|
| |
|
| | | | | Grandchild of former civil partner |
| | | | Grandchild of former spouse |
| | |
|
|
| |
Degrees of Affinity referred to in Paragraphs (2C) and (2D) |
| 5 |
| | | | | Parent of former civil partner |
| | | | | | | | Former civil partner of child”. |
| | |
|
| 10 |
(a) | in sub-paragraph (b), for the words “brother or sister” substitute |
| |
| |
(b) | in sub-paragraph (c), after the word “marriage” insert “or civil |
| |
| |
(5) | In paragraph (2A), for the words from “between a man” to “that Part II” |
| 15 |
substitute “between a person and any person mentioned in the list in Part 2 |
| |
| |
(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 |
| |
| 20 |
(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 |
| 25 |
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 |
| |
| 30 |
(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”— |
| |
|
| |
|
| |
|
(a) | in paragraphs (a), (b) and (c), after “spouse” insert “or civil partner”, |
| |
| |
(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,”. |
| |
| |
(a) | for “marriage of” substitute “formation of a marriage or civil |
| |
| |
(b) | after “before the marriage” insert “or civil partnership was formed”; |
| 10 |
(c) | for “a marriage contracted” substitute “the formation of a marriage |
| |
| |
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 |
| 20 |
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”. |
| 25 |
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 |
| |
| |
| 30 |
(a) | in sub-paragraph (a), after “wife or husband” insert “or civil |
| |
| |
(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 |
| |
| |
(2) | In paragraphs (1)(a) and (2)(a), after “wife or husband” insert “or civil |
| |
| |
| 40 |
(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,”. |
| |
|
| |
|
| |
|
(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 |
| |
| 5 |
74 | In Article 423E (associates), in paragraph (8) after “spouse” insert “or civil |
| |
| |
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 |
| |
| |
77 (1) | Amend paragraph 2(1) of Schedule 1 (persons entitled to receive notice) as |
| |
| 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.) |
| |
| |
(2) | In paragraph (2) (no application may be made after remarriage), for |
| |
“remarries” substitute “forms a subsequent marriage or civil partnership,”. |
| 25 |
(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, |
| |
| 35 |
| |
(ii) | the individual’s husband or wife or civil partner, or |
| |
(c) | the husband or wife or civil partner of a relative of— |
| |
| |
(ii) | the individual’s husband or wife or civil partner.” |
| 40 |
(3) | In paragraph (3), after “husband or wife” insert “or civil partner”. |
| |
|
| |
|
| |
|
(4) | In paragraph (8), at the end insert “and references to a civil partner include |
| |
| |
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.” |
| 25 |
(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 |
| 35 |
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”. |
| |
|
| |
|
| |
|
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 |
| |
| 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 |
| |
| 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 |
| |
| 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 |
| |
| |
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”. |
| |
|
| |
|
| |
|
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 |
|
| |
|
| |
|
(2) | After paragraph (1)(a) insert— |
| |
“(aa) | a pension sharing order under Schedule 15 to the Civil |
| |
| |
(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 |
| |
| |
111 (1) | Amend Article 31 (“implementation period”) as follows. |
| |
(2) | In paragraph (1)(b)(i), omit “matrimonial”. |
| 10 |
| |
(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 |
| |
| |
(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 |
| |
| |
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 |
| |
| 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 |
| |
| 40 |
|
| |
|