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 27 — Minor and consequential amendments: general
356

36
In section 10(2)(b) (registration as British citizen after pre-1983 renunciation
of citizenship), after “has been married to” insert “, or has been the civil
partner of,”.
37
In section 12(5) (renunciation: persons who have married deemed of full
age), after “has been married” insert “, or has formed a civil partnership,”.
5
38
In section 17(6)(a) (registration as British overseas territories citizen of minor
whose parents’ marriage has terminated etc.), after “marriage” insert “or
civil partnership”.
39
In section 18(2) (naturalisation of person married to a British overseas
territories citizen), after “is married to such a citizen” insert “or is the civil
10
partner of such a citizen”.
40
In section 22(2)(b) (naturalisation as British overseas territories citizen after
pre-1983 renunciation of citizenship), after “has been married to” insert “, or
has been the civil partner of,”.
41    (1)
Amend paragraphs 4(d) and 8(d) of Schedule 1 (requirements for
15
naturalisation under sections 6(2) and 18(2)) as follows.
      (2)
In the paragraph (f) set out in each of those provisions, after “to whom the
applicant is married” insert “, or of whom the applicant is the civil partner,”.
Mental Health Act 1983 (c. 20)
42
In—
20
(a)
section 12 (general provisions as to medical recommendations), in
subsection (5), in the words following paragraph (e), and
(b)
section 25C (supervision applications: supplementary), in subsection
(10),

after “husband, wife” insert “, civil partner”.
25
Mobile Homes Act 1983 (c. 34)
43
In section 3(3) (succession to agreements to which Act applies), for “or
widower” (in each place) substitute “, widower or surviving civil partner”.
44
In section 5(3) (meaning of “member of another’s family”)—
(a)
after “spouse,” insert “civil partner,”
30
(b)
in paragraph (a), after “marriage” insert “or civil partnership”, and
(c)
in the words after paragraph (b), after “as husband and wife” insert
“or as if they were civil partners”.
Dentists Act 1984 (c. 24)
45
In section 41(4) (family or representatives may carry on deceased dentist’s
35
business for three years), for “his widow” (in each place) substitute “his
surviving spouse or his surviving civil partner”.
Matrimonial and Family Proceedings Act 1984 (c. 42)
46    (1)
Amend section 12 (applications for financial relief after overseas divorce
etc.) as follows.
40

Civil Partnership Bill [HL]
Schedule 27 — Minor and consequential amendments: general
357

      (2)
In subsection (2) (no application may be made after remarriage), for
“remarries” substitute “forms a subsequent marriage or civil partnership,”.
      (3)
For subsection (3) substitute—
“(3)
The reference in subsection (2) above to the forming of a subsequent
marriage or civil partnership includes a reference to the forming of a
5
marriage or civil partnership which is by law void or voidable.”
47
In section 32 (meaning of “family business” etc.), after the definition of
“family proceedings” insert—

““civil partnership cause” means an action for the dissolution or
annulment of a civil partnership or for the legal separation of civil
10
partners;”.
48
After section 36 insert—
“Jurisdiction of county courts in civil partnership causes and matters
36A
Jurisdiction of county courts in civil partnership causes
(1)
The Lord Chancellor may by order—
15
(a)
designate any county court as a civil partnership proceedings
county court, and
(b)
designate, as a court of trial, any county court designated as
a civil partnership proceedings county court.
(2)
In this Part of this Act “civil partnership proceedings county court”
20
means a county court designated under subsection (1)(a) above.
(3)
A civil partnership proceedings county court shall have jurisdiction
to hear and determine any civil partnership cause, subject to
subsection (4) below.
(4)
A civil partnership proceedings county court shall have jurisdiction
25
to try a civil partnership cause only if it is designated under
subsection (1)(b) above as a court of trial.
(5)
The jurisdiction conferred by this section on a civil partnership
proceedings county court shall be exercisable throughout England
and Wales, but rules of court may provide for a civil partnership
30
cause pending in one such court to be heard and determined—
(a)
partly in that court and partly in another such court, or
(b)
in another such court.
(6)
Every civil partnership cause shall be commenced in a civil
partnership proceedings county court.
35
(7)
Every civil partnership cause shall be heard and determined in a civil
partnership proceedings county court unless, or except to the extent,
it is transferred to the High Court under—
(a)
section 39 below, or
(b)
section 41 of the County Court Act 1984 (transfer to High
40
Court by order of High Court).
(8)
The Lord Chancellor may by order designate a civil partnership
proceedings county court as a court for the exercise of jurisdiction in

