|
| |
| |
240 | Certificates of no impediment to overseas relationships |
| |
(1) | Her Majesty may by Order in Council make provision for the issue of |
| |
certificates of no impediment to— |
| |
(a) | United Kingdom nationals, and |
| |
(b) | such other persons falling within subsection (2) as may be prescribed, |
| 5 |
| who wish to enter into overseas relationships in prescribed countries or |
| |
territories outside the United Kingdom with persons who are not United |
| |
Kingdom nationals and who do not fall within subsection (2). |
| |
(2) | A person falls within this subsection if under any enactment for the time being |
| |
in force in any country mentioned in Schedule 3 to the British Nationality Act |
| 10 |
1981 (c. 61) (Commonwealth countries) that person is a citizen of that country. |
| |
(3) | A certificate of no impediment is a certificate that, after proper notices have |
| |
been given, no legal impediment to the recipient entering into the overseas |
| |
relationship has been shown to the person issuing the certificate to exist. |
| |
241 | Transmission of certificates of registration of overseas relationships |
| 15 |
(1) | Her Majesty may by Order in Council provide— |
| |
(a) | for the transmission to the Registrar General, by such persons or in such |
| |
manner as may be prescribed, of certificates of the registration of |
| |
overseas relationships entered into by United Kingdom nationals in |
| |
prescribed countries or territories outside the United Kingdom, |
| 20 |
(b) | for the issue by the Registrar General of a certified copy of such a |
| |
certificate received by him, and |
| |
(c) | for such certified copies to be received in evidence. |
| |
(2) | “The Registrar General” means— |
| |
(a) | in relation to England and Wales, the Registrar General for England |
| 25 |
| |
(b) | in relation to Scotland, the Registrar General of Births, Deaths and |
| |
Marriages for Scotland, and |
| |
(c) | in relation to Northern Ireland, the Registrar General for Northern |
| |
| 30 |
242 | Power to make provision relating to certain Commonwealth forces |
| |
(1) | This section applies if it appears to Her Majesty that any law in force in Canada, |
| |
the Commonwealth of Australia or New Zealand (or in a territory of either of |
| |
the former two countries) makes, in relation to forces raised there, provision |
| |
similar to that made by section 211 (registration by armed forces personnel). |
| 35 |
(2) | Her Majesty may by Order in Council make provision for securing that the law |
| |
in question has effect as part of the law of the United Kingdom. |
| |
| |
(1) | The power to make an order under section 34(1) (fees) includes power to make |
| |
an order prescribing fees in respect of anything which, by virtue of an Order in |
| 40 |
Council under this Part, is required to be done by registration authorities in |
| |
England and Wales or by or on behalf of the Registrar General for England and |
| |
| |
| |
| |
|
| |
| |
(2) | Regulations made by the Registrar General of Births, Deaths and Marriages for |
| |
Scotland may prescribe fees in respect of anything which, by virtue of an Order |
| |
in Council under this Part, is required to be done by him or on his behalf. |
| |
(3) | Subsections (3) and (4) of section 126 apply to regulations made under |
| |
subsection (2) as they apply to regulations under Part 3. |
| 5 |
(4) | The power to make an order under section 157(1) includes power to make an |
| |
order prescribing fees in respect of anything which, by virtue of an Order in |
| |
Council under this Part, is required to be done by or on behalf of the Registrar |
| |
General for Northern Ireland. |
| |
244 | Orders in Council: supplementary |
| 10 |
| |
(a) | different provision for different cases, and |
| |
(b) | such supplementary, incidental, consequential, transitional, transitory |
| |
or saving provision as appears to Her Majesty to be appropriate. |
| |
(2) | The provision that may be made by virtue of subsection (1)(b) includes in |
| 15 |
particular provision corresponding to or applying with modifications any |
| |
provision made by or under— |
| |
| |
(b) | any Act relating to marriage outside the United Kingdom. |
| |
(3) | A statutory instrument containing an Order in Council under section 210, 211, |
| 20 |
239, 240, 241 or 242 is subject to annulment in pursuance of a resolution of |
| |
either House of Parliament. |
| |
(4) | Subsection (3) applies whether or not the Order also contains other provisions |
| |
