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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”.

 

 

 
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