Civil Partnership Bill [HL]

House of Commons

Session 2002 - 03
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Civil Partnership Bill [HL]

Civil Partnership Bill [HL]
Schedule 26 — Amendment of certain enactments relating to the armed forces
362

Parliamentary and other Pensions Act 1972 (c. 48)
3
In section 27 (pensions for dependants of Prime Minister or Speaker), in
subsection (2)(a)(i), for “widow or widower” substitute “widow, widower or
surviving civil partner”.
Theatres Trust Act 1976 (c. 27)
5
4
In section 3 (employment of staff), in subsection (d)(iii) (power to secure
pensions and gratuities payable to or in respect of officers and servants), for
“widow,” substitute “surviving spouse, surviving civil partner,”.
Schedule 26
Section 257

Amendment of certain enactments relating to the armed forces
10
Greenwich Hospital Act 1865 (c. 89)
1
In section 5 (power to appoint pensions to officers, etc.), after “widows”
insert “or surviving civil partners”.
Navy and Marines (Property of Deceased) Act 1865 (c. 111)
2
In section 4 (disposal of residue belonging to deceased person in civil service
15
of navy), after “widow” insert “or surviving civil partner”.
Pensions Commutation Act 1871 (c. 36)
3     (1)
In section 4 (power to Treasury to commute pensions), in subsection (2) —
(a)
after “marries” insert “or forms a civil partnership”, and
(b)
after “widow” insert “or surviving civil partner”.
20
      (2)
In section 4(3), for “wife” substitute “wife, civil partner”.
Greenwich Hospital Act 1883 (c. 32)
4
In section 2 (power to grant pensions, allowances, and gratuities), in
subsection (1), after “widows” insert “or surviving civil partners”.
Pensions and Yeomanry Pay Act 1884 (c. 55)
25
5
In section 4 (distribution of money not exceeding £5,000 without requiring
probate), after “widower” insert “surviving civil partner”.
Regimental Debts Act 1893 (c. 5)
6
In section 10 (application of residue undisposed of), in subsection (2), for
“widows” substitute “widows, surviving civil partners”.
30
7
In section 24 (application of Act to cases of insanity), in paragraph (a), for
“wife or husband” substitute “wife, husband or civil partner”.

Civil Partnership Bill [HL]
Schedule 26 — Amendment of certain enactments relating to the armed forces
363

Naval Medical Compassionate Fund Act 1915 (c. 28)
8
In section 1 (power by Order in Council to regulate fund), in subsection
(1)(f), for “widows, widowers” substitute “widows, widowers, surviving
civil partners”.
Naval and Military War Pensions, &c., (Administrative Expenses) Act 1917 (c. 14)
5
9     (1)
In section 5 (alteration of purposes for which voluntary funds may be
applied in certain cases)—
(a)
after “wives,” (in each place) insert “civil partners,”, and
(b)
after “widows,” (in each place) insert “surviving civil partners,”.
      (2)
In section 6 (power of Secretary of State to accept and administer gifts for
10
assisting disabled officers and men), after “widows,” insert “surviving civil
partners,”.
War Pensions (Administrative Provisions) Act 1919 (c. 53)
10
In section 8 (appeals to Pensions Appeal Tribunals), in subsection (1), for
“the motherless child or” substitute “surviving civil partner or the orphan,”.
15
War Pensions Act 1920 (c. 23)
11
In section 7 (restoration of forfeited pensions), in subsection (2), after “wife,”
insert “civil partner,”.
12
In section 8 (statutory right of widow or dependant to a pension), for
“widow” substitute “widow, surviving civil partner”.
20
Admiralty Pensions Act 1921 (c. 39)
13
In section 2 (restoration of forfeited pension), in subsection (2), after “wife,”
insert “civil partner,”.
Greenwich Hospital Act 1942 (c. 35)
14    (1)
In section 1 (extension of powers to grant pensions to persons employed for
25
the purposes of Greenwich Hospital), in subsection (1)(a) and (b) for
“widows” substitute “widows, surviving civil partners”.
      (2)
In section 1(2), for “spouses” substitute “spouses, civil partners”.
Pensions Appeal Tribunals Act 1943 (c. 39)
15
In section 1 (appeals against rejection of war pension claims made in respect
30
of members of the naval, military or air forces), in subsection (4)(ii) —
(a)
after “widower,” insert “surviving civil partner,”,
(b)
for “husband” substitute “husband, civil partner”,
(c)
after “marriage” insert “or civil partnership”, and
(d)
after “place” insert “or been formed”.
35
Greenwich Hospital Act 1947 (10 & 11 Geo. 6 c. 5)
16
In section 2 (extension of power to grant pensions, etc.), in subsection (1),
after “widows” insert “and surviving civil partners”.

