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

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Jacqui Smith

117

Clause     252,     page     124,     line     21,     at end insert—

    '( )   Schedule (Minor and consequential amendments: Northern Ireland) extends to Northern Ireland only.'.


   

Jacqui Smith

118

Clause     253,     page     124,     line     26,     leave out 'Parts 1 and 2, including Schedules 2 to 10, come' and insert 'Part 1 comes into force in accordance with provision made by order by the Secretary of State, after consulting the Scottish Ministers and the Department of Finance and Personnel.

    ( )   Part 2, including Schedules 2 to 10, comes'.

   

Jacqui Smith

119

Clause     253,     page     124,     line     31,     leave out 'and 14' and insert 'to 20'.

   

Mr Jeffrey M. Donaldson

232

*Clause     253,     page     124,     line     33,     at end insert 'but such an order must not be made unless a draft of the statutory instrument containing the order has been laid before and approved by a resolution of the Northern Ireland Assembly.'.

   

Jacqui Smith

120

Clause     253,     page     125,     line     9,     at end insert—

      '( ) section (Gender recognition where applicant a civil partner) comes into force in accordance with provision made by order by the Secretary of State, after consulting the Scottish Ministers and the Department of Finance and Personnel,'.

   

Jacqui Smith

97

Clause     253,     page     125,     line     10,     after 'sections' insert '(Immigration control and formation of civil partnerships),'.

   

Jacqui Smith

98

Clause     253,     page     125,     line     10,     after 'Schedules' insert '(Immigration control and formation of civil partnerships),'.

   

Jacqui Smith

121

Clause     253,     page     125,     line     12,     leave out from beginning to 'and' in line 15 and insert—

      '(b) section 242 comes into force in accordance with provision made by the Department of Finance and Personnel, after consulting the Secretary of State,

      (c) subject to paragraph (d), section 244(1) and Schedule 24 come into force in accordance with provision made by order by the Secretary of State,

      (d) the provisions of Schedule 24 listed in subsection (7A), and section 244(1) so far as relating to those provisions, come into force in accordance with provision made by the Department of Finance and Personnel, after consulting the Secretary of State, and

      (e) sections 244(2) to (6)'.

   

Jacqui Smith

122

Clause     253,     page     125,     line     16,     at end insert—

    '(7A)   The provisions are—

      (a) Part 2;

      (b) in Part 5, paragraphs 62 to 80, 81, 83 to 92 and 95 to 97;

      (c) Part 6;

      (d) Parts 9 and 10;

      (e) Part 13.'.

   

Jacqui Smith

123

Clause     253,     page     125,     line     21,     after 'Parliament' insert 'or any provision which extends to Northern Ireland only'.

   

Jacqui Smith

124

Clause     253,     page     125,     line     23,     leave out 'and'.

   

Jacqui Smith

125

Clause     253,     page     125,     line     27,     at end insert ', and

      ( ) section 251(2A) and Schedule (Minor and consequential amendments: Northern Ireland) and, so far as relating to any provision which extends to Northern Ireland only, section 251(3) and Schedule 29 come into force in accordance with provision made by order by the Department of Finance and Personnel, after consulting the Secretary of State.'.


   

Mr Christopher Chope

229

Clause     254,     page     125,     line     31,     leave out 'Civil' and insert 'Same Sex'.

   

Jacqui Smith

126

Clause     254,     page     125,     line     32,     leave out subsection (2).


NEW CLAUSES

Separation

   

Jacqui Smith
Mrs Anne McGuire

NC1

To move the following Clause:—

    '(1)   An action for the separation of the civil partners in a civil partnership may be brought in the Court of Session or in the sheriff court.

    (2)   In such an action the court may grant decree if satisfied that the circumstances set out in any of paragraphs (a) to (d) of section 115(3) are established.'.


Applications under section 66 by former civil partners

   

Jacqui Smith

NC2

To move the following Clause:—

    '(1)   This section applies where a civil partnership has been dissolved or annulled.

    (2)   Subject to subsection (3), an application may be made under section 66 (including that section as extended by section 67) by either former civil partner despite the dissolution or annulment (and references in those sections to a civil partner are to be read accordingly).

    (3)   The application must be made within the period of 3 years beginning with the date of the dissolution or annulment.'.


Evidence

   

Jacqui Smith

NC3

To move the following Clause:—

    '(1)   Any enactment or rule of law relating to the giving of evidence by a spouse applies in relation to a civil partner as it applies in relation to the spouse.

