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Civil Partnership Bill [HL]


Civil Partnership Bill [HL]
Schedule 28 — Consequential amendments: Scotland
Part 4 — Miscellaneous amendments

404

 

37         

In section 44(1)(b) (request for order requiring private examination of certain

persons before sheriff)—

(a)   

after “debtor’s spouse” insert “or civil partner”, and

(b)   

after “such spouse” insert “, civil partner”.

38         

In section 51(3)(b) (meaning of “postponed debt”), at the end insert “or civil

5

partner”.

39         

In section 74 (interpretation), in each of subsections (2) and (4), for “husband

or wife” (in each place) substitute “husband, wife or civil partner”.

40    (1)  

Amend Schedule 1 (determination of amount of creditor’s claim) as follows.

      (2)  

In paragraph 2(1)(a),  the words “in the case of spouses (or, where the aliment

10

is payable to a divorced person in respect of a child, former spouses)”

become paragraph 2(1)(a)(i).

      (3)  

At the end of paragraph 2(1)(a)(i) insert “, or

(ii)   

in the case of civil partners (or, where the aliment is

payable to a former civil partner in respect of a

15

child after dissolution of a civil partnership, former

civil partners),”.

      (4)  

In paragraph 2(2), after “divorce” insert “or on dissolution of a civil

partnership”.

Part 4

20

Miscellaneous amendments

Damages (Scotland) Act 1976 (c. 13)

41    (1)  

In Schedule 1 (definition of “relative”), amend paragraph 1 as follows.

      (2)  

In sub-paragraph (a)—

(a)   

after “spouse” (in both places) insert “or civil partner”, and

25

(b)   

at the end insert “or in a relationship which had the characteristics of

the relationship between civil partners”.

      (3)  

After sub-paragraph (e), omit “and”.

      (4)  

After sub-paragraph (f), insert “and

(g)   

any person who, having been a civil partner of the deceased,

30

had ceased to be so by virtue of the dissolution of the civil

partnership”.

Marriage (Scotland) Act 1977 (c. 15)

42         

Amend section 3 (notice of intention to marry) as follows—

(a)   

in subsection (1), after paragraph (a) insert—

35

“(aa)   

if he has previously been in civil partnership and the

civil partnership has been dissolved, a copy of the

decree of dissolution or annulment;”, and

(b)   

in subsection (2), after “paragraph (a)” insert “, (aa)”.

43         

In section 5(4)(b) (ground on which there is a legal impediment to a

40

marriage), at the end insert “or in civil partnership”.

 

 

Civil Partnership Bill [HL]
Schedule 28 — Consequential amendments: Scotland
Part 4 — Miscellaneous amendments

405

 

Presumption of Death (Scotland) Act 1977 (c. 27)

44    (1)  

Amend section 1(3) (jurisdiction of Court of Session to entertain action of

declarator) as follows.

      (2)  

In paragraph (b)(i), after “spouse” insert “or civil partner”.

      (3)  

After paragraph (b) insert “; or

5

“(c)   

in a case where the pursuer in the action is the civil partner of

the missing person, the following conditions are met—

(i)   

the two people concerned registered as civil partners

of each other in Scotland; and

(ii)   

it appears to the court to be in the interests of justice

10

to assume jurisdiction in the case.”

45    (1)  

Amend section 3 (effect of decree) as follows.

      (2)  

In subsection (1), after “marriage” insert “or of a civil partnership”.

      (3)  

In subsection (3)—

(a)   

after first “marriage” insert “or civil partnership”, and

15

(b)   

for “the dissolution of the marriage” substitute “its dissolution”.

Administration of Justice Act 1982 (c. 53)

46         

In section 13(1) (interpretation), in the definition of “relative”, after

paragraph (a) insert—

“(aa)   

the civil partner or former civil partner;”.

20

Rent (Scotland) Act 1984 (c. 58)

47         

In Schedule 1 (statutory tenants by succession)—

(a)   

in paragraph 2, after “spouse” (in both places) insert “or civil

partner” and after “spouse’s” insert “or civil partner’s”, and

(b)   

in paragraph 6, after “spouse” (in both places) insert “or civil

25

partner”.