Civil Partnership Bill [HL]
Schedule 26 — Amendment of certain enactments relating to the armed forces
364

Polish Resettlement Act 1947 (c. 19)
17
In section 1 (power to apply Royal Warrant as to pensions etc. to certain
Polish forces), in subsection (1), after “widows,” insert “surviving civil
partners,”.
18
In section 2 (allowances from the Assistance Board), in subsection (2)(c)—
5
(a)
for “of men” substitute “or civil partners of persons”,
(b)
for “woman” substitute “person”,
(c)
for “of a man” substitute “or civil partner of a person”, and
(d)
for “re-married” substitute “subsequently married or formed a civil
partnership”.
10
Naval Forces (Enforcement of Maintenance Liabilities) Act 1947 (c. 24)
19    (1)
Amend section 1 (deduction from pay in respect of liabilities for
maintenance, etc.) as follows.
      (2)
In subsection (1), in paragraphs (a), (aa) and (b) after “wife” insert “or civil
partner”.
15
      (3)
In subsection (2A), after paragraph (a) insert—
“(aa)
if, in proceedings in connection with the dissolution or
annulment of a civil partnership, an order has been made for
the payment of any periodical or other sum in respect of the
maintenance of the person who, if the civil partnership had
20
subsisted, would have been the civil partner of any such
person as is mentioned in subsection (1) above, references in
this section to that person’s civil partner include references to
the person in whose favour the order was made; and”.
Royal Patriotic Fund Corporation Act 1950 (c. 10)
25
20
In section 1 (extension of objects of soldiers’ effects fund), in subsection (1)—
(a)
for “widows or children” substitute “widows, surviving civil
partners or children”, and
(b)
after “widows,” insert “surviving civil partners,”.
Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (c. 65)
30
21
In section 23(1) (interpretation of Part 2)—
(a)
in paragraph (a) of the definition of “dependant”, for “wife”
substitute “spouse or civil partner”, and
(b)
in the definition of “statutory tenancy”, for “widow” substitute
“surviving spouse or surviving civil partner”.
35
22
In paragraph (a) of section 25(6) (meaning of “dependant”), for “wife”
substitute “spouse or civil partner”.
23
In section 27(5) (interpretation of section), for “wife” (in each place)
substitute “spouse or civil partner”.
24
In section 38(5) (interpretation of section), for “wife” (in each place)
40
substitute “spouse or civil partner”.
25    (1)
Amend section 46 (general provisions as to payments to make up civil
remuneration) as follows.

Civil Partnership Bill [HL]
Schedule 26 — Amendment of certain enactments relating to the armed forces
365

      (2)
In subsection (2), for “wife” substitute “spouse or civil partner”.
      (3)
In subsection (3)—
(a)
the words from “a widow entitled to a widow’s pension” to the end
of paragraph (iv) become paragraph (a) of the subsection (so that
paragraphs (i) to (iv) become sub-paragraphs of that paragraph (a)),
5
(b)
in that paragraph (a), for “widow entitled to a widow’s pension”
substitute “surviving spouse entitled to a surviving spouse’s
pension”,
(c)
in sub-paragraph (iv) of that paragraph (a), at the end insert “or”, and
(d)
before “there may” insert the following paragraph—
10
“(b)
a surviving civil partner entitled to a surviving civil
partner’s pension by virtue of any of those
provisions,”.
26
In section 52(2)(a) (“service pay” includes marriage etc. allowances), after
“marriage,” insert “civil partnership,”.
15
27    (1)
Amend Schedule 3 (financial provisions consequential on treating a person
dying on service as alive and the converse) as follows.
      (2)
In paragraph 1(3), for “widow” substitute “surviving spouse, surviving civil
partner”.
      (3)
In paragraph 2(4), for “wife” (in each place) substitute “spouse, civil
20
partner”.
Army Act 1955 (3 & 4 Eliz. 2 c. 18)
28    (1)
Section 150 (enforcement of maintenance and affiliation orders by deduction
from pay) is amended as follows.
      (2)
In subsection (1)(a) and (aa), after “wife” insert “or civil partner”.
25
      (3)
In subsection (5), after “marriage had subsisted;” insert—

