Civil Partnership Bill [HL]

House of Commons

Session 2002 - 03
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Other Bills before Parliament

Civil Partnership Bill [HL]

Civil Partnership Bill [HL]
Schedule 14 — Civil partnerships of persons under 18: Northern Ireland
Part 1 — Appropriate persons
234

Schedule 14
Section 141(2)

Civil partnerships of persons under 18: Northern Ireland
Part 1
Appropriate persons
1
Column 2 of the table specifies the appropriate persons (or person) to give
5
consent to a young person whose circumstances fall within column 1 and
who intends to register as the civil partner of another—

Case
Appropriate persons

1
The circumstances do
Each of the following—

not fall within any of
(a)
any parent of the young

10

items 2 to 4.
person who has parental

responsibility for him, and

(b)
any guardian of the young

person.

2
A care order has effect
Each of the following—

15

with respect to the
(a)
the Health and Social Services

young person.
Board or Health and Social

Services trust designated in

the order, and

(b)
any parent or guardian

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mentioned in item 1.

3
A residence order has
Each of the persons with whom the

effect with respect to
young person lives, or is to live, as a

the young person.
result of the order.

4
The circumstances do
The persons with whom the young

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not fall within item 2 or
person lived, or was to live, as a

3, but a residence order
result of the order.

had effect with respect

to the young person

immediately before he

30

reached 16.

2
In the table the following expressions have the same meaning as in the
Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2))—

“care order”;

“Health and Social Services trust”;
35

“parental responsibility”;

“residence order”;

and in item 1 “any guardian of the young person” means any person falling
within the definition of “guardian of a child” in Article 2(2) of that Order.

Civil Partnership Bill [HL]
Schedule 14 — Civil partnerships of persons under 18: Northern Ireland
Part 3 — Recording consents and orders
235

Part 2
Dispensing with consent
Order dispensing with consent
3     (1)
This paragraph applies if—
(a)
a young person and another person intend to register as civil
5
partners of each other, and
(b)
a county court is satisfied as mentioned in sub-paragraphs (3) and
(4).
      (2)
A county court may make an order dispensing with the consent of any
person whose consent is required.
10
      (3)
The court must be satisfied that the registration of the civil partnership is in
the best interests of the young person.
      (4)
The court must be satisfied that—
(a)
it is not reasonably practicable to obtain the consent of any person
whose consent is required,
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(b)
any person whose consent is required withholds or refuses that
consent, or
(c)
there is uncertainty as to whose consent is required.
      (5)
An application for an order under this paragraph may be made—
(a)
by or on behalf of the young person, or
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(b)
by or on behalf of the other person (who may be another young
person) mentioned in sub-paragraph (1)(a),

and without the intervention of a next friend.
      (6)
The decision of the county court on any application made under this
paragraph is final and conclusive.
25
Part 3
Recording consents and orders
4
Any consent required by section 141(1) must be sent to the registrar.
5
Any order made under paragraph 3, or a certified copy of it, must be sent to
the registrar.
30
6
The registrar must keep a record of—
(a)
such particulars as may be prescribed, taken from each consent or
order received by him, and
(b)
the date on which each consent or order is received by him.
7
The record kept under paragraph 6 must be kept with the civil partnership
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notice book and section 136(5) (right of inspection) applies accordingly.

Civil Partnership Bill [HL]
Schedule 15 — Wills, administration of estates and family provision: Northern Ireland
Part 1 — Wills
236

Schedule 15
Section 189

Wills, administration of estates and family provision: Northern Ireland
Part 1
Wills
1
Amend the Wills and Administration Proceedings (Northern Ireland) Order
5
1994 (S.I. 1994/1899 (N.I. 13)) as follows.
2
In Article 4(1) (will made by person under 18 invalid unless he is or has been
married), for “married” substitute “a spouse or civil partner”.
3
In Article 8(1) and (3) (avoidance of gifts to attesting witnesses and their
spouses), after “spouse” (in each place) insert “or civil partner”.
10
4
In Article 9 (witnessing by creditor), after “spouse”, insert “or civil partner”.
5
After Article 13 insert—
“13A Effect of civil partnership
(1)
Subject to paragraphs (2) to (6), a will is revoked by the formation of
a civil partnership between the testator and another person.
15
(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
personal representatives.
20
(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
formation of the civil partnership,
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the will is not revoked by its formation.
(4)
Paragraphs (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
(b)
that he intended that a gift in the will should not be revoked
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by the formation of the civil partnership.
(5)
The gift takes effect despite the formation of the civil partnership.
(6)
Any other gift in the will also takes effect, unless it appears from the
will that the testator intended the gift to be revoked by the formation
of the civil partnership.
35
13B Effect of dissolution or annulment of civil partnership
(1)
This Article applies if, after a testator has made a will—
(a)
a court of civil jurisdiction in Northern Ireland dissolves his
civil partnership or makes a nullity order in respect of it, or
(b)
his civil partnership is dissolved or annulled and the
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dissolution or annulment is entitled to recognition in

Civil Partnership Bill [HL]
Schedule 15 — Wills, administration of estates and family provision: Northern Ireland
Part 2 — Administration of estates and family provision
237

