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Jacqui Smith
154
Schedule 27, page 363, line 12, at end insert—
'Employment Rights Act 1996 (c.18)
| | | In section 57A (time off for dependants), in subsection (3)(a), after "spouse", insert "or civil partner". |
Family Law Act 1996 (c.27)
| | (1) | Amend section 64 (provision for separate representation for children) as follows. |
| (2) | Omit "or" at the end of subsection (1)(c). |
| (3) | At the end of subsection (1)(d) insert "or |
| (e) | Schedule 6 or 7 to the Civil Partnership Act 2004."'. |
Jacqui Smith
155
Schedule 27, page 363, line 15, at end insert—
'Civil Procedure Act 1997 (c.12)
| | | In section 7 (power of courts to make orders for preserving evidence etc.), in subsection (7), after "spouse" insert "or civil partner". |
National Minimum Wage Act 1998 (c.39)
| | | In section 14 (powers of officers), in subsection (2), for "married, the person's spouse" substitute "married or a civil partner, the person's spouse or civil partner". |
Access to Justice Act 1999 (c.22)
| | | In Schedule 2 (community legal service: excluded services), in paragraph 2(3)(d), after "Domestic Proceedings and Magistrates' Courts Act 1978" insert "or Schedule 7 to the Civil Partnership Act 2004".'. |
Jacqui Smith
156
Schedule 27, page 366, line 43, at end insert—
'Representation of the People Act 2000 (c.2)
| | (1) | Amend Schedule 4 (absent voting in Great Britain) as follows. |
| (2) | In paragraph 3(3)(c), for "his spouse," (in both places) substitute "his spouse or civil partner,". |
| (3) | In paragraph 6(6), for "husband, wife," substitute "spouse, civil partner,".'. |
Jacqui Smith
157
Schedule 27, page 367, line 2, at end insert—
'Land Registration Act 2002 (c.9)
| | | In section 125 (privilege against self-incrimination), in subsection (2), after "spouse", insert "or civil partner".'. |
Jacqui Smith
158
Schedule 27, page 367, line 5, at end insert—
| | | 'In section 222 (bodies corporate: accessories), in subsection (10), after "spouse", in paragraphs (a), (c), (d) and (e) (in each place) insert "or civil partner". |
Licensing Act 2003 (c.17)
| | | In section 101 (minimum of 24 hours between event periods), in subsection (3)(a) and (d), after "spouse", insert "or civil partner".'. |
Jacqui Smith
159
Schedule 27, page 367, line 9, at end insert—
'Courts Act 2003 (c.39)
| | | In section 76 (further provision about scope of Family Procedure Rules), in subsection (2)(b), after "divorce county court" insert "or civil partnership proceedings county court (within the meaning of Part 5 of the Matrimonial and Family Proceedings Act 1984)".'. |
Jacqui Smith
160
Schedule 27, page 367, line 22, at end insert—
| '85 | (1) | Amend section 43 (sections 38 and 41: 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 43 for "marriage exception" substitute "exception for spouses and civil partners".'. |
Jacqui Smith
Mrs Anne McGuire
99
Schedule 28, page 368, line 13, at end insert—
| | | 'In section 36(1) (interpretation), in the definition of "prior rights", after "spouse" insert "or civil partner".'. |
Jacqui Smith
Mrs Anne McGuire
100
Schedule 28, page 374, line 2, at end insert—
| | | 'In section 16(4) (presentation of petition for recall of sequestration), for "section 41(1)(b)" substitute "sections 41(1)(b) and 41A(1)(b)". |
| | | In section 17(8)(b) (duties of clerk of court in relation to recall of sequestration), after "41(1)(b)(ii)" insert "or 41A(1)(b)(ii)".'. |
Jacqui Smith
Mrs Anne McGuire
101
Schedule 28, page 374, line 8, at end insert—
| | | 'In section 34(7) (gratuitous alienations: saving for operation of Married Women's Policies of Assurance (Scotland) Act 1880), at the end insert "including the operation of that section as applied by section 128 of the Civil Partnership Act 2004".'. |
Jacqui Smith
Mrs Anne McGuire
102
Schedule 28, page 374, line 13, at end insert—
'( ) In paragraph (d) of that subsection, for "paragraph (a) or (b)" substitute "paragraphs (a) to (b)".'.
