Vote Bundle Text (941019-11)

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

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Applications under section 186 by former civil partners etc.

Jacqui Smith

NC6

To move the following Clause:—

'(1) Where a civil partnership has been dissolved or annulled or is void (whether or not it has been annulled), either party may make an application under section 186 (or under that section as extended by section 187) and references in those sections to a civil partner are to be read accordingly.

(2) An application under subsection (1) must—

(a)	where the civil partnership has been dissolved or annulled, be made within the period of 3 years beginning with the date of the dissolution or annulment, and

(b) where a civil partnership is void but has not been annulled and the parties have ceased to live together in the same household, be made within the period of 3 years beginning with the date on which they ceased so to live together.'.

Evidence (No. 2)

Jacqui Smith

NC7

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 Article 22(1) of the Criminal Justice (Evidence) (Northern Ireland) Order 2004, 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.'.

Restriction on publicity of reports of proceedings

Jacqui Smith

NC8

To move the following Clause:—

'Section 1 of the Matrimonial Causes (Reports) Act (Northern Ireland) 1966 (c.29 (N.I.)) (restriction on publication of reports of proceedings) shall extend to proceedings—

(a) for the dissolution or annulment of a civil partnership or for the legal separation of civil partners,

(b) under section 176,

(d) under Part 9 of Schedule 16 in relation to an order under Part 7 of that Schedule.'.

Gender recognition where applicant a civil partner

Jacqui Smith

NC9

To move the following Clause:—

'(1) Amend the Gender Recognition Act 2004 (c. 7) as follows.

(2) In—

(a) section 3 (evidence), in subsection (6)(a), and

(b) section 4 (successful applications), in subsections (2) and (3),

after "is married" insert "or a civil partner".

(3) In section 5 (subsequent issue of full certificates)—

(a) in subsection (2), after "is again married" insert "or is a civil partner",

(b) in subsection (6)(a), for "is not married" substitute "is neither married nor a civil partner", and

(4) After section 5 insert—

"5A Issue of full certificates where applicant has been a civil partner

(1) A court which—

(a) makes final a nullity order made on the ground that an interim gender recognition certificate has been issued to a civil partner, or

(b) (in Scotland) grants a decree of dissolution on that ground,

must, on doing so, issue a full gender recognition certificate to that civil partner and send a copy to the Secretary of State.

(2) If an interim gender recognition certificate has been issued to a person and either—

(a) the person's civil partnership is dissolved or annulled (otherwise than on the ground mentioned in subsection (1)) in proceedings instituted during the period of six months beginning with the day on which it was issued, or

(b) the person's civil partner dies within that period,

the person may make an application for a full gender recognition certificate at any time within the period specified in subsection (3) (unless the person is again a civil partner or is married).

(3) That period is the period of six months beginning with the day on which the civil partnership is dissolved or annulled or the death occurs.

(4) An application under subsection (2) must include evidence of the dissolution or annulment of the civil partnership and the date on which proceedings for it were instituted, or of the death of the civil partner and the date on which it occurred.

(5) An application under subsection (2) is to be determined by a Gender Recognition Panel.

(6) The Panel—

(a) must grant the application if satisfied that the applicant is neither a civil partner nor married, and

(b) otherwise must reject it.

(7) If the Panel grants the application it must issue a full gender recognition certificate to the applicant."

(5) In—

(a) section 7 (applications: supplementary), in subsection (1),

(b) section 8 (appeals etc.), in subsections (1) and (5), and

after "5(2)" insert ", 5A(2)".

(6) In section 21 (foreign gender change and marriage), in subsection (4), after "entered into a later (valid) marriage" insert "or civil partnership".

(7) In section 25 (interpretation), in the definition of "full gender recognition certificate" and "interim gender recognition certificate", for "or 5" substitute ", 5 or 5A".

(8) In Schedule 1 (Gender Recognition Panels), in paragraph 5, after "5(2)" insert ", 5A(2)".

(9) In Schedule 3 (registration), in paragraphs 9(1), 19(1) and 29(1), for "or 5(2)" substitute ", 5(2) or 5A(2)".'.

