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 18 — Financial relief in Northern Ireland after overseas dissolution etc. of a civil partnership
Part 1 — Financial relief
297

(b)
an order that one of the civil partners shall pay to a child of the
family, or to a specified person for the benefit of a child of the family,
a specified lump sum;
(c)
an order that one of the civil partners shall transfer that civil
partner’s interest in the dwelling-house, or a specified part of that
5
interest—
(i)
to the other,
(ii)
to a child of the family, or
(iii)
to a specified person for the benefit of a child of the family;
(d)
an order that a settlement of the interest of one of the civil partners
10
in the dwelling-house, or a specified part of that interest, be made to
the satisfaction of the court for the benefit of any one or more of—
(i)
the other civil partner and the children of the family, or
(ii)
either or any of them;
(e)
an order varying for the benefit of any one or more of—
15
(i)
the civil partners and the children of the family, or
(ii)
either or any of them,

a relevant settlement so far as that settlement relates to an interest in
the dwelling-house;
(f)
an order extinguishing or reducing the interest of either of the civil
20
partners under a relevant settlement so far as that interest is an
interest in the dwelling-house;
(g)
an order for the sale of the interest of one of the civil partners in the
dwelling-house.
      (3)
Where under paragraph 9 the court makes just one order for the payment of
25
a lump sum by one of the civil partners, the amount of the lump sum must
not exceed the amount specified in sub-paragraph (5).
      (4)
Where under paragraph 9 the court makes two or more orders each of which
is an order for the payment of a lump sum by the same civil partner, the total
of the amounts of the lump sums must not exceed the amount specified in
30
sub-paragraph (5).
      (5)
That amount is—
(a)
if the interest of the paying civil partner in the dwelling-house is sold
in pursuance of an order made under sub-paragraph (2)(g), the
amount of the proceeds of sale of that interest after deducting from
35
those proceeds any costs incurred in the sale of that interest;
(b)
if that interest is not so sold, the amount which in the opinion of the
court represents the value of that interest.
      (6)
Where the interest of one of the civil partners in the dwelling-house is held
jointly or in common with any other person or persons—
40
(a)
the reference in sub-paragraph (2)(g) to the interest of one of the civil
partners shall be construed as including a reference to the interest of
that other person, or the interest of those other persons, in the
dwelling-house, and
(b)
the reference in sub-paragraph (5)(a) to the amount of the proceeds
45
of a sale ordered under sub-paragraph (2)(g) shall be construed as a
reference to that part of those proceeds which is attributable to the
interest of that civil partner in the dwelling-house.
      (7)
In sub-paragraph (2)—

Civil Partnership Bill [HL]
Schedule 18 — Financial relief in Northern Ireland after overseas dissolution etc. of a civil partnership
Part 1 — Financial relief
298

“relevant settlement” means a settlement made, during the
subsistence of the civil partnership or in anticipation of its
formation, on the civil partners, including one made by will or
codicil;
“specified” means specified in the order.
5
Consent orders under paragraph 9
12    (1)
On an application for a consent order under paragraph 9, the court may
make an order in the terms agreed on the basis only of the prescribed
information furnished with the application.
      (2)
Sub-paragraph (1) does not apply if the court has reason to think that there
10
are other circumstances into which it ought to inquire.
      (3)
Sub-paragraph (1) applies to an application for a consent order varying or
discharging an order under paragraph 9 as it applies to an application for
such an order.
      (4)
Sub-paragraph (1) applies despite paragraph 10.
15
      (5)
In this paragraph—
“consent order”, in relation to an application for an order, means an
order in the terms applied for to which the respondent agrees;
“prescribed” means prescribed by rules of court.
Orders for transfers of tenancies of dwelling-houses
20
13    (1)
This paragraph applies if—
(a)
an application is made by one of the civil partners for an order under
this paragraph, and
(b)
one of the civil partners is entitled, either in his own right or jointly
with the other civil partner, to occupy a dwelling-house in Northern
25
Ireland by virtue of a tenancy which is a tenancy mentioned in
Schedule 2 to the Family Homes and Domestic Violence (Northern
Ireland) Order 1998 (S.I. 1998/1071 (N.I. 6)).
      (2)
The court may make in relation to that dwelling-house any order which it
could make under Part 2 of that Schedule (order transferring tenancy or
30
switching statutory tenants) if it had power to make a property adjustment
order under Part 2 of Schedule 16 to this Act with respect to the civil
partnership.
      (3)
The provisions of paragraphs 9, 10 and 13(1) of Schedule 2 to the Family
Homes and Domestic Violence (Northern Ireland) Order 1998 (payments by
35
transferee, pre-transfer liabilities and right of landlord to be heard) apply in
relation to any order under this paragraph as they apply to any order under
Part 2 of that Schedule.
Application to orders under paragraphs 5 and 9 of provisions of Schedule 16
14    (1)
The following provisions of Schedule 16 apply in relation to an order made
40
under paragraph 5 or 9 of this Schedule as they apply in relation to a like
order made under that Schedule—
(a)
paragraph 3(1) to (3) and (7) (lump sums);
(b)
paragraphs 12, 13 and 14(2) to (4) (pension sharing);
(c)
paragraphs 20 and 21 (orders under Part 1 relating to pensions);
45

