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,


Restriction on publicity of reports of proceedings

   

Jacqui Smith

NC8

To move the following Clause:—

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

(b) under section 176,

(c) under Part 7 of Schedule 16, or

(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),

    (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

(c) for the heading substitute "Issue of full certificates where applicant has been married".

    (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,

    (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,

    (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

(c) section 22 (prohibition on disclosure of information), in subsection (2)(a),

    (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:—


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

    "(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."

    "(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."

    "(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."

    "(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."

"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)

    "(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."

    "(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

(c) the husband or wife or civil partner of a relative of—

(i) the individual, or

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

    "(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."

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

"(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.);".

"(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),".

"(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".

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

"(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),".

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

"(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),".

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

    "(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."

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


 
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Prepared 19 Oct 2004