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Civil Partnership Bill [HL]


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

376

 

Race Relations Act 1976 (c. 74)

55         

In section 78(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)”.

Criminal Law Act 1977 (c. 45)

5

56         

In section 2 (exemptions from liability for conspiracy), in subsection (2)(a),

after “spouse” insert “or civil partner”.

Domestic Proceedings and Magistrates’ Courts Act 1978 (c. 22)

57         

In section 4 (duration of orders for financial provision for a party to a

marriage), in subsection (2)—

10

(a)   

after “remarriage of” insert “, or formation of a civil partnership by,”,

and

(b)   

after “the remarriage” insert “or formation of the civil partnership”.

58    (1)  

Amend section 35 (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 “that remarriage” insert “or the formation of

that civil partnership”.

20

      (3)  

In subsection (7)—

(a)   

in paragraph (a), after “remarriage of” insert “, or formation of a civil

partnership by,”, and

(b)   

in the words following paragraph (b)—

(i)   

after “the remarriage” insert “or the formation of that civil

25

partnership”, and

(ii)   

after “had remarried” insert “or formed a civil partnership”.

      (4)  

In the heading to section 35, after “remarriage” insert “or formation of civil

partnership”.

Interpretation Act 1978 (c. 30)

30

59         

At the appropriate place in Schedule 1 (words and expressions defined)

insert—

           

““Civil partnership” means a civil partnership which exists under or by

virtue of the Civil Partnership Act 2004 (and any reference to a

civil partner is to be read accordingly).”

35

Protection of Children Act 1978 (c. 37)

60         

In section 1A (marriage and other relationships), in subsections (1)(a) and

(2)(a) after “were married” insert “or civil partners of each other”.

Credit Unions Act 1979 (c. 34)

61    (1)  

Amend section 31(1) (interpretation) as follows.

40

 

 

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

377

 

      (2)  

After the definition of “charitable” insert—

   

““civil partner” includes former civil partner;”.

      (3)  

In the definition of “relative”—

(a)   

in paragraphs (a), (b) and (c), after “spouse” insert “or civil partner”,

and

5

(b)   

in the words following paragraph (c), for “a child born in wedlock”

substitute “the legitimate child of the relationship in question”.

Estate Agents Act 1979 (c. 38)

62         

In section 27 (obstruction and personation of authorised officers), in

subsection (4), for “husband or wife” substitute “spouse or civil partner”.

10

63    (1)  

Amend section 32 (associates) as follows.

      (2)  

In subsection (2), after “spouse” insert “or civil partner”.

      (3)  

In subsection (3)—

(a)   

omit the word “and” immediately before “references”,

(b)   

for “reputed spouse;” substitute “reputed spouse, and references to a

15

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”.

Magistrates’ Courts Act 1980 (c. 43)

64         

In section 59 (orders for periodical payments: means of payment), in

20

subsection (7)(b), after “Domestic Proceedings and Magistrates’ Courts Act

1978” insert “or Schedule 6 to the Civil Partnership Act 2004”.

65    (1)  

Amend section 65 (meaning of family proceedings) as follows.

      (2)  

After subsection (1)(c) insert—

“(ca)   

Schedule 2 to the Civil Partnership Act 2004;”.

25

      (3)  

After subsection (1)(ee) insert—

“(ef)   

paragraphs 69 to 72 of Schedule 5 to the Civil Partnership Act

2004;”.

      (4)  

After subsection (1)(j) insert—

“(ja)   

Schedule 6 to the Civil Partnership Act 2004;”.

30

Disused Burial Grounds (Amendment) Act 1981 (c. 18)

66         

In section 9 (interpretation), in the definition of “relative”, for “husband or

wife” substitute “spouse or civil partner”.

Forgery and Counterfeiting Act 1981 (c. 45)

67         

In section 5 (offences relating to money orders, share certificates, passports,

35

etc.), in subsection (5)(l)—

(a)   

after “adoptions, marriages” insert “, civil partnerships”, and

(b)   

for “register marriages” substitute “issue certified copies relating to

such entries”.

