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
390

Charities Act 1993 (c. 10)
147
In Schedule 5 (meaning of “connected person” for purposes of section 36(2))
in paragraph 1(e) after “spouse” insert “or civil partner”.
Pension Schemes Act 1993 (c. 48)
148
In section 101E(1)(b) after “or widower” insert “or surviving civil partner”.
5
Pension Schemes (Northern Ireland) Act 1993 (c. 49)
149
In section 97E(1)(b) after “or widower” insert “or surviving civil partner”.
Disability Discrimination Act 1995 (c. 50)
150   (1)
In section 23 (exemption for small dwellings), amend subsection (7) as
follows.
10
      (2)
In the definition of “near relative”—
(a)
after “spouse” insert “or civil partner”, and
(b)
for “by affinity)” substitute “by marriage or civil partnership)”.
      (3)
For the definition of “partner” substitute—

““partner” means the other member of a couple consisting of—
15
(a)
a man and a woman who are not married to each
other but are living together as husband and wife, or
(b)
two people of the same sex who are not civil partners
of each other but are living together as if they were
civil partners.”
20
Employment Rights Act 1996 (c. 18)
151
In section 57A (time off for dependants), in subsection (3)(a), after “spouse”
insert “or civil partner”.
Family Law Act 1996 (c. 27)
152   (1)
Amend section 64 (provision for separate representation for children) as
25
follows.
      (2)
Omit “or” at the end of subsection (1)(c).
      (3)
At the end of subsection (1)(d) insert “or
(e)
Schedule 5 or 6 to the Civil Partnership Act 2004.”
Trusts of Land and Appointment of Trustees Act 1996 (c. 47)
30
153
In paragraph 3 of Schedule 1 (family charges), after “in consideration of
marriage” insert “or the formation of a civil partnership”.
Civil Procedure Act 1997 (c. 12)
154
In section 7 (power of courts to make orders for preserving evidence etc.), in
subsection (7), after “spouse” insert “or civil partner”.
35

Civil Partnership Bill [HL]
Schedule 27 — Minor and consequential amendments: general
391

National Minimum Wage Act 1998 (c. 39)
155
In section 14 (powers of officers), in subsection (2), for “married, the person’s
spouse” substitute “married or a civil partner, the person’s spouse or civil
partner”.
Access to Justice Act 1999 (c. 22)
5
156
In Schedule 2 (community legal service: excluded services), in paragraph
2(3)(d), after “Domestic Proceedings and Magistrates’ Courts Act 1978”
insert “or Schedule 6 to the Civil Partnership Act 2004”.
Welfare Reform and Pensions Act 1999 (c. 30)
157   (1)
Amend section 23 (supply of pension information in connection with
10
divorce etc.) as follows.
      (2)
After subsection (1)(a)(i) insert—
“(ia)
financial relief under Schedule 5 or 7 to the Civil
Partnership Act 2004 (England and Wales powers in
relation to domestic and overseas dissolution of civil
15
partnerships etc.),”.
      (3)
In subsection (1)(a)(ii)—
(a)
after “1984” insert “or Schedule 11 to the 2004 Act”, and
(b)
at the end, omit “or”.
      (4)
In subsection (1)(a)(iii) for “(corresponding Northern Ireland powers);”
20
substitute “(Northern Ireland powers corresponding to those mentioned in
sub-paragraph (i)), or
(iv)
financial relief under Schedule 15 or 17 to the 2004 Act
(Northern Ireland powers corresponding to those
mentioned in sub-paragraph (ia));”.
25
      (5)
In subsection (1)(b), for “or (iii)” substitute “(ia), (iii) or (iv)”.
158   (1)
Amend section 24 (charges by pension arrangements in relation to
earmarking orders) as follows.
      (2)
After paragraph (a) insert—
“(aa)
an order under Part 1 of Schedule 5 to the Civil Partnership
30
Act 2004 (financial provision orders in connection with
dissolution of civil partnerships etc.) so far as it includes
provision made by virtue of Part 6 of that Schedule (powers
to include provision about pensions),”.
      (3)
At the end of paragraph (b) omit “or” and after paragraph (c) insert “, or
35
(d)
an order under Part 1 of Schedule 15 to the 2004 Act so far as
it includes provision made by virtue of Part 5 of that Schedule
(Northern Ireland powers corresponding to those mentioned
in paragraph (aa)).”
159   (1)
Amend section 28 (activation of pension sharing) as follows.
40
      (2)
After subsection (1)(a) insert—
“(aa)
a pension sharing order under Schedule 5 to the Civil
Partnership Act 2004,”.

