|Amendments proposed to the Civil Partnership Bill [Lords] - continued||House of Commons|
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117Clause 252, page 124, line 21, at end insert
'( ) Schedule (Minor and consequential amendments: Northern Ireland) extends to Northern Ireland only.'.
118Clause 253, page 124, line 26, leave out 'Parts 1 and 2, including Schedules 2 to 10, come' and insert 'Part 1 comes into force in accordance with provision made by order by the Secretary of State, after consulting the Scottish Ministers and the Department of Finance and Personnel.
( ) Part 2, including Schedules 2 to 10, comes'.
119Clause 253, page 124, line 31, leave out 'and 14' and insert 'to 20'.
Mr Jeffrey M. Donaldson
232Clause 253, page 124, line 33, at end insert 'but such an order must not be made unless a draft of the statutory instrument containing the order has been laid before and approved by a resolution of the Northern Ireland Assembly.'.
120Clause 253, page 125, line 9, at end insert
97Clause 253, page 125, line 10, after 'sections' insert '(Immigration control and formation of civil partnerships),'.
98Clause 253, page 125, line 10, after 'Schedules' insert '(Immigration control and formation of civil partnerships),'.
121Clause 253, page 125, line 12, leave out from beginning to 'and' in line 15 and insert
122Clause 253, page 125, line 16, at end insert
'(7A) The provisions are
123Clause 253, page 125, line 21, after 'Parliament' insert 'or any provision which extends to Northern Ireland only'.
124Clause 253, page 125, line 23, leave out 'and'.
125Clause 253, page 125, line 27, at end insert ', and
Mr Christopher Chope
229Clause 254, page 125, line 31, leave out 'Civil' and insert 'Same Sex'.
126Clause 254, page 125, line 32, leave out subsection (2).
NC1To move the following Clause:
'(1) An action for the separation of the civil partners in a civil partnership may be brought in the Court of Session or in the sheriff court.
(2) In such an action the court may grant decree if satisfied that the circumstances set out in any of paragraphs (a) to (d) of section 115(3) are established.'.
Applications under section 66 by former civil partners
NC2To move the following Clause:
'(1) This section applies where a civil partnership has been dissolved or annulled.
(2) Subject to subsection (3), an application may be made under section 66 (including that section as extended by section 67) by either former civil partner despite the dissolution or annulment (and references in those sections to a civil partner are to be read accordingly).
(3) The application must be made within the period of 3 years beginning with the date of the dissolution or annulment.'.
NC3To 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
Succession: legal rights arising by virtue of civil partnership
NC4To move the following Clause:
'(1) Where a person dies survived by a civil partner then, unless the circumstance is as mentioned in subsection (2), the civil partner has right to half of the moveable net estate belonging to the deceased at the time of death.
(2) That circumstance is that the person is also survived by issue, in which case the civil partner has right to a third of that moveable net estate and those issue have right to another third of it.
(3) In this section
(4) Every testamentary disposition executed after the commencement of this section by which provision is made in favour of the civil partner of the testator and which does not contain a declaration to the effect that the provision so made is in full and final satisfaction of the right to any share in the testator's estate to which the civil partner is entitled by virtue of subsection (1) or (2), has effect (unless the disposition contains an express provision to the contrary) as if it contained such a declaration.
(5) In section 36(1) of the Succession (Scotland) Act 1964 (c.41), in the definition of "legal rights", for "and legitim" substitute "legitim and rights under section (Succession: legal rights arising by virtue of civil partnership) of the Civil Partnership Act 2004".'.
Validity of civil partnerships registered outside Northern Ireland
NC5To move the following Clause:
'(1) Where two people register as civil partners of each other in England or Wales, the civil partnership is
(2) Where two people register as civil partners of each other in Scotland, the civil partnership is
(3) Subsection (4) applies where two people register as civil partners of each other under an Order in Council under
(4) The civil partnership is
(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.
(6) Subsections (7) and (8) apply where two people have registered an apparent or alleged overseas relationship.
(7) The civil partnership is void if
(8) The civil partnership is voidable if
(9) Section 171 applies for the purposes of
(10) In subsections (8)(a) and (9)(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).
(11) For the purposes of subsections (8) and (9)(b) and (c), references in sections 170 and 171 to the formation of a civil partnership are to be read as references to the registration of the overseas relationship.'.