|
| |
|
| |
(4) | In section 7 (exception where sex is a genuine occupational qualification), in |
| |
subsection (2)(h) for “by a married couple” substitute “— |
| |
| |
(ii) | by a couple who are civil partners of each other, or |
| 5 |
(iii) | by a married couple or a couple who are civil partners of |
| |
| |
(5) | In section 65 (remedies on complaint under section 63), in subsection (1B) for |
| |
“or marital status as the case may be” substitute “or (as the case may be) |
| |
fulfilment of the condition in section 3(2)”. |
| 10 |
252 | Discrimination against civil partners in employment field: Northern Ireland |
| |
(1) | Amend the Sex Discrimination (Northern Ireland) Order 1976 (S.I. 1976/1042 |
| |
| |
(2) | For Article 5 (discrimination against married persons in employment field) |
| |
| 15 |
“5 | Discrimination against married persons and civil partners in |
| |
| |
(1) | In any circumstances relevant for the purposes of any provision of Part |
| |
3, a person discriminates against a person (“A”) who fulfils the |
| |
condition in paragraph (2) if— |
| 20 |
(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 |
| |
applies or would apply equally to a person who does not fulfil |
| 25 |
| |
(i) | which puts or would put persons fulfilling the condition |
| |
at a particular disadvantage when compared with |
| |
persons not fulfilling the condition, and |
| |
(ii) | which puts A at that disadvantage, and |
| 30 |
(iii) | which he cannot show to be a proportionate means of |
| |
achieving a legitimate aim. |
| |
(2) | The condition is that the person is— |
| |
| |
| 35 |
(3) | For the purposes of paragraph (1), a provision of Part 3 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.” |
| |
(3) | For Article 7 (basis of comparison) substitute— |
| 40 |
| |
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 |
| |
| |
(c) | a comparison of the cases of persons who do and who do not |
| |
fulfil the condition in Article 5(2), |
| |
must be such that the relevant circumstances in the one case are the |
| 5 |
same, or not materially different, in the other.”; |
| |
| |
(4) | In Article 10 (exception where sex is a genuine occupational qualification), in |
| |
paragraph (2)(h) for “by a married couple” substitute— |
| |
“(i) | by a married couple, |
| 10 |
(ii) | by a couple who are civil partners of each other, or |
| |
(iii) | by a married couple or a couple who are civil partners of |
| |
| |
(5) | In Article 65 (remedies on complaint under Article 63), in paragraph (1B) for |
| |
“or marital status as the case may be” substitute “or (as the case may be) |
| 15 |
fulfilment of the condition in Article 5(2)”. |
| |
253 | Civil partners to have unlimited insurable interest in each other |
| |
(1) | Where two people are civil partners, each of them is to be presumed for the |
| |
purposes of section 1 of the Life Assurance Act 1774 (c. 48) to have an interest |
| |
in the life of the other. |
| 20 |
(2) | For the purposes of section 3 of the 1774 Act, there is no limit on the amount of |
| |
| |
254 | Social security, child support and tax credits |
| |
(1) | Schedule 24 contains amendments relating to social security, child support and |
| |
| 25 |
(2) | Subsection (3) applies in relation to any provision of any Act, Northern Ireland |
| |
legislation or subordinate legislation which— |
| |
(a) | relates to social security, child support or tax credits, and |
| |
(b) | contains references (however expressed) to persons who are living or |
| |
have lived together as husband and wife. |
| 30 |
(3) | The power under section 259 to make orders amending enactments, Northern |
| |
Ireland legislation and subordinate legislation is to be treated as including |
| |
power to amend the provision to refer to persons who are living or have lived |
| |
together as if they were civil partners. |
| |
(4) | Subject to subsection (5), section 175(3), (5) and (6) of the Social Security |
| 35 |
Contributions and Benefits Act 1992 (c. 4) applies to the exercise of the power |
| |
under section 259 in relation to social security, child support or tax credits as it |
| |
applies to any power under that Act to make an order (there being disregarded |
| |
for the purposes of this subsection the exceptions in section 175(3) and (5) of |
| |
| 40 |
(5) | Section 171(3), (5) and (6) of the Social Security Contributions and Benefits |
| |
(Northern Ireland) Act 1992 (c. 7) applies to the exercise by a Northern Ireland |
| |
department of the power under section 259 in relation to social security and |
| |
child support as it applies to any power under that Act to make an order (there |
