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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-

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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

 

 

 
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