|
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|
| |
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Meaning of overseas relationship: specified relationships |
| |
| A relationship is specified for the purposes of section 205 (meaning of |
| |
“overseas relationship”) if it is registered in a country or territory given in |
| |
the first column of the table and fits the description given in relation to that |
| 5 |
country or territory in the second column— |
| |
| | | | | | | | | | | | cohabitation légale (statutory cohabitation) |
| | | | | | | 10 | | | registreret partnerskab (registered partnership) |
| | | | | rekisteröity parisuhde (registered partnership) |
| | | | | pacte civile de solidarité (civil solidarity pact) |
| | | | | Lebenspartnerschaft (life partnership) |
| | | | | staðfesta samvist (confirmed cohabitation) |
| | 15 | | | geregistreerde partnerschap (registered partnership) |
| | | | | | | | | | registrert partnerskap (registered partnership) |
| | | | | registrerat partnerskap (registered partnership) |
| | | | | | | 20 | | | | | |
|
| |
| |
References to stepchildren etc. in existing Acts |
| |
1 | The Declinature Act 1681 (c. 79) (Senators of College of Justice not to sit in |
| |
causes of persons related to them). |
| 25 |
2 | Section 21 of the Small Landholders (Scotland) Act 1911 (c. 49) (assignment |
| |
| |
3 | Section 68(2)(e) of the Marriage Act 1949 (c. 76) (solemnisation of marriages |
| |
of stepchildren of servicemen in naval, military and air force chapels etc.). |
| |
4 | Section 7(7) of the Leasehold Reform Act 1967 (c. 88) (rights of members of |
| 30 |
family succeeding to tenancy on death: member of another’s family). |
| |
5 | Section 18(3) of that Act (residential rights and exclusion of enfranchisement |
| |
or extension: adult member of another’s family). |
| |
|
| |
|
| |
|
6 | Section 2(2) of the Employers’ Liability (Compulsory Insurance) Act 1969 |
| |
(c. 57) (employees to be covered). |
| |
7 | Section 27(5) of the Parliamentary and other Pensions Act 1972 (c. 48) |
| |
(pensions for dependants of Prime Minister or Speaker). |
| |
8 | Section 184(5) of the Consumer Credit Act 1974 (c. 39) (associates). |
| 5 |
9 | Section 1(5) of the Fatal Accidents Act 1976 (c. 30) (right of action for |
| |
wrongful act causing death: who are dependants). |
| |
10 | The definition of “relative” in section 31(1) of the Credit Unions Act 1979 |
| |
(c. 34) (interpretation, etc.). |
| |
11 | Section 32(3) of the Estate Agents Act 1979 (c. 38) (“associate”: meaning of |
| 10 |
| |
12 | Section 13(1) of the Administration of Justice Act 1982 (c. 53) (deduction of |
| |
| |
13 | Section 12(5) of the Mental Health Act 1983 (c. 20) (general provisions as to |
| |
medical recommendations: persons who may not give recommendations). |
| 15 |
14 | Section 25C(10) of that Act (supervision applications: meaning of “close |
| |
| |
15 | Section 5(3) of the Mobile Homes Act 1983 (c. 34) (interpretation: member of |
| |
| |
16 | Section 153(4) of the Companies Act 1985 (c. 6) (transactions not prohibited |
| 20 |
| |
17 | Section 203(1) of that Act (notification of family and corporate interests: |
| |
person interested in shares). |
| |
18 | Section 327(2) of that Act (extension of section 323 to spouses and children). |
| |
19 | Section 328(8) of that Act (extension of section 324 to spouses and children). |
| 25 |
20 | Section 346(2) of that Act (“connected persons”). |
| |
21 | Section 430E(8) of that Act (associates). |
| |
22 | Section 742A(6) of that Act (meaning of “offer to the public”). |
| |
23 | Section 74(4)(a) of the Bankruptcy (Scotland) Act 1985 (c. 66) (meaning of |
| |
| 30 |
24 | Section 113(2) of the Housing Act 1985 (c. 68) (members of a person’s |
| |
| |
25 | Section 186(2) of that Act (members of a person’s family). |
| |
26 | Section 105(2) of the Housing Associations Act 1985 (c. 69) (members of a |
| |
| 35 |
27 | Section 20(6) of the Airports Act 1986 (c. 31) (powers of investment and |
| |
disposal in relation to public airport companies). |
| |
28 | Section 435(8) of the Insolvency Act 1986 (c. 45) (meaning of “associate”). |
| |
29 | Section 70(2)(a) and (c), (3)(a) and (4) of the Building Societies Act 1986 (c. 53) |