| |
|
| |
|
| |
|
being disregarded for the purposes of this subsection the exceptions in section |
| |
171(3) and (5) of that Act). |
| |
(6) | The reference in subsection (2) to an Act or Northern Ireland legislation |
| |
relating to social security is to be read as including a reference to— |
| |
(a) | the Pneumoconiosis etc. (Workers’ Compensation) Act 1979 (c. 41), and |
| 5 |
(b) | the Pneumoconiosis, etc., (Workers’ Compensation) (Northern Ireland) |
| |
Order 1979 (S.I. 1979/925 (N.I. 9)); |
| |
| and the references in subsections (4) and (5) to social security are to be |
| |
| |
255 | Power to amend enactments relating to pensions |
| 10 |
(1) | A Minister of the Crown may by order make such amendments, repeals or |
| |
revocations in any enactment, Northern Ireland legislation, subordinate |
| |
legislation or Church legislation relating to pensions, allowances or gratuities |
| |
as he considers appropriate for the purpose of, or in connection with, making |
| |
provision with respect to pensions, allowances or gratuities for the surviving |
| 15 |
civil partners or dependants of deceased civil partners. |
| |
(2) | The power conferred by subsection (1) is also exercisable— |
| |
(a) | by the Scottish Ministers, if the provision making the amendment, |
| |
repeal or revocation is a relevant Scottish provision; |
| |
(b) | by a Northern Ireland department, if the provision making the |
| 20 |
amendment, repeal or revocation deals with a transferred matter. |
| |
(3) | In the case of judicial pensions, allowances or gratuities, the power conferred |
| |
by subsection (1) is exercisable— |
| |
(a) | in relation to any judicial office whose jurisdiction is exercised |
| |
exclusively in relation to Scotland, by the Secretary of State, or |
| 25 |
(b) | subject to paragraph (a), by the Lord Chancellor. |
| |
(4) | The provision which may be made by virtue of subsection (1) may be the same |
| |
as, or different to, the provision made with respect to widows, widowers or the |
| |
dependants of persons who are not civil partners. |
| |
(5) | The power conferred by subsection (1) is not restricted by any provision of this |
| 30 |
| |
(6) | Before the appropriate person makes an order under subsection (1) he must |
| |
consult such persons as he considers appropriate. |
| |
(7) | Subsection (6) does not apply— |
| |
(a) | to an order in the case of which the appropriate person considers that |
| 35 |
consultation is inexpedient because of urgency, or |
| |
(b) | to an order made before the end of the period of 6 months beginning |
| |
with the coming into force of this section. |
| |
(8) | Subject to subsection (9), the power to make an order under subsection (1) is |
| |
exercisable by statutory instrument. |
| 40 |
(9) | Any power of a Northern Ireland department to make an order under this |
| |
section is exercisable by statutory rule for the purposes of the Statutory Rules |
| |
(Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)). |
| |
(10) | An order under subsection (1) may not be made— |
| |
|
| |
|
| |
|
(a) | by a Minister of the Crown, unless a draft of the statutory instrument |
| |
containing the order has been laid before, and approved by a resolution |
| |
of, each House of Parliament; |
| |
(b) | by the Scottish Ministers, unless a draft of the statutory instrument |
| |
containing the order has been laid before, and approved by a resolution |
| 5 |
of, the Scottish Parliament; |
| |
(c) | by a Northern Ireland department, unless a draft of the statutory rule |
| |
containing the order has been laid before, and approved by a resolution |
| |
of, the Northern Ireland Assembly. |
| |
| 10 |
| “the appropriate person”, in relation to an order under this section, means |
| |
the person making the order; |
| |
| “Church legislation” means— |
| |
(a) | any Measure of the Church Assembly or of the General Synod |
| |
of the Church of England, or |
| 15 |
(b) | any order, regulation or other instrument made under or by |
| |
virtue of such a Measure; |
| |
| “enactment” includes an enactment comprised in an Act of the Scottish |
| |
| |
| “Minister of the Crown” has the same meaning as in the Ministers of the |
| 20 |
| |
| “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; |
| |
| “subordinate legislation” has the same meaning as in the Interpretation |
| 25 |
Act 1978 (c. 30) except that it includes any instrument made under an |
| |
Act of the Scottish Parliament and any instrument within the meaning |
| |
of section 1(c) of the Interpretation Act (Northern Ireland) 1954 (1954 |
| |
| |
| “transferred matter” has the meaning given by section 4(1) of the |
