Civil Partnership Bill [HL]

House of Commons

Session 2002 - 03
Internet Publications
Other Bills before Parliament

Civil Partnership Bill [HL]

Civil Partnership Bill [HL]
Part 7 — Miscellaneous
123


and omit section 1(4).
(4)
In section 7 (exception where sex is a genuine occupational qualification), in
subsection (2)(h) for “by a married couple” substitute “—
(i)
by a married couple,
(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
each other”.
(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
(N.I. 15)) as follows.
(2)
For Article 5 (discrimination against married persons in employment field)
substitute—
15
“5
Discrimination against married persons and civil partners in
employment field
(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
fulfil the condition, or
(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
the condition, but—
(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—
(a)
married, or
(b)
a civil partner.
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
“7
Basis of comparison
Each of the following comparisons, that is—
(a)
a comparison of the cases of persons of different sex under
Article 3(1) or (2),

Civil Partnership Bill [HL]
Part 7 — Miscellaneous
124

(b)
a comparison of the cases of persons required for the purposes
of Article 4A, and
(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.”;

and omit Article 3(4).
(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
each other”.
(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
value of the interest.
254
Social security, child support and tax credits
(1)
Schedule 24 contains amendments relating to social security, child support and
tax credits.
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
that Act).
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

Civil Partnership Bill [HL]
Part 7 — Miscellaneous
125

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
construed accordingly.
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
Act.
(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—

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Part 8 — Supplementary
126

(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.
(11)
In this section—
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
Parliament;

“Minister of the Crown” has the same meaning as in the Ministers of the
20
Crown Act 1975 (c. 26);

“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
c. 33 (N.I.));

“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)
and (3) of the 1998 Act.
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.
Part 8
Supplementary
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).

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Part 8 — Supplementary
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(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
to a marriage;
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
marriage;
(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
specified in the order;
(b)
amend or revoke any subordinate legislation.
(5)
The power to make an order under subsection (1) is not restricted by any other
provision of this Act.
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

Civil Partnership Bill [HL]
Part 8 — Supplementary
128

(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.))).
(11)
In this section—

“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
Crown Act 1975 (c. 26);

“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
(N.I.));

“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)
and (3) of the 1998 Act.
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

Civil Partnership Bill [HL]
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129

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
there;
(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
Order);
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
Wales).
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
Scotland.
(3)
Schedule 29 contains minor and consequential amendments relating to
Northern Ireland.
(4)
Schedule 30 contains repeals and revocations.
35
262
Extent
(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
Scotland only.
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;