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 20 — Family homes and domestic violence: Northern Ireland
Part 1 — Amendments of the Family Homes and Domestic Violence (Northern Ireland) Order (SI 1998/1071 (NI 6))
304

(b)
after “live together as husband and wife” insert “or as if they were
civil partners”.
      (3)
In paragraph (2)(a), after “a relationship by marriage” insert “or civil
partnership”.
12
In Article 13 (persons qualified to succeed tenant under an introductory
5
tenancy), in paragraph (a), after “spouse” insert “or civil partner”.
13
Article 14 (cases where tenant is a successor), in paragraph (2), after sub-
paragraph (c) insert—
“(d)
Part 2 of Schedule 16, or paragraph 9(2) or (3) of Schedule 18,
to the Civil Partnership Act 2004 (property adjustment orders
10
in connection with civil partnership proceedings or after
overseas dissolution of civil partnership, etc.),”.
14    (1)
Amend Article 15 (persons qualified to succeed tenant under an
introductory tenancy) as follows.
      (2)
In paragraph (2)(a), after “spouse” insert “or civil partner”.
15
      (3)
In paragraph (3)(a), after head (iv) insert—
“(v)
Part 2 of Schedule 16, or paragraph 9(2) or (3)
of Schedule 18, to the Civil Partnership Act
2004 (property adjustment orders in
connection with civil partnership proceedings
20
or after overseas dissolution of civil
partnership, etc.),”.
15
Article 16 (assignment in general prohibited), in paragraph (2)(a), after head
(iv) insert—
“(v)
Part 2 of Schedule 16, or paragraph 9(2) or (3)
25
of Schedule 18, to the Civil Partnership Act
2004 (property adjustment orders in
connection with civil partnership proceedings
or after overseas dissolution of civil
partnership, etc.),”.
30
16
In Article 28 (interpretation of Part 3), in the definition of “partner”—
(a)
after “spouse” (in both places) insert “or civil partner”, and
(b)
after “husband or wife” insert “or as if they were civil partners”.
Schedule 20
Section 200

Family homes and domestic violence: Northern Ireland
35
Part 1
Amendments of the Family Homes and Domestic Violence (Northern Ireland)
Order (SI 1998/1071 (NI 6))
1     (1)
Amend Article 2 (interpretation) as follows.
      (2)
In paragraph (2), after the definition of “health” insert—
40

““home rights” has the meaning given by Article 4;”.

Civil Partnership Bill [HL]
Schedule 20 — Family homes and domestic violence: Northern Ireland
Part 1 — Amendments of the Family Homes and Domestic Violence (Northern Ireland) Order (SI 1998/1071 (NI 6))
305

