Civil Partnership Bill [HL] (Volume I)
[AS AMENDED IN STANDING COMMITTEE D]
The Bill is divided into two Volumes. Volume I contains the Clauses. Volume II
contains the Schedules to the Bill.
Contents
Part 1
Introduction
1
Civil partnership
Part 2
Civil partnership: England and Wales
Chapter 1
Registration
Formation, eligibility and parental etc. consent
2
Formation of civil partnership by registration
3
Eligibility
4
Parental etc. consent where proposed civil partner under 18
Registration procedure: general
5
Types of pre-registration procedure
6
Place of registration
7
The civil partnership document
The standard procedure
8
Notice of proposed civil partnership and declaration
9
Power to require evidence of name etc.
10
Proposed civil partnership to be publicised
11
Meaning of “the waiting period”
12
Power to shorten the waiting period
13
Objection to proposed civil partnership
14
Issue of civil partnership schedule
15
Appeal against refusal to issue civil partnership schedule
16
Frivolous objections and representations: liability for costs etc.
17
Period during which registration may take place
ii
The procedures for house-bound and detained persons
18
House-bound persons
19
Detained persons
Modified procedures for certain non-residents
20
The special procedure
21
Notice of proposed civil partnership
22
Evidence to be produced
23
Application to be reported to Registrar General
24
Objection to issue of Registrar General’s licence
25
Issue of Registrar General’s licence
26
Frivolous objections: liability for costs
27
Supplementary
28
Registration authorities
29
Civil partnership registrars
30
The Registrar General and the register
31
Offences relating to civil partnership schedule
32
Offences relating to Registrar General’s licence
33
Offences relating to the recording of civil partnerships
34
Fees
35
Power to assimilate provisions relating to civil registration
36
Regulations and orders
Chapter 2
Dissolution, nullity and other proceedings
37
Powers to make orders and effect of orders
38
The period before conditional orders may be made final
39
Intervention of the Queen’s Proctor
40
Proceedings before order has been made final
41
Time bar on applications for dissolution orders
42
Attempts at reconciliation of civil partners
43
Consideration by the court of certain agreements or arrangements
Dissolution of civil partnership
44
Dissolution of civil partnership which has broken down irretrievably
45
Supplemental provisions as to facts raising presumption of breakdown
46
Dissolution order not precluded by previous separation order etc.
47
Refusal of dissolution in 5 year separation cases on grounds of grave hardship
48
Proceedings before order made final: protection for respondent in separation
cases
iii
Nullity
49
Grounds on which civil partnership is void
50
Grounds on which civil partnership is voidable
51
Bars to relief where civil partnership is voidable
52
Proof of certain matters not necessary to validity of civil partnership
53
Power to validate civil partnership
54
Validity of civil partnerships registered outside England and Wales
Presumption of death orders
55
Separation orders
56
57
Effect of separation order
Declarations
58
59
General provisions as to making and effect of declarations
60
The Attorney General and proceedings for declarations
61
Supplementary provisions as to declarations
General provisions
62
Relief for respondent in dissolution proceedings
63
Restrictions on making of orders affecting children
64
Parties to proceedings under this Chapter
Chapter 3
Property and financial arrangements
65
Contribution by civil partner to property improvement
66
Disputes between civil partners about property
67
Applications under section 66 where property not in possession etc.
68
Applications under section 66 by former civil partners
69
Actions in tort between civil partners
70
Assurance policy by civil partner for benefit of other civil partner etc.
71
Wills, administration of estates and family provision
72
Financial relief for civil partners and children of family
Chapter 4
Civil partnership agreements
73
Civil partnership agreements unenforceable
74
Property where civil partnership agreement is terminated
iv
Chapter 5
Children
75
Parental responsibility, children of the family and relatives
76
Guardianship
77
Entitlement to apply for residence or contact order
78
Financial provision for children
79
Adoption
Chapter 6
Miscellaneous
80
False statements etc. with reference to civil partnerships
81
Housing and tenancies
82
Family homes and domestic violence
83
Fatal accidents claims
84
Evidence
Part 3
Civil partnership: Scotland
Formation and eligibility
85
86
87
Appointment of authorised registrars
88
89
Civil partnership notice book
90
Publicisation
91
Early registration
92
Objections to registration
93
94
The civil partnership schedule
95
Further provision as to registration
96
Civil partnership with former spouse
97
Certificates of no impediment for Part 2 purposes
98
Application of certain sections of 1965 Act to civil partnership register
99
Correction of errors in civil partnership register
100
Offences
v
Occupancy rights and tenancies
Occupancy rights
101
102
Occupancy: subsidiary and consequential rights
103
Regulation by court of rights of occupancy of family home
104
Exclusion orders
105
Duration of orders under sections 103 and 104
106
Continued exercise of occupancy rights after dealing
107
Dispensation with civil partner’s consent to dealing
108
Interests of heritable creditors
109
Provisions where both civil partners have title
110
Rights of occupancy in relation to division and sale
111
Adjudication
Transfer of tenancy
112
Interdicts
113
Civil partners: competency of interdict
114
Attachment of powers of arrest to relevant interdicts
115
Police powers after arrest
116
Procedure after arrest
Dissolution, separation and nullity
Dissolution and separation
117
Dissolution
118
Encouragement of reconciliation
119
Effect of resumption of cohabitation
120
Separation
121
Dissolution following on decree of separation
122
Registration of dissolution of civil partnership
123
124
Validity of civil partnerships registered outside Scotland
Financial provision after overseas proceedings
125
Financial provision after overseas dissolution or annulment
vi
Miscellaneous and interpretation
126
Regulations
127
Attachment
128
Promise or agreement to enter into civil partnership
129
Lord Advocate as party to action for nullity or dissolution of civil partnership
130
Civil partner of accused a competent witness
131
Succession: legal rights arising by virtue of civil partnership
132
Assurance policies
133
Council Tax: liability of civil partners
134
General provisions as to fees
Interpretation
135
Interpretation of this Part
136
The expression “relative” in the 1965 Act
Part 4
Civil partnership: Northern Ireland
137
138
Preliminaries to registration
139
140
Civil partnership notice book and list of intended civil partnerships
141
142
Objections
143
Civil partnership schedule
144
Young persons
145
146
Validity of registration
147
Corrections and cancellations
148
Interpreters
149
150
vii
151
Registration districts and registration authorities
152
Registrars and other staff
153
Records and documents to be sent to Registrar General
154
Annual report
155
Searches
156
Proof of civil partnership for purposes of certain statutory provisions
157
158
159
160
161
162
163
Intervention by the Crown Solicitor
164
165
166
167
168
169
170
171
Refusal of dissolution in 5 year separation cases on ground of grave hardship
172
173
174
175
176
177
Validity of civil partnerships registered outside Northern Ireland
178
179
180
181