Civil Partnership Bill [HL]
Schedule 18 — Financial relief in Northern Ireland after overseas dissolution etc. of a civil partnership
Part 1 — Financial relief
299

(d)
paragraphs 34(1) to (4) and (6) and 36 (duration of orders);
(e)
paragraphs 37 to 39 and 42 to 47, except paragraph 37(1)(g) (variation
etc. of orders);
(f)
paragraphs 48 to 50 (arrears and repayments);
(g)
paragraphs 63 to 66 (drafting of instruments, bankruptcy, mental
5
disorder, and pension-sharing appeals).
      (2)
Sub-paragraph (1)(d) does not apply where the court has jurisdiction to
entertain an application for an order under paragraph 9 only because a
dwelling-house which was a civil partnership home of the civil partners is
situated in Northern Ireland.
10
      (3)
Paragraph 22 of Schedule 16 (change of pension arrangement under which
rights are shared) applies in relation to an order made under paragraph 9 of
this Schedule by virtue of sub-paragraph (1)(d) as it applies to an order made
under Part 1 of Schedule 16 by virtue of paragraph 20 to 21 of that Schedule.
      (4)
The Lord Chancellor may by regulations make for the purposes of this
15
Schedule provision corresponding to any provision which may be made by
him under paragraph 23(1) to (3) of Schedule 16 (supplementary provision
about orders relating to pensions under Part 1 of that Schedule).
      (5)
The power to make regulations under this paragraph is exercisable by
statutory rule for the purposes of the Statutory Rules (Northern Ireland)
20
Order 1979 (S.I. 1979/1573 (N.I. 12)).
      (6)
Regulations under this paragraph are subject to annulment in pursuance of
a resolution of either House of Parliament in the same manner as a statutory
instrument; and section 5 of the Statutory Instruments Act 1946 (c. 36)
applies accordingly.
25
Avoidance of transactions designed to defeat claims under paragraphs 5 and 9
15    (1)
Sub-paragraphs (2) and (3) apply where one of the civil partners (“A”) is
granted leave under paragraph 4 to make an application for an order under
paragraph 9.
      (2)
If the court is satisfied, on application by A, that the other civil partner (“B”)
30
is, with the intention of defeating a claim by A, about to—
(a)
make any disposition, or
(b)
transfer out of the jurisdiction, or otherwise deal with, any property,

it may make such order as it thinks fit for restraining B from doing so or
otherwise for protecting the claim.
35
      (3)
If the court is satisfied, on application by A—
(a)
that the other civil partner (“B”) has, with the intention of defeating
a claim by A, made a reviewable disposition, and
(b)
that, if the disposition were set aside—
(i)
financial relief under paragraph 5 or 9, or
40
(ii)
different financial relief under paragraph 5 or 9,

would be granted to A,

it may make an order setting aside the disposition.
      (4)
If—
(a)
an order under paragraph 5 or 9 has been made by the court at the
45
instance of one of the civil partners (“A”), and

Civil Partnership Bill [HL]
Schedule 18 — Financial relief in Northern Ireland after overseas dissolution etc. of a civil partnership
Part 1 — Financial relief
300

