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 8 — Supplementary
130

(b)
sections 225 to 227 extend to Scotland only;
(c)
sections 228 to 232 extend to Northern Ireland only.
(5)
In Part 6—
(a)
any amendment made by virtue of section 247(1)(a) and Schedule 21
has the same extent as the provision subject to the amendment;
5
(b)
section 248 and Schedule 22 extend to Northern Ireland only.
(6)
Section 251 extends to England and Wales and Scotland only.
(7)
Section 252 extends to Northern Ireland only.
(8)
Schedule 28 extends to Scotland only.
(9)
Schedule 29 extends to Northern Ireland only.
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(10)
Any amendment, repeal or revocation made by Schedules 24 to 27 and 30 has
the same extent as the provision subject to the amendment, repeal or
revocation.
263
Commencement
(1)
Part 1 comes into force in accordance with provision made by order by the
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Secretary of State, after consulting the Scottish Ministers and the Department
of Finance and Personnel.
(2)
Part 2, including Schedules 1 to 9, comes into force in accordance with
provision made by order by the Secretary of State.
(3)
Part 3, including Schedules 10 and 11, comes into force in accordance with
20
provision made by order by the Scottish Ministers, after consulting the
Secretary of State.
(4)
Part 4, including Schedules 12 to 19, comes into force in accordance with
provision made by order by the Department of Finance and Personnel, after
consulting the Secretary of State.
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(5)
Part 5, excluding section 213(2) to (6) but including Schedule 20, comes into
force in accordance with provision made by order by the Secretary of State,
after consulting the Scottish Ministers and the Department of Finance and
Personnel.
(6)
Section 213(2) to (6) comes into force on the day on which this Act is passed.
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(7)
In Part 6 —
(a)
sections 246 and 247(1) and Schedule 21 come into force in accordance
with provision made by order by the Secretary of State, after consulting
the Scottish Ministers and the Department of Finance and Personnel,
(b)
section 248(1) and Schedule 22 come into force in accordance with
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provision made by order by the Department of Finance and Personnel,
after consulting the Secretary of State, and
(c)
sections 247(2) to (7) and 248(2) to (5) come into force on the day on
which this Act is passed.
(8)
In Part 7—
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(a)
sections 249, 251, 253, 256 and 257 and Schedules 23, 25 and 26 come
into force in accordance with provision made by order by the Secretary
of State,

Civil Partnership Bill [HL]
Part 8 — Supplementary
131

(b)
section 250 comes into force in accordance with provision made by
order by the Secretary of State, after consulting the Scottish Ministers
and the Department of Finance and Personnel,
(c)
section 252 comes into force in accordance with provision made by the
Department of Finance and Personnel, after consulting the Secretary of
5
State,
(d)
subject to paragraph (e), section 254(1) and Schedule 24 come into force
in accordance with provision made by order by the Secretary of State,
(e)
the provisions of Schedule 24 listed in subsection (9), and section 254(1)
so far as relating to those provisions, come into force in accordance with
10
provision made by the Department of Finance and Personnel, after
consulting the Secretary of State, and
(f)
sections 254(2) to (6) and 255 come into force on the day on which this
Act is passed.
(9)
The provisions are—
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(a)
Part 2;
(b)
in Part 5, paragraphs 67 to 85, 87, 89 to 99 and 102 to 105;
(c)
Part 6;
(d)
Parts 9 and 10;
(e)
Part 15.
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(10)
In this Part—
(a)
sections 258, 259, 260 and 262, this section and section 264 come into
force on the day on which this Act is passed,
(b)
section 261(1) and Schedule 27 and, except so far as relating to any Acts
of the Scottish Parliament or any provision which extends to Northern
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Ireland only, section 261(4) and Schedule 30 come into force in
accordance with provision made by order by the Secretary of State,
(c)
section 261(2) and Schedule 28 and, so far as relating to any Acts of the
Scottish Parliament, section 261(4) and Schedule 30 come into force in
accordance with provision made by order by the Scottish Ministers,
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after consulting the Secretary of State,
(d)
section 261(3) and Schedule 29 and, so far as relating to any provision
which extends to Northern Ireland only, section 261(4) and Schedule 30
come into force in accordance with provision made by order by the
Department of Finance and Personnel, after consulting the Secretary of
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State.
(11)
The power to make an order under this section is exercisable by statutory
instrument.
264
Short title
This Act may be cited as the Civil Partnership Act 2004.
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132
Civil Partnership Bill [HL]
Schedule 1 — Prohibited degrees of relationship: England and Wales
Part 1 — The prohibitions

Schedules
Schedule 1
Sections 3(2) and 5(3)

Prohibited degrees of relationship: England and Wales
Part 1
The prohibitions
5
Absolute prohibitions
1     (1)
Two people are within prohibited degrees of relationship if one falls within
the list below in relation to the other.

