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Amendments to the Civil Partnership Bill [HL]

Civil Partnership Bill [HL]


FIFTH
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN GRAND COMMITTEE

      The amendments have been marshalled in accordance with the Instruction of 6th May 2004, as follows—

Clauses 162 to 182
Schedule 15
Clause 183
Schedule 16
Clauses 184 to 186
Schedule 17
Clauses 187 and 188
Schedule 18
Clause 189
Schedule 19
Clauses 190 to 193
Schedules 20 to 22
Clauses 194 to 196

[Amendments marked * are new or have been altered]

Amendment
No.

 

Clause 162

 

THE BARONESS SCOTLAND OF ASTHAL

65CPage 79, line 19, leave out "the applicant"
65DPage 79, line 20, at beginning insert "the applicant"
65EPage 79, line 21, omit "or"
65FPage 79, line 22, at beginning insert "the applicant"
65GPage 79, line 23, at end insert ", or
(c)  the two people concerned registered as civil partners of each other in England and Wales and it appears to the court to be in the interests of justice to assume jurisdiction in the case."
 

Clause 164

 

THE BARONESS SCOTLAND OF ASTHAL

65HPage 79, line 38, leave out from "if)" to end of line 45 and insert "—
(aa)  either of the civil partners in the civil partnership to which the application relates—
(i)  is domiciled in England and Wales on the date of the application,
(ii)  has been habitually resident in England and Wales throughout the period of 1 year ending with that date, or
(iii)  died before that date and either was at death domiciled in England and Wales or had been habitually resident in England and Wales throughout the period of 1 year ending with the date of death, or
(ab)  the two people concerned registered as civil partners of each other in England and Wales and it appears to the court to be in the interests of justice to assume jurisdiction in the case."
 

Clause 165

 

THE BARONESS SCOTLAND OF ASTHAL
THE LORD EVANS OF TEMPLE GUITING

65JPage 80, line 33, at end insert ", or
(c)  the following conditions are met—
(i)  the two people concerned registered as civil partners of each other in Scotland,
(ii)  no court has, or is recognised as having, jurisdiction under section 159 regulations, and
(iii)  it appears to the court to be in the interests of justice to assume jurisdiction in the case."
65KPage 80, line 37, at end insert "(but only where the court is the Court of Session)"
 

After Clause 167

 

THE BARONESS SCOTLAND OF ASTHAL

65LInsert the following new Clause—
  "Meaning of "the court"
  In sections (Proceedings for dissolution, separation or nullity order) to (Applications for declarations as to validity etc.) "the court" means—
(a)  the High Court, or
(b)  if a county court has jurisdiction by virtue of Part 4, a county court."
65MInsert the following new Clause—
  "Proceedings for dissolution, separation or nullity order
(1)  The court has jurisdiction to entertain proceedings for a dissolution order or a separation order if (and only if)—
(a)  the court has jurisdiction under section 159 regulations,
(b)  no court has, or is recognised as having, jurisdiction under section 159 regulations and either civil partner is domiciled in Northern Ireland on the date when the proceedings are begun, or
(c)  the following conditions are met—
(i)  the two people concerned registered as civil partners of each other in Northern Ireland,
(ii)  no court has, or is recognised as having, jurisdiction under section 159 regulations, and
(iii)  it appears to the court to be in the interests of justice to assume jurisdiction in the case.
(2)  The court has jurisdiction to entertain proceedings for a nullity order if (and only if)—
(a)  the court has jurisdiction under section 159 regulations,
(b)  no court has, or is recognised as having, jurisdiction under section 159 regulations and either civil partner—
(i)  is domiciled in Northern Ireland on the date when the proceedings are begun, or
(ii)  died before that date and either was at death domiciled in Northern Ireland or had been habitually resident in Northern Ireland throughout the period of 1 year ending with the date of death, or
(c)  the following conditions are met—
(i)  the two people concerned registered as civil partners of each other in Northern Ireland,
(ii)  no court has, or is recognised as having, jurisdiction under section 159 regulations, and
(iii)  it appears to the court to be in the interests of justice to assume jurisdiction in the case.
(3)  At any time when proceedings are pending in respect of which the court has jurisdiction by virtue of subsection (1) or (2) (or this subsection), the court also has jurisdiction to entertain other proceedings, in respect of the same civil partnership, for a dissolution, separation or nullity order, even though that jurisdiction would not be exercisable under subsection (1) or (2)."
65NInsert the following new Clause—
  "Proceedings for presumption of death order
  The court has jurisdiction to entertain proceedings for a presumption of death order if (and only if)—
(a)  the applicant is domiciled in Northern Ireland on the date when the proceedings are begun,
(b)  the applicant was habitually resident in Northern Ireland throughout the period of 1 year ending with that date, or
(c)  the two people concerned registered as civil partners of each other in Northern Ireland and it appears to the court to be in the interests of justice to assume jurisdiction in the case."
65PInsert the following new Clause—
  "Proceedings for dissolution, nullity or separation order: supplementary
(1)  Rules of court may make provision in relation to civil partnerships corresponding to the provision made in relation to marriages by Schedule 1 to the Matrimonial Causes (Northern Ireland) Order 1978 (S.I. 1978/1045 (N.I. 15)).
(2)  The rules may in particular make provision—
(a)  for the provision of information by applicants and respondents in proceedings for dissolution, nullity or separation orders where proceedings relating to the same civil partnership are continuing in another jurisdiction, and
(b)  for proceedings before the court to be stayed by the court where there are concurrent proceedings elsewhere in respect of the same civil partnership."
65QInsert the following new Clause—
  "Applications for declarations as to validity etc.
  The court has jurisdiction to entertain an application under section 144 if (and only if)—
(a)  either of the civil partners in the civil partnership to which the application relates—
(i)  is domiciled in Northern Ireland on the date of the application,
(ii)  has been habitually resident in Northern Ireland throughout the period of 1 year ending with that date, or
(iii)  died before that date and either was at death domiciled in Northern Ireland or had been habitually resident in Northern Ireland throughout the period of 1 year ending with the date of death, or
(b)  the two people concerned registered as civil partners of each other in Northern Ireland and it appears to the court to be in the interests of justice to assume jurisdiction in the case."
 

