|
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|
| |
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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 |
| |
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 |
| |
| |
12 | Section 13(1) of the Administration of Justice Act 1982 (c. 53) (deduction of |
| |
| 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 |
| |
| |
15 | Section 5(3) of the Mobile Homes Act 1983 (c. 34) (interpretation: member of |
| 30 |
| |
16 | Section 153(4) of the Companies Act 1985 (c. 6) (transactions not prohibited |
| |
| |
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). |
| |
|
| |
|
| |
|
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 |
| |
| |
24 | Section 113(2) of the Housing Act 1985 (c. 68) (members of a person’s |
| |
| 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 |
| |
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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) |
| |
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30 | Section 83(2)(c) of the Housing (Scotland) Act 1987 (c. 26) (members of a |
| |
| 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) |
| |
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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) |
| |
| |
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 |
| |
| |
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 |
| |
| |
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). |
| |
|
| |
|
| |
|
44 | Section 62(2) of the Housing Act 1996 (c. 52) (members of a person’s family: |
| |
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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 |
| |
48 | Section 422(4)(b) of the Financial Services and Markets Act 2000 (c. 8) |
| |
| |
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 |
| |
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). |
| |
| |
| |
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 |
| |
5 | Article 6 of the Employers’ Liability (Defective Equipment and Compulsory |
| |
Insurance) (Northern Ireland) Order 1972 (S.I. 1972/963 (N.I. 6)) (employees |
| |
| |
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). |
| |
|
| |
|
| |
|
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 |
| |
| |
14 | Article 336(8) of that Order (extension of Article 332 to spouses and |
| 10 |
| |
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 |
| |
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 |
| |
| |
Immigration control and formation of civil partnerships |
| |
| |
| |
| 35 |
1 (1) | This Schedule applies if— |
| |
(a) | two people wish to register as civil partners of each other, and |
| |
|
| |
|
| |
|
(b) | one of them is subject to immigration control. |
| |
(2) | For the purposes of this Schedule a person is subject to immigration control |
| |
| |
(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 |
| |
| |
(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 |
| |
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 |
| |
(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 |
| |
| |
| |
| |
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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
|
| |
|
| |
|
(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. |
| |
| 5 |
5 | The necessary declaration under section 8 must include a statement that the |
| |
person subject to immigration control fulfils the qualifying condition (and |
| |
| |
| |
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 |
| |
| |
(2) | “Specified evidence” means such evidence as may be specified in guidance |
| |
issued by the Registrar General. |
| 15 |
| |
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 |
| |
(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. |
| |
| |
| 25 |
| |
8 | This Part of this Schedule applies if the civil partnership is to be formed in |
| |
| |
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 |
| |
| |
(b) | may not be submitted to the district registrar of any other |
| |
| 35 |
(2) | Before making any regulations under this paragraph the Secretary of State |
| |
must consult the Registrar General. |
| |
|
| |
|
| |
|
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, |
| |
| |
(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 |
| |
| |
(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 |
| |
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 |
| |
| |
| |
12 | This Part of this Schedule applies if the civil partnership is to be formed in |
| |
| 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 |
| |
| 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). |
| |
|
| |
|