civil partnership: England and Wales), including Schedules 2 to 10,

5

extends to England and Wales only.

(2)   

Part 3 (civil partnership: Scotland), including Schedules 11 and 12, extends to

Scotland only.

(3)   

Part 4 (civil partnership: Northern Ireland), including Schedules 13 to 20,

extends to Northern Ireland only.

10

(4)   

In Part 5 (civil partnerships formed or dissolved abroad etc.)—

(a)   

sections 212 to 216 extend to England and Wales only;

(b)   

sections 217 to 219 extend to Scotland only;

(c)   

sections 220 to 224 extend to Northern Ireland only.

(5)   

In Part 6—

15

(a)   

any amendment made by virtue of section 239(1)(a) and Schedule 22

has the same extent as the provision subject to the amendment;

(b)   

section 240 and Schedule 23 extend to Northern Ireland only.

(6)   

Section 241 extends to England and Wales and Scotland only.

(7)   

Section 242 extends to Northern Ireland only.

20

(8)   

Schedule 28 extends to Scotland only.

(9)   

Any amendment, repeal or revocation made by Schedules 24 to 27 and 29 has

the same extent as the provision subject to the amendment, repeal or

revocation.

253     

Commencement

25

(1)   

Parts 1 and 2, including Schedules 2 to 10, come into force in accordance with

provision made by order by the Secretary of State.

(2)   

Part 3, including Schedules 11 and 12, comes into force in accordance with

provision made by order by the Scottish Ministers, after consulting the

Secretary of State.

30

(3)   

Part 4, including Schedules 13 and 14, comes into force in accordance with

provision made by order by the Department of Finance and Personnel, after

consulting the Secretary of State.

(4)   

Part 5, excluding section 205(2) to (6) but including Schedule 21, comes into

force in accordance with provision made by order by the Secretary of State,

35

after consulting the Scottish Ministers and the Department of Finance and

Personnel.

(5)   

Section 205(2) to (6) comes into force on the day on which this Act is passed.

(6)   

In Part 6 —

 

 

 
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