      (3)
In the definition of “matrimonial charge” in that paragraph, after
“matrimonial” insert “or civil partnership”.
      (4)
Omit the definition of “matrimonial home rights” in that paragraph.
      (5)
In the definition of “relative” in that paragraph—
(a)
in paragraphs (a) and (b) for “spouse or former spouse” substitute
5
“spouse, former spouse, civil partner or former civil partner”, and
(b)
after “were married to each other” insert “or were civil partners of
each other”.
      (6)
After paragraph (3)(g) insert—
“(h)
the Civil Partnership Act 2004.”
10
      (7)
In paragraph (7), after “matrimonial” insert “or civil partnership”.
2     (1)
Amend Article 3 (meaning of “cohabitees”, “relevant child” and “associated
persons”) as follows.
      (2)
For paragraph (1)(a) substitute—
(a)
““cohabitees” are two persons who are neither married to
15
each other nor civil partners of each other but are living
together as husband and wife or as if they were civil
partners;”.
      (3)
In paragraph (1)(b), after “have subsequently married each other” insert “or
become civil partners of each other”.
20
      (4)
After paragraph (3)(a) insert—
“(aa)
they are or have been civil partners of each other;”.
      (5)
After paragraph (3)(e) insert—
“(eza)
they have entered into a civil partnership agreement (as
defined by section 191 of the Civil Partnership Act 2004)
25
(whether or not that agreement has been terminated);”.
3     (1)
Amend Article 4 (rights concerning matrimonial home where one spouse
has no estate, etc.) as follows.
      (2)
In paragraph (1)—
(a)
in sub-paragraph (a)—
30
(i)
after “one spouse” insert “or civil partner (“A”)”, and
(ii)
for “that spouse” substitute “A”,
(b)
in sub-paragraph (b), after “other spouse” insert “or civil partner
(“B”)”.
      (3)
In paragraph (2)—
35
(a)
for “the spouse not so entitled” substitute “B”,
(b)
for “(“matrimonial home rights”)” substitute “(“home rights”)”, and
(c)
in sub-paragraph (a), for “the other spouse” substitute “A”.
      (4)
In paragraph (3)—
(a)
for “a spouse” and for “that spouse” substitute “B”, and
40
(b)
for “the other spouse” (in both places) substitute “A”.
      (5)
In paragraph (4)—
(a)
for “A spouse’s” substitute “B’s”,
(b)
in sub-paragraph (a), for “by the other spouse as the other spouse’s”
substitute “by A as A’s”, and
45
(c)
in sub-paragraph (b)—

Civil Partnership Bill [HL]
Schedule 20 — Family homes and domestic violence: Northern Ireland
Part 1 — Amendments of the Family Homes and Domestic Violence (Northern Ireland) Order (SI 1998/1071 (NI 6))
306

(i)
for “the spouse occupies the dwelling-house as that spouse’s”
substitute “B occupies the dwelling-house as B’s”, and
(ii)
for “by the other spouse as the other spouse’s” substitute “by
A as A’s”.
      (6)
In paragraph (5)—
5
(a)
for “a spouse (“the first spouse”)” substitute “B”, and
(b)
in sub-paragraph (b), for “the other spouse (“the second spouse”)”
substitute “A”,
(c)
for “the second spouse” (in both places) substitute “A”, and
(d)
for “the first spouse” substitute “B”.
10
      (7)
In paragraph (6)—
(a)
for “a spouse” substitute “B”, and
(b)
for “the other spouse” (in both places) substitute “A”.
      (8)
In paragraph (7), for the words from first “which” to the end substitute
“which—
15
(a)
in the case of spouses, has at no time been, and was at no time
intended by them to be, a matrimonial home of theirs; and
(b)
in the case of civil partners, has at no time been, and was at no time
intended by them to be, a civil partnership home of theirs.”
      (9)
In paragraph (8)—
20
(a)
for “A spouse’s matrimonial home rights” substitute “B’s home
rights”,
(b)
in sub-paragraph (a), after “marriage” insert “or civil partnership”,
and
(c)
in sub-paragraph (b), for “the other spouse” substitute “A”.
25
     (10)
In paragraph (9)—
(a)
for “a spouse” substitute “a person”,
(b)
for “matrimonial home rights” substitute “home rights”, and
(c)
after “spouses” insert “or civil partners”.
     (11)
In the heading to Article 4, for “matrimonial home where one spouse”
30
substitute “home where one spouse or civil partner” and, in the preceding
cross-heading, after “matrimonial” insert “or civil partnership”.
4     (1)
Amend Article 5 (effect of matrimonial home rights as charge on dwelling-
house) as follows.
      (2)
In paragraph (1), for “marriage, one spouse” substitute “marriage or civil
35
partnership, A”.
      (3)
In paragraph (2), for “The other spouse’s matrimonial home rights”
substitute “B’s home rights”.
      (4)
In paragraph (3)—
(a)
in sub-paragraph (a), for “the spouse so entitled” substitute “A”, and
40
(b)
in sub-paragraph (b), after “marriage” insert “or of the formation of
the civil partnership”.
      (5)
In paragraph (4)—
(a)
for “a spouse’s matrimonial home rights” substitute “B’s home
rights”,
45
(b)
for “the other spouse” substitute “A”, and
(c)
for “either of the spouses” substitute “A or B”.

