|Civil Partnership Bill [HL] - continued||House of Commons|
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Paragraph 24 - Consumer Credit Act 1974 (c. 39)
908. Part II of the Consumer Credit Act (CCA) 1974 classifies consumer credit and consumer hire agreements. The term "associate" appears in the provisions defining a number of these transactions, namely running - account and fixed - sum credit at section 10, small agreements at section 17 and linked transactions at section 19.
909. Part III of the CCA 1974 deals with the principles of licensing. Section 25 of the CCA 1974 sets out various matters which should be taken into account by the OFT in deciding whether an applicant is a fit person to carry on licensed activities. One of these is the conduct not only of the applicant but of, amongst others, the applicant's associates.
910. The word "associate" is defined in section 184 of the CCA 1974 and embraces certain forms of business association and relatives. "Relative" is itself defined in section 184 (5) and includes former and reputed husbands and wives and children born outside wedlock, step-children and adopted children.
911. Paragraph 24 of the Schedule extends the meaning of "associate" to civil partners and to those relationships created by the formation of a civil partnership, which mirror those created by marriage. It also extends the definition of "relative" at section 184 (5) to former civil partners, and for the purpose of 184 (5) a relationship will be established as if any illegitimate child, step-child or adopted child had been a child born to him whilst in a civil partnership, as well as in wedlock.
Paragraph 25 - Sex Discrimination Act 1975 (c. 65)
912. Paragraph 25 amends the definition of "near relative" in Section 82(5) of this Act to include civil partners and relatives of civil partners. This is relevant for the housing provisions in Sections 29 to 32 of this Act which make it unlawful to discriminate in relation to the disposal or management of premises, or in relation to giving consent for the assignment of a lease or for sub-letting. Section 31(2) and 32(1) provide an exception for small dwellings occupied by the alleged discriminator and/or a near relative where there is other accommodation in addition to that occupied by the alleged discriminator and/or his near relative which he shares with other persons residing on the premises who are not members of his household.
Paragraph 26 - Race Relations Act 1976 (c. 74)
913. Paragraph 26 amends the definition of "near relative" in Section 78(5) of this Act to include civil partners and relatives of civil partners. This affects housing discrimination provisions (Sections 20 to 22 of the Race Relations Act as amended) which have the same effect as those in Sections 29 to 32 of the Sex Discrimination Act 1975 (see note on Paragraph 25 above).
Paragraph 27 - 28 - Domestic Proceedings and Magistrates Courts Act 1978 (c.22)
914. Paragraphs 27 - 28 of the Schedule amend the Domestic Proceedings and Magistrates Courts Act 1978 so that where entitlements to maintenance and other financial support are affected by remarriage, they will, by these amendments, also be affected by the formation of a civil partnership.
Paragraph 29 - Interpretation Act 1978 (c.30)
915. Paragraph 29 inserts a new entry into Schedule 1 to the Interpretation Act 1978. Under sections 5 and 23 of the Interpretation Act 1978 if an expression listed in Schedule 1 is used in any Act or subordinate legislation it is presumed to have the meaning given in Schedule 1 unless the contrary intention appears from the Act or subordinate legislation in question. The amendment to Schedule 1 means that references in future legislation to "civil partnership" or "civil partner" will be interpreted by reference to the Civil Partnership Bill without need for express definition.
Paragraph 30 - Credit Unions Act 1979 (c. 34)
916. Under section 1(6) of the Credit Unions Act 1979, a credit union may provide that a person who resides in the same household as, and is a relative of, a member of the credit union may be automatically entitled to become a member of the credit union. Section 31(1) of the Credit Unions Act 1979 (interpretation etc) defines a relative to include a spouse (including a former or reputed spouse) and certain relations and in-laws of a spouse. Paragraph 30 extends the definition of a "relative" in section 31(1) of the Credit Unions Act so as to include civil partners (including former civil partners) and their relations and in-laws.
Paragraph 31 - Estate Agents Act 1979 (c. 38)
917. Under the Estate Agents Act 1979, estate agents are required to make full disclosure to their clients of any personal interest, whether direct or indirect, so that their clients are aware of any potential conflict of interest. This personal interest can include those of any associate of theirs or the estate agent. The meaning of "associate" is defined in section 32 of the Act and includes spouses or relatives. These amendments include civil partners or relatives by civil partnership within the definition of section 32.
