Civil Partnership Bill [HL]

House of Commons

Session 2002 - 03
Internet Publications
Other Bills before Parliament

Civil Partnership Bill [HL]

Civil Partnership Bill [HL]
Schedule 29 — Minor and consequential amendments: Northern Ireland
411

      (2)
For “wife or husband” substitute “spouse or civil partner”.
      (3)
For “married after the making of the statement or admission) against the
wife or husband” substitute “married or became civil partners after the
making of the statement or admission) against the spouse or civil partner”.
Industrial and Provident Societies Act (Northern Ireland) 1969 (c. 24 (N.I.))
5
11    (1)
Amend section 22 (nomination to property in society) as follows.
      (2)
In subsection (2), for “husband, wife,” substitute “spouse, civil partner,”.
      (3)
In subsection (6)—
(a)
for “marriage of” substitute “formation of a marriage or civil
partnership by”;
10
(b)
after “before the marriage” insert “or civil partnership was formed”;
(c)
for “a marriage contracted” substitute “the formation of a marriage
or civil partnership”.
12
In the definition of “member of the family” in section 101(1) (interpretation),
for “husband, wife,” substitute “spouse, civil partner,”.
15
Land Registration Act (Northern Ireland) 1970 (c.18 (N.I.))
13
In Schedule 11 (matters required to be registered in the Statutory Charges
Register), after paragraph 45 insert—
“46
An order under paragraph 67(2) of Schedule 15 to the Civil
Partnership Act 2004 to the extent that by virtue of paragraph
20
69(1)(b) of that Schedule it renders liable to be set aside at the
instance of an applicant for financial relief a disposition of any
land in Northern Ireland which is specified in the order.”
Leasehold (Enlargement and Extension) Act (Northern Ireland) 1971 (c. 7 (N.I.))
14
In section 1 (general right to acquire fee simple or to obtain extension of
25
lease), in subsection (3)(f)(i) to (iv), after “spouse” insert “or civil partner”.
15
In section 19 (restrictions on right to extension of lease or to acquire fee
simple), in subsection (1)(a)(i), after “spouse” insert “or civil partner”.
Civil Evidence Act (Northern Ireland) 1971 (c. 36 (N.I.))
16    (1)
Amend section 10 (privilege against incrimination of self or spouse).
30
      (2)
In subsection (1), for “husband or wife” substitute “spouse or civil partner”.
      (3)
In the heading to section 10, after “spouse” insert “or civil partner”.
Local Government Act (Northern Ireland) 1972 (c. 9 (N.I.))
17
In section 30 (relatives of councillors), in subsection (6) (relevant family
relationship)—
35
(a)
after “husband and wife” insert “or civil partners”;
(b)
after “husband or wife” insert (in both places) “or civil partner”.
18
In section 146 (interpretation: pecuniary interests), in subsection (2)
(interests of spouses living together)—

Civil Partnership Bill [HL]
Schedule 29 — Minor and consequential amendments: Northern Ireland
412

(a)
after “spouses” insert (in both places) “or civil partners”;
(b)
after “spouse” insert (in both places) “or civil partner”.
Employer’s Liability (Defective Equipment and Compulsory Insurance) (Northern Ireland)
Order 1972 (S.I. 1972/963 (N.I. 6))
19
In Article 6(a) (persons whom employer is not required to insure) after
5
“husband, wife,” insert “civil partner,”.
Births and Deaths Registration (Northern Ireland) Order 1976 (S.I. 1976/1041 (N.I. 14))
20
In Article 2(2) (interpretation), in the definition of “relative”, after “by
marriage” insert “or civil partnership”.
Sex Discrimination (Northern Ireland) Order 1976 (S.I. 1976/1042 (N.I. 15))
10
21
In Article 2(6) (meaning of “near relative”)—
(a)
after “wife or husband” (in both places) insert “or civil partner”, and
(b)
for “by affinity)” substitute “by marriage or civil partnership)”.
Pharmacy (Northern Ireland) Order 1976 (S.I. 1976/1213 (N.I. 22))
15
22
In Article 3(3)(e)(iii) (objects of Pharmaceutical Society include providing
relief for distressed relatives), for “widows,” substitute “surviving spouses,
surviving civil partners,”.
Criminal Damage (Northern Ireland) Order 1977 (S.I. 1977/426 (N.I. 4))
23    (1)
Amend Article 11 (evidence in connection with offences under the Order) as
20
follows.
      (2)
For “wife or husband” substitute “spouse or civil partner”.
      (3)
For “married after the making of the statement or admission) against the
wife or husband” substitute “married or became civil partners after the
making of the statement or admission) against the spouse or civil partner”.
25
Judicature (Northern Ireland) Act 1978 (c. 23)
24
In section 31 (remittal and removal of proceedings), in subsection (7)(b),
after “1882” insert “or section 191 of the Civil Partnership Act 2004”.
25    (1)
Amend section 35(2) (restrictions on appeals to Court of Appeal from High
Court) as follows.
30
      (2)
After paragraph (e) insert—
“(ea)
from a dissolution order, nullity order or presumption of death
order under Chapter 2 of Part 4 of the Civil Partnership Act 2004
that has been made final, by a party who, having had time and the
opportunity to appeal from the conditional order on which the
35
final order was founded, has not appealed from that conditional
order;”.
      (3)
In paragraph (g)(iv), after “matrimonial cause” insert “, a conditional order
in a civil partnership cause”.

