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Civil Partnership Bill [HL]


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

418

 
 

Former spouse of parent

 
 

Grandchild of former civil partner

 
 

Grandchild of former spouse

 
 

Part 3

Degrees of Affinity referred to in Paragraphs (2C) and (2D)

5

 

Parent of former spouse

 
 

Parent of former civil partner

 
 

Former spouse of child

 
 

Former civil partner of child”.

 

      (4)  

In paragraph (2)—

10

(a)   

in sub-paragraph (b), for the words “brother or sister” substitute

“sibling”;

(b)   

in sub-paragraph (c), after the word “marriage” insert “or civil

partnership”.

      (5)  

In paragraph (2A), for the words from “between a man” to “that Part II”

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substitute “between a person and any person mentioned in the list in Part 2

of that Table”.

      (6)  

In paragraph (2C), for the words from “between a man” to “that Part III”

substitute “between a person and any person mentioned in the list in Part 3

of that Table”.

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      (7)  

In paragraph (2D), for sub-paragraphs (a) to (d) substitute—

“(a)       

in the case of a marriage between a person and the parent of a

former spouse of that person, after the death of both the former

spouse and the former spouse’s other parent;

(b)        

in the case of a marriage between a person and the parent of a

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former civil partner of that person, after the death of both the

former civil partner and the former civil partner’s other parent;

(c)        

in the case of a marriage between a person and the spouse of a

child of that person, after the death of both the child and the

child’s other parent;

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(d)        

in the case of a marriage between a person and the former civil

partner of a child of that person, after the death of both the child

and the child’s other parent.”

Credit Unions (Northern Ireland) Order 1985 (S.I. 1985/1205 (N.I. 12))

65    (1)  

Amend Article 2(2) (interpretation) as follows.

35

      (2)  

After the definition of “board of directors” insert—

         

““civil partner” includes former civil partner;”.

      (3)  

In the definition of “member of the family”—

 

 

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

419

 

(a)   

in paragraphs (a), (b) and (c), after “spouse” insert “or civil partner”,

and

(b)   

in paragraph (ii), for “a child born in wedlock” substitute “the

legitimate child of the relationship in question”.

66    (1)  

Amend Article 17 (nomination to property in credit union) as follows.

5

      (2)  

In paragraph (2), after “wife,” insert “civil partner,”.

      (3)  

In paragraph (6)—

(a)   

for “marriage of” substitute “formation of a marriage or civil

partnership by”;

(b)   

after “before the marriage” insert “or civil partnership was formed”;

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(c)   

for “a marriage contracted” substitute “the formation of a marriage

or civil partnership”.

Mental Health (Northern Ireland) Order 1986 (S.I. 1986/595 (N.I. 4))

67    (1)  

Amend Schedule 1 (persons by whom a medical recommendation or

medical report under Article 12 may not be given) as follows.

15

      (2)  

In paragraph 3, after “spouse,” insert “civil partner,”.

      (3)  

In paragraph 4, after “spouse” insert “or civil partner”.

Companies (Northern Ireland) Order 1986 (S.I. 1986/1032 (N.I. 6))

68    (1)  

Amend Article 10A (meaning of “offer to the public”) as follows.

      (2)  

In paragraph (3)(a)(iii), for “widow or widower” substitute “surviving

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spouse or surviving civil partner”.

      (3)  

In paragraph (6)(a), after “spouse” insert “or civil partner”.

69         

In Article 11 (employees’ share scheme), in paragraph (b), for “wives,

husbands, widows, widowers” substitute “spouses, civil partners, surviving

spouses, surviving civil partners”.

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70         

In Article 211 (notification of family and corporate interests), in paragraph

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

71    (1)  

Amend Article 335 (extension of Article 331 to spouses and children) as

follows.

      (2)  

In paragraph (1)—

30

(a)   

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

partner”, and

(b)   

in the words following sub-paragraph (b), after “as the case may be,”

insert “civil partner or”.

      (3)  

In the heading to Article 335, after “spouses” insert “, civil partners”.

35

72    (1)  

Amend Article 336 (extension of Article 332 to spouses and children) as

follows.

      (2)  

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

partner”.

