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 3 — Property and financial arrangements
90

185
Transfer of proceedings
(1)
This section applies if an order is made under section 183.
(2)
Rules of court—
(a)
must provide for the transfer to the High Court—
(i)
of any civil partnership cause pending in a civil partnership
5
proceedings county court which ceases to be undefended, and
(ii)
of any civil partnership cause so pending, where the transfer
appears to the civil partnership proceedings county court to be
desirable;
(b)
may provide for the transfer to the High Court of any civil partnership
10
cause which remains undefended;
(c)
may provide for the transfer or retransfer from the High Court to a civil
partnership proceedings county court of any civil partnership cause
which is, or again becomes, undefended;
(d)
must define the circumstances in which any civil partnership cause is
15
to be treated for the purposes of this subsection as undefended.
(3)
“Civil partnership cause” means an action for the dissolution or annulment of
a civil partnership or for the legal separation of civil partners.
(4)
Rules of court may provide for the transfer or retransfer—
(a)
from a civil partnership proceedings county court to the High Court, or
20
(b)
from the High Court to a civil partnership proceedings county court,

of any proceedings for the exercise of a power under this Chapter or Schedule
16 (except proceedings on an application under paragraph 49, 50 or 58).
(5)
The power conferred by subsections (2) and (4) includes power to provide for
the removal of proceedings at the direction of the High Court; but nothing in
25
this section affects—
(a)
any other power of the High Court to remove proceedings to that court
from a county court, or
(b)
any power to remit proceedings from that court to a county court.
(6)
A court has jurisdiction to entertain any proceedings transferred to the court
30
by virtue of rules made in pursuance of subsection (4).
Chapter 3
Property and financial arrangements
186
Disputes between civil partners about property
(1)
In any question between the civil partners in a civil partnership as to title to or
35
possession of property, either civil partner may apply by summons or
otherwise in a summary way to—
(a)
the High Court, or
(b)
a county court.
(2)
On such an application, the court may make such order with respect to the
40
property as it thinks fit (including an order for the sale of the property).
(3)
Rules of court made for the purposes of this section may confer jurisdiction on
county courts whatever the situation or value of the property in dispute.

Civil Partnership Bill [HL]
Part 4 — Civil partnership: Northern Ireland
Chapter 3 — Property and financial arrangements
91

187
Applications under section 186 where property not in possession etc.
(1)
The right of a civil partner (“A”) to make an application under section 186
includes the right to make such an application where A claims that the other
civil partner (“B”) has had in his possession or under his control—
(a)
money to which, or to a share of which, A was beneficially entitled, or
5
(b)
property (other than money) to which, or to an interest in which, A was
beneficially entitled,

and that either the money or other property has ceased to be in B’s possession
or under B’s control or that A does not know whether it is still in B’s possession
or under B’s control.
10
(2)
For the purposes of subsection (1)(a) it does not matter whether A is
beneficially entitled to the money or share—
(a)
because it represents the proceeds of property to which, or to an interest
in which, A was beneficially entitled, or
(b)
for any other reason.
15
(3)
Subsections (4) and (5) apply if, on such an application being made, the court
is satisfied that B—
(a)
has had in his possession or under his control money or other property
as mentioned in subsection (1)(a) or (b), and
(b)
has not made to A, in respect of that money or other property, such
20
payment or disposition as would have been just and equitable in the
circumstances.
(4)
The power of the court to make orders under section 186 includes power to
order B to pay to A—
(a)
in a case falling within subsection (1)(a), such sum in respect of the
25
money to which the application relates, or A’s share of it, as the court
considers appropriate, or
(b)
in a case falling within subsection (1)(b), such sum in respect of the
value of the property to which the application relates, or A’s interest in
it, as the court considers appropriate.
30
(5)
If it appears to the court that there is any property which—
(a)
represents the whole or part of the money or property, and
(b)
is property in respect of which an order could (apart from this section)
have been made under section 186,

the court may (either instead of or as well as making an order in accordance
35
with subsection (4)) make any order which it could (apart from this section)
have made under section 186.
(6)
Any power of the court which is exercisable on an application under section
186 is exercisable in relation to an application made under that section as
extended by this section.
40
188
Assurance policy by civil partner for benefit of other civil partner etc.
Section 4 of the Law Reform (Husband and Wife) Act (Northern Ireland) 1964
(c. 23 (N.I.)) (money payable under policy of life assurance or endowment not
to form part of the estate of the insured) applies in relation to a policy of life
assurance or endowment—
45
(a)
effected by a civil partner on his own life, and