Civil Partnership Bill [HL]
Schedule 29 — Minor and consequential amendments: Northern Ireland
413

26    (1)
Amend section 94A (withdrawal of privilege against incrimination of self or
spouse in certain proceedings) as follows.
      (2)
In subsection (1), after “spouse” insert “or civil partner”.
      (3)
In subsection (3), for “married after the making of the statement or
admission) against the spouse” substitute “married or became civil partners
5
after the making of the statement or admission) against the spouse or civil
partner”.
Health and Safety at Work (Northern Ireland) Order 1978 (S.I. 1978/1039 (N.I. 9))
27
In Article 22 (powers of inspectors), in paragraph (7), for “husband or wife”
substitute “spouse or civil partner”.
10
Matrimonial Causes (Northern Ireland) Order 1978 (S.I. 1978/1045 (N.I. 15))
28    (1)
Insert after Article 2(4)—
“(4A)
References in this Order to the formation of a civil partnership by a
person include references to a civil partnership which is by law void
or voidable.”
15
29
In Article 13 (grounds on which marriage is void), at the end of paragraph
(1)(d) insert “or a civil partner”.
30    (1)
Amend Article 17 (marriages governed by foreign law or celebrated abroad
under certain enactments or common law) as follows.
      (2)
In paragraph (1), at the beginning insert “Subject to paragraph (3)”.
20
      (3)
After paragraph (2) insert—
“(3)
No marriage is to be treated as valid by virtue of paragraph (1) if, at
the time when it purports to have been celebrated, either party was
already a civil partner.”
31    (1)
Amend Article 30 (duration of continuing financial provision orders in
25
favour of party to marriage, and effect of remarriage) as follows.
      (2)
In paragraph (1)(a) and (b) after “remarriage of” insert “, or formation of a
civil partnership by,”.
      (3)
In paragraph (2)—
(a)
after “remarriage of” insert “, or formation of a civil partnership by,”,
30
and
(b)
after “the remarriage” insert “or formation of the civil partnership”.
      (4)
In paragraph (3), after “remarries whether at any time before or after the
commencement of this Article”, insert “or forms a civil partnership”.
      (5)
In the heading to Article 30, after “remarriage” insert “or formation of civil
35
partnership”.
32
In Article 37 (alteration of agreements by court during lives of parties), in
paragraph (4)(a) and (b), after “remarriage of” insert “, or formation of a civil
partnership by,”.
33    (1)
Amend Article 40 (orders for repayment in certain cases of sums paid after
40
cessation of order by reason of remarriage) as follows.
      (2)
In paragraph (1)—

Civil Partnership Bill [HL]
Schedule 29 — Minor and consequential amendments: Northern Ireland
414

