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

   

Jacqui Smith
Mrs Anne McGuire

52

Clause     84,     page     38,     line     36,     leave out 'of understanding the nature of civil partnership' and insert 'of—

(i)	understanding the nature of civil partnership, or

(ii)	validly consenting to its formation'.

   

Jacqui Smith
Mrs Anne McGuire
Mr Robert Key
Mr John Bercow
Charles Hendry

7

Clause     84,     page     38,     line     37,     leave out subsection (2).

   

Jacqui Smith
Mrs Anne McGuire

53

Clause     84,     page     39,     line     42,     leave out 'following modifications' and insert 'modifications specified in subsections (7) and (8)'.

   

Jacqui Smith
Mrs Anne McGuire

54

Clause     84,     page     39,     line     45,     leave out 'those provisions' and insert 'subsection (5) or those paragraphs'.

   

Jacqui Smith
Mrs Anne McGuire

55

Clause     84,     page     40,     line     15,     at end insert—

    '( )   For the purposes of this section, a degree of relationship specified in paragraph 1 of Schedule 11 exists whether it is of the full blood or the half blood.

    ( )   Amend section 41(1) of the Adoption (Scotland) Act 1978 (c.28) (application to determination of forbidden degrees of provisions of that Act relating to the status conferred by adoption) as follows—

(a)	after first "marriage" insert ", to the eligibility of persons to register as civil partners of each other", and

(b)	for "and incest" substitute ", to such eligibility and to incest".'.

---

   

Jacqui Smith
Mrs Anne McGuire

56

Clause     90,     page     42,     line     6,     leave out 'of understanding the nature of civil partnership' and insert 'of—

(i) 

(i)	understanding the nature of civil partnership, or

(ii)	validly consenting to its formation'.

---

   

Jacqui Smith
Mrs Anne McGuire

57

Clause     120,     page     62,     line     8,     leave out from 'other' to end of line 9 and insert ', the civil partnership is void if, and only if—

(a)	they were not eligible to do so, or

(b)	though they were so eligible, either of them did not validly consent to its formation.'.

---

   

Jacqui Smith
Mrs Anne McGuire

58

Clause     121,     page     62,     line     16,     leave out '50' and insert '50(1)(a), (b), (c) or (e)'.

   

Jacqui Smith
Mrs Anne McGuire

59

Clause     121,     page     62,     line     19,     leave out 'by virtue of provision made under section 149,' and insert 'under section 169,'.

   

Jacqui Smith
Mrs Anne McGuire

60

Clause     121,     page     62,     line     21,     leave out 'by virtue of such provision' and insert 'under section 170(1)(a), (b), (c) or (e)'.

   

Jacqui Smith
Mrs Anne McGuire

61

Clause     121,     page     62,     line     29,     leave out sub-paragraph (i).

   

Jacqui Smith
Mrs Anne McGuire

62

Clause     121,     page     62,     line     32,     after '(2)(a)' insert 'or (b)'.

   

Jacqui Smith
Mrs Anne McGuire

63

Clause     121,     page     62,     line     37,     leave out from first 'voidable' to end of line 42 and insert 'if—

(i)	the appropriate part of the United Kingdom is England and Wales and the circumstances fall within section 50(1)(a), (b), (c) or (e), or

(ii)	the appropriate part of the United Kingdom is Northern Ireland and the circumstances fall within section 170(1)(a), (b), (c) or (e).

    (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.'.

   

Jacqui Smith
Mrs Anne McGuire

64

Clause     121,     page     63,     line     7,     leave out from 'law,' to end of line 15 and insert—

'(b)	where either of the parties was domiciled in England and Wales at the time when the overseas relationship was registered, the circumstances fall within section 50(1)(a), (b), (c) or (e), or

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

    (8A)   Section 51 or (as the case may be) 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).

    (8B)   In subsections (8)(a) and (8A)(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).

    (8C)   For the purposes of subsections (8) and (8A)(b) and (c), references in sections 50 and 51 or (as the case may be) sections 170 and 171 to the formation of the civil partnership are to be read as references to the registration of the overseas relationship.'.

---

   

Jacqui Smith
Mrs Anne McGuire
Mr Robert Key
Mr John Bercow
Charles Hendry

8

Clause     123,     page     63,     line     31,     leave out subsection (3).

---

   

Jacqui Smith

65

Clause     133,     page     67,     line     22,     leave out 'civil partnership'.

---

   

Jacqui Smith
Mr Robert Key
Mr John Bercow
Charles Hendry

9

Clause     134,     page     67,     line     25,     leave out 'Subject to subsection (2),'.

   

Jacqui Smith
Mr Robert Key
Mr John Bercow
Charles Hendry

10

Clause     134,     page     67,     line     33,     leave out subsection (2).

---

   

Jacqui Smith
Mr Robert Key
Mr John Bercow
Charles Hendry

11

Clause     155,     page     75,     line     29,     leave out subsection (2).

---

   

Jacqui Smith

174

Schedule     15,     page     239,     line     18,     at end insert—

'( )	In paragraph (1)(ba) (application may be made by person living as husband or wife of the deceased), after "paragraph (1A)" insert "or (1B)".'.

   

Jacqui Smith

175

Schedule     15,     page     239,     line     20,     at end insert—

'( )	After paragraph (1A) insert—

    "(1B)   This paragraph applies to a person if for the whole of the period of two years ending immediately before the date when the deceased died the person was living—

(a)	in the same household as the deceased, and

(b)	as the civil partner of the deceased."'.

