Civil Partnership Bill [HL]

House of Commons

Session 2002 - 03
Internet Publications
Other Bills before Parliament

Civil Partnership Bill [HL]

Civil Partnership Bill [HL]
Part 3 — Civil partnership: Scotland
Chapter 6 — Miscellaneous and interpretation
63

(7)
The civil partnership is void if—
(a)
the relationship is not an overseas relationship, or
(b)
(even though the relationship is an overseas relationship), the parties
are not treated under Chapter 2 of Part 5 as having formed a civil
partnership.
5
(8)
The civil partnership is voidable if—
(a)
the overseas relationship is voidable under the relevant law, or
(b)
the circumstances fall within section 50(1)(d).
(9)
For the purposes of subsection (8)—
(a)
“the relevant law” means the law of the country or territory where the
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overseas relationship was registered (including its rules of private
international law), and
(b)
the reference in section 50(1)(d) to the formation of the civil partnership
is to be read as a reference to the registration of the overseas
relationship.
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Financial provision after overseas proceedings
122
Financial provision after overseas dissolution or annulment
Schedule 12 relates to applications for financial provision in Scotland after a
civil partnership has been dissolved or annulled in a country or territory
outside the British Islands.
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Chapter 6
Miscellaneous and interpretation
Miscellaneous
123
Regulations
(1)
In this Chapter and in Chapters 2 and 5, “prescribed” means prescribed by
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regulations made by the Registrar General.
(2)
Regulations so made may make provision (including provision as to fees)
supplementing, in respect of the provision of services by or on behalf of the
Registrar General or by local registration authorities (as defined by section 5(3)
of the 1965 Act), the provisions of Chapter 2 of this Part.
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(3)
Regulations so made may in particular make provision with respect to
determining whether two people have lived together for the period of twelve
years specified in section 2.
(4)
Any power to make regulations under subsection (1) or (2) is exercisable by
statutory instrument; and no such regulations are to be made except with the
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approval of the Scottish Ministers.
(5)
A statutory instrument containing regulations under subsection (1) or (2), or
regulations under section 104(3)(a)(i), is subject to annulment in pursuance of
a resolution of the Scottish Parliament.

Civil Partnership Bill [HL]
Part 3 — Civil partnership: Scotland
Chapter 6 — Miscellaneous and interpretation
64

124
Attachment
Where an attachment has been executed of furniture and plenishings of which
the debtor’s civil partner has the possession or use by virtue of an order under
section 101(3) or (4), the sheriff, on the application of that civil partner made
within 40 days after the execution of the attachment, may—
5
(a)
declare the attachment null, or
(b)
make such order as he thinks appropriate to protect such possession or
use by that civil partner,
if satisfied that the purpose of the attachment was wholly or mainly to prevent
such possession or use.
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125
Promise or agreement to enter into civil partnership
No promise or agreement to enter into civil partnership creates any rights or
obligations under the law of Scotland; and no action for breach of such a
promise or agreement may be brought in any court in Scotland, whatever the
law applicable to the promise or agreement.
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126
Lord Advocate as party to action for nullity or dissolution of civil partnership
(1)
The Lord Advocate may enter appearance as a party in any action—
(a)
of declarator of nullity of a civil partnership, or
(b)
for dissolution of a civil partnership,
and he may lead such proof and maintain such pleas as he thinks fit.
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(2)
The Court, whenever it considers it necessary for the proper disposal of any
such action, is to direct that the action be brought to the notice of the Lord
Advocate for him to determine whether to enter appearance.
(3)
No expenses are claimable by or against the Lord Advocate in any such action
in which he enters appearance.
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127
Civil partner of accused a competent witness
(1)
The civil partner of an accused may be called as a witness—
(a)
by the accused, or
(b)
without the consent of the accused, by a co-accused or by the
prosecutor.
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(2)
But the civil partner is not a compellable witness for the co-accused or for the
prosecutor and is not compelled to disclose any communication made, while
the civil partnership subsists, between the civil partners.
(3)
The failure of a civil partner of an accused to give evidence is not to be
commented on by the defence or the prosecutor.
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128
Assurance policies
Section 2 of the Married Women’s Policies of Assurance (Scotland) Act 1880
(c. 26) (which provides that a policy of assurance may be effected in trust for a
person’s spouse, children or spouse and children) applies in relation to a policy
of assurance—
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(a)
effected by a civil partner (in this section referred to as “A”) on A’s own
life, and

Civil Partnership Bill [HL]
Part 3 — Civil partnership: Scotland
Chapter 6 — Miscellaneous and interpretation
65

