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 8 — Supplementary
125

(a)
sections 238 and 239(1) and Schedule 22 come into force in accordance
with provision made by order by the Secretary of State, after consulting
the Scottish Ministers and the Department of Finance and Personnel,
(b)
section 240(1) and Schedule 23 come into force in accordance with
provision made by order by the Department of Finance and Personnel,
5
after consulting the Secretary of State, and
(c)
sections 239(2) to (7) and 240(2) to (5) come into force on the day on
which this Act is passed.
(7)
In Part 7—
(a)
sections 241, 243, 246 and 247 and Schedules 25 and 26 come into force
10
in accordance with provision made by order by the Secretary of State,
(b)
section 244(1) and Schedule 24 come into force in accordance with
provision made by order by the Secretary of State, after consulting the
Department of Finance and Personnel, and
(c)
sections 244(2) to (4) and 245 come into force on the day on which this
15
Act is passed.
(8)
In this Part—
(a)
sections 248, 249, 250 and 252, this section and section 254 come into
force on the day on which this Act is passed,
(b)
section 251(1) and Schedule 27 and, except so far as relating to any Acts
20
of the Scottish Parliament, section 251(3) and Schedule 29 come into
force in accordance with provision made by order by the Secretary of
State, and
(c)
section 251(2) and Schedule 28 and, so far as relating to any Acts of the
Scottish Parliament, section 251(3) and Schedule 29 come into force in
25
accordance with provision made by order by the Scottish Ministers,
after consulting the Secretary of State.
(9)
The power to make an order under this section is exercisable by statutory
instrument.
254
Short title
30
(1)
This Act may be cited as the Civil Partnership Act 2004.
(2)
Nothing in this Act shall impose any charge on the people or on public
funds, or vary the amount or incidence of or otherwise alter any such charge
in any manner, or affect the assessment, levying, administration or
application of any money raised by any such charge.
35

126
Civil Partnership Bill [HL]
Schedule 2 — Prohibited degrees of relationship: England and Wales
Part 1 — The prohibitions

Schedules
Schedule 1
Section 2

Specified degrees of family relationship
1
Two people are within the specified degrees of family relationship if one
falls within the list below in relation to the other.
5

Adoptive child

Adoptive parent

Child

Former adoptive child

Former adoptive parent

10

Grandparent

Grandchild

Parent

Parent’s sibling

Sibling

15

Sibling’s child

2
In the list “sibling” means a brother, sister, half-brother or half-sister.
Schedule 2
Sections 4(3) and 6(4)

Prohibited degrees of relationship: England and Wales
Part 1
20
The prohibitions
Absolute prohibitions
1     (1)
Two people are within prohibited degrees of relationship if one falls within
the list below in relation to the other.

Civil Partnership Bill [HL]
Schedule 2 — Prohibited degrees of relationship: England and Wales
Part 1 — The prohibitions
127

Adoptive child

Adoptive parent

Child

Former adoptive child

Former adoptive parent

5

Grandparent

Grandchild

Parent

Parent’s sibling

Sibling

10

Sibling’s child

      (2)
In the list “sibling” means a brother, sister, half-brother or half-sister.
Qualified prohibitions
2     (1)
Two people are within prohibited degrees of relationship if one of them falls
within the list below in relation to the other, unless—
15
(a)
both of them have reached 21 at the time when they register as civil
partners of each other, and
(b)
the younger has not at any time before reaching 18 been a child of the
family in relation to the other.

Child of former civil partner

20

Child of former spouse

Former civil partner of grandparent

Former civil partner of parent

Former spouse of grandparent

Former spouse of parent

25

Grandchild of former civil partner

Grandchild of former spouse

      (2)
“Child of the family”, in relation to another person, means a person who—
(a)
has lived in the same household as that other person, and
(b)
has been treated by that other person as a child of his family.
30
3
Two people are within prohibited degrees of relationship if one falls within
column 1 of the table below in relation to the other, unless—

Civil Partnership Bill [HL]
Schedule 2 — Prohibited degrees of relationship: England and Wales
Part 2 — Special provisions relating to qualified prohibitions
128

(a)
both of them have reached 21 at the time when they register as civil
partners of each other, and
(b)
the persons who fall within column 2 are dead.

Relationship
Relevant deaths

Former civil partner of child
The child

5

The child’s other parent

Former spouse of child
The child

The child’s other parent

Parent of former civil partner
The former civil partner

The former civil partner’s other

10

parent

Parent of former spouse
The former spouse

The former spouse’s other

parent

Part 2
15
Special provisions relating to qualified prohibitions
Provisions relating to civil partnerships mentioned in paragraph 2
4
Paragraphs 5 to 7 apply where two people are subject to paragraph 2 but
intend to register as civil partners of each other by signing a civil partnership
schedule.
20
5     (1)
The fact that a notice of proposed civil partnership has been given must not
be recorded in the register unless the registration authority—
(a)
is satisfied by the production of evidence that both the proposed civil
partners have reached 21, and
(b)
has received a declaration made by each of the proposed civil
25
partners—
(i)
specifying their affinal relationship, and
(ii)
declaring that the younger of them has not at any time before
reaching 18 been a child of the family in relation to the other.
      (2)
Sub-paragraph (1) does not apply if a declaration is obtained under
30
paragraph 7.
      (3)
A declaration under sub-paragraph (1)(b) must contain such information
and must be signed and attested in such manner as may be prescribed by
regulations.
      (4)
The fact that a registration authority has received a declaration under sub-
35
paragraph (1)(b) must be recorded in the register.
      (5)
A declaration under sub-paragraph (1)(b) must be filed and kept by the
registration authority.
6     (1)
Sub-paragraph (2) applies if—
(a)
a registration authority receives from a person who is not one of the
40
proposed civil partners a written statement signed by that person