Civil Partnership Bill [HL]
Schedule 27 — Minor and consequential amendments: general
358

civil partnership matters under Schedule 8 to the Civil Partnership
Act 2004.
(9)
The power to make an order under subsection (1) or (8) above shall
be exercisable by statutory instrument.
36B
Jurisdiction of civil partnership proceedings county courts as respects
5
financial relief and protection of children
(1)
Subject to subsection (2) below, a civil partnership proceedings
county court shall have the following jurisdiction—
(a)
a jurisdiction to exercise any power exercisable under—
(i)
section 63 of the Civil Partnership Act
10
2004 (restrictions on making of orders affecting
children), or
(ii)
Schedule 6 to that Act (financial relief in the courts),
other than Part 11 (arrears and repayments) and
paragraph 65 (alteration of maintenance agreements
15
by court after death of one party),

in connection with any application or order pending in, or
made by, a civil partnership proceedings county court;
(b)
a jurisdiction to exercise any power exercisable under—
(i)
Part 8 of that Schedule (failure to maintain: financial
20
provision (and interim orders)), or
(ii)
paragraphs 61 to 63 of that Schedule (alteration of
maintenance agreements by court during lives of
parties);
(c)
if designated under section 36A(8) above, jurisdiction to
25
exercise any power under Schedule 8 to that Act.
(2)
Any proceedings for the exercise of a power which a civil
partnership proceedings county court has jurisdiction to exercise by
virtue of subsection (1) above shall be commenced in such civil
partnership proceedings county court as may be prescribed by rules
30
of court.
(3)
Nothing in this section shall affect the jurisdiction of a magistrates’
court under paragraphs 61 to 63 of Schedule 6 to the Civil
Partnership Act 2004.
36C
Consideration of agreements or arrangements
35
Where rules of court make provision for the purposes of section 43 of
the Civil Partnership Act 2004 with respect to any power exercisable
by the court on an application made under that section before an
application is made for a dissolution or separation order, the rules
shall confer jurisdiction to exercise the power on civil partnership
40
proceedings county courts.
36D
Assignment of circuit judges to civil partnership proceedings
The jurisdiction conferred by the preceding provisions of this Part of
this Act on civil partnership proceedings county courts, so far as it
exercisable by judges of such courts, shall be exercised by such
45
Circuit judges as the Lord Chancellor may direct.”
49
For section 38(3) (transfer of family proceedings from High Court to county

Civil Partnership Bill [HL]
Schedule 27 — Minor and consequential amendments: general
359