(b)
the court is satisfied, on application by A, that the other civil partner
(“B”) has, with the intention of defeating a claim by A, made a
reviewable disposition,

the court may make an order setting aside the disposition.
      (5)
Where the court has jurisdiction to entertain an application for an order
5
under paragraph 9 only under paragraph 7(4), it shall not make any order
under sub-paragraph (2), (3) or (4) in respect of any property other than the
dwelling-house concerned.
      (6)
Where the court makes an order under sub-paragraph (3) or (4) setting aside
a disposition, it shall give such consequential directions as it thinks fit for
10
giving effect to the order (including directions requiring the making of any
payments or the disposal of any property).
      (7)
For the purposes of sub-paragraphs (3) and (4), but subject to sub-paragraph
(8), any disposition made by B is a “reviewable disposition” (whether made
before or after the commencement of A’s application under that sub-
15
paragraph).
      (8)
A disposition made by B is not a reviewable disposition for those purposes
if made for valuable consideration (other than formation of a civil
partnership) to a person who, at the time of the disposition, acted in relation
to it in good faith and without notice of any intention on the part of B to
20
defeat A’s claim.
      (9)
A reference in this paragraph to defeating a claim by one of the civil partners
is a reference to—
(a)
preventing financial relief being granted, or reducing the amount of
financial relief which might be granted, under paragraph 5 or 9 at the
25
instance of that civil partner, or
(b)
frustrating or impeding the enforcement of any order which might
be, or has been, made under paragraph 5 or 9 at the instance of that
civil partner.
Presumptions for the purposes of paragraph 15
30
16    (1)
Sub-paragraph (3) applies where—
(a)
an application is made under paragraph 15(2) or (3) by one of the
civil partners with respect to—
(i)
a disposition which took place less than 3 years before the
date of the application, or
35
(ii)
a disposition or other dealing with property which is about to
take place, and
(b)
the court is satisfied that the disposition or other dealing would
(apart from paragraph 15 and this paragraph of this Schedule) have
the consequence of defeating a claim by the applicant.
40
      (2)
Sub-paragraph (3) also applies where—
(a)
an application is made under paragraph 15(4) by one of the civil
partners with respect to a disposition which took place less than 3
years before the date of the application, and
(b)
the court is satisfied that the disposition has had the consequence of
45
defeating a claim by the applicant.
      (3)
It shall be presumed, unless the contrary is shown, that the person who—
(a)
disposed of, or

Civil Partnership Bill [HL]
Schedule 18 — Financial relief in Northern Ireland after overseas dissolution etc. of a civil partnership
Part 2 — Steps to prevent avoidance prior to application for leave under paragraph 4
301

(b)
is about to dispose of or deal with the property,

did so, or (as the case may be) is about to do so, with the intention of
defeating the applicant’s claim.
      (4)
A reference in this paragraph to defeating a claim by one of the civil partners
has the meaning given by paragraph 15(9).
5
Part 2
Steps to prevent avoidance prior to application for leave under paragraph 4
Prevention of transactions intended to defeat prospective claims under paragraphs 5 and 9
17    (1)
If it appears to the court, on application by one of the persons (“A”) who
formed a civil partnership—
10
(a)
that the civil partnership has been dissolved or annulled, or that the
civil partners have been legally separated, by means of judicial or
other proceedings in an overseas country,
(b)
that A intends to apply for leave to make an application for an order
under paragraph 9 as soon as he or she has been habitually resident
15
in Northern Ireland for the period of one year, and
(c)
that the other civil partner (“B”) is, with the intention of defeating A’s
claim, about to—
(i)
make any disposition, or
(ii)
transfer out of the jurisdiction, or otherwise deal with, any
20
property,

the court may make such order as it thinks fit for restraining B from taking
such action as is mentioned in paragraph (c).
      (2)
Sub-paragraph (1) applies even if the date of the dissolution, annulment or
legal separation is earlier than the date on which that sub-paragraph comes
25
into force.
      (3)
Sub-paragraph (4) applies where—
(a)
an application is made under sub-paragraph (1) with respect to—
(i)
a disposition which took place less than 3 years before the
date of the application, or
30
(ii)
a disposition or other dealing with property which is about to
take place, and
(b)
the court is satisfied that the disposition or other dealing would
(apart from this paragraph of this Schedule) have the consequence of
defeating a claim by the applicant.
35
      (4)
It shall be presumed, unless the contrary is shown, that the person who—
(a)
disposed of, or
(b)
is about to dispose of or deal with the property,

did so, or (as the case may be) is about to do so, with the intention of
defeating the applicant’s claim.
40
      (5)
A reference in this paragraph to defeating a person’s claim is a reference to
preventing financial relief being granted, or reducing the amount of
financial relief which might be granted, under paragraph 5 or 9 at the
instance of that person.

