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Civil Partnership Bill [HL]


Civil Partnership Bill [HL]
Schedule 21 — References to stepchildren etc. in existing Acts

327

 

Schedule 21

Section 247

 

References to stepchildren etc. in existing Acts

1          

The Declinature Act 1681 (c. 79) (Senators of College of Justice not to sit in

causes of persons related to them).

2          

Section 21 of the Small Landholders (Scotland) Act 1911 (c. 49) (assignment

5

of holding).

3          

Section 68(2)(e) of the Marriage Act 1949 (c. 76) (solemnisation of marriages

of stepchildren of servicemen in naval, military and air force chapels etc.).

4          

Section 7(7) of the Leasehold Reform Act 1967 (c. 88) (rights of members of

family succeeding to tenancy on death: member of another’s family).

10

5          

Section 18(3) of that Act (residential rights and exclusion of enfranchisement

or extension: adult member of another’s family).

6          

Section 2(2) of the Employers’ Liability (Compulsory Insurance) Act 1969

(c. 57) (employees to be covered).

7          

Section 27(5) of the Parliamentary and other Pensions Act 1972 (c. 48)

15

(pensions for dependants of Prime Minister or Speaker).

8          

Section 184(5) of the Consumer Credit Act 1974 (c. 39) (associates).

9          

Section 1(5) of the Fatal Accidents Act 1976 (c. 30) (right of action for

wrongful act causing death: who are dependants).

10         

The definition of “relative” in section 31(1) of the Credit Unions Act 1979

20

(c. 34) (interpretation, etc.).

11         

Section 32(3) of the Estate Agents Act 1979 (c. 38) (“associate”: meaning of

relative).

12         

Section 13(1) of the Administration of Justice Act 1982 (c. 53) (deduction of

relationships).

25

13         

Section 12(5) of the Mental Health Act 1983 (c. 20) (general provisions as to

medical recommendations: persons who may not give recommendations).

14         

Section 25C(10) of that Act (supervision applications: meaning of “close

relative”).

15         

Section 5(3) of the Mobile Homes Act 1983 (c. 34) (interpretation: member of

30

another’s family).

16         

Section 153(4) of the Companies Act 1985 (c. 6) (transactions not prohibited

by section 151).

17         

Section 203(1) of that Act (notification of family and corporate interests:

person interested in shares).

35

18         

Section 327(2) of that Act (extension of section 323 to spouses and children).

19         

Section 328(8) of that Act (extension of section 324 to spouses and children).

20         

Section 346(2) of that Act (“connected persons”).

21         

Section 430E(8) of that Act (associates).

 

 

Civil Partnership Bill [HL]
Schedule 21 — References to stepchildren etc. in existing Acts

328

 

22         

Section 742A(6) of that Act (meaning of “offer to the public”).

23         

Section 74(4)(a) of the Bankruptcy (Scotland) Act 1985 (c. 66) (meaning of

“associate”).

24         

Section 113(2) of the Housing Act 1985 (c. 68) (members of a person’s

family).

5

25         

Section 186(2) of that Act (members of a person’s family).

26         

Section 105(2) of the Housing Associations Act 1985 (c. 69) (members of a

person’s family).

27         

Section 20(6) of the Airports Act 1986 (c. 31) (powers of investment and

disposal in relation to public airport companies).

10

28         

Section 435(8) of the Insolvency Act 1986 (c. 45) (meaning of “associate”).

29         

Section 70(2)(a) and (c), (3)(a) and (4) of the Building Societies Act 1986 (c. 53)

(interpretation).

30         

Section 83(2)(c) of the Housing (Scotland) Act 1987 (c. 26) (members of a

person’s family).

15

31         

Section 4(6) of the Landlord and Tenant Act 1987 (c. 31) (relevant disposals).

32         

Section 52(2)(a) of the Companies Act 1989 (c. 40) (meaning of “associate”).

33         

The definition of “relative” in section 105(1) of the Children Act 1989 (c. 41)

(interpretation).

34         

Paragraph 1(2) of Schedule 2 to the Broadcasting Act 1990 (c. 42) (restrictions

20

on the holding of licences).

