NOTICES OF AMENDMENTS
given up to and including
Friday 5th November 2004
New Amendments handed in are marked thus *
CONSIDERATION OF BILL
CIVIL PARTNERSHIP BILL [LORDS]
NEW CLAUSES
Categories of civil partners other than same sex couples
Mr Edward Leigh
Mr Gerald Howarth
NC1
To move the following Clause:—
'(1) Two siblings, both of whom are aged over thirty years, shall be eligible to register as civil partners provided that they have lived together for a continuous period of twelve years immediately prior to the date of registration.
(2) In this section "sibling" means a brother, sister, half-brother or half-sister.
(3) Chapter 2 of Part 2, Chapter 5 of Part 3 and Chapter 2 of Part 4 shall not apply to civil partnerships formed by virtue of this section.
(4) Section [Termination of civil partnerships other than same sex couples] shall apply to civil partnerships formed by virtue of this section.'.
Termination of civil partnerships other than same sex couples
Mr Edward Leigh
Mr Christopher Chope
Mr Greg Knight
Mr Desmond Swayne
Mr Gerald Howarth
NC2
To move the following Clause:—
'(1) An application for a dissolution order may be made to the court by either civil partner.
(2) On an application for a dissolution order, if the court is satisfied that—
| (a) | the application is made in the correct form, and |
| (b) | the other civil partner has been served with notice of the application, |
it shall make a dissolution order.
(3) Provision may be made by order specifying the requirements as to form and service of the application for a dissolution order.
(4) No order may be made under subsection (3) unless a draft of the statutory instrument containing the order has been laid before, and approved by a resolution of, each House of Parliament.'.
Categories of civil partners other than same sex couples (No. 2)
Mr Christopher Chope
Mr Greg Knight
Mr Desmond Swayne
NC3
To move the following Clause:—
'(1) Two persons both of whom are aged over eighteen years shall be eligible to register as civil partners provided that they are in a relationship which meets the condition set out in subsection (2).
(2) The condition is that the relationship is one which is specified for the purposes of this section by Schedule [Meaning of specified relationship for the purposes of section [Categories of civil partners other than same sex couples (No. 2)]].
(3) The Secretary of State may by order amend Schedule [Meaning of specified relationship for the purposes of section [Categories of civil partners other than same sex couples (No. 2)]] by—
| (a) | adding a relationship, |
| (b) | amending the description of a relationship, or |
| (c) | omitting a relationship. |
(4) No order may be made under this section without the consent of the Scottish Ministers and the Department of Finance and Personnel.
(5) The power to make an order under this section is exercisable by statutory instrument.
(6) An order which contains any provision (whether alone or with other provisions) amending Schedule [Meaning of specified relationship for the purposes of section [Categories of civil partners other than same sex couples (No. 2)]] by—
| (a) | amending the description of a relationship, or |
| (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.
(7) A statutory instrument containing any other order under this section is subject to annulment in pursuance of a resolution of either House of Parliament.
(8) Chaper 2 of Part 2, Chapter 5 of Part 3 and Chapter 2 of Part 4 shall not apply to civil partnerships formed by virtue of this section.
(9) Section [Termination of civil partnerships orther than same sex couples] shall apply to civil partnerships formed by virtue of this section.'.
Appeal against refusal of registration authority to find lawful impediment
Mr Christoper Chope
Mr Greg Knight
Mr Desmond Swayne
NC4
To move the following Clause:—
'(1) If the registration authority has refused to uphold an objection to a proposed civil partnership the person who made the objection may within 7 days appeal to the Registrar General.
(2) On an appeal under this section the Registrar General must either uphold the appeal or direct that a civil partnership schedule be issued.'.
Mr Christopher Chope
Mr Greg Knight
Mr Desmond Swayne
13
Page 1, line 4 [Clause 1], leave out 'of the same sex'.
Mr Edward Leigh
Mr Gerald Howarth
1
Page 1, line 4 [Clause 1], after 'relationship', insert 'between two siblings who fall within the scope of section [Categories of civil partners other than same sex couples] or'.
