| Amendments proposed to the Civil Partnership Bill [Lords] - continued | House of Commons |
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Jacqui Smith 146 |
| (1) | Amend section 80 (compellability of accused's spouse) as follows. |
| (2) | In subsections (2), (2A) and (3), for "wife or husband" (in each place) substitute "spouse or civil partner". |
| (3) | After subsection (5) insert— |
"(5A) In any 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 section 80, after "accused's spouse" insert "or civil partner". |
| In section 80A (rule where accused's spouse not compellable)— |
(a) for "wife or husband" substitute "spouse or civil partner", and
(b) in the heading, after "spouse", insert "or civil partner".'.
Jacqui Smith
147
Schedule 27, page 361, line 28, at end insert—
| '57A | (1) | Amend section 742A (meaning of "offer to the public") as follows. |
| (2) | In subsection (3)(a)(iii), after "widower", insert "or surviving civil partner". |
| (3) | In subsection (6)(a), after "spouse", insert "or civil partner". |
| 57B | In Schedule 7 (matters to be dealt with in directors' report), in paragraph 2B(3), after "spouse", insert "or civil partner". |
Enduring Powers of Attorney Act 1985 (c.29)
| 57C | In section 3 (scope of authority etc. of attorney under enduring power), in subsection (5)(a), for "or marriage" substitute ", marriage or the formation of a civil partnership". |
| 57D | In Schedule 1 (notification prior to registration of instrument creating power of attorney), in paragraph 2(1)— |
(a) in paragraph (a), after "wife", insert "or civil partner", and
(b) in paragraph (e), after "widower", insert "or surviving civil partner".
| 57E | Paragraphs 57C and 57D apply in relation to the exercise of powers under enduring powers of attorney created before the passing of this Act as well as in relation to those created on or after its passing. |
Food and Environment Protection Act 1985 (c.48)
| 57F | In Schedule 2 (officers and their powers), in paragraph 2A(4), after "spouse", insert "or civil partner". |
Child Abduction and Custody Act 1985 (c.60)
| 57G | In section 24A (power to order disclosure of child's whereabouts), in subsection (2), after "spouse", insert "or civil partner". |
Airports Act 1986 (c.31)
| 57H | In section 20 (powers of investment and disposal in relation to public airport companies), in subsection (6)(b), after "widowers", insert ", civil partners, surviving civil partners".'. |
Jacqui Smith
148
Schedule 27, page 361, line 29, at end insert—
| 'In section 215 (proceedings under sections 213, 214), in subsection (3)(b), after "marriage", insert "or the formation of a civil partnership". |
| In section 283A (bankrupt's home ceasing to form part of estate), in subsection (1)— |
(a) in paragraph (b), after "spouse", insert "or civil partner", and
(b) in paragraph (c), after "spouse", insert "or former civil partner".
| In section 313 (charge on bankrupt's home), in subsection (1), after "former spouse", insert "or by his civil partner or former civil partner". |
| In section 313A (low value home: application for sale, possession or charge), in subsection (1)— |
(a) in paragraph (a)(ii), after "spouse", insert "or civil partner", and
(b) in paragraph (a)(iii), after "spouse", insert "or former civil partner".
| In section 329 (debts to spouse), in subsection (1), after "spouse", (in each place) insert "or civil partner". |
| In section 332 (saving for bankrupt's home), in subsection (1), after "former spouse", insert "or by his civil partner or former civil partner". |
| In section 335A (rights under trusts of land), in subsection (2)(b)— |
(a) for "bankrupt's spouse or former spouse" substitute "bankrupt's spouse or civil partner or former spouse or former civil partner", and
(b) in sub-paragraphs (i) and (ii), for "spouse or former spouse" substitute "spouse, civil partner, former spouse or former civil partner".