Immigration control and formation of civil partnerships

Jacqui Smith

NC10

To move the following Clause:—

Immigration control and formation of civil partnerships

Power to assimilate provisions relating to civil registration in England and Wales

Jacqui Smith

NC11

To move the following Clause:—

'(1) The Chancellor of the Exchequer may by order make—

(a) such amendments of this Act as appear to him appropriate for the purpose of assimilating any provision connected with the formation or recording of civil partnerships in England and Wales to any provision made (whether or not under an order under section 1 of the Regulatory Reform Act 2001 (c.6)) in relation to civil marriage in England and Wales, and

(b) such amendments of other enactments and of subordinate legislation as appear to him appropriate in consequence of any amendments made under paragraph (a).

(2) "Civil marriage" means marriage solemnised otherwise than according to the rites of the Church of England or any other religious usages.

(3) "Amendment" includes repeal or revocation.

(4) "Subordinate legislation" has the same meaning as in the Interpretation Act 1978 (c.30).'.

Appeal against refusal of registration authority to find lawful impediment

Mr Christopher Chope

NC12

To move the following Clause:—

'(1) If the registration authority has refused to uphold an objection to a proposed civil partnership the person who made the objection may within 7 days appeal to the Registrar General.

(2) On an appeal under this section the Registrar General must either uphold the appeal or direct that a civil partnership schedule be issued.'.

NEW SCHEDULES

Jacqui Smith

NS1

To move the following Schedule:—

"Minor and consequential amendments: Northern Ireland

Interpretation Act (Northern Ireland) 1954 (c.33 (N.I.))

In section 46 (miscellaneous definitions), in subsection (2), after the definition of "barrister-at-law" insert—

""civil partnership" means a civil partnership which exists under the Civil Partnership Act 2004 (and any reference to a civil partner shall be construed accordingly);".

Trustee Act (Northern Ireland) 1958 (c. 23 (N.I.))

(1)

Amend section 32(3)(a) (trust on reaching 18 or marrying under that age of accumulations during infancy) as follows.

(2)	In sub-paragraph (i)—

(3)	In sub-paragraph (ii), after "marriage" insert ", or on formation of a civil partnership,".

(4)	In the words after that sub-paragraph, after "marriage" insert "or formation of a civil partnership".

(1)

Amend section 34(1)(b) (trust to maintain principal beneficiary and his spouse and issue on failure of protective trust under paragraph (a)(ii)) as follows.

(2)	In sub-paragraphs (i) and (ii), for "wife or husband" substitute "spouse or civil partner".

(3)	In sub-paragraph (ii), after "married" insert "or formed a civil partnership".

Perpetuities Act (Northern Ireland) 1966 (c. 2 (N.I.))

(1)

Amend section 3 (uncertainty as to remoteness) as follows.

(2)	In subsection (4)(a), after "spouse" insert "or civil partner".

(3)	In subsection (5)(f), after "spouse" insert "or civil partner".

(1)

Amend section 5 (condition relating to death of surviving spouse) as follows.

(2)	After "spouse" insert "or civil partner".

(3)	In the heading to section 5, after "spouse" insert "or civil partner".

Office and Shop Premises Act (Northern Ireland) 1966 (c.26 (N.I.))

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

Maintenance and Affiliation Orders Act (Northern Ireland) 1966 (c. 35 (N.I.))

In section 10 (orders to which Part 2 of the Act applies), in subsection (2), after paragraph (h) insert—

"(i)	paragraph 2(1)(a) or (d), 25, 26(3) or 28(1)(a) or (d) of Schedule 16, Schedule 17, or paragraph 9 of Schedule 18 so far as that paragraph applies Part 1 of Schedule 16, to the Civil Partnership Act 2004;".

(1)

Amend section 13 (variation of orders registered in courts of summary jurisdiction) as follows.

(2)	In subsection (5A), after "1980" insert "or paragraph 42 of Schedule 17 to the Civil Partnership Act 2004".

(3)	In subsection (7B), after "1989" insert "or paragraph 9 of Schedule 18 so far as that paragraph applies Part 1 of Schedule 16".

Census Act (Northern Ireland) 1969 (c.8 (N.I.))

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

Theft Act (Northern Ireland) 1969 (c. 16 (N.I.))

(1)

Amend section 29(1) (effect on civil proceedings and rights) as follows.

(2)	For "wife or husband" substitute "spouse or civil partner".

(3)	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".

Industrial and Provident Societies Act (Northern Ireland) 1969 (c. 24 (N.I.))

(1)

Amend section 22 (nomination to property in society) as follows.