| |
| 40 |
|
| |
|
| |
|
30 | Section 83(2)(c) of the Housing (Scotland) Act 1987 (c. 26) (members of a |
| |
| |
31 | Section 4(6) of the Landlord and Tenant Act 1987 (c. 31) (relevant disposals). |
| |
32 | Section 52(2)(a) of the Companies Act 1989 (c. 40) (meaning of “associate”). |
| |
33 | The definition of “relative” in section 105(1) of the Children Act 1989 (c. 41) |
| 5 |
| |
34 | Paragraph 1(2) of Schedule 2 to the Broadcasting Act 1990 (c. 42) (restrictions |
| |
on the holding of licences). |
| |
35 | Section 11(1) of the Agricultural Holdings (Scotland) Act 1991 (c. 55) |
| |
| 10 |
36 | Section 77(3)(c) of the Friendly Societies Act 1992 (c. 40) (information on |
| |
appointed actuary to be annexed to balance sheet). |
| |
37 | The definitions of “son” and “daughter” in section 119A(2) of that Act |
| |
(meaning of “associate”). |
| |
38 | Paragraph 2(1) of Schedule 5 to the Charities Act 1993 (c. 10) (meaning of |
| 15 |
“connected person” for purposes of section 36(2)). |
| |
39 | Section 10(5) of the Leasehold Reform, Housing and Urban Development |
| |
Act 1993 (c. 28) (premises with a resident landlord: adult member of |
| |
| |
40 | Section 61(2) of the Crofters (Scotland) Act 1993 (c. 44) (member of family). |
| 20 |
41 | Section 2 of the Criminal Law (Consolidation) (Scotland) Act 1995 (c. 39) |
| |
(intercourse with stepchild). |
| |
42 | Section 161(1) of the Employment Rights Act 1996 (c. 18) (domestic |
| |
| |
43 | The definition of “relative” in section 63(1) of the Family Law Act 1996 (c. 27) |
| 25 |
(interpretation of Part 4 of the 1996 Act). |
| |
44 | Section 62(2) of the Housing Act 1996 (c. 52) (members of a person’s family: |
| |
| |
45 | Section 140(2) of that Act (members of a person’s family: Chapter 1). |
| |
46 | Section 143P(3) of that Act (members of a person’s family: Chapter 1A). |
| 30 |
47 | The definition of “relative” in section 178(3) of that Act (meaning of |
| |
| |
48 | Section 422(4)(b) of the Financial Services and Markets Act 2000 (c. 8) |
| |
| |
49 | Paragraph 16(2) of Schedule 11 to that Act (offers of securities). |
| 35 |
50 | Section 108(2)(c) of the Housing (Scotland) Act 2001 (asp 10) (meaning of |
| |
| |
51 | Section 1(3) of the Mortgage Rights (Scotland) Act 2001 (asp 11) (application |
| |
to suspend enforcement of standard security). |
| |
|
| |
|
| |
|
52 | Paragraph 3(8) of Schedule 6 to the Commonhold and Leasehold Reform Act |
| |
2002 (c. 15) (premises excluded from right to manage). |
| |
53 | Section 127(6) of the Enterprise Act 2002 (c. 40) (associated persons). |
| |
| |
| |
References to stepchildren etc. in existing Northern Ireland legislation |
| 5 |
1 | The definition of “member of the family” in section 101 of the Industrial and |
| |
Provident Societies Act (Northern Ireland) 1969 (c. 24 (N.I.)) (interpretation). |
| |
2 | Section 1(3)(f) of the Leasehold (Enlargement and Extension) Act (Northern |
| |
Ireland) 1971 (c. 7 (N.I.)) (persons to have rights to acquire a fee simple or to |
| |
obtain extension of a lease). |
| 10 |
3 | Section 19(1)(a) of that Act (family of a person). |
| |
4 | Section 3(7) of the Pensions (Increase) Act (Northern Ireland) 1971 (c. 35 |
| |
| |
5 | Article 6 of the Employers’ Liability (Defective Equipment and Compulsory |
| |
Insurance) (Northern Ireland) Order 1972 (S.I. 1972/963 (N.I. 6)) (employees |
| 15 |
| |
6 | Article 2(2) of the Fatal Accidents (Northern Ireland) Order 1977 (S.I. 1977/ |
| |
1251 (N.I. 18)) (dependants). |
| |
7 | Article 2(5) of the Housing (Northern Ireland) Order 1981 (S.I. 1981/156 |
| |
(N.I. 3)) (interpretation). |
| 20 |
8 | Article 24(3) of the Housing (Northern Ireland) Order 1983 (S.I. 1983/1118 |
| |
(N.I. 15)) (interpretation). |
| |
9 | The definition of “member of the family” in Article 2(2) of the Credit Unions |
| |
(Northern Ireland) Order 1985 (S.I. 1985/1205 (N.I. 12)) (interpretation). |
| |
10 | Schedule 1 to the Mental Health (Northern Ireland) Order 1986 (S.I. 1986/ |
| 25 |
595 (N.I. 4)) (general provisions as to medical recommendations: persons |
| |
who may not give recommendations). |
| |
11 | Article 10A of the Companies (Northern Ireland) Order 1986 (S.I. 1986/1032 |
