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

134

Schedule     27,     page     352,     line     23,     at end insert—

'Attachment of Earnings Act 1971 (c.32)

 

In Schedule 1 (maintenance orders to which the 1971 Act applies), after paragraph 14 insert—

"15

An order made under Schedule 6 to the Civil Partnership Act 2004 (financial relief in the High Court or a county court etc.), for periodical or other payments.

16

An order made under Schedule 7 to the 2004 Act (financial relief in magistrates' courts etc.), for maintenance or other payments to or in respect of a civil partner or child."

Criminal Damage Act 1971 (c.48)

In section 9 (evidence in connection with offences under the 1971 Act)—

(a)   for "wife or husband" substitute "spouse or civil partner", and

(b)   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".'.

   

Jacqui Smith

135

Schedule     27,     page     352,     line     27,     at end insert—

'Local Government Act 1972 (c.70)

In section 95 (pecuniary interests for purposes of section 94), after subsection (3) insert—

    "(4)   In the case of civil partners living together the interest of one civil partner, shall, if known to the other, be deemed for the purpose of section 94 above to be also an interest of the other."

In section 96 (general notices and recording of disclosures for purposes of section 94), in subsection (1), after "spouse", (in each place) insert "or civil partner".'.

   

Mr Christopher Chope

230

Schedule     27,     page     352,     line     29,     leave out paragraph 17.

   

Mr Christopher Chope

231

Schedule     27,     page     352,     line     31,     leave out paragraph 18.

   

Jacqui Smith

136

Schedule     27,     page     353,     line     33,     at end insert—

'Fair Trading Act 1973 (c.41)

In section 30 (offences in connection with exercise of powers under section 29), in subsection (6) for "married) the husband or wife" substitute "married or a civil partner) the spouse or civil partner".

Slaughterhouses Act 1974 (c.3)

In section 10 (temporary continuance of licence on death), for "his personal representative, or of his widow or any other member of his family, until the expiration of two months from 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 end of two months from the deceased's death,".

Health and Safety at Work etc. Act 1974 (c.37)

In section 20 (powers of inspectors), in subsection (7), for "husband or wife" substitute "spouse or civil partner".'.

   

Jacqui Smith

137

Schedule     27,     page     353,     line     34,     at end insert—

'In section 165 (obstruction of authorised officers), in subsection (3), for "married) the husband or wife" substitute "married or a civil partner) the spouse or civil partner".'.

   

Jacqui Smith

138

Schedule     27,     page     354,     line     7,     at end insert—

'Friendly Societies Act 1974 (c.46)

(1)

Amend section 66 (power of member to nominate person to receive sums payable on his death) as follows.

(2)	In subsection (5)(a), for "husband, wife," substitute "spouse, civil partner,".

(3)	After subsection (7) insert—

    "(7A)   The formation of a civil partnership by a member of the society or branch revokes any nomination previously made by that member under this section."

Rehabilitation of Offenders Act 1974 (c.53)

In section 7 (limitations on rehabilitation under the 1974 Act, etc.), in subsection (2)(c), after "the marriage of any minor,", insert "or the formation of a civil partnership by any minor,".'.

   

Jacqui Smith

139

Schedule     27,     page     354,     line     15,     at end insert—

'Criminal Law Act 1977 (c.45)

In section 2 (exemptions from liability for conspiracy), in subsection (2)(a), after "spouse", insert "or civil partner".'.

   

Jacqui Smith

140

Schedule     27,     page     355,     line     4,     at end insert—

'Protection of Children Act 1978 (c.37)

In section 1A (marriage and other relationships), in subsections (1)(a) and (2)(a) after "were married", insert "or civil partners of each other".'.

   

Jacqui Smith

141

Schedule     27,     page     355,     line     14,     at end insert—

'In section 27 (obstruction and personation of authorised officers), in subsection (4), for "husband or wife" substitute "spouse or civil partner".'.

