|
| |
|
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,”, |
| |
| |
(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 |
| |
(a) | in paragraph (a), after “remarriage of” insert “, or formation of a civil |
| |
| |
(b) | in paragraph (b), after “that remarriage” insert “or the formation of |
| |
| 20 |
| |
(a) | in paragraph (a), after “remarriage of” insert “, or formation of a civil |
| |
| |
(b) | in the words following paragraph (b)— |
| |
(i) | after “the remarriage” insert “or the formation of that civil |
| 25 |
| |
(ii) | after “had remarried” insert “or formed a civil partnership”. |
| |
(4) | In the heading to section 35, after “remarriage” insert “or formation of civil |
| |
| |
Interpretation Act 1978 (c. 30) |
| 30 |
59 | At the appropriate place in Schedule 1 (words and expressions defined) |
| |
| |
| ““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 |
|
| |
|
| |
|
(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”, |
| |
| 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”. |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
|
| |
|
| |
|
Supreme Court Act 1981 (c. 54) |
| |
68 | In section 18(1) (restrictions on appeals to Court of Appeal), before |
| |
| |
“(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 |
| |
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 |
| |
| 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 |
| |
| |
(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 |
| |
| |
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 |
| |
| |
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 |
|
| |
|
| |
|
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 |
| |
| |
“(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 |
| |
| |
(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 |
| |
| |
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 |
| |
| |
(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 |
| |
| |
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 |
| |
| |
(4) | In rule 39(3)(b), for “husband, wife,” substitute “spouse, civil partner,”. |
| |
|
| |
|
| |
|
(5) | In rule 44(2)(b), for “wives or husbands” substitute “spouses or civil |
| |
| |
Mental Health Act 1983 (c. 20) |
| |
| |
(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 |
| |
| |
| 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 |
| |
| |
(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 |
| |
| 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— |
| |
|
| |
|
| |
|
(a) | designate any county court as a civil partnership proceedings |
| |
| |
(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 |
| |
| |
(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— |
| |
| |
(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 |
| |
| 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 |
| |
| 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— |
| |
|
| |
|
| |
|
(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 |
| |
| 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 |
| |
| |
(3) | Nothing in this section shall affect the jurisdiction of a magistrates’ |
| |
court under paragraphs 69 to 71 of Schedule 5 to the Civil |
| |
| 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 |
| |
| |
“(3) | Proceedings transferred under this section shall be transferred to |
| 30 |
such county court as the High Court directs, subject to subsections |
| |
| |
(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 |
|
| |
|