 

 

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

378

 

Supreme Court Act 1981 (c. 54)

68         

In section 18(1) (restrictions on appeals to Court of Appeal), before

paragraph (g) insert—

“(fa)   

from a dissolution order, nullity order or presumption of

death order under Chapter 2 of Part 2 of the Civil Partnership

5

Act 2004 that has been made final, by a party who, having

had time and opportunity to appeal from the conditional

order on which that final order was founded, has not

appealed from the conditional order;”.

69    (1)  

Amend section 72 (withdrawal of privilege against incrimination of self or

10

spouse in certain proceedings) as follows.

      (2)  

In subsection (1), after “spouse” insert “or civil partner”.

      (3)  

In subsection (3), for “married after the making of the statement or

admission) against the spouse” substitute “married or became civil partners

after the making of the statement or admission) against the spouse or civil

15

partner”.

70         

In paragraph 3 of Schedule 1 (business assigned to Family Division of High

Court), after sub-paragraph (h) insert—

“(i)   

all civil partnership causes and matters (whether at first

instance or on appeal);

20

(j)   

applications for consent to the formation of a civil

partnership by a minor or for a declaration under

paragraph 7 of Schedule 1 to the Civil Partnership Act

2004;

(k)    

applications under section 58 of that Act (declarations

25

relating to civil partnerships).”

British Nationality Act 1981 (c. 61)

71         

In section 3(6)(a) (registration as British citizen of minor whose parents’

marriage has terminated etc.), after “marriage” insert “or civil partnership”.

72         

In section 6(2) (naturalisation of person married to British citizen), after “is

30

married to a British citizen” insert “or is the civil partner of a British citizen”.

73         

In section 10(2)(b) (registration as British citizen after pre-1983 renunciation

of citizenship), after “has been married to” insert “, or has been the civil

partner of,”.

74         

In section 12(5) (renunciation: persons who have married deemed of full

35

age), after “has been married” insert “, or has formed a civil partnership,”.

75         

In section 17(6)(a) (registration as British overseas territories citizen of minor

whose parents’ marriage has terminated etc.), after “marriage” insert “or

civil partnership”.

76         

In section 18(2) (naturalisation of person married to a British overseas

40

territories citizen), after “is married to such a citizen” insert “or is the civil

partner of such a citizen”.

77         

In section 22(2)(b) (naturalisation as British overseas territories citizen after

pre-1983 renunciation of citizenship), after “has been married to” insert “, or

has been the civil partner of,”.

45

 

 

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

379

 

78    (1)  

Amend paragraphs 4(d) and 8(d) of Schedule 1 (requirements for

naturalisation under sections 6(2) and 18(2)) as follows.

      (2)  

In the paragraph (f) set out in each of those provisions, after “to whom the

applicant is married” insert “, or of whom the applicant is the civil partner,”.

Forfeiture Act 1982 (c. 34)

5

79         

In section 3 (application for financial provision not affected by forfeiture

rule), in subsection (2), for paragraph (b) and the word “and” immediately

preceding it substitute—

“(b)   

sections 31(6) and 36(1) of the Matrimonial Causes Act 1973

(variation by court in England and Wales of periodical

10

payments orders and maintenance agreements in respect of

marriages);

(c)   

paragraphs 60(2) and 73(2) of Schedule 5 to the Civil

Partnership Act 2004 (variation by court in England and

Wales of periodical payments orders and maintenance

15

agreements in respect of civil partnerships); and

(d)   

section 13(4) of the Family Law (Scotland) Act 1985 (variation

etc. of periodical allowances in respect of marriages and civil

partnerships).”

Representation of the People Act 1983 (c. 2)

20

80    (1)  

Amend section 14 (service qualification) as follows.

      (2)  

In subsection (1)(d), for “wife or husband” substitute “spouse or civil

partner”.