48         

In Schedule 1A (statutory or statutory assured tenants by succession: certain

cases), in paragraph 2—

(a)   

in sub-paragraph (1), after “spouse” (in both places) insert “or civil

partner” and after “spouse’s” insert “or civil partner’s”,

30

(b)   

in sub-paragraph (2), at the end insert “and a person who was living

with the original tenant in a relationship which had the

characteristics of the relationship between civil partners shall be

treated as the civil partner of the original tenant”, and

(c)   

in sub-paragraph (3), after “couples)” insert “or under section 101 of

35

the Civil Partnership Act 2004” and after “spouse” insert “, or as the

case may be as the surviving civil partner,”.

Mental Health (Scotland) Act 1984 (c. 36)

49    (1)  

Amend section 53 (definition of “relative” and “nearest relative”) as follows.

      (2)  

In subsection (1)(a), at the end insert “or civil partner”.

40

      (3)  

In subsection (4)—

 

 

Civil Partnership Bill [HL]
Schedule 28 — Consequential amendments: Scotland
Part 4 — Miscellaneous amendments

406

 

(a)   

in paragraph (b), for “or wife” substitute “, wife or civil partner” and

after “spouse” insert “or civil partner”, and

(b)   

in paragraph (c), after “wife,” insert “civil partner,”.

      (4)  

After subsection (5) insert—

“(5A)   

In this section “civil partner” includes a person who is living with the

5

patient in a relationship which has the characteristics of the

relationship between civil partners (or, if the patient is for the time

being an in-patient in a hospital, was so living until the patient was

admitted), and has been or had been so living for a period of not less

than 6 months; but a person shall not be treated by virtue of this

10

subsection as the nearest relative of a partner in a civil partnership

unless the civil partner of the patient is disregarded by virtue of

paragraph (b) of subsection (4) of this section.”

      (5)  

In subsection (6)(b)—

(a)   

after “married patient” insert “or of a partner in a civil partnership”,

15

and

(b)   

after “wife” insert “, or as the case may be the civil partner,”.

50         

In section 54 (children and young persons in care of local authority), for “or

wife” substitute “, wife or civil partner”.

Housing Associations Act 1985 (c. 69)

20

51    (1)  

Amend section 105 (meaning of “member of a person’s family”) as follows.

      (2)  

In subsection (1)(a)—

(a)   

after “spouse” insert “or civil partner”, and

(b)   

at the end insert “or in a relationship which has the characteristics of

the relationship between civil partners”.

25

      (3)  

In subsection (2)(a), after “a relationship by marriage” insert “or civil

partnership”.

Debtors (Scotland) Act 1987 (c. 18)

52         

In section 106 (interpretation), in paragraph (a) of the definition of

“maintenance order”—

30

(a)   

after “divorce” insert “or on dissolution of a civil partnership”, and

(b)   

after “marriage” insert “or of nullity of a civil partnership”.

Housing (Scotland) Act 1987 (c. 26)

53         

In section 83 (“members of a person’s family”)—

(a)   

in subsection (1)(a), after “spouse” insert “or civil partner”,

35

(b)   

in subsection (2)(a), after “marriage” insert “or by virtue of civil

partnership”, and

(c)   

in subsection (3), after “references to” insert “that person’s civil

partner or to”.

Civil Evidence (Scotland) Act 1988 (c. 32)

40

54    (1)  

Amend section 8 (evidence in actions concerning family relationships, etc.)

as follows.

 

 

Civil Partnership Bill [HL]
Schedule 28 — Consequential amendments: Scotland
Part 4 — Miscellaneous amendments

407

 

      (2)  

In subsection (2), for “separation or declarator of marriage, nullity of

marriage” substitute “for dissolution of civil partnership, for separation of

spouses or of civil partners, for declarator of marriage or of nullity of

marriage or of civil partnership or for”.

      (3)  

After subsection (3) insert—

5

“(3A)   

Subject to subsection (4) below, in any action for dissolution of civil

partnership, separation of civil partners or declarator of nullity of

civil partnership, the evidence referred to in subsection (1) above

shall consist of or include evidence other than that of a partner in the

civil partnership (or purported civil partnership).”

10

      (4)  

In subsection (4), after “(3)” insert “or (3A)”.

Housing (Scotland) Act 1988 (c. 43)

55    (1)  

Amend section 31 (right of succession of spouse) as follows.

      (2)  

In subsection (1), after “spouse” (in both places) insert “or civil partner”.

      (3)  

In subsection (3)(b), after “spouse” insert “or civil partner”.

15

      (4)  

In subsection (4)—

(a)   

the existing words from “as his” to the end become paragraph (a),

and

(b)   

after that paragraph insert the following paragraph—

“(b)   

in a relationship which had the characteristics of the

20

relationship between civil partners shall be treated as

the tenant’s civil partner”.

