Civil Partnership Bill [HL]

House of Commons

Session 2002 - 03
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Other Bills before Parliament

Civil Partnership Bill [HL]

Civil Partnership Bill [HL]
Schedule 19 — Family homes and domestic violence: Northern Ireland
Part 2 — Consequential amendments
323

     (17)
For paragraph 12 and the heading preceding it substitute—
“Effect of remarriage or subsequent civil partnership
12    (1)
If after the grant of a decree dissolving or annulling a marriage
either spouse remarries or forms a civil partnership, that spouse is
not entitled to apply, by reference to the grant of that decree, for a
5
Part II order.
      (2)
If after the making of a dissolution or nullity order either civil
partner forms a subsequent civil partnership or marries, that civil
partner is not entitled to apply, by reference to the making of that
order, for a Part II order.
10
      (3)
In sub-paragraphs (1) and (2)—
(a)
the references to remarrying and marrying, include
references to cases where the marriage is by law void or
voidable, and
(b)
the references to forming a civil partnership, include
15
references to cases where the civil partnership is by law
void or voidable.”
     (18)
In paragraph 14(1)—
(a)
after “spouse” insert “or civil partner”, and
(b)
for “spouse’s matrimonial home rights” substitute “spouse’s or civil
20
partner’s home rights”.
     (19)
In paragraph 14(2), after “spouse” insert “, civil partner”.
Part 2
Consequential amendments
Land Registration Act (Northern Ireland) 1970 (c. 18)
25
22
In Part 1 of Schedule 6 (registration of certain burdens), in paragraph 14A for
“matrimonial charge (within the meaning of Article 5(1) of the Family Law
(Miscellaneous Provisions) (Northern Ireland) Order 1984 or” substitute
“matrimonial or civil partnership charge (”.
Registration of Deeds Act (Northern Ireland) 1970 (c. 25)
30
23
In section 4(4A), for “matrimonial charge (within the meaning of Article 5(1)
of the Family Law (Miscellaneous Provisions) (Northern Ireland) Order 1984
or” substitute “matrimonial or civil partnership charge (”.
Land Acquisition and Compensation (Northern Ireland) Order 1973 (S.I. 1973/1896 (N.I. 21))
24    (1)
Amend Article 30A (spouses having statutory rights of occupation) as
35
follows.
      (2)
In paragraph (1)—
(a)
for “one spouse (“A”)” substitute “one spouse or civil partner (“A”)”,
and
(b)
for “the other spouse (“B”) acquires matrimonial home rights”
40
substitute “the other spouse or civil partner (“B”) acquires home
rights”.

Civil Partnership Bill [HL]
Schedule 19 — Family homes and domestic violence: Northern Ireland
Part 2 — Consequential amendments
324

      (3)
In paragraph (2), for “matrimonial home rights” substitute “home rights”.
      (4)
In the heading to Article 30A, after “spouses” insert “and civil partners”.
Rent (Northern Ireland) Order 1978 (S.I. 1978/1050 (N.I. 20))
25    (1)
Amend Article 14 (extended discretion of court in certain proceedings for
possession) as follows.
5
      (2)
In paragraph (4A)(b), for “tenant’s spouse or former spouse, having
matrimonial home rights” substitute “tenant’s spouse or former spouse, or
civil partner or former civil partner, having home rights”.
      (3)
In paragraph (4B)—
(a)
after “the spouse or former spouse” insert “, or the civil partner or
10
former civil partner,”, and
(b)
for “those matrimonial home rights” substitute “those home rights”.
      (4)
In paragraph (4C)—
(a)
in sub-paragraph (b), for “former spouse of the tenant” substitute
“former spouse or former civil partner of the tenant”, and
15
(b)
in sub-paragraph (c) after “former spouse,” insert “former civil
partner,”.
      (5)
In paragraph (4D), after “former spouse,” insert “former civil partner,”.
Housing (Northern Ireland) Order 1983 (S.I. 1983/1118 (N.I. 15))
26
In Article 36(1)(d) (rent not to be increased on account of tenant’s
20
improvements), after “former spouse” insert “civil partner, former civil
partner,”.
27    (1)
Amend Article 47 (extended discretion of court in possession claims) as
follows.
      (2)
In paragraph (5), for “tenant’s spouse or former spouse, having matrimonial
25
home rights” substitute “tenant’s spouse or former spouse, or civil partner
or former civil partner, having home rights”.
      (3)
In paragraph (6)—
(a)
after “the spouse or former spouse” insert “, or the civil partner or
former civil partner”, and
30
(b)
for “those matrimonial home rights” substitute “those home rights”.
      (4)
In paragraph (7)—
(a)
in sub-paragraph (b), for “former spouse of the tenant” substitute
“former spouse or former civil partner of the tenant”,
(b)
in sub-paragraph (c), after “former spouse” insert “former civil
35
partner”.
      (5)
In paragraph (8) after “former spouse,” insert “former civil partner,”.
Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19))
28    (1)
Amend Article 309 (rights of occupation etc. of bankrupt’s spouse) as
follows.
40
      (2)
In paragraph (1), for “matrimonial home rights” substitute “home rights”.
      (3)
In paragraph (2)—