Civil Partnership Bill [HL]
Schedule 20 — Family homes and domestic violence: Northern Ireland
Part 1 — Amendments of the Family Homes and Domestic Violence (Northern Ireland) Order (SI 1998/1071 (NI 6))
307

      (6)
In paragraph (5), for “the other spouse” substitute “A”.
      (7)
In paragraph (6), for “the spouses” substitute “A and B”.
      (8)
In paragraph (7)—
(a)
for “a spouse’s matrimonial home rights” substitute “B’s home
rights”,
5
(b)
in sub-paragraph (a), for “the other spouse” substitute “A”, and
(c)
in sub-paragraph (b), after “marriage” insert “or civil partnership”.
      (9)
In paragraph (8)—
(a)
in sub-paragraph (a), for “a spouse’s matrimonial home rights”
substitute “B’s home rights”, and
10
(b)
for “the other spouse” (in both places) substitute “A”.
     (10)
In the heading to Article 5, for “matrimonial home rights” substitute “home
rights”.
5     (1)
Amend Article 6 (registration, etc. of matrimonial charge) as follows.
      (2)
In paragraphs (1), (3), (4), (5) and (6), after “matrimonial” insert “or civil
15
partnership”.
      (3)
In the heading to Article 6, after “matrimonial” insert “or civil partnership”.
6     (1)
Amend Article 7 (restriction on registration where spouse entitled to more
than one matrimonial charge) as follows.
      (2)
In paragraphs (1), (2) and (3), after “spouse” (in each place) insert “or civil
20
partner”.
      (3)
In paragraphs (1), (2), (3) and (4), after “matrimonial” (in each place) insert
“or civil partnership”.
      (4)
In paragraph (3), for “matrimonial home rights” substitute “home rights”.
      (5)
In the heading to Article 7, after “matrimonial” insert “or civil partnership”.
25
7     (1)
Amend Article 8 (cancellation of registration of matrimonial charge before
completion of disposal of dwelling-house) as follows.
      (2)
In paragraphs (1) and (2), after “matrimonial” insert “or civil partnership”.
      (3)
In the heading to Article 8, after “matrimonial” insert “or civil partnership”.
8     (1)
Amend Article 9 (cancellation of registration after termination of marriage,
30
etc.) as follows.
      (2)
In paragraph (1), for “matrimonial charge” substitute “matrimonial or civil
partnership charge”.
      (3)
In paragraphs (1)(a), (2)(a) and (b) and (3), after “spouse” insert “or civil
partner”.
35
      (4)
In paragraphs (1)(b), (2)(a) and (4), after “marriage” (in each place) insert “or
civil partnership”.
      (5)
In paragraphs (1)(c), (2), (3) and (4), after “matrimonial” (in each place) insert
“or civil partnership”.
      (6)
In paragraph (1)(c), for “spouse’s matrimonial home rights” substitute
40
“spouse’s or civil partner’s home rights”.
      (7)
In the heading to Article 9, after “marriage” insert “or civil partnership”.
9     (1)
Amend Article 10 (release of matrimonial home rights and postponement of
priority of matrimonial charge) as follows.

