Amendments proposed to the Civil Partnership Bill [Lords] - continued House of Commons

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Jacqui Smith

94

Schedule     24,     page     341,     line     35,     at end insert—

      'In Article 32 (termination of awards), in paragraphs (1) and (2), for "married or unmarried couple" substitute "couple".

      In Schedule 1 (supplementary provisions), in paragraph 9C(1), for "married or unmarried couple" substitute "couple".'.

   

Jacqui Smith

95

Schedule     24,     page     341,     line     35,     at end insert—

'Part 10A

Amendments of the Social Security Act 1998 (c. 14)

     (1) Amend section 72 (power to reduce child benefit for lone parents) as follows.

    (2) In subsection (2), after "spouse" (in each place) insert "or civil partner".

    (3) After subsection (2) insert—

    "(3)   For the purpose of this section, a parent is to be regarded as living with another person as his civil partner if, but only if, he would be regarded as living with the other person as his spouse, were they instead two people of the opposite sex."

Part 10B

Amendments of the Social Security (Northern Ireland) Order 1998 (S.I. 1998/1506 (N.I. 10))

     (1) Amend Article 68 (power to reduce child benefit for lone parents) as follows.

     (2) In paragraph (2), after "spouse" (in each place) insert "or civil partner".

     (3) After paragraph (2) insert—

    "(3)   For the purpose of this Article, a parent is to be regarded as living with another person as his civil partner if, but only if, he would be regarded as living with the other person as his spouse, were they instead two people of the opposite sex.".'.


   

Mr Alistair Carmichael
Mr Malcolm Bruce

180

Clause     245,     page     119,     line     23,     after 'amendments', insert '(including the power to make retrospective pension provision)'.

   

Mr Alistair Carmichael
Mr Malcolm Bruce

181

Clause     245,     page     119,     line     25,     after 'pensions', insert '(including private sector schemes, both contracted-in and contracted-out)'.

   

Jacqui Smith

77

Clause     245,     page     120,     line     10,     leave out from '(1)' to 'may' in line 14.

   

Jacqui Smith

78

Clause     245,     page     120,     line     24,     leave out subsections (11) and (12).


   

Jacqui Smith

114

Clause     250,     page     123,     line     16,     leave out subsections (1) and (2) and insert—

    '(1)   Subsection (2) applies where any person, by Order in Council or regulations under section 2(2) of the European Communities Act 1972 (c.68) (general implementation of Treaties)—

      (a) is making provision for the purpose of implementing, or for a purpose concerning, a Community obligation of the United Kingdom which relates to persons who are or have been parties to a marriage, or

      (b) has made such provision and it has not been revoked.

    (2)   The appropriate person may by Order in Council or (as the case may be) by regulations make provision in relation to persons who are or have been civil partners in a civil partnership that is the same or similar to the provision referred to in subsection (1).'.

   

Jacqui Smith

115

Clause     250,     page     123,     line     27,     leave out subsections (4) to (7) and insert—

    '(4)   "The appropriate person" means—

      (a) if subsection (1)(a) applies, the person making the provision referred to there;

      (b) if subsection (1)(b) applies, any person who would have power to make the provision referred to there if it were being made at the time of the exercise of the power under subsection (2).

    (5)   The following provisions apply in relation to the power conferred by subsection (2) to make an Order in Council or regulations as they apply in relation to the power conferred by section 2(2) of the 1972 Act to make an Order in Council or regulations—

      (a) paragraph 2 of Schedule 2 to the 1972 Act (procedure etc. in relation to making of Orders in Council and regulations: general);

      (b) paragraph 15(3)(c) of Schedule 8 to the Scotland Act 1998 (c.46) (modifications of paragraph 2 in relation to Scottish Ministers and to Orders in Council made on the recommendation of the First Minister);

      (c) paragraph 3 of Schedule 2 to the 1972 Act (modifications of paragraph 2 in relation to Northern Ireland departments etc.) and the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I.12)) (treating the power conferred by subsection (2) as conferred by an Act passed before 1st January 1974 for the purposes of the application of that Order);

      (d) section 29(3) of the Government of Wales Act 1998 (c.38) (modifications of paragraph 2 in relation to the National Assembly for Wales).'.