Civil Partnership Bill [HL]
Part 4 — Civil partnership: Northern Ireland
Chapter 4 — Civil partnership agreements
92

(b)
expressed to be for the benefit of his civil partner, or of his children, or
of his civil partner and children, or any of them,
as it applies in relation to a policy of life assurance or endowment effected by
a husband and expressed to be for the benefit of his wife, or of his children, or
of his wife and children, or of any of them.
5
189
Wills, administration of estates and family provision
Schedule 15 amends enactments relating to wills, administration of estates and
family provision so that they apply in relation to civil partnerships as they
apply in relation to marriage.
190
Financial relief for civil partners and children of family
10
(1)
Schedule 16 makes provision for financial relief in connection with civil
partnerships that corresponds to the provision made for financial relief in
connection with marriages by Part 3 of the Matrimonial Causes (Northern
Ireland) Order 1978 (S.I. 1978/1045 (N.I. 15)).
(2)
Any rule of law under which any provision of Part 3 of the 1978 Order is
15
interpreted as applying to dissolution of a marriage on the ground of
presumed death is to be treated as applying (with any necessary modifications)
in relation to the corresponding provision of Schedule 16.
(3)
Schedule 17 makes provision for financial relief in connection with civil
partnerships that corresponds to provision made for financial relief in
20
connection with marriages by the Domestic Proceedings (Northern Ireland)
Order 1980 (S.I. 1980/563 (N.I. 5)).
(4)
Schedule 18 makes provision for financial relief in Northern Ireland after a civil
partnership has been dissolved or annulled, or civil partners have been legally
separated, in a country outside the British Islands.
25
Chapter 4
Civil partnership agreements
191
Civil partnership agreements unenforceable
(1)
A civil partnership agreement does not under the law of Northern Ireland have
effect as a contract giving rise to legal rights.
30
(2)
No action lies in Northern Ireland for breach of a civil partnership agreement,
whatever the law applicable to the agreement.
(3)
In this section and section 192 “civil partnership agreement” means an
agreement between two people—
(a)
to register as civil partners of each other—
35
(i)
in Northern Ireland (under Part 4),
(ii)
in England and Wales (under Part 2),
(iii)
in Scotland (under Part 3), or
(iv)
outside the United Kingdom under an Order in Council made
under Chapter 1 of Part 5 (registration at British consulates etc.
40
or by armed forces personnel), or
(b)
to enter into an overseas relationship.

Civil Partnership Bill [HL]
Part 4 — Civil partnership: Northern Ireland
Chapter 5 — Children
93

(4)
This section applies in relation to civil partnership agreements whether
entered into before or after this section comes into force, but does not affect any
action commenced before it comes into force.
192
Property where civil partnership agreement is terminated
(1)
This section applies if a civil partnership agreement is terminated.
5
(2)
Sections 186 and 187 (disputes between civil partners about property) apply to
any dispute between, or claim by, one of the parties in relation to property in
which either or both had a beneficial interest while the agreement was in force,
as if the parties were civil partners of each other.
(3)
An application made under section 186 or 187 by virtue of subsection (2) must
10
be made within 3 years of the termination of the agreement.
(4)
A party to a civil partnership agreement who makes a gift of property to the
other party on the condition (express or implied) that it is to be returned if the
agreement is terminated is not prevented from recovering the property merely
because of his having terminated the agreement.
15
Chapter 5
Children
193
Parental responsibility, children of the family and relatives
(1)
Amend the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2))
(“the 1995 Order”) as follows.
20
(2)
In Article 2(2) (interpretation), for the definition of “child of the family” in
relation to the parties to a marriage, substitute—