Civil Partnership Bill [HL]
Schedule 27 — Minor and consequential amendments: general
392

      (3)
After subsection (1)(d) insert—
“(da)
an order under Schedule 7 to the 2004 Act (financial relief in
England and Wales after overseas dissolution etc. of a civil
partnership) corresponding to such an order as is mentioned
in paragraph (aa),”.
5
      (4)
In subsection (1)(f)—
(a)
at the end of sub-paragraph (i) insert “or between persons who are
civil partners of each other”, and
(b)
at the end of sub-paragraph (iii) insert “or (as the case may be) on the
grant, in relation to the civil partnership, of decree of dissolution or
10
of declarator of nullity”.
      (5)
In subsection (1)(g), after “divorce etc.)” insert “or under Schedule 11 to the
2004 Act (financial provision in Scotland after overseas proceedings)”.
      (6)
In subsection (1)(h) for “Northern Ireland legislation, and” substitute “the
Matrimonial Causes (Northern Ireland) Order 1978 (S.I. 1978/1045 (N.I.
15
15)),”.
      (7)
After subsection (1)(i) insert—
“(j)
a pension sharing order under Schedule 15 to the 2004 Act,
and
(k)
an order under Schedule 17 to the 2004 Act (financial relief in
20
Northern Ireland after overseas dissolution etc. of a civil
partnership) corresponding to such an order as is mentioned
in paragraph (j).”
      (8)
In subsection (7)(a), omit “matrimonial”.
      (9)
In subsection (8)—
25
(a)
in paragraph (a), after “divorce” insert “, dissolution”, and
(b)
at the end of paragraph (b) insert “or, where the order is under
Schedule 11 to the 2004 Act, the date of disposal of the application
under paragraph 2 of that Schedule”.
     (10)
In subsection (9)—
30
(a)
omit “matrimonial”, and
(b)
in paragraphs (a) and (b)(i), after “divorce” insert “, dissolution”.
160   (1)
Amend section 34 (“implementation period”) as follows.
      (2)
In subsection (1)(b)(i), omit “matrimonial”.
      (3)
In subsection (2)—
35
(a)
omit “matrimonial”, and
(b)
in paragraph (b), after “divorce” insert “, dissolution”.
161   (1)
Amend section 48 (activation of benefit sharing) as follows.
      (2)
After subsection (1)(a) insert—
“(aa)
a pension sharing order under Schedule 5 to the Civil
40
Partnership Act 2004,”.
      (3)
After subsection (1)(d) insert—
“(da)
an order under Schedule 7 to the 2004 Act (financial relief in
England and Wales after overseas dissolution etc. of a civil
partnership) corresponding to such an order as is mentioned
45
in paragraph (aa),”.
      (4)
In subsection (1)(f)—

Civil Partnership Bill [HL]
Schedule 27 — Minor and consequential amendments: general
393