Northern Ireland under Chapter 3 of Part 5 of the Civil
Partnership Act 2004.
(2)
Subject to any contrary intention appearing from the will—
(a)
provisions of the will appointing executors or trustees or
conferring a power of appointment, if they appoint or confer
5
the power on the former civil partner, take effect as if the
former civil partner had died on the date on which the civil
partnership is dissolved or annulled, and
(b)
except as provided in paragraph (3), any property
comprising or included in a gift to the former civil partner
10
passes as if the former civil partner had died on that date.
(3)
Where property comprising or included in a gift to the former civil
partner is a share of residue, the will takes effect as if the gift of the
residue were to the other person or persons entitled to it (and, if more
than one, in such shares as to preserve the ratio of their former
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shares), to the exclusion of the former civil partner.
(4)
Paragraph (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 (Northern Ireland) Order 1979 (S.I. 1979/
924 (N.I. 8)).”
20
6
In Article 14 (revocation), in paragraph (1)(a), after “Article 12 (marriage)”
insert “or Article 13A (civil partnership)”.
7     (1)
Amend Article 23 (presumption as to effect of gift to spouses) as follows.
      (2)
After “spouse” (in each place) insert “or civil partner”.
      (3)
In the heading to Article 23, after “spouses” insert “or civil partners”.
25
8
In Article 27(3) (construction and effect of references to failure of issue), after
“married” insert “or formed a civil partnership”.
Part 2
Administration of estates and family provision
Administration of Estates Act (Northern Ireland) 1955 (c. 24 (N.I.))
30
9     (1)
Amend section 6A (spouse dying within 28 days of intestate) as follows.
      (2)
After “spouse” (in each place) insert “or civil partner”.
      (3)
In the sidenote to section 6A, after “Spouse” insert “or civil partner”.
10    (1)
Amend section 7 (rights of surviving spouse) as follows.
      (2)
After “spouse” (in each place) insert “or civil partner”.
35
      (3)
In subsection (7), after “husband” insert “, or of section 175 of the Civil
Partnership Act 2004”.
      (4)
In the sidenote to section 7, after “spouse” insert “or civil partner”.
11
In section 8 (rights of issue), after “spouse” insert “or civil partner”.
12
In section 9 (rights of parents), after “spouse” insert “or civil partner”.
40
13
In section 10 (rights of brothers and sisters and their issue), after “spouse” (in
both places) insert “or civil partner”.

Civil Partnership Bill [HL]
Schedule 15 — Wills, administration of estates and family provision: Northern Ireland
Part 2 — Administration of estates and family provision
238

14
In section 11 (rights of next-of-kin), in subsection (1) after “neither spouse”
insert “nor civil partner”.
15
In section 38 (power to appoint trustees of infant’s property), in subsection
(5) after “marries” insert “, or forms a civil partnership,”.
Inheritance (Provision for Family and Dependants) (Northern Ireland) Order 1979 (S.I. 1979/
5
924 (N.I. 8))
16    (1)
Amend Article 2 (interpretation) as follows.
      (2)
In paragraph (2), after the definition of “child” insert—
““civil partnership proceedings county court” has the same meaning
as in the Civil Partnership Act 2004;”.
10
      (3)
In that paragraph, in the definition of “former wife” and “former husband”,
for ““former wife” or “former husband”” substitute ““former spouse””.
      (4)
In that paragraph, before that definition insert—
““former civil partner” means a person whose civil partnership with
the deceased was during the lifetime of the deceased either—
15
(a)
dissolved or annulled by an order made under the law of
any part of the United Kingdom or the Channel Islands or
the Isle of Man, or
(b)
dissolved or annulled in any country or territory outside the
United Kingdom, the Channel Islands and the Isle of Man
20
by a dissolution or annulment which is entitled to be
recognised as valid by the law of Northern Ireland;”.
      (5)
In that paragraph, in the definition of “reasonable financial provision”, after
paragraph (a) insert—
“(aa)
in the case of an application made by virtue of Article
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3(1)(a) by the civil partner of the deceased (except
where, at the date of death, a separation order under
Chapter 2 of Part 4 of the Civil Partnership Act 2004
was in force in relation to the civil partnership and the
separation was continuing), means such financial
30
provision as it would be reasonable in all the
circumstances of the case for a civil partner to receive,
whether or not that provision is required for his or her
maintenance;”.
      (6)
In paragraph (5)—
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(a)
before “wife” insert “spouse,”, and
(b)
in sub-paragraph (b), for “entered into a later marriage” substitute
“formed a subsequent marriage or civil partnership”.
      (7)
For paragraph (6) substitute—
“(5A)
For the purposes of this Order any reference to a civil partner shall
40
be treated as including a reference to a person who in good faith
formed a void civil partnership with the deceased unless either—
(a)
the civil partnership between the deceased and that person
was dissolved or annulled during the lifetime of the
deceased and the dissolution or annulment is recognised
45
by the law of Northern Ireland, or
(b)
that person has during the lifetime of the deceased formed
a subsequent civil partnership or marriage.

