|
| |
| |
(a) | amend or repeal any enactment contained in an Act passed on or before |
| |
the last day of the Session in which this Act is passed, including an |
| |
enactment conferring power to make subordinate legislation where the |
| |
power is limited by reference to persons who are or have been parties |
| |
| 5 |
(b) | amend, repeal or (as the case may be) revoke any Church legislation. |
| |
(4) | An order under subsection (1) may— |
| |
(a) | provide for any provision of this Act which comes into force before |
| |
another such provision has come into force to have effect, until that |
| |
other provision has come into force, with such modifications as are |
| 10 |
| |
(b) | amend or revoke any subordinate legislation. |
| |
(5) | The power to make an order under subsection (1) is not restricted by any other |
| |
| |
(6) | The power to make an order under subsection (1) is exercisable by statutory |
| 15 |
| |
(7) | An order under subsection (1) which contains any provision (whether alone or |
| |
with other provisions) made by virtue of subsection (3) may not be made— |
| |
(a) | by a Minister of the Crown, unless a draft of the statutory instrument |
| |
containing the order has been laid before, and approved by a resolution |
| 20 |
of, each House of Parliament; |
| |
(b) | by the Scottish Ministers, unless a draft of the statutory instrument |
| |
containing the order has been laid before, and approved by a resolution |
| |
of, the Scottish Parliament. |
| |
(8) | A statutory instrument containing an order under subsection (1) to which |
| 25 |
subsection (7) does not apply— |
| |
(a) | if made by a Minister of the Crown, is subject to annulment in |
| |
pursuance of a resolution of either House of Parliament; |
| |
(b) | if made by the Scottish Ministers, is subject to annulment in pursuance |
| |
of a resolution of the Scottish Parliament. |
| 30 |
| |
| “Act” includes an Act of the Scottish Parliament; |
| |
| “Church legislation” has the same meaning as in section 187; |
| |
| “Minister of the Crown” has the same meaning as in the Ministers of the |
| |
| 35 |
| “relevant Scottish provision” means a provision that would be within the |
| |
legislative competence of the Scottish Parliament if it were included in |
| |
an Act of that Parliament; |
| |
| “subordinate legislation” has the same meaning as in the Interpretation |
| |
Act 1978 (c. 30) except that it includes any instrument made under an |
| 40 |
Act of the Scottish Parliament. |
| |
192 | Community obligations and civil partners |
| |
(1) | Subsection (2) applies where regulations under section 2(2) of the European |
| |
Communities Act 1972 (c. 68) (general implementation of Treaties) make |
| |
provision for the purpose of implementing, or for a purpose concerning, a |
| 45 |
Community obligation of the United Kingdom which relates to persons who |
| |
are or have been parties to a marriage. |
| |
| |
| |
|
| |
| |
(2) | A Minister of the Crown may by regulations make provision in relation to |
| |
persons who are or have been civil partners in a civil partnership that is the |
| |
same or similar to the provision made by the regulations under section 2(2) of |
| |
the 1972 Act in relation to persons who are or have been parties to a marriage. |
| |
(3) | “Marriage” and “civil partnership” include a void marriage and a void civil |
| 5 |
partnership respectively. |
| |
(4) | The power to make regulations under subsection (2) is also exercisable by the |
| |
Scottish Ministers, in relation to a relevant Scottish provision. |
| |
(5) | The power to make regulations under subsection (2) is exercisable by statutory |
| |
| 10 |
(6) | A statutory instrument containing regulations under subsection (2)— |
| |
(a) | if made by a Minister of the Crown without a draft having been |
| |
approved by a resolution of each House of Parliament, is subject to |
| |
annulment in pursuance of a resolution of either House; |
| |
(b) | if made by the Scottish Ministers without a draft having been approved |
