|
| |
|
Charities Act 1993 (c. 10) |
| |
67 | In Schedule 5 (meaning of “connected person” for purposes of section 36(2)) |
| |
in paragraph 1(e) after “spouse” insert “or civil partner”. |
| |
Pension Schemes Act 1993 (c. 48) |
| |
68 | In section 101E(1)(b) after “or widower” insert “or surviving civil partner”. |
| 5 |
Pension Schemes (Northern Ireland) Act 1993 (c. 49) |
| |
69 | In section 97E(1)(b) after “or widower” insert “or surviving civil partner”. |
| |
Disability Discrimination Act 1995 (c. 50) |
| |
70 | In section 23 (exemption for small dwellings), in subsection (7), in the |
| |
definition of “near relative”— |
| 10 |
(a) | after “spouse” insert “or civil partner”, and |
| |
(b) | for “by affinity)” substitute “by marriage or civil partnership)”. |
| |
Trusts of Land and Appointment of Trustees Act 1996 (c. 47) |
| |
71 | In paragraph 3 of Schedule 1 (family charges), after “in consideration of |
| |
marriage” insert “or the formation of a civil partnership”. |
| 15 |
Welfare Reform and Pensions Act 1999 (c. 30) |
| |
72 (1) | Amend section 23 (supply of pension information in connection with |
| |
divorce etc.) as follows. |
| |
(2) | After subsection (1)(a)(i) insert— |
| |
“(ia) | financial relief under Schedule 6 or 8 to the Civil |
| 20 |
Partnership Act 2004 (England and Wales powers in |
| |
relation to domestic and overseas dissolution of civil |
| |
| |
(3) | In subsection (1)(a)(ii)— |
| |
(a) | after “1984” insert “or Schedule 12 to the 2004 Act”, and |
| 25 |
(b) | at the end, omit “or”. |
| |
(4) | In subsection (1)(a)(iii) for “(corresponding Northern Ireland powers);” |
| |
substitute “(Northern Ireland powers corresponding to those mentioned in |
| |
| |
(iv) | financial relief under Schedule 16 or 18 to the 2004 Act |
| 30 |
(Northern Ireland powers corresponding to those |
| |
mentioned in sub-paragraph (ia));”. |
| |
(5) | In subsection (1)(b), for “or (iii)” substitute “(ia), (iii) or (iv)”. |
| |
73 (1) | Amend section 24 (charges by pension arrangements in relation to |
| |
earmarking orders) as follows. |
| 35 |
(2) | After paragraph (a) insert— |
| |
“(aa) | an order under Part 1 of Schedule 6 to the Civil Partnership |
| |
Act 2004 (financial provision orders in connection with |
| |
dissolution of civil partnerships etc.) so far as it includes |
| |
|
| |
|
| |
|
provision made by virtue of Part 6 of that Schedule (powers |
| |
to include provision about pensions),”. |
| |
(3) | At the end of paragraph (b) omit “or” and after paragraph (c) insert “, or |
| |
(d) | an order under Part 1 of Schedule 16 to the 2004 Act so far as |
| |
it includes provision made by virtue of Part 5 of that Schedule |
| 5 |
(Northern Ireland powers corresponding to those mentioned |
| |
| |
74 (1) | Amend section 28 (activation of pension sharing) as follows. |
| |
(2) | After subsection (1)(a) insert— |
| |
“(aa) | a pension sharing order under Schedule 6 to the Civil |
| 10 |
| |
(3) | After subsection (1)(d) insert— |
| |
“(da) | an order under Schedule 8 to the 2004 Act (financial relief in |
| |
England and Wales after overseas dissolution etc. of a civil |
| |
partnership) corresponding to such an order as is mentioned |
| 15 |
| |
(4) | In subsection (1)(f)— |
| |
(a) | at the end of sub-paragraph (i) insert “or between persons who are |
| |
civil partners of each other”, and |
| |
(b) | at the end of sub-paragraph (iii) insert “or (as the case may be) on the |
| 20 |
grant, in relation to the civil partnership, of decree of dissolution or |
| |
of declarator of nullity”. |
| |
(5) | In subsection (1)(g), after “divorce etc.)” insert “or under Schedule 12 to the |
| |
2004 Act (financial provision in Scotland after overseas proceedings)”. |
| |
(6) | In subsection (1)(h) for “Northern Ireland legislation, and” substitute “the |
| 25 |
Matrimonial Causes (Northern Ireland) Order 1978 (S.I. 1978/1045 (N.I. |
| |
| |
(7) | After subsection (1)(i) insert— |
| |
“(j) | a pension sharing order under Schedule 16 to the 2004 Act, |
| |
| 30 |
(k) | an order under Schedule 18 to the 2004 Act (financial relief in |
| |
Northern Ireland after overseas dissolution etc. of a civil |
| |
partnership) corresponding to such an order as is mentioned |
| |
| |
(8) | In subsection (7)(a), omit “matrimonial”. |
| 35 |
| |
(a) | in paragraph (a), after “divorce” insert “, dissolution”, and |
| |