Mr Christopher Chope
Mr Greg Knight
Mr Desmond Swayne
12
Page 1, line 4 [Clause 1], after 'relationship', insert 'between two people who fall within the scope of section [Categories of civil partners other than same sex couples (No. 2)] or'.
Mr Jeffrey Donaldson
The Reverend Ian Paisley
Mr Peter Robinson
Mr Nigel Dodds
Mr Gregory Campbell
Mrs Iris Robinson
29
Page 1, line 9 [Clause 1], after '4)', insert '(subject to section 263(4))'.
Mr Christopher Chope
Mr Greg Knight
Mr Desmond Swayne
17
Page 1, line 18 [Clause 1], after 'death,', insert 'marriage,'.
Mr Edward Leigh
Mr Gerald Howarth
2
Page 2, line 33 [Clause 3], at beginning insert 'Subject to subsection (1A),'.
Mr Christopher Chope
Mr Greg Knight
Mr Desmond Swayne
14
Page 2, line 34 [Clause 3], leave out paragraph (a).
Mr Christopher Chope
Mr Greg Knight
Mr Desmond Swayne
15
Page 2, line 35 [Clause 3], at end insert 'or'.
Mr Christopher Chope
Mr Greg Knight
Mr Desmond Swayne
16
Page 2, line 36 [Clause 3], leave out from '16' to end of line 37.
Mr Edward Leigh
Mr Gerald Howarth
3
Page 2, line 37 [Clause 3], at end insert—
'(1A) Subsection 1(a) and (d) shall not apply in the case of two people who wish to register as civil partners under section [Categories of civil partners other than same sex couples].'.
Ms Secretary Hewitt
21
Page 3, line 38 [Clause 6], leave out from 'means' to end of line 40 and insert 'premises which—
| (a) | are used solely or mainly for religious purposes, or |
| (b) | have been so used and have not subsequently been used solely or mainly for other purposes.'. |
Mr Edward Leigh
Mr Gerald Howarth
4
Page 16, line 20 [Clause 36], at end insert—
'( ) with respect to determining whether two people have lived together for the period of twelve years specified in section [Categories of civil partners other than same sex couples];'.
Mr Christopher Chope
Mr Greg Knight
Mr Desmond Swayne
11
Page 24, line 22 [Clause 49], at end insert ', or
| (d) | the necessary declaration under section 8 includes a false statement relating to the qualifying condition under Schedule 23.'. |
Mr Edward Leigh
Mr Gerald Howarth
5
Page 39, line 33 [Clause 86], at beginning insert 'Subject to subsection (1A)'.
Mr Edward Leigh
Mr Gerald Howarth
6
Page 39, line 41 [Clause 86], at end insert—
'(1A) Subsection 1(a) and (b) shall not apply in the case of two people who wish to register as civil partners under section [Categories of civil partners other than same sex couples];'.
Ms Secretary Hewitt
Mrs Anne McGuire
22
Page 44, line 7 [Clause 93], at end insert—
'( ) The place of registration may, if the approval of the Registrar General is obtained, be outwith the district of the authorised registrar carrying out the registration.'.
Ms Secretary Hewitt
Mrs Anne McGuire
23
Page 44, line 8 [Clause 93], leave out from 'be' to end of line 10 and insert 'in religious premises, that is to say in premises which—
| (a) | are used solely or mainly for religious purposes, or |
| (b) | have been so used and have not subsequently been used solely or mainly for other purposes.'. |
Ms Secretary Hewitt
Mrs Anne McGuire
24
Page 44, line 12 [Clause 93], leave out '; and "known" means known to the local registration authority'.
Mr Edward Leigh
Mr Gerald Howarth
7
Page 65, line 10 [Clause 126], at end insert—
'( ) Regulations may in particular make provision with respect to determining whether two people have lived together for the period of twelve years specified in section [Categories of civil partners other than same sex couples]'.