| 15 |
by a resolution of the Scottish Parliament, is subject to annulment in |
| |
pursuance of a resolution of the Scottish Parliament. |
| |
| |
| “Minister of the Crown” has the same meaning as in the Ministers of the |
| |
| 20 |
| “relevant Scottish provision” means a provision that would be within the |
| |
legislative competence of the Scottish Parliament if it were included in |
| |
an Act of that Parliament. |
| |
193 | Minor and consequential amendments and repeals |
| |
(1) | Schedule 20 contains minor and consequential amendments. |
| 25 |
(2) | Schedule 21 contains consequential amendments of enactments relating to |
| |
| |
(3) | Schedule 22 contains repeals. |
| |
| |
(1) | Part 2 (civil partnerships: England and Wales), including Schedules 1 to 9, |
| 30 |
extends to England and Wales only. |
| |
(2) | Part 3 (civil partnerships: Scotland), including Schedules 10 and 11, extends to |
| |
| |
(3) | Part 4 (civil partnerships: Northern Ireland), including Schedules 12 and 13, |
| |
extends to Northern Ireland only. |
| 35 |
(4) | In Part 5 (civil partnerships formed or dissolved abroad etc.)— |
| |
(a) | sections 160 to 164 extend to England and Wales only; |
| |
(b) | sections 165 to 167 extend to Scotland only. |
| |
| |
(a) | any amendment made by virtue of section 182(1)(a) and Schedule 15 |
| 40 |
has the same extent as the provision subject to the amendment; |
| |
(b) | section 183 and Schedule 16 extend to Northern Ireland only. |
| |
| |
| |
|
| |
| |
(6) | Section 184 extends to England and Wales and Scotland only. |
| |
(7) | Schedule 21 extends to Scotland only. |
| |
(8) | Any amendment or repeal made by Schedules 17 to 20 and 22 has the same |
| |
extent as the provision subject to the amendment or repeal. |
| |
| 5 |
| |
provision made by order by the Secretary of State. |
| |
(2) | Part 3, including Schedules 10 and 11, comes into force in accordance with |
| |
provision made by order by the Scottish Ministers, after consulting the |
| |
| 10 |
(3) | Part 4, including Schedules 12 and 13, comes into force in accordance with |
| |
provision made by order by the Department of Finance and Personnel, after |
| |
consulting the Secretary of State. |
| |
(4) | Part 5, excluding section 153(2) to (6) but including Schedule 14, comes into |
| |
force in accordance with provision made by order by the Secretary of State, |
| 15 |
after consulting the Scottish Ministers and the Department of Finance and |
| |
| |
(5) | Section 153(2) to (6) comes into force on the day on which this Act is passed. |
| |
| |
(a) | sections 181 and 182(1) and Schedule 15 come into force in accordance |
| 20 |
with provision made by order by the Secretary of State, after consulting |
| |
the Scottish Ministers and the Department of Finance and Personnel, |
| |
(b) | section 183(1) and Schedule 16 come into force in accordance with |
| |
provision made by order by the Department of Finance and Personnel, |
| |
after consulting the Secretary of State, and |
| 25 |
(c) | sections 182(2) to (7) and 183(2) to (5) come into force on the day on |
| |
which this Act is passed. |
| |
| |
| |
in accordance with provision made by order by the Secretary of State, |
| 30 |
(b) | section 186(1) and Schedule 17 come into force in accordance with |
| |
provision made by order by the Secretary of State, after consulting the |
| |
Department of Finance and Personnel, and |
| |
(c) | sections 186(2) to (4) and 187 come into force on the day on which this |
| |
| 35 |
| |
| |
force on the day on which this Act is passed, |
| |
(b) | section 193(1) and Schedule 20 and, except so far as relating to any Acts |
| |
of the Scottish Parliament, section 193(3) and Schedule 22 come into |
| 40 |
force in accordance with provision made by order by the Secretary of |
| |
| |
(c) | section 193(2) and Schedule 21 and, so far as relating to any Acts of the |
| |
Scottish Parliament, section 193(3) and Schedule 22 come into force in |
| |
| |
| |