(a)
in sub-paragraph (a), after “remarriage of” insert “, or formation of a
civil partnership by,”, and
(b)
in sub-paragraph (b), after “remarriage” insert “or formation of the
civil partnership”.
      (3)
In paragraph (6)—
5
(a)
in sub-paragraph (a), after “remarriage of” insert “, or formation of a
civil partnership by,”, and
(b)
in the words following sub-paragraph (b), after “had remarried”
insert “or formed a civil partnership”.
      (4)
In the heading to Article 40, after “remarriage” insert “or formation of civil
10
partnership”.
Rehabilitation of Offenders (Northern Ireland) Order 1978 (S.I. 1978/1908 (N.I. 27))
34
In Article 8 (limitations on rehabilitation), in paragraph (2)(c), after
“marriage,” insert “civil partnership,”.
Criminal Appeal (Northern Ireland) Act 1980 (c. 47)
15
35
In section 47A (appeals in cases of death), in subsection (3)(a), after
“widower” insert “or surviving civil partner”.
County Courts (Northern Ireland) Order 1980 (S.I. 1980/397 (N.I. 3))
36
In Article 10 (general civil jurisdiction), after paragraph (3) insert—
“(3A)
Except as provided by the Civil Partnership Act 2004, a county court
20
which is not a civil partnership proceedings county court shall not
have jurisdiction to hear any cause or matter to which that Act
applies.”
37
In Article 14 (jurisdiction in equity matters), in paragraph (j), after “1882”
insert “or section 191 of the Civil Partnership Act 2004”.
25
38
In Article 39 (capacity of parties), in paragraph (2)(d), after “marriage, death
or bankruptcy of” insert “, or the formation of a civil partnership by,”.
Domestic Proceedings (Northern Ireland) Order 1980 (S.I. 1980/563 (N.I. 5))
39
In Article 6 (duration of orders for financial provision for a party to a
marriage), in paragraph (2)—
30
(a)
after “remarriage of” insert “, or formation of a civil partnership by,”,
and
(b)
after “the remarriage” insert “or formation of the civil partnership”.
40    (1)
Amend Article 40 (orders for repayment in certain cases of sums paid after
cessation of order by reason of remarriage) as follows.
35
      (2)
In paragraph (1)—
(a)
in sub-paragraph (a), after “remarriage of” insert “, or formation of a
civil partnership by,”, and
(b)
in sub-paragraph (b), after “that remarriage” insert “or the formation
of that civil partnership”.
40
      (3)
In paragraph (8)—

Civil Partnership Bill [HL]
Schedule 29 — Minor and consequential amendments: Northern Ireland
415

(a)
in sub-paragraph (a), after “remarriage of” insert “, or formation of a
civil partnership by,”, and
(b)
in the words following sub-paragraph (b)—
(i)
after “the remarriage” insert “or the formation of that civil
partnership”, and
5
(ii)
after “had remarried” insert “or formed a civil partnership”.
      (4)
In the heading to Article 40, after “remarriage” add “or formation of civil
partnership”.
Judgments Enforcement (Northern Ireland) Order 1981 (S.I. 1981/226 (N.I. 6)
41
In Article 4 (judgments to which Order applies), in paragraph (e), after
10
“1980” insert “or Part 1, 2 or 6 of Schedule 16 to the Civil Partnership Act
2004”.
42
In Article 6 (judgments to which Order does not apply), in paragraph (c),
after “matrimonial jurisdiction” insert “or by the High Court or a civil
partnership proceedings county court in the exercise of its civil partnership
15
jurisdiction”.
43
In Article 7 (The Enforcement of Judgments Office), in paragraph (3), after
“domestic” insert “or civil partnership”.
44
In Article 25 (taking custody of goods under a money judgment), in
paragraph (2)(b), after “spouse” insert “or civil partner”.
20
45
In Article 32 (property which may be seized), in paragraph (d), after
“spouse” (in each place) insert “or civil partner”.
46
In Article 33 (property exempt from seizure), in paragraph (a), after
“spouse” (in each place) insert “or civil partner”.
47
In Article 36 (where seizure may be effected), in paragraph (a)(i), after
25
“spouse” insert “or civil partner”.
48
In Article 38 (power of entry under order of seizure), after “spouse” insert
“or civil partner”.
49
In Article 44 (interpleader), in paragraph (1), after “spouse” insert “or civil
partner”.
30
50    (1)
Amend Article 96A (maintenance orders in the High Court and divorce
county courts) as follows.
      (2)
In paragraphs (1), (3)(a), (7) and (9) after “divorce county court” insert (in
each place) “or civil partnership proceedings county court”.
      (3)
In the heading to Article 96A, for “divorce” substitute “certain”.
35
51    (1)
Amend Article 98 (power of courts to make attachment of earnings orders)
as follows.
      (2)
In paragraph (a)(i), after “matrimonial” insert “or civil partnership”.
      (3)
In paragraph (a)(ii), after “matrimonial jurisdiction” insert “or a civil
partnership proceedings county court in the exercise of its civil partnership
40
jurisdiction”.
52    (1)
Amend Article 107 (committal for default) as follows.