Paragraph 32 - 33 - Supreme Court Act 1981 (c. 54)
918. Paragraph 32 amends section 18 (1) of the Supreme Court Act 1981 so that restrictions on appeal following the making of a decree nisi absolute in divorce or nullity proceedings are to apply in the same way to final dissolution or nullity orders made in civil partnership cases. Paragraph 33 amends paragraph 3 of Schedule 3 of the Supreme Court Act 1981 to reflect the classification of proceedings relating to civil partnerships as family proceedings for the purposes of allocation of business to the Family Division of the High Court.
Paragraphs 34 - 41 - British Nationality Act 1981 (c. 61)
919. Paragraphs 34 to 41 make consequential amendments to the British Nationality Act 1981. The effect is to place civil partners in the same position as spouses in terms of eligibility to acquire or resume British nationality by registration or naturalisation and the ability to renounce British nationality. Thus:???????????????? An applicant for naturalisation who is the civil partner of a British citizen or a British overseas territories citizen will be subject to the less onerous requirements, in terms of residence etc, that currently apply in the case of husbands and wives of British citizens and British overseas territories citizens; ???????????????? A person seeking to resume British nationality, having previously renounced it, may rely on his or her civil partner's connections with the United Kingdom or, as the case may be, with a British overseas territory; ???????????????? A person who is or has been a civil partner will be able to renounce British nationality notwithstanding that he or she is still a minor; and ???????????????? Provisions relating to the registration as a British citizen or British overseas territories citizen of a minor whose parents' marriage has been terminated will include corresponding references to the termination of the parents' civil partnership.
Paragraph 42 - Mental Health Act 1983 (c. 20)
920. Paragraph 42(a) adds "civil partner" to the list of individuals named in the Mental Health Act 1983 who may not provide a medical recommendation for the purposes of an application for compulsory admission to hospital of a patient for assessment or treatment under the Act.
921. Paragraph 42(b) adds "civil partner" to the list of individuals named in the Mental Health Act 1983 who may not provide a written recommendation about a patient for the purposes of an application for aftercare under supervision.
Paragraph 43 - 44 - Mobile Homes Act 1983 (c. 34)
922. Paragraphs 43 and 44 amend the Mobile Homes Act 1983, which applies to any agreement under which an occupier is entitled to station a mobile home on land forming part of a protected site, and to occupy the mobile home as his only or main residence. Such occupiers are given statutory security of tenure by the Act. The amendments ensure that surviving civil partners are entitled to succeed to the agreement on the same basis as widows and widowers.
Paragraph 45 - Dentists Act 1984 (c. 24)
923. Section 41 of the Dentists Act, 1984 ("the 1984 Act") provides that where a dentist dies, his widow may continue to carry on the business for three years. The amendment to the 1984 Act reflects existing practice of treating "widow" as including "widower" by referring to surviving spouses, and also adds surviving civil partners to this provision.
Paragraph 46 - 52 - Matrimonial and Family Proceedings Act 1984 (c. 42)
924. Paragraph 46 amends section 12 so that in respect of applications for financial relief following overseas divorces, no application may be made if the applicant either remarries or forms a subsequent civil partnership.
925. Paragraphs 47 to 52 insert amendments to enable civil partnership proceedings to be designated as family business and for the Lord Chancellor to allocate courts to deal with civil partnership proceedings.
926. Paragraph 47 amends section 32 to add a definition of civil partnership causes to the defined terms used in Part V of the 1984 Act.
927. Paragraph 48 inserts new sections 36A to 36D. The new section 36A makes provision for the jurisdiction of county courts in civil partnership causes, so that the Lord Chancellor may by order designate any county court as a "civil partnership proceedings county court". Section 36B makes provision for the civil partnership proceedings county courts to have jurisdiction to deal with financial relief and protection of children in respect of civil partnership causes. Section 36C allows for court rules to confer jurisdiction on civil partnership proceedings county courts to consider agreements made between civil partners in respect of civil partnership proceedings. Section 36D provides for the Lord Chancellor to assign circuit judges to exercise the jurisdiction of civil partnership proceedings county courts.
