|
| |
|
96 (1) | Amend section 42 (county court proceedings in principal registry of Family |
| |
| |
| |
(a) | after “Sections 33 to 35” insert “and 36A to 36C”, |
| |
(b) | after “section 34(2)” insert “or 36B(2)”, and |
| 5 |
(c) | after “divorce county court” insert “or civil partnership proceedings |
| |
| |
(3) | After that subsection insert— |
| |
“(1A) | Subsection (2) below applies to— |
| |
(a) | the jurisdiction in matrimonial causes or matters conferred |
| 10 |
by sections 33, 34 and 35 above on divorce county courts, and |
| |
(b) | the jurisdiction in civil partnership causes or matters |
| |
conferred by sections 36A, 36B and 36C above on civil |
| |
partnership proceedings county courts.” |
| |
(4) | In subsection (2), for the words from the beginning to “on divorce county |
| 15 |
courts” substitute “A jurisdiction to which this subsection applies”. |
| |
(5) | For the words in subsection (2) after paragraph (b) substitute the following |
| |
| |
“(2A) | Rules of court may make provision— |
| |
(a) | for treating, for any purposes specified in the rules, |
| 20 |
matrimonial causes and matters pending in the registry with |
| |
respect to which the jurisdiction mentioned in subsection |
| |
(1A)(a) above is exercisable as pending in a divorce county |
| |
| |
(b) | for treating, for any purposes specified in the rules, civil |
| 25 |
partnership causes and matters pending in the registry with |
| |
respect to which the jurisdiction mentioned in subsection |
| |
(1A)(b) above is exercisable as pending in a civil partnership |
| |
proceedings county court, and |
| |
(c) | for the application of section 74(3) of the Solicitors Act 1974 |
| 30 |
(costs) with respect to proceedings treated as mentioned in |
| |
paragraph (a) or (b) above.” |
| |
(6) | In subsection (3), for “subsection (2)” substitute “subsection (2A)”. |
| |
(7) | After subsection (3) insert— |
| |
“(3A) | Where, by virtue of rules under subsection (2A) above, a civil |
| 35 |
partnership cause or matter is pending in the registry as in a civil |
| |
partnership proceedings county court, any ancillary or related |
| |
proceedings which could be taken in a civil partnership proceedings |
| |
county court and which are not of a description excluded by the rules |
| |
from the operation of this subsection may be taken and dealt with in |
| 40 |
the registry as in a civil partnership proceedings county court.” |
| |
(8) | After subsection (4) insert— |
| |
“(4ZA) | The principal registry shall be treated as a civil partnership |
| |
proceedings county court— |
| |
(a) | for the purposes of any provision to be made by rules of court |
| 45 |
under section 36A(5) above; |
| |
|
| |
|
| |
|
(b) | for the purpose of any provision to be made under section |
| |
36B(2) above prescribing the county court in which any |
| |
proceedings are to be commenced; and |
| |
(c) | for the purpose of any transfer of family proceedings under |
| |
section 38 or 39 above between the High Court and a civil |
| 5 |
partnership proceedings county court.” |
| |
(9) | In subsection (4A), after “in any matrimonial cause or matter” insert “, or in |
| |
any civil partnership cause or matter,”. |
| |
(10) | In subsection (5), for paragraphs (a) and (b) substitute— |
| |
“(a) | as regards service of process— |
| 10 |
(i) | as if proceedings commenced in the principal registry |
| |
in a matrimonial cause or matter had been |
| |
commenced in a divorce county court, and |
| |
(ii) | as if proceedings commenced in that registry in a civil |
| |
partnership cause or matter had been commenced in |
| 15 |
a civil partnership proceedings county court; and |
| |
(b) | as regards enforcement of orders— |
| |
(i) | as if orders made in that registry in the exercise of the |
| |
family jurisdiction conferred by sections 33, 34 and 35 |
| |
above on divorce county courts were orders made by |
| 20 |
| |
(ii) | as if orders made in that registry in the exercise of the |
| |
family jurisdiction conferred by sections 36A, 36B and |
| |
36C above on civil partnership proceedings county |
| |
courts were orders made by such a court.” |
| 25 |
(11) | After that subsection insert— |
| |
“(5A) | For the purposes of subsection (3A) above, proceedings— |
| |
(a) | are “ancillary” to a civil partnership cause if they are |
| |
connected with the cause, and |
| |