Civil Partnership Bill [HL]
Schedule 20 — Family homes and domestic violence: Northern Ireland
Part 1 — Amendments of the Family Homes and Domestic Violence (Northern Ireland) Order (SI 1998/1071 (NI 6))
308

      (2)
In paragraph (1), for “spouse entitled to matrimonial home rights” substitute
“spouse or civil partner entitled to home rights”.
      (3)
In paragraphs (2) and (3), for “matrimonial charge” (in each place) substitute
“matrimonial or civil partnership charge”.
      (4)
In paragraph (2), for “matrimonial home rights” substitute “home rights”.
5
      (5)
In paragraph (3), after “spouse” insert “or civil partner”.
      (6)
In the heading to Article 10, after “matrimonial” (in each place) insert “or
civil partnership”.
10    (1)
Amend Article 11 (occupation orders where applicant has estate or interest
etc. or has matrimonial home rights) as follows.
10
      (2)
In paragraph (1)(a)(ii), for “matrimonial home rights” substitute “home
rights”.
      (3)
After paragraph (2) insert—
“(2A)
If a civil partnership agreement (within the meaning of the Civil
Partnership Act 2004) is terminated, no application under this Article
15
may be made by virtue of Article 3(3)(eza) by reference to that
agreement after the end of the period of three years beginning with
the day on which it is terminated.”
      (4)
In paragraph (3)(f)—
(a)
for “matrimonial home rights” substitute “home rights”, and
20
(b)
after “spouse” insert “or civil partner”.
      (5)
In paragraph (4), for “matrimonial home rights” substitute “home rights”.
      (6)
In paragraph (5)—
(a)
for “matrimonial home rights” substitute “home rights”,
(b)
after “is the other spouse” insert “or civil partner”,
25
(c)
after “during the marriage” insert “or civil partnership”,
(d)
in sub-paragraph (a), after “spouse” insert “or civil partner”, and
(e)
in sub-paragraph (b), after “marriage” insert “or civil partnership”.
      (7)
In the heading to Article 11, for “matrimonial home rights” substitute “home
rights”.
30
11
In Article 12 (effect of order under Article 11 where rights are charge on
dwelling-house), in paragraph (1)—
(a)
for “a spouse’s matrimonial home rights” substitute “B’s home
rights”, and
(b)
for “the other spouse” (in each place) substitute “A”.
35
12    (1)
Amend Article 13 (one former spouse with no existing right to occupy) as
follows.
      (2)
In paragraph (1)(a) and (b), after “former spouse” insert “or former civil
partner”.
      (3)
For paragraph (1)(c) substitute—
40
“(c)
the dwelling house—
(i)
in the case of former spouses, was at any time their
matrimonial home or was at any time intended by
them to be their matrimonial home, or

Civil Partnership Bill [HL]
Schedule 20 — Family homes and domestic violence: Northern Ireland
Part 1 — Amendments of the Family Homes and Domestic Violence (Northern Ireland) Order (SI 1998/1071 (NI 6))
309

(ii)
in the case of former civil partners, was at any time
their civil partnership home or was at any time
intended by them to be their civil partnership home.”
      (4)
In paragraph (2), after “former spouse” (in both places) insert “or former
civil partner”.
5
      (5)
In paragraph (6)(f), after “marriage” insert “or civil partnership”.
      (6)
After paragraph (6)(g)(i), insert—
“(ia)
for a property adjustment order under Part 2 of
Schedule 16 to the Civil Partnership Act 2004;”.
      (7)
In paragraph (9)(a), after “former spouses” insert “or former civil partners”.
10
      (8)
In paragraphs (11) and (12), after “former spouse” insert “or former civil
partner”.
      (9)
For paragraph (13)(a) and (b) substitute—
“(a)
as if he were B (the person entitled to occupy the dwelling-
house by virtue of that Article); and
15
(b)
as if the respondent were A (the person entitled as mentioned
in paragraph (1)(a) of that Article).”
     (10)
In the heading to Article 13, after “former spouse” insert “or former civil
partner”.
13
In Article 14 (one cohabitee or former cohabitee with no existing right to
20
occupy), for paragraph (13)(a) and (b) substitute—
“(a)
as if he were B (the person entitled to occupy the dwelling-
house by virtue of that Article); and
(b)
as if the respondent were A (the person entitled as mentioned
in paragraph (1)(a) of that Article).”
25
14    (1)
Amend Article 15 (neither spouse entitled to occupy) as follows.
      (2)
After paragraph (1) insert—
“(1A)
This Article also applies if—
(a)
one civil partner or former civil partner and the other civil
partner or former civil partner occupy a dwelling-house
30
which is or was the civil partnership home; but
(b)
neither of them is entitled to remain in occupation—
(i)
by virtue of a beneficial estate or contract; or
(ii)
by virtue of any statutory provision giving him the
right to remain in occupation.”
35
      (3)
In paragraph (3)(c), for “spouses” substitute “parties”.
      (4)
In the heading to Article 15, after “spouse” insert “or civil partner”.
15
In Article 20 (non-molestation orders), after paragraph (4) insert—
“(4ZA)
If a civil partnership agreement (within the meaning of the Civil
Partnership Act 2004) is terminated, no application under this Article
40
may be made by virtue of Article 3(3)(eza) by reference to that
agreement after the end of the period of three years beginning with
the day on which it is terminated.”