      (3)  

In paragraph (3)—

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(a)   

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

(b)   

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

“wife, husband,” insert “civil partner,”.

 

 

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

420

 

      (4)  

In the heading to Article 336, after “spouses” insert “, civil partners”.

73         

In Article 354 (connected persons) in paragraph (2)—

(a)   

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

(b)   

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

partner”.

5

74         

In Article 423E (associates), in paragraph (8) after “spouse” insert “or civil

partner”.

75         

In Schedule 7 (matters to be dealt with in directors’ report), in paragraph

2B(3) (immediate family), after “spouse” insert “, civil partner”.

Enduring Powers of Attorney (Northern Ireland) Order 1987 (S.I. 1987/1627 (N.I. 16))

10

76         

In Article 5 (scope of authority etc. of attorney under enduring power), in

paragraph (5)(a), for “or marriage” substitute “marriage or the formation of

a civil partnership”.

77    (1)  

Amend paragraph 2(1) of Schedule 1 (persons entitled to receive notice) as

follows.

15

      (2)  

In head (a), after “wife” insert “or civil partner”.

      (3)  

In head (e), after “widower” insert “or surviving civil partner”.

78         

Paragraphs 76 and 77 apply in relation to the exercise of powers under

enduring powers of attorney created before the passing of this Act as well as

to those created on or after its passing.

20

Matrimonial and Family Proceedings (Northern Ireland) Order 1989 (S.I. 1989/677 (N.I. 4))

79    (1)  

Amend Article 16 (applications for financial relief after overseas divorce etc.)

as follows.

      (2)  

In paragraph (2) (no application may be made after remarriage), for

“remarries” substitute “forms a subsequent marriage or civil partnership,”.

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      (3)  

For paragraph (3) substitute—

“(3)    

The reference in paragraph (2) to the forming of a subsequent

marriage or civil partnership includes a reference to the forming of a

marriage or civil partnership which is by law void or voidable.”

Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19))

30

80    (1)  

Amend Article 4 (meaning of “associate”) as follows.

      (2)  

For paragraph (2) substitute—

“(2)    

A person is an associate of an individual if that person is—

(a)   

the individual’s husband or wife or civil partner,

(b)   

a relative of—

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(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—

(i)   

the individual, or

(ii)   

the individual’s husband or wife or civil partner.”

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      (3)  

In paragraph (3), after “husband or wife” insert “or civil partner”.

 

 

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

421

 

      (4)  

In paragraph (8), at the end insert “and references to a civil partner include

a former civil partner”.

81         

In Article 179 (proceedings under Article 177 and 178), in paragraph (3)(b),

after “marriage” insert “or the formation of a civil partnership”.

82         

In Article 286 (charge on bankrupt’s home), in paragraph (1), after “former

5

spouse” insert “or by his civil partner or former civil partner”.

83    (1)  

Amend Article 302 (debts to spouse) as follows.

      (2)  

In paragraph (1), after “spouse” (in each place) insert “or civil partner”.

      (3)  

In the heading to Article 302, after “spouse” insert “or civil partner”.

84         

In Article 305 (saving for bankrupt’s home), in paragraph (1), after “former

10

spouse” insert “or by his civil partner or former civil partner”.

85         

In Article 312 (transactions at an undervalue), in paragraph (3)(b), after

“marriage” insert “or the formation of a civil partnership”.

86         

In Article 337 (inquiry into bankrupt’s dealings and property), in paragraph

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

15

87         

In Article 367 (transactions defrauding creditors), in paragraph (1)(b), after

“marriage” insert “or the formation of a civil partnership”.

Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12))

88    (1)  

Amend Article 79 (compellability of accused’s spouse) as follows.

      (2)  

In paragraphs (2), (2A) and (3), for “wife or husband” (in each place)

20

substitute “spouse or civil partner”.

      (3)  

After paragraph (5) insert—

“(5A)    

In any criminal proceedings a person who has been but is no longer

the civil partner of the accused shall be compellable to give evidence

as if that person and the accused had never been civil partners.”

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      (4)  

In the heading to Article 79, after “accused’s spouse” insert “or civil partner”.

89         

In Article 79A (rule where accused’s spouse not compellable)—

(a)   

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

(b)   

in the heading, after “spouse” insert “or civil partner”.

