Civil Partnership Bill [HL]

House of Commons

Session 2002 - 03
Internet Publications
Other Bills before Parliament

Civil Partnership Bill [HL]

Civil Partnership Bill [HL]
Part 4 — Civil partnership: Northern Ireland
Chapter 2 — Dissolution, nullity and other proceedings
92

(5)
In this Part “civil partnership proceedings county court” means, where an
order made by the Lord Chancellor under subsection (4) is in force designating
a county court sitting for any division as a civil partnership proceedings county
court, a county court sitting for that division.
(6)
Except to the extent that rules of court otherwise provide, the jurisdiction
5
conferred by virtue of this section and section 190 on a civil partnership
proceedings county court is exercisable throughout Northern Ireland, but rules
of court may provide for a civil partnership cause (within the meaning of
section 190) pending in one such court to be heard and determined—
(a)
partly in that court and partly in another, or
10
(b)
in another.
(7)
Any jurisdiction conferred on a civil partnership proceedings county court is
exercisable even though by reason of any amount claimed the jurisdiction
would not but for this subsection be exercisable by a county court.
(8)
The jurisdiction of a civil partnership proceedings county court to exercise any
15
power under Schedule 15 (except a power under Part 8 of or paragraph 62 of
that Schedule or a power under paragraph 57, 58 or 66 of that Schedule which
is exercisable by county courts generally) shall, except to the extent that rules
of court otherwise permit and, in particular, without prejudice to section 190(4)
and (6), be exercisable only in connection with an application or order pending
20
in or made by such a court.
(9)
The power to make an order under subsection (4) is exercisable by statutory
rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I.
1979/1573 (N.I. 12)).
189
Appeals
25
(1)
Rules of court shall make provision for an appeal upon a point of law, a
question of fact or the admission or rejection of any evidence to the Court of
Appeal from—
(a)
any order made by a judge of a civil partnership proceedings county
court in the exercise of the jurisdiction conferred by a relevant
30
provision, or
(b)
the dismissal by a judge of a civil partnership proceedings county court
of any application under a relevant provision.
(2)
“Relevant provision” means any provision of—
(a)
this Chapter or Schedule 15 (except paragraphs 56 to 58 and 66);
35
(b)
the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2)).
(3)
A person dissatisfied with—
(a)
an order made by any county court in exercise of the jurisdiction
conferred by paragraph 57, 58 or 66 of Schedule 15, or
(b)
with the dismissal of any application made by him under any of those
40
paragraphs,

is entitled to appeal from the order or dismissal as if the order or dismissal had
been made in exercise of the jurisdiction conferred by Part 3 of the County
Courts (Northern Ireland) Order 1980 (S.I. 1980/397 (N.I. 3)) and the appeal
brought under Part 6 of that Order and Articles 61 (cases stated by county court
45
judge) and 62 (cases stated by High Court on appeal from county court) of that
Order apply accordingly.

Civil Partnership Bill [HL]
Part 4 — Civil partnership: Northern Ireland
Chapter 3 — Property and financial arrangements
93

190
Transfer of proceedings
(1)
This section applies if an order is made under section 188.
(2)
Rules of court—
(a)
must provide for the transfer to the High Court—
(i)
of any civil partnership cause pending in a civil partnership
5
proceedings county court which ceases to be undefended, and
(ii)
of any civil partnership cause so pending, where the transfer
appears to the civil partnership proceedings county court to be
desirable;
(b)
may provide for the transfer to the High Court of any civil partnership
10
cause which remains undefended;
(c)
may provide for the transfer or retransfer from the High Court to a civil
partnership proceedings county court of any civil partnership cause
which is, or again becomes, undefended;
(d)
must define the circumstances in which any civil partnership cause is
15
to be treated for the purposes of this subsection as undefended.
(3)
“Civil partnership cause” means an action for the dissolution or annulment of
a civil partnership or for the legal separation of civil partners.
(4)
Rules of court may provide for the transfer or retransfer—
(a)
from a civil partnership proceedings county court to the High Court, or
20
(b)
from the High Court to a civil partnership proceedings county court,

