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 27 — Minor and consequential amendments: general
349

Schedule 27
Section 251(1)

Minor and consequential amendments: general
Law of Distress Amendment Act 1908 (c. 53)
1
In section 4(1) (exclusion of certain goods), after “husband or wife”, insert
“or civil partner”.
5
Trustee Act 1925 (c. 19)
2     (1)
Amend section 31(2)(i) (trust on reaching 18 or marrying under that age of
accumulations during infancy) as follows.
      (2)
In sub-paragraph (a)—
(a)
after “marries under that age” insert “ or forms a civil partnership
10
under that age”, and
(b)
for “or until his marriage” substitute “, or until his marriage or his
formation of a civil partnership,”.
      (3)
In sub-paragraph (b), after “marriage” insert “, or formation of a civil
partnership,”.
15
      (4)
In the words after that sub-paragraph, after “marriage” insert “or formation
of a civil partnership”.
3
In section 33(1)(ii)(a) and (b) (trust to maintain principal beneficiary and his
spouse and issue on failure of protective trust under paragraph (i)), for “wife
or husband” substitute “spouse or civil partner”.
20
Law of Property Act 1925 (c. 20)
4
In section 205(1)(xxi) (which defines “valuable consideration” as including
marriage), after “includes marriage” insert “, and formation of a civil
partnership,”.
Landlord and Tenant (Requisitioned Land) Act 1942 (c. 13)
25
5
In section 13(1) (definition of “member of the family”), after “the wife or
husband of the tenant,” insert “the civil partner of the tenant,”.
Marriage Act 1949 (c. 76)
6     (1)
Amend section 1 (marriages within prohibited degrees) as follows.
      (2)
In subsection (1), for the words from “between a man” to “the said Part I,”
30
substitute “between a person and any person mentioned in the list in Part 1
of Schedule 1”.
      (3)
In subsection (2), for the words from “between a man” to “the said Part II,”
substitute “between a person and any person mentioned in the list in Part 2
of Schedule 1”.
35
      (4)
In subsection (4), for the words from “between a man” to “the said Part III”
substitute “between a person and any person mentioned in the list in Part 3
of Schedule 1”.

Civil Partnership Bill [HL]
Schedule 27 — Minor and consequential amendments: general
350

      (5)
In subsection (5) for paragraphs (a) to (d) substitute—
“(a)
in the case of a marriage between a person and the parent of
a former spouse of that person, after the death of both the
former spouse and the former spouse’s other parent;
(b)
in the case of a marriage between a person and the parent of
5
a former civil partner of that person, after the death of both
the former civil partner and the former civil partner’s other
parent;
(c)
in the case of a marriage between a person and the former
spouse of a child of that person, after the death of both the
10
child and the child’s other parent;
(d)
in the case of a marriage between a person and the former
civil partner of a child of that person, after the death of both
the child and the child’s other parent.”
      (6)
Omit subsections (6) to (8).
15
7
In section 78(1) (interpretation), in the definition of “child”, after ““child””
insert “, except where used to express a relationship,”.
8
For Schedule 1 (kindred and affinity) substitute—
“Schedule 1
Kindred and affinity
20
Part 1
Prohibited degrees: kindred
1     (1)
The list referred to in section 1(1) is—

Adoptive child

Adoptive parent

25

Child

Former adoptive child

Former adoptive parent

Grandparent

Grandchild

30

Parent

Parent’s sibling

Sibling

Sibling’s child

      (2)
In the list “sibling” means a brother, sister, half-brother or half-
35
sister.

Civil Partnership Bill [HL]
Schedule 27 — Minor and consequential amendments: general
351

Part 2
Degrees of affinity referred to in section 1(2) and (3)
2
The list referred to in section 1(2) is as follows—

Child of former civil partner

Child of former spouse

5

Former civil partner of grandparent

Former civil partner of parent

Former spouse of grandparent

Former spouse of parent

Grandchild of former civil partner

10

Grandchild of former spouse

Part 3
Degrees of affinity referred to in section 1(4) and (5)
3
The list referred to in section 1(4) is as follows—

Parent of former spouse

15

Parent of former civil partner

Former spouse of child

Former civil partner of child.”

Maintenance Orders Act 1950 (c. 37)
9
In section 16(2)(a) (orders made or deemed to be made in England and Wales
20
which may be registered for enforcement in Scotland or Northern Ireland),
after sub-paragraph (viii) insert—
“(ix)
Part 1, 7 or 8 of Schedule 6 to the Civil Partnership Act
2004, Schedule 7 to that Act or paragraph 5 or 9 of
Schedule 8 to that Act;”.
25
Births and Deaths Registration Act 1953 (c. 20)
10
In section 41 (interpretation), in the definition of “relative”, after “by
marriage” insert “or civil partnership”.
Pharmacy Act 1954 (c. 61)
11
In section 17(c) (benevolent fund: distressed relatives eligible for relief), for
30
“widows,” substitute “surviving spouses, surviving civil partners,”.