(b) | are “related” to a civil partnership cause if they are for |
| 30 |
protecting or otherwise relate to any rights, or the exercise of |
| |
| |
(i) | the civil partners as civil partners, or |
| |
(ii) | any children of the family.” |
| |
Police and Criminal Evidence Act 1984 (c. 60) |
| 35 |
97 (1) | Amend section 80 (compellability of accused’s spouse) as follows. |
| |
(2) | In subsections (2), (2A) and (3), for “wife or husband” (in each place) |
| |
substitute “spouse or civil partner”. |
| |
(3) | After subsection (5) insert— |
| |
“(5A) | In any proceedings a person who has been but is no longer the civil |
| 40 |
partner of the accused shall be compellable to give evidence as if that |
| |
person and the accused had never been civil partners.” |
| |
(4) | In the heading to section 80, after “accused’s spouse” insert “or civil |
| |
| |
98 | In section 80A (rule where accused’s spouse not compellable)— |
| 45 |
(a) | for “wife or husband” substitute “spouse or civil partner”, and |
| |
|
| |
|
| |
|
(b) | in the heading, after “spouse” insert “or civil partner”. |
| |
Companies Act 1985 (c. 6) |
| |
99 | In section 203 (notification of family and corporate interests), in subsection |
| |
(1), after “spouse” insert “or civil partner”. |
| |
100 (1) | Amend section 327 (extension of section 323 to spouses and children) as |
| 5 |
| |
| |
(a) | in paragraph (a), after “wife or husband” insert “or civil partner”, |
| |
| |
(b) | in the words following paragraph (b), after “as the case may be,” |
| 10 |
insert “civil partner or”. |
| |
(3) | In the heading to section 327, after “spouses” insert “, civil partners”. |
| |
101 (1) | Amend section 328 (extension of section 324 to spouses and children) as |
| |
| |
(2) | In subsections (1)(a) and (2)(a), after “wife or husband” insert “or civil |
| 15 |
| |
| |
(a) | in paragraph (a), after “spouse” insert “or civil partner”, and |
| |
(b) | in paragraph (b), after “spouse” insert “or civil partner” and after |
| |
“wife, husband,” insert “civil partner,”. |
| 20 |
(4) | In the heading to section 328, after “spouses” insert “, civil partners”. |
| |
102 | In section 346 (connected persons) in subsection (2)— |
| |
(a) | in paragraph (a), after “spouse,” insert “civil partner,”, |
| |
(b) | in paragraph (c) after “spouse” (in both places) insert “or civil |
| |
| 25 |
103 | In section 430E (associates), in subsection (8) after “spouse” insert “or civil |
| |
| |
104 (1) | Amend section 742A (meaning of “offer to the public”) as follows. |
| |
(2) | In subsection (3)(a)(iii), after “widower” insert “or surviving civil partner”. |
| |
(3) | In subsection (6)(a), after “spouse” insert “or civil partner”. |
| 30 |
105 | In Schedule 7 (matters to be dealt with in directors’ report), in paragraph |
| |
2B(3), after “spouse” insert “or civil partner”. |
| |
Enduring Powers of Attorney Act 1985 (c. 29) |
| |
106 | In section 3 (scope of authority etc. of attorney under enduring power), in |
| |
subsection (5)(a), for “or marriage” substitute “, marriage or the formation of |
| 35 |
| |
107 | In Schedule 1 (notification prior to registration of instrument creating power |
| |
of attorney), in paragraph 2(1)— |
| |
(a) | in paragraph (a), after “wife” insert “or civil partner”, and |
| |
(b) | in paragraph (e), after “widower” insert “or surviving civil partner”. |
| 40 |
|
| |
|
| |
|
108 | Paragraphs 106 and 107 apply in relation to the exercise of powers under |
| |
enduring powers of attorney created before the passing of this Act as well as |
| |
in relation to those created on or after its passing. |
| |
Food and Environment Protection Act 1985 (c. 48) |
| |
109 | In Schedule 2 (officers and their powers), in paragraph 2A(4), after “spouse” |
| 5 |
insert “or civil partner”. |
| |
Child Abduction and Custody Act 1985 (c. 60) |
| |
110 | In section 24A (power to order disclosure of child’s whereabouts), in |
| |
subsection (2), after “spouse” insert “or civil partner”. |
| |
Airports Act 1986 (c. 31) |
| 10 |
111 | In section 20 (powers of investment and disposal in relation to public airport |
| |
companies), in subsection (6)(b), after “widowers” insert “, civil partners, |
| |
surviving civil partners”. |
| |
Insolvency Act 1986 (c. 45) |
| |
112 | In section 215 (proceedings under sections 213, 214), in subsection (3)(b), |
| 15 |