court) substitute—
“(3)
Proceedings transferred under this section shall be transferred to
such county court as the High Court directs, subject to subsections
(3A) and (3B) below.
(3A)
Where a matrimonial cause or matter within the jurisdiction of a
5
divorce county court only is transferred under this section, it shall be
transferred to such divorce county court as the High Court directs.
(3B)
Where a civil partnership cause or matter within the jurisdiction of a
civil partnership proceedings county court only is transferred under
this section, it shall be transferred to such civil partnership
10
proceedings county court as the High Court directs.”
50
In section 39(2) (family proceedings transferable to the High Court), for “or
divorce county court” (in each place) substitute “, divorce county court or
civil partnership proceedings county court”.
51
In section 40(4)(b) (enforcement in High Court of orders of divorce county
15
court), after “a divorce county court” insert “or a civil partnership
proceedings county court”.
52    (1)
Amend section 42 (county court proceedings in principal registry of Family
Division) as follows.
      (2)
In subsection (1)—
20
(a)
after “Sections 33 to 35” insert “and 36A to 36C”,
(b)
after “section 34(2)” insert “or 36B(2)”, and
(c)
after “divorce county court” insert “or civil partnership proceedings
county court”.
      (3)
After that subsection insert—
25
“(1A)
Subsection (2) below applies to—
(a)
the jurisdiction in matrimonial causes or matters conferred
by sections 33, 34 and 35 above on divorce county courts, and
(b)
the jurisdiction in civil partnership causes or matters
conferred by sections 36A, 36B and 36C above on civil
30
partnership proceedings county courts.”
      (4)
In subsection (2), for the words from the beginning to “on divorce county
courts” substitute “A jurisdiction to which this subsection applies”.
      (5)
For the words in subsection (2) after paragraph (b) substitute the following
new subsection—
35
“(2A)
Rules of court may make provision—
(a)
for treating, for any purposes specified in the rules,
matrimonial causes and matters pending in the registry with
respect to which the jurisdiction mentioned in subsection
(1A)(a) above is exercisable as pending in a divorce county
40
court,
(b)
for treating, for any purposes specified in the rules, civil
partnership causes and matters pending in the registry with
respect to which the jurisdiction mentioned in subsection
(1A)(b) above is exercisable as pending in a civil partnership
45
proceedings county court, and

Civil Partnership Bill [HL]
Schedule 27 — Minor and consequential amendments: general
360

(c)
for the application of section 74(3) of the Solicitors Act 1974
(costs) with respect to proceedings treated as mentioned in
paragraph (a) or (b) above.”
      (6)
In subsection (3), for “subsection (2)” substitute “subsection (2A)”.
      (7)
After subsection (3) insert—
5
“(3A)
Where, by virtue of rules under subsection (2A) above, a civil
partnership cause or matter is pending in the registry as in a civil
partnership proceedings county court, any ancillary or related
proceedings which could be taken in a civil partnership proceedings
county court and which are not of a description excluded by the rules
10
from the operation of this subsection may be taken and dealt with in
the registry as in a civil partnership proceedings county court.”
      (8)
After subsection (4) insert—
“(4ZA)
The principal registry shall be treated as a civil partnership
proceedings county court—
15
(a)
for the purposes of any provision to be made by rules of court
under section 36A(5) above;
(b)
for the purpose of any provision to be made under section
36B(2) above prescribing the county court in which any
proceedings are to be commenced; and
20
(c)
for the purpose of any transfer of family proceedings under
section 38 or 39 above between the High Court and a civil
partnership proceedings county court.”
      (9)
In subsection (4A), after “in any matrimonial cause or matter” insert “, or in
any civil partnership cause or matter,”.
25
     (10)
In subsection (5), for paragraphs (a) and (b) substitute—
“(a)
as regards service of process—
(i)
as if proceedings commenced in the principal registry
in a matrimonial cause or matter had been
commenced in a divorce county court, and
30
(ii)
as if proceedings commenced in that registry in a civil
partnership cause or matter had been commenced in
a civil partnership proceedings county court; and
(b)
as regards enforcement of orders—
(i)
as if orders made in that registry in the exercise of the
35
family jurisdiction conferred by sections 33, 34 and 35
above on divorce county courts were orders made by
such a court, and
(ii)
as if orders made in that registry in the exercise of the
family jurisdiction conferred by sections 36A, 36B and
40
36C above on civil partnership proceedings county
courts were orders made by such a court.”
     (11)
After that subsection insert—
“(5A)
For the purposes of subsection (3A) above, proceedings—
(a)
are “ancillary” to a civil partnership cause if they are
45
connected with the cause, and
(b)
are “related” to a civil partnership cause if they are for
protecting or otherwise relate to any rights, or the exercise of
any rights, of—

Civil Partnership Bill [HL]
Schedule 27 — Minor and consequential amendments: general
361

