Civil Partnership Bill [HL]

House of Commons

Session 2002 - 03
Internet Publications
Other Bills before Parliament

Civil Partnership Bill [HL]

Civil Partnership Bill [HL]
Schedule 24 — Social security, child support and tax credits
Part 13 — Amendments of the State Pension Credit Act (Northern Ireland) 2002 (c. 14 (N.I.))
343

(ii)
separated in circumstances in which the separation is
likely to be permanent, 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.”
125
In sections 4(1)(g), 11(6)(b) and (c), 17(10)(b), 24(2) and 32(6), for “married
5
couple or an unmarried couple” (in each place) substitute “couple”.
126
In sections 4(1)(g) and 17(10)(b), for “the married couple or unmarried
couple” substitute “the couple”.
127   (1)
Renumber section 48 (interpretation) as subsection (1) of that section.
      (2)
In subsection (1), after the definition of “child” insert—
10

““couple” has the meaning given by section 3(5A),”,

and omit the definitions of “married couple” and “unmarried couple”.
      (3)
After subsection (1) insert—
“(2)
For the purposes of this Part, two people of the same sex are to be
regarded as living together as if they were civil partners if, but only
15
if, they would be regarded as living together as husband and wife
were they instead two people of the opposite sex.”
Part 13
Amendments of the State Pension Credit Act (Northern Ireland) 2002 (c. 14
(N.I.))
20
128
In sections 2(5)(a) and (8)(b), 3(1)(b), 4(1), 5, 6(3)(c)(ii) and 9(4)(a), (b) and (d),
for “married or unmarried couple” substitute “couple”.
129
In section 2(5)(b), for “such a couple” substitute “a couple”.
130   (1)
Amend subsection (1) of section 17 (other interpretation provisions) as
follows.
25
      (2)
After the definition of “the Contributions and Benefits Act” insert—

““couple” means—
(a)
a man and woman who are married to each other and
are members of the same household;
(b)
a man and woman who are not married to each other
30
but are living together as husband and wife otherwise
than in prescribed circumstances;
(c)
two people of the same sex who are civil partners of
each other and are members of the same household;
or
35
(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 otherwise than in prescribed
circumstances;”.
      (3)
In the definition of “foreign war widow’s or widower’s pension” for “widow
40
or widower” (in each place) substitute “widow, widower or surviving civil
partner”.
      (4)
Omit the definitions of “married couple” and “unmarried couple”.
      (5)
In the definition of “war widow’s or widower’s pension”—

Civil Partnership Bill [HL]
Schedule 26 — Amendment of certain enactments relating to the armed forces
344

(a)
in paragraph (a), for “any widow’s or widower’s” substitute “any
widow’s, widower’s or surviving civil partner’s”, and
(b)
in paragraph (b), for “widow or widower” substitute “widow,
widower or surviving civil partner”.
131
After section 17(1) insert—
5
“(1A)
For the purposes of this Act, two people of the same sex are 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.”
Schedule 25
10
Section 246

Amendment of certain enactments relating to pensions
Fire Services Act 1947 (c. 41)
1
In section 26 (firemen’s pension scheme), in subsections (1) and (2A), for
“widows,” substitute “surviving spouses, surviving civil partners,”.
House of Commons Members’ Fund Act 1948 (c. 36)
15
2
In section 4 (provision for cases of special hardship), in subsection (1)(b), for
“widowers” substitute “widowers, surviving civil partners”.
Parliamentary and other Pensions Act 1972 (c. 48)
3
In section 27 (pensions for dependants of Prime Minister or Speaker), in
subsection (2)(a)(i), for “widow or widower” substitute “widow, widower or
20
surviving civil partner”.
Theatres Trust Act 1976 (c. 27)
4
In section 3 (employment of staff), in subsection (d)(iii) (power to secure
pensions and gratuities payable to or in respect of officers and servants), for
“widow,” substitute “surviving spouse, surviving civil partner,”.
25
Schedule 26
Section 247

Amendment of certain enactments relating to the armed forces
Greenwich Hospital Act 1865 (c. 89)
1
In section 5 (power to appoint pensions to officers, etc.), after “widows”
insert “or surviving civil partners”.
30
Navy and Marines (Property of Deceased) Act 1865 (c. 111)
2
In section 4 (disposal of residue belonging to deceased person in civil service
of navy), after “widow” insert “or surviving civil partner”.