Companies (Northern Ireland) Order 1990 (S.I. 1990/593 (N.I. 5))

30

90         

In Article 54 (meaning of “associate”), in paragraph (2)(a) after “spouse”

insert “or civil partner”.

Food Safety (Northern Ireland) Order 1991 (S.I. 1991/762 (N.I. 7))

91         

In Article 42 (continuance of registration or licence on death), in paragraph

(2), for the words from “the deceased’s personal representative” to “his

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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 expiration of—

(a)   

the period of 3 months from the date of the deceased’s death”.

 

 

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

422

 

Industrial Relations (Northern Ireland) Order 1992 (S.I.1992/807 (N.I.5))

92         

In Article 23 (recovery of sums awarded in proceedings involving trade

unions and employers’ associations), in the definition of “provident

benefits” in paragraph (3), for “wife” substitute “spouse or civil partner”.

Pension Schemes (Northern Ireland) Act 1993 (c. 49)

5

93         

In section 97E (discharge of liability where pension credit or alternative

benefits secured by insurance policies or annuity contracts), in subsection

(1)(b), after “or widower” insert “or civil partner”.

Family Law (Northern Ireland) Order 1993 (S.I. 1993/1576 (N.I. 6))

94    (1)  

In Article 12 (family proceedings rules), amend paragraph (3)(g) as follows.

10

      (2)  

After “1978” insert “or a civil partnership cause within the meaning of

section 190(3) of the Civil Partnership Act 2004”.

      (3)  

After “that Article 48” insert (in both places) “that section 190(3)”.

      (4)  

After “divorce county court” insert “or civil partnership proceedings county

court”.

15

Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2))

95         

In Article 8 (residence, contact and other orders with respect to children),

after paragraph (4)(h) insert—

“(i)    

Chapter 2 of Part 4 of, or Schedule 15, 16 or 17 to, the Civil

Partnership Act 2004”.

20

96         

In Article 50 (care orders and supervision orders), in paragraph (4), for

“married)” substitute “married or a civil partner)”.

97         

In Article 67 (powers to assist in discovery of children who may be in need

of emergency protection), in paragraph (2), after “spouse” insert “or civil

partner”.

25

98         

In Article 69 (recovery of abducted children, etc.), in paragraph (11), after

“spouse” insert “or civil partner”.

99         

In Article 166 (appeals), at the end of paragraph (2)(b) insert “or

(c)        

where the county court is a civil partnership proceedings county

court exercising jurisdiction under the Civil Partnership Act 2004

30

in the same proceedings”.

100        

In Article 171 (self-incrimination), in paragraph (2), after “spouse” insert “or

civil partner”.

Trade Union and Labour Relations (Northern Ireland) Order 1995(S.I.1995/1980 (N.I.12))

101        

In Article 125 (intimidation or annoyance by violence or otherwise), in

35

paragraph (1)(a), for “wife” substitute “spouse or civil partner”.

Employment Rights (Northern Ireland) Order 1996 (S.I. 1996/1919 (N.I. 16))

102        

In Article 85A (time off for dependants), in paragraph (3)(a), after “spouse”

insert “or civil partner”.

 

 

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

423

 

103        

In Article 248 (institution or continuance of tribunal proceedings), in

paragraph (5)(b), for “widow or widower” substitute “surviving spouse,

surviving civil partner”.

Registration of Clubs (Northern Ireland) Order 1996 (S.I. 1996/3159 (N.I. 23))

104        

In Schedule 1 (provisions to be included in rules of club), in paragraph 11,

5

for “husband, wife” substitute “spouse, civil partner”.

Race Relations (Northern Ireland) Order 1997 (S.I. 1997/869 (N.I. 6))

105        

In Article 23(7) (exceptions: meaning of “near relative”)—

(a)   

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

(b)   

for “by affinity)” substitute “by marriage or civil partnership)”.

10

Fair Employment and Treatment (Northern Ireland) Order 1998 (S.I. 1998/3162 (N.I. 21))

106        

In Article 30(7) (exceptions: meaning of “near relative”)—

(a)   

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

(b)   

for “by affinity)” substitute “by marriage or civil partnership)”.

