Civil Partnership Bill [HL]

House of Lords

Session 2003 - 04
Internet Publications
Other Bills before Parliament

Civil Partnership Bill [HL]

Civil Partnership Bill [HL]
Schedule 3 — Registration by former spouses one of whom has changed sex
105

(a)
if a child and another person intend to register as civil partners of
each other under the special procedure, and
(b)
the consent of any person (“A”) is required to the child registering as
the civil partner of that person.
      (2)
The person giving the notice (under section 21) of proposed civil partnership
5
to the registration authority must produce to the authority such evidence as
the Registrar General may require to satisfy him that A’s consent has in fact
been given.
      (3)
The power to require evidence under sub-paragraph (2) is in addition to the
power to require evidence under section 22.
10
Forbidding proposed civil partnership
12    (1)
Paragraph 6 applies in relation to the special procedure as if any reference to
forbidding the issue of a civil partnership schedule were a reference to
forbidding the Registrar General to give authority for the issue of his licence.
      (2)
The duty of the Registrar General under section 25(3)(b) to give authority for
15
the issue of his licence does not apply if he has been forbidden to do so by
virtue of sub-paragraph (1).
Part 4
Provisions relating to the court
13    (1)
For the purposes of Parts 2 and 3 of this Schedule, “the court” means—
20
(a)
the High Court,
(b)
the county court of the district in which any applicant or respondent
resides, or
(c)
a magistrates’ court acting in the local justice area in which any
applicant or respondent resides.
25
      (2)
Rules of court may be made for enabling applications under Parts 2 or 3 of
this Schedule—
(a)
if made to the High Court, to be heard in chambers;
(b)
if made to the county court, to be heard and determined by the
district judge subject to appeal to the judge;
30
(c)
if made to a magistrates’ court, to be heard and determined
otherwise than in open court.
      (3)
Rules of court must provide that, where an application is made in
consequence of a refusal to give consent, notice of the application is to be
served on the person who has refused consent.
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Schedule 3
Section 5

Registration by former spouses one of whom has changed sex
Application of Schedule
1
This Schedule applies if—
(a)
a court—
40

Civil Partnership Bill [HL]
Schedule 3 — Registration by former spouses one of whom has changed sex
106

(i)
makes absolute a decree of nullity granted on the ground that
an interim gender recognition certificate has been issued to a
party to the marriage, or
(ii)
(in Scotland) grants a decree of divorce on that ground,

and, on doing so, issues a full gender recognition certificate (under
5
section 5(1) of the Gender Recognition Act 2004) to that party, and
(b)
the parties wish to register in England or Wales as civil partners of
each other without being delayed by the waiting period.
The relevant period
2
For the purposes of this Schedule the relevant period is the period—
10
(a)
beginning with the issue of the full gender recognition certificate,
and
(b)
ending at the end of 1 month from the day on which it is issued.
Modifications of standard procedure and procedures for house-bound and detained persons
3     (1)
If—
15
(a)
each of the parties gives a notice of proposed civil partnership during
the relevant period, and
(b)
on doing so, each makes an election under this paragraph,

Chapter 1 of Part 2 applies with the modifications given in paragraphs 4 to 6.
4     (1)
Omit—
20
(a)
section 10 (proposed civil partnerships to be publicised);
(b)
section 11 (meaning of “the waiting period”);
(c)
section 12 (power to shorten the waiting period).
      (2)
In section 14 (issue of civil partnership schedule), for subsection (1)
substitute—
25
“(1)
As soon as the notices of proposed civil partnership have been given,
the registration authority in whose area it is proposed that the
registration take place must, at the request of one or both of the
proposed civil partners, issue a document to be known as a “civil
partnership schedule”.”
30
      (3)
For section 17 (period during which registration may take place)
substitute—
“17
Period during which registration may take place
(1)
The proposed civil partners may register as civil partners by signing
the civil partnership schedule at any time during the applicable
35
period.
(2)
If they do not register as civil partners by signing the civil
partnership schedule before the end of the applicable period—
(a)
the notices of proposed civil partnership and the civil
partnership schedule are void, and
40
(b)
no civil partnership registrar may officiate at the signing of
the civil partnership schedule by them.
(3)
The applicable period, in relation to two people registering as civil
partners of each other, is the period of 1 month beginning with—

