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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

 

 

 
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