““child of the family”, in relation to parties to a marriage, or to two people
who are civil partners of each other, means—
(a)
a child of both of them, and
25
(b)
any other child, other than a child placed with them as foster
parents by an authority or voluntary organisation, who has
been treated by both of them as a child of their family.”
(3)
In the definition of “relative” in Article 2(2), for “by affinity)” substitute “by
marriage or civil partnership)”.
30
(4)
In Article 7(1C) (acquisition of parental responsibility by step-parent), after “is
married to” insert “, or a civil partner of,”.
194
Guardianship
In Article 161 of the 1995 Order (revocation of appointment), after paragraph
(7) insert—
35
“(8)
An appointment under paragraph (1) or (2) of Article 160 (including
one made in an unrevoked will) is revoked if—
(a)
the civil partnership of the person who made the appointment
is dissolved or annulled, and
(b)
the person appointed is his former civil partner.
40

Civil Partnership Bill [HL]
Part 4 — Civil partnership: Northern Ireland
Chapter 5 — Children
94

(9)
Paragraph (8) is subject to a contrary intention appearing from the
appointment.
(10)
In paragraph (8) “dissolved or annulled” means—
(a)
dissolved by a dissolution order or annulled by a nullity order
under Part 4 of the Civil Partnership Act 2004, or
5
(b)
dissolved or annulled in any country or territory outside
Northern Ireland by a dissolution or annulment which is
entitled to recognition in Northern Ireland by virtue of Chapter
3 of Part 5 of that Act.”
195
Entitlement to apply for residence or contact order
10
In Article 10(5) of the 1995 Order (persons entitled to apply for residence or
contact order), after sub-paragraph (a) insert—
“(aa)
any civil partner in a civil partnership (whether or not
subsisting) in relation to whom the child is a child of the
family;”.
15
196
Financial provision for children
(1)
Amend Schedule 1 to the 1995 Order (financial provision for children) as
follows.
(2)
For paragraph 1(2) (extended meaning of “parent”) substitute—
“(2)
In this Schedule, except paragraphs 3 and 17, “parent” includes—
20
(a)
any party to a marriage (whether or not subsisting) in relation
to whom the child concerned is a child of the family, and
(b)
any civil partner in a civil partnership (whether or not
subsisting) in relation to whom the child concerned is a child of
the family;
25

and for this purpose any reference to either parent or both parents shall
be read as a reference to any parent of his and to all of his parents.”
(3)
In paragraph 3(6) (meaning of “periodical payments order”), after paragraph
(d) insert—
“(e)
Part 1 or 7 of Schedule 16 to the Civil Partnership Act 2004
30
(financial relief in the High Court or county court etc.);
(f)
Schedule 17 to the 2004 Act (financial relief in court of summary
jurisdiction etc.);”.
(4)
In paragraph 17(2) (person with whom a child lives or is to live), after
“husband or wife” insert “or civil partner”.
35
197
Adoption
(1)
Amend the Adoption (Northern Ireland) Order 1987 (S.I. 1987/2203 (N.I. 22))
as follows.
(2)
In Article 2 (interpretation), in the definition of “relative” in paragraph (2), for
“affinity” substitute “marriage or civil partnership”.
40
(3)
In Article 12 (adoption orders), in paragraph (5), after “married” insert “or who
is or has been a civil partner”.