   

Jacqui Smith

116

Clause     251,     page     124,     line     2,     at end insert—

    '(2A)   Schedule (Minor and consequential amendments: Northern Ireland) contains minor and consequential amendments relating to Northern Ireland.'.


   

Jacqui Smith

127

Schedule     27,     page     349,     line     2,     at end insert—

      'Explosive Substances Act 1883 (c.3)

      In section 6 (inquiry by Attorney-General, and apprehension of absconding witnesses), in subsection (2), for "husband or wife" (in both places) substitute "spouse or civil partner".

      Partnership Act 1890 (c.39)

      In section 2 (rules for determining existence of partnership), in rule (3)(c), after "widow", insert ", widower, surviving civil partner".'.

   

Jacqui Smith

128

Schedule     27,     page     349,     line     5,     at end insert—

      'Census Act 1920 (c.41)

      In the Schedule (matters in respect of which particulars may be required), in paragraph 5 after "as to marriage", insert "or civil partnership".'.

   

Jacqui Smith

129

Schedule     27,     page     349,     line     24,     at end insert—

      'Judicial Proceedings (Regulation of Reports) Act 1926 (c.61)

     (1) Amend section 1 (restriction on publication of reports of judicial proceedings) as follows.

    (2) In subsection (1)(b), for "or for restitution of conjugal rights" substitute "or for the dissolution or annulment of a civil partnership or for the separation of civil partners".

    (3) Omit subsection (5).

      Population (Statistics) Act 1938 (c.12)

      In the Schedule (particulars which may be required), in paragraph 2—

            (a)   in paragraph (a), for "or divorced;" substitute ", divorced, a civil partner or former civil partner, and, if a former civil partner, whether the civil partnership ended on death or dissolution;", and

            (b)   in paragraph (b), after "surviving spouse", insert "or civil partner".'.

   

Jacqui Smith

130

Schedule     27,     page     349,     line     27,     at end insert—

      'Limitation (Enemies and War Prisoners) Act 1945 (c.16)

      In section 2 (interpretation), in the definition of "statute of limitation", after the entry relating to the Matrimonial Causes Act 1973 insert—

        "section 51(2) of the Civil Partnership Act 2004,".'.

      Statistics of Trade Act 1947 (c.39)

      In section 10 (information from persons entering or leaving the United Kingdom by air), in subsection (1), after "marriage", insert "or civil partnership".'.

   

Jacqui Smith

131

Schedule     27,     page     350,     line     15,     at end insert—

      'In section 27 (notice of marriage), in subsection (3), for "the name and surname, marital status, occupation, place of residence and nationality of each of the persons to be married" substitute "the name and surname, occupation, place of residence and nationality of each of the persons to be married, whether either of them has previously been married or formed a civil partnership and, if so, how the marriage or civil partnership ended".

      In section 28A (power to require evidence), for subsection (3) substitute—

    "(3)   "Specified evidence", in relation to a person, means such evidence as may be specified in guidance issued by the Registrar General—

      (a) of the person's name and surname,

      (b) of the person's age,

      (c) as to whether the person has previously been married or formed a civil partnership and, if so, as to the ending of the marriage or civil partnership, and

      (d) of the person's nationality."'.

   

Jacqui Smith

132

Schedule     27,     page     351,     line     20,     leave out paragraph 9 and insert—

    '9 (1) Amend section 16 (application of Part 2) as follows.

    (2) After subsection (2)(a)(viii) insert—

      "(ix) Part 1, 7 or 8 of Schedule 6 to the Civil Partnership Act 2004, Schedule 7 to that Act or paragraph 5 or 9 of Schedule 8 to that Act;".