928. Paragraph 49 amends section 38(3) of the Matrimonial and Family Proceedings Act 1984 to provide for the High Court to give directions for civil partnership causes to be transferred from the High Court to a county court where appropriate.
929. Paragraph 50 amends section 39 (2) of the Matrimonial and Family Proceedings Act 1984 to enable civil partnership causes to be transferred to the High Court from a county court.
930. Paragraph 51 amends section 40 (4) (b) of the Matrimonial and Family Proceedings Act 1984 to allow orders made in respect of civil partnership causes to be enforced in the High Court.
931. Paragraph 52 amends section 42 of the Matrimonial and Family Proceedings Act 1984 to enable civil partnership causes to be dealt with by the principal registry of the Family Division where appropriate and for the same jurisdiction and powers of enforcement to be available in the principal registry of the Family Division as in a county court.
Paragraph 53 - 57, 61 - Companies Act 1985 (c. 6) and 1989 (c. 40)
932. Paragraphs 53 - 57 and 61 ensure that, in relation to the provisions of the Companies Acts of 1985 and 1989 specified in the Schedule, civil partners are to be treated in the same way as spouses of directors.
933. Under the Companies Act provisions persons with a notifiable interest in shares should notify the company. Section 203 of the Companies Act 1985 deems a person to be interested in shares in which his spouse is interested. Paragraph 55 extends this obligation to civil partners.
934. Sections 323 of the 1985 Act contains a prohibition on directors dealing in share options of his or her own company. Section 327 applies the prohibition to the wife or husband of a director. Paragraph 54 extends the prohibition to the civil partner of a director.
935. Section 328 of the 1985 Act requires directors to disclose shareholdings in their own company. Section 328 treats the interests of a wife or husband of a director as an interest of that director. Paragraph 55 extends this to civil partners of directors.
936. Part X of the 1985 Act contains a number of provisions designed to enforce fair dealing by directors. A number of these provisions apply to persons connected with a director. Section 346 defines " connected person" to include spouse. Paragraph 56 extends this definition to include civil partners.
937. Section 430E of the 1985 Act disregards shares held by the associate of an offeror in certain circumstances (relating to takeover offers). Where an offeror is an individual, "associates" includes spouses, and this definition will be extended by Paragraph 55 to include civil partners.
938. Paragraph 61 defines "associate" to include civil partner as well as spouse for the purposes of the Companies' Act 1989.
Paragraph 58 - The Insolvency Act 1986 (c. 45)
939. The Insolvency Act 1986 contains various provisions protecting creditors from fraud and attempting to ensure a proper pari passu distribution amongst creditors. These provisions allow certain transactions, including transactions involving close family and other associated persons, entered into by a debtor or company prior to the onset of insolvency proceedings to be undone or adjusted. Paragraph 58 amends the definition of "associate" in the 1986 Act so that the relevant anti-avoidance provisions cover a civil partner in the same way as they would if the civil partner were a spouse.
Paragraph 59 - Building Societies Act 1986 (c. 53)
940. Paragraph 59 amends the definition in section 70 of the Building Societies Act 1986 of a person "connected with" a director of a building society to ensure that directors' civil partners are subject to the same prohibitions and requirements regarding conflicts of interest as directors' spouses.
Paragraph 60 - Family Law Act 1986 (c. 55)
941. Paragraph 60 amends section 50, which currently applies only to divorce, annulment and remarriage, so that when a dissolution or annulment of a civil partnership granted in any part of the United Kingdom is not recognised elsewhere, that fact will not prevent or render invalid in that part a subsequent marriage or civil partnership.
Paragraph 62 Opticians Act 1989 (c. 44)
942. Section 29 of the Opticians Act, 1989 ("the 1989 Act") provides that where an optician dies, his widow may continue to carry on the business for three years. The amendment to the 1989 Act reflects the existing practice of treating "widow" as including "widower" by referring to surviving spouses, and also adds surviving civil partners to this provision.