    (2)   Subsection (1) is subject to any specific amendment made by or under this Act which relates to the giving of evidence by a civil partner.

    (3)   For the avoidance of doubt, in any such amendment, references to a person's civil partner do not include a former civil partner.

    (4)   References in subsections (1) and (2) to giving evidence are to giving evidence in any way (whether by supplying information, making discovery, producing documents or otherwise).

    (5)   Any rule of law—

      (a) which is preserved by section 7(3) of the Civil Evidence Act 1995 (c.38) or section 118(1) of the Criminal Justice Act 2003 (c.44), and

      (b) under which in any proceedings evidence of reputation or family tradition is admissible for the purpose of proving or disproving the existence of a marriage,

    is to be treated as applying in an equivalent way for the purpose of proving or disproving the existence of a civil partnership.'.


Succession: legal rights arising by virtue of civil partnership

   

Jacqui Smith
Mrs Anne McGuire

NC4

To move the following Clause:—

    '(1)   Where a person dies survived by a civil partner then, unless the circumstance is as mentioned in subsection (2), the civil partner has right to half of the moveable net estate belonging to the deceased at the time of death.

    (2)   That circumstance is that the person is also survived by issue, in which case the civil partner has right to a third of that moveable net estate and those issue have right to another third of it.

    (3)   In this section—

        "issue" means issue however remote, and

        "net estate" has the meaning given by section 36(1) (interpretation) of the Succession (Scotland) Act 1964 (c.41).

    (4)   Every testamentary disposition executed after the commencement of this section by which provision is made in favour of the civil partner of the testator and which does not contain a declaration to the effect that the provision so made is in full and final satisfaction of the right to any share in the testator's estate to which the civil partner is entitled by virtue of subsection (1) or (2), has effect (unless the disposition contains an express provision to the contrary) as if it contained such a declaration.

    (5)   In section 36(1) of the Succession (Scotland) Act 1964 (c.41), in the definition of "legal rights", for "and legitim" substitute "legitim and rights under section (Succession: legal rights arising by virtue of civil partnership) of the Civil Partnership Act 2004".'.


Validity of civil partnerships registered outside Northern Ireland

   

Jacqui Smith

NC5

To move the following Clause:—

    '(1)   Where two people register as civil partners of each other in England or Wales, the civil partnership is—

      (a) void, if it would be void in England and Wales under section 49, and

      (b) voidable, if the circumstances fall within any paragraph of section 170(1).

    (2)   Where two people register as civil partners of each other in Scotland, the civil partnership is—

      (a) void, if it would be void in Scotland under section 120, and

      (b) voidable, if the circumstances fall within section 170(1)(d).

    (3)   Subsection (4) applies where two people register as civil partners of each other under an Order in Council under—

      (a) section 202 (registration at British consulates etc.), or

      (b) section 203 (registration by armed forces personnel),

    ("the relevant section").

    (4)   The civil partnership is—

      (a) void, if—

      (i) the condition in subsection (2)(a) or (b) of the relevant section is not met, or

      (ii) a requirement prescribed for the purposes of this paragraph by an Order in Council under the relevant section is not complied with, and

      (b) voidable, if—

      (i) the appropriate part of the United Kingdom is Northern Ireland or England and Wales and the circumstances fall within any paragraph of section 170(1), or

      (ii) the appropriate part of the United Kingdom is Scotland and the circumstances fall within section 170(1)(d).

    (5)   The appropriate part of the United Kingdom is the part by reference to which the condition in subsection (2)(b) of the relevant section is met.

    (6)   Subsections (7) and (8) apply where two people have registered an apparent or alleged overseas relationship.

    (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.

    (8)   The civil partnership is voidable if—

      (a) the overseas relationship is voidable under the relevant law,

      (b) the circumstances fall within section 170(1)(d), or

      (c) where either of the parties was domiciled in Northern Ireland or England and Wales at the time when the overseas relationship was registered, the circumstances fall within section 170(1)(a), (b), (c) or (e).

    (9)   Section 171 applies for the purposes of—

      (a) subsections (1)(b), (2)(b) and (4)(b),

      (b) subsection (8)(a), in so far as applicable in accordance with the relevant law, and

      (c) subsection (8)(b) and (c).

    (10)   In subsections (8)(a) and (9)(b) "the relevant law" means the law of the country or territory where the overseas relationship was registered (including its rules of private international law).

    (11)   For the purposes of subsections (8) and (9)(b) and (c), references in sections 170 and 171 to the formation of a civil partnership are to be read as references to the registration of the overseas relationship.'.


 
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