Vote Bundle Text (941026-08)

Amendments proposed to the Civil Partnership Bill [Lords] - continued	House of Commons

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Jacqui Smith

122

Clause 253, page 125, line 16, at end insert—

'(7A) The provisions are—

(a) Part 2;

(b) in Part 5, paragraphs 62 to 80, 81, 83 to 92 and 95 to 97;

(d) Parts 9 and 10;

(e) Part 13.'.

Jacqui Smith

123

Clause 253, page 125, line 21, after 'Parliament' insert 'or any provision which extends to Northern Ireland only'.

Jacqui Smith

124

Clause 253, page 125, line 23, leave out 'and'.

Jacqui Smith

125

Clause 253, page 125, line 27, at end insert ', and

( ) section 251(2A) and Schedule (Minor and consequential amendments: Northern Ireland) and, so far as relating to any provision which extends to Northern Ireland only, section 251(3) and Schedule 29 come into force in accordance with provision made by order by the Department of Finance and Personnel, after consulting the Secretary of State.'.

Mr Christopher Chope

229

Clause 254, page 125, line 31, leave out 'Civil' and insert 'Same Sex'.

Jacqui Smith

126

Clause 254, page 125, line 32, leave out subsection (2).

NEW CLAUSES

Separation

Jacqui Smith
Mrs Anne McGuire

NC1

To 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

Jacqui Smith

NC2

To 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.'.

Evidence

Jacqui Smith

NC3

To 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—

(a) which is preserved by section 7(3) of the Civil Evidence Act 1995 (c.38) or section 118(1) of the Criminal Justice Act 2003 (c.44), and

(b) under which in any proceedings evidence of reputation or family tradition is admissible for the purpose of proving or disproving the existence of a marriage,

is to be treated as applying in an equivalent way for the purpose of proving or disproving the existence of a civil partnership.'.

Succession: legal rights arising by virtue of civil partnership

Jacqui Smith
Mrs Anne McGuire

NC4

To 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—

"issue" means issue however remote, and

"net estate" has the meaning given by section 36(1) (interpretation) of the Succession (Scotland) Act 1964 (c.41).

(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

Jacqui Smith

NC5

To move the following Clause:—

'(1) Where two people register as civil partners of each other in England or Wales, the civil partnership is—

(a) void, if it would be void in England and Wales under section 49, and

(b) voidable, if the circumstances fall within any paragraph of section 170(1).

(2) Where two people register as civil partners of each other in Scotland, the civil partnership is—

(a) void, if it would be void in Scotland under section 120, and

(b) voidable, if the circumstances fall within section 170(1)(d).

(3) Subsection (4) applies where two people register as civil partners of each other under an Order in Council under—

(a) section 202 (registration at British consulates etc.), or

(b) section 203 (registration by armed forces personnel),

("the relevant section").

(4) The civil partnership is—

(a) void, if—

(i) the condition in subsection (2)(a) or (b) of the relevant section is not met, or

(ii) a requirement prescribed for the purposes of this paragraph by an Order in Council under the relevant section is not complied with, and

(b) voidable, if—

(i) the appropriate part of the United Kingdom is Northern Ireland or England and Wales and the circumstances fall within any paragraph of section 170(1), or

(ii) the appropriate part of the United Kingdom is Scotland and the circumstances fall within section 170(1)(d).

(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—

(a) the relationship is not an overseas relationship, or

(b) (even though the relationship is an overseas relationship) the parties are not treated under Chapter 2 of Part 5 as having formed a civil partnership.

(8) The civil partnership is voidable if—

(a) the overseas relationship is voidable under the relevant law,

(b) the circumstances fall within section 170(1)(d), or

(c) where either of the parties was domiciled in Northern Ireland or England and Wales at the time when the overseas relationship was registered, the circumstances fall within section 170(1)(a), (b), (c) or (e).

(9) 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

(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.'.

Applications under section 186 by former civil partners etc.

Jacqui Smith

NC6

To move the following Clause:—

'(1) Where a civil partnership has been dissolved or annulled or is void (whether or not it has been annulled), either party may make an application under section 186 (or under that section as extended by section 187) and references in those sections to a civil partner are to be read accordingly.

(2) An application under subsection (1) must—

(a) where the civil partnership has been dissolved or annulled, be made within the period of 3 years beginning with the date of the dissolution or annulment, and

(b) where a civil partnership is void but has not been annulled and the parties have ceased to live together in the same household, be made within the period of 3 years beginning with the date on which they ceased so to live together.'.

Evidence (No. 2)

Jacqui Smith

NC7

To 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—

(a) which is preserved by Article 22(1) of the Criminal Justice (Evidence) (Northern Ireland) Order 2004, and

(b) under which in any proceedings evidence of reputation or family tradition is admissible for the purpose of proving or disproving the existence of a marriage,

is to be treated as applying in an equivalent way for the purpose of proving or disproving the existence of a civil partnership.'.