after “marriage” insert “or the formation of a civil partnership”. |
| |
113 | In section 283A (bankrupt’s home ceasing to form part of estate), in |
| |
| |
(a) | in paragraph (b), after “spouse” insert “or civil partner”, and |
| |
(b) | in paragraph (c), after “spouse” insert “or former civil partner”. |
| 20 |
114 | In section 313 (charge on bankrupt’s home), in subsection (1), after “former |
| |
spouse” insert “or by his civil partner or former civil partner”. |
| |
115 | In section 313A (low value home: application for sale, possession or charge), |
| |
| |
(a) | in paragraph (a)(ii), after “spouse” insert “or civil partner”, and |
| 25 |
(b) | in paragraph (a)(iii), after “spouse” insert “or former civil partner”. |
| |
116 | In section 329 (debts to spouse), in subsection (1), after “spouse” (in each |
| |
place) insert “or civil partner”. |
| |
117 | In section 332 (saving for bankrupt’s home), in subsection (1), after “former |
| |
spouse” insert “or by his civil partner or former civil partner”. |
| 30 |
118 | In section 335A (rights under trusts of land), in subsection (2)(b)— |
| |
(a) | for “bankrupt’s spouse or former spouse” substitute “bankrupt’s |
| |
spouse or civil partner or former spouse or former civil partner”, and |
| |
(b) | in sub-paragraphs (i) and (ii), for “spouse or former spouse” |
| |
substitute “spouse, civil partner, former spouse or former civil |
| 35 |
| |
119 | In section 339 (transactions at an undervalue), in subsection (3)(b), after |
| |
“marriage” insert “or the formation of a civil partnership”. |
| |
120 | In section 366 (inquiry into bankrupt’s dealings and property), in subsection |
| |
(1)(a), after “former spouse” insert “or civil partner or former civil partner”. |
| 40 |
|
| |
|
| |
|
121 | In section 423 (transactions defrauding creditors), in subsection (1)(b), after |
| |
“marriage” insert “or the formation of a civil partnership”. |
| |
122 (1) | Amend section 435 (meaning of “associate”) as follows. |
| |
(2) | For subsection (2) substitute— |
| |
“(2) | A person is an associate of an individual if that person is— |
| 5 |
(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— |
| 10 |
| |
(ii) | the individual’s husband or wife or civil partner.” |
| |
(3) | In subsection (3), after “husband or wife” insert “or civil partner”. |
| |
(4) | In subsection (8), at the end insert “and references to a civil partner include |
| |
| 15 |
Building Societies Act 1986 (c. 53) |
| |
123 | In section 70 (interpretation), in— |
| |
(a) | subsection (2)(a) and (c), and |
| |
| |
| after “spouse” (in each place) insert “or civil partner”. |
| 20 |
Family Law Act 1986 (c. 55) |
| |
124 | In section 33 (power to order disclosure of child's whereabouts), in |
| |
subsection (2), after “spouse” insert “or civil partner”. |
| |
125 | In section 50 (non-recognition of divorce or annulment in another |
| |
jurisdiction no bar to remarriage), for the words from “re-marrying” to the |
| 25 |
end substitute “forming a subsequent marriage or civil partnership in that |
| |
part of the United Kingdom or cause the subsequent marriage or civil |
| |
partnership of either party (wherever it takes place) to be treated as invalid |
| |
| |
Consumer Protection Act 1987 (c. 43) |
| 30 |
126 | In section 47 (savings for certain privileges), in subsection (2), after “spouse” |
| |
insert “or civil partner”. |
| |
Criminal Justice Act 1988 (c. 33) |
| |
127 | In section 160A (marriage and other relationships), in subsections (1)(a) and |
| |
(2)(a), after “were married” insert “or civil partners of each other”. |
| 35 |
Companies Act 1989 (c. 40) |
| |
128 | In section 52 (meaning of “associate”), in subsection (2)(a) after “spouse” |
| |
insert “or civil partner”. |
| |
|
| |
|
| |
|
Children Act 1989 (c. 41) |
| |
129 (1) | Amend section 8 (residence, contact and other orders with respect to |
| |
| |
(2) | After subsection (4)(b) insert— |
| |
“(ba) | Schedule 5 to the Civil Partnership Act 2004;”. |
| 5 |
(3) | After subsection (4)(e) insert— |
| |
“(ea) | Schedule 6 to the Civil Partnership Act 2004;”. |
| |
130 | In section 48 (powers to assist in discovery of children who may be in need |
| |
of emergency protection), in subsection (2), after “spouse” insert “or civil |
| |
| 10 |
131 | In section 50 (recovery of abducted children etc.), in subsection (11), after |
| |
