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))
311

(b)
at any time when it has power to make a property adjustment order
under Part 2 of Schedule 16 to the Civil Partnership Act 2004 with
respect to the civil partnership.”
      (5)
In paragraph 2(3), after “spouse” insert “or civil partner”.
      (6)
Omit “or” at the end of paragraph 4(1)(a) and insert—
5
“(aa)
in the case of civil partners, a civil partnership home; or”.
      (7)
In paragraph 5(a), after “spouses” insert “, civil partners”.
      (8)
In paragraph 6, after “spouse” (in both places) insert “, civil partner”.
      (9)
In paragraph 7(1) and (2), after “spouse” (in each place) insert “, civil
partner”.
10
     (10)
For paragraph 7(3) substitute—
“(3)
If the spouse, civil partner or cohabitee so entitled is a successor
within the meaning of Chapter 2 of Part 2 of the Housing
(Northern Ireland) Order 1983 (S.I. 1983/1118 (N.I. 15))—
(a)
his former spouse (or, in the case of judicial separation, his
15
spouse),
(b)
his former civil partner (or, if a separation order is in force,
his civil partner), or
(c)
his former cohabitee,

is to be deemed also to be a successor within the meaning of that
20
Chapter.”
     (11)
In paragraph 8(1) and (2)(a) and (b), after “spouse” insert “, civil partner”.
     (12)
In paragraph 8(3), after “widower” insert “or surviving civil partner”.
     (13)
In paragraph 9(1) (in both places), after “spouse” insert “, civil partner”.
     (14)
In paragraph 10(1), after “spouses” insert “, civil partners”.
25
     (15)
In paragraph 10(2), after “spouse” insert “, civil partner”.
     (16)
For paragraph 11 and the heading preceding it, substitute—
“Date when order made between spouses or civil partners takes effect
11
The date specified in a Part II order as the date on which the order
is to take effect must not be earlier than—
30
(a)
in the case of a marriage in respect of which a decree of
divorce or nullity has been granted, the date on which the
decree is made absolute;
(b)
in the case of a civil partnership in respect of which a
dissolution or nullity order has been made, the date on
35
which the order is made final.”
     (17)
For paragraph 12 and the heading preceding it substitute—
“Effect of remarriage or subsequent civil partnership
12    (1)
If after the grant of a decree dissolving or annulling a marriage
either spouse remarries or forms a civil partnership, that spouse is
40
not entitled to apply, by reference to the grant of that decree, for a
Part II order.

Civil Partnership Bill [HL]
Schedule 20 — Family homes and domestic violence: Northern Ireland
Part 2 — Consequential amendments
312

      (2)
If after the making of a dissolution or nullity order either civil
partner forms a subsequent civil partnership or marries, that civil
partner is not entitled to apply, by reference to the making of that
order, for a Part II order.
      (3)
In sub-paragraphs (1) and (2)—
5
(a)
the references to remarrying and marrying, include
references to cases where the marriage is by law void or
voidable, and
(b)
the references to forming a civil partnership, include
references to cases where the civil partnership is by law
10
void or voidable.”
     (18)
In paragraph 14(1)—
(a)
after “spouse” insert “or civil partner”, and
(b)
for “spouse’s matrimonial home rights” substitute “spouse’s or civil
partner’s home rights”.
15
     (19)
In paragraph 14(2), after “spouse” insert “, civil partner”.
Part 2
Consequential amendments
Land Registration Act (Northern Ireland) 1970 (c. 18)
22
In Part 1 of Schedule 6 (registration of certain burdens), in paragraph 14A for
20
“matrimonial charge (within the meaning of Article 5(1) of the Family Law
(Miscellaneous Provisions) (Northern Ireland) Order 1984 or” substitute
“matrimonial or civil partnership charge (”.
Registration of Deeds Act (Northern Ireland) 1970 (c. 25)
23
In section 4(4A), for “matrimonial charge (within the meaning of Article 5(1)
25
of the Family Law (Miscellaneous Provisions) (Northern Ireland) Order 1984
or” substitute “matrimonial or civil partnership charge (”.
Land Acquisition and Compensation (Northern Ireland) Order 1973 (S.I. 1973/1896 (N.I. 21))
24    (1)
Amend Article 30A (spouses having statutory rights of occupation) as
follows.
30
      (2)
In paragraph (1)—
(a)
for “one spouse (“A”)” substitute “one spouse or civil partner (“A”)”,
and
(b)
for “the other spouse (“B”) acquires matrimonial home rights”
substitute “the other spouse or civil partner (“B”) acquires home
35
rights”.
      (3)
In paragraph (2), for “matrimonial home rights” substitute “home rights”.
      (4)
In the heading to Article 30A, after “spouses” insert “and civil partners”.
Rent (Northern Ireland) Order 1978 (S.I. 1978/1050 (N.I. 20))
25    (1)
Amend Article 14 (extended discretion of court in certain proceedings for
40
possession) as follows.