made by Order in Council under— |
| |
| the Foreign Marriage Act 1892 (c. 23), |
| 25 |
| section 3 of the Foreign Marriage Act 1947 (c. 33), or |
| |
| section 39 of the Marriage Act 1949 (c. 76). |
| |
(5) | In sections 210, 211, 239, 240 and 241 “prescribed” means prescribed by an |
| |
Order in Council under the section in question. |
| |
| 30 |
(1) | In this Part “United Kingdom national” means a person who is— |
| |
(a) | a British citizen, a British overseas territories citizen, a British Overseas |
| |
citizen or a British National (Overseas), |
| |
(b) | a British subject under the British Nationality Act 1981 (c. 61), or |
| |
(c) | a British protected person, within the meaning of that Act. |
| 35 |
(2) | In this Part “Her Majesty’s forces” has the same meaning as in the Army Act |
| |
1955 (3 & 4 Eliz. 2 c. 18). |
| |
| |
| |
|
| |
| |
| |
Relationships arising through civil partnership |
| |
246 | Interpretation of statutory references to stepchildren etc. |
| |
(1) | In any provision to which this section applies, references to a stepchild or step- |
| |
parent of a person (here, “A”), and cognate expressions, are to be read as |
| 5 |
| |
| A’s stepchild includes a person who is the child of A’s civil partner (but |
| |
| |
| A’s step-parent includes a person who is the civil partner of A’s parent |
| |
| 10 |
| A’s stepdaughter includes a person who is the daughter of A’s civil |
| |
partner (but is not A’s daughter); |
| |
| A’s stepson includes a person who is the son of A’s civil partner (but is |
| |
| |
| A’s stepfather includes a person who is the civil partner of A’s father (but |
| 15 |
| |
| A’s stepmother includes a person who is the civil partner of A’s mother |
| |
| |
| A’s stepbrother includes a person who is the son of the civil partner of A’s |
| |
parent (but is not the son of either of A’s parents); |
| 20 |
| A’s stepsister includes a person who is the daughter of the civil partner of |
| |
A’s parent (but is not the daughter of either of A’s parents). |
| |
(2) | For the purposes of any provision to which this section applies— |
| |
| “brother-in-law” includes civil partner’s brother, |
| |
| “daughter-in-law” includes daughter’s civil partner, |
| 25 |
| “father-in-law” includes civil partner’s father, |
| |
| “mother-in-law” includes civil partner’s mother, |
| |
| “parent-in-law” includes civil partner’s parent, |
| |
| “sister-in-law” includes civil partner’s sister, and |
| |
| “son-in-law” includes son’s civil partner. |
| 30 |
247 | Provisions to which section 246 applies: Acts of Parliament etc. |
| |
(1) | Section 246 applies to— |
| |
(a) | any provision listed in Schedule 21 (references to stepchildren, in-laws |
| |
| |
(b) | except in so far as otherwise provided, any provision made by a future |
| 35 |
| |
(c) | except in so far as otherwise provided, any provision made by future |
| |
| |
(2) | A Minister of the Crown may by order— |
| |
(a) | amend Schedule 21 by adding to it any provision of an existing Act; |
| 40 |
(b) | provide for section 246 to apply to prescribed provisions of existing |
| |
| |
(3) | The power conferred by subsection (2) is also exercisable— |
| |
(a) | by the Scottish Ministers, in relation to a relevant Scottish provision; |
| |
| |
| |
|
| |
| |
(b) | by a Northern Ireland department, in relation to a provision which |
| |
deals with a transferred matter; |
| |
(c) | by the National Assembly for Wales, if the order is made by virtue of |
| |
subsection (2)(b) and deals with matters with respect to which |
| |
functions are exercisable by the Assembly. |
| 5 |
(4) | Subject to subsection (5), the power to make an order under subsection (2) is |
| |
exercisable by statutory instrument. |
| |
(5) | Any power of a Northern Ireland department to make an order under |
| |
subsection (2) is exercisable by statutory rule for the purposes of the Statutory |
| |
Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)). |
| 10 |
(6) | A statutory instrument containing an order under subsection (2) made by a |
| |
Minister of the Crown is subject to annulment in pursuance of a resolution of |
| |
either House of Parliament. |
| |
(7) | A statutory instrument containing an order under subsection (2) made by the |
| |
Scottish Ministers is subject to annulment in pursuance of a resolution of the |
| 15 |
| |
(8) | A statutory rule containing an order under subsection (2) made by a Northern |
| |
Ireland department is subject to negative resolution (within the meaning of |
| |