(a)
at the end of sub-paragraph (i) insert “or between persons who are
civil partners of each other”, and
(b)
at the end of sub-paragraph (iii) insert “or (as the case may be) on the
grant, in relation to the civil partnership, of decree of dissolution or
of declarator of nullity”.
5
      (5)
In subsection (1)(g), after “divorce etc.)” insert “or under Schedule 11 to the
2004 Act (financial provision in Scotland after overseas proceedings)”.
      (6)
In subsection (1)(h) for “Northern Ireland legislation, and” substitute “the
Matrimonial Causes (Northern Ireland) Order 1978 (S.I. 1978/1045 (N.I.
15)),”.
10
      (7)
After subsection (1)(i) insert—
“(j)
a pension sharing order under Schedule 15 to the 2004 Act,
and
(k)
an order under Schedule 17 to the 2004 Act (financial relief in
Northern Ireland after overseas dissolution etc. of a civil
15
partnership) corresponding to such an order as is mentioned
in paragraph (j).”
      (8)
In subsection (6)(a), omit “matrimonial”.
      (9)
In subsection (7)—
(a)
in paragraph (a), after “divorce” insert “, dissolution”, and
20
(b)
at the end of paragraph (b) insert “or, where the order is under
Schedule 11 to the 2004 Act, the date of disposal of the application
under paragraph 2 of that Schedule”.
     (10)
In subsection (8)—
(a)
omit “matrimonial”, and
25
(b)
in paragraphs (a) and (b)(i), after “divorce” insert “, dissolution”.
Immigration and Asylum Act 1999 (c. 33)
162
After section 24 insert—
“24A
Duty to report suspicious civil partnerships
(1)
Subsection (3) applies if—
30
(a)
a registration authority to whom a notice of proposed civil
partnership has been given under section 8 of the Civil
Partnership Act 2004,
(b)
any person who, under section 8 of the 2004 Act, has attested
a declaration accompanying such a notice,
35
(c)
a district registrar to whom a notice of proposed civil
partnership has been given under section 88 of the 2004 Act,
or
(d)
a registrar to whom a civil partnership notice has been given
under section 139 of the 2004 Act,
40

has reasonable grounds for suspecting that the civil partnership will
be a sham civil partnership.
(2)
Subsection (3) also applies if—
(a)
two people register as civil partners of each other under Part
2, 3 or 4 of the 2004 Act in the presence of the registrar, and
45

Civil Partnership Bill [HL]
Schedule 27 — Minor and consequential amendments: general
394

(b)
before, during or immediately after they do so, the registrar
has reasonable grounds for suspecting that the civil
partnership will be, or is, a sham civil partnership.
(3)
The person concerned must report his suspicion to the Secretary of
State without delay and in such form and manner as may be
5
prescribed by regulations.
(4)
The regulations are to be made—
(a)
in relation to England and Wales, by the Registrar General for
England and Wales with the approval of the Chancellor of
the Exchequer;
10
(b)
in relation to Scotland, by the Secretary of State after
consulting the Registrar General of Births, Deaths and
Marriages for Scotland;
(c)
in relation to Northern Ireland, by the Secretary of State after
consulting the Registrar General in Northern Ireland.
15
(5)
“Sham civil partnership” means a civil partnership (whether or not
void)—
(a)
formed between a person (“A”) who is neither a British
citizen nor a national of an EEA State other than the United
Kingdom and another person (whether or not such a citizen
20
or such a national), and
(b)
formed by A for the purpose of avoiding the effect of one or
more provisions of United Kingdom immigration law or the
immigration rules.
(6)
“The registrar” means—
25
(a)
in relation to England and Wales, the civil partnership
registrar acting under Part 2 of the 2004 Act;
(b)
in relation to Scotland, the authorised registrar acting under
Part 3 of the 2004 Act;
(c)
in relation to Northern Ireland, the registrar acting under
30
Part 4 of the 2004 Act.”
163
In section 166 (regulations and orders), in subsection (6)(b) after “24(3)”
insert “, 24A(3)”.
Representation of the People Act 2000 (c. 2)
164   (1)
Amend Schedule 4 (absent voting in Great Britain) as follows.
35
      (2)
In paragraph 3(3)(c), for “his spouse,” (in both places) substitute “his spouse
or civil partner,”.
      (3)
In paragraph 6(6), for “husband, wife,” substitute “spouse, civil partner,”.
Financial Services and Markets Act 2000 (c. 8)
165
In section 422 (controller), in subsection (4)(a), after “spouse” insert “or civil
40
partner”.
166
In Schedule 11 (offers of securities), in paragraph 16(2), after “wife, husband,
widow, widower” insert “, civil partner, surviving civil partner,”.

