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Civil Partnership Bill [HL]


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

99

 

(2)   

After paragraph (1) insert—

“(1A)   

Any person who—

(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

to civil partnerships—

(i)   

makes a statement as to any information which is

required to be registered under Part 4 or 5 of the Civil

Partnership Act 2004; or

(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,

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knowing the representation to be false,

   

shall be guilty of an offence.

(1B)   

The documents are–

(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

Partnership Act 2004.”

(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.

18)) as follows.

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;”.

 

 

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

100

 

(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

may be made)—

(a)   

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

15

and

(b)   

in sub-paragraph (b), after “was never married” insert “or a civil

partner”.

(8)   

In Article 5 (assessment of damages), in paragraph (3A), after “wife” insert “or

civil partner”.

20

208     

Evidence

(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

documents or otherwise).

30

(5)   

Any rule of law—

(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

existence of a marriage,

   

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

to proceedings

 

 

Civil Partnership Bill [HL]
Part 5 — Civil partnership formed or dissolved abroad etc.
Chapter 1 — Registration outside UK under Order in Council

101

 

(a)   

for the dissolution or annulment of a civil partnership or for the legal

separation of civil partners,

(b)   

under section 181,

(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

Schedule.

Part 5

Civil partnership formed or dissolved abroad etc.

Chapter 1

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

Service,

   

in cases where the officer is satisfied that the conditions in subsection (2) are

met.

(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—

 

 

Civil Partnership Bill [HL]
Part 5 — Civil partnership formed or dissolved abroad etc.
Chapter 2 — Overseas relationships treated as civil partnerships

102

 

(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

met.

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

country or territory,

(ii)   

is employed in the country or territory in such other capacity as

10

may be prescribed, or

(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

family in relation to—

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.

Chapter 2

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

general conditions, and

(b)   

is registered (whether before or after the passing of this Act) with a

responsible authority in a country or territory outside the United

Kingdom, by two people—

45

 

 

Civil Partnership Bill [HL]
Part 5 — Civil partnership formed or dissolved abroad etc.
Chapter 2 — Overseas relationships treated as civil partnerships

103

 

(i)   

who under the relevant law are of the same sex at the time when

they do so, and

(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

law).

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

instrument.

(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

(ii)   

treated as married.

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

relationship.

(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.

 

 

Civil Partnership Bill [HL]
Part 5 — Civil partnership formed or dissolved abroad etc.
Chapter 2 — Overseas relationships treated as civil partnerships

104

 

(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

comes into force.

(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

having done so), and

(b)   

the other party was (under United Kingdom law) of the gender to

which A had changed under the relevant law.

(5)   

In this section—

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

right.

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

and Wales.

(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.

 

 

Civil Partnership Bill [HL]
Part 5 — Civil partnership formed or dissolved abroad etc.
Chapter 3 — Dissolution etc.: jurisdiction and recognition

105

 

(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

partners of each other.

(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

Ireland.

(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

in Northern Ireland.

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.

Chapter 3

Dissolution etc.: jurisdiction and recognition

20

Introduction

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

civil partner—

(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

Ireland, and

(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

of the civil partners.

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),

and

40

(b)   

as to the recognition in Scotland of any such judgment as is mentioned

in subsection (1)(b).

 

 

 
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