(i)
the civil partners as civil partners, or
(ii)
any children of the family.”
Companies Act 1985 (c. 6)
53
In section 203 (notification of family and corporate interests), in subsection
(1), after “spouse” insert “or civil partner”.
5
54    (1)
Amend section 327 (extension of section 323 to spouses and children) as
follows.
      (2)
In subsection (1)—
(a)
in paragraph (a), after “wife or husband” insert “or civil partner”,
and
10
(b)
in the words following paragraph (b), after “as the case may be,”
insert “civil partner or”.
      (3)
In the heading to section 327, after “spouses” insert “, civil partners”.
55    (1)
Amend section 328 (extension of section 324 to spouses and children) as
follows.
15
      (2)
In subsections (1)(a) and (2)(a), after “wife or husband” insert “or civil
partner”.
      (3)
In subsection (3)—
(a)
in paragraph (a), after “spouse” insert “or civil partner”, and
(b)
in paragraph (b), after “spouse” insert “or civil partner” and after
20
“wife, husband,” insert “civil partner,”.
      (4)
In the heading to section 328, after “spouses” insert “, civil partners”.
56
In section 346 (connected persons) in subsection (2)—
(a)
in paragraph (a), after “spouse,” insert “civil partner,”,
(b)
in paragraph (c) after “spouse” (in both places) insert “or civil
25
partner”.
57
In section 430E (associates), in subsection (8) after “spouse” insert “or civil
partner”.
Insolvency Act 1986 (c. 45)
58    (1)
Amend section 435 (meaning of “associate”) as follows.
30
      (2)
For subsection (2) substitute—
“(2)
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
35
(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.”
      (3)
In subsection (3), after “husband or wife” insert “or civil partner”.
40
      (4)
In subsection (8), at the end insert “and references to a civil partner include
a former civil partner”.

Civil Partnership Bill [HL]
Schedule 27 — Minor and consequential amendments: general
362

Building Societies Act 1986 (c. 53)
59
In section 70 (interpretation), in—
(a)
subsection (2)(a) and (c), and
(b)
subsection (4),

after “spouse” (in each place) insert “or civil partner”.
5
Family Law Act 1986 (c. 55)
60
In section 50 (non-recognition of divorce or annulment in another
jurisdiction no bar to remarriage), for the words from “re-marrying” to the
end substitute “forming a subsequent marriage or civil partnership in that
part of the United Kingdom or cause the subsequent marriage or civil
10
partnership of either party (wherever it takes place) to be treated as invalid
in that part.”
Companies Act 1989 (c. 40)
61
In section 52 (meaning of “associate”), in subsection (2)(a) after “spouse”
insert “or civil partner”.
15
Opticians Act 1989 (c. 44)
62
In section 29(1) (family or representatives may use deceased optician’s title
for three years), in paragraphs (b) and (d), for “his widow” substitute “his
surviving spouse or his surviving civil partner”.
Broadcasting Act 1990 (c. 42)
20
63
In paragraph 1(2) of Part 1 of Schedule 2 (restrictions on the holding of
licences)—
(a)
in paragraphs (a) and (d), after “husband or wife” (in each place)
insert “or civil partner”, and
(b)
at the end insert “and references to a civil partner shall include a
25
former civil partner”.
Local Government Finance Act 1992 (c. 14)
64    (1)
In section 9(1)(a) (joint and several liability for council tax of married couple
resident in same dwelling), after “is married to” insert “, or is the civil
partner of,”.
30
      (2)
In section 18(1)(b) (power to make regulations to deal with death of a person
liable for council tax as a spouse under section 9), after “spouse” insert “or
civil partner”.
Friendly Societies Act 1992 (c. 40)
65
In section 77 (information on appointed actuary to be annexed to balance
35
sheet), in subsection (3)(a), after “spouse” insert “or civil partner”.
66
In section 119A (meaning of “associate”), in subsection (1)(a), after “wife or
husband” insert “or civil partner”.