Paragraph 63 - Broadcasting Act 1990 (c. 42)
943. Broadcasting legislation requires the provision of television and radio services to be licensed. Under the media ownership rules in this legislation, certain persons and their "associates" are disqualified from holding broadcasting licences. The effect of this paragraph is to amend that legislation so that, where a husband or wife is regarded as an "associate" for these purposes under the current legislation, civil partners are also to be so regarded
Paragraph 64 - Local Government Finance Act 1992 (c. 14)
944. Paragraph 64(1) makes changes to local government finance legislation. Paragraph 64(1) amends section 9(1)(a) of the Local Government Finance Act 1992 (the 1992 Act) to provide that civil partners will be jointly and severally liable for council tax in the same way as married couples.
945. Paragraph 64(2) amends section 18(1)(b) of the 1992 Act to provide a regulation making power to deal with a case where a civil partner dies who was liable as a civil partner to pay council tax. A regulation making power already exists in section 18(1)(b) in relation to a person who dies who was liable as a spouse under section 9 of the Act to pay council tax.
Paragraph 65 - 66 - Friendly Societies Act 1992 (c. 40)
946. Paragraph 65 concerns the information to be disclosed in a friendly society's balance sheet as regards the society's appointed actuary, and that actuary's spouse, children or stepchildren. It extends the disclosure provision in subsection 3(a) to include the civil partner of an actuary as well as the spouse.
947. Paragraph 66 amends the meaning of "associate" in section 119A of that Act to include a civil partner as well as a wife or husband.
Paragraph 67 - Charities Act 1993 (c. 10)
948. This paragraph amends Schedule 5 to the Charities Act 1993 (c.10). It ensures that the definition of 'connected person' provided by this Schedule includes the civil partner (and any corporate body or institution in which they have an interest) of a person connected with a charity. The spouse (or corporate body or institution in which they have an interest) of such a person is already included in the definition.
Paragraph 68 - Pension Schemes Act 1993 (c. 48)
949. Paragraph 68 amends the Pension Schemes Act 1993 (c.48) to allow pension schemes to secure their liability to provide benefits in respect of a pension credit with the consent of a surviving civil partner.
Paragraph 69 - Pension Schemes (Northern Ireland) Act 1993 (c. 49)
950. Paragraph 69 amends the Pension Schemes (Northern Ireland) Act 1993 (c.49) to allow pension schemes to secure their liability to provide benefits in respect of a pension credit with the consent of a surviving civil partner.
Paragraph 70 - Disability Discrimination Act 1995 (c. 50)
951. Section 23 of the Disability Discrimination Act specifies circumstances in which Section 22, relating to discrimination in relation to the disposal of premises, does not apply in certain cases where the "relevant occupier" resides on small premises. Section 23 (6) defines the "relevant occupier" for the purposes of this section as the person who has the power to dispose of premises or the person whose consent or licence is required to dispose of the premises, or a "near relative" of this person. "Near relative" is defined in section 23(7). Paragraph 70 extends the definition of "near relative" to include a civil partner or a relative by civil partnership.
Paragraph 71 - Trusts of Land and Appointment of Trustees Act 1996 (c. 47)
952. This paragraph amends paragraph 3 of Schedule 1 to the 1996 Act which concerns family charges. It extends the categories of land becoming charged voluntarily or in consideration of marriage so that it includes land charged in consideration of the formation of a civil partnership.
Paragraph 72 - 76 - Welfare Reform and Pensions Act 1999 (c.30)
953. Paragraphs 72 - 76 make a number of changes to the Welfare Reform and Pensions Act 1999 (c.30) such that certain provisions which relate to pension sharing orders will apply where a civil partnership is dissolved or annulled. These amendments are made to the provisions concerning the supply of information, the changes which can be made in relation to earmarking orders, and how pension sharing orders are to be activated and implemented.
Paragraph 77-78 - Immigration and Asylum Act 1999 (c. 33)
954. Paragraph 77 amends the Immigration and Asylum Act 1999 by adding a new subsection to place a duty to report suspicious civil partnerships to the Home Office. Section 24A(1) places the duty to report, where there are reasonable grounds for suspecting a sham civil partnership, on those registration authorities to whom notice of proposed civil partnership is given under clause 9; any person who attests a declaration under clause 9; a district registrar under clause 86 and a registrar under clause 135.
955. Subsection (2) of 24A applies the duty to report where two people register as civil partners of each other under Part 2, 3 or 4 of the Bill if before, during or immediately after they do so, the registrar has reasonable grounds for suspecting the civil partnership is, or will be, a sham civil partnership.