35         

Section 11(1) of the Agricultural Holdings (Scotland) Act 1991 (c. 55)

(bequest of lease).

36         

Section 77(3)(c) of the Friendly Societies Act 1992 (c. 40) (information on

appointed actuary to be annexed to balance sheet).

25

37         

The definitions of “son” and “daughter” in section 119A(2) of that Act

(meaning of “associate”).

38         

Paragraph 2(1) of Schedule 5 to the Charities Act 1993 (c. 10) (meaning of

“connected person” for purposes of section 36(2)).

39         

Section 10(5) of the Leasehold Reform, Housing and Urban Development

30

Act 1993 (c. 28) (premises with a resident landlord: adult member of

another’s family).

40         

Section 61(2) of the Crofters (Scotland) Act 1993 (c. 44) (member of family).

41         

Section 2 of the Criminal Law (Consolidation) (Scotland) Act 1995 (c. 39)

(intercourse with stepchild).

35

42         

Section 161(1) of the Employment Rights Act 1996 (c. 18) (domestic

servants).

43         

The definition of “relative” in section 63(1) of the Family Law Act 1996 (c. 27)

(interpretation of Part 4 of the 1996 Act).

 

 

Civil Partnership Bill [HL]
Schedule 22 — References to stepchildren etc. in existing Northern Ireland legislation

329

 

44         

Section 62(2) of the Housing Act 1996 (c. 52) (members of a person’s family:

Part 1).

45         

Section 140(2) of that Act (members of a person’s family: Chapter 1).

46         

Section 143P(3) of that Act (members of a person’s family: Chapter 1A).

47         

The definition of “relative” in section 178(3) of that Act (meaning of

5

associated person).

48         

Section 422(4)(b) of the Financial Services and Markets Act 2000 (c. 8)

(controller).

49         

Paragraph 16(2) of Schedule 11 to that Act (offers of securities).

50         

Section 108(2)(c) of the Housing (Scotland) Act 2001 (asp 10) (meaning of

10

certain terms).

51         

Section 1(3) of the Mortgage Rights (Scotland) Act 2001 (asp 11) (application

to suspend enforcement of standard security).

52         

Paragraph 3(8) of Schedule 6 to the Commonhold and Leasehold Reform Act

2002 (c. 15) (premises excluded from right to manage).

15

53         

Section 127(6) of the Enterprise Act 2002 (c. 40) (associated persons).

Schedule 22

Section 248

 

References to stepchildren etc. in existing Northern Ireland legislation

1          

The definition of “member of the family” in section 101 of the Industrial and

Provident Societies Act (Northern Ireland) 1969 (c. 24 (N.I.)) (interpretation).

20

2          

Section 1(3)(f) of the Leasehold (Enlargement and Extension) Act (Northern

Ireland) 1971 (c. 7 (N.I.)) (persons to have rights to acquire a fee simple or to

obtain extension of a lease).

3          

Section 19(1)(a) of that Act (family of a person).

4          

Section 3(7) of the Pensions (Increase) Act (Northern Ireland) 1971 (c. 35

25

(N.I.)) (dependants).

5          

Article 6 of the Employers’ Liability (Defective Equipment and Compulsory

Insurance) (Northern Ireland) Order 1972 (S.I. 1972/963 (N.I. 6)) (employees

to be exempted).

6          

Article 2(2) of the Fatal Accidents (Northern Ireland) Order 1977 (S.I. 1977/

30

1251 (N.I. 18)) (dependants).

7          

Article 2(5) of the Housing (Northern Ireland) Order 1981 (S.I. 1981/156

(N.I. 3)) (interpretation).

8          

Article 24(3) of the Housing (Northern Ireland) Order 1983 (S.I. 1983/1118

(N.I. 15)) (interpretation).

35

9          

The definition of “member of the family” in Article 2(2) of the Credit Unions

(Northern Ireland) Order 1985 (S.I. 1985/1205 (N.I. 12)) (interpretation).

 

 

Civil Partnership Bill [HL]
Schedule 23 — Immigration control and formation of civil partnerships
Part 1 — Introduction

330

 

10         

Schedule 1 to the Mental Health (Northern Ireland) Order 1986 (S.I. 1986/

595 (N.I. 4)) (general provisions as to medical recommendations: persons

who may not give recommendations).

