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Jacqui Smith
116
Clause 251, page 124, line 2, at end insert—
'(2A) Schedule (Minor and consequential amendments: Northern Ireland) contains minor and consequential amendments relating to Northern Ireland.'.
Jacqui Smith
127
Schedule 27, page 349, line 2, at end insert—
'Explosive Substances Act 1883 (c.3)
| | | In section 6 (inquiry by Attorney-General, and apprehension of absconding witnesses), in subsection (2), for "husband or wife" (in both places) substitute "spouse or civil partner". |
Partnership Act 1890 (c.39)
| | | In section 2 (rules for determining existence of partnership), in rule (3)(c), after "widow", insert ", widower, surviving civil partner".'. |
Jacqui Smith
128
Schedule 27, page 349, line 5, at end insert—
'Census Act 1920 (c.41)
| | | In the Schedule (matters in respect of which particulars may be required), in paragraph 5 after "as to marriage", insert "or civil partnership".'. |
Jacqui Smith
129
Schedule 27, page 349, line 24, at end insert—
'Judicial Proceedings (Regulation of Reports) Act 1926 (c.61)
| | (1) | Amend section 1 (restriction on publication of reports of judicial proceedings) as follows. |
| (2) | In subsection (1)(b), for "or for restitution of conjugal rights" substitute "or for the dissolution or annulment of a civil partnership or for the separation of civil partners". |
Population (Statistics) Act 1938 (c.12)
| | | In the Schedule (particulars which may be required), in paragraph 2— |
(a) in paragraph (a), for "or divorced;" substitute ", divorced, a civil partner or former civil partner, and, if a former civil partner, whether the civil partnership ended on death or dissolution;", and
(b) in paragraph (b), after "surviving spouse", insert "or civil partner".'.
Jacqui Smith
130
Schedule 27, page 349, line 27, at end insert—
'Limitation (Enemies and War Prisoners) Act 1945 (c.16)
| | | In section 2 (interpretation), in the definition of "statute of limitation", after the entry relating to the Matrimonial Causes Act 1973 insert— |
"section 51(2) of the Civil Partnership Act 2004,".'.
Statistics of Trade Act 1947 (c.39)
| | | In section 10 (information from persons entering or leaving the United Kingdom by air), in subsection (1), after "marriage", insert "or civil partnership".'. |
Jacqui Smith
131
Schedule 27, page 350, line 15, at end insert—
| | | 'In section 27 (notice of marriage), in subsection (3), for "the name and surname, marital status, occupation, place of residence and nationality of each of the persons to be married" substitute "the name and surname, occupation, place of residence and nationality of each of the persons to be married, whether either of them has previously been married or formed a civil partnership and, if so, how the marriage or civil partnership ended". |
| | | In section 28A (power to require evidence), for subsection (3) substitute— |
"(3) "Specified evidence", in relation to a person, means such evidence as may be specified in guidance issued by the Registrar General—
| (a) | of the person's name and surname, |
| (c) | as to whether the person has previously been married or formed a civil partnership and, if so, as to the ending of the marriage or civil partnership, and |
| (d) | of the person's nationality."'. |
Jacqui Smith
132
Schedule 27, page 351, line 20, leave out paragraph 9 and insert—
| '9 | (1) | Amend section 16 (application of Part 2) as follows. |
| (2) | After subsection (2)(a)(viii) insert— |
| "(ix) | Part 1, 7 or 8 of Schedule 6 to the Civil Partnership Act 2004, Schedule 7 to that Act or paragraph 5 or 9 of Schedule 8 to that Act;". |
| (3) | After subsection (2)(b)(ix) insert— |
| "(x) | an order made on an application under Schedule 12 to the Civil Partnership Act 2004;". |
| (4) | After subsection (2)(c)(ix) insert— |
| "(x) | Part 1, 6 or 7 of Schedule 16 to the Civil Partnership Act 2004, Schedule 17 to that Act or paragraph 5 or 9 of Schedule 18 to that Act;".'. |
Jacqui Smith
133
Schedule 27, page 352, line 15, at end insert—
'Offices, Shops and Railway Premises Act 1963 (c.41)
| | | In section 2 (exception for premises in which only employer's relatives or outworkers work), in subsection (1), after "wife", insert ", civil partner". |
Industrial and Provident Societies Act 1965 (c.12)
| | (1) | Amend section 23 (nomination to property in society) as follows. |
| (2) | In subsection (2), for "husband, wife," substitute "spouse, civil partner,". |
| (3) | After subsection (6) insert— |
"(7) The formation of a civil partnership by a member of a society revokes any nomination made by him before the formation of the civil partnership; but if any property of that member has been transferred by an officer of the society in pursuance of the nomination in ignorance of a civil partnership formed by the nominator after the date of the nomination—
| (a) | the receipt of the nominee shall be a valid discharge to the society, and |
| (b) | the society shall be under no liability to any other person claiming the property." |
| | | In section 25 (provision for intestacy), in subsection (2), after "widower", insert ", surviving civil partner". |
Criminal Appeal Act 1968 (c.19)
| | | In section 44A (appeals in cases of death), in subsection (3)(a), after "widower", insert "or surviving civil partner". |
Theft Act 1968 (c.60)
| | (1) | Amend section 30 (husband and wife) as follows. |
| (2) | In subsections (4) and (5), after "wife or husband", in each place except paragraph (a)(ii) to the proviso to subsection (4) insert "or civil partner". |
| (3) | At the end of paragraph (a)(ii) to the proviso insert "or |
| (iii) | an order (wherever made) is in force providing for the separation of that person and his or her civil partner.", |
and omit "or" at the end of paragraph (a)(i) to the proviso.
| (4) | For the heading to section 30 substitute "Spouses and civil partners". |
| | | In section 31 (effect on civil proceedings and rights), in subsection (1)— |
(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".
Domestic and Appellate Proceedings (Restriction of Publicity) Act 1968 (c.63)
| | (1) | Amend section 2 (restriction of publicity for certain matrimonial etc. proceedings) as follows. |
| (2) | In subsection (1), after paragraph (d) insert— |
| "(da) | proceedings under Part 8 of Schedule 6 to the Civil Partnership Act 2004 (provision corresponding to the provision referred to in paragraph (c) above); |
| (db) | proceedings under section 58 of the 2004 Act (declarations as to subsistence etc. of civil partnership);". |
| (3) | In subsection (3), after "(1)(d)" insert " or (db)". |
Civil Evidence Act 1968 (c.64)
| | | In section 14 (privilege against incrimination of self or spouse)— |
(a) in subsection (1)(b), for "husband or wife" substitute "spouse or civil partner", and
(b) in the heading, after "spouse", insert "or civil partner".
Gaming Act 1968 (c.65)
| | | In Schedule 2 (grant, renewal, cancellation and transfer of licences), in paragraph 35A(8)(a) for "wife or husband" substitute "spouse or civil partner". |
Medicines Act 1968 (c.67)
| | | In section 114 (supplementary provisions as to rights of entry and related rights), in subsection (4), for "married) the husband or wife" substitute "married or a civil partner) the spouse or civil partner".'. |
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".'. |
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