Civil Partnership Bill [HL]
Schedule 20 — Family homes and domestic violence: Northern Ireland
Part 2 — Consequential amendments
313

      (2)
In paragraph (4A)(b), for “tenant’s spouse or former spouse, having
matrimonial home rights” substitute “tenant’s spouse or former spouse, or
civil partner or former civil partner, having home rights”.
      (3)
In paragraph (4B)—
(a)
after “the spouse or former spouse” insert “, or the civil partner or
5
former civil partner,”, and
(b)
for “those matrimonial home rights” substitute “those home rights”.
      (4)
In paragraph (4C)—
(a)
in sub-paragraph (b), for “former spouse of the tenant” substitute
“former spouse or former civil partner of the tenant”, and
10
(b)
in sub-paragraph (c) after “former spouse,” insert “former civil
partner,”.
      (5)
In paragraph (4D), after “former spouse,” insert “former civil partner,”.
Housing (Northern Ireland) Order 1983 (S.I. 1983/1118 (N.I. 15))
26
In Article 36(1)(d) (rent not to be increased on account of tenant’s
15
improvements), after “former spouse” insert “civil partner, former civil
partner,”.
27    (1)
Amend Article 47 (extended discretion of court in possession claims) as
follows.
      (2)
In paragraph (5), for “tenant’s spouse or former spouse, having matrimonial
20
home rights” substitute “tenant’s spouse or former spouse, or civil partner
or former civil partner, having home rights”.
      (3)
In paragraph (6)—
(a)
after “the spouse or former spouse” insert “, or the civil partner or
former civil partner”, and
25
(b)
for “those matrimonial home rights” substitute “those home rights”.
      (4)
In paragraph (7)—
(a)
in sub-paragraph (b), for “former spouse of the tenant” substitute
“former spouse or former civil partner of the tenant”,
(b)
in sub-paragraph (c), after “former spouse” insert “former civil
30
partner”.
      (5)
In paragraph (8) after “former spouse,” insert “former civil partner,”.
Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19))
28    (1)
Amend Article 309 (rights of occupation etc. of bankrupt’s spouse) as
follows.
35
      (2)
In paragraph (1), for “matrimonial home rights” substitute “home rights”.
      (3)
In paragraph (2)—
(a)
for “a spouse’s matrimonial home rights” substitute “a spouse’s or
civil partner’s home rights”, and
(b)
after “the other spouse” (in each place) insert “or civil partner”.
40
      (4)
In paragraph (3) after “spouse or former spouse” insert “or civil partner or
former civil partner”.
29    (1)
Amend Article 310 (rights of occupation of bankrupt) as follows.

Civil Partnership Bill [HL]
Schedule 20 — Family homes and domestic violence: Northern Ireland
Part 3 — Transitional provision
314

      (2)
In paragraph (2), for “spouse (if any) has matrimonial home rights”
substitute “spouse or civil partner (if any) has home rights”.
      (3)
In paragraph (3)—
(a)
in sub-paragraph (a), for “matrimonial home rights” substitute
“home rights”, and
5
(b)
in sub-paragraph (c), after “spouse” insert or “civil partner”.
Part 3
Transitional provision
30    (1)
Any reference (however expressed) in any enactment, instrument or
document (whether passed or made before or after the passing of this Act)—
10
(a)
to rights of occupation under, or within the meaning of, Part II of the
Family Law (Miscellaneous Provisions) (Northern Ireland) Order
1984 (S.I. 1984/1984 (N.I. 14)), or
(b)
to matrimonial home rights under, or within the meaning of, the
Family Homes and Domestic Violence (Northern Ireland) Order
15
1998 (S.I. 1998/1071 (N.I. 6)),

is to be construed, so far as is required for continuing the effect of the
instrument or document, as being or as the case requires including a
reference to home rights under, or within the meaning of, the 1998 Order as
amended by this Schedule.
20
      (2)
Any reference (however expressed) in the 1998 Order or in any other
enactment, instrument or document (including any enactment amended by
this Schedule) to home rights under, or within the meaning of, the 1998
Order is to be construed as including, in relation to times, circumstances and
purposes before the commencement of this Schedule, references to rights of
25
occupation under, or within the meaning of, Part II of the 1984 Order and to
matrimonial home rights under, or within the meaning of, the 1998 Order
without the amendments made by this Schedule.
      (3)
Any reference (however expressed) in any enactment, instrument or
document (whether passed or made before or after the passing of this Act)
30
to a matrimonial charge under, or within the meaning of—
(a)
Article 5(1) of the 1984 Order, or
(b)
the 1998 Order,

is to be construed, so far as is required for continuing the effect of the
instrument or document, as being or as the case requires including a
35
reference to a matrimonial or civil partnership charge under, or within the
meaning of, the 1998 Order as amended by this Schedule.
      (4)
Any reference (however expressed) in the 1998 Order or in any other
enactment, instrument or document (including any enactment amended by
this Schedule) to a matrimonial or civil partnership charge under, or within
40
the meaning of, the 1998 Order is to be construed as including, in relation to
times, circumstances and purposes before the commencement of this
Schedule, references to a matrimonial charge under, or within the meaning
of—
(a)
Article 5(1) of the 1984 Order, or
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(b)
the 1998 Order.