11         

Article 10A of the Companies (Northern Ireland) Order 1986 (S.I. 1986/1032

(N.I. 6)) (meaning of “offer to the public”).

5

12         

Article 211(1) of that Order (notification of family and corporate interests:

person interested in shares).

13         

Article 335(2) of that Order (extension of Article 331 to spouses and

children).

14         

Article 336(8) of that Order (extension of Article 332 to spouses and

10

children).

15         

Article 354(2) of that Order (“connected persons”).

16         

Article 423(8) of that Order (associates).

17         

Article 4(8) of the Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405

(N.I. 19)) (meaning of “associate”).

15

18         

Article 54(2)(a) of the Companies (Northern Ireland) Order 1990 (S.I. 1990/

593 (N.I. 5)) (meaning of “associate”).

19         

Article 2(4) of the Registered Homes (Northern Ireland) Order 1992

(S.I. 1992/3204 (N.I. 20)) (meaning of “relative”).

20         

The definition of “relative” in Article 2(2) of the Children (Northern Ireland)

20

Order 1995 (S.I. 1995/755 (N.I. 2)).

21         

Article 196(1) of the Employment Rights (Northern Ireland) Order 1996

(S.I. 1996/1919 (N.I. 16)) (domestic servants).

22         

The definition of “relative” in Article 2(2) of the Family Homes and Domestic

Violence (Northern Ireland) Order 1998 (S.I. 1998/1071 (N.I. 6))

25

(interpretation).

23         

Article 3(2) of the Housing (Northern Ireland) Order 2003 (S.I. 2003/412

(N.I. 2)) (members of a person’s family).

24         

The definition of “relative” in Article 2(2) of the Firearms (Northern Ireland)

Order 2004 (S.I. 2004/702 (N.I. 3)) (interpretation).

30

Schedule 23

Section 249

 

Immigration control and formation of civil partnerships

Part 1

Introduction

Application of Schedule

35

1     (1)  

This Schedule applies if—

(a)   

two people wish to register as civil partners of each other, and

 

 

Civil Partnership Bill [HL]
Schedule 23 — Immigration control and formation of civil partnerships
Part 2 — England and Wales

331

 

(b)   

one of them is subject to immigration control.

      (2)  

For the purposes of this Schedule a person is subject to immigration control

if—

(a)   

he is not an EEA national, and

(b)   

under the Immigration Act 1971 (c. 77) he requires leave to enter or

5

remain in the United Kingdom (whether or not leave has been

given).

      (3)  

“EEA national” means a national of a State which is a contracting party to the

Agreement on the European Economic Area signed at Oporto on 2nd May

1992 (as it has effect from time to time).

10

The qualifying condition

2     (1)  

For the purposes of this Schedule the qualifying condition, in relation to a

person subject to immigration control, is that the person—

(a)   

has an entry clearance granted expressly for the purpose of enabling

him to form a civil partnership in the United Kingdom,

15

(b)   

has the written permission of the Secretary of State to form a civil

partnership in the United Kingdom, or

(c)   

falls within a class specified for the purpose of this paragraph by

regulations made by the Secretary of State.

      (2)  

“Entry clearance” has the meaning given by section 33(1) of the Immigration

20

Act 1971 (c. 77).

      (3)  

Section 25 of the Asylum and Immigration (Treatment of Claimants, etc.) Act

2004 (c. 19) (regulations about applications for permission to marry) applies

in relation to the permission referred to in sub-paragraph (1)(b) as it applies

in relation to permission to marry under sections 19(3)(b), 21(3)(b) and

25

23(3)(b) of that Act.

Part 2

England and Wales

Application of this Part

3          

This Part of this Schedule applies if the civil partnership is to be formed in

30

England and Wales by signing a civil partnership schedule.

Procedure for giving notice of proposed civil partnership

4     (1)  

Each notice of proposed civil partnership under Chapter 1 of Part 2 of this

Act—

(a)   

must be given to a registration authority specified for the purposes

35

of this paragraph by regulations made by the Secretary of State, and

(b)   

must be delivered to the relevant individual in person by the two

proposed civil partners.