(b) | at the end of paragraph (b) insert “or, where the order is under |
| |
Schedule 12 to the 2004 Act, the date of disposal of the application |
| |
under paragraph 2 of that Schedule”. |
| 40 |
| |
(a) | omit “matrimonial”, and |
| |
(b) | in paragraphs (a) and (b)(i), after “divorce” insert “, dissolution”. |
| |
75 (1) | Amend section 34 (“implementation period”) as follows. |
| |
(2) | In subsection (1)(b)(i), omit “matrimonial”. |
| 45 |
| |
(a) | omit “matrimonial”, and |
| |
|
| |
|
| |
|
(b) | in paragraph (b), after “divorce” insert “, dissolution”. |
| |
76 (1) | Amend section 48 (activation of benefit sharing) as follows. |
| |
(2) | After subsection (1)(a) insert— |
| |
“(aa) | a pension sharing order under Schedule 6 to the Civil |
| |
| 5 |
(3) | After subsection (1)(d) insert— |
| |
“(da) | an order under Schedule 8 to the 2004 Act (financial relief in |
| |
England and Wales after overseas dissolution etc. of a civil |
| |
partnership) corresponding to such an order as is mentioned |
| |
| 10 |
(4) | In subsection (1)(f)— |
| |
(a) | at the end of sub-paragraph (i) insert “or between persons who are |
| |
civil partners of each other”, and |
| |
(b) | at the end of sub-paragraph (iii) insert “or (as the case may be) on the |
| |
grant, in relation to the civil partnership, of decree of dissolution or |
| 15 |
of declarator of nullity”. |
| |
(5) | In subsection (1)(g), after “divorce etc.)” insert “or under Schedule 12 to the |
| |
2004 Act (financial provision in Scotland after overseas proceedings)”. |
| |
(6) | In subsection (1)(h) for “Northern Ireland legislation, and” substitute “the |
| |
Matrimonial Causes (Northern Ireland) Order 1978 (S.I. 1978/1045 (N.I. |
| 20 |
| |
(7) | After subsection (1)(i) insert— |
| |
“(j) | a pension sharing order under Schedule 16 to the 2004 Act, |
| |
| |
(k) | an order under Schedule 18 to the 2004 Act (financial relief in |
| 25 |
Northern Ireland after overseas dissolution etc. of a civil |
| |
partnership) corresponding to such an order as is mentioned |
| |
| |
(8) | In subsection (6)(a), omit “matrimonial”. |
| |
| 30 |
(a) | in paragraph (a), after “divorce” insert “, dissolution”, and |
| |
(b) | at the end of paragraph (b) insert “or, where the order is under |
| |
Schedule 12 to the 2004 Act, the date of disposal of the application |
| |
under paragraph 2 of that Schedule”. |
| |
| 35 |
(a) | omit “matrimonial”, and |
| |
(b) | in paragraphs (a) and (b)(i), after “divorce” insert “, dissolution”. |
| |
Immigration and Asylum Act 1999 (c. 33) |
| |
77 | After section 24 insert— |
| |
“24A | Duty to report suspicious civil partnerships |
| 40 |
(1) | Subsection (3) applies if— |
| |
(a) | a registration authority to whom a notice of proposed civil |
| |
partnership has been given under section 9 of the Civil |
| |
| |
(b) | any person who, under section 9 of the 2004 Act, has attested |
| 45 |
a declaration accompanying such a notice, |
| |
|
| |
|
| |
|
(c) | a district registrar to whom a notice of proposed civil |
| |
partnership has been given under section 86 of the 2004 Act, |
| |
| |
(d) | a registrar to whom a civil partnership notice has been given |
| |
under section 135 of the 2004 Act, |
| 5 |
| has reasonable grounds for suspecting that the civil partnership will |
| |
be a sham civil partnership. |
| |
(2) | Subsection (3) also applies if— |
| |
(a) | two people register as civil partners of each other under Part |
| |
2, 3 or 4 of the 2004 Act in the presence of the registrar, and |
| 10 |
(b) | before, during or immediately after they do so, the registrar |
| |
has reasonable grounds for suspecting that the civil |
| |
partnership will be, or is, a sham civil partnership. |
| |
(3) | The person concerned must report his suspicion to the Secretary of |
| |
State without delay and in such form and manner as may be |
| 15 |
prescribed by regulations. |
| |
(4) | The regulations are to be made— |
| |
(a) | in relation to England and Wales, by the Registrar General for |
| |
England and Wales with the approval of the Chancellor of |
| |
| 20 |
(b) | in relation to Scotland, by the Secretary of State after |
| |
consulting the Registrar General of Births, Deaths and |
| |
| |
(c) | in relation to Northern Ireland, by the Secretary of State after |
| |
consulting the Registrar General in Northern Ireland. |
| 25 |
