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
363

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
partnerships etc.),”.
      (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
sub-paragraph (i)), or
(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

Civil Partnership Bill [HL]
Schedule 27 — Minor and consequential amendments: general
364

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
in paragraph (aa)).”
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
Partnership Act 2004,”.
      (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
in paragraph (aa),”.
      (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.
15)),”.
      (7)
After subsection (1)(i) insert—
“(j)
a pension sharing order under Schedule 16 to the 2004 Act,
and
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
in paragraph (j).”
      (8)
In subsection (7)(a), omit “matrimonial”.
35
      (9)
In subsection (8)—
(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
     (10)
In subsection (9)—
(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
      (3)
In subsection (2)—
(a)
omit “matrimonial”, and

Civil Partnership Bill [HL]
Schedule 27 — Minor and consequential amendments: general
365

(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
Partnership Act 2004,”.
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
in paragraph (aa),”.
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
15)),”.
      (7)
After subsection (1)(i) insert—
“(j)
a pension sharing order under Schedule 16 to the 2004 Act,
and
(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
in paragraph (j).”
      (8)
In subsection (6)(a), omit “matrimonial”.
      (9)
In subsection (7)—
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”.
     (10)
In subsection (8)—
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
Partnership Act 2004,
(b)
any person who, under section 9 of the 2004 Act, has attested
45
a declaration accompanying such a notice,

Civil Partnership Bill [HL]
Schedule 27 — Minor and consequential amendments: general
366

(c)
a district registrar to whom a notice of proposed civil
partnership has been given under section 86 of the 2004 Act,
or
(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
the Exchequer;
20
(b)
in relation to Scotland, by the Secretary of State after
consulting the Registrar General of Births, Deaths and
Marriages for Scotland;
(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
void)—
(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
or such a national), and
(b)
formed by A for the purpose of avoiding the effect of one or
more provisions of United Kingdom immigration law or the
immigration rules.
(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
Part 3 of the 2004 Act;
(c)
in relation to Northern Ireland, the registrar acting under
40
Part 4 of the 2004 Act.”
78
In section 166 (regulations and orders), in subsection (6)(b) after “24(3)”
insert “, 24A(3)”.
Financial Services and Markets Act 2000 (c. 8)
79
In section 422 (controller), in subsection (4)(a), after “spouse” insert “or civil
45
partner”.

Civil Partnership Bill [HL]
Schedule 28 — Consequential amendments: Scotland
Part 1 — Amendments of the Succession (Scotland) Act 1964 (c.41)
367

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”.
Schedule 28
Section 251(2)

Consequential amendments: Scotland
Part 1
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”.

Civil Partnership Bill [HL]
Schedule 28 — Consequential amendments: Scotland
Part 2 — Amendments of the Family Law (Scotland) Act 1985 (c. 37)
368

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
property)—
(a)
after “spouse” insert “or civil partner”, and
(b)
in paragraph (a), after “wife” insert “or civil partners to each other”.
Part 2
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
partner,”.
12    (1)
Amend section 8 (orders for financial provision) as follows.
30
      (2)
In subsection (1)—
(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
partnership”.
13    (1)
Amend section 9 (principles to be applied in deciding what order if any to
make for financial provision) as follows.
      (2)
In subsection (1)—
(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

Civil Partnership Bill [HL]
Schedule 28 — Consequential amendments: Scotland
Part 2 — Amendments of the Family Law (Scotland) Act 1985 (c. 37)
369

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
paragraph insert—
“(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
      (2)
In subsection (1)—
(a)
after “property” insert “or partnership property”, and
(b)
for “the parties to the marriage” substitute “persons”.
      (3)
In subsection (2)—
(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
      (4)
In subsection (3)—
(a)
in paragraph (a), for “parties” substitute “persons”, and
(b)
in paragraph (b), at the end insert “or for dissolution of the civil
partnership”.
      (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,
or
(b)
during the partnership but before the relevant date.”
      (6)
In subsection (5)—
45
(a)
for “party” (in each place) substitute “person”, and
(b)
at the end insert “or partnership property”.
      (7)
In subsection (6)—