Civil Partnership Bill [HL]
Schedule 27 — Minor and consequential amendments: general
395

Land Registration Act 2002 (c. 9)
167
In section 125 (privilege against self-incrimination), in subsection (2), after
“spouse” insert “or civil partner”.
Enterprise Act 2002 (c. 40)
168
In section 127 (associated persons), in subsections (4)(a) and (c) and (6), after
5
“spouse” (in each place) insert “, civil partner”.
169
In section 222 (bodies corporate: accessories), in subsection (10), after
“spouse” in paragraphs (a), (c), (d) and (e) (in each place) insert “or civil
partner”.
Licensing Act 2003 (c. 17)
10
170
In section 101 (minimum of 24 hours between event periods), in subsection
(3)(a) and (d), after “spouse” insert “or civil partner”.
Local Government Act 2003 (c. 26)
171
In paragraph 2(1)(a) of Schedule 4 (spouse of employee of the Valuation
Tribunal Service disqualified for appointment as member of the Service),
15
after “is married to” insert “or is the civil partner of”.
Courts Act 2003 (c. 39)
172
In section 76 (further provision about scope of Family Procedure Rules), in
subsection (2)(b), after “divorce county court” insert “or civil partnership
proceedings county court (within the meaning of Part 5 of the Matrimonial
20
and Family Proceedings Act 1984)”.
Sexual Offences Act 2003 (c. 42)
173   (1)
Amend section 23 (sections 16 to 19: marriage exception) as follows.
      (2)
At the end of subsection (1)(b) insert “or civil partners of each other”.
      (3)
In subsection (2), for “were lawfully married at the time” substitute “were at
25
the time lawfully married or civil partners of each other”.
      (4)
In the heading to section 23 for “marriage exception” substitute “exception
for spouses and civil partners”.
174   (1)
Amend section 28 (sections 25 and 26: marriage exception) as follows.
      (2)
At the end of subsection (1)(b) insert “or civil partners of each other”.
30
      (3)
In subsection (2), for “were lawfully married at the time” substitute “were at
the time lawfully married or civil partners of each other”.
      (4)
In the heading to section 28 for “marriage exception” substitute “exception
for spouses and civil partners”.
175   (1)
Amend section 43 (sections 38 and 41: marriage exception) as follows.
35
      (2)
At the end of subsection (1)(b) insert “or civil partners of each other”.
      (3)
In subsection (2), for “were lawfully married at the time” substitute “were at
the time lawfully married or civil partners of each other”.

Civil Partnership Bill [HL]
Schedule 28 — Consequential amendments: Scotland
Part 2 — Amendments of the Family Law (Scotland) Act 1985 (c. 37)
396

      (4)
In the heading to section 43 for “marriage exception” substitute “exception
for spouses and civil partners”.
Schedule 28
Section 261(2)

Consequential amendments: Scotland
Part 1
5
Amendments of the Succession (Scotland) Act 1964 (c. 41)
1
In section 1(2) (intestacy: saving for legal rights or prior rights), after
“spouse” insert “or civil partner”.
2
In section 2(1)(e) (intestacy: succession rights of surviving spouse)—
(a)
for “or a wife” substitute, “, wife or civil partner”, and
10
(b)
after “spouse” insert “or civil partner”.
3
In section 5(1) (representation on intestacy), for “or spouse” substitute
“, spouse or civil partner”.
4
In section 8 (prior rights on intestacy in dwelling house and furniture), in
subsections (1), (3) and (4), after “spouse” (in each place, including the
15
provisos to subsections (1) and (3)) insert “or civil partner”.
5
In section 9 (prior right to financial provision on intestacy)—
(a)
in subsection (1), for “or wife, the surviving spouse” substitute “, wife
or civil partner the survivor”, and
(b)
in the proviso to that subsection and in subsections (2), (3), (4) and
20
(6), after “spouse”, (in each place) insert “or civil partner”.
6
In section 15(2)(a) (transfer of heritage in satisfaction of claim to legal rights
or prior rights), after “spouse” insert “or civil partner”.
7
In section 16(2) (transfer of interest of tenant notwithstanding condition
prohibiting assignation), after “spouse” insert “or civil partner”.
25
8
In section 31(1) (presumption of survivorship in respect of claims to
property)—
(a)
after “spouse” insert “or civil partner”, and
(b)
in paragraph (a), after “wife” insert “or civil partners to each other”.
9
In section 36(1) (interpretation), in the definition of “prior rights”, after
30
“spouse” insert “or civil partner”.
Part 2
Amendments of the Family Law (Scotland) Act 1985 (c. 37)
10
In section 1(1) (obligation of aliment), after paragraph (b) insert—
“(bb)
a partner in a civil partnership to the other partner,”.
35
11    (1)
Amend section 2 (actions for aliment) as follows.