(5) | “Sham civil partnership” means a civil partnership (whether or not |
| |
| |
(a) | formed between a person (“A”) who is neither a British |
| |
citizen nor a national of an EEA State other than the United |
| |
Kingdom and another person (whether or not such a citizen |
| 30 |
| |
(b) | formed by A for the purpose of avoiding the effect of one or |
| |
more provisions of United Kingdom immigration law or the |
| |
| |
(6) | “The registrar” means— |
| 35 |
(a) | in relation to England and Wales, the civil partnership |
| |
registrar acting under Part 2 of the 2004 Act; |
| |
(b) | in relation to Scotland, the authorised registrar acting under |
| |
| |
(c) | in relation to Northern Ireland, the registrar acting under |
| 40 |
| |
78 | In section 166 (regulations and orders), in subsection (6)(b) after “24(3)” |
| |
| |
Financial Services and Markets Act 2000 (c. 8) |
| |
79 | In section 422 (controller), in subsection (4)(a), after “spouse” insert “or civil |
| 45 |
| |
|
| |
|
| |
|
80 | In Schedule 11 (offers of securities), in paragraph 16(2), after “wife, husband, |
| |
widow, widower” insert “, civil partner, surviving civil partner,”. |
| |
Enterprise Act 2002 (c. 40) |
| |
81 | In section 127 (associated persons), in subsections (4)(a) and (c) and (6), after |
| |
“spouse” (in each place) insert “, civil partner”. |
| 5 |
Local Government Act 2003 (c. 26) |
| |
82 | In paragraph 2(1)(a) of Schedule 4 (spouse of employee of the Valuation |
| |
Tribunal Service disqualified for appointment as member of the Service), |
| |
after “is married to” insert “or is the civil partner of”. |
| |
Sexual Offences Act 2003 (c. 42) |
| 10 |
83 (1) | Amend section 23 (sections 16 to 19: marriage exception) as follows. |
| |
(2) | At the end of subsection (1)(b) insert “or civil partners of each other”. |
| |
(3) | In subsection (2), for “were lawfully married at the time” substitute “were at |
| |
the time lawfully married or civil partners of each other”. |
| |
(4) | In the heading to section 23 for “marriage exception” substitute “exception |
| 15 |
for spouses and civil partners”. |
| |
84 (1) | Amend section 28 (sections 25 and 26: marriage exception) as follows. |
| |
(2) | At the end of subsection (1)(b) insert “or civil partners of each other”. |
| |
(3) | In subsection (2), for “were lawfully married at the time” substitute “were at |
| |
the time lawfully married or civil partners of each other”. |
| 20 |
(4) | In the heading to section 28 for “marriage exception” substitute “exception |
| |
for spouses and civil partners”. |
| |
| |
| |
Consequential amendments: Scotland |
| |
| 25 |
Amendments of the Succession (Scotland) Act 1964 (c. 41) |
| |
1 | In section 1(2) (intestacy: saving for legal rights or prior rights), after |
| |
“spouse” insert “or civil partner”. |
| |
2 | In section 2(1)(e) (intestacy: succession rights of surviving spouse)— |
| |
(a) | for “or a wife” substitute, “, wife or civil partner”, and |
| 30 |
(b) | after “spouse” insert “or civil partner”. |
| |
3 | In section 5(1) (representation on intestacy), for “or spouse” substitute |
| |
“, spouse or civil partner”. |
| |
4 | In section 8 (prior rights on intestacy in dwelling house and furniture), in |
| |
subsections (1), (3) and (4), after “spouse” (in each place, including the |
| 35 |
provisos to subsections (1) and (3)) insert “or civil partner”. |
| |
|
| |
|
| |
|
5 | In section 9 (prior right to financial provision on intestacy)— |
| |
(a) | in subsection (1), for “or wife, the surviving spouse” substitute “, wife |
| |
or civil partner the survivor”, and |
| |
(b) | in the proviso to that subsection and in subsections (2), (3), (4) and |
| |
(6), after “spouse”, (in each place) insert “or civil partner”. |
| 5 |
6 | In section 15(2)(a) (transfer of heritage in satisfaction of claim to legal rights |
| |
or prior rights), after “spouse” insert “or civil partner”. |
| |
7 | In section 16(2) (transfer of interest of tenant notwithstanding condition |
| |
prohibiting assignation), after “spouse” insert “or civil partner”. |
| |
8 | In section 31(1) (presumption of survivorship in respect of claims to |
| 10 |
| |
(a) | after “spouse” insert “or civil partner”, and |
| |
(b) | in paragraph (a), after “wife” insert “or civil partners to each other”. |
| |
| |
Amendments of the Family Law (Scotland) Act 1985 (c. 37) |
| 15 |