“ references to a civil partner include, in relation to an order made in
proceedings in connection with the dissolution or annulment of a
civil partnership, references to a person who would have been the
civil partner of the defendant if the civil partnership had
30
subsisted.”
29
In section 151 (deductions from pay for maintenance of wife or child), in
subsection (1)—
(a)
after “wife” (in the first place) insert “or civil partner”, and
(b)
for “wife” (in the second place) substitute “wife, civil partner”.
35
Air Force Act 1955 (3 & 4 Eliz. 2 c. 19)
30    (1)
Section 150 (enforcement of maintenance and affiliation orders by deduction
from pay) is amended as follows.
      (2)
In subsection (1)(a) and (aa), after “wife” insert “or civil partner”.
      (3)
In subsection (5), after “marriage had subsisted;” insert—
40

“ references to a civil partner include, in relation to an order made in
proceedings in connection with the dissolution or annulment of a
civil partnership, references to a person who would have been the

Civil Partnership Bill [HL]
Schedule 27 — Minor and consequential amendments: general
366

civil partner of the defendant if the civil partnership had
subsisted.”
31
In section 151 (deductions from pay for maintenance of wife or child), in
subsection (1)—
(a)
after “wife” (in the first place) insert “or civil partner”, and
5
(b)
for “wife” (in the second place) substitute “wife, civil partner”.
Naval Discipline Act 1957 (c. 53)
32    (1)
Section 101 (service of proceedings for maintenance etc.) is amended as
follows.
      (2)
In subsection (5)(a) and (b), after “wife” insert “or civil partner”.
10
      (3)
In subsection (5A), after paragraph (a) insert—
“(aa)
references to the civil partner of a person include, in relation
to an order made in proceedings in connection with the
dissolution or annulment of a civil partnership, references to
a person who would have been his civil partner if the civil
15
partnership had subsisted; and”.
Courts-Martial (Appeals) Act 1968 (c. 20)
33
In section 48A (appeals on behalf of deceased persons), in subsection (3)(a),
for “widow or widower” substitute “widow, widower or surviving civil
partner”.
20
Schedule 27
Section 261(1)

Minor and consequential amendments: general
Explosive Substances Act 1883 (c. 3)
1
In section 6 (inquiry by Attorney-General, and apprehension of absconding
witnesses), in subsection (2), for “husband or wife” (in both places)
25
substitute “spouse or civil partner”.
Partnership Act 1890 (c. 39)
2
In section 2 (rules for determining existence of partnership), in rule (3)(c),
after “widow” insert “, widower, surviving civil partner”.
Law of Distress Amendment Act 1908 (c. 53)
30
3
In section 4(1) (exclusion of certain goods), after “husband or wife”, insert
“or civil partner”.
Census Act 1920 (c. 41)
4
In the Schedule (matters in respect of which particulars may be required), in
paragraph 5 after “as to marriage” insert “or civil partnership”.
35

Civil Partnership Bill [HL]
Schedule 27 — Minor and consequential amendments: general
367

