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Civil Partnership Bill [HL]


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

383

 

96    (1)  

Amend section 42 (county court proceedings in principal registry of Family

Division) as follows.

      (2)  

In subsection (1)—

(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

county court”.

      (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

new subsection—

“(2A)   

Rules of court may make provision—

(a)   

for treating, for any purposes specified in the rules,

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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

court,

(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;

 

 

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

384

 

(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

such a court, and

(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

any rights, 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

partner”.

98         

In section 80A (rule where accused’s spouse not compellable)—

45

(a)   

for “wife or husband” substitute “spouse or civil partner”, and

 

 

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

385

 

(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

follows.

      (2)  

In subsection (1)—

(a)   

in paragraph (a), after “wife or husband” insert “or civil partner”,

and

(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

follows.

      (2)  

In subsections (1)(a) and (2)(a), after “wife or husband” insert “or civil

15

partner”.

      (3)  

In subsection (3)—

(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

partner”.

25

103        

In section 430E (associates), in subsection (8) after “spouse” insert “or civil

partner”.

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

a civil partnership”.

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

 

 

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

386

 

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

subsection (1)—

(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),

in subsection (1)—

(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

partner”.

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

 

 

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

387

 

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,

(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—

10

(i)   

the individual, or

(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

a former civil partner”.

15

Building Societies Act 1986 (c. 53)

123        

In section 70 (interpretation), in—

(a)   

subsection (2)(a) and (c), and

(b)   

subsection (4),

           

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

in that part.”

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”.

 

 

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

388

 

Children Act 1989 (c. 41)

129   (1)  

Amend section 8 (residence, contact and other orders with respect to

children) as follows.

      (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

partner”.

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

civil partner”.

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

death”.

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

or a county court etc.);

 

 

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

389

 

(fc)   

Schedule 6 to the 2004 Act (financial relief in magistrates’

courts etc.);

(fd)   

Schedule 7 to the 2004 Act (financial relief in England and

Wales after overseas dissolution etc. of a civil partnership);

and”.

5

Broadcasting Act 1990 (c. 42)

139        

In paragraph 1(2) of Part 1 of Schedule 2 (restrictions on the holding of

licences)—

(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

former civil partner”.

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

partner of,”.

      (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

civil partner”.

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

partnership”, and

(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,”.

 

 

 
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