9 | In section 1(1) (obligation of aliment), after paragraph (b) insert— |
| |
“(bb) | a partner in a civil partnership to the other partner,”. |
| |
10 (1) | Amend section 2 (actions for aliment) as follows. |
| |
(2) | in subsection (2), after paragraph (a) insert— |
| |
“(aa) | for dissolution of a civil partnership, separation of civil |
| 20 |
partners or declarator of nullity of a civil partnership,”. |
| |
(3) | In subsection (9), after “wife” insert “or the partners in a civil partnership”. |
| |
11 | In section 6(1) (interim aliment)— |
| |
(a) | in paragraph (a), for “party” (in both places) substitute “person”, |
| |
(b) | after paragraph (b) insert— |
| 25 |
“(c) | in an action for dissolution of a civil partnership, |
| |
separation of civil partners or declarator of nullity of |
| |
a civil partnership, by either partner against the other |
| |
| |
12 (1) | Amend section 8 (orders for financial provision) as follows. |
| 30 |
| |
(a) | after “either party to the marriage” insert “and in an action for |
| |
dissolution of a civil partnership, either partner”, and |
| |
(b) | in each of paragraphs (a) to (c), for “marriage” substitute “action”. |
| |
(3) | In subsection (5), after “marriage” insert “or the partners in a civil |
| 35 |
| |
13 (1) | Amend section 9 (principles to be applied in deciding what order if any to |
| |
make for financial provision) as follows. |
| |
| |
(a) | in paragraph (a), at the end insert “or as the case may be the net value |
| 40 |
of the partnership property should be so shared between the |
| |
partners in the civil partnership”, |
| |
(b) | in paragraph (b), for “party” (in each place) substitute “person”, |
| |
(c) | in paragraph (c), the existing words “after divorce, for a child of the |
| |
|
| |
|
| |
|
marriage under the age of 16 years” become sub-paragraph (i), after |
| |
that sub-paragraph insert— |
| |
“(ii) | after dissolution of the civil |
| |
partnership, for a child under that age |
| |
who has been accepted by both |
| 5 |
partners as a child of the family,”, |
| |
| and for “parties” substitute “persons”, |
| |
(d) | in paragraph (d), for “party” (in both places) substitute “person”, the |
| |
existing words “the date of the decree of divorce, to the loss of that |
| |
support on divorce” become sub-paragraph (i) and after that sub- |
| 10 |
| |
“(ii) | the date of the decree of dissolution of |
| |
the civil partnership, to the loss of that |
| |
support on dissolution,” and |
| |
(e) | in paragraph (e), for “party” substitute “person”, after first “divorce” |
| 15 |
insert “or of the dissolution of the civil partnership,” and after second |
| |
“divorce” insert “or dissolution”. |
| |
(3) | In subsection (2), in the definitions of “economic advantage” and |
| |
“contributions”, after “marriage” insert “or civil partnership”. |
| |
14 (1) | Amend section 10 (sharing of value of matrimonial property) as follows. |
| 20 |
| |
(a) | after “property” insert “or partnership property”, and |
| |
(b) | for “the parties to the marriage” substitute “persons”. |
| |
| |
(a) | omit first “matrimonial”, |
| 25 |
(b) | for “the parties or either of them” substitute “one or both of the |
| |
parties to the marriage or as the case may be of the partners”, |
| |
(c) | in paragraph (a), after “property” insert “or before the registration of |
| |
the partnership so far as they relate to the partnership property”, and |
| |
(d) | in paragraph (b), at the end insert “or partnership”. |
| 30 |
| |
(a) | in paragraph (a), for “parties” substitute “persons”, and |
| |
(b) | in paragraph (b), at the end insert “or for dissolution of the civil |
| |
| |
(5) | After subsection (4) insert— |
| 35 |
“(4A) | Subject to subsection (5) below, in this section and in section 11 of this |
| |
Act “the partnership property” means all the property belonging to |
| |
the partners or either of them at the relevant date which was |
| |
acquired by them or by one of them (otherwise than by way of gift or |
| |
succession from a third party)— |
| 40 |
(a) | before the registration of the partnership for use by them as a |
| |
family home or as furniture or plenishings for such a home, |
| |
| |
(b) | during the partnership but before the relevant date.” |
| |
| 45 |
(a) | for “party” (in each place) substitute “person”, and |
| |
(b) | at the end insert “or partnership property”. |
| |
| |
|
| |
|