      (2)  

“The relevant individual” means such employee or officer or other person

provided by the specified registration authority as is determined in

40

accordance with regulations made by the Secretary of State for the purposes

of this sub-paragraph.

 

 

Civil Partnership Bill [HL]
Schedule 23 — Immigration control and formation of civil partnerships
Part 3 — Scotland

332

 

      (3)  

Regulations under sub-paragraph (2) may, in particular, describe a person

by reference to the location or office where he works.

      (4)  

Before making any regulations under this paragraph the Secretary of State

must consult the Registrar General.

Declaration

5

5          

The necessary declaration under section 8 must include a statement that the

person subject to immigration control fulfils the qualifying condition (and

the reason why).

Recording of notice

6     (1)  

The fact that a notice of proposed civil partnership has been given must not

10

be recorded in the register unless the registration authority is satisfied by the

production of specified evidence that the person fulfils the qualifying

condition.

      (2)  

“Specified evidence” means such evidence as may be specified in guidance

issued by the Registrar General.

15

Supplementary

7     (1)  

Part 2 of this Act has effect in any case where this Part of this Schedule

applies subject to any necessary modification.

      (2)  

In particular section 52 has effect as if the matters proof of which is not

necessary in support of the civil partnership included compliance with this

20

Part of this Schedule.

      (3)  

An expression used in this Part of this Schedule and in Chapter 1 of Part 2 of

this Act has the same meaning as in that Chapter.

Part 3

Scotland

25

Application of this Part

8          

This Part of this Schedule applies if the civil partnership is to be formed in

Scotland.

Procedure for giving notice of proposed civil partnership

9     (1)  

Notice under section 88

30

(a)   

may be submitted to the district registrar of a district specified for the

purposes of this paragraph by regulations made by the Secretary of

State, and

(b)   

may not be submitted to the district registrar of any other

registration district.

35

      (2)  

Before making any regulations under this paragraph the Secretary of State

must consult the Registrar General.

 

 

Civil Partnership Bill [HL]
Schedule 23 — Immigration control and formation of civil partnerships
Part 4 — Northern Ireland

333

 

Pre-condition for making entry in civil partnership notice book etc.

10    (1)  

Where the district registrar to whom notice is submitted by virtue of

paragraph 9(1) is the district registrar for the proposed place of registration,

he shall neither—

(a)   

make an entry under section 89, nor

5

(b)   

complete a civil partnership schedule under section 94,

           

in respect of the proposed civil partnership unless satisfied, by the provision

of specified evidence, that the intended civil partner subject to immigration

control fulfils the qualifying condition.

      (2)  

Where the district registrar to whom notice is so submitted (here the

10

“notified registrar”) is not the district registrar for the proposed place of

registration (here the “second registrar”)—

(a)   

the notified registrar shall, if satisfied as is mentioned in sub-

paragraph (1), send the notices and any fee, certificate or declaration

which accompanied them, to the second registrar, and

15

(b)   

the second registrar shall be treated as having received the notices

from the intended partners on the dates on which the notified

registrar received them.

      (3)  

“Specified evidence” means such evidence as may be specified in guidance

issued by the Secretary of State after consultation with the Registrar General.

20

Supplementary

11    (1)  

Part 3 of this Act has effect in any case where this Part of this Schedule

applies subject to any necessary modification.

      (2)  

An expression used in this Part of this Schedule and in Part 3 of this Act has

the same meaning as in that Part.

25

Part 4

Northern Ireland

Application of this Part

12         

This Part of this Schedule applies if the civil partnership is to be formed in

Northern Ireland.

30

Procedure for giving civil partnership notices

13    (1)  

The civil partnership notices must be given—

(a)   

only to a prescribed registrar, and

(b)   

in prescribed cases by both parties together in person at a prescribed

register office.

35

      (2)  

Before making any regulations under this paragraph the Secretary of State

must consult the Registrar General.

Accompanying statement as to the qualifying condition

14         

A civil partnership notice given by a person subject to immigration control

must be accompanied by a statement that the person fulfils the qualifying

40

condition (and the reason why).

 

 

 
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