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
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,
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
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,”.