(b)
expressed upon the face of it to be for the benefit of A’s civil partner, or
of A’s children, or of A’s civil partner and children,
as it applies in relation to a policy of assurance effected as, and expressed upon
the face of it to be for such benefit as, is mentioned in that section.
129
Council Tax: liability of civil partners
5
After section 77 of the Local Government Finance Act 1992 (c. 14), insert—
“77A
Liability of civil partners
(1)
Where—
(a)
a person who is liable to pay council tax in respect of any
chargeable dwelling and any day is in civil partnership with
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another person or living with another person in a relationship
which has the characteristics of the relationship between civil
partners; and
(b)
that other person is also a resident of the dwelling on that day
but would not, apart from this section, be so liable,
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those persons shall be jointly and severally liable to pay the council tax
payable in respect of that dwelling and that day.
(2)
Subsection (1) above shall not apply as respects any day on which the
other person there mentioned falls to be disregarded for the purposes
of discount—
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(a)
by virtue of paragraph 2 of Schedule 1 to this Act (the severely
mentally impaired); or
(b)
being a student, by virtue of paragraph 4 of that Schedule.”
130
General provisions as to fees
(1)
Subject to such exceptions as may be prescribed, a district registrar may refuse
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to comply with any application voluntarily made to him under this Part until
the appropriate fee, if any, provided for by or under this Part is paid to him;
and any such fee, if not prepaid, is recoverable by the registrar to whom it is
payable.
(2)
Circumstances, of hardship or otherwise, may be prescribed in which fees
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provided for by or under this Part may be remitted by the Registrar General.
Interpretation
131
Interpretation of this Part
In this Part, unless the context otherwise requires—
“the 1965 Act” means the Registration of Births, Deaths and Marriages
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(Scotland) Act 1965 (c. 49);
“authorised registrar” has the meaning given by section 85;
“caravan” means a caravan which is mobile or affixed to land;
“child of the family” has the meaning given by section 99(7);
“civil partnership book” has the meaning given by section 87;
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“civil partnership register” has the meaning given by section 93(2);
“civil partnership schedule” has the meaning given by section 92;

Civil Partnership Bill [HL]
Part 3 — Civil partnership: Scotland
Chapter 6 — Miscellaneous and interpretation
66

“the court” means the Court of Session or the sheriff;
“district” means a registration district as defined by section 5(1) of the
1965 Act;
“district registrar” has the meaning given by section 7(12) of the 1965 Act;
“entitled partner” and “non-entitled partner”, subject to sections 104(2)
5
and 109(2), have the meanings respectively assigned to them by section
99(1);
“exclusion order” has the meaning given by section 102(1);
“family” has the meaning given by section 99(7);
“family home” means any house, caravan, houseboat or other structure
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which has been provided or has been made available by one or both of
the civil partners as, or has become, a family residence and includes any
garden or other ground or building attached to, and usually occupied
with, or otherwise required for the amenity or convenience of, the
house, caravan, houseboat or other structure but does not include a
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residence provided or made available by one civil partner for that civil
partner to reside in, whether with any child of the family or not,
separately from the other civil partner;
“furniture and plenishings” means any article situated in a family home
of civil partners which—
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(a)
is owned or hired by either civil partner or is being acquired by
either civil partner under a hire-purchase agreement or
conditional sale agreement, and
(b)
is reasonably necessary to enable the home to be used as a
family residence,
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but does not include any vehicle, caravan or houseboat or such other
structure as is mentioned in the definition of “family home”;
“notice of proposed civil partnership” has the meaning given by section
86(1);
“occupancy rights” means the rights conferred by section 99(1);
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“Registrar General” means the Registrar General of Births, Deaths and
Marriages for Scotland;
“registration office” means a registration office provided under section
8(1) of the 1965 Act;
“tenant” includes—
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(a)
a sub-tenant,
(b)
a statutory tenant as defined in section 3 of the Rent (Scotland)
Act 1984 (c. 58), and
(c)
a statutory assured tenant as defined in section 16(1) of the
Housing (Scotland) Act 1988 (c. 43),
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and “tenancy” is to be construed accordingly.
132
The expression “relative” in the 1965 Act
In section 56(1) of the 1965 Act (interpretation), in the definition of “relative”,
at the end insert “, a civil partner and anyone related to the civil partner of the
person as regards whom the expression is being construed”.
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Civil Partnership Bill [HL]
Part 4 — Civil partnership: Northern Ireland
Chapter 1 — Registration
67

Part 4
Civil partnership: Northern Ireland
Chapter 1
Registration
Formation and eligibility
5
133
Formation of civil partnership by registration
(1)
For the purposes of section 1, two people are to be regarded as having
registered as civil partners of each other once each of them has signed the civil
partnership schedule in the presence of—
(a)
each other,
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(b)
two witnesses both of whom profess to be 16 or over, and
(c)
the registrar.
(2)
Subsection (1) applies regardless of whether subsections (3) and (4) are
complied with.
(3)
After the civil partnership schedule has been signed under subsection (1), it
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must also be signed, in the presence of the civil partners and each other, by—
(a)
each of the two witnesses, and
(b)
the registrar.
(4)
After the witnesses and the registrar have signed the civil partnership
schedule, the registrar must cause the registration of the civil partnership to be
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recorded as soon as practicable.
(5)
No religious service is to be used while the civil partnership registrar is
officiating at the signing of a civil partnership schedule.
134
Eligibility
(1)
Subject to subsection (2), two people are not eligible to register as civil partners
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of each other if—
(a)
they are not of the same sex,
(b)
either of them is already a civil partner or lawfully married,
(c)
either of them is under 16,
(d)
they are within prohibited degrees of relationship, or
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(e)
either of them is incapable of understanding the nature of civil
partnership.
(2)
Subsection (1)(a) and (d) shall not apply in the case of two people who wish to
register as civil partners under section 2.
(3)
Schedule 13 contains provisions for determining when two people are within
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prohibited degrees of relationship.