Civil Partnership Bill [HL]
Schedule 3 — Civil partnerships of persons under 18: England and Wales
Part 1 — Appropriate persons
129

which alleges that a declaration made under paragraph 5 is false in a
material particular, and
(b)
the register shows that such a statement has been received.
      (2)
The registration authority in whose area it is proposed that the registration
take place must not issue a civil partnership schedule unless a High Court
5
declaration is obtained under paragraph 7.
7     (1)
Either of the proposed civil partners may apply to the High Court for a
declaration that, given that—
(a)
both of them have reached 21, and
(b)
the younger of those persons has not at any time before reaching 18
10
been a child of the family in relation to the other,

there is no impediment of affinity to the formation of the civil partnership.
      (2)
Such an application may be made whether or not any statement has been
received by the registration authority under paragraph 6.
8
Section 14 (objection to proposed civil partnership) does not apply in
15
relation to a civil partnership to which paragraphs 5 to 7 apply, except so far
as an objection to the issue of a civil partnership schedule is made under that
section on a ground other than the affinity between the proposed civil
partners.
Provisions relating to civil partnerships mentioned in paragraph 3
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9     (1)
This paragraph applies where two people are subject to paragraph 3 but
intend to register as civil partners of each other by signing a civil partnership
schedule.
      (2)
The fact that a notice of proposed civil partnership has been given must not
be recorded in the register unless the registration authority is satisfied by the
25
production of evidence—
(a)
that both the proposed civil partners have reached 21, and
(b)
that the persons referred to in paragraph 3(b) are dead.
Schedule 3
Section 5(2) and 6(4)

Civil partnerships of persons under 18: England and Wales
30
Part 1
Appropriate persons
1
Column 2 of the table specifies the appropriate persons (or person) to give
consent to a child whose circumstances fall within column 1 and who
intends to register as the civil partner of another—
35

Civil Partnership Bill [HL]
Schedule 3 — Civil partnerships of persons under 18: England and Wales
Part 1 — Appropriate persons
130

Case
Appropriate persons

1
The circumstances do
Each of the following—

not fall within any of
(a)
any parent of the child who

items 2 to 8.
has parental responsibility for

him, and

5

(b)
any guardian of the child.

2
A special guardianship
Each of the child’s special guardians.

order is in force with

respect to the child and

the circumstances do

10

not fall within any of

items 3 to 7.

3
A care order has effect
Each of the following—

with respect to the child
(a)
the local authority designated

and the circumstances
in the order, and

15

do not fall within item
(b)
each parent, guardian or

5.
special guardian (in so far as

their parental responsibility

has not been restricted under

section 33(3) of the 1989 Act).

20

4
A residence order has
Each of the persons with whom the

effect with respect to
child lives, or is to live, as a result of

the child and the
the order.

circumstances do not

fall within item 5.

25

5
An adoption agency is
Either—

authorised to place the
(a)
the adoption agency, or

child for adoption
(b)
if a care order has effect with

under section 19 of the
respect to the child, the local

2002 Act.
authority designated in the

30

order.

6
A placement order is in
The local authority authorised by the

force with respect to the
placement order to place the child for

child.
adoption.

7
The child has been
The prospective adopters (in so far as

35

placed for adoption
their parental responsibility has not

with prospective
been restricted under section 25(4) of

adopters.
the 2002 Act), in addition to any

person specified in relation to item 5

or 6.

40

Civil Partnership Bill [HL]
Schedule 3 — Civil partnerships of persons under 18: England and Wales
Part 2 — Obtaining consent: general
131

Case
Appropriate persons

8
The circumstances do
The persons with whom the child

not fall within any of
lived, or was to live, as a result of the

items 2 to 7, but a
order.

residence order was in

5

force with respect to the

child immediately

before he reached 16.

2
In the table—

“the 1989 Act” means the Children Act 1989 (c. 41) and “guardian of a
10
child”, “parental responsibility”, “residence order”, “special
guardian”, “special guardianship order” and “care order” have the
same meaning as in that Act;

“the 2002 Act” means the Adoption and Children Act 2002 (c. 38) and
“adoption agency”, “placed for adoption”, “placement order” and
15
“local authority” have the same meaning as in that Act;

“appropriate local authority” means the local authority authorised by
the placement order to place the child for adoption.
Part 2
Obtaining consent: general
20
Consent of appropriate person unobtainable
3     (1)
This paragraph applies if—
(a)
a child and another person intend to register as civil partners of each
other under any procedure other than the special procedure, and
(b)
the registration authority to whom the child gives a notice of
25
proposed civil partnership is satisfied that the consent of a person
whose consent is required (“A”) cannot be obtained because A is
absent, inaccessible or under a disability.
      (2)
If there is any other person whose consent is also required, the registration
authority must dispense with the need for A’s consent.
30
      (3)
If no other person’s consent is required—
(a)
the Registrar General may dispense with the need for any consent, or
(b)
the court may, on an application being made to it, consent to the
child registering as the civil partner of the person mentioned in sub-
paragraph (1)(a).
35
      (4)
The consent of the court under sub-paragraph (3)(b) has the same effect as if
it had been given by A.
Consent of appropriate person refused
4     (1)
This paragraph applies if—
(a)
a child and another person intend to register as civil partners of each
40
other under any procedure other than the special procedure, and
(b)
any person whose consent is required refuses his consent.