Civil Partnership Bill [HL]
Schedule 26 — Amendment of certain enactments relating to the armed forces
345

Pensions Commutation Act 1871 (c. 36)
3     (1)
In section 4 (power to Treasury to commute pensions), in subsection (2) —
(a)
after “marries” insert “or forms a civil partnership”, and
(b)
after “widow” insert “or surviving civil partner”.
      (2)
In section 4(3), for “wife” substitute “wife, civil partner”.
5
Greenwich Hospital Act 1883 (c. 32)
4
In section 2 (power to grant pensions, allowances, and gratuities), in
subsection (1), after “widows” insert “or surviving civil partners”.
Pensions and Yeomanry Pay Act 1884 (c. 55)
5
In section 4 (distribution of money not exceeding £5,000 without requiring
10
probate), after “widower” insert “surviving civil partner”.
Regimental Debts Act 1893 (c. 5)
6
In section 10 (application of residue undisposed of), in subsection (2), for
“widows” substitute “widows, surviving civil partners”.
7
In section 24 (application of Act to cases of insanity), in paragraph (a), for
15
“wife or husband” substitute “wife, husband or civil partner”.
Naval Medical Compassionate Fund Act 1915 (c. 28)
8
In section 1 (power by Order in Council to regulate fund), in subsection
(1)(f), for “widows, widowers” substitute “widows, widowers, surviving
civil partners”.
20
Naval and Military War Pensions, &c., (Administrative Expenses) Act 1917 (c. 14)
9     (1)
In section 5 (alteration of purposes for which voluntary funds may be
applied in certain cases)—
(a)
after “wives,” (in each place) insert “civil partners,”, and
(b)
after “widows,” (in each place) insert “surviving civil partners,”.
25
      (2)
In section 6 (power of Secretary of State to accept and administer gifts for
assisting disabled officers and men), after “widows,” insert “surviving civil
partners,”.
War Pensions (Administrative Provisions) Act 1919 (c. 53)
10
In section 8 (appeals to Pensions Appeal Tribunals), in subsection (1), for
30
“the motherless child or” substitute “surviving civil partner or the orphan,”.
War Pensions Act 1920 (c. 23)
11
In section 7 (restoration of forfeited pensions), in subsection (2), after “wife,”
insert “civil partner,”.
12
In section 8 (statutory right of widow or dependant to a pension), for
35
“widow” substitute “widow, surviving civil partner”.

Civil Partnership Bill [HL]
Schedule 26 — Amendment of certain enactments relating to the armed forces
346

Admiralty Pensions Act 1921 (c. 39)
13
In section 2 (restoration of forfeited pension), in subsection (2), after “wife,”
insert “civil partner,”.
Greenwich Hospital Act 1942 (c. 35)
14    (1)
In section 1 (extension of powers to grant pensions to persons employed for
5
the purposes of Greenwich Hospital), in subsection (1)(a) and (b) for
“widows” substitute “widows, surviving civil partners”.
      (2)
In section 1(2), for “spouses” substitute “spouses, civil partners”.
Pensions Appeal Tribunals Act 1943 (c. 39)
15
In section 1 (appeals against rejection of war pension claims made in respect
10
of members of the naval, military or air forces), in subsection (4)(ii) —
(a)
after “widower,” insert “surviving civil partner,”,
(b)
for “husband” substitute “husband, civil partner”,
(c)
after “marriage” insert “or civil partnership”, and
(d)
after “place” insert “or been formed”.
15
Greenwich Hospital Act 1947 (10 & 11 Geo. 6 c. 5)
16
In section 2 (extension of power to grant pensions, etc.), in subsection (1),
after “widows” insert “and surviving civil partners”.
Polish Resettlement Act 1947 (c. 19)
17
In section 1 (power to apply Royal Warrant as to pensions etc. to certain
20
Polish forces), in subsection (1), after “widows,” insert “surviving civil
partners,”.
18
In section 2 (allowances from the Assistance Board), in subsection (2)(c)—
(a)
for “of men” substitute “or civil partners of persons”,
(b)
for “woman” substitute “person”,
25
(c)
for “of a man” substitute “or civil partner of a person”, and
(d)
for “re-married” substitute “subsequently married or formed a civil
partnership”.
Naval Forces (Enforcement of Maintenance Liabilities) Act 1947 (c. 24)
19    (1)
Amend section 1 (deduction from pay in respect of liabilities for
30
maintenance, etc.) as follows.
      (2)
In subsection (1), in paragraphs (a), (aa) and (b) after “wife” insert “or civil
partner”.
      (3)
In subsection (2A), after paragraph (a) insert—
“(aa)
if, in proceedings in connection with the dissolution or
35
annulment of a civil partnership, an order has been made for
the payment of any periodical or other sum in respect of the
maintenance of the person who, if the civil partnership had
subsisted, would have been the civil partner of any such
person as is mentioned in subsection (1) above, references in
40

