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Civil Partnership Bill [HL]


Civil Partnership Bill [HL]
Schedule 22 — References to stepchildren etc. in existing Acts

315

 

Schedule 21

Section 205

 

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—

 

Country or territory

Description (continued)

 
 

(continued)

  
 

Belgium

cohabitation légale (statutory cohabitation)

 
 

Belgium

marriage

 

10

 

Denmark

registreret partnerskab (registered partnership)

 
 

Finland

rekisteröity parisuhde (registered partnership)

 
 

France

pacte civile de solidarité (civil solidarity pact)

 
 

Germany

Lebenspartnerschaft (life partnership)

 
 

Iceland

staðfesta samvist (confirmed cohabitation)

 

15

 

Netherlands

geregistreerde partnerschap (registered partnership)

 
 

Netherlands

marriage

 
 

Norway

registrert partnerskap (registered partnership)

 
 

Sweden

registrerat partnerskap (registered partnership)

 
 

United States of

civil union

 

20

 

America: Vermont

  

Schedule 22

Section 239

 

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

of holding).

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).

 

 

Civil Partnership Bill [HL]
Schedule 22 — References to stepchildren etc. in existing Acts

316

 

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

relative).

12         

Section 13(1) of the Administration of Justice Act 1982 (c. 53) (deduction of

relationships).

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

relative”).

15         

Section 5(3) of the Mobile Homes Act 1983 (c. 34) (interpretation: member of

another’s family).

16         

Section 153(4) of the Companies Act 1985 (c. 6) (transactions not prohibited

20

by section 151).

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

“associate”).

30

24         

Section 113(2) of the Housing Act 1985 (c. 68) (members of a person’s

family).

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

person’s family).

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)

(interpretation).

40

 

 

Civil Partnership Bill [HL]
Schedule 22 — References to stepchildren etc. in existing Acts

317

 

30         

Section 83(2)(c) of the Housing (Scotland) Act 1987 (c. 26) (members of a

person’s family).

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

(interpretation).

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)

(bequest of lease).

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

another’s family).

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

servants).

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:

Part 1).

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

associated person).

48         

Section 422(4)(b) of the Financial Services and Markets Act 2000 (c. 8)

(controller).

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

certain terms).

51         

Section 1(3) of the Mortgage Rights (Scotland) Act 2001 (asp 11) (application

to suspend enforcement of standard security).

 

 

Civil Partnership Bill [HL]
Schedule 23 — References to stepchildren etc. in existing Northern Ireland legislation

318

 

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).

Schedule 23

Section 240

 

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

(N.I.)) (dependants).

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

to be exempted).

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

children).

14         

Article 336(8) of that Order (extension of Article 332 to spouses and

children).

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”).

 

 

Civil Partnership Bill [HL]
Schedule 24 — Social security, child support and tax credits
Part 1 — Amendments of the Child Support Act 1991 (c. 48)

319

 

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

(interpretation).

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

Schedule 24

Section 244

 

Social security, child support and tax credits

Part 1

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

partnership,”, and

(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

assessments) substitute—

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

they are married),

(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,”.

 

 

Civil Partnership Bill [HL]
Schedule 24 — Social security, child support and tax credits
Part 2 — Amendments of the Child Support (Northern Ireland) Order 1991 (S.I. 1991/2628 (N.I. 23))

320

 

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

opposite sex.”

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

partners.

      (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.”

Part 2

Amendments of the Child Support (Northern Ireland) Order 1991 (S.I. 1991/

25

2628 (N.I. 23))

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

civil partnership,”, and

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

assessments) substitute—

“(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

they are married),

(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,”.

 

 

Civil Partnership Bill [HL]
Schedule 24 — Social security, child support and tax credits
Part 3 — Amendments of the Social Security Contributions and Benefits Act 1992 (c. 4)

321

 

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

opposite sex.”

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

partners.

      (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.”

Part 3

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.

 

 

 
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