of any proceedings for the exercise of a power under this Chapter or Schedule
15 (except proceedings on an application under paragraph 57, 58 or 66).
(5)
The power conferred by subsections (2) and (4) includes power to provide for
the removal of proceedings at the direction of the High Court; but nothing in
25
this section affects—
(a)
any other power of the High Court to remove proceedings to that court
from a county court, or
(b)
any power to remit proceedings from that court to a county court.
(6)
A court has jurisdiction to entertain any proceedings transferred to the court
30
by virtue of rules made in pursuance of subsection (4).
Chapter 3
Property and financial arrangements
191
Disputes between civil partners about property
(1)
In any question between the civil partners in a civil partnership as to title to or
35
possession of property, either civil partner may apply by summons or
otherwise in a summary way to—
(a)
the High Court, or
(b)
a county court.
(2)
On such an application, the court may make such order with respect to the
40
property as it thinks fit (including an order for the sale of the property).
(3)
Rules of court made for the purposes of this section may confer jurisdiction on
county courts whatever the situation or value of the property in dispute.

Civil Partnership Bill [HL]
Part 4 — Civil partnership: Northern Ireland
Chapter 3 — Property and financial arrangements
94

192
Applications under section 191 where property not in possession etc.
(1)
The right of a civil partner (“A”) to make an application under section 191
includes the right to make such an application where A claims that the other
civil partner (“B”) has had in his possession or under his control—
(a)
money to which, or to a share of which, A was beneficially entitled, or
5
(b)
property (other than money) to which, or to an interest in which, A was
beneficially entitled,

and that either the money or other property has ceased to be in B’s possession
or under B’s control or that A does not know whether it is still in B’s possession
or under B’s control.
10
(2)
For the purposes of subsection (1)(a) it does not matter whether A is
beneficially entitled to the money or share—
(a)
because it represents the proceeds of property to which, or to an interest
in which, A was beneficially entitled, or
(b)
for any other reason.
15
(3)
Subsections (4) and (5) apply if, on such an application being made, the court
is satisfied that B—
(a)
has had in his possession or under his control money or other property
as mentioned in subsection (1)(a) or (b), and
(b)
has not made to A, in respect of that money or other property, such
20
payment or disposition as would have been just and equitable in the
circumstances.
(4)
The power of the court to make orders under section 191 includes power to
order B to pay to A—
(a)
in a case falling within subsection (1)(a), such sum in respect of the
25
money to which the application relates, or A’s share of it, as the court
considers appropriate, or
(b)
in a case falling within subsection (1)(b), such sum in respect of the
value of the property to which the application relates, or A’s interest in
it, as the court considers appropriate.
30
(5)
If it appears to the court that there is any property which—
(a)
represents the whole or part of the money or property, and
(b)
is property in respect of which an order could (apart from this section)
have been made under section 191,

the court may (either instead of or as well as making an order in accordance
35
with subsection (4)) make any order which it could (apart from this section)
have made under section 191.
(6)
Any power of the court which is exercisable on an application under section
191 is exercisable in relation to an application made under that section as
extended by this section.
40
193
Applications under section 191 by former civil partners
(1)
Where a civil partnership has been dissolved or annulled or is void (whether
or not it has been annulled), either party may make an application under
section 191 (or under that section as extended by section 192 ) and references in
those sections to a civil partner are to be read accordingly.
45
(2)
An application under subsection (1) must—

Civil Partnership Bill [HL]
Part 4 — Civil partnership: Northern Ireland
Chapter 3 — Property and financial arrangements
95