Civil Partnership Bill [HL]
Schedule 26 — Amendment of certain enactments relating to the armed forces
347

this section to that person’s civil partner include references to
the person in whose favour the order was made; and”.
Royal Patriotic Fund Corporation Act 1950 (c. 10)
20
In section 1 (extension of objects of soldiers’ effects fund), in subsection (1)—
(a)
for “widows or children” substitute “widows, surviving civil
5
partners or children”, and
(b)
after “widows,” insert “surviving civil partners,”.
Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (c. 65)
21
In section 23(1) (interpretation of Part 2)—
(a)
in paragraph (a) of the definition of “dependant”, for “wife”
10
substitute “spouse or civil partner”, and
(b)
in the definition of “statutory tenancy”, for “widow” substitute
“surviving spouse or surviving civil partner”.
22
In paragraph (a) of section 25(6) (meaning of “dependant”), for “wife”
substitute “spouse or civil partner”.
15
23
In section 27(5) (interpretation of section), for “wife” (in each place)
substitute “spouse or civil partner”.
24
In section 38(5) (interpretation of section), for “wife” (in each place)
substitute “spouse or civil partner”.
25    (1)
Amend section 46 (general provisions as to payments to make up civil
20
remuneration) as follows.
      (2)
In subsection (2), for “wife” substitute “spouse or civil partner”.
      (3)
In subsection (3)—
(a)
the words from “a widow entitled to a widow’s pension” to the end
of paragraph (iv) become paragraph (a) of the subsection (so that
25
paragraphs (i) to (iv) become sub-paragraphs of that paragraph (a)),
(b)
in that paragraph (a), for “widow entitled to a widow’s pension”
substitute “surviving spouse entitled to a surviving spouse’s
pension”,
(c)
in sub-paragraph (iv) of that paragraph (a), at the end insert “or”, and
30
(d)
before “there may” insert the following paragraph—
“(b)
a surviving civil partner entitled to a surviving civil
partner’s pension by virtue of any of those
provisions,”.
26
In section 52(2)(a) (“service pay” includes marriage etc. allowances), after
35
“marriage,” insert “civil partnership,”.
27    (1)
Amend Schedule 3 (financial provisions consequential on treating a person
dying on service as alive and the converse) as follows.
      (2)
In paragraph 1(3), for “widow” substitute “surviving spouse, surviving civil
partner”.
40
      (3)
In paragraph 2(4), for “wife” (in each place) substitute “spouse, civil
partner”.

Civil Partnership Bill [HL]
Schedule 26 — Amendment of certain enactments relating to the armed forces
348

Army Act 1955 (3 & 4 Eliz. 2 c. 18)
28    (1)
Section 150 (enforcement of maintenance and affiliation orders by deduction
from pay) is amended as follows.
      (2)
In subsection (1)(a) and (aa), after “wife” insert “or civil partner”.
      (3)
In subsection (5), after “marriage had subsisted;” insert—
5

“ references to a civil partner include, in relation to an order made in
proceedings in connection with the dissolution or annulment of a
civil partnership, references to a person who would have been the
civil partner of the defendant if the civil partnership had
subsisted.”
10
29
In section 151 (deductions from pay for maintenance of wife or child), in
subsection (1)—
(a)
after “wife” (in the first place) insert “or civil partner”, and
(b)
for “wife” (in the second place) substitute “wife, civil partner”.
Air Force Act 1955 (3 & 4 Eliz. 2 c. 19)
15
30    (1)
Section 150 (enforcement of maintenance and affiliation orders by deduction
from pay) is amended as follows.
      (2)
In subsection (1)(a) and (aa), after “wife” insert “or civil partner”.
      (3)
In subsection (5), after “marriage had subsisted;” insert—

“ references to a civil partner include, in relation to an order made in
20
proceedings in connection with the dissolution or annulment of a
civil partnership, references to a person who would have been the
civil partner of the defendant if the civil partnership had
subsisted.”
31
In section 151 (deductions from pay for maintenance of wife or child), in
25
subsection (1)—
(a)
after “wife” (in the first place) insert “or civil partner”, and
(b)
for “wife” (in the second place) substitute “wife, civil partner”.
Naval Discipline Act 1957 (c. 53)
32    (1)
Section 101 (service of proceedings for maintenance etc.) is amended as
30
follows.
      (2)
In subsection (5)(a) and (b), after “wife” insert “or civil partner”.
      (3)
In subsection (5A), after paragraph (a) insert—
“(aa)
references to the civil partner of a person include, in relation
to an order made in proceedings in connection with the
35
dissolution or annulment of a civil partnership, references to
a person who would have been his civil partner if the civil
partnership had subsisted; and”.
Courts-Martial (Appeals) Act 1968 (c. 20)
33
In section 48A (appeals on behalf of deceased persons), in subsection (3)(a),
40
for “widow or widower” substitute “widow, widower or surviving civil
partner”.