Civil Partnership Bill [HL]
Schedule 27 — Minor and consequential amendments: general
352

Registration of Births, Deaths and Marriages (Special Provisions) Act 1957 (c. 58)
12
In section 1 (records of deaths, births and marriages among armed forces
and service civilians and their families overseas), in subsection (1), for “and
marriages solemnised,” substitute “marriages solemnised and civil
partnerships formed,”.
5
Maintenance Orders Act 1958 (c. 39)
13    (1)
Amend section 4 (variation of orders registered in magistrates’ courts) as
follows.
      (2)
In each of subsections (5A) and (5B) (application of section 60(4) to (11) of the
Magistrates’ Courts Act 1980), for “and section 15(2) of the Children Act
10
1989” substitute “, section 15(2) of the Children Act 1989 and paragraph 42
of Schedule 7 to the Civil Partnership Act 2004”.
      (3)
In subsection (6B) (no application may be made for variation under the Act
of certain registered orders), after “1984” insert “or under Schedule 8 to the
Civil Partnership Act 2004”.
15
Employers’ Liability (Compulsory Insurance) Act 1969 (c. 57)
14
In section 2(2)(a) (persons whom employer is not required to insure) after
“husband, wife,” insert “civil partner,”.
Administration of Justice Act 1970 (c. 31)
15
In Schedule 8 (meaning of “maintenance order” in Part 2 of the Act and in
20
the Maintenance Orders Act 1958), after paragraph 14 insert—
“15.
An order for periodical or other payments made under Schedule
6, 7 or 8 to the Civil Partnership Act 2004.”
Immigration Act 1971 (c. 77)
16
In section 5(4) (members of another’s family for purposes of deportation)—
25
(a)
in paragraph (a), after “his wife” insert “or civil partner,” and
(b)
in paragraph (b), after “her husband” insert “or civil partner,”.
Matrimonial Causes Act 1973 (c. 18)
17
In section 11 (grounds on which marriage is void), at the end of paragraph
(b) insert “or a civil partner”.
30
18    (1)
Amend section 14 (marriages governed by foreign law or celebrated abroad
under English law) as follows.
      (2)
In subsection (1), at the beginning insert “Subject to subsection (3)”.
      (3)
After subsection (2) insert—
“(3)
No marriage is to be treated as valid by virtue of subsection (1) if, at
35
the time when it purports to have been celebrated, either party was
already a civil partner.”
19
In section 24A (orders for sale of property), in subsection (5), after “re-
marriage of” insert “, or formation of a civil partnership by,”.

Civil Partnership Bill [HL]
Schedule 27 — Minor and consequential amendments: general
353

20    (1)
Amend section 28 (duration of continuing financial provision orders in
favour of party to marriage, and effect of remarriage) as follows.
      (2)
In subsection (1)(a) and (b) after “remarriage of” insert “, or formation of a
civil partnership by,”.
      (3)
In subsection (2)—
5
(a)
after “remarriage of” insert “, or formation of a civil partnership by,”,
and
(b)
after “the remarriage” insert “or formation of the civil partnership”.
      (4)
In subsection (3), after “remarries whether at any time before or after the
commencement of this Act”, insert “or forms a civil partnership”.
10
      (5)
In the heading to section 28, after “remarriage” insert “or formation of civil
partnership”.
21
In section 35 (alteration of agreements by court during lives of parties), in
subsection (4)(a) and (b), after “remarriage of” insert “, or formation of a civil
partnership by,”.
15
22    (1)
Amend section 38 (orders for repayment in certain cases of sums paid after
cessation of order by reason of remarriage) as follows.
      (2)
In subsection (1)—
(a)
in paragraph (a), after “remarriage of”, insert “, or formation of a civil
partnership by,”, and
20
(b)
in paragraph (b), after “remarriage” insert “or formation of the civil
partnership”.
      (3)
In subsection (6)—
(a)
in paragraph (a), after “remarriage of” insert “, or formation of a civil
partnership by,” and
25
(b)
in the words following paragraph (b), after “had remarried” insert
“or formed a civil partnership”.
      (4)
In the heading to section 38, after “remarriage” insert “or formation of civil
partnership”.
23
In section 52 (interpretation), after subsection (3), insert —
30
“(3A)
References in this Act to the formation of a civil partnership by a
person include references to a civil partnership which is by law void
or voidable.”
Consumer Credit Act 1974 (c. 39)
24    (1)
Amend section 184 (associates) as follows.
35
      (2)
For subsection (1) substitute—
“(1)
A person is an associate of an individual if that person is—
(a)
the individual’s husband or wife or civil partner,
(b)
a relative of—
(i)
the individual, or
40
(ii)
the individual’s husband or wife or civil partner, or
(c)
the husband or wife or civil partner of a relative of—
(i)
the individual, or
(ii)
the individual’s husband or wife or civil partner.”