(a)
where the civil partnership has been dissolved or annulled, be made
within the period of 3 years beginning with the date of the dissolution
or annulment, and
(b)
where a civil partnership is void but has not been annulled and the
parties have ceased to live together in the same household, be made
5
within the period of 3 years beginning with the date on which they
ceased so to live together.
194
Assurance policy by civil partner for benefit of other civil partner etc.
Section 4 of the Law Reform (Husband and Wife) Act (Northern Ireland) 1964
(c. 23 (N.I.)) (money payable under policy of life assurance or endowment not
10
to form part of the estate of the insured) applies in relation to a policy of life
assurance or endowment—
(a)
effected by a civil partner on his own life, and
(b)
expressed to be for the benefit of his civil partner, or of his children, or
of his civil partner and children, or any of them,
15
as it applies in relation to a policy of life assurance or endowment effected by
a husband and expressed to be for the benefit of his wife, or of his children, or
of his wife and children, or of any of them.
195
Wills, administration of estates and family provision
Schedule 14 amends enactments relating to wills, administration of estates and
20
family provision so that they apply in relation to civil partnerships as they
apply in relation to marriage.
196
Financial relief for civil partners and children of family
(1)
Schedule 15 makes provision for financial relief in connection with civil
partnerships that corresponds to the provision made for financial relief in
25
connection with marriages by Part 3 of the Matrimonial Causes (Northern
Ireland) Order 1978 (S.I. 1978/1045 (N.I. 15)).
(2)
Any rule of law under which any provision of Part 3 of the 1978 Order is
interpreted as applying to dissolution of a marriage on the ground of
presumed death is to be treated as applying (with any necessary modifications)
30
in relation to the corresponding provision of Schedule 15.
(3)
Schedule 16 makes provision for financial relief in connection with civil
partnerships that corresponds to provision made for financial relief in
connection with marriages by the Domestic Proceedings (Northern Ireland)
Order 1980 (S.I. 1980/563 (N.I. 5)).
35
(4)
Schedule 17 makes provision for financial relief in Northern Ireland after a civil
partnership has been dissolved or annulled, or civil partners have been legally
separated, in a country outside the British Islands.

Civil Partnership Bill [HL]
Part 4 — Civil partnership: Northern Ireland
Chapter 5 — Children
96

Chapter 4
Civil partnership agreements
197
Civil partnership agreements unenforceable
(1)
A civil partnership agreement does not under the law of Northern Ireland have
effect as a contract giving rise to legal rights.
5
(2)
No action lies in Northern Ireland for breach of a civil partnership agreement,
whatever the law applicable to the agreement.
(3)
In this section and section 198 “civil partnership agreement” means an
agreement between two people—
(a)
to register as civil partners of each other—
10
(i)
in Northern Ireland (under Part 4),
(ii)
in England and Wales (under Part 2),
(iii)
in Scotland (under Part 3), or
(iv)
outside the United Kingdom under an Order in Council made
under Chapter 1 of Part 5 (registration at British consulates etc.
15
or by armed forces personnel), or
(b)
to enter into an overseas relationship.
(4)
This section applies in relation to civil partnership agreements whether
entered into before or after this section comes into force, but does not affect any
action commenced before it comes into force.
20
198
Property where civil partnership agreement is terminated
(1)
This section applies if a civil partnership agreement is terminated.
(2)
Sections 191 and 192 (disputes between civil partners about property) apply to
any dispute between, or claim by, one of the parties in relation to property in
which either or both had a beneficial interest while the agreement was in force,
25
as if the parties were civil partners of each other.
(3)
An application made under section 191 or 192 by virtue of subsection (2) must
be made within 3 years of the termination of the agreement.
(4)
A party to a civil partnership agreement who makes a gift of property to the
other party on the condition (express or implied) that it is to be returned if the
30
agreement is terminated is not prevented from recovering the property merely
because of his having terminated the agreement.
Chapter 5
Children
199
Parental responsibility, children of the family and relatives
35
(1)
Amend the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2))
(“the 1995 Order”) as follows.
(2)
In Article 2(2) (interpretation), for the definition of “child of the family” in
relation to the parties to a marriage, substitute—

Civil Partnership Bill [HL]
Part 4 — Civil partnership: Northern Ireland
Chapter 5 — Children
97