| |
(N.I. 6)) (meaning of “offer to the public”). |
| |
12 | Article 211(1) of that Order (notification of family and corporate interests: |
| 30 |
person interested in shares). |
| |
13 | Article 335(2) of that Order (extension of Article 331 to spouses and |
| |
| |
14 | Article 336(8) of that Order (extension of Article 332 to spouses and |
| |
| 35 |
15 | Article 354(2) of that Order (“connected persons”). |
| |
16 | Article 423(8) of that Order (associates). |
| |
17 | Article 4(8) of the Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 |
| |
(N.I. 19)) (meaning of “associate”). |
| |
|
| |
|
| |
|
18 | Article 54(2)(a) of the Companies (Northern Ireland) Order 1990 (S.I. 1990/ |
| |
593 (N.I. 5)) (meaning of “associate”). |
| |
19 | Article 2(4) of the Registered Homes (Northern Ireland) Order 1992 |
| |
(S.I. 1992/3204 (N.I. 20)) (meaning of “relative”). |
| |
20 | The definition of “relative” in Article 2(2) of the Children (Northern Ireland) |
| 5 |
Order 1995 (S.I. 1995/755 (N.I. 2)). |
| |
21 | Article 196(1) of the Employment Rights (Northern Ireland) Order 1996 |
| |
(S.I. 1996/1919 (N.I. 16)) (domestic servants). |
| |
22 | The definition of “relative” in Article 2(2) of the Family Homes and Domestic |
| |
Violence (Northern Ireland) Order 1998 (S.I. 1998/1071 (N.I. 6)) |
| 10 |
| |
23 | Article 3(2) of the Housing (Northern Ireland) Order 2003 (S.I. 2003/412 |
| |
(N.I. 2)) (members of a person’s family). |
| |
24 | The definition of “relative” in Article 2(2) of the Firearms (Northern Ireland) |
| |
Order 2004 (S.I. 2004/702 (N.I. 3)) (interpretation). |
| 15 |
| |
| |
Social security, child support and tax credits |
| |
| |
Amendments of the Child Support Act 1991 (c. 48) |
| |
1 | In section 15 (powers of inspectors), in subsection (7)— |
| 20 |
(a) | after “married” insert “or is a civil partner”, and |
| |
(b) | after “spouse” insert “or civil partner”. |
| |
2 | In section 55 (meaning of “child”), in subsection (2)— |
| |
(a) | in paragraph (a), after “married” insert “or a civil partner”, |
| |
(b) | in paragraph (b), after “marriage” insert “, or been a party to a civil |
| 25 |
| |
(c) | in paragraph (c), after “granted” insert “or has been a party to a civil |
| |
partnership in respect of which a nullity order has been made”. |
| |
3 | For paragraph 6(5)(b) (as originally enacted) of Schedule 1 (maintenance |
| |
| 30 |
“(b) | where the absent parent— |
| |
(i) | is living together in the same household with another |
| |
adult of the opposite sex (regardless of whether or not |
| |
| |
(ii) | is living together in the same household with another |
| 35 |
adult of the same sex who is his civil partner, or |
| |
(iii) | is living together in the same household with another |
| |
adult of the same sex as if they were civil partners, |
| |
| income of that other adult,”. |
| |
|
| |
|
| |
|
4 | After paragraph 6(5) (as originally enacted) of that Schedule insert— |
| |
“(5A) | For the purposes of this paragraph, two adults of the same sex are |
| |
to be regarded as living together in the same household as if they |
| |
were civil partners if, but only if, they would be regarded as living |
| |
together as husband and wife were they instead two adults of the |
| 5 |
| |
5 | In paragraph 10C of that Schedule (as substituted by section 1(3) of, and |
| |
Schedule 1 to, the Child Support, Pensions and Social Security Act 2000 |
| |
(c. 19)), for sub-paragraph (5) substitute— |
| |
“(5) | In sub-paragraph (4)(a), “couple” means— |
| 10 |
(a) | a man and a woman who are married to each other and are |
| |
members of the same household, |
| |
(b) | a man and a woman who are not married to each other but |
| |
are living together as husband and wife, |
| |
(c) | two people of the same sex who are civil partners of each |
| 15 |
other and are members of the same household, or |
| |
(d) | two people of the same sex who are not civil partners of |
| |
each other but are living together as if they were civil |
| |
| |
(6) | For the purposes of this paragraph, two people of the same sex are |
| 20 |
to be regarded as living together as if they were civil partners if, |
| |