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

(3)	In subsection (6)—

In the definition of "member of the family" in section 101(1) (interpretation), for "husband, wife," substitute "spouse, civil partner,".

Land Registration Act (Northern Ireland) 1970 (c.18 (N.I.))

In Schedule 11 (matters required to be registered in the Statutory Charges Register), after paragraph 45 insert—

"46

An order under paragraph 59(2) of Schedule 16 to the Civil Partnership Act 2004 to the extent that by virtue of paragraph 61(1)(b) of that Schedule it renders liable to be set aside at the instance of an applicant for financial relief a disposition of any land in Northern Ireland which is specified in the order."

Leasehold (Enlargement and Extension) Act (Northern Ireland) 1971 (c. 7 (N.I.))

In section 1 (general right to acquire fee simple or to obtain extension of lease), in subsection (3)(f)(i) to (iv), after "spouse" insert "or civil partner".

In section 19 (restrictions on right to extension of lease or to acquire fee simple), in subsection (1)(a)(i), after "spouse" insert "or civil partner".

Civil Evidence Act (Northern Ireland) 1971 (c. 36 (N.I.))

(1)

Amend section 10 (privilege against incrimination of self or spouse).

(2)	In subsection (1), for "husband or wife" substitute "spouse or civil partner".

(3)	In the heading to section 10, after "spouse" insert "or civil partner".

Local Government Act (Northern Ireland) 1972 (c. 9 (N.I.))

In section 30 (relatives of councillors), in subsection (6) (relevant family relationship)—

In section 146 (interpretation: pecuniary interests), in subsection (2) (interests of spouses living together)—

Employers' Liability (Defective Equipment and Compulsory Insurance) (Northern Ireland) Order 1972 (S.I. 1972/963 (N.I. 6))

In Article 6(a) (persons whom employer is not required to insure) after "husband, wife," insert "civil partner,".

Births and Deaths Registration (Northern Ireland) Order 1976 (S.I. 1976/1041 (N.I. 14))

In Article 2(2) (interpretation), in the definition of "relative", after "by marriage" insert "or civil partnership".

Sex Discrimination (Northern Ireland) Order 1976 (S.I. 1976/1042 (N.I. 15))

In Article 2(6) (meaning of "near relative")—

Pharmacy (Northern Ireland) Order 1976 (S.I. 1976/1213 (N.I. 22))

In Article 3(3)(e)(iii) (objects of Pharmaceutical Society include providing relief for distressed relatives), for "widows," substitute "surviving spouses, surviving civil partners,".

Criminal Damage (Northern Ireland) Order 1977 (S.I. 1977/426 (N.I. 4))

(1)

Amend Article 11 (evidence in connection with offences under the Order) as follows.

(2)	For "wife or husband" substitute "spouse or civil partner".

(3)	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".

Judicature (Northern Ireland) Act 1978 (c. 23)

In section 31 (remittal and removal of proceedings), in subsection (7)(b), after "1882" insert "or section 186 of the Civil Partnership Act 2004".

(1)

Amend section 35(2) (restrictions on appeals to Court of Appeal from High Court) as follows.

(2)	After paragraph (e) insert—

"(ea)

from a dissolution order, nullity order or presumption of death order under Chapter 2 of Part 4 of the Civil Partnership Act 2004 that has been made final, by a party who, having had time and the opportunity to appeal from the conditional order on which the final order was founded, has not appealed from that conditional order;".

(3)	In paragraph (g)(iv), after "matrimonial cause" insert ", a conditional order in a civil partnership cause".

(1)

Amend section 94A (withdrawal of privilege against incrimination of self or spouse in certain proceedings) as follows.

(2)	In subsection (1), after "spouse" insert "or civil partner".

(3)	In subsection (3), for "married after the making of the statement or admission) against the spouse" substitute "married or became civil partners after the making of the statement or admission) against the spouse or civil partner".

Health and Safety at Work (Northern Ireland) Order 1978 (S.I. 1978/1039 (N.I. 9))

In Article 22 (powers of inspectors), in paragraph (7), for "husband or wife" substitute "spouse or civil partner".

Matrimonial Causes (Northern Ireland) Order 1978 (S.I. 1978/1045 (N.I. 15))

(1)

Insert after Article 2(4)—

"(4A) References in this Order to the formation of a civil partnership by a person include references to a civil partnership which is by law void or voidable."

