Civil Partnership Bill [HL]

House of Commons

Session 2002 - 03
Internet Publications
Other Bills before Parliament

Civil Partnership Bill [HL]

Civil Partnership Bill [HL]
Schedule 3 — Civil partnerships of persons under 18: England and Wales
Part 2 — Obtaining consent: general
132

      (2)
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).
      (3)
The consent of the court under sub-paragraph (2) has the same effect as if it
had been given by the person who has refused his consent.
5
Declaration
5
If one of the proposed civil partners is a child and is not a surviving civil
partner, the necessary declaration under section 9 must also—
(a)
state in relation to each appropriate person—
(i)
that that person’s consent has been obtained,
10
(ii)
that the need to obtain that person’s consent has been
dispensed with under paragraph 3, or
(iii)
that the court has given consent under paragraph 3 or 4, or
(b)
state that no person exists whose consent is required to a civil
partnership between the child and another person.
15
Forbidding proposed civil partnership
6     (1)
This paragraph applies if it has been recorded in the register that a notice of
proposed civil partnership between a child and another person has been
given.
      (2)
Any person whose consent is required to a child and another person
20
registering as civil partners of each other may forbid the issue of a civil
partnership schedule by giving any registration authority written notice that
he forbids it.
      (3)
A notice under sub-paragraph (2) must specify—
(a)
the name of the person giving it,
25
(b)
his place of residence, and
(c)
the capacity, in relation to either of the proposed civil partners, in
which he forbids the issue of the civil partnership schedule.
      (4)
On receiving the notice, the registration authority must as soon as is
practicable record in the register the fact that the issue of a civil partnership
30
schedule has been forbidden.
      (5)
If the issue of a civil partnership schedule has been forbidden under this
paragraph, the notice of proposed civil partnership and all proceedings on
it are void.
      (6)
Sub-paragraphs (2) and (5) do not apply if the court has given its consent
35
under paragraph 3 or 4.
Evidence
7     (1)
This paragraph applies if, for the purpose of obtaining a civil partnership
schedule, a person declares that the consent of any person or persons whose
consent is required under section 5 has been given.
40
      (2)
The registration authority may refuse to issue the civil partnership schedule
unless satisfied by the production of written evidence that the consent of
that person or those persons has in fact been given.

Civil Partnership Bill [HL]
Schedule 3 — Civil partnerships of persons under 18: England and Wales
Part 3 — Obtaining consent: special procedure
133

Issue of civil partnership schedule
8
The duty in section 15(1) to issue a civil partnership schedule does not apply
if its issue has been forbidden under paragraph 6.
9
If a proposed civil partnership is between a child and another person, the
civil partnership schedule must contain a statement that the issue of the civil
5
partnership schedule has not been forbidden under paragraph 6.
Part 3
Obtaining consent: special procedure
Consent of appropriate person unobtainable or refused
10    (1)
Sub-paragraph (2) applies if—
10
(a)
a child and another person intend to register as civil partners of each
other under the special procedure, and
(b)
the Registrar General is satisfied that the consent of a person (“A”)
whose consent is required cannot be obtained because A is absent,
inaccessible, or under a disability.
15
      (2)
If this sub-paragraph applies—
(a)
the Registrar General may dispense with the need for A’s consent
(whether or not there is any other person whose consent is also
required), or
(b)
the court may, on application being made, consent to the child
20
registering as the civil partner of the person mentioned in sub-
paragraph (1)(a).
      (3)
The consent of the court under sub-paragraph (2)(b) has the same effect as if
it had been given by A.
      (4)
Sub-paragraph (5) applies if—
25
(a)
a child and another person intend to register as civil partners of each
other under the special procedure, and
(b)
any person whose consent is required refuses his consent.
      (5)
The court may, on application being made, consent to the child registering
as the civil partner of the person mentioned in sub-paragraph (4)(a).
30
      (6)
The consent of the court under sub-paragraph (5) has the same effect as if it
had been given by the person who has refused his consent.
Declaration
11
If one of the proposed civil partners is a child and is not a surviving civil
partner, the necessary declaration under section 9 must also—
35
(a)
state in relation to each appropriate person—
(i)
that that person’s consent has been obtained,
(ii)
that the need to obtain that person’s consent has been
dispensed with under paragraph 10(2), or
(iii)
that the court has given consent under paragraph 10(2) or (5),
40
or
(b)
state that no person exists whose consent is required to a civil
partnership between the child and another person.

