|
| |
|
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 |
| |
| |
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 |
| |
| |
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) |
| |
| 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 |
| |
| |
| 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 |
| |
| 40 |
|
| |
|
| |
|
(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 |
| |
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 |
| |
| |
(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 |
| |
| |
(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— |
| |
| |
(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 matters under Schedule 8 to the Civil Partnership |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
(3) | Nothing in this section shall affect the jurisdiction of a magistrates’ |
| |
court under paragraphs 61 to 63 of Schedule 6 to the Civil |
| |
| |
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 |
| |
|
| |
|
| |
|
| |
“(3) | Proceedings transferred under this section shall be transferred to |
| |
such county court as the High Court directs, subject to subsections |
| |
| |
(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 |
| |
| |
| 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 |
| |
| |
(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 |
| |
| 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 |
| |
(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 |
| |
|
| |
|
| |
|
(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 |
| |
| |
(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 |
| |
| |
|
| |
|
| |
|
(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 |
| |
| |
| |
(a) | in paragraph (a), after “wife or husband” insert “or civil partner”, |
| |
| 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 |
| |
| 15 |
(2) | In subsections (1)(a) and (2)(a), after “wife or husband” insert “or civil |
| |
| |
| |
(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 |
| |
57 | In section 430E (associates), in subsection (8) after “spouse” insert “or civil |
| |
| |
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, |
| |
| |
| 35 |
(ii) | the individual’s husband or wife or civil partner, or |
| |
(c) | the husband or wife or civil partner of a relative of— |
| |
| |
(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 |
| |
| |
|
| |
|
| |
|
Building Societies Act 1986 (c. 53) |
| |
59 | In section 70 (interpretation), in— |
| |
(a) | subsection (2)(a) and (c), and |
| |
| |
| 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 |
| |
| |
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 |
| |
| |
(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 |
| |
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 |
| |
| 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 |
| |
| |
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”. |
| |
|
| |
|