In Article 13 (grounds on which marriage is void), at the end of paragraph (1)(d) insert "or a civil partner".

(1)

Amend Article 17 (marriages governed by foreign law or celebrated abroad under certain enactments or common law) as follows.

(2)	In paragraph (1), at the beginning insert "Subject to paragraph (3)".

(3)	After paragraph (2) insert—

"(3) No marriage is to be treated as valid by virtue of paragraph (1) if, at the time when it purports to have been celebrated, either party was already a civil partner."

(1)

Amend Article 30 (duration of continuing financial provision orders in favour of party to marriage, and effect of remarriage) as follows.

(2)	In paragraph (1)(a) and (b) after "remarriage of" insert ", or formation of a civil partnership by,".

(3)	In paragraph (2)—

(4)	In paragraph (3), after "remarries whether at any time before or after the commencement of this Article", insert "or forms a civil partnership".

(5)	In the heading to Article 30, after "remarriage" insert "or formation of civil partnership".

In Article 37 (alteration of agreements by court during lives of parties), in paragraph (4)(a) and (b), after "remarriage of" insert ", or formation of a civil partnership by,".

(1)

Amend Article 40 (orders for repayment in certain cases of sums paid after cessation of order by reason of remarriage) as follows.

(2)	In paragraph (1)—

(3)	In paragraph (6)—

(4)	In the heading to Article 40, after "remarriage" insert "or formation of civil partnership".

Rehabilitation of Offenders (Northern Ireland) Order 1978 (S.I. 1978/1908 (N.I. 27))

In Article 8 (limitations on rehabilitation), in paragraph (2)(c), after "marriage," insert "civil partnership,".

Criminal Appeal (Northern Ireland) Act 1980 (c. 47)

In section 47A (appeals in cases of death), in subsection (3)(a), after "widower" insert "or surviving civil partner".

County Courts (Northern Ireland) Order 1980 (S.I. 1980/397 (N.I. 3))

In Article 10 (general civil jurisdiction), after paragraph (3) insert—

"(3A) Except as provided by the Civil Partnership Act 2004, a county court which is not a civil partnership proceedings county court shall not have jurisdiction to hear any cause or matter to which that Act applies."

In Article 14 (jurisdiction in equity matters), in paragraph (j), after "1882" insert "or section 186 of the Civil Partnership Act 2004".

In Article 39 (capacity of parties), in paragraph (2)(d), after "marriage, death or bankruptcy of" insert ", or the formation of a civil partnership by,".

Domestic Proceedings (Northern Ireland) Order 1980 (S.I. 1980/563 (N.I. 5))

In Article 6 (duration of orders for financial provision for a party to a marriage), in paragraph (2)—

(1)

Amend Article 40 (orders for repayment in certain cases of sums paid after cessation of order by reason of remarriage) as follows.

(2)	In paragraph (1)—

(3)	In paragraph (8)—

(i)	after "the remarriage" insert "or the formation of that civil partnership", and

(ii)	after "had remarried" insert "or formed a civil partnership".

(4)	In the heading to Article 40, after "remarriage" add "or formation of civil partnership".

Judgments Enforcement (Northern Ireland) Order 1981 (S.I. 1981/226 (N.I. 6)

In Article 4 (judgments to which Order applies), in paragraph (e), after "1980" insert "or Part 1, 2 or 6 of Schedule 17 to the Civil Partnership Act 2004".

In Article 6 (judgments to which Order does not apply), in paragraph (c), after "matrimonial jurisdiction" insert "or by the High Court or a civil partnership proceedings county court in the exercise of its civil partnership jurisdiction".

In Article 7 (The Enforcement of Judgments Office), in paragraph (3), after "domestic" insert "or civil partnership".

In Article 25 (taking custody of goods under a money judgment), in paragraph (2)(b), after "spouse" insert "or civil partner".

In Article 32 (property which may be seized), in paragraph (d), after "spouse" (in each place) insert "or civil partner".

In Article 33 (property exempt from seizure), in paragraph (a), after "spouse" (in each place) insert "or civil partner".

In Article 36 (where seizure may be effected), in paragraph (a)(i), after "spouse" insert "or civil partner".

In Article 38 (power of entry under order of seizure), after "spouse" insert "or civil partner".

In Article 44 (interpleader), in paragraph (1), after "spouse" insert "or civil partner".

