|
| |
|
(2) | After paragraph (1) insert— |
| |
| |
(a) | for the purpose of procuring the formation of a civil partnership |
| |
or a document mentioned in paragraph (1B)— |
| |
(i) | makes or signs a declaration required under Part 4 or 5 |
| 5 |
of the Civil Partnership Act 2004; or |
| |
(ii) | gives a notice or certificate required under Part 4 or 5 of |
| |
the Civil Partnership Act 2004, |
| |
| knowing that the declaration, notice or certificate is false; |
| |
(b) | for the purpose of a record being made in any register relating |
| 10 |
| |
(i) | makes a statement as to any information which is |
| |
required to be registered under Part 4 or 5 of the Civil |
| |
| |
(ii) | causes such a statement to be made, |
| 15 |
| knowing that the statement is false; |
| |
(c) | forbids the issue of a document mentioned in paragraph (1B)(a) |
| |
or (b) by representing himself to be a person whose consent to a |
| |
civil partnership between a child and another person is |
| |
required under Part 4 or 5 of the Civil Partnership Act 2004, |
| 20 |
knowing the representation to be false, |
| |
| shall be guilty of an offence. |
| |
| |
(a) | a civil partnership schedule; |
| |
(b) | a document required by an Order in Council under section 210 |
| 25 |
or 211 of the Civil Partnership Act 2004 as an authority for two |
| |
people to register as civil partners of each other; |
| |
(c) | a certificate of no impediment under section 240 of the Civil |
| |
| |
(3) | In paragraph (2), after “paragraph (1)” insert “or (1A)”. |
| 30 |
(4) | In the heading to Article 8, after “marriage” insert “or civil partnership”. |
| |
205 | Housing and tenancies |
| |
Schedule 18 amends certain enactments relating to housing and tenancies. |
| |
206 | Family homes and domestic violence |
| |
Schedule 19 amends the Family Homes and Domestic Violence (Northern |
| 35 |
Ireland) Order 1998 (S.I. 1998/1071 (N.I. 6)) and related enactments so that they |
| |
apply in relation to civil partnerships as they apply in relation to marriages. |
| |
207 | Fatal accidents claims |
| |
(1) | Amend the Fatal Accidents (Northern Ireland) Order 1977 (S.I. 1977/1251 (N.I. |
| |
| 40 |
(2) | In Article 2(2) (meaning of “dependant”), after sub-paragraph (a) insert— |
| |
“(aa) | the civil partner or former civil partner of the deceased;”. |
| |
|
| |
|
| |
|
(3) | In sub-paragraph (b)(iii) of Article 2(2), after “wife” insert “or civil partner”. |
| |
(4) | After sub-paragraph (f) of Article 2(2) insert— |
| |
“(fa) | any person (not being a child of the deceased) who, in the case |
| |
of any civil partnership in which the deceased was at any time |
| |
a civil partner, was treated by the deceased as a child of the |
| 5 |
family in relation to that civil partnership;”. |
| |
(5) | After Article 2(2A) insert— |
| |
“(2B) | The reference to the former civil partner of the deceased in paragraph |
| |
(2)(aa) includes a reference to a person whose civil partnership with the |
| |
deceased has been annulled as well as a person whose civil partnership |
| 10 |
with the deceased has been dissolved.” |
| |
(6) | In Article 2(3)(b), for “by affinity” substitute “by marriage or civil partnership”. |
| |
(7) | In Article 3A(2) (persons for whose benefit claim for bereavement damages |
| |
| |
(a) | in sub-paragraph (a), after “wife or husband” insert “or civil partner”, |
| 15 |
| |
(b) | in sub-paragraph (b), after “was never married” insert “or a civil |
| |
| |
(8) | In Article 5 (assessment of damages), in paragraph (3A), after “wife” insert “or |
| |
| 20 |
| |
(1) | Any enactment or rule of law relating to the giving of evidence by a spouse |
| |
applies in relation to a civil partner as it applies in relation to the spouse. |
| |
(2) | Subsection (1) is subject to any specific amendment made by or under this Act |
| |
which relates to the giving of evidence by a civil partner. |
| 25 |
(3) | For the avoidance of doubt, in any such amendment, references to a person’s |
| |
civil partner do not include a former civil partner. |
| |
(4) | References in subsections (1) and (2) to giving evidence are to giving evidence |
| |
in any way (whether by supplying information, making discovery, producing |
| |
| 30 |
| |
(a) | which is preserved by Article 22(1) of the Criminal Justice (Evidence) |
| |
(Northern Ireland) Order 2004 (S.I. 2004/1501 (N.I. 10)), and |
| |
(b) | under which in any proceedings evidence of reputation or family |
| |
tradition is admissible for the purpose of proving or disproving the |
| 35 |
| |
| is to be treated as applying in an equivalent way for the purpose of proving or |