Civil Partnership Bill [HL]
Schedule 15 — Wills, administration of estates and family provision: Northern Ireland
Part 2 — Administration of estates and family provision
239

(6)
Any reference in this Order to the formation of, or to a person who
has formed, a subsequent marriage or civil partnership includes
(as the case may be) a reference to the formation of, or to a person
who has formed, a marriage or civil partnership which is by law
void or voidable.
5
(6A)
The formation of a marriage or civil partnership shall be treated
for the purposes of this Order as the formation of a subsequent
marriage or civil partnership, in relation to either of the spouses or
civil partners, notwithstanding that the previous marriage or civil
partnership of that spouse or civil partner was void or voidable.”
10
17    (1)
Amend Article 3 (application for financial provision from deceased person’s
estate) as follows.
      (2)
For paragraph (1)(a) and (b) (application may be made by spouse or by
former spouse who has not remarried) substitute—
“(a)
the spouse or civil partner of the deceased;
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(b)
a former spouse or former civil partner of the deceased, but
not one who has formed a subsequent marriage or civil
partnership;”.
      (3)
In paragraph (1)(d) (application may be made by child of the family), after
“marriage” (in each place) insert “or civil partnership”.
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18
In Article 4(1) (orders which may be made on an application), after sub-
paragraph (f) insert—
“(g)
an order varying any settlement made—
(i)
during the subsistence of a civil partnership formed
by the deceased, or
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(ii)
in anticipation of the formation of a civil partnership
by the deceased,

on the civil partners (including such a settlement made by
will), the variation being for the benefit of the surviving civil
partner, or any child of both the civil partners, or any person
30
who was treated by the deceased as a child of the family in
relation to that civil partnership.”
19    (1)
Amend Article 5(2) (application by spouse or former spouse: matters to
which court is to have regard) as follows.
      (2)
For the words from the beginning to “or (b)” substitute—
35

“This paragraph applies, without prejudice to the generality of sub-
paragraph (g) of paragraph (1), where an application for an order
under Article 4 is made by virtue of Article 3(1)(a) or (b).”
      (3)
The words from “the court shall, in addition” to the end of sub-paragraph (b)
shall become a second sentence of the paragraph and, in sub-paragraph (a)
40
of the sentence so formed, after “duration of the marriage” insert “or civil
partnership”.
      (4)
The words from “in the case of an application by the wife or husband” to the
end shall become a third sentence of the paragraph, omitting the
immediately preceding “and”.
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      (5)
At the end insert the following sentence—

“In the case of an application by the civil partner of the deceased, the
court shall also, unless at the date of the death a separation order
under Chapter 2 of Part 4 of the Civil Partnership Act 2004 was in

Civil Partnership Bill [HL]
Schedule 15 — Wills, administration of estates and family provision: Northern Ireland
Part 2 — Administration of estates and family provision
240

force and the separation was continuing, have regard to the
provision which the applicant might reasonably have expected to
receive if on the day on which the deceased died the civil
partnership, instead of being terminated by death, had been
terminated by a dissolution order.”
5
20    (1)
In Article 8(3) and (10) (variation etc. of orders which cease on occurrence of
specified event other than remarriage of former spouse), for “(other than the
remarriage of a former wife or former husband)” substitute “(other than the
formation of a subsequent marriage or civil partnership by a former spouse
or former civil partner)”.
10
      (2)
In Article 8(9), for “or (f)” substitute “(f) or (g)”.
21
After Article 16 insert—
“16A
Provision as to cases where no financial relief was granted in
proceedings for the dissolution etc. of a civil partnership
(1)
Paragraph (2) applies where—
15
(a)
a dissolution order, nullity order, separation order or
presumption of death order has been made under Chapter 2
of Part 4 of the Civil Partnership Act 2004 in relation to a civil
partnership,
(b)
one of the civil partners dies within twelve months from the
20
date on which the order is made, and
(c)
either—
(i)
an application for a financial provision order under
Part 1 of Schedule 16 to that Act or a property
adjustment order under Part 2 of that Schedule has
25
not been made by the other civil partner, or
(ii)
such an application has been made but the
proceedings on the application have not been
determined at the time of the death of the deceased.
(2)
If an application for an order under Article 4 is made by the
30
surviving civil partner, the court shall, notwithstanding anything in
Article 3 or 5, have power, if it thinks it just to do so, to treat the
surviving civil partner as if the order mentioned in paragraph (1)(a)
had not been made.
(3)
This Article shall not apply in relation to a separation order unless at
35
the date of the death of the deceased the separation order was in
force and the separation was continuing.”
22
After Article 17 insert—
“17ZA
Restriction imposed in proceedings for the dissolution etc. of a civil
partnership on application under this Order
40
(1)
On making a dissolution order, nullity order, separation order or
presumption of death order under Chapter 2 of Part 4 of the Civil
Partnership Act 2004, or at any time after making such an order, the
High Court or a civil partnership proceedings county court, if it
considers it just to do so, may, on the application of either of the civil
45
partners, order that the other civil partner shall not on the death of
the applicant be entitled to apply for an order under Article 4.