Civil Partnership Bill [HL]

House of Commons

Session 2002 - 03
Internet Publications
Other Bills before Parliament

Civil Partnership Bill [HL]

Civil Partnership Bill [HL]
Schedule 27 — Minor and consequential amendments: general
369

16
In section 78(1) (interpretation), in the definition of “child”, after ““child””
insert “, except where used to express a relationship,”.
17
For Schedule 1 (kindred and affinity) substitute—
“Schedule 1
Kindred and affinity
5
Part 1
Prohibited degrees: kindred
1     (1)
The list referred to in section 1(1) is—

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-
20
sister.
Part 2
Degrees of affinity referred to in section 1(2) and (3)
2
The list referred to in section 1(2) is as follows—

Child of former civil partner

25

Child of former spouse

Former civil partner of grandparent

Former civil partner of parent

Former spouse of grandparent

Civil Partnership Bill [HL]
Schedule 27 — Minor and consequential amendments: general
370

Former spouse of parent

Grandchild of former civil partner

Grandchild of former spouse

Part 3
Degrees of affinity referred to in section 1(4) and (5)
5
3
The list referred to in section 1(4) is as follows—

Parent of former spouse

Parent of former civil partner

Former spouse of child

Former civil partner of child.”

10
Maintenance Orders Act 1950 (c. 37)
18    (1)
Amend section 16 (application of Part 2) as follows.
      (2)
After subsection (2)(a)(viii) insert—
“(ix)
Part 1, 8 or 9 of Schedule 5 to the Civil Partnership Act
2004, Schedule 6 to that Act or paragraph 5 or 9 of
15
Schedule 7 to that Act;”.
      (3)
After subsection (2)(b)(ix) insert—
“(x)
an order made on an application under Schedule 11 to
the Civil Partnership Act 2004;”.
      (4)
After subsection (2)(c)(ix) insert—
20
“(x)
Part 1, 7 or 8 of Schedule 15 to the Civil Partnership
Act 2004, Schedule 16 to that Act or paragraph 5 or 9
of Schedule 17 to that Act;”.
Births and Deaths Registration Act 1953 (c. 20)
19
In section 41 (interpretation), in the definition of “relative”, after “by
25
marriage” insert “or civil partnership”.
Pharmacy Act 1954 (c. 61)
20
In section 17(c) (benevolent fund: distressed relatives eligible for relief), for
“widows,” substitute “surviving spouses, surviving civil partners,”.
Registration of Births, Deaths and Marriages (Special Provisions) Act 1957 (c. 58)
30
21
In section 1 (records of deaths, births and marriages among armed forces
and service civilians and their families overseas), in subsection (1), for “and
marriages solemnised,” substitute “marriages solemnised and civil
partnerships formed,”.

Civil Partnership Bill [HL]
Schedule 27 — Minor and consequential amendments: general
371

Maintenance Orders Act 1958 (c. 39)
22    (1)
Amend section 4 (variation of orders registered in magistrates’ courts) as
follows.
      (2)
In each of subsections (5A) and (5B) (application of section 60(4) to (11) of the
Magistrates’ Courts Act 1980), for “and section 15(2) of the Children Act
5
1989” substitute “, section 15(2) of the Children Act 1989 and paragraph 42
of Schedule 6 to the Civil Partnership Act 2004”.
      (3)
In subsection (6B) (no application may be made for variation under the Act
of certain registered orders), after “1984” insert “or under Schedule 7 to the
Civil Partnership Act 2004”.
10
Offices, Shops and Railway Premises Act 1963 (c. 41)
23
In section 2 (exception for premises in which only employer’s relatives or
outworkers work), in subsection (1), after “wife” insert “, civil partner”.
Industrial and Provident Societies Act 1965 (c. 12)
24    (1)
Amend section 23 (nomination to property in society) as follows.
15
      (2)
In subsection (2), for “husband, wife,” substitute “spouse, civil partner,”.
      (3)
After subsection (6) insert—
“(7)
The formation of a civil partnership by a member of a society revokes
any nomination made by him before the formation of the civil
partnership; but if any property of that member has been transferred
20
by an officer of the society in pursuance of the nomination in
ignorance of a civil partnership formed by the nominator after the
date of the nomination—
(a)
the receipt of the nominee shall be a valid discharge to the
society, and
25
(b)
the society shall be under no liability to any other person
claiming the property.”
25
In section 25 (provision for intestacy), in subsection (2), after “widower”
insert “, surviving civil partner”.
Criminal Appeal Act 1968 (c. 19)
30
26
In section 44A (appeals in cases of death), in subsection (3)(a), after
“widower” insert “or surviving civil partner”.
Theft Act 1968 (c. 60)
27    (1)
Amend section 30 (husband and wife) as follows.
      (2)
In subsections (4) and (5), after “wife or husband” in each place except
35
paragraph (a)(ii) to the proviso to subsection (4) insert “or civil partner”.
      (3)
At the end of paragraph (a)(ii) to the proviso insert “or
(iii)
an order (wherever made) is in force providing for the
separation of that person and his or her civil partner.”,

and omit “or” at the end of paragraph (a)(i) to the proviso.
40
      (4)
For the heading to section 30 substitute “Spouses and civil partners”.