Civil Partnership Bill [HL]
Schedule 19 — Family homes and domestic violence: Northern Ireland
Part 3 — Transitional provision
325

(a)
for “a spouse’s matrimonial home rights” substitute “a spouse’s or
civil partner’s home rights”, and
(b)
after “the other spouse” (in each place) insert “or civil partner”.
      (4)
In paragraph (3) after “spouse or former spouse” insert “or civil partner or
former civil partner”.
5
29    (1)
Amend Article 310 (rights of occupation of bankrupt) as follows.
      (2)
In paragraph (2), for “spouse (if any) has matrimonial home rights”
substitute “spouse or civil partner (if any) has home rights”.
      (3)
In paragraph (3)—
(a)
in sub-paragraph (a), for “matrimonial home rights” substitute
10
“home rights”, and
(b)
in sub-paragraph (c), after “spouse” insert or “civil partner”.
Part 3
Transitional provision
30    (1)
Any reference (however expressed) in any enactment, instrument or
15
document (whether passed or made before or after the passing of this Act)—
(a)
to rights of occupation under, or within the meaning of, Part II of the
Family Law (Miscellaneous Provisions) (Northern Ireland) Order
1984 (S.I. 1984/1984 (N.I. 14)), or
(b)
to matrimonial home rights under, or within the meaning of, the
20
Family Homes and Domestic Violence (Northern Ireland) Order
1998 (S.I. 1998/1071 (N.I. 6)),

is to be construed, so far as is required for continuing the effect of the
instrument or document, as being or as the case requires including a
reference to home rights under, or within the meaning of, the 1998 Order as
25
amended by this Schedule.
      (2)
Any reference (however expressed) in the 1998 Order or in any other
enactment, instrument or document (including any enactment amended by
this Schedule) to home rights under, or within the meaning of, the 1998
Order is to be construed as including, in relation to times, circumstances and
30
purposes before the commencement of this Schedule, references to rights of
occupation under, or within the meaning of, Part II of the 1984 Order and to
matrimonial home rights under, or within the meaning of, the 1998 Order
without the amendments made by this Schedule.
      (3)
Any reference (however expressed) in any enactment, instrument or
35
document (whether passed or made before or after the passing of this Act)
to a matrimonial charge under, or within the meaning of—
(a)
Article 5(1) of the 1984 Order, or
(b)
the 1998 Order,

is to be construed, so far as is required for continuing the effect of the
40
instrument or document, as being or as the case requires including a
reference to a matrimonial or civil partnership charge under, or within the
meaning of, the 1998 Order as amended by this Schedule.
      (4)
Any reference (however expressed) in the 1998 Order or in any other
enactment, instrument or document (including any enactment amended by
45
this Schedule) to a matrimonial or civil partnership charge under, or within
the meaning of, the 1998 Order is to be construed as including, in relation to
times, circumstances and purposes before the commencement of this

Civil Partnership Bill [HL]
Schedule 20 — Meaning of overseas relationship: specified relationships
326

Schedule, references to a matrimonial charge under, or within the meaning
of—
(a)
Article 5(1) of the 1984 Order, or
(b)
the 1998 Order.
Schedule 20
5
Section 213

Meaning of overseas relationship: specified relationships

A relationship is specified for the purposes of section 213 (meaning of
“overseas relationship”) if it is registered in a country or territory given in
the first column of the table and fits the description given in relation to that
country or territory in the second column—
10

Country or territory
Description (continued)

(continued)

Belgium
cohabitation légale (statutory cohabitation)

Belgium
marriage

Canada: Nova
domestic partnership

15

Scotia

Canada: Quebec
civil union

Denmark
registreret partnerskab (registered partnership)

Finland
rekisteröity parisuhde (registered partnership)

France
pacte civile de solidarité (civil solidarity pact)

20

Germany
Lebenspartnerschaft (life partnership)

Iceland
staðfesta samvist (confirmed cohabitation)

Netherlands
geregistreerde partnerschap (registered partnership)

Netherlands
marriage

Norway
registrert partnerskap (registered partnership)

25

Sweden
registrerat partnerskap (registered partnership)

United States of
civil union

America: Vermont