(1)

Amend Article 96A (maintenance orders in the High Court and divorce county courts) as follows.

(2)	In paragraphs (1), (3)(a), (7) and (9) after "divorce county court" insert (in each place) "or civil partnership proceedings county court".

(3)	In the heading to Article 96A, for "divorce" substitute "certain".

(1)

Amend Article 98 (power of courts to make attachment of earnings orders) as follows.

(2)	In paragraph (a)(i), after "matrimonial" insert "or civil partnership".

(3)	In paragraph (a)(ii), after "matrimonial jurisdiction" insert "or a civil partnership proceedings county court in the exercise of its civil partnership jurisdiction".

(1)

Amend Article 107 (committal for default) as follows.

(2)	In paragraph (1)(c), after "matrimonial jurisdiction" insert "or by the High Court or a civil partnership proceedings county court in the exercise of its civil partnership jurisdiction".

(3)	In paragraph (2)(a)(ii), after "matrimonial" insert "or civil partnership".

Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 (S.I. 1981/228 (N.I. 8))

In Article 14(4) (resources of person's wife or husband treated as resources of that person), for "wife or husband" substitute "spouse or civil partner".

In Part 1 of Schedule 1 (proceedings for which legal aid may be given), in paragraph 3(b), after "1998" insert "or Schedule 17 to the Civil Partnership Act 2004".

Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26))

In Article 85 (orders for periodical payment: means of payment), in paragraph (8)(a)(ii), after "1980" insert ", the Civil Partnership Act 2004".

In Article 86 (revocation, variation, etc., of orders for periodical payment), in paragraph (1), after "1980" insert "and paragraph 42 of Schedule 17 to the Civil Partnership Act 2004".

In Article 88 (nature of domestic proceedings), after paragraph (dh), insert—

In Article 98 (enforcement of orders for periodical payment of money), in paragraph (11)(i), after "1980" insert "or Schedule 17 to the Civil Partnership Act 2004".

In Article 99 (enforcement of orders for payment of money other than periodical payments), in paragraph (11), after "1980" insert "or Part 1, 2 or 6 of Schedule 17 to the Civil Partnership Act 2004".

In Article 143 (appeals in other cases), after paragraph (3) insert—

"(4) Paragraph (1) is also subject to paragraph 8(2) of Schedule 17 to the Civil Partnership Act 2004 and Article 31(1) of the Domestic Proceedings (Northern Ireland) 1980 as applied by paragraph 46 of that Schedule."

In Article 164 (appearance by counsel or solicitor), in paragraph (3), for "husband, wife" substitute "spouse, civil partner".

Criminal Attempts and Conspiracy (Northern Ireland) Order 1983 (S.I. 1983/1120 (N.I. 13))

In Article 10 (exemptions from liability for conspiracy), in paragraph (2)(a), after "spouse" insert "or civil partner".

Forfeiture (Northern Ireland) Order 1982 (S.I. 1982/1082 (N.I. 14))

In Article 5 (application for financial provision not affected by the forfeiture rule), at the end of paragraph (2)(b) insert "and

Family Law (Miscellaneous Provisions) (Northern Ireland) Order 1984 (S.I. 1984/1984 (N.I. 14))

(1)

Amend Article 18 (prohibited degrees of relationship) as follows.

(2)	In paragraph (1), for the words from "between a man" to "that Table" substitute "between a person and any person mentioned in the list in Part 1 of the following Table".

(3)	For the Table in paragraph (1) substitute—

"Part 1

Prohibited Degrees of Relationship

Part 2 Degrees of Affinity referred to in Paragraphs (2A) and (2B)

Part 3 Degrees of Affinity referred to in Paragraphs (2C) and (2D)

(4)	In paragraph (2)—

(5)	In paragraph (2A), for the words from "between a man" to "that Part II" substitute "between a person and any person mentioned in the list in Part 2 of that Table".

(6)	In paragraph (2C), for the words from "between a man" to "that Part III" substitute "between a person and any person mentioned in the list in Part 3 of that Table".

(7)	In paragraph (2D), for sub-paragraphs (a) to (d) substitute—

Credit Unions (Northern Ireland) Order 1985 (S.I. 1985/1205 (N.I. 12))

(1)

Amend Article 2(2) (interpretation) as follows.

(2)	After the definition of "board of directors" insert—

""civil partner" includes former civil partner;".