Civil Partnership Bill [HL]
Schedule 27 — Minor and consequential amendments: general
372

28
In section 31 (effect on civil proceedings and rights), in subsection (1)—
(a)
for “wife or husband” substitute “spouse or civil partner”, and
(b)
for “married after the making of the statement or admission) against
the wife or husband” substitute “married or became civil partners
after the making of the statement or admission) against the spouse or
5
civil partner”.
Domestic and Appellate Proceedings (Restriction of Publicity) Act 1968 (c. 63)
29    (1)
Amend section 2 (restriction of publicity for certain matrimonial etc.
proceedings) as follows.
      (2)
In subsection (1), after paragraph (d) insert—
10
“(da)
proceedings under Part 9 of Schedule 5 to the Civil
Partnership Act 2004 (provision corresponding to the
provision referred to in paragraph (c) above);
(db)
proceedings under section 58 of the 2004 Act (declarations as
to subsistence etc. of civil partnership);”.
15
      (3)
In subsection (3), after “(1)(d)” insert “ or (db)”.
Civil Evidence Act 1968 (c. 64)
30
In section 14 (privilege against incrimination of self or spouse)—
(a)
in subsection (1)(b), for “husband or wife” substitute “spouse or civil
partner”, and
20
(b)
in the heading, after “spouse” insert “or civil partner”.
Gaming Act 1968 (c. 65)
31
In Schedule 2 (grant, renewal, cancellation and transfer of licences), in
paragraph 35A(8)(a) for “wife or husband” substitute “spouse or civil
partner”.
25
Medicines Act 1968 (c. 67)
32
In section 114 (supplementary provisions as to rights of entry and related
rights), in subsection (4), for “married) the husband or wife” substitute
“married or a civil partner) the spouse or civil partner”.
Employers’ Liability (Compulsory Insurance) Act 1969 (c. 57)
30
33
In section 2(2)(a) (persons whom employer is not required to insure) after
“husband, wife,” insert “civil partner,”.
Administration of Justice Act 1970 (c. 31)
34
In Schedule 8 (meaning of “maintenance order” in Part 2 of the Act and in
the Maintenance Orders Act 1958), after paragraph 14 insert—
35
“15.
An order for periodical or other payments made under Schedule
5, 6 or 7 to the Civil Partnership Act 2004.”
Attachment of Earnings Act 1971 (c. 32)
35
In Schedule 1 (maintenance orders to which the 1971 Act applies), after

Civil Partnership Bill [HL]
Schedule 27 — Minor and consequential amendments: general
373

paragraph 14 insert—
“15
An order made under Schedule 5 to the Civil Partnership Act 2004
(financial relief in the High Court or a county court etc.), for
periodical or other payments.
16
An order made under Schedule 6 to the 2004 Act (financial relief
5
in magistrates’ courts etc.), for maintenance or other payments to
or in respect of a civil partner or child.”
Criminal Damage Act 1971 (c. 48)
36
In section 9 (evidence in connection with offences under the 1971 Act)—
(a)
for “wife or husband” substitute “spouse or civil partner”, and
10
(b)
for “married after the making of the statement or admission) against
the wife or husband” substitute “married or became civil partners
after the making of the statement or admission) against the spouse or
civil partner”.
Immigration Act 1971 (c. 77)
15
37
In section 5(4) (members of another’s family for purposes of deportation)—
(a)
in paragraph (a), after “his wife” insert “or civil partner,” and
(b)
in paragraph (b), after “her husband” insert “or civil partner,”.
Local Government Act 1972 (c. 70)
38
In section 95 (pecuniary interests for purposes of section 94), after subsection
20
(3) insert—
“(4)
In the case of civil partners living together the interest of one civil
partner, shall, if known to the other, be deemed for the purpose of
section 94 above to be also an interest of the other.”
39
In section 96 (general notices and recording of disclosures for purposes of
25
section 94), in subsection (1), after “spouse” (in each place) insert “or civil
partner”.
Matrimonial Causes Act 1973 (c. 18)
40
In section 11 (grounds on which marriage is void), at the end of paragraph
(b) insert “or a civil partner”.
30
41    (1)
Amend section 14 (marriages governed by foreign law or celebrated abroad
under English law) as follows.
      (2)
In subsection (1), at the beginning insert “Subject to subsection (3)”.
      (3)
After subsection (2) insert—
“(3)
No marriage is to be treated as valid by virtue of subsection (1) if, at
35
the time when it purports to have been celebrated, either party was
already a civil partner.”
42
In section 24A (orders for sale of property), in subsection (5), after “re-
marriage of” insert “, or formation of a civil partnership by,”.
43    (1)
Amend section 28 (duration of continuing financial provision orders in
40
favour of party to marriage, and effect of remarriage) as follows.