but only if, they would be regarded as living together as husband |
| |
and wife were they instead two people of the opposite sex.” |
| |
| |
Amendments of the Child Support (Northern Ireland) Order 1991 (S.I. 1991/ |
| 25 |
| |
6 | In Article 3 (meaning of “child”), in paragraph (2)— |
| |
(a) | in sub-paragraph (a), after “married” insert “or a civil partner”, |
| |
(b) | in sub-paragraph (b), after “marriage” insert “, or been a party to a |
| |
| 30 |
(c) | in sub-paragraph (c), after “granted” insert “or has been a party to a |
| |
civil partnership in respect of which a nullity order has been made”. |
| |
7 | In Article 17 (powers of inspectors), in paragraph (7)— |
| |
(a) | after “married” insert “or is a civil partner”, and |
| |
(b) | after “spouse” insert “or civil partner”. |
| 35 |
8 | For paragraph 6(5)(b) (as originally enacted) of Schedule 1 (maintenance |
| |
| |
“(b) | where the absent parent— |
| |
(i) | is living together in the same household with another |
| |
adult of the opposite sex (regardless of whether or not |
| 40 |
| |
(ii) | is living together in the same household with another |
| |
adult of the same sex who is his civil partner, or |
| |
(iii) | is living together in the same household with another |
| |
adult of the same sex as if they were civil partners, |
| 45 |
| income of that other adult,”. |
| |
|
| |
|
| |
|
9 | After paragraph 6(5) (as originally enacted) of that Schedule insert— |
| |
“(5A) | For the purposes of this paragraph, two adults of the same sex are |
| |
to be regarded as living together in the same household as if they |
| |
were civil partners if, but only if, they would be regarded as living |
| |
together as husband and wife were they instead two adults of the |
| 5 |
| |
10 | In paragraph 10C of that Schedule (as substituted by section 1(3) of, and |
| |
Schedule 1 to, the Child Support, Pensions and Social Security Act (Northern |
| |
Ireland) 2000 (c. 4 (N.I.))), for sub-paragraph (5) substitute— |
| |
“(5) | In sub-paragraph (4)(a), “couple” means— |
| 10 |
(a) | a man and a woman who are married to each other and are |
| |
members of the same household, |
| |
(b) | a man and a woman who are not married to each other but |
| |
are living together as husband and wife, |
| |
(c) | two people of the same sex who are civil partners of each |
| 15 |
other and are members of the same household, or |
| |
(d) | two people of the same sex who are not civil partners of |
| |
each other but are living together as if they were civil |
| |
| |
(6) | For the purposes of this paragraph, two people of the same sex are |
| 20 |
to be regarded as living together as if they were civil partners if, |
| |
but only if, they would be regarded as living together as husband |
| |
and wife were they instead two people of the opposite sex.” |
| |
| |
Amendments of the Social Security Contributions and Benefits Act 1992 (c. 4) |
| 25 |
11 | In section 20 (descriptions of contributory benefits), in subsection (1)(f)(ii), |
| |
after “spouse” insert “or civil partner”. |
| |
12 | In section 30A (incapacity benefit: entitlement), in subsection (2)(b)(ii), after |
| |
“spouse” insert “or deceased civil partner”. |
| |
13 | In section 30B (incapacity benefit: rate), in subsection (3)(a), after “people” |
| 30 |
insert “or civil partners”. |
| |
14 (1) | Amend section 36 (bereavement payment) as follows. |
| |
(2) | In subsection (1), after “spouse” (in each place) insert “or civil partner”. |
| |
(3) | For subsection (2) substitute— |
| |
“(2) | A bereavement payment shall not be payable to a person if— |
| 35 |
(a) | that person and a person of the opposite sex to whom that |
| |
person was not married were living together as husband and |
| |
wife at the time of the spouse’s or civil partner’s death, or |
| |
(b) | that person and a person of the same sex who was not his or |
| |
her civil partner were living together as if they were civil |
| 40 |
partners at the time of the spouse’s or civil partner’s death.” |
| |
15 | In section 36A (cases in which sections 37 to 41 apply), in subsection (2), after |
| |
“spouse” insert “or civil partner”. |
| |
16 (1) | Amend section 37 (widowed mother’s allowance) as follows. |
| |
|
| |
|