(3)	In the definition of "member of the family"—

(1)

Amend Article 17 (nomination to property in credit union) as follows.

(2)	In paragraph (2), after "wife," insert "civil partner,".

(3)	In paragraph (6)—

Mental Health (Northern Ireland) Order 1986 (S.I. 1986/595 (N.I. 4))

(1)

Amend Schedule 1 (persons by whom a medical recommendation or medical report under Article 12 may not be given) as follows.

(2)	In paragraph 3, after "spouse," insert "civil partner,".

(3)	In paragraph 4, after "spouse" insert "or civil partner".

Companies (Northern Ireland) Order 1986 (S.I. 1986/1032 (N.I. 6))

(1)

Amend Article 10A (meaning of "offer to the public") as follows.

(2)	In paragraph (3)(a)(iii), for "widow or widower" substitute "surviving spouse or surviving civil partner".

(3)	In paragraph (6)(a), after "spouse" insert "or civil partner".

In Article 11 (employees' share scheme), in paragraph (b), for "wives, husbands, widows, widowers" substitute "spouses, civil partners, surviving spouses, surviving civil partners".

In Article 211 (notification of family and corporate interests), in paragraph (1), after "spouse" insert "or civil partner".

(1)

Amend Article 335 (extension of Article 331 to spouses and children) as follows.

(2)	In paragraph (1)—

(3)	In the heading to Article 335, after "spouses" insert ", civil partners".

(1)

Amend Article 336 (extension of Article 332 to spouses and children) as follows.

(2)	In paragraphs (1)(a) and (2)(a), after "wife or husband" insert "or civil partner".

(3)	In paragraph (3)—

(4)	In the heading to Article 336, after "spouses" insert ", civil partners".

In Article 354 (connected persons) in paragraph (2)—

In Article 423E (associates), in paragraph (8) after "spouse" insert "or civil partner".

In Schedule 7 (matters to be dealt with in directors' report), in paragraph 2B(3) (immediate family), after "spouse" insert ", civil partner".

Enduring Powers of Attorney (Northern Ireland) Order 1987 (S.I. 1987/1627 (N.I. 16))

In Article 5 (scope of authority etc. of attorney under enduring power), in paragraph (5)(a), for "or marriage" substitute "marriage or the formation of a civil partnership".

(1)

Amend paragraph 2(1) of Schedule 1 (persons entitled to receive notice) as follows.

(2)	In head (a), after "wife" insert "or civil partner".

(3)	In head (e), after "widower" insert "or surviving civil partner".

Paragraphs 73 and 74 apply in relation to the exercise of powers under enduring powers of attorney created before the passing of this Act as well as to those created on or after its passing.

Matrimonial and Family Proceedings (Northern Ireland) Order 1989 (S.I. 1989/677 (N.I. 4))

(1)

Amend Article 16 (applications for financial relief after overseas divorce etc.) as follows.

(2)	In paragraph (2) (no application may be made after remarriage), for "remarries" substitute "forms a subsequent marriage or civil partnership,".

(3)	For paragraph (3) substitute—

"(3) The reference in paragraph (2) to the forming of a subsequent marriage or civil partnership includes a reference to the forming of a marriage or civil partnership which is by law void or voidable."

Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19))

(1)

Amend Article 4 (meaning of "associate") as follows.

(2)	For paragraph (2) substitute—

"(2) A person is an associate of an individual if that person is—

(a) the individual's husband or wife or civil partner,

(b) a relative of—

(i) the individual, or

(ii) the individual's husband or wife or civil partner, or

(i) the individual, or

(ii) the individual's husband or wife or civil partner."

(3)	In paragraph (3), after "husband or wife" insert "or civil partner".

(4)	In paragraph (8), at the end insert "and references to a civil partner include a former civil partner".

In Article 179 (proceedings under Article 177 and 178), in paragraph (3)(b), after "marriage" insert "or the formation of a civil partnership".

In Article 286 (charge on bankrupt's home), in paragraph (1), after "former spouse" insert "or by his civil partner or former civil partner".

(1)

Amend Article 302 (debts to spouse) as follows.

(2)	In paragraph (1), after "spouse" (in each place) insert "or civil partner".

(3)	In the heading to Article 302, after "spouse" insert "or civil partner".

In Article 305 (saving for bankrupt's home), in paragraph (1), after "former spouse" insert "or by his civil partner or former civil partner".