| |
disproving the existence of a civil partnership. |
| |
209 | Restriction on publicity of reports of proceedings |
| |
Section 1 of the Matrimonial Causes (Reports) Act (Northern Ireland) 1966 |
| 40 |
(c. 29 (N.I.)) (restriction on publication of reports of proceedings) shall extend |
| |
| |
|
| |
|
| |
|
(a) | for the dissolution or annulment of a civil partnership or for the legal |
| |
separation of civil partners, |
| |
| |
(c) | under Part 8 of Schedule 15, or |
| |
(d) | under Part 10 of Schedule 15 in relation to an order under Part 8 of that |
| 5 |
| |
| |
Civil partnership formed or dissolved abroad etc. |
| |
| |
Registration outside UK under Order in Council |
| 10 |
210 | Registration at British consulates etc. |
| |
(1) | Her Majesty may by Order in Council make provision for two people to |
| |
register as civil partners of each other— |
| |
(a) | in prescribed countries or territories outside the United Kingdom, and |
| |
(b) | in the presence of a prescribed officer of Her Majesty’s Diplomatic |
| 15 |
| |
| in cases where the officer is satisfied that the conditions in subsection (2) are |
| |
| |
(2) | The conditions are that— |
| |
(a) | at least one of the proposed civil partners is a United Kingdom national, |
| 20 |
(b) | the proposed civil partners would have been eligible to register as civil |
| |
partners of each other in such part of the United Kingdom as is |
| |
determined in accordance with the Order, |
| |
(c) | the authorities of the country or territory in which it is proposed that |
| |
they register as civil partners will not object to the registration, and |
| 25 |
(d) | insufficient facilities exist for them to enter into an overseas |
| |
relationship under the law of that country or territory. |
| |
(3) | An officer is not required to allow two people to register as civil partners of |
| |
each other if in his opinion the formation of a civil partnership between them |
| |
would be inconsistent with international law or the comity of nations. |
| 30 |
(4) | An Order in Council under this section may make provision for appeals |
| |
against a refusal, in reliance on subsection (3), to allow two people to register |
| |
as civil partners of each other. |
| |
(5) | An Order in Council under this section may provide that two people who |
| |
register as civil partners of each other under such an Order are to be treated for |
| 35 |
the purposes of sections 221(1)(c)(i) and (2)(c)(i), 222(c), 224(b), 225(1)(c)(i) and |
| |
(3)(c)(i), 229(1)(c)(i) and (2)(c)(i), 230(c) and 232(b) and section 1(3)(c)(i) of the |
| |
Presumption of Death (Scotland) Act 1977 (c. 27) as if they had done so in the |
| |
part of the United Kingdom determined as mentioned in subsection (2)(b). |
| |
211 | Registration by armed forces personnel |
| 40 |
(1) | Her Majesty may by Order in Council make provision for two people to |
| |
register as civil partners of each other— |
| |
|
| |
|
| |
|
(a) | in prescribed countries or territories outside the United Kingdom, and |
| |
(b) | in the presence of an officer appointed by virtue of the Registration of |
| |
Births, Deaths and Marriages (Special Provisions) Act 1957 (c. 58), |
| |
| in cases where the officer is satisfied that the conditions in subsection (2) are |
| |
| 5 |
(2) | The conditions are that— |
| |
(a) | at least one of the proposed civil partners— |
| |
(i) | is a member of a part of Her Majesty’s forces serving in the |
| |
| |
(ii) | is employed in the country or territory in such other capacity as |
| 10 |
| |
(iii) | is a child of a person falling within sub-paragraph (i) or (ii) and |
| |
has his home with that person in that country or territory, |
| |
(b) | the proposed civil partners would have been eligible to register as civil |
| |
partners of each other in such part of the United Kingdom as is |
| 15 |
determined in accordance with the Order, and |
| |
(c) | such other requirements as may be prescribed are complied with. |
| |
(3) | In determining for the purposes of subsection (2) whether one person is the |
| |
child of another, a person who is or was treated by another as a child of the |
| |
| 20 |
(a) | a marriage to which the other is or was a party, or |
| |
(b) | a civil partnership in which the other is or was a civil partner, |
| |
| is to be regarded as the other’s child. |
| |
(4) | An Order in Council under this section may provide that two people who |
| |
register as civil partners of each other under such an Order are to be treated for |
| 25 |