Civil Partnership Bill [HL]
Part 4 — Civil partnership: Northern Ireland
Chapter 6 — Miscellaneous
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(4)
In Article 15 (adoption by one person), in paragraph (1)(a), after “is not
married” insert “or a civil partner”.
(5)
In Article 33 (meaning of “protected child”), in paragraph (3)(g), after
“marriage” insert “or forming a civil partnership”.
(6)
In Article 40 (status conferred by adoption), in paragraph (3)(a), after “1984”
5
insert “or for the purposes of Schedule 13 to the Civil Partnership Act 2004”.
(7)
In Article 54 (disclosure of birth records of adopted children), in paragraph
(2)—
(a)
after “intending to be married” insert “or to form a civil partnership”;
(b)
for “the person whom he intends to marry” substitute “the intended
10
spouse or civil partner”;
(c)
after “1984” insert “or Schedule 13 to the Civil Partnership Act 2004”.
(8)
In Article 54A (Adoption Contact Register), in paragraph (13)(a), for “or
marriage” substitute “, marriage or civil partnership”.
Chapter 6
15
Miscellaneous
198
False statements etc. with reference to civil partnerships
(1)
Amend Article 8 of the Perjury (Northern Ireland) Order 1979 (S.I. 1979/1714
(N.I. 19)) (false statements etc. with reference to marriage) as follows.
(2)
After paragraph (1) insert—
20
“(1A)
Any person who—
(a)
for the purpose of procuring the formation of a civil partnership
or a document mentioned in paragraph (1B)—
(i)
makes or signs a declaration required under Part 4 or 5
of the Civil Partnership Act 2004; or
25
(ii)
gives a notice or certificate required under Part 4 or 5 of
the Civil Partnership Act 2004,

knowing that the declaration, notice or certificate is false;
(b)
for the purpose of a record being made in any register relating
to civil partnerships—
30
(i)
makes a statement as to any information which is
required to be registered under Part 4 or 5 of the Civil
Partnership Act 2004; or
(ii)
causes such a statement to be made,

knowing that the statement is false;
35
(c)
forbids the issue of a document mentioned in paragraph (1B)(a)
or (b) by representing himself to be a person whose consent to a
civil partnership between a child and another person is
required under Part 4 or 5 of the Civil Partnership Act 2004,
knowing the representation to be false,
40

shall be guilty of an offence.
(1B)
The documents are–
(a)
a civil partnership schedule;

Civil Partnership Bill [HL]
Part 4 — Civil partnership: Northern Ireland
Chapter 6 — Miscellaneous
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(b)
a document required by an Order in Council under section 202
or 203 as an authority for two people to register as civil partners
of each other;
(c)
a certificate of no impediment under section 232.”
(3)
In paragraph (2), after “paragraph (1)” insert “or (1A)”.
5
(4)
In the heading to Article 8, after “marriage” insert “or civil partnership”.
199
Housing and tenancies
Schedule 19 amends certain enactments relating to housing and tenancies.
200
Family homes and domestic violence
Schedule 20 amends the Family Homes and Domestic Violence (Northern
10
Ireland) Order 1998 (S.I. 1998/1071 (N.I. 6)) and related enactments so that they
apply in relation to civil partnerships as they apply in relation to marriages.
201
Fatal accidents claims
(1)
Amend the Fatal Accidents (Northern Ireland) Order 1977 (S.I. 1977/1251 (N.I.
18)) as follows.
15
(2)
In Article 2(2) (meaning of “dependant”), after sub-paragraph (a) insert—
“(aa)
the civil partner or former civil partner of the deceased;”.
(3)
After sub-paragraph (f) of Article 2(2) insert—
“(fa)
any person (not being a child of the deceased) who, in the case
of any civil partnership in which the deceased was at any time
20
a civil partner, was treated by the deceased as a child of the
family in relation to that civil partnership;”.
(4)
After Article 2(2A) insert—
“(2B)
The reference to the former civil partner of the deceased in paragraph
(2)(aa) includes a reference to a person whose civil partnership with the
25
deceased has been annulled as well as a person whose civil partnership
with the deceased has been dissolved.”
(5)
In Article 2(3)(b), for “by affinity” substitute “by marriage or civil partnership”.
(6)
In Article 3A(2) (persons for whose benefit claim for bereavement damages
may be made)—
30
(a)
in sub-paragraph (a), after “wife or husband” insert “or civil partner”,
and
(b)
in sub-paragraph (b), after “was never married” insert “or a civil
partner”.