In Article 312 (transactions at an undervalue), in paragraph (3)(b), after "marriage" insert "or the formation of a civil partnership".

In Article 337 (inquiry into bankrupt's dealings and property), in paragraph (1)(a), after "former spouse" insert "or civil partner or former civil partner".

In Article 367 (transactions defrauding creditors), in paragraph (1)(b), after "marriage" insert "or the formation of a civil partnership".

Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12))

(1)

Amend Article 79 (compellability of accused's spouse) as follows.

(2)	In paragraphs (2), (2A) and (3), for "wife or husband" (in each place) substitute "spouse or civil partner".

(3)	After paragraph (5) insert—

"(5A) In any criminal proceedings a person who has been but is no longer the civil partner of the accused shall be compellable to give evidence as if that person and the accused had never been civil partners."

(4)	In the heading to Article 79, after "accused's spouse" insert "or civil partner".

In Article 79A (rule where accused's spouse not compellable)—

Companies (Northern Ireland) Order 1990 (S.I. 1990/593 (N.I. 5))

In Article 54 (meaning of "associate"), in paragraph (2)(a) after "spouse" insert "or civil partner".

Food Safety (Northern Ireland) Order 1991 (S.I. 1991/762 (N.I. 7))

In Article 42 (continuance of registration or licence on death), in paragraph (2), for the words from "the deceased's personal representative" to "his death" substitute "the deceased's personal representative, or widow or widower or surviving civil partner or any other member of the deceased's family, until the expiration of—

Industrial Relations (Northern Ireland) Order 1992 (S.I.1992/807 (N.I.5))

In Article 23 (recovery of sums awarded in proceedings involving trade unions and employers' associations), in the definition of "provident benefits" in paragraph (3), for "wife" substitute "spouse or civil partner".

Pension Schemes (Northern Ireland) Act 1993 (c. 49)

In section 97E (discharge of liability where pension credit or alternative benefits secured by insurance policies or annuity contracts), in subsection (1)(b), after "or widower" insert "or civil partner".

Family Law (Northern Ireland) Order 1993 (S.I. 1993/1576 (N.I. 6))

(1)

In Article 12 (family proceedings rules), amend paragraph (3)(g) as follows.

(2)	After "1978" insert "or a civil partnership cause within the meaning of section 185(3) of the Civil Partnership Act 2004".

(3)	After "that Article 48" insert (in both places) "that section 185(3)".

(4)	After "divorce county court" insert "or civil partnership proceedings county court".

Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2))

In Article 8 (residence, contact and other orders with respect to children), after paragraph (4)(h) insert—

"(i)	Chapter 2 of Part 4 of, or Schedule 16, 17 or 18 to, the Civil Partnership Act 2004".

In Article 50 (care orders and supervision orders), in paragraph (4), for "married)" substitute "married or a civil partner)".

In Article 67 (powers to assist in discovery of children who may be in need of emergency protection), in paragraph (2), after "spouse" insert "or civil partner".

In Article 69 (recovery of abducted children, etc.), in paragraph (11), after "spouse" insert "or civil partner".

In Article 166 (appeals), at the end of paragraph (2)(b) insert "or

(c)

where the county court is a civil partnership proceedings county court exercising jurisdiction under the Civil Partnership Act 2004 in the same proceedings".

100

In Article 171 (self-incrimination), in paragraph (2), after "spouse" insert "or civil partner".

Trade Union and Labour Relations (Northern Ireland) Order 1995(S.I.1995/1980 (N.I.12))

101

In Article 125 (intimidation or annoyance by violence or otherwise), in paragraph (1)(a), for "wife" substitute "spouse or civil partner".

Employment Rights (Northern Ireland) Order 1996 (S.I. 1996/1919 (N.I. 16))

102

In Article 85A (time off for dependants), in paragraph (3)(a), after "spouse" insert "or civil partner".

103

In Article 248 (institution or continuance of tribunal proceedings), in paragraph (5)(b), for "widow or widower" substitute "surviving spouse, surviving civil partner".

Registration of Clubs (Northern Ireland) Order 1996 (S.I. 1996/3159 (N.I. 23))

104

In Schedule 1 (provisions to be included in rules of club), in paragraph 11, for "husband, wife" substitute "spouse, civil partner".

