 House of Commons |
Publications on the internet Index of Amendments |
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S.C.D.
Amendment Paper as at
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| (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'. |
Mr Christopher Chope
236
Clause 115, page 59, line 37, leave out 'dissolution' and insert 'cessation'.
Mr Christopher Chope
237
Clause 115, page 60, line 3, leave out paragraphs (a) to (d) and insert—
| '(a) | the defender consents to the granting of decree of dissolution of the civil partnership, |
| (b) | the defender has committed an act of sexual infidelity, or |
| (c) | there has been no cohabitation between the civil partners at any time during a continuous period of six months immediately preceding the bringing of the action.'. |
Mr Christopher Chope
238
Clause 115, page 60, line 22, leave out subsection (4).
Mr Christopher Chope
239
Clause 115, page 60, line 36, leave out subsection (6).
Mr Christopher Chope
240
Clause 115, page 60, line 40, leave out subsection (7).
Mr Christopher Chope
241
Page 61, line 5, leave out Clause 117.
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),'.
Mr Christopher Chope
242
Clause 134, page 67, line 27, leave out paragraph (a).
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).
Mr Christopher Chope
243
Clause 170, page 83, line 33, at end insert—
| '(ca) | at the time of its formation, the respondent was suffering from a communicable sexual disease;'. |
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— |
| (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'.
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| ©Parliamentary copyright 2004 | Prepared 26 Oct 2004 |