| 30 |
Northern Ireland Act 1998 (c. 47) and “deals with” in relation to a |
| |
transferred matter is to be construed in accordance with section 98(2) |
| |
| |
256 | Amendment of certain enactments relating to pensions |
| |
Schedule 25 amends certain enactments relating to pensions. |
| 35 |
257 | Amendment of certain enactments relating to the armed forces |
| |
Schedule 26 amends certain enactments relating to the armed forces. |
| |
| |
| |
258 | Regulations and orders |
| 40 |
(1) | This section applies to any power conferred by this Act to make regulations or |
| |
an order (except a power of a court to make an order). |
| |
|
| |
|
| |
|
(2) | The power may be exercised so as to make different provision for different |
| |
cases and different purposes. |
| |
(3) | The power includes power to make any supplementary, incidental, |
| |
consequential, transitional, transitory or saving provision which the person |
| |
making the regulations or order considers expedient. |
| 5 |
259 | Power to make further provision in connection with civil partnership |
| |
(1) | A Minister of the Crown may by order make such further provision (including |
| |
supplementary, incidental, consequential, transitory, transitional or saving |
| |
provision) as he considers appropriate— |
| |
(a) | for the general purposes, or any particular purpose, of this Act, |
| 10 |
(b) | in consequence of any provision made by or under this Act, or |
| |
(c) | for giving full effect to this Act or any provision of it. |
| |
(2) | The power conferred by subsection (1) 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 |
| 15 |
deals with a transferred matter; |
| |
(c) | by the National Assembly for Wales, in relation to a provision which is |
| |
made otherwise than by virtue of subsection (3) and deals with matters |
| |
with respect to which functions are exercisable by the Assembly. |
| |
(3) | An order under subsection (1) may— |
| 20 |
(a) | amend or repeal any enactment contained in an Act passed on or before |
| |
the last day of the Session in which this Act is passed, including an |
| |
enactment conferring power to make subordinate legislation where the |
| |
power is limited by reference to persons who are or have been parties |
| |
| 25 |
(b) | amend, repeal or (as the case may be) revoke any provision contained |
| |
in Northern Ireland legislation passed or made on or before the last day |
| |
of the Session in which this Act is passed, including a provision |
| |
conferring power to make subordinate legislation where the power is |
| |
limited by reference to persons who are or have been parties to a |
| 30 |
| |
(c) | amend, repeal or (as the case may be) revoke any Church legislation. |
| |
(4) | An order under subsection (1) may— |
| |
(a) | provide for any provision of this Act which comes into force before |
| |
another such provision has come into force to have effect, until that |
| 35 |
other provision has come into force, with such modifications as are |
| |
| |
(b) | amend or revoke any subordinate legislation. |
| |
(5) | The power to make an order under subsection (1) is not restricted by any other |
| |
| 40 |
(6) | Subject to subsection (7), the power to make an order under subsection (1) is |
| |
exercisable by statutory instrument. |
| |
(7) | Any power of a Northern Ireland department to make an order under this |
| |
section is exercisable by statutory rule for the purposes of the Statutory Rules |
| |
(Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)). |
| 45 |
|
| |
|
| |
|
(8) | An order under subsection (1) which contains any provision (whether alone or |
| |
with other provisions) made by virtue of subsection (3) may not be made— |
| |
(a) | by a Minister of the Crown, unless a draft of the statutory instrument |
| |
containing the order has been laid before, and approved by a resolution |
| |
of, each House of Parliament; |
| 5 |
(b) | by the Scottish Ministers, unless a draft of the statutory instrument |
| |
containing the order has been laid before, and approved by a resolution |
| |
of, the Scottish Parliament; |
| |
(c) | by a Northern Ireland department, unless a draft of the statutory rule |
| |
containing the order has been laid before, and approved by a resolution |
| 10 |
of, the Northern Ireland Assembly. |
| |
(9) | A statutory instrument containing an order under subsection (1) to which |
| |
subsection (8) does not apply— |
| |
(a) | if made by a Minister of the Crown, is subject to annulment in |
| |
pursuance of a resolution of either House of Parliament; |
| 15 |