Civil Partnership Bill [HL]
Schedule 27 — Minor and consequential amendments: general
354

      (3)
In subsection (2), after “husband or wife” insert “or civil partner”.
      (4)
In subsection (5)—
(a)
omit the word “and” immediately before “references”,
(b)
for “or wife;” substitute “or wife, and references to a civil partner
include a former civil partner;”, and
5
(c)
for “had been a child born to him in wedlock” substitute “were the
legitimate child of the relationship in question”.
Sex Discrimination Act 1975 (c. 65)
25
In section 82(5) (general interpretation: meaning of “near relative”)
(a)
after “wife or husband” (in both places) insert “or civil partner”, and
10
(b)
for “by affinity)” substitute “by marriage or civil partnership)”.
Race Relations Act 1976 (c. 74)
26
In section 78(5) (general interpretation: meaning of “near relative”)—
(a)
after “wife or husband” (in both places) insert “or civil partner”, and
(b)
for “by affinity)” substitute “by marriage or civil partnership)”.
15
Domestic Proceedings and Magistrates’ Courts Act 1978 (c. 22)
27
In section 4 (duration of orders for financial provision for a party to a
marriage), in subsection (2)—
(a)
after “remarriage of” insert “, or formation of a civil partnership by,”,
and
20
(b)
after “the remarriage” insert “or formation of the civil partnership”.
28    (1)
Amend section 35 (orders for repayment in certain cases of sums paid after
cessation of order by reason of remarriage) as follows.
      (2)
In subsection (1)—
(a)
in paragraph (a), after “remarriage of” insert “, or formation of a civil
25
partnership by,”, and
(b)
in paragraph (b), after “that remarriage” insert “or the formation of
that civil partnership”.
      (3)
In subsection (7)—
(a)
in paragraph (a), after “remarriage of” insert “, or formation of a civil
30
partnership by,”, and
(b)
in the words following paragraph (b)—
(i)
after “the remarriage” insert “or the formation of that civil
partnership”, and
(ii)
after “had remarried” insert “or formed a civil partnership”.
35
      (4)
In the heading to section 35, after “remarriage” insert “or formation of civil
partnership”.
Interpretation Act 1978 (c. 30)
29
At the appropriate place in Schedule 1 (words and expressions defined)

Civil Partnership Bill [HL]
Schedule 27 — Minor and consequential amendments: general
355

insert—

““Civil partnership” means a civil partnership which exists under or by
virtue of the Civil Partnership Act 2004 (and any reference to a
civil partner is to be read accordingly).”
Credit Unions Act 1979 (c. 34)
5
30    (1)
Amend section 31(1) (interpretation) as follows.
      (2)
After the definition of “charitable” insert—

““civil partner” includes former civil partner;”.
      (3)
In the definition of “relative”—
(a)
in paragraphs (a), (b) and (c), after “spouse” insert “or civil partner”,
10
and
(b)
in the words following paragraph (c), for “a child born in wedlock”
substitute “the legitimate child of the relationship in question”.
Estate Agents Act 1979 (c. 38)
31    (1)
Amend section 32 (associates) as follows.
15
      (2)
In subsection (2), after “spouse” insert “or civil partner”.
      (3)
In subsection (3)—
(a)
omit the word “and” immediately before “references”,
(b)
for “reputed spouse;” substitute “reputed spouse, and references to a
civil partner include a former civil partner;”, and
20
(c)
for “had been a child born to him in wedlock” substitute “were the
legitimate child of the relationship in question”.
Supreme Court Act 1981 (c. 54)
32
In section 18(1) (restrictions on appeals to Court of Appeal), before
paragraph (g) insert—
25
“(fa)
from a dissolution order, nullity order or presumption of
death order under Chapter 2 of Part 2 of the Civil Partnership
Act 2004 that has been made final, by a party who, having
had time and opportunity to appeal from the conditional
order on which that final order was founded, has not
30
appealed from the conditional order;”.
33
In paragraph 3 of Schedule 1 (business assigned to Family Division of High
Court), after paragraph (a) insert—
“(aa)
all civil partnership causes and matters (whether at first
instance or on appeal);”.
35
British Nationality Act 1981 (c. 61)
34
In section 3(6)(a) (registration as British citizen of minor whose parents’
marriage has terminated etc.), after “marriage” insert “or civil partnership”.
35
In section 6(2) (naturalisation of person married to British citizen), after “is
married to a British citizen” insert “or is the civil partner of a British citizen”.
40