   

Jacqui Smith

142

Schedule     27,     page     355,     line     22,     at end insert—

'Magistrates' Courts Act 1980 (c.43)

In section 59 (orders for periodical payments: means of payment), in subsection (7)(b), after "Domestic Proceedings and Magistrates' Courts Act 1978" insert "or Schedule 7 to the Civil Partnership Act 2004".

(1)

Amend section 65 (meaning of family proceedings) as follows.

(2)	After subsection (1)(c) insert—

"(ca)

Schedule 3 to the Civil Partnership Act 2004;".

(3)	After subsection (1)(ee) insert—

"(ef)

paragraphs 61 to 64 of Schedule 6 to the Civil Partnership Act 2004;".

(4)	After subsection (1)(j) insert—

"(ja)

Schedule 7 to the Civil Partnership Act 2004;".

Disused Burial Grounds (Amendment) Act 1981 (c.18)

In section 9 (interpretation), in the definition of "relative", for "husband or wife" substitute "spouse or civil partner".

Forgery and Counterfeiting Act 1981 (c.45)

In section 5 (offences relating to money orders, share certificates, passports, etc.), in subsection (5)(l)—

(a)   after "adoptions, marriages", insert ", civil partnerships", and

(b)   for "register marriages" substitute "issue certified copies relating to such entries".'.

   

Jacqui Smith

143

Schedule     27,     page     355,     line     31,     at end insert—

'(1)

Amend section 72 (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".'.

   

Jacqui Smith

144

Schedule     27,     page     355,     line     33,     leave out from 'after' to end of line 35 and insert 'sub-paragraph (h) insert——

"(i)   all civil partnership causes and matters (whether at first instance or on appeal);

(j)   applications for consent to the formation of a civil partnership by a minor or for a declaration under paragraph 7 of Schedule 2 to the Civil Partnership Act 2004;

(k)   applications under section 58 of that Act (declarations relating to civil partnerships).".'

   

Jacqui Smith

145

Schedule     27,     page     356,     line     18,     at end insert—

'Forfeiture Act 1982 (c.34)

In section 3 (application for financial provision not affected by forfeiture rule), in subsection (2), for paragraph (b) and the word "and" immediately preceding it substitute—

"(b)	sections 31(6) and 36(1) of the Matrimonial Causes Act 1973 (variation by court in England and Wales of periodical payments orders and maintenance agreements in respect of marriages);

(c)	paragraphs 52(2) and 65(2) of Schedule 6 to the Civil Partnership Act 2004 (variation by court in England and Wales of periodical payments orders and maintenance agreements in respect of civil partnerships); and

(d)	section 13(4) of the Family Law (Scotland) Act 1985 (variation etc. of periodical allowances in respect of marriages and civil partnerships)."

Representation of the People Act 1983 (c.2)

(1)

Amend section 14 (service qualification) as follows.

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

(3)	For subsection (1)(e) substitute—

"(e)	is the spouse or civil partner of a person mentioned in paragraph (b) or paragraph (c) above and is residing outside the United Kingdom to be with his or her spouse or civil partner,".

In section 16 (contents of service declaration), for "wife or husband" substitute "spouse or civil partner".

In section 59 (supplemental provisions as to members of forces and service voters), in subsection (3)(b), for "by him and any wife of his or, as the case may be, by her and any husband of hers," substitute "by that person and any spouse or civil partner of that person".

In section 61 (other voting offences), in subsection (4), for "husband, wife," substitute "spouse, civil partner,".

In section 141 (duty to answer relevant questions), in subsections (1)(a)(i) and (2)(a), for "husband or wife," substitute "spouse or civil partner,".

(1)

Amend Schedule 1 (parliamentary elections rules) as follows.

(2)	In rule 11(4), for "wife or husband" substitute "spouse or civil partner".

(3)	In rule 35(2), for "husband (wife)," (in both places) substitute "spouse, civil partner,".

(4)	In rule 39(3)(b), for "husband, wife," substitute "spouse, civil partner,".

(5)	In rule 44(2)(b), for "wives or husbands" substitute "spouses or civil partners".'.

Prepared 21 Oct 2004