|
| |
|
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— |
| |
| |
| 5 |
| |
Prohibited degrees: kindred |
| |
1 (1) | The list referred to in section 1(1) is— |
| |
|
(2) | In the list “sibling” means a brother, sister, half-brother or half- |
| 20 |
| |
| |
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 | | | | | | Former civil partner of grandparent |
| | | | Former civil partner of parent |
| | | | Former spouse of grandparent |
| | |
|
|
| |
|
| |
|
| | | | | Grandchild of former civil partner |
| | | | Grandchild of former spouse |
| | |
|
|
| |
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 civil partner |
| | | | | | | | 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 |
| |
| |
|
| |
|
| |
|
Maintenance Orders Act 1958 (c. 39) |
| |
22 (1) | Amend section 4 (variation of orders registered in magistrates’ courts) as |
| |
| |
(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 |
| |
| |
(a) | the receipt of the nominee shall be a valid discharge to the |
| |
| 25 |
(b) | the society shall be under no liability to any other person |
| |
| |
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”. |
| |
| |
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”. |
| |
|
| |
|
| |
|
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 |
| |
Domestic and Appellate Proceedings (Restriction of Publicity) Act 1968 (c. 63) |
| |
29 (1) | Amend section 2 (restriction of publicity for certain matrimonial etc. |
| |
| |
(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 |
| |
| 20 |
(b) | in the heading, after “spouse” insert “or civil partner”. |
| |
| |
31 | In Schedule 2 (grant, renewal, cancellation and transfer of licences), in |
| |
paragraph 35A(8)(a) for “wife or husband” substitute “spouse or civil |
| |
| 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 |
| |
|
| |
|
| |
|
| |
“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 |
| |
| |
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 |
| |
“(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 |
| |
| |
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. |
| |
|
| |
|
| |
|
(2) | In subsection (1)(a) and (b) after “remarriage of” insert “, or formation of a |
| |
| |
| |
(a) | after “remarriage of” insert “, or formation of a civil partnership by,”, |
| |
| 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 |
| |
| 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 |
| |
| |
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 |
| |
(a) | in paragraph (a), after “remarriage of”, insert “, or formation of a civil |
| |
| |
(b) | in paragraph (b), after “remarriage” insert “or formation of the civil |
| |
| 20 |
| |
(a) | in paragraph (a), after “remarriage of” insert “, or formation of a civil |
| |
| |
(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 |
| |
| |
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 |
| |
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,”. |
| |
|
| |
|
| |
|
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, |
| |
| |
| |
(ii) | the individual’s husband or wife or civil partner, or |
| |
(c) | the husband or wife or civil partner of a relative of— |
| 15 |
| |
(ii) | the individual’s husband or wife or civil partner.” |
| |
(3) | In subsection (2), after “husband or wife” insert “or civil partner”. |
| |
| |
(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 |
| |
| |
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 |
|
| |
|