Civil Partnership Bill [HL]
Schedule 3 — Registration by former spouses one of whom has changed sex
107

(a)
the day on which the notices of proposed civil partnership
are given, or
(b)
if the notices are not given on the same day, the earlier of
those days.”
5
In section 18 (house-bound persons), in subsection (3)—
5
(a)
treat the reference to the standard procedure as a reference to the
standard procedure as modified by this Schedule, and
(b)
omit paragraph (c) (which provides for a 3 month registration
period).
6
In section 19 (detained persons), in subsection (3)—
10
(a)
treat the reference to the standard procedure as a reference to the
standard procedure as modified by this Schedule, and
(b)
omit paragraph (c) (which provides for a 3 month registration
period).
Modified procedures for certain non-residents
15
7     (1)
Sub-paragraph (5) applies where not only does this Schedule apply but the
case is also one of the following three.
      (2)
The first is where—
(a)
two people wish to register as civil partners of each other in England
and Wales, and
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(b)
one of them (“A”) resides in Scotland and the other (“B”) resides in
England or Wales.
      (3)
The second is where—
(a)
two people wish to register as civil partners of each other in England
and Wales, and
25
(b)
one of them (“A”) resides in Northern Ireland and the other (“B”)
resides in England or Wales.
      (4)
The third is where—
(a)
two people wish to register as civil partners of each other in England
and Wales, and
30
(b)
one of them (“A”) is a member of Her Majesty’s forces who is serving
outside the United Kingdom and the other (“B”) resides in England
or Wales.
      (5)
A is not required to give a notice of proposed civil partnership to a
registration authority in England or Wales in order to register in England or
35
Wales as B’s civil partner.
      (6)
B may give a notice of proposed civil partnership and make the necessary
declaration without regard to the requirement that would otherwise apply
that A must reside in England or Wales.
      (7)
If, on giving such notice, B makes an election under this paragraph, Chapter
40
1 of Part 2 applies with the modifications given in paragraphs 4 to 6 and the
further modifications in sub-paragraph (8).
      (8)
The further modifications are that—
(a)
the civil partnership schedule is not to be issued by a registration
authority unless A or B produces to that registration authority a
45
certificate of no impediment issued to A under the relevant
provision;

Civil Partnership Bill [HL]
Schedule 4 — Wills, administration of estates and family provision
Part 1 — Wills
108

(b)
the applicable period is calculated by reference to the day on which
B’s notice is given.
      (9)
“The relevant provision” means—
(a)
if A resides in Scotland, section 93;
(b)
if A resides in Northern Ireland, section 140;
5
(c)
if A is a member of Her Majesty’s forces who is serving outside the
United Kingdom, section 174.
     (10)
“Her Majesty’s forces” has the same meaning as in the Army Act 1955
(3 & 4 Eliz. 2 c. 18).
Schedule 4
10
Section 68

Wills, administration of estates and family provision
Part 1
Wills
1
Amend the Wills Act 1837 (c. 26) as follows.
2
After section 18A insert—
15
“18B
Will to be revoked by civil partnership
(1)
Subject to subsections (2) to (6), a will is revoked by the formation of
a civil partnership between the testator and another person.
(2)
A disposition in a will in exercise of a power of appointment takes
effect despite the formation of a subsequent civil partnership
20
between the testator and another person unless the property so
appointed would in default of appointment pass to the testator’s
personal representatives.
(3)
If it appears from a will—
(a)
that at the time it was made the testator was expecting to
25
form a civil partnership with a particular person, and
(b)
that he intended that the will should not be revoked by the
formation of the civil partnership,

the will is not revoked by its formation.
(4)
Subsections (5) and (6) apply if it appears from a will—
30
(a)
that at the time it was made the testator was expecting to
form a civil partnership with a particular person, and
(b)
that he intended that a disposition in the will should not be
revoked by the formation of the civil partnership.
(5)
The disposition takes effect despite the formation of the civil
35
partnership.
(6)
Any other disposition in the will also takes effect, unless it appears
from the will that the testator intended the disposition to be revoked
by the formation of the civil partnership.