      (3)  

For subsection (1)(e) substitute—

“(e)   

is the spouse or civil partner of a person mentioned in

25

paragraph (b) or paragraph (c) above and is residing outside

the United Kingdom to be with his or her spouse or civil

partner,”.

81         

In section 16 (contents of service declaration), for “wife or husband”

substitute “spouse or civil partner”.

30

82         

In section 59 (supplemental provisions as to members of forces and service

voters), in subsection (3)(b), for “by him and any wife of his or, as the case

may be, by her and any husband of hers,” substitute “by that person and any

spouse or civil partner of that person”.

83         

In section 61 (other voting offences), in subsection (4), for “husband, wife,”

35

substitute “spouse, civil partner,”.

84         

In section 141 (duty to answer relevant questions), in subsections (1)(a)(i)

and (2)(a), for “husband or wife,” substitute “spouse or civil partner,”.

85    (1)  

Amend Schedule 1 (parliamentary elections rules) as follows.

      (2)  

In rule 11(4), for “wife or husband” substitute “spouse or civil partner”.

40

      (3)  

In rule 35(2), for “husband (wife),” (in both places) substitute “spouse, civil

partner,”.

      (4)  

In rule 39(3)(b), for “husband, wife,” substitute “spouse, civil partner,”.

 

 

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

380

 

      (5)  

In rule 44(2)(b), for “wives or husbands” substitute “spouses or civil

partners”.

Mental Health Act 1983 (c. 20)

86         

In—

(a)   

section 12 (general provisions as to medical recommendations), in

5

subsection (5), in the words following paragraph (e), and

(b)   

section 25C (supervision applications: supplementary), in subsection

(10),

           

after “husband, wife” insert “, civil partner”.

Mobile Homes Act 1983 (c. 34)

10

87         

In section 3(3) (succession to agreements to which Act applies), for “or

widower” (in each place) substitute “, widower or surviving civil partner”.

88         

In section 5(3) (meaning of “member of another’s family”)—

(a)   

after “spouse,” insert “civil partner,”

(b)   

in paragraph (a), after “marriage” insert “or civil partnership”, and

15

(c)   

in the words after paragraph (b), after “as husband and wife” insert

“or as if they were civil partners”.

Dentists Act 1984 (c. 24)

89         

In section 41(4) (family or representatives may carry on deceased dentist’s

business for three years), for “his widow” (in each place) substitute “his

20

surviving spouse or his surviving civil partner”.

Matrimonial and Family Proceedings Act 1984 (c. 42)

90    (1)  

Amend section 12 (applications for financial relief after overseas divorce

etc.) as follows.

      (2)  

In subsection (2) (no application may be made after remarriage), for

25

“remarries” substitute “forms a subsequent marriage or civil partnership,”.

      (3)  

For subsection (3) substitute—

“(3)   

The reference in subsection (2) above to the forming of a subsequent

marriage or civil partnership includes a reference to the forming of a

marriage or civil partnership which is by law void or voidable.”

30

91         

In section 32 (meaning of “family business” etc.), after the definition of

“family proceedings” insert—

           

““civil partnership cause” means an action for the dissolution or

annulment of a civil partnership or for the legal separation of civil

partners;”.

35

92         

After section 36 insert—

“Jurisdiction of county courts in civil partnership causes and matters

36A     

Jurisdiction of county courts in civil partnership causes

(1)   

The Lord Chancellor may by order—

 

 

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

381

 

(a)   

designate any county court as a civil partnership proceedings

county court, and

(b)   

designate, as a court of trial, any county court designated as

a civil partnership proceedings county court.

(2)   

In this Part of this Act “civil partnership proceedings county court”

5

means a county court designated under subsection (1)(a) above.

(3)   

A civil partnership proceedings county court shall have jurisdiction

to hear and determine any civil partnership cause, subject to

subsection (4) below.

(4)   

A civil partnership proceedings county court shall have jurisdiction

10

to try a civil partnership cause only if it is designated under

subsection (1)(b) above as a court of trial.