(b) | if made by the Scottish Ministers, is subject to annulment in pursuance |
| |
of a resolution of the Scottish Parliament. |
| |
(10) | A statutory rule made by a Northern Ireland department and containing an |
| |
order to which subsection (8) does not apply is subject to negative resolution |
| |
(within the meaning of section 41(6) of the Interpretation Act (Northern |
| 20 |
Ireland) 1954 (c. 33 (N.I.))). |
| |
| |
| “Act” includes an Act of the Scottish Parliament; |
| |
| “Church legislation” has the same meaning as in section 255; |
| |
| “Minister of the Crown” has the same meaning as in the Ministers of the |
| 25 |
| |
| “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; |
| |
| “subordinate legislation” has the same meaning as in the Interpretation |
| 30 |
Act 1978 (c. 30) except that it includes any instrument made under an |
| |
Act of the Scottish Parliament and any instrument within the meaning |
| |
of section 1(c) of the Interpretation Act (Northern Ireland) 1954 (c. 33 |
| |
| |
| “transferred matter” has the meaning given by section 4(1) of the |
| 35 |
Northern Ireland Act 1998 (c. 47) and “deals with” in relation to a |
| |
transferred matter is to be construed in accordance with section 98(2) |
| |
| |
260 | Community obligations and civil partners |
| |
(1) | Subsection (2) applies where any person, by Order in Council or regulations |
| 40 |
under section 2(2) of the European Communities Act 1972 (c. 68) (general |
| |
implementation of Treaties)— |
| |
(a) | is making provision for the purpose of implementing, or for a purpose |
| |
concerning, a Community obligation of the United Kingdom which |
| |
relates to persons who are or have been parties to a marriage, or |
| 45 |
(b) | has made such provision and it has not been revoked. |
| |
(2) | The appropriate person may by Order in Council or (as the case may be) by |
| |
regulations make provision in relation to persons who are or have been civil |
| |
|
| |
|
| |
|
partners in a civil partnership that is the same or similar to the provision |
| |
referred to in subsection (1). |
| |
(3) | “Marriage” and “civil partnership” include a void marriage and a void civil |
| |
partnership respectively. |
| |
(4) | “The appropriate person” means— |
| 5 |
(a) | if subsection (1)(a) applies, the person making the provision referred to |
| |
| |
(b) | if subsection (1)(b) applies, any person who would have power to make |
| |
the provision referred to there if it were being made at the time of the |
| |
exercise of the power under subsection (2). |
| 10 |
(5) | The following provisions apply in relation to the power conferred by |
| |
subsection (2) to make an Order in Council or regulations as they apply in |
| |
relation to the power conferred by section 2(2) of the 1972 Act to make an Order |
| |
in Council or regulations— |
| |
(a) | paragraph 2 of Schedule 2 to the 1972 Act (procedure etc. in relation to |
| 15 |
making of Orders in Council and regulations: general); |
| |
(b) | paragraph 15(3)(c) of Schedule 8 to the Scotland Act 1998 (c. 46) |
| |
(modifications of paragraph 2 in relation to Scottish Ministers and to |
| |
Orders in Council made on the recommendation of the First Minister); |
| |
(c) | paragraph 3 of Schedule 2 to the 1972 Act (modifications of paragraph |
| 20 |
2 in relation to Northern Ireland departments etc.) and the Statutory |
| |
Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)) (treating |
| |
the power conferred by subsection (2) as conferred by an Act passed |
| |
before 1st January 1974 for the purposes of the application of that |
| |
| 25 |
(d) | section 29(3) of the Government of Wales Act 1998 (c. 38) |
| |
(modifications of paragraph 2 in relation to the National Assembly for |
| |
| |
261 | Minor and consequential amendments, repeals and revocations |
| |
(1) | Schedule 27 contains minor and consequential amendments. |
| 30 |
(2) | Schedule 28 contains consequential amendments of enactments relating to |
| |
| |
(3) | Schedule 29 contains minor and consequential amendments relating to |
| |
| |
(4) | Schedule 30 contains repeals and revocations. |
| 35 |
| |
(1) | Part 2 (civil partnership: England and Wales), excluding section 35 but |
| |
including Schedules 1 to 9, extends to England and Wales only. |
| |
(2) | Part 3 (civil partnership: Scotland), including Schedules 10 and 11, extends to |
| |
| 40 |
(3) | Part 4 (civil partnership: Northern Ireland), including Schedules 12 to 19, |
| |
extends to Northern Ireland only. |
| |
(4) | In Part 5 (civil partnerships formed or dissolved abroad etc.)— |
| |
(a) | sections 220 to 224 extend to England and Wales only; |
| |
|
| |
|