Trustee Act 1925 (c. 19)
5     (1)
Amend section 31(2)(i) (trust on reaching 18 or marrying under that age of
accumulations during infancy) as follows.
      (2)
In sub-paragraph (a)—
(a)
after “marries under that age” insert “ or forms a civil partnership
5
under that age”, and
(b)
for “or until his marriage” substitute “, or until his marriage or his
formation of a civil partnership,”.
      (3)
In sub-paragraph (b), after “marriage” insert “, or formation of a civil
partnership,”.
10
      (4)
In the words after that sub-paragraph, after “marriage” insert “or formation
of a civil partnership”.
6
In section 33(1)(ii)(a) and (b) (trust to maintain principal beneficiary and his
spouse and issue on failure of protective trust under paragraph (i)), for “wife
or husband” substitute “spouse or civil partner”.
15
Law of Property Act 1925 (c. 20)
7
In section 205(1)(xxi) (which defines “valuable consideration” as including
marriage), after “includes marriage” insert “, and formation of a civil
partnership,”.
Judicial Proceedings (Regulation of Reports) Act 1926 (c. 61)
20
8     (1)
Amend section 1 (restriction on publication of reports of judicial
proceedings) as follows.
      (2)
In subsection (1)(b), for “or for restitution of conjugal rights” substitute “or
for the dissolution or annulment of a civil partnership or for the separation
of civil partners”.
25
      (3)
Omit subsection (5).
Population (Statistics) Act 1938 (c. 12)
9
In the Schedule (particulars which may be required), in paragraph 2—
(a)
in paragraph (a), for “or divorced;” substitute “, divorced, a civil
partner or former civil partner, and, if a former civil partner, whether
30
the civil partnership ended on death or dissolution;”, and
(b)
in paragraph (b), after “surviving spouse” insert “or civil partner”.
Landlord and Tenant (Requisitioned Land) Act 1942 (c. 13)
10
In section 13(1) (definition of “member of the family”), after “the wife or
husband of the tenant,” insert “the civil partner of the tenant,”.
35
Limitation (Enemies and War Prisoners) Act 1945 (c. 16)
11
In section 2 (interpretation), in the definition of “statute of limitation”, after
the entry relating to the Matrimonial Causes Act 1973 insert—

“section 51(2) of the Civil Partnership Act 2004,”.

Civil Partnership Bill [HL]
Schedule 27 — Minor and consequential amendments: general
368

Statistics of Trade Act 1947 (c. 39)
12
In section 10 (information from persons entering or leaving the United
Kingdom by air), in subsection (1), after “marriage” insert “or civil
partnership”.
Marriage Act 1949 (c. 76)
5
13    (1)
Amend section 1 (marriages within prohibited degrees) as follows.
      (2)
In subsection (1), for the words from “between a man” to “the said Part I,”
substitute “between a person and any person mentioned in the list in Part 1
of Schedule 1”.
      (3)
In subsection (2), for the words from “between a man” to “the said Part II,”
10
substitute “between a person and any person mentioned in the list in Part 2
of Schedule 1”.
      (4)
In subsection (4), for the words from “between a man” to “the said Part III”
substitute “between a person and any person mentioned in the list in Part 3
of Schedule 1”.
15
      (5)
In subsection (5) for paragraphs (a) to (d) substitute—
“(a)
in the case of a marriage between a person and the parent of
a former spouse of that person, after the death of both the
former spouse and the former spouse’s other parent;
(b)
in the case of a marriage between a person and the parent of
20
a former civil partner of that person, after the death of both
the former civil partner and the former civil partner’s other
parent;
(c)
in the case of a marriage between a person and the former
spouse of a child of that person, after the death of both the
25
child and the child’s other parent;
(d)
in the case of a marriage between a person and the former
civil partner of a child of that person, after the death of both
the child and the child’s other parent.”
      (6)
Omit subsections (6) to (8).
30
14
In section 27 (notice of marriage), in subsection (3), for “the name and
surname, marital status, occupation, place of residence and nationality of
each of the persons to be married” substitute “the name and surname,
occupation, place of residence and nationality of each of the persons to be
married, whether either of them has previously been married or formed a
35
civil partnership and, if so, how the marriage or civil partnership ended”.
15
In section 28A (power to require evidence), for subsection (3) substitute—
“(3)
“Specified evidence”, in relation to a person, means such evidence as
may be specified in guidance issued by the Registrar General—
(a)
of the person’s name and surname,
40
(b)
of the person’s age,
(c)
as to whether the person has previously been married or
formed a civil partnership and, if so, as to the ending of the
marriage or civil partnership, and
(d)
of the person’s nationality.”
45