Civil Partnership Bill [HL]
Schedule 3 — Civil partnerships of persons under 18: England and Wales
Part 4 — Provisions relating to the court
134

Forbidding proposed civil partnership
12
Paragraph 6 applies in relation to the special procedure as if—
(a)
any reference to forbidding the issue of a civil partnership schedule
were a reference to forbidding the Registrar General to give
authority for the issue of his licence, and
5
(b)
sub-paragraph (6) referred to the court giving its consent under
paragraph 10(2) or (5).
Evidence
13    (1)
This paragraph applies—
(a)
if a child and another person intend to register as civil partners of
10
each other under the special procedure, and
(b)
the consent of any person (“A”) is required to the child registering as
the civil partner of that person.
      (2)
The person giving the notice (under section 22) of proposed civil partnership
to the registration authority must produce to the authority such evidence as
15
the Registrar General may require to satisfy him that A’s consent has in fact
been given.
      (3)
The power to require evidence under sub-paragraph (2) is in addition to the
power to require evidence under section 23.
Issue of Registrar General’s licence
20
14
The duty of the Registrar General under section 26(3)(b) to give authority for
the issue of his licence does not apply if he has been forbidden to do so by
virtue of paragraph 12.
Part 4
Provisions relating to the court
25
15    (1)
For the purposes of Parts 2 and 3 of this Schedule, “the court” means—
(a)
the High Court,
(b)
the county court of the district in which any applicant or respondent
resides, or
(c)
a magistrates’ court acting in the local justice area in which any
30
applicant or respondent resides.
      (2)
Rules of court may be made for enabling applications under Part 2 or 3 of
this Schedule—
(a)
if made to the High Court, to be heard in chambers;
(b)
if made to the county court, to be heard and determined by the
35
district judge subject to appeal to the judge;
(c)
if made to a magistrates’ court, to be heard and determined
otherwise than in open court.
      (3)
Rules of court must provide that, where an application is made in
consequence of a refusal to give consent, notice of the application is to be
40
served on the person who has refused consent.

Civil Partnership Bill [HL]
Schedule 4 — Registration by former spouses one of whom has changed sex
135

Schedule 4
Section 6(3)

Registration by former spouses one of whom has changed sex
Application of Schedule
1
This Schedule applies if—
(a)
a court—
5
(i)
makes absolute a decree of nullity granted on the ground that
an interim gender recognition certificate has been issued to a
party to the marriage, or
(ii)
(in Scotland) grants a decree of divorce on that ground,

and, on doing so, issues a full gender recognition certificate (under
10
section 5(1) of the Gender Recognition Act 2004 (c. 7)) to that party,
and
(b)
the parties wish to register in England or Wales as civil partners of
each other without being delayed by the waiting period.
The relevant period
15
2
For the purposes of this Schedule the relevant period is the period—
(a)
beginning with the issue of the full gender recognition certificate,
and
(b)
ending at the end of 1 month from the day on which it is issued.
Modifications of standard procedure and procedures for house-bound and detained persons
20
3     (1)
If—
(a)
each of the parties gives a notice of proposed civil partnership during
the relevant period, and
(b)
on doing so, each makes an election under this paragraph,

Chapter 1 of Part 2 applies with the modifications given in paragraphs 4 to 6.
25
4     (1)
Omit—
(a)
section 11 (proposed civil partnership to be publicised);
(b)
section 12 (meaning of “the waiting period”);
(c)
section 13 (power to shorten the waiting period).
      (2)
In section 15 (issue of civil partnership schedule), for subsection (1)
30
substitute—
“(1)
As soon as the notices of proposed civil partnership have been given,
the registration authority in whose area it is proposed that the
registration take place must, at the request of one or both of the
proposed civil partners, issue a document to be known as a “civil
35
partnership schedule”.”
      (3)
For section 18 (period during which registration may take place)
substitute—
“17
Period during which registration may take place
(1)
The proposed civil partners may register as civil partners by signing
40
the civil partnership schedule at any time during the applicable
period.

Civil Partnership Bill [HL]
Schedule 4 — Registration by former spouses one of whom has changed sex
136

(2)
If they do not register as civil partners by signing the civil
partnership schedule before the end of the applicable period—
(a)
the notices of proposed civil partnership and the civil
partnership schedule are void, and
(b)
no civil partnership registrar may officiate at the signing of
5
the civil partnership schedule by them.
(3)
The applicable period, in relation to two people registering as civil
partners of each other, is the period of 1 month beginning with—
(a)
the day on which the notices of proposed civil partnership
are given, or
10
(b)
if the notices are not given on the same day, the earlier of
those days.”
5
In section 19 (house-bound persons), in subsection (3)—
(a)
treat the reference to the standard procedure as a reference to the
standard procedure as modified by this Schedule, and
15
(b)
omit paragraph (c) (which provides for a 3 month registration
period).
6
In section 20 (detained persons), in subsection (3)—
(a)
treat the reference to the standard procedure as a reference to the
standard procedure as modified by this Schedule, and
20
(b)
omit paragraph (c) (which provides for a 3 month registration
period).
Modified procedures for certain non-residents
7     (1)
Sub-paragraphs (5) to (8) apply where not only does this Schedule apply but
the case is also one of the following three.
25
      (2)
The first is where—
(a)
two people wish to register as civil partners of each other in England
and Wales, and
(b)
one of them (“A”) resides in Scotland and the other (“B”) resides in
England or Wales.
30
      (3)
The second is where—
(a)
two people wish to register as civil partners of each other in England
and Wales, and
(b)
one of them (“A”) resides in Northern Ireland and the other (“B”)
resides in England or Wales.
35
      (4)
The third is where—
(a)
two people wish to register as civil partners of each other in England
and Wales, and
(b)
one of them (“A”) is a member of Her Majesty’s forces who is serving
outside the United Kingdom and the other (“B”) resides in England
40
or Wales.
      (5)
A is not required to give a notice of proposed civil partnership to a
registration authority in England or Wales in order to register in England or
Wales as B’s civil partner.
      (6)
B may give a notice of proposed civil partnership and make the necessary
45
declaration without regard to the requirement that would otherwise apply
that A must reside in England or Wales.