56         

In Part 1 of Schedule 5 (grounds on which sheriff must order possession), in

paragraph (b) of ground 1, after “spouse’s” insert “or civil partner’s”.

Crofters (Scotland) Act 1993 (c. 44)

25

57         

In section 61(2) (interpretation), for “or husband” substitute “, husband or

civil partner”.

Civil Evidence (Family Mediation) (Scotland) Act 1995 (c. 6)

58         

In section 1(2) (inadmissibility in civil proceedings of information as to what

occurred during family mediation), after paragraph (c) insert the following

30

paragraph—

“(cc)   

between partners in a civil partnership or persons in a

purported civil partnership concerning matters arising out of

the breakdown or termination of their relationship,”.

Children (Scotland) Act 1995 (c. 36)

35

59    (1)  

Amend section 12 (restrictions on decrees for divorce, separation or

annulment affecting children) as follows.

      (2)  

In subsection (1), the existing words “divorce, judicial separation, or

declarator of nullity of marriage” become paragraph (a) and after that

paragraph insert “or” and the following paragraph—

40

“(b)   

dissolution or declarator of nullity of a civil partnership or

separation of civil partners,”.

 

 

Civil Partnership Bill [HL]
Schedule 28 — Consequential amendments: Scotland
Part 4 — Miscellaneous amendments

408

 

      (3)  

In subsection (4)—

(a)   

the existing words from “the parties” to the end become paragraph

(a) (with the existing paragraphs (a) and (b) becoming sub-

paragraphs (i) and (ii)), and

(b)   

after the new paragraph (a) insert “or” and the following

5

paragraph—

“(b)   

the partners in a civil partnership, means a child who

has been accepted by both partners as a child of the

family which their partnership constitutes.”.

60         

In section 54(2) (reference to the Principal Reporter by court), after

10

paragraph (a) insert—

“(aa)   

an action for dissolution or declarator of nullity of a civil

partnership or separation of civil partners;”.

Sexual Offences (Amendment) Act 2000 (c. 44)

61         

In section 3(2)(c) (abuse of position of trust: defence), after “to” insert “, or in

15

civil partnership with,”.

Housing (Scotland) Act 2001 (asp 10)

62         

In section 31(c) (effect of work on rent)—

(a)   

after “spouse” insert “or civil partner”, and

(b)   

for “husband and wife except that the persons are of the same sex”

20

substitute “civil partners”.

63    (1)  

Amend section 108 (meaning of “family” etc.) as follows.

      (2)  

In subsection (1)(a), after “spouse” insert “or civil partner”.

      (3)  

In subsection (2)(a), after “marriage” insert “or by virtue of civil

partnership”.

25

64    (1)  

Amend Schedule 2 (grounds for recovery of possession of house) as follows.

      (2)  

In paragraph 5—

(a)   

in sub-paragraph (a), after “spouse” insert “or civil partner”, and

(b)   

in sub-paragraph (b), for “husband and wife except that the persons

are of the same sex” substitute “civil partners”.

30

      (3)  

In paragraph 15—

(a)   

in sub-paragraph (a), for “(or former spouse)” substitute “or civil

partner (or former spouse or former civil partner)”, and

(b)   

in sub-paragraph (b), for “husband and wife except that the persons

are of the same sex” substitute “civil partners”.

35

65         

In Schedule 3 (succession: qualified persons), in paragraph 2(1)(a)—

(a)   

in sub-head (i), after “spouse” insert “or civil partner”, and

(b)   

in sub-head (ii), for “husband and wife except that the persons are of

the same sex” substitute “civil partners”.

Criminal Justice (Scotland) Act 2003 (asp 7)

40

66    (1)  

Amend section 14 (victim statements) as follows.

      (2)  

In subsection (10)(a), at the end insert “or civil partner”.

 

 

Civil Partnership Bill [HL]
Schedule 29 — Minor and consequential amendments: Northern Ireland

409

 

      (3)  

For subsection (11) substitute—

“(11)   

In subsection (10)(b), “cohabitee” means a person who has lived with

the victim—

(a)   

as if in a married relationship; or

(b)   

in a relationship which had the characteristics of the

5

relationship between civil partners,

   

for at least six months and was so living immediately before the

offence (or apparent offence) was perpetrated.”

Agricultural Holdings (Scotland) Act 2003 (asp 11)

67    (1)  

Amend section 71 (meaning of “family”) as follows.