   

Jacqui Smith

176

Schedule     15,     page     240,     line     5,     at end insert—

'In Article 5(2A) (application by person living as husband or wife of deceased: matters to which court is to have regard), in sub-paragraph (a), after "wife" insert "or civil partner".'.

---

   

Jacqui Smith

44

Schedule     16,     page     252,     line     46,     leave out sub-paragraph (3).

   

Jacqui Smith

45

Schedule     16,     page     253,     line     1,     after 'under' insert 'paragraph 22 or'.

   

Jacqui Smith

46

Schedule     16,     page     253,     line     4,     after 'under' insert 'paragraph 22 or'.

   

Jacqui Smith

47

Schedule     16,     page     253,     line     14,     at end insert—

'Part 5A

Pension protection fund compensation etc.

PPF compensation to be included in matters to which court is to have regard

24A

(1)

The matters to which a court is to have regard under paragraph 16(2)(a) include any PPF compensation to which a civil partner is or is likely to be entitled; and, accordingly, in relation to any PPF compensation paragraph 16(2)(a)(ii) has effect as if "in the foreseeable future" were omitted.

(2)	The matters to which a court is to have regard under paragraph 16(2)(h) include any PPF compensation which, because of the making of a dissolution or nullity order, a civil partner will lose the chance of acquiring entitlement to.

(3)	In this Part "PPF compensation" means compensation payable under—

(a)   Chapter 3 of Part 2 of the Pensions Act 2004 (pension protection), or

(b)   corresponding Northern Ireland legislation.

Assumption of responsibility by PPF Board in paragraph 20(2) cases

24B

(1)

This paragraph applies to an order under Part 1 so far as it includes provision made by virtue of paragraph 20(2) which—

(a)   imposed requirements on the trustees or managers of an occupational pension scheme for which the Board has assumed responsibility, and

(b)   was made before the trustees or managers received the transfer notice.

(2)	From the time the trustees or managers of the scheme receive the transfer notice, the order has effect—

(a)   except in descriptions of case prescribed by regulations, with the modifications set out in sub-paragraph (3), and

(b)   with such other modifications as may be prescribed by regulations.

(3)	The modifications are that—

(a)   references in the order to the trustees or managers of the scheme have effect as references to the Board, and

(b)   references in the order to any pension or lump sum to which the civil partner with pension rights is or may become entitled under the scheme have effect as references to any PPF compensation to which that person is or may become entitled in respect of the pension or lump sum.

Assumption of responsibility by PPF Board in paragraph 20(5) cases

24C

(1)

This paragraph applies to an order under Part 1 if—

(a)   it includes provision made by virtue of paragraph 20(5) which requires the civil partner with pension rights to exercise his right of commutation under an occupational pension scheme to any extent, and

(b)   before the requirement is complied with the Board has assumed responsibility for the scheme.

(2)	From the time the trustees or managers of the scheme receive the transfer notice, the order has effect with such modifications as may be prescribed by regulations.

Lump sums: power to modify paragraph 21 in respect of assessment period

24D

Regulations may modify paragraph 21 in its application to an occupational pension scheme during an assessment period in relation to the scheme.

Assumption of responsibility by the Board not to affect power of court to vary order etc.

24E

(1)

This paragraph applies where the court makes, in relation to an occupational pension scheme—

(a)   a pension sharing order, or

(b)   an order including provision made by virtue of paragraph 20(2) or(5).

(2)	If the Board subsequently assumes responsibility for the scheme, that does not affect—

(a)   the powers of the court under paragraph 38 to vary or discharge the order or to suspend or revive any provision of it;

(b)   on an appeal, the powers of the appeal court to affirm, reinstate, set aside or vary the order.

Regulations

24F

Regulations may make such consequential modifications of any provision of, or made by virtue of, this Schedule as appear to the Lord Chancellor necessary or expedient to give effect to the provisions of this Part.

24G

(1)

In this Part "regulations" means regulations made by the Lord Chancellor.

(2)	A power to make regulations under this Part is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I.1979/1573(N.I.12)).

(3)	Regulations under this Part are subject to annulment in pursuance of a resolution of either House of Parliament in the same manner as a statutory instrument; and section 5 of the Statutory Instruments Act 1946 (c.36) applies accordingly.

Interpretation

24H

(1)

In this Part—

"assessment period" means—

(a)   an assessment period within the meaning of Part 2 of the Pensions Act 2004 (pension protection), or

(b)   an equivalent period under corresponding Northern Ireland legislation;

"the Board" means the Board of the Pension Protection Fund;

"the civil partner with pension rights" has the meaning given by paragraph 24(1);

"occupational pension scheme" has the same meaning as in the Pension Schemes (Northern Ireland) Act 1993 (c.49);

"transfer notice" has the same meaning as in—

(a)   Chapter 3 of Part 2 of the 2004 Act, or

(b)   corresponding Northern Ireland legislation.

(2)	References in this Part to the Board assuming responsibility for a scheme are to the Board assuming responsibility for the scheme in accordance with—

(a)   Chapter 3 of Part 2 of the 2004 Act (pension protection), or

(b)   corresponding Northern Ireland legislation.'.

---

---

Prepared 21 Oct 2004