    (3) After subsection (2)(b)(ix) insert—

      "(x) an order made on an application under Schedule 12 to the Civil Partnership Act 2004;".

    (4) After subsection (2)(c)(ix) insert—

      "(x) Part 1, 6 or 7 of Schedule 16 to the Civil Partnership Act 2004, Schedule 17 to that Act or paragraph 5 or 9 of Schedule 18 to that Act;".'.

   

Jacqui Smith

133

Schedule     27,     page     352,     line     15,     at end insert—

      'Offices, Shops and Railway Premises Act 1963 (c.41)

      In section 2 (exception for premises in which only employer's relatives or outworkers work), in subsection (1), after "wife", insert ", civil partner".

      Industrial and Provident Societies Act 1965 (c.12)

     (1) Amend section 23 (nomination to property in society) as follows.

    (2) In subsection (2), for "husband, wife," substitute "spouse, civil partner,".

    (3) After subsection (6) insert—

    "(7)   The formation of a civil partnership by a member of a society revokes any nomination made by him before the formation of the civil partnership; but if any property of that member has been transferred by an officer of the society in pursuance of the nomination in ignorance of a civil partnership formed by the nominator after the date of the nomination—

      (a) the receipt of the nominee shall be a valid discharge to the society, and

      (b) the society shall be under no liability to any other person claiming the property."

      In section 25 (provision for intestacy), in subsection (2), after "widower", insert ", surviving civil partner".

      Criminal Appeal Act 1968 (c.19)

      In section 44A (appeals in cases of death), in subsection (3)(a), after "widower", insert "or surviving civil partner".

      Theft Act 1968 (c.60)

     (1) Amend section 30 (husband and wife) as follows.

    (2) In subsections (4) and (5), after "wife or husband", in each place except paragraph (a)(ii) to the proviso to subsection (4) insert "or civil partner".

    (3) At the end of paragraph (a)(ii) to the proviso insert "or

      (iii) an order (wherever made) is in force providing for the separation of that person and his or her civil partner.",

    and omit "or" at the end of paragraph (a)(i) to the proviso.

    (4) For the heading to section 30 substitute "Spouses and civil partners".

      In section 31 (effect on civil proceedings and rights), in subsection (1)—

            (a)   for "wife or husband" substitute "spouse or civil partner", and

            (b)   for "married after the making of the statement or admission) against the wife or husband" substitute "married or became civil partners after the making of the statement or admission) against the spouse or civil partner".

      Domestic and Appellate Proceedings (Restriction of Publicity) Act 1968 (c.63)

     (1) Amend section 2 (restriction of publicity for certain matrimonial etc. proceedings) as follows.

    (2) In subsection (1), after paragraph (d) insert—

      "(da) proceedings under Part 8 of Schedule 6 to the Civil Partnership Act 2004 (provision corresponding to the provision referred to in paragraph (c) above);

      (db) proceedings under section 58 of the 2004 Act (declarations as to subsistence etc. of civil partnership);".

    (3) In subsection (3), after "(1)(d)" insert " or (db)".

      Civil Evidence Act 1968 (c.64)

      In section 14 (privilege against incrimination of self or spouse)—

            (a)   in subsection (1)(b), for "husband or wife" substitute "spouse or civil partner", and

            (b)   in the heading, after "spouse", insert "or civil partner".

      Gaming Act 1968 (c.65)

      In Schedule 2 (grant, renewal, cancellation and transfer of licences), in paragraph 35A(8)(a) for "wife or husband" substitute "spouse or civil partner".

      Medicines Act 1968 (c.67)

      In section 114 (supplementary provisions as to rights of entry and related rights), in subsection (4), for "married) the husband or wife" substitute "married or a civil partner) the spouse or civil partner".'.

 
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Prepared 15 Oct 2004