Civil Partnership Bill [HL]

House of Commons

Session 2002 - 03
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Other Bills before Parliament

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