Civil Partnership Bill [HL]
Schedule 5 — Wills, administration of estates and family provision
Part 1 — Wills
137

      (7)
If, on giving such notice, B makes an election under this paragraph, Chapter
1 of Part 2 applies with the modifications given in paragraphs 4 to 6 and the
further modifications in sub-paragraph (8).
      (8)
The further modifications are that—
(a)
the civil partnership schedule is not to be issued by a registration
5
authority unless A or B produces to that registration authority a
certificate of no impediment issued to A under the relevant
provision;
(b)
the applicable period is calculated by reference to the day on which
B’s notice is given.
10
      (9)
“The relevant provision” means—
(a)
if A resides in Scotland, section 95;
(b)
if A resides in Northern Ireland, section 146;
(c)
if A is a member of Her Majesty’s forces who is serving outside the
United Kingdom, section 231.
15
     (10)
“Her Majesty’s forces” has the same meaning as in the Army Act 1955
(3 & 4 Eliz. 2 c. 18).
Schedule 5
Section 70

Wills, administration of estates and family provision
Part 1
20
Wills
1
Amend the Wills Act 1837 (c. 26) as follows.
2
After section 18A insert—
“18B
Will to be revoked by civil partnership
(1)
Subject to subsections (2) to (6), a will is revoked by the formation of
25
a civil partnership between the testator and another person.
(2)
A disposition in a will in exercise of a power of appointment takes
effect despite the formation of a subsequent civil partnership
between the testator and another person unless the property so
appointed would in default of appointment pass to the testator’s
30
personal representatives.
(3)
If it appears from a will—
(a)
that at the time it was made the testator was expecting to
form a civil partnership with a particular person, and
(b)
that he intended that the will should not be revoked by the
35
formation of the civil partnership,

the will is not revoked by its formation.
(4)
Subsections (5) and (6) apply if it appears from a will—
(a)
that at the time it was made the testator was expecting to
form a civil partnership with a particular person, and
40

Civil Partnership Bill [HL]
Schedule 5 — Wills, administration of estates and family provision
Part 1 — Wills
138

(b)
that he intended that a disposition in the will should not be
revoked by the formation of the civil partnership.
(5)
The disposition takes effect despite the formation of the civil
partnership.
(6)
Any other disposition in the will also takes effect, unless it appears
5
from the will that the testator intended the disposition to be revoked
by the formation of the civil partnership.
18C
Effect of dissolution or annulment of civil partnership on wills
(1)
This section applies if, after a testator has made a will—
(a)
a court of civil jurisdiction in England and Wales dissolves
10
his civil partnership or makes a nullity order in respect of it,
or
(b)
his civil partnership is dissolved or annulled and the
dissolution or annulment is entitled to recognition in
England and Wales by virtue of Chapter 3 of Part 5 of the
15
Civil Partnership Act 2004.
(2)
Except in so far as a contrary intention appears by the will—
(a)
provisions of the will appointing executors or trustees or
conferring a power of appointment, if they appoint or confer
the power on the former civil partner, take effect as if the
20
former civil partner had died on the date on which the civil
partnership is dissolved or annulled, and
(b)
any property which, or an interest in which, is devised or
bequeathed to the former civil partner shall pass as if the
former civil partner had died on that date.
25
(3)
Subsection (2)(b) does not affect any right of the former civil partner
to apply for financial provision under the Inheritance (Provision for
Family and Dependants) Act 1975.”
3
The following provisions—
(a)
section 15 of the Wills Act 1837 (c. 26) (avoidance of gifts to attesting
30
witnesses and their spouses), and
(b)
section 1 of the Wills Act 1968 (c. 28) (restriction of operation of
section 15),

apply in relation to the attestation of a will by a person to whose civil partner
there is given or made any such disposition as is described in section 15 of
35
the 1837 Act as they apply in relation to a person to whose spouse there is
given or made any such disposition.
4
In section 16 of the 1837 Act, after “wife or husband” insert “or civil partner”.
5
Except where a contrary intention is shown, it is presumed that if a
testator—
40
(a)
devises or bequeaths property to his civil partner in terms which in
themselves would give an absolute interest to the civil partner, but
(b)
by the same instrument purports to give his issue an interest in the
same property,

the gift to the civil partner is absolute despite the purported gift to the issue.
45