“spouse” insert “or civil partner”. |
| |
132 | In section 98 (self-incrimination), in subsections (1) and (2), after “spouse” |
| |
insert “or civil partner”. |
| |
Local Government and Housing Act 1989 (c. 42) |
| 15 |
133 | In section 19 (members’ interests) in subsection (7), after “spouse” insert “or |
| |
| |
134 | In section 69 (companies subject to local authority influence), in subsection |
| |
(6)(c), after “spouse” insert “or civil partner”. |
| |
Opticians Act 1989 (c. 44) |
| 20 |
135 | In section 29(1) (family or representatives may use deceased optician’s title |
| |
for three years), in paragraphs (b) and (d), for “his widow” substitute “his |
| |
surviving spouse or his surviving civil partner”. |
| |
Food Safety Act 1990 (c. 16) |
| |
136 | In section 43 (continuance of registration or licence on death) in subsection |
| 25 |
(2), for the words from “the deceased’s personal representative” to “his |
| |
death” substitute “the deceased’s personal representative, or widow or |
| |
widower or surviving civil partner or any other member of the deceased’s |
| |
family, until the end of— |
| |
(a) | the period of three months beginning with the deceased’s |
| 30 |
| |
Courts and Legal Services Act 1990 (c. 41) |
| |
137 | In section 10 (family proceedings in magistrates’ courts and related matters), |
| |
in subsection (1), after “Domestic Proceedings and Magistrates’ Courts Act |
| |
1978” insert “or Schedule 6 to the Civil Partnership Act 2004”. |
| 35 |
138 | In section 58A (conditional fee agreements: supplementary), omit “and” at |
| |
the end of subsection (2)(f) and insert— |
| |
“(fa) | Chapter 2 of Part 2 of the Civil Partnership Act 2004 |
| |
(proceedings for dissolution etc. of civil partnership); |
| |
(fb) | Schedule 5 to the 2004 Act (financial relief in the High Court |
| 40 |
| |
|
| |
|
| |
|
(fc) | Schedule 6 to the 2004 Act (financial relief in magistrates’ |
| |
| |
(fd) | Schedule 7 to the 2004 Act (financial relief in England and |
| |
Wales after overseas dissolution etc. of a civil partnership); |
| |
| 5 |
Broadcasting Act 1990 (c. 42) |
| |
139 | In paragraph 1(2) of Part 1 of Schedule 2 (restrictions on the holding of |
| |
| |
(a) | in paragraphs (a) and (d), after “husband or wife” (in each place) |
| |
insert “or civil partner”, and |
| 10 |
(b) | at the end insert “and references to a civil partner shall include a |
| |
| |
Local Government Finance Act 1992 (c. 14) |
| |
140 (1) | In section 9(1)(a) (joint and several liability for council tax of married couple |
| |
resident in same dwelling), after “is married to” insert “, or is the civil |
| 15 |
| |
(2) | After section 9(3) insert— |
| |
“(4) | For the purposes of this section two persons are civil partners of each |
| |
other if they are of the same sex and either— |
| |
(a) | they are civil partners of each other; or |
| 20 |
(b) | they are not civil partners of each other but are living together |
| |
as if they were civil partners.” |
| |
(3) | In section 18(1)(b) (power to make regulations to deal with death of a person |
| |
liable for council tax as a spouse under section 9), after “spouse” insert “or |
| |
| 25 |
Friendly Societies Act 1992 (c. 40) |
| |
141 | In section 77 (information on appointed actuary to be annexed to balance |
| |
sheet), in subsection (3)(a), after “spouse” insert “or civil partner”. |
| |
142 | In section 119A (meaning of “associate”), in subsection (1)(a), after “wife or |
| |
husband” insert “or civil partner”. |
| 30 |
143 | In Schedule 2 (the activities of a friendly society), in Head A, in class II— |
| |
(a) | in the second column (description), after “Marriage” insert “, civil |
| |
| |
(b) | in the third column (nature of business), after “sum on marriage” |
| |
insert “or on the formation of a civil partnership”. |
| 35 |
Trade Union and Labour Relations Act 1992 (c. 52) |
| |
144 | In section 23 (restriction on enforcement of awards against certain property), |
| |
in subsection (3)(b) for “the wife” substitute “the spouse or civil partner”. |
| |
145 | In section 241 (intimidation or annoyance by violence or otherwise), in |
| |
subsection (1)(a), for “wife” substitute “spouse or civil partner”. |
| 40 |
146 | In section 292 (death of employee or employer), in subsection (3)(b), after |
| |
“widow,” insert “surviving civil partner,”. |
| |
|
| |
|