107        

In Article 69(3)(c) (interpretation: connected person), after “wife or

15

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

Welfare Reform and Pensions (Northern Ireland) 1999 (S.I. 1999/3147 (N.I. 11))

108   (1)  

Amend Article 21 (supply of pension information in connection with

divorce etc.) as follows.

      (2)  

After paragraph (1)(a)(i) insert—

20

“(ia)    

financial relief under Schedule 15 or 17 to the Civil

Partnership Act 2004 (powers in relation to domestic and

overseas dissolution of civil partnerships etc.);”.

      (3)  

In paragraph (1)(a)(ii), after “1984” insert “or Schedule 5 or 7 to the 2004 Act”.

      (4)  

In paragraph (1)(a)(iii), after “1984” insert “or Schedule 11 to the 2004 Act”.

25

      (5)  

In paragraph (1)(b), after “(a)(i)” insert “, (ia)”.

109   (1)  

Amend Article 22 (charges by pension arrangements in relation to

earmarking orders) as follows.

      (2)  

After paragraph (a) insert—

“(aa)    

an order under Part 1 of Schedule 15 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 5 of that Schedule (powers

to include provision about pensions),”.

      (3)  

At the end of paragraph (b) omit “or” and after that paragraph insert—

35

“(bb)    

an order under Part 1 of Schedule 5 to the 2004 Act so far as it

includes provision made by virtue of Part 6 of that Schedule

(England and Wales powers corresponding to those

mentioned in paragraph (aa)), or”.

110   (1)  

Amend Article 25 (activation of pension sharing) as follows.

40

 

 

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

424

 

      (2)  

After paragraph (1)(a) insert—

“(aa)    

a pension sharing order under Schedule 15 to the Civil

Partnership Act 2004,”.

      (3)  

After paragraph (1)(b) insert—

“(ba)    

an order under Schedule 17 to the 2004 Act (financial relief in

5

Northern Ireland after overseas dissolution etc. of a civil

partnership) corresponding to such an order as is mentioned

in paragraph (aa),”.

111   (1)  

Amend Article 31 (“implementation period”) as follows.

      (2)  

In paragraph (1)(b)(i), omit “matrimonial”.

10

      (3)  

In paragraph (2)—

(a)   

omit “matrimonial”, and

(b)   

in sub-paragraph (b), after “divorce” insert “, dissolution”.

112   (1)  

Amend Article 45 (activation of benefit sharing) as follows.

      (2)  

After paragraph (1)(a) insert—

15

“(aa)    

a pension sharing order under Schedule 15 to the Civil

Partnership Act 2004,”.

      (3)  

After paragraph (1)(b) insert—

“(ba)    

an order under Schedule 17 to the 2004 Act (financial relief in

Northern Ireland after overseas dissolution etc. of a civil

20

partnership) corresponding to such an order as is mentioned

in paragraph (aa),”.

Housing (Northern Ireland) Order 2003 (S.I. 2003/412 (N.I. 2))

113        

In Article 85 (meaning of exempt disposal), after paragraph (3)(d) insert—

“(e)    

Part 2 of Schedule 15 or 17 to the Civil Partnership Act 2004;.”

25

Marriage (Northern Ireland) Order 2003 (S.I. 2003/413 (N.I. 3))

114   (1)  

Amend Article 5 (power to require evidence) as follows.

      (2)  

In paragraph (3)(c), after “marital” insert “and civil partnership”.

      (3)  

After paragraph (3) insert—

“(4)    

In paragraph (3)(c), “marital and civil partnership status”, in relation

30

to a person, means whether that person has previously formed a

marriage or a civil partnership, and if so, whether that marriage or

civil partnership has ended.”

115        

In Article 6 (objections), in paragraph (6)(b), after “married” insert “or a civil

partner”.

35

Access to Justice (Northern Ireland) Order 2003 (S.I. 2003/435 (N.I. 10))

116        

In Article 39 (conditional fee agreements: supplementary), in paragraph (2)

(definition of “family proceedings”), after sub-paragraph (f) insert—

“(g)    

Chapter 2 of Part 4 of, or Schedules 15, 16 or 17 to the Civil

Partnership Act 2004,”.

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