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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)—

 

 

 
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