the purposes of section 221(1)(c)(i) and (2)(c)(i), 222(c), 224(b), 225(1)(c)(i) and |
| |
(3)(c)(i), 229(1)(c)(i) and (2)(c)(i), 230(c) and 232(b) and section 1(3)(c)(i) of the |
| |
Presumption of Death (Scotland) Act 1977 (c. 27) as if they had done so in the |
| |
part of the United Kingdom determined in accordance with subsection (2)(b). |
| |
(5) | Any references in this section— |
| 30 |
(a) | to a country or territory outside the United Kingdom, |
| |
(b) | to forces serving in such a country or territory, and |
| |
(c) | to persons employed in such a country or territory, |
| |
| include references to ships which are for the time being in the waters of a |
| |
country or territory outside the United Kingdom, to forces serving in any such |
| 35 |
ship and to persons employed in any such ship. |
| |
| |
Overseas relationships treated as civil partnerships |
| |
212 | Meaning of “overseas relationship” |
| |
(1) | For the purposes of this Act an overseas relationship is a relationship which— |
| 40 |
(a) | is either a specified relationship or a relationship which meets the |
| |
| |
(b) | is registered (whether before or after the passing of this Act) with a |
| |
responsible authority in a country or territory outside the United |
| |
| 45 |
|
| |
|
| |
|
(i) | who under the relevant law are of the same sex at the time when |
| |
| |
(ii) | neither of whom is already a civil partner or lawfully married. |
| |
(2) | In this Chapter, “the relevant law” means the law of the country or territory |
| |
where the relationship is registered (including its rules of private international |
| 5 |
| |
213 | Specified relationships |
| |
(1) | A specified relationship is a relationship which is specified for the purposes of |
| |
section 212 by Schedule 20. |
| |
(2) | The Secretary of State may by order amend Schedule 20 by— |
| 10 |
(a) | adding a relationship, |
| |
(b) | amending the description of a relationship, or |
| |
(c) | omitting a relationship. |
| |
(3) | No order may be made under this section without the consent of the Scottish |
| |
Ministers and the Department of Finance and Personnel. |
| 15 |
(4) | The power to make an order under this section is exercisable by statutory |
| |
| |
(5) | An order which contains any provision (whether alone or with other |
| |
provisions) amending Schedule 20 by— |
| |
(a) | amending the description of a relationship, or |
| 20 |
(b) | omitting a relationship, |
| |
| may not be made unless a draft of the statutory instrument containing the |
| |
order is laid before, and approved by a resolution of, each House of Parliament. |
| |
(6) | A statutory instrument containing any other order under this section is subject |
| |
to annulment in pursuance of a resolution of either House of Parliament. |
| 25 |
214 | The general conditions |
| |
The general conditions are that, under the relevant law— |
| |
(a) | the relationship may not be entered into if either of the parties is |
| |
already a party to a relationship of that kind or lawfully married, |
| |
(b) | the relationship is of indeterminate duration, and |
| 30 |
(c) | the effect of entering into it is that the parties are— |
| |
(i) | treated as a couple either generally or for specified purposes, or |
| |
| |
215 | Overseas relationships treated as civil partnerships: the general rule |
| |
(1) | Two people are to be treated as having formed a civil partnership as a result of |
| 35 |
having registered an overseas relationship if, under the relevant law, they— |
| |
(a) | had capacity to enter into the relationship, and |
| |
(b) | met all requirements necessary to ensure the formal validity of the |
| |
| |
(2) | Subject to subsection (3), the time when they are to be treated as having formed |
| 40 |
the civil partnership is the time when the overseas relationship is registered |
| |
(under the relevant law) as having been entered into. |
| |
|
| |
|
| |
|
(3) | If the overseas relationship is registered (under the relevant law) as having |
| |
been entered into before this section comes into force, the time when they are |
| |
to be treated as having formed a civil partnership is the time when this section |
| |
| |
(4) | This section is subject to sections 216, 217 and 218. |
| 5 |
216 | The same-sex requirement |
| |
(1) | Two people are not to be treated as having formed a civil partnership as a result |
| |
of having registered an overseas relationship if, at the critical time, they were |
| |
not of the same sex under United Kingdom law. |
| |
(2) | But if a full gender recognition certificate is issued under the 2004 Act to a |
| 10 |