Civil Partnership Bill [HL]
Schedule 20 — Family homes and domestic violence: Northern Ireland
Part 1 — Amendments of the Family Homes and Domestic Violence (Northern Ireland) Order (SI 1998/1071 (NI 6))
310

16    (1)
In Article 22 (evidence of agreement to marry), after paragraph (2) insert—
“(3)
Subject to paragraph (4), the court shall not make an order under
Article 11 or 20 by virtue of Article 3(3)(eza) unless there is produced
to it evidence in writing of the existence of the civil partnership
agreement (within the meaning of the Civil Partnership Act 2004).
5
(4)
Paragraph (3) does not apply if the court is satisfied that the civil
partnership agreement was evidenced by—
(a)
a gift by one party to the agreement to the other as a token of
the agreement, or
(b)
a ceremony entered into by the parties in the presence of one
10
or more other persons assembled for the purpose of
witnessing the ceremony.”
      (2)
In the heading to Article 22, after “marry” insert “or form a civil
partnership”.
17
In Article 24 (variation and discharge of orders), in paragraph (3)—
15
(a)
for “a spouse’s matrimonial home rights are” substitute “B’s home
rights are, under Article 12,”, and
(b)
for “the other spouse” (in each place) substitute “A”.
18    (1)
Amend Article 31 (dwelling-house subject to mortgage) as follows.
      (2)
In paragraphs (3)(a) and (4), for “matrimonial home rights” substitute “home
20
rights”.
      (3)
In paragraph (5), after “spouse, former spouse” insert “, civil partner, former
civil partner”.
19    (1)
Amend Article 33 (actions by mortgagees: service of notice on certain
persons) as follows.
25
      (2)
In paragraphs (1) and (2), after “matrimonial” insert “or civil partnership”.
20    (1)
Amend Article 39 (appeals) as follows.
      (2)
At the end of paragraph (2)(b) insert “or
(c)
where the county court is a civil partnership proceedings
county court exercising jurisdiction under the Civil
30
Partnership Act 2004.”
      (3)
At the end of paragraph (6) insert “or a civil partnership proceedings county
court exercising jurisdiction under the Civil Partnership Act 2004 in the
same proceedings”.
21    (1)
Amend Schedule 2 (transfer of certain tenancies on divorce etc. or on
35
separation of cohabitees) as follows.
      (2)
In paragraph 1(2), before the definition of “cohabitee” insert—

““civil partner”, except in paragraph 2, includes (where the
context requires) former civil partner;”.
      (3)
In paragraph 2(1), after “spouse” (in both places) insert “or civil partner”.
40
      (4)
For paragraph 2(2) substitute—
“(2)
The court may make a Part II order—
(a)
on granting a decree of divorce, a decree of nullity of marriage or a
decree of judicial separation or at any time thereafter (whether, in the
case of a decree of divorce or nullity of marriage, before or after the
45
decree is made absolute), or