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 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”.
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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.
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(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.
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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).