| Amendments proposed to the Civil Partnership Bill [Lords] - continued | House of Commons |
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Jacqui Smith 159 |
| In section 76 (further provision about scope of Family Procedure Rules), in subsection (2)(b), after "divorce county court" insert "or civil partnership proceedings county court (within the meaning of Part 5 of the Matrimonial and Family Proceedings Act 1984)".'. |
| '85 | (1) | Amend section 43 (sections 38 and 41: marriage exception) as follows. |
| (2) | At the end of subsection (1)(b) insert "or civil partners of each other". |
| (3) | In subsection (2), for "were lawfully married at the time" substitute "were at the time lawfully married or civil partners of each other". |
| (4) | In the heading to section 43 for "marriage exception" substitute "exception for spouses and civil partners".'. |
Jacqui Smith
Mrs Anne McGuire
99
Schedule 28, page 368, line 13, at end insert—
| 'In section 36(1) (interpretation), in the definition of "prior rights", after "spouse" insert "or civil partner".'. |
Jacqui Smith
Mrs Anne McGuire
100
Schedule 28, page 374, line 2, at end insert—
| 'In section 16(4) (presentation of petition for recall of sequestration), for "section 41(1)(b)" substitute "sections 41(1)(b) and 41A(1)(b)". |
| In section 17(8)(b) (duties of clerk of court in relation to recall of sequestration), after "41(1)(b)(ii)" insert "or 41A(1)(b)(ii)".'. |
Jacqui Smith
Mrs Anne McGuire
101
Schedule 28, page 374, line 8, at end insert—
| 'In section 34(7) (gratuitous alienations: saving for operation of Married Women's Policies of Assurance (Scotland) Act 1880), at the end insert "including the operation of that section as applied by section 128 of the Civil Partnership Act 2004".'. |
Jacqui Smith
Mrs Anne McGuire
102
Schedule 28, page 374, line 13, at end insert—'( ) In paragraph (d) of that subsection, for "paragraph (a) or (b)" substitute "paragraphs (a) to (b)".'.
Jacqui Smith
Mrs Anne McGuire
103
Schedule 28, page 375, line 14, at end insert—
| ' | In section 51(3)(b) (meaning of "postponed debt"), at the end insert "or civil partner".'. |
Jacqui Smith
Mrs Anne McGuire
104
Schedule 28, page 375, line 16, at end insert—
| '(1) | Amend Schedule 1 (determination of amount of creditor's claim) as follows. |
| (2) | In paragraph 2(1)(a), the words "in the case of spouses (or, where the aliment is payable to a divorced person in respect of a child, former spouses)" become paragraph 2(1)(a)(i). |
| (3) | At the end of paragraph 2(1)(a)(i) insert ", or |
| (ii) | in the case of civil partners (or, where the aliment is payable to a former civil partner in respect of a child after dissolution of a civil partnership, former civil partners),". |
| (4) | In paragraph 2(2), after "divorce" insert "or on dissolution of a civil partnership".'. |
Jacqui Smith
Mrs Anne McGuire
179
Schedule 28, page 377, leave out lines 18 to 21 and insert—'(1) Amend section 105 (meaning of "member of a person's family") as follows.
(2) In subsection (1)(a)—
| (a) | after "spouse" insert "or civil partner", and |
| (b) | at the end insert "or in a relationship which has the characteristics of the relationship between civil partners". |
(3) In subsection (2)(a), after "a relationship by marriage" insert "or civil partnership".'.
Jacqui Smith
Mrs Anne McGuire
105
Schedule 28, page 377, line 23, leave out paragraphs 46 to 53.
Jacqui Smith
Mrs Anne McGuire
106
Schedule 28, page 378, line 28, at end insert—
'Debtors (Scotland) Act 1987 (c.18)
| In section 106 (interpretation), in paragraph (a) of the definition of "maintenance order"— |
(a) after "divorce" insert "or on dissolution of a civil partnership", and
(b) after "marriage" insert "or of nullity of a civil partnership".'.
Jacqui Smith
107
Schedule 29, page 382, line 12, at end insert—
'Family provision: Northern Ireland
| Title and number | Extent of revocation | ||||||||||||||
| Inheritance (Provision for Family and Dependants) (Northern Ireland) Order 1979 (S.I. 1979/924 (N.I. 8)) | In Article 5(2), "and" immediately following sub-paragraph (b). |
Family homes and domestic violence: Northern Ireland
| Title and number | Extent of revocation |
| Family Homes and Domestic Violence (Northern Ireland) Order 1998 (S.I. 1998/1071 (N.I. 6)) | In Article 2(2), the definition of "matrimonial home rights". |
| In Schedule 2, "or" at the end of paragraph 4(1)(a).'. |
Jacqui Smith
108
Schedule 29, page 382, line 16, at end insert—
| 'Sex Discrimination (Northern Ireland) Order 1976 (S.I.1976/1042 (N.I. 15)) | Article 3(4).'. |
Jacqui Smith
109
Schedule 29, page 382, line 18, at end insert—
| 'Child Support Act 1991 (c.48) | In section 8(11), "or" at the end of paragraph (e). |
| Child Support (Northern Ireland) Order 1991 (S.I.1991/2628 (N.I. 23)) | In Article 10(11), "or" at the end of sub-paragraph (dd).'. |
Jacqui Smith
110
Schedule 29, page 383, line 19, at end insert—
| 'Judicial Proceedings (Regulation of Reports) Act 1926 (c.61) | Section 1(5).'. |
Jacqui Smith
111
Schedule 29, page 383, line 20, at end insert—
| 'Theft Act 1968 (c.60) | In section 30(4), "or" at the end of paragraph (a)(i) to the proviso.'. |
Jacqui Smith
112
Schedule 29, page 383, line 24, at end insert—
| 'Courts and Legal Services Act 1990 (c.41) | In section 58A, "and" at the end of subsection (2)(f). |
| Family Law Act 1996 (c.27) | In section 64, "or" at the end of subsection (1)(c).'. |
Jacqui Smith
113
Schedule 29, page 383, line 39, at end insert—
'Minor and consequential amendments: Northern Ireland
| Title and number | Extent of revocation |
| Welfare Reform and Pensions (Northern Ireland) Order 1999 (S.I. 1999/3147 (N.I. 11)) | At the end of Article 22(b), "or". |
| In Article 31(1)(b)(i) and (2), "matrimonial".'. |
Jacqui Smith
165
Clause 252, page 124, line 5, after 'Wales),' insert 'excluding section (Power to assimilate provisions relating to civil registration in England and Wales) but'.
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Jacqui Smith 117 Clause 252, page 124, line 21, at end insert—'( ) Schedule (Minor and consequential amendments: Northern Ireland) extends to Northern Ireland only.'.
Jacqui Smith 118 Clause 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'.
Jacqui Smith 119 Clause 253, page 124, line 31, leave out 'and 14' and insert 'to 20'.
Mr Jeffrey M. Donaldson 232 Clause 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.'.
Jacqui Smith 97 Clause 253, page 125, line 10, after 'sections' insert '(Immigration control and formation of civil partnerships),'.
Jacqui Smith 98 Clause 253, page 125, line 10, after 'Schedules' insert '(Immigration control and formation of civil partnerships),'.
Jacqui Smith 120 Clause 253, page 125, line 11, at end insert—
Jacqui Smith 121 Clause 253, page 125, line 12, leave out from beginning to 'and' in line 15 and insert—
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