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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—

 

 

Civil Partnership Bill [HL]
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).

 

 

Civil Partnership Bill [HL]
Part 8 — Supplementary

127

 

(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]
Part 8 — Supplementary

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;

 

 

 
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