Civil Partnership Bill [HL]
Schedule 19 — Housing and tenancies: Northern Ireland
302

Part 3
Supplementary
Paragraphs 15 to 17: meaning of “disposition” and saving
18    (1)
In paragraphs 15 to 17 “disposition” does not include any provision
contained in a will or codicil but, with that exception, includes any
5
conveyance, assurance or gift of property of any description, whether made
by an instrument or otherwise.
      (2)
The provisions of paragraphs 15 to 17 are without prejudice to any power of
the court to grant injunctions under section 91 of the Judicature (Northern
Ireland) Act 1978 (c. 23).
10
Interpretation of Schedule
19
In this Schedule—

“the court” means the High Court;

“dwelling-house” includes—
(a)
any building, or part of a building, which is occupied as a
15
dwelling, and
(b)
any yard, garden, garage or outhouse belonging to, and
occupied with, the dwelling-house;

“overseas country” has the meaning given by paragraph 1(3).
Schedule 19
20
Section 199

Housing and tenancies: Northern Ireland
Rent (Northern Ireland) Order 1978 (S.I. 1978/1050 (N.I. 20))
1
In Article 14 (extended discretion of court), in paragraph (2), after “spouse”
(in both places) insert “or civil partner”.
2     (1)
Amend Schedule 1 (statutory tenants by succession) as follows.
25
      (2)
In paragraph 2, after “surviving spouse” insert “, or surviving civil partner,”.
      (3)
In paragraph 7, after “surviving spouse” insert “, or surviving civil partner,”.
3
In Schedule 4 (grounds for possession), in Case 3 in Part 1 (dwelling-house
required as residence for landlord or member of his family), in paragraph
(d), for “wife or husband” substitute “spouse or civil partner”.
30
Housing (Northern Ireland) Order 1981 (S.I. 1981/156 (N.I. 3))
4     (1)
Amend Article 2A (meaning of member of a person’s family) as follows.
      (2)
In paragraph (1)(a)—
(a)
after “spouse” insert “or civil partner”, and
(b)
after “live together as husband and wife” insert “or as if they were
35
civil partners”.
      (3)
In paragraph (2)(a), after “a relationship by marriage” insert “or civil
partnership”.

Civil Partnership Bill [HL]
Schedule 19 — Housing and tenancies: Northern Ireland
303

Housing (Northern Ireland) Order 1983 (S.I. 1983/1118 (N.I. 15))
5     (1)
In Article 24 (interpretation), amend paragraph (3) (meaning of member of
another’s family) as follows.
      (2)
After “spouse” insert “, civil partner”.
      (3)
After “marriage” insert “or civil partnership”.
5
      (4)
After “live together as husband and wife” insert “or as if they were civil
partners”.
6     (1)
Amend Article 26 (succession on death of tenant) as follows.
      (2)
In paragraph (2)(a), after “spouse” insert “or civil partner”.
      (3)
In paragraph (3)(a), after “spouse” insert “or civil partner”.
10
      (4)
In paragraph (4), for “paragraph (4A)” substitute “paragraphs (4A) and
(4B)”.
      (5)
After paragraph (4A) insert—
“(4B)
A tenant to whom the tenancy was assigned in pursuance of an order
under any of the following provisions of the Civil Partnership Act
15
2004—
(a)
Part 2 of Schedule 16; or
(b)
paragraph 9(2) or (3) of Schedule 18,

is a successor only if the other civil partner was a successor.”
7
In Article 32 (assignments), in paragraph (1), after sub-paragraph (a)
20
insert—
“(aa)
the assignment is made in pursuance of an order made under
Part 2 of Schedule 16, or paragraph 9(2) or (3) of Schedule 18,
to the Civil Partnership Act 2004; or”.
8
In Article 33 (other disposals), in paragraph (2), after sub-paragraph (a)
25
insert—
“(aa)
the vesting or other disposal is in pursuance of an order made
under Part 2 of Schedule 16, or paragraph 9(2) or (3) of
Schedule 18, to the Civil Partnership Act 2004; or”.
9
In Article 94 (subletting or assignment), in paragraph (2), after “1978” insert
30
“or Part 2 of Schedule 16, or paragraph 9(2) or (3) of Schedule 18, to the Civil
Partnership Act 2004”.
10
In Schedule 3 (grounds for possession of dwelling-houses let under secure
tenancies), in Ground 2A—
(a)
for “a married couple or” substitute “a married couple, a couple who
35
are civil partners of each other”, and
(b)
after “as husband and wife” insert “or a couple living together as if
they were civil partners”.
Housing (Northern Ireland) Order 2003 (S.I. 2003/412 (N.I. 2))
11    (1)
Amend Article 3 (meaning of a person’s family) as follows.
40
      (2)
In paragraph (1)(a)—
(a)
after “spouse” insert “or civil partner”, and