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
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”
15
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”;
10
(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
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
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)—
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,”.

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,”.
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,
(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”.
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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
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”.

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”.
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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”.
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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
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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,”.
40