section 41(6) of the Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.))). |
| |
| 20 |
| “Act” includes an Act of the Scottish Parliament; |
| |
| “existing Act” means an Act passed on or before the last day of the Session |
| |
in which this Act is passed; |
| |
| “existing subordinate legislation” means subordinate legislation made |
| |
before the day on which this section comes into force; |
| 25 |
| “future Act” means an Act passed after the last day of the Session in which |
| |
| |
| “future subordinate legislation” means subordinate legislation made on |
| |
or after the day on which this section comes into force; |
| |
| “Minister of the Crown” has the same meaning as in the Ministers of the |
| 30 |
| |
| “prescribed” means prescribed by the order; |
| |
| “relevant Scottish provision” means a provision that would be within the |
| |
legislative competence of the Scottish Parliament if it were included in |
| |
an Act of that Parliament; |
| 35 |
| “subordinate legislation” has the same meaning as in the Interpretation |
| |
Act 1978 (c. 30) except that it includes an instrument made under an Act |
| |
of the Scottish Parliament; |
| |
| “transferred matter” has the meaning given by section 4(1) of the |
| |
Northern Ireland Act 1998 (c. 47) and “deals with” in relation to a |
| 40 |
transferred matter is to be construed in accordance with section 98(2) |
| |
| |
248 | Provisions to which section 246 applies: Northern Ireland |
| |
(1) | Section 246 applies to— |
| |
(a) | any provision listed in Schedule 22 (references to stepchildren, etc. in |
| 45 |
Northern Ireland legislation), |
| |
| |
| |
|
| |
| |
(b) | except in so far as otherwise provided, any provision made by any |
| |
future Northern Ireland legislation, and |
| |
(c) | except in so far as otherwise provided, any provision made by any |
| |
future subordinate legislation. |
| |
(2) | The Department of Finance and Personnel may by order— |
| 5 |
(a) | amend Schedule 22 by adding to it any provision of existing Northern |
| |
| |
(b) | provide for section 246 to apply to prescribed provisions of existing |
| |
| |
(3) | The power to make an order under subsection (2) is exercisable by statutory |
| 10 |
rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 |
| |
(S.I. 1979/1573 (N.I. 12)). |
| |
(4) | An order under subsection (2) is subject to negative resolution (within the |
| |
meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 (1954 |
| |
| 15 |
| |
| “existing Northern Ireland legislation” means Northern Ireland |
| |
legislation passed or made on or before the last day of the Session in |
| |
which this Act is passed; |
| |
| “existing subordinate legislation” means subordinate legislation made |
| 20 |
before the day on which this section comes into force; |
| |
| “future Northern Ireland legislation” means Northern Ireland legislation |
| |
passed or made after the last day of the Session in which this Act is |
| |
| |
| “future subordinate legislation” means subordinate legislation made on |
| 25 |
or after the day on which this section comes into force; |
| |
| “prescribed” means prescribed by the order; |
| |
| “subordinate legislation” means any instrument (within the meaning of |
| |
section 1(c) of the Interpretation Act (Northern Ireland) 1954). |
| |
| 30 |
| |
249 | Immigration control and formation of civil partnerships |
| |
Schedule 23 contains provisions relating to the formation of civil partnerships |
| |
in the United Kingdom by persons subject to immigration control. |
| |
250 | Gender recognition where applicant a civil partner |
| 35 |
(1) | Amend the Gender Recognition Act 2004 (c. 7) as follows. |
| |
| |
(a) | section 3 (evidence), in subsection (6)(a), and |
| |
(b) | section 4 (successful applications), in subsections (2) and (3), |
| |
| after “is married” insert “or a civil partner”. |
| 40 |
(3) | In section 5 (subsequent issue of full certificates)— |
| |
(a) | in subsection (2), after “is again married” insert “or is a civil partner”, |
| |
| |
| |
|
| |
| |
(b) | in subsection (6)(a), for “is not married” substitute “is neither married |
| |
nor a civil partner”, and |
| |
(c) | for the heading substitute “Issue of full certificates where applicant has |
| |
| |
(4) | After section 5 insert— |
| 5 |
“5A | Issue of full certificates where applicant has been a civil partner |
| |
| |
(a) | makes final a nullity order made on the ground that an interim |
| |
gender recognition certificate has been issued to a civil partner, |
| |
| 10 |