10

      (2)  

In subsection (2)(a), after “spouse” insert “or civil partner”, and

      (3)  

In subsection (3)(a), after “marriage” insert “or by virtue of civil

partnership”.

Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13)

68    (1)  

Amend section 254 (meaning of “nearest relative”) as follows.

15

      (2)  

In subsection (2)(a), at the end insert “or civil partner”.

      (3)  

In subsection (3), after “spouse” insert “or civil partner”.

      (4)  

In subsection (7)(a)(ii), for “husband and wife except that the person and the

relevant person are of the same sex” substitute “civil partners”.

69         

In section 313(5)(a)(ii) (defence in respect of sexual offence), after “spouse”

20

insert “or civil partner”.

Schedule 29

Section 261(3)

 

Minor and consequential amendments: Northern Ireland

Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.))

1          

In section 46 (miscellaneous definitions), in subsection (2), after the

25

definition of “barrister-at-law” insert—

           

““civil partnership” means a civil partnership which exists under the

Civil Partnership Act 2004 (and any reference to a civil partner shall

be construed accordingly);”.

Trustee Act (Northern Ireland) 1958 (c. 23 (N.I.))

30

2     (1)  

Amend section 32(3)(a) (trust on reaching 18 or marrying under that age of

accumulations during infancy) as follows.

      (2)  

In sub-paragraph (i)—

(a)   

after “marries under that age” insert “or forms a civil partnership

under that age”, and

35

(b)   

for “or until his marriage” substitute “, or until his marriage or his

formation of a civil partnership,”.

 

 

Civil Partnership Bill [HL]
Schedule 29 — Minor and consequential amendments: Northern Ireland

410

 

      (3)  

In sub-paragraph (ii), after “marriage” insert “, or on formation of a civil

partnership,”.

      (4)  

In the words after that sub-paragraph, after “marriage” insert “or formation

of a civil partnership”.

3     (1)  

Amend section 34(1)(b) (trust to maintain principal beneficiary and his

5

spouse and issue on failure of protective trust under paragraph (a)(ii)) as

follows.

      (2)  

In sub-paragraphs (i) and (ii), for “wife or husband” substitute “spouse or

civil partner”.

      (3)  

In sub-paragraph (ii), after “married” insert “or formed a civil partnership”.

10

Perpetuities Act (Northern Ireland) 1966 (c. 2 (N.I.))

4     (1)  

Amend section 3 (uncertainty as to remoteness) as follows.

      (2)  

In subsection (4)(a), after “spouse” insert “or civil partner”.

      (3)  

In subsection (5)(f), after “spouse” insert “or civil partner”.

5     (1)  

Amend section 5 (condition relating to death of surviving spouse) as

15

follows.

      (2)  

After “spouse” insert “or civil partner”.

      (3)  

In the heading to section 5, after “spouse” insert “or civil partner”.

Office and Shop Premises Act (Northern Ireland) 1966 (c.26 (N.I.))

6          

In section 2 (exception for premises in which only employer’s relatives or

20

outworkers work), in subsection (1), after “wife” insert “, civil partner”.

Maintenance and Affiliation Orders Act (Northern Ireland) 1966 (c. 35 (N.I.))

7          

In section 10 (orders to which Part 2 of the Act applies), in subsection (2),

after paragraph (h) insert—

“(i)   

paragraph 2(1)(a) or (d), 33, 34(3) or 36(1)(a) or (d)

25

of Schedule 15, Schedule 16, or paragraph 9 of

Schedule 17 so far as that paragraph applies Part 1

of Schedule 15, to the Civil Partnership Act 2004;”.

8     (1)  

Amend section 13 (variation of orders registered in courts of summary

jurisdiction) as follows.

30

      (2)  

In subsection (5A), after “1980” insert “or paragraph 42 of Schedule 16 to the

Civil Partnership Act 2004”.

      (3)  

In subsection (7B), after “1989” insert “or paragraph 9 of Schedule 17 so far

as that paragraph applies Part 1 of Schedule 15”.

Census Act (Northern Ireland) 1969 (c.8 (N.I.))

35

9          

In the Schedule (matters of which particulars may be required), in paragraph

5, after “marriage” insert “or civil partnership”.

Theft Act (Northern Ireland) 1969 (c. 16 (N.I.))

10    (1)  

Amend section 29(1) (effect on civil proceedings and rights) as follows.

 

 

 
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