(5)   

The jurisdiction conferred by this section on a civil partnership

proceedings county court shall be exercisable throughout England

and Wales, but rules of court may provide for a civil partnership

15

cause pending in one such court to be heard and determined—

(a)   

partly in that court and partly in another such court, or

(b)   

in another such court.

(6)   

Every civil partnership cause shall be commenced in a civil

partnership proceedings county court.

20

(7)   

Every civil partnership cause shall be heard and determined in a civil

partnership proceedings county court unless, or except to the extent,

it is transferred to the High Court under—

(a)   

section 39 below, or

(b)   

section 41 of the County Court Act 1984 (transfer to High

25

Court by order of High Court).

(8)   

The Lord Chancellor may by order designate a civil partnership

proceedings county court as a court for the exercise of jurisdiction in

civil partnership matters under Schedule 7 to the Civil Partnership

Act 2004.

30

(9)   

The power to make an order under subsection (1) or (8) above shall

be exercisable by statutory instrument.

36B     

Jurisdiction of civil partnership proceedings county courts as respects

financial relief and protection of children

(1)   

Subject to subsection (2) below, a civil partnership proceedings

35

county court shall have the following jurisdiction—

(a)   

a jurisdiction to exercise any power exercisable under—

(i)   

section 63 of the Civil Partnership Act

2004 (restrictions on making of orders affecting

children), or

40

(ii)   

Schedule 5 to that Act (financial relief in the courts),

other than Part 12 (arrears and repayments) and

paragraph 73 (alteration of maintenance agreements

by court after death of one party),

   

in connection with any application or order pending in, or

45

made by, a civil partnership proceedings county court;

(b)   

a jurisdiction to exercise any power exercisable under—

 

 

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

382

 

(i)   

Part 9 of that Schedule (failure to maintain: financial

provision (and interim orders)), or

(ii)   

paragraphs 69 to 71 of that Schedule (alteration of

maintenance agreements by court during lives of

parties);

5

(c)   

if designated under section 36A(8) above, jurisdiction to

exercise any power under Schedule 7 to that Act.

(2)   

Any proceedings for the exercise of a power which a civil

partnership proceedings county court has jurisdiction to exercise by

virtue of subsection (1) above shall be commenced in such civil

10

partnership proceedings county court as may be prescribed by rules

of court.

(3)   

Nothing in this section shall affect the jurisdiction of a magistrates’

court under paragraphs 69 to 71 of Schedule 5 to the Civil

Partnership Act 2004.

15

36C     

Consideration of agreements or arrangements

Where rules of court make provision for the purposes of section 43 of

the Civil Partnership Act 2004 with respect to any power exercisable

by the court on an application made under that section before an

application is made for a dissolution or separation order, the rules

20

shall confer jurisdiction to exercise the power on civil partnership

proceedings county courts.

36D     

Assignment of circuit judges to civil partnership proceedings

The jurisdiction conferred by the preceding provisions of this Part of

this Act on civil partnership proceedings county courts, so far as it

25

exercisable by judges of such courts, shall be exercised by such

Circuit judges as the Lord Chancellor may direct.”

93         

For section 38(3) (transfer of family proceedings from High Court to county

court) substitute—

“(3)   

Proceedings transferred under this section shall be transferred to

30

such county court as the High Court directs, subject to subsections

(3A) and (3B) below.

(3A)   

Where a matrimonial cause or matter within the jurisdiction of a

divorce county court only is transferred under this section, it shall be

transferred to such divorce county court as the High Court directs.

35

(3B)   

Where a civil partnership cause or matter within the jurisdiction of a

civil partnership proceedings county court only is transferred under

this section, it shall be transferred to such civil partnership

proceedings county court as the High Court directs.”

94         

In section 39(2) (family proceedings transferable to the High Court), for “or

40

divorce county court” (in each place) substitute “, divorce county court or

civil partnership proceedings county court”.

95         

In section 40(4)(b) (enforcement in High Court of orders of divorce county

court), after “a divorce county court” insert “or a civil partnership

proceedings county court”.

45

 

 

 
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