Race Relations (Northern Ireland) Order 1997 (S.I. 1997/869 (N.I. 6))

105

In Article 23(7) (exceptions: meaning of "near relative")—

Fair Employment and Treatment (Northern Ireland) Order 1998 (S.I. 1998/3162 (N.I. 21))

106

In Article 30(7) (exceptions: meaning of "near relative")—

107

In Article 69(3)(c) (interpretation: connected person), after "wife or husband" (in each place) substitute "or civil partner".

Welfare Reform and Pensions (Northern Ireland) 1999 (S.I. 1999/3147 (N.I. 11))

108

(1)

Amend Article 21 (supply of pension information in connection with divorce etc.) as follows.

(2)	After paragraph (1)(a)(i) insert—

"(ia)

financial relief under Schedule 16 or 18 to the Civil Partnership Act 2004 (powers in relation to domestic and overseas dissolution of civil partnerships etc.);".

(3)	In paragraph (1)(a)(ii), after "1984" insert "or Schedule 6 or 8 to the 2004 Act".

(4)	In paragraph (1)(a)(iii), after "1984" insert "or Schedule 12 to the 2004 Act".

(5)	In paragraph (1)(b), after "(a)(i)" insert ", (ia)".

109

(1)

Amend Article 22 (charges by pension arrangements in relation to earmarking orders) as follows.

(2)	After paragraph (a) insert—

"(aa)

an order under Part 1 of Schedule 16 to the Civil Partnership Act 2004 (financial provision orders in connection with dissolution of civil partnerships etc.) so far as it includes provision made by virtue of Part 5 of that Schedule (powers to include provision about pensions),".

(3)	At the end of paragraph (b) omit "or" and after that paragraph insert—

"(bb)

an order under Part 1 of Schedule 6 to the 2004 Act so far as it includes provision made by virtue of Part 6 of that Schedule (England and Wales powers corresponding to those mentioned in paragraph (aa)), or".

110

(1)

Amend Article 25 (activation of pension sharing) as follows.

(2)	After paragraph (1)(a) insert—

"(aa)

a pension sharing order under Schedule 16 to the Civil Partnership Act 2004,".

(3)	After paragraph (1)(b) insert—

"(ba)

an order under Schedule 18 to the 2004 Act (financial relief in Northern Ireland after overseas dissolution etc. of a civil partnership) corresponding to such an order as is mentioned in paragraph (aa),".

111

(1)

Amend Article 31 ("implementation period") as follows.

(2)	In paragraph (1)(b)(i), omit "matrimonial".

(3)	In paragraph (2)—

112

(1)

Amend Article 45 (activation of benefit sharing) as follows.

(2)	After paragraph (1)(a) insert—

"(aa)

a pension sharing order under Schedule 16 to the Civil Partnership Act 2004,".

(3)	After paragraph (1)(b) insert—

"(ba)

Housing (Northern Ireland) Order 2003 (S.I. 2003/412 (N.I. 2))

113

In Article 85 (meaning of exempt disposal), after paragraph (3)(d) insert—

"(e)	Part 2 of Schedule 16 or 18 to the Civil Partnership Act 2004;."

Marriage (Northern Ireland) Order 2003 (S.I. 2003/413 (N.I. 3))

114

(1)

Amend Article 5 (power to require evidence) as follows.

(2)	In paragraph (3)(c), after "marital" insert "and civil partnership".

(3)	After paragraph (3) insert—

"(4) In paragraph (3)(c), "marital and civil partnership status", in relation to a person, means whether that person has previously formed a marriage or a civil partnership, and if so, whether that marriage or civil partnership has ended."

115

In Article 6 (objections), in paragraph (6)(b), after "married" insert "or a civil partner".

Access to Justice (Northern Ireland) Order 2003 (S.I. 2003/435 (N.I. 10))

116

In Article 39 (conditional fee agreements: supplementary), in paragraph (2) (definition of "family proceedings"), after sub-paragraph (f) insert—

"(g)	Chapter 2 of Part 4 of, or Schedules 16, 17 or 18 to the Civil Partnership Act 2004,".

117

In Schedule 2 (civil legal services: excluded services), in paragraph 2(d)(i), after "1998" insert "or Schedule 17 to the Civil Partnership Act 2004".

Firearms (Northern Ireland) Order 2004 (S.I. 2004/702 (N.I. 3))

118

In Article 2(2) (interpretation), in the definition of "relative"—