(b) | (in Scotland) grants a decree of dissolution on that ground, |
| |
| must, on doing so, issue a full gender recognition certificate to that civil |
| |
partner and send a copy to the Secretary of State. |
| |
(2) | If an interim gender recognition certificate has been issued to a person |
| |
| 15 |
(a) | the person’s civil partnership is dissolved or annulled |
| |
(otherwise than on the ground mentioned in subsection (1)) in |
| |
proceedings instituted during the period of six months |
| |
beginning with the day on which it was issued, or |
| |
(b) | the person’s civil partner dies within that period, |
| 20 |
| the person may make an application for a full gender recognition |
| |
certificate at any time within the period specified in subsection (3) |
| |
(unless the person is again a civil partner or is married). |
| |
(3) | That period is the period of six months beginning with the day on |
| |
which the civil partnership is dissolved or annulled or the death occurs. |
| 25 |
(4) | An application under subsection (2) must include evidence of the |
| |
dissolution or annulment of the civil partnership and the date on which |
| |
proceedings for it were instituted, or of the death of the civil partner |
| |
and the date on which it occurred. |
| |
(5) | An application under subsection (2) is to be determined by a Gender |
| 30 |
| |
| |
(a) | must grant the application if satisfied that the applicant is |
| |
neither a civil partner nor married, and |
| |
(b) | otherwise must reject it. |
| 35 |
(7) | If the Panel grants the application it must issue a full gender |
| |
recognition certificate to the applicant.” |
| |
| |
(a) | section 7 (applications: supplementary), in subsection (1), |
| |
(b) | section 8 (appeals etc.), in subsections (1) and (5), and |
| 40 |
(c) | section 22 (prohibition on disclosure of information), in subsection |
| |
| |
| after “5(2)” insert “, 5A(2)”. |
| |
(6) | In section 21 (foreign gender change and marriage), in subsection (4), after |
| |
“entered into a later (valid) marriage” insert “or civil partnership”. |
| 45 |
| |
| |
|
| |
| |
(7) | In section 25 (interpretation), in the definition of “full gender recognition |
| |
certificate” and “interim gender recognition certificate”, for “or 5” substitute “, |
| |
| |
(8) | In Schedule 1 (Gender Recognition Panels), in paragraph 5, after “5(2)” insert |
| |
| 5 |
(9) | In Schedule 3 (registration), in paragraphs 9(1), 19(1) and 29(1), for “or 5(2)” |
| |
substitute “, 5(2) or 5A(2)”. |
| |
251 | Discrimination against civil partners in employment field |
| |
(1) | Amend the Sex Discrimination Act 1975 (c. 65) as follows. |
| |
(2) | For section 3 (discrimination against married persons in employment field) |
| 10 |
| |
“3 | Discrimination against married persons and civil partners in |
| |
| |
(1) | In any circumstances relevant for the purposes of any provision of Part |
| |
2, a person discriminates against a person (“A”) who fulfils the |
| 15 |
condition in subsection (2) if— |
| |
(a) | on the ground of the fulfilment of the condition, he treats A less |
| |
favourably than he treats or would treat a person who does not |
| |
| |
(b) | he applies to A a provision, criterion or practice which he |
| 20 |
applies or would apply equally to a person who does not fulfil |
| |
| |
(i) | which puts or would put persons fulfilling the condition |
| |
at a particular disadvantage when compared with |
| |
persons not fulfilling the condition, and |
| 25 |
(ii) | which puts A at that disadvantage, and |
| |
(iii) | which he cannot show to be a proportionate means of |
| |
achieving a legitimate aim. |
| |
(2) | The condition is that the person is— |
| |
| 30 |
| |
(3) | For the purposes of subsection (1), a provision of Part 2 framed with |
| |
reference to discrimination against women is to be treated as applying |
| |
equally to the treatment of men, and for that purpose has effect with |
| |
such modifications as are requisite.” |
| 35 |
(3) | In section 5 (interpretation), for subsection (3) substitute— |
| |
“(3) | Each of the following comparisons, that is— |
| |
(a) | a comparison of the cases of persons of different sex under |
| |
| |
(b) | a comparison of the cases of persons required for the purposes |
| 40 |
| |
(c) | a comparison of the cases of persons who do and who do not |
| |
fulfil the condition in section 3(2), |
| |
| must be such that the relevant circumstances in the one case are the |
| |
same, or not materially different, in the other.”; |
| 45 |
| |
| |
|
