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]
Part 4 — Civil partnership: Northern Ireland
Chapter 1 — Registration
75

153
Fees
(1)
The Department of Finance and Personnel may by order prescribe—
(a)
any fee which is required to be prescribed for the purposes of this
Chapter;
(b)
fees for such other matters as that Department considers necessary or
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expedient for the purposes of this Chapter.
(2)
The power to make an order under subsection (1) is exercisable by statutory
rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I.
1979/1573 (N.I. 12)).
(3)
An order under subsection (1) may only be made if a draft has been laid before
10
and approved by resolution of the Northern Ireland Assembly.
154
Offences
(1)
Any registrar who signs a civil partnership schedule in the absence of the civil
partners is guilty of an offence.
(2)
Any person who is not a registrar but officiates at the signing of a civil
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partnership schedule in such a way as to lead the civil partners to believe that
he is a registrar is guilty of an offence.
(3)
A person who is guilty of an offence under this section is liable on summary
conviction to a fine not exceeding level 5 on the standard scale or to
imprisonment for a term not exceeding 6 months or to both.
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(4)
Notwithstanding anything in Article 19(1) of the Magistrates’ Courts
(Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)) (limitation of time for
taking proceedings), proceedings for an offence under this section may be
instituted at any time within 3 years after the commission of the offence.
155
Regulations
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(1)
The Department of Finance and Personnel may by regulations make such
provision as appears to it necessary or expedient for the registration of civil
partnerships in Northern Ireland.
(2)
Regulations made under subsection (1) may in particular make provision with
respect to determining whether two people have lived together for the period
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of twelve years specified in section 2.
(3)
The power to make regulations under subsection (1) is exercisable by statutory
rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979
(S.I. 1979/1573 (N.I. 12)).
(4)
Regulations under subsection (1) shall be subject to negative resolution (within
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the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954
(1954 c. 33 (N.I.))).
156
Interpretation
In this Chapteræ
“civil partnership notice” means a notice of proposed civil partnership
40
under section 135;
“civil partnership notice book” has the meaning given by section 136;

Civil Partnership Bill [HL]
Part 4 — Civil partnership: Northern Ireland
Chapter 2 — Dissolution, nullity and other proceedings
76

“prescribed”, except in relation to a fee, means prescribed by regulations
under section 155 and, in relation to a fee, means prescribed by order
under section 153;
“registrar” means such person appointed under section 148(1)(a) or (b) or
(3) as may be prescribed;
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“Registrar General” means the Registrar General for Northern Ireland;
“statutory provision” has the meaning given by section 1(f) of the
Interpretation Act (Northern Ireland) 1954 (1954 c. 33 (N.I.)).
Chapter 2
Dissolution, nullity and other proceedings
10
Introduction
157
Powers to make orders and effect of orders
(1)
The court may, in accordance with this Chapter—
(a)
make an order (a “dissolution order”) which dissolves a civil
partnership on the ground that it has broken down irretrievably;
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(b)
make an order (a “nullity order”) which annuls a civil partnership
which is void or voidable;
(c)
make an order (a “presumption of death order”) which dissolves a civil
partnership on the ground that one of the civil partners is presumed to
be dead;
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(d)
make an order (a “separation order”) which provides for the separation
of the civil partners.
(2)
Every dissolution, nullity or presumption of death order—
(a)
is, in the first instance, a conditional order, and
(b)
may not be made final before the end of the prescribed period (see
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section 158);
and any reference in this Chapter to a conditional order is to be read
accordingly.
(3)
A nullity order made where a civil partnership is voidable annuls the civil
partnership only as respects any time after the order has been made final, and
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the civil partnership is to be treated (despite the order) as if it had existed up to
that time.
(4)
In this Chapter “the court” has the meaning given by section 183.
(5)
This Chapter is subject to section 211 and sections 220 to 224 (jurisdiction of the
court).
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158
The period before conditional orders may be made final
(1)
Subject to subsection (2), the prescribed period for the purposes of section
157(2)(b) is 6 weeks from the making of the conditional order.
(2)
In a particular case the court dealing with the case may by order shorten the
prescribed period.
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Civil Partnership Bill [HL]
Part 4 — Civil partnership: Northern Ireland
Chapter 2 — Dissolution, nullity and other proceedings
77