| In section 339 (transactions at an undervalue), in subsection (3)(b), after "marriage", insert "or the formation of a civil partnership". |
| In section 366 (inquiry into bankrupt's dealings and property), in subsection (1)(a), after "former spouse", insert "or civil partner or former civil partner". |
| In section 423 (transactions defrauding creditors), in subsection (1)(b), after "marriage", insert "or the formation of a civil partnership".'. |
Jacqui Smith
149
Schedule 27, page 362, line 6, at end insert—
| 'In section 33 (power to order disclosure of childs whereabouts), in subsection (2), after "spouse", insert "or civil partner".'. |
Jacqui Smith
150
Schedule 27, page 362, line 12, at end insert—
'Consumer Protection Act 1987 (c.43)
| In section 47 (savings for certain privileges), in subsection (2), after "spouse", insert "or civil partner". |
Criminal Justice Act 1988 (c.33)
| In section 160A (marriage and other relationships), in subsections (1)(a) and (2)(a), after "were married", insert "or civil partners of each other".'. |
Jacqui Smith
151
Schedule 27, page 362, line 15, at end insert—
'Children Act 1989 (c.41)
| (1) | Amend section 8 (residence, contact and other orders with respect to children) as follows. |
| (2) | After subsection (4)(b) insert— |
| "(ba) | Schedule 6 to the Civil Partnership Act 2004;". |
| (3) | After subsection (4)(e) insert— |
| "(ea) | Schedule 7 to the Civil Partnership Act 2004;". |
| In section 48 (powers to assist in discovery of children who may be in need of emergency protection), in subsection (2), after "spouse", insert "or civil partner". |
| In section 50 (recovery of abducted children etc.), in subsection (11), after "spouse", insert "or civil partner". |
| In section 98 (self-incrimination), in subsections (1) and (2), after "spouse", insert "or civil partner". |
Local Government and Housing Act 1989 (c.42)
| In section 19 (members' interests) in subsection (7), after "spouse", insert "or civil partner". |
| In section 69 (companies subject to local authority influence), in subsection (6)(c), after "spouse", insert "or civil partner".'. |
Jacqui Smith
152
Schedule 27, page 362, line 19, at end insert—
'Food Safety Act 1990 (c.16)
| In section 43 (continuance of registration or licence on death) in subsection (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 end of— |
| (a) | the period of three months beginning with the deceased's death". |
Courts and Legal Services Act 1990 (c.41)
| In section 10 (family proceedings in magistrates' courts and related matters), in subsection (1), after "Domestic Proceedings and Magistrates' Courts Act 1978", insert "or Schedule 7 to the Civil Partnership Act 2004". |
| In section 58A (conditional fee agreements: supplementary), omit "and" at the end of subsection (2)(f) and insert— |
| "(fa) | Chapter 2 of Part 2 of the Civil Partnership Act 2004 (proceedings for dissolution etc. of civil partnership); |
| (fb) | Schedule 6 to the 2004 Act (financial relief in the High Court or a county court etc.); |
| (fc) | Schedule 7 to the 2004 Act (financial relief in magistrates' courts etc.); |
| (fd) | Schedule 8 to the 2004 Act (financial relief in England and Wales after overseas dissolution etc. of a civil partnership); and".'. |
Jacqui Smith
177
Schedule 27, page 362, line 30, at end insert—
| '( ) | After section 9(3) insert— |
"(4) For the purposes of this section two persons are civil partners of each other if they are of the same sex and either—
| (a) | they are civil partners of each other; or |
| (b) | they are not civil partners of each other but are living together as if they were civil partners."'. |
Jacqui Smith
153
Schedule 27, page 362, line 38, at end insert—
| 'In Schedule 2 (the activities of a friendly society), in Head A, in class II— |
(a) in the second column (description), after "Marriage", insert ", civil partnership", and
(b) in the third column (nature of business), after "sum on marriage", insert "or on the formation of a civil partnership".
Trade Union and Labour Relations Act 1992 (c.52)
| In section 23 (restriction on enforcement of awards against certain property), in subsection (3)(b) for "the wife" substitute "the spouse or civil partner". |
| In section 241 (intimidation or annoyance by violence or otherwise), in subsection (1)(a), for "wife" substitute "spouse or civil partner". |
| In section 292 (death of employee or employer), in subsection (3)(b), after "widow,", insert "surviving civil partner,".'. |
Jacqui Smith
178
Schedule 27, page 363, line 9, leave out paragraph 70 and insert—
| '70 | (1) | In section 23 (exemption for small dwellings), amend subsection (7) as follows. |
| (2) | In the definition of "near relative"— |
(a) after "spouse" insert "or civil partner", and
(b) for "by affinity)" substitute "by marriage or civil partnership)".
| (3) | For the definition of "partner" substitute— |
""partner" means the other member of a couple consisting of—
| (a) | a man and a woman who are not married to each other but are living together as husband and wife, or |
| (b) | two people of the same sex who are not civil partners of each other but are living together as if they were civil partners."'. |
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| ©Parliamentary copyright 2004 | Prepared 21 Oct 2004 |