Civil Partnership Bill [HL]
Schedule 29 — Minor and consequential amendments: Northern Ireland
416

      (2)
In paragraph (1)(c), after “matrimonial jurisdiction” insert “or by the High
Court or a civil partnership proceedings county court in the exercise of its
civil partnership jurisdiction”.
      (3)
In paragraph (2)(a)(ii), after “matrimonial” insert “or civil partnership”.
Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 (S.I. 1981/228 (N.I. 8))
5
53
In Article 14(4) (resources of person’s wife or husband treated as resources
of that person), for “wife or husband” substitute “spouse or civil partner”.
54
In Part 1 of Schedule 1 (proceedings for which legal aid may be given), in
paragraph 3(b), after “1998” insert “or Schedule 16 to the Civil Partnership
Act 2004”.
10
Magistrates’ Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26))
55
In Article 85 (orders for periodical payment: means of payment), in
paragraph (8)(a)(ii), after “1980” insert “, the Civil Partnership Act 2004”.
56
In Article 86 (revocation, variation, etc., of orders for periodical payment), in
paragraph (1), after “1980” insert “and paragraph 42 of Schedule 16 to the
15
Civil Partnership Act 2004”.
57
In Article 88 (nature of domestic proceedings), after paragraph (dh), insert—
“(di)
under paragraph 54 of Schedule 15 to the Civil Partnership Act
2004 or under Schedule 16 to that Act;”.
58
In Article 98 (enforcement of orders for periodical payment of money), in
20
paragraph (11)(i), after “1980” insert “or Schedule 16 to the Civil Partnership
Act 2004”.
59
In Article 99 (enforcement of orders for payment of money other than
periodical payments), in paragraph (11), after “1980” insert “or Part 1, 2 or 6
of Schedule 16 to the Civil Partnership Act 2004”.
25
60
In Article 143 (appeals in other cases), after paragraph (3) insert—
“(4)
Paragraph (1) is also subject to paragraph 8(2) of Schedule 16 to the
Civil Partnership Act 2004 and Article 31(1) of the Domestic
Proceedings (Northern Ireland) 1980 as applied by paragraph 46 of
that Schedule.”
30
61
In Article 164 (appearance by counsel or solicitor), in paragraph (3), for
“husband, wife” substitute “spouse, civil partner”.
Criminal Attempts and Conspiracy (Northern Ireland) Order 1983 (S.I. 1983/1120 (N.I. 13))
62
In Article 10 (exemptions from liability for conspiracy), in paragraph (2)(a),
after “spouse” insert “or civil partner”.
35
Forfeiture (Northern Ireland) Order 1982 (S.I. 1982/1082 (N.I. 14))
63
In Article 5 (application for financial provision not affected by the forfeiture

Civil Partnership Bill [HL]
Schedule 29 — Minor and consequential amendments: Northern Ireland
417

rule), at the end of paragraph (2)(b) insert “and
(c)
paragraphs 53 (variation of secured periodical payments order)
and 66 (alteration of maintenance agreements by court) of
Schedule 15 to the Civil Partnership Act 2004”.
Family Law (Miscellaneous Provisions) (Northern Ireland) Order 1984 (S.I. 1984/1984 (N.I.
5
14))
64    (1)
Amend Article 18 (prohibited degrees of relationship) as follows.
      (2)
In paragraph (1), for the words from “between a man” to “that Table”
substitute “between a person and any person mentioned in the list in Part 1
of the following Table”.
10
      (3)
For the Table in paragraph (1) substitute—
“Part 1
Prohibited Degrees of Relationship

Adoptive child

Adoptive parent

15

Child

Former adoptive child

Former adoptive parent

Grandparent

Grandchild

20

Parent

Parent’s sibling

Sibling

Sibling’s child

Part 2
25
Degrees of Affinity referred to in Paragraphs (2A) and (2B)

Child of former civil partner

Child of former spouse

Former civil partner of grandparent

Former civil partner of parent

30

Former spouse of grandparent