159
Intervention by the Crown Solicitor
(1)
This section applies if an application has been made for a dissolution, nullity
or presumption of death order.
(2)
The court may, if it thinks fit, direct that all necessary papers in the matter are
to be sent to the Crown Solicitor who must under the directions of the Attorney
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General instruct counsel to argue before the court any question in relation to
the matter which the court considers it necessary or expedient to have fully
argued.
(3)
If any person at any time—
(a)
during the progress of the proceedings, or
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(b)
before the conditional order is made final,

gives information to the Crown Solicitor on any matter material to the due
decision of the case, the Crown Solicitor may take such steps as the Attorney
General considers necessary or expedient.
(4)
If the Crown Solicitor intervenes or shows cause against the making of the
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conditional order in any proceedings relating to its making, the court may
make such order as may be just as to—
(a)
the payment by other parties to the proceedings of the costs incurred by
him in doing so, or
(b)
the payment by the Crown Solicitor of any costs incurred by any of
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those parties because of his doing so.
(5)
In this Chapter—

“the Attorney General” means the Attorney General for Northern Ireland;
and

“the Crown Solicitor” means the Crown Solicitor for Northern Ireland.
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160
Proceedings before order has been made final
(1)
This section applies if—
(a)
a conditional order has been made, and
(b)
the Crown Solicitor, or any person who has not been a party to
proceedings in which the order was made, shows cause why the order
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should not be made final on the ground that material facts have not
been brought before the court.
(2)
This section also applies if—
(a)
a conditional order has been made,
(b)
3 months have elapsed since the earliest date on which an application
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could have been made for the order to be made final,
(c)
no such application has been made by the civil partner who applied for
the conditional order, and
(d)
the other civil partner makes an application to the court under this
subsection.
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(3)
The court may—
(a)
make the order final,
(b)
rescind the order,
(c)
require further inquiry, or
(d)
otherwise deal with the case as it thinks fit.
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Civil Partnership Bill [HL]
Part 4 — Civil partnership: Northern Ireland
Chapter 2 — Dissolution, nullity and other proceedings
78

(4)
Subsection (3)(a)—
(a)
applies despite section 157(2) (period before conditional orders may be
made final), but
(b)
is subject to section 168(4) (protection for respondent in separation
cases) and section 181 (restrictions on making of orders affecting
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children).
161
Time bar on applications for dissolution orders
(1)
No application for a dissolution order may be made to the court before the end
of the period of 2 years from the date of the formation of the civil partnership.
(2)
Nothing in this section prevents the making of an application based on matters
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which occurred before the end of the 2 year period.
162
Attempts at reconciliation of civil partners
(1)
This section applies in relation to cases where an application is made for a
dissolution or separation order.
(2)
If at any stage of proceedings for the order it appears to the court that there is
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a reasonable possibility of a reconciliation between the civil partners, the court
may adjourn the proceedings for such period as it thinks fit to enable attempts
to be made to effect a reconciliation between them.
(3)
If during any such adjournment the parties resume living with other in the
same household, no account is to be taken of the fact for the purposes of the
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proceedings.
(4)
The power to adjourn under subsection (2) is additional to any other power of
adjournment.
163
Consideration by the court of certain agreements or arrangements
(1)
This section applies to cases where—
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(a)
proceedings for a dissolution or separation order are contemplated or
have begun, and
(b)
an agreement or arrangement is made or proposed to be made between
the civil partners which relates to, arises out of, or is connected with, the
proceedings.
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(2)
Rules of court may make provision for enabling—
(a)
the civil partners, or either of them, on application made either before
or after the making of the application for a dissolution or separation
order, to refer the agreement or arrangement to the court, and
(b)
the court—
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(i)
to express an opinion, if it thinks it desirable to do so, as to the
reasonableness of the agreement or arrangement, and
(ii)
to give such directions, if any, in the matter as it thinks fit.