Clause 172

 

THE BARONESS SCOTLAND OF ASTHAL

65RPage 84, line 30, at end insert—
"(   )  The power to make regulations under subsection (2) having effect in Northern Ireland is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)) and subsections (3) and (4) do not apply to such regulations.
(   )  A statutory rule containing regulations under subsection (2) is subject to annulment in pursuance of a resolution of either House of Parliament and section 5 of the Statutory Instruments Act 1946 (c. 36) applies accordingly."
 

Clause 178

 

THE BARONESS SCOTLAND OF ASTHAL

65SPage 86, leave out line 41 and insert "The power to make an order under section (Fees)(1) includes power to make an order prescribing"
65TPage 87, line 1, leave out subsection (5)
 

Clause 182

 

THE BARONESS SCOTLAND OF ASTHAL

65UPage 88, line 29, leave out "The Secretary of State" and insert "A Minister of the Crown"
65VPage 88, line 33, leave out subsection (3) and insert—
"(   )  The power conferred by subsection (2) is also exercisable—
(a)  by the Scottish Ministers, in relation to a relevant Scottish provision;
(b)  by a Northern Ireland department, in relation to a provision which deals with a transferred matter;
(c)  by the National Assembly for Wales, if the order is made by virtue of subsection (2)(b) and deals with matters with respect to which functions are exercisable by the Assembly."
65WPage 88, line 35, at beginning insert "Subject to subsection (4A),"
65XPage 88, line 36, at end insert—
"(4A)  Any power of a Northern Ireland department to make an order under subsection (2) is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12))."
65YPage 88, line 37, leave out ", other than an instrument made by the Scottish Ministers," and insert "made by a Minister of the Crown"
65ZPage 88, line 42, at end insert—
"(   )  A statutory rule containing an order under subsection (2) made by a Northern Ireland department is subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.))."
65AAPage 89, line 8, at end insert—
 ""Minister of the Crown" has the same meaning as in the Ministers of the Crown Act 1975 (c. 26);"
65ABPage 89, line 15, at end insert—
 ""transferred matter" has the meaning given by section 4(1) of the Northern Ireland Act 1998 (c. 47) and "deals with" in relation to a transferred matter is to be construed in accordance with section 98(2) and (3) of the 1998 Act."
 

Clause 184

 

THE BARONESS WILCOX
THE LORD HIGGINS

66Page 90, line 36, after "sex" insert "or the same sex"
67Page 91, leave out line 4
68Page 91, leave out lines 5 and 6
 The above-named Lords give notice of their intention to oppose the Question that Clause 184 stand part of the Bill.
 

After Clause 184

 

THE BARONESS SCOTLAND OF ASTHAL

68AInsert the following new Clause—
  "Discrimination against civil partners in employment field: Northern Ireland
(1)  Amend the Sex Discrimination (Northern Ireland) Order 1976 (S.I. 1976/1042 (N.I. 15)) as follows.
(2)  For Article 5 (discrimination against married persons in employment field) substitute—
    "5Discrimination against married persons and civil partners in employment field
    (1)  In any circumstances relevant for the purposes of any provision of Part 3, a person discriminates against a person ("A") who fulfils the condition in paragraph (2) if—
    (a)  on the ground of the fulfilment of the condition, he treats A less favourably than he treats or would treat a person who does not fulfil the condition, or
    (b)  he applies to A a provision, criterion or practice which he applies or would apply equally to a person who does not fulfil the condition, but—
    (i)  which puts or would put persons fulfilling the condition at a particular disadvantage when compared with persons not fulfilling the condition, and
    (ii)  which puts A at that disadvantage, and
    (iii)  which he cannot show to be a proportionate means of achieving a legitimate aim.
    (2)  The condition is that the person is—
    (a)  married, or
    (b)  a civil partner.
    (3)  For the purposes of paragraph (1), a provision of Part 3 framed with reference to discrimination against women is to be treated as applying equally to the treatment of men, and for that purpose has effect with such modifications as are requisite."
    (3)  For Article 7 (basis of comparison) substitute—
      "7Basis of comparison
        Each of the following comparisons, that is—
      (a)  a comparison of the cases of persons of different sex under Article 3(1) or (2),
      (b)  a comparison of the cases of persons required for the purposes of Article 4A, and
      (c)  a comparison of the cases of persons who do and who do not fulfil the condition in Article 5(2),
        must be such that the relevant circumstances in the one case are the same, or not materially different, in the other.";
        and omit Article 3(4).
      (4)  In Article 10 (exception where sex is a genuine occupational qualification), in paragraph (2)(h) for "by a married couple" substitute—
        "(i)  by a married couple,
        (ii)  by a couple who are civil partners of each other, or
        (iii)  by a married couple or a couple who are civil partners of each other".
        (5)  In Article 65 (remedies on complaint under Article 63), in paragraph (1B) for "or marital status as the case may be" substitute "or (as the case may be) fulfilment of the condition in Article 5(2)"."

 
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24 May 2004