““child of the family”, in relation to parties to a marriage, or to two people
who are civil partners of each other, means—
(a)
a child of both of them, and
(b)
any other child, other than a child placed with them as foster
parents by an authority or voluntary organisation, who has
5
been treated by both of them as a child of their family.”
(3)
In the definition of “relative” in Article 2(2), for “by affinity)” substitute “by
marriage or civil partnership)”.
(4)
In Article 7(1C) (acquisition of parental responsibility by step-parent), after “is
married to” insert “, or a civil partner of,”.
10
200
Guardianship
In Article 161 of the 1995 Order (revocation of appointment), after paragraph
(7) insert—
“(8)
An appointment under paragraph (1) or (2) of Article 160 (including
one made in an unrevoked will) is revoked if—
15
(a)
the civil partnership of the person who made the appointment
is dissolved or annulled, and
(b)
the person appointed is his former civil partner.
(9)
Paragraph (8) is subject to a contrary intention appearing from the
appointment.
20
(10)
In paragraph (8) “dissolved or annulled” means—
(a)
dissolved by a dissolution order or annulled by a nullity order
under Part 4 of the Civil Partnership Act 2004, or
(b)
dissolved or annulled in any country or territory outside
Northern Ireland by a dissolution or annulment which is
25
entitled to recognition in Northern Ireland by virtue of Chapter
3 of Part 5 of that Act.”
201
Entitlement to apply for residence or contact order
In Article 10(5) of the 1995 Order (persons entitled to apply for residence or
contact order), after sub-paragraph (a) insert—
30
“(aa)
any civil partner in a civil partnership (whether or not
subsisting) in relation to whom the child is a child of the
family;”.
202
Financial provision for children
(1)
Amend Schedule 1 to the 1995 Order (financial provision for children) as
35
follows.
(2)
For paragraph 1(2) (extended meaning of “parent”) substitute—
“(2)
In this Schedule, except paragraphs 3 and 17, “parent” includes—
(a)
any party to a marriage (whether or not subsisting) in relation
to whom the child concerned is a child of the family, and
40

Civil Partnership Bill [HL]
Part 4 — Civil partnership: Northern Ireland
Chapter 6 — Miscellaneous
98

(b)
any civil partner in a civil partnership (whether or not
subsisting) in relation to whom the child concerned is a child of
the family;

and for this purpose any reference to either parent or both parents shall
be read as a reference to any parent of his and to all of his parents.”
5
(3)
In paragraph 3(6) (meaning of “periodical payments order”), after paragraph
(d) insert—
“(e)
Part 1 or 8 of Schedule 15 to the Civil Partnership Act 2004
(financial relief in the High Court or county court etc.);
(f)
Schedule 16 to the 2004 Act (financial relief in court of summary
10
jurisdiction etc.);”.
(4)
In paragraph 17(2) (person with whom a child lives or is to live), after
“husband or wife” insert “or civil partner”.
203
Adoption
(1)
Amend the Adoption (Northern Ireland) Order 1987 (S.I. 1987/2203 (N.I. 22))
15
as follows.
(2)
In Article 2 (interpretation), in the definition of “relative” in paragraph (2), for
“affinity” substitute “marriage or civil partnership”.
(3)
In Article 12 (adoption orders), in paragraph (5), after “married” insert “or who
is or has been a civil partner”.
20
(4)
In Article 15 (adoption by one person), in paragraph (1)(a), after “is not
married” insert “or a civil partner”.
(5)
In Article 33 (meaning of “protected child”), in paragraph (3)(g), after
“marriage” insert “or forming a civil partnership”.
(6)
In Article 40 (status conferred by adoption), in paragraph (3)(a), after “1984”
25
insert “or for the purposes of Schedule 12 to the Civil Partnership Act 2004”.
(7)
In Article 54 (disclosure of birth records of adopted children), in paragraph
(2)—
(a)
after “intending to be married” insert “or to form a civil partnership”;
(b)
for “the person whom he intends to marry” substitute “the intended
30
spouse or civil partner”;
(c)
after “1984” insert “or Schedule 12 to the Civil Partnership Act 2004”.
(8)
In Article 54A (Adoption Contact Register), in paragraph (13)(a), for “or
marriage” substitute “, marriage or civil partnership”.
Chapter 6
35
Miscellaneous
204
False statements etc. with reference to civil partnerships
(1)
Amend Article 8 of the Perjury (Northern Ireland) Order 1979 (S.I. 1979/1714
(N.I. 19)) (false statements etc. with reference to marriage) as follows.