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 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—

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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;

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“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]
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(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 —