person who has registered an overseas relationship which is within subsection |
| |
(4), after the issue of the certificate the relationship is no longer prevented from |
| |
being treated as a civil partnership on the ground that, at the critical time, the |
| |
parties were not of the same sex. |
| |
(3) | However, subsection (2) does not apply to an overseas relationship which is |
| 15 |
within subsection (4) if either of the parties has formed a subsequent civil |
| |
partnership or lawful marriage. |
| |
(4) | An overseas relationship is within this subsection if (and only if), at the time |
| |
mentioned in section 215(2)— |
| |
(a) | one of the parties (“A”) was regarded under the relevant law as having |
| 20 |
changed gender (but was not regarded under United Kingdom law as |
| |
| |
(b) | the other party was (under United Kingdom law) of the gender to |
| |
which A had changed under the relevant law. |
| |
| 25 |
| “the critical time” means the time determined in accordance with section |
| |
215(2) or (as the case may be) (3); |
| |
| “the 2004 Act” means the Gender Recognition Act 2004 (c. 7); |
| |
| “United Kingdom law” means any enactment or rule of law applying in |
| |
England and Wales, Scotland and Northern Ireland. |
| 30 |
(6) | Nothing in this section prevents the exercise of any enforceable Community |
| |
| |
217 | Person domiciled in a part of the United Kingdom |
| |
(1) | Subsection (2) applies if an overseas relationship has been registered by a |
| |
person who was at the time mentioned in section 215(2) domiciled in England |
| 35 |
| |
(2) | The two people concerned are not to be treated as having formed a civil |
| |
partnership if, at the time mentioned in section 215(2)— |
| |
(a) | either of them was under 16, or |
| |
(b) | they would have been within prohibited degrees of relationship under |
| 40 |
Part 1 of Schedule 1 if they had been registering as civil partners of each |
| |
other in England and Wales. |
| |
(3) | Subsection (4) applies if an overseas relationship has been registered by a |
| |
person who at the time mentioned in section 215(2) was domiciled in Scotland. |
| |
|
| |
|
| |
|
(4) | The two people concerned are not to be treated as having formed a civil |
| |
partnership if, at the time mentioned in section 215(2), they were not eligible by |
| |
virtue of paragraph (b), (c) or (e) of section 86(1) to register in Scotland as civil |
| |
| |
(5) | Subsection (6) applies if an overseas relationship has been registered by a |
| 5 |
person who at the time mentioned in section 215(2) was domiciled in Northern |
| |
| |
(6) | The two people concerned are not to be treated as having formed a civil |
| |
partnership if, at the time mentioned in section 215(2)— |
| |
(a) | either of them was under 16, or |
| 10 |
(b) | they would have been within prohibited degrees of relationship under |
| |
Schedule 12 if they had been registering as civil partners of each other |
| |
| |
218 | The public policy exception |
| |
Two people are not to be treated as having formed a civil partnership as a result |
| 15 |
of having entered into an overseas relationship if it would be manifestly |
| |
contrary to public policy to recognise the capacity, under the relevant law, of |
| |
one or both of them to enter into the relationship. |
| |
| |
Dissolution etc.: jurisdiction and recognition |
| 20 |
| |
219 | Power to make provision corresponding to EC Regulation 2201/2003 |
| |
(1) | The Lord Chancellor may by regulations make provision— |
| |
(a) | as to the jurisdiction of courts in England and Wales or Northern |
| |
Ireland in proceedings for the dissolution or annulment of a civil |
| 25 |
partnership or for legal separation of the civil partners in cases where a |
| |
| |
(i) | is or has been habitually resident in a member State, |
| |
(ii) | is a national of a member State, or |
| |
(iii) | is domiciled in a part of the United Kingdom or the Republic of |
| 30 |
| |
(b) | as to the recognition in England and Wales or Northern Ireland of any |
| |
judgment of a court of another member State which orders the |
| |
dissolution or annulment of a civil partnership or the legal separation |
| |
| 35 |
(2) | The Scottish Ministers may by regulations make provision— |
| |
(a) | as to the jurisdiction of courts in Scotland in proceedings for the |
| |
dissolution or annulment of a civil partnership or for legal separation |
| |
of the civil partners in such cases as are mentioned in subsection (1)(a), |
| |
| 40 |
(b) | as to the recognition in Scotland of any such judgment as is mentioned |
| |
| |
|
| |
|