956. Subsection (3) of 24A establishes the duty to report to the Secretary of State without delay and in such form and manner as may be set out in regulations.
957. Subsection (4) of 24A sets out who can make the regulations.
958. Subsection (5) of 24A defines the term "sham civil partnership".
959. Subsection (6) of 24A defines the term "registrar".
Paragraphs 79 - 80 - Financial Services and Markets Act 2000 (c. 8)
960. Paragraph 79 amends section 422 (controller) of the Financial Services and Markets Act 2000 (c.8). It ensures that a civil partner will be treated in the same way as a spouse by adding reference to a civil partner in the definition of "associate" in section 422(4)(a) of the Act.
961. Paragraph 80 amends Paragraph 16 (qualifying persons) of Schedule 11 to the Financial Services and Markets Act 2000 (c.8). It ensures that a civil partner or surviving civil partner of a relevant employee will be treated in the same way as a husband/wife or widower/widow respectively of such an employee by adding reference to a civil partner and surviving civil partner in the definition of "qualifying person" in Paragraph 16(2) of Schedule 11 to the Act.
Paragraph 81 - Enterprise Act 2002 (c. 40)
962. Paragraph 81 amends section 127 (associated persons) of the Enterprise Act 2002 (c. 40). It ensures that a civil partner will be treated the same way as a spouse by adding references to civil partners in the definition of an "associated person", including relatives, in sections 127(4)(a) and (c) and 127 (6) of the Act. These definitions are relevant to determining whether "enterprises have ceased to be distinct" (i.e. there has been a merger) and what business activities can be made the subject of certain remedial action as a result of a merger or market investigation.
Paragraph 82 - Local Government Act 2003 (c. 26)
963. Paragraph 82 amends Paragraph 2(1)(a) of Schedule 4 to the Local Government Act 2003. It provides that a person shall be disqualified from being a member of the Valuation Tribunal Service ("VTS") if he is the civil partner of an employee of the VTS. This mirrors provision that exists for spouses.
Paragraph 83 - 84 - Sexual Offences Act 2003 (c. 42)
964. Paragraphs 83 and 84 amend sections 23 and 28 of the 2003 Act to include a reference to civil partners where there are currently only references to persons who are lawfully married. At present, sections 23 and 28 provide that an offence will not be committed under sections 16 and 17 and sections 25 and 26 of the 2003 Act where person (B) is 16 years or over and those parties are lawfully married. These amendments will provide that an offence will not be committed under these sections where person (B) is 16 years or over and those parties are civil partners of each other.
Schedule 28 - Consequential amendments: Scotland
965. This Schedule sets out consequential amendments that will be required to Scottish primary legislation to take account of the new status of civil partners. The amendments pick up instances where spouses have a particular right or responsibility and where it is appropriate that this also apply to civil partners.
Part 1 - Amendments of the Succession (Scotland) Act 1964 (c. 41)
966. The Succession (Scotland) Act 1964 sets out the rights that spouses have under the law of succession (i.e. the law which governs how property is, on the death of its owner, handed over to those who succeed to it). This clause amends references to spouses throughout the Succession (Scotland) Act 1964 to include reference to civil partners. This has the effect of providing civil partners with the same rights of succession as spouses.
Part 2 - Amendments of the Family Law (Scotland) Act 1985 (c. 37)
967. This clause addresses the financial provision which should be made when a civil partnership ends. It makes amendments to the Family Law (Scotland) Act 1985 to include reference to civil partners. The amendments mean that civil partners should be treated in the same way as spouses in determining the rights and responsibilities to financial provision following dissolution of a civil partnership. It further provides that any child brought up in a civil partnership as a child of the family can be financially provided for following the breakdown of the civil partnership. This part of the Bill is easiest read in conjunction with the Family Law (Scotland) Act 1985.
Part 3 - Amendments of the Bankruptcy (Scotland) Act 1985 (c. 66)
968. This clause amends the Bankruptcy (Scotland) Act 1985 to ensure that civil partners are recognised in the same way as spouses.
|© Parliamentary copyright 2004||Prepared: 7 July 2004|