Jacqui Smith
Mrs Anne McGuire
103
Schedule 28, page 375, line 14, at end insert—
| | ' | In section 51(3)(b) (meaning of "postponed debt"), at the end insert "or civil partner".'. |
Jacqui Smith
Mrs Anne McGuire
104
Schedule 28, page 375, line 16, at end insert—
| | '(1) | Amend Schedule 1 (determination of amount of creditor's claim) as follows. |
| (2) | In paragraph 2(1)(a), the words "in the case of spouses (or, where the aliment is payable to a divorced person in respect of a child, former spouses)" become paragraph 2(1)(a)(i). |
| (3) | At the end of paragraph 2(1)(a)(i) insert ", or |
| (ii) | in the case of civil partners (or, where the aliment is payable to a former civil partner in respect of a child after dissolution of a civil partnership, former civil partners),". |
| (4) | In paragraph 2(2), after "divorce" insert "or on dissolution of a civil partnership".'. |
Jacqui Smith
Mrs Anne McGuire
179
Schedule 28, page 377, leave out lines 18 to 21 and insert—
'(1) Amend section 105 (meaning of "member of a person's family") as follows.
(2) In subsection (1)(a)—
| (a) | after "spouse" insert "or civil partner", and |
| (b) | at the end insert "or in a relationship which has the characteristics of the relationship between civil partners". |
(3) In subsection (2)(a), after "a relationship by marriage" insert "or civil partnership".'.
Jacqui Smith
Mrs Anne McGuire
105
Schedule 28, page 377, line 23, leave out paragraphs 46 to 53.
Jacqui Smith
Mrs Anne McGuire
106
Schedule 28, page 378, line 28, at end insert—
'Debtors (Scotland) Act 1987 (c.18)
| | | In section 106 (interpretation), in paragraph (a) of the definition of "maintenance order"— |
(a) after "divorce" insert "or on dissolution of a civil partnership", and
(b) after "marriage" insert "or of nullity of a civil partnership".'.
Jacqui Smith
107
Schedule 29, page 382, line 12, at end insert—
'Family provision: Northern Ireland
| Title and number | Extent of revocation |
| Inheritance (Provision for Family and Dependants) (Northern Ireland) Order 1979 (S.I. 1979/924 (N.I. 8)) | In Article 5(2), "and" immediately following sub-paragraph (b). |
Family homes and domestic violence: Northern Ireland
| Title and number | Extent of revocation |
| Family Homes and Domestic Violence (Northern Ireland) Order 1998 (S.I. 1998/1071 (N.I. 6)) | In Article 2(2), the definition of "matrimonial home rights". |
| In Schedule 2, "or" at the end of paragraph 4(1)(a).'. |
Jacqui Smith
108
Schedule 29, page 382, line 16, at end insert—
| 'Sex Discrimination (Northern Ireland) Order 1976 (S.I.1976/1042 (N.I. 15)) | Article 3(4).'. |
Jacqui Smith
109
Schedule 29, page 382, line 18, at end insert—
| 'Child Support Act 1991 (c.48) | In section 8(11), "or" at the end of paragraph (e). |
| Child Support (Northern Ireland) Order 1991 (S.I.1991/2628 (N.I. 23)) | In Article 10(11), "or" at the end of sub-paragraph (dd).'. |
Jacqui Smith
110
Schedule 29, page 383, line 19, at end insert—
| 'Judicial Proceedings (Regulation of Reports) Act 1926 (c.61) | Section 1(5).'. |
Jacqui Smith
111
Schedule 29, page 383, line 20, at end insert—
| 'Theft Act 1968 (c.60) | In section 30(4), "or" at the end of paragraph (a)(i) to the proviso.'. |
Jacqui Smith
112
Schedule 29, page 383, line 24, at end insert—
| 'Courts and Legal Services Act 1990 (c.41) | In section 58A, "and" at the end of subsection (2)(f). |
| Family Law Act 1996 (c.27) | In section 64, "or" at the end of subsection (1)(c).'. |
Jacqui Smith
113
Schedule 29, page 383, line 39, at end insert—
'Minor and consequential amendments: Northern Ireland
| Title and number | Extent of revocation |
| Welfare Reform and Pensions (Northern Ireland) Order 1999 (S.I. 1999/3147 (N.I. 11)) | At the end of Article 22(b), "or". |
| In Article 31(1)(b)(i) and (2), "matrimonial".'. |
Jacqui Smith
165
Clause 252, page 124, line 5, after 'Wales),' insert 'excluding section (Power to assimilate provisions relating to civil registration in England and Wales) but'.
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