Adoptive child

Adoptive parent

10

Child

Former adoptive child

Former adoptive parent

Grandparent

Grandchild

15

Parent

Parent’s sibling

Sibling

Sibling’s child

      (2)
In the list “sibling” means a brother, sister, half-brother or half-sister.
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Qualified prohibitions
2     (1)
Two people are within prohibited degrees of relationship if one of them falls
within the list below in relation to the other, unless—
(a)
both of them have reached 21 at the time when they register as civil
partners of each other, and
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(b)
the younger has not at any time before reaching 18 been a child of the
family in relation to the other.

Civil Partnership Bill [HL]
Schedule 1 — Prohibited degrees of relationship: England and Wales
Part 2 — Special provisions relating to qualified prohibitions
133

Child of former civil partner

Child of former spouse

Former civil partner of grandparent

Former civil partner of parent

Former spouse of grandparent

5

Former spouse of parent

Grandchild of former civil partner

Grandchild of former spouse

      (2)
“Child of the family”, in relation to another person, means a person who—
(a)
has lived in the same household as that other person, and
10
(b)
has been treated by that other person as a child of his family.
3
Two people are within prohibited degrees of relationship if one falls within
column 1 of the table below in relation to the other, unless—
(a)
both of them have reached 21 at the time when they register as civil
partners of each other, and
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(b)
the persons who fall within column 2 are dead.

Relationship
Relevant deaths

Former civil partner of child
The child

The child’s other parent

Former spouse of child
The child

20

The child’s other parent

Parent of former civil partner
The former civil partner

The former civil partner’s other

parent

Parent of former spouse
The former spouse

25

The former spouse’s other

parent

Part 2
Special provisions relating to qualified prohibitions
Provisions relating to paragraph 2
30
4
Paragraphs 5 to 7 apply where two people are subject to paragraph 2 but
intend to register as civil partners of each other by signing a civil partnership
schedule.
5     (1)
The fact that a notice of proposed civil partnership has been given must not
be recorded in the register unless the registration authority—
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Civil Partnership Bill [HL]
Schedule 1 — Prohibited degrees of relationship: England and Wales
Part 2 — Special provisions relating to qualified prohibitions
134

(a)
is satisfied by the production of evidence that both the proposed civil
partners have reached 21, and
(b)
has received a declaration made by each of the proposed civil
partners—
(i)
specifying their affinal relationship, and
5
(ii)
declaring that the younger of them has not at any time before
reaching 18 been a child of the family in relation to the other.
      (2)
Sub-paragraph (1) does not apply if a declaration is obtained under
paragraph 7.
      (3)
A declaration under sub-paragraph (1)(b) must contain such information
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and must be signed and attested in such manner as may be prescribed by
regulations.
      (4)
The fact that a registration authority has received a declaration under sub-
paragraph (1)(b) must be recorded in the register.
      (5)
A declaration under sub-paragraph (1)(b) must be filed and kept by the
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registration authority.
6     (1)
Sub-paragraph (2) applies if—
(a)
a registration authority receives from a person who is not one of the
proposed civil partners a written statement signed by that person
which alleges that a declaration made under paragraph 5 is false in a
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material particular, and
(b)
the register shows that such a statement has been received.
      (2)
The registration authority in whose area it is proposed that the registration
take place must not issue a civil partnership schedule unless a High Court
declaration is obtained under paragraph 7.
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7     (1)
Either of the proposed civil partners may apply to the High Court for a
declaration that, given that—
(a)
both of them have reached 21, and
(b)
the younger of those persons has not at any time before reaching 18
been a child of the family in relation to the other,
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there is no impediment of affinity to the formation of the civil partnership.
      (2)
Such an application may be made whether or not any statement has been
received by the registration authority under paragraph 6.
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Section 13 (objection to proposed civil partnership) does not apply in
relation to a civil partnership to which paragraphs 5 to 7 apply, except so far
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as an objection to the issue of a civil partnership schedule is made under that
section on a ground other than the affinity between the proposed civil
partners.
Provisions relating to paragraph 3
9     (1)
This paragraph applies where two people are subject to paragraph 3 but
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intend to register as civil partners of each other by signing a civil partnership
schedule.
      (2)
The fact that a notice of proposed civil partnership has been given must not
be recorded in the register unless the registration authority is satisfied by the
production of evidence—
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(a)
that both the proposed civil partners have reached 21, and
(b)
that the persons referred to in paragraph 3(b) are dead.