Civil Partnership Bill [HL]
Schedule 27 — Minor and consequential amendments: general
374

      (2)
In subsection (1)(a) and (b) after “remarriage of” insert “, or formation of a
civil partnership by,”.
      (3)
In subsection (2)—
(a)
after “remarriage of” insert “, or formation of a civil partnership by,”,
and
5
(b)
after “the remarriage” insert “or formation of the civil partnership”.
      (4)
In subsection (3), after “remarries whether at any time before or after the
commencement of this Act”, insert “or forms a civil partnership”.
      (5)
In the heading to section 28, after “remarriage” insert “or formation of civil
partnership”.
10
44
In section 35 (alteration of agreements by court during lives of parties), in
subsection (4)(a) and (b), after “remarriage of” insert “, or formation of a civil
partnership by,”.
45    (1)
Amend section 38 (orders for repayment in certain cases of sums paid after
cessation of order by reason of remarriage) as follows.
15
      (2)
In subsection (1)—
(a)
in paragraph (a), after “remarriage of”, insert “, or formation of a civil
partnership by,”, and
(b)
in paragraph (b), after “remarriage” insert “or formation of the civil
partnership”.
20
      (3)
In subsection (6)—
(a)
in paragraph (a), after “remarriage of” insert “, or formation of a civil
partnership by,” and
(b)
in the words following paragraph (b), after “had remarried” insert
“or formed a civil partnership”.
25
      (4)
In the heading to section 38, after “remarriage” insert “or formation of civil
partnership”.
46
In section 52 (interpretation), after subsection (3), insert —
“(3A)
References in this Act to the formation of a civil partnership by a
person include references to a civil partnership which is by law void
30
or voidable.”
Fair Trading Act 1973 (c. 41)
47
In section 30 (offences in connection with exercise of powers under section
29), in subsection (6) for “married) the husband or wife” substitute “married
or a civil partner) the spouse or civil partner”.
35
Slaughterhouses Act 1974 (c. 3)
48
In section 10 (temporary continuance of licence on death), for “his personal
representative, or of his widow or any other member of his family, until the
expiration of two months from his death,” substitute “the deceased’s
personal representative, or widow or widower or surviving civil partner or
40
any other member of the deceased’s family, until the end of two months
from the deceased’s death,”.

Civil Partnership Bill [HL]
Schedule 27 — Minor and consequential amendments: general
375

Health and Safety at Work etc. Act 1974 (c. 37)
49
In section 20 (powers of inspectors), in subsection (7), for “husband or wife”
substitute “spouse or civil partner”.
Consumer Credit Act 1974 (c. 39)
50
In section 165 (obstruction of authorised officers), in subsection (3), for
5
“married) the husband or wife” substitute “married or a civil partner) the
spouse or civil partner”.
51    (1)
Amend section 184 (associates) as follows.
      (2)
For subsection (1) substitute—
“(1)
A person is an associate of an individual if that person is—
10
(a)
the individual’s husband or wife or civil partner,
(b)
a relative of—
(i)
the individual, or
(ii)
the individual’s husband or wife or civil partner, or
(c)
the husband or wife or civil partner of a relative of—
15
(i)
the individual, or
(ii)
the individual’s husband or wife or civil partner.”
      (3)
In subsection (2), after “husband or wife” insert “or civil partner”.
      (4)
In subsection (5)—
(a)
omit the word “and” immediately before “references”,
20
(b)
for “or wife;” substitute “or wife, and references to a civil partner
include a former civil partner;”, and
(c)
for “had been a child born to him in wedlock” substitute “were the
legitimate child of the relationship in question”.
Friendly Societies Act 1974 (c. 46)
25
52    (1)
Amend section 66 (power of member to nominate person to receive sums
payable on his death) as follows.
      (2)
In subsection (5)(a), for “husband, wife,” substitute “spouse, civil partner,”.
      (3)
After subsection (7) insert—
“(7A)
The formation of a civil partnership by a member of the society or
30
branch revokes any nomination previously made by that member
under this section.”
Rehabilitation of Offenders Act 1974 (c. 53)
53
In section 7 (limitations on rehabilitation under the 1974 Act, etc.), in
subsection (2)(c), after “the marriage of any minor,” insert “or the formation
35
of a civil partnership by any minor,”.
Sex Discrimination Act 1975 (c. 65)
54
In section 82(5) (general interpretation: meaning of “near relative”)
(a)
after “wife or husband” (in both places) insert “or civil partner”, and
(b)
for “by affinity)” substitute “by marriage or civil partnership)”.
40