Civil Partnership Act 2004

(15) An order made under Schedule 5 to the Civil Partnership Act 2004 (financial relief in the High Court or a county court etc.), for periodical or other payments. (16) An order made under Schedule 6 to the 2004 Act (financial relief in magistrates' courts etc.), for maintenance or other payments to or in respect of a civil partner or child.

Criminal Damage Act 1971 (c. 48)

36

In section 9 (evidence in connection with offences under the 1971 Act)—

• (a) for “wife or husband” substitute “ spouse or civil partner ”, and

• (b) for “married after the making of the statement or admission) against the wife or husband” substitute “ married or became civil partners after the making of the statement or admission) against the spouse or civil partner ”.

Immigration Act 1971 (c. 77)

37

In section 5(4) (members of another’s family for purposes of deportation)—

• (a) in paragraph (a), after “his wife” insert “ or civil partner, ” and

• (b) in paragraph (b), after “her husband” insert “ or civil partner, ”.

Local Government Act 1972 (c. 70)

38

In section 95 (pecuniary interests for purposes of section 94), after subsection (3) insert—

(4) In the case of civil partners living together the interest of one civil partner, shall, if known to the other, be deemed for the purpose of section 94 above to be also an interest of the other.

39

In section 96 (general notices and recording of disclosures for purposes of section 94), in subsection (1), after “spouse” (in each place) insert “ or civil partner ”.

Matrimonial Causes Act 1973 (c. 18)

40

In section 11 (grounds on which marriage is void), at the end of paragraph (b) insert “ or a civil partner ”.

41

• (1) Amend section 14 (marriages governed by foreign law or celebrated abroad under English law) as follows.

• (2) In subsection (1), at the beginning insert “ Subject to subsection (3) ”.

• (3) After subsection (2) insert—

(3) No marriage is to be treated as valid by virtue of subsection (1) if, at the time when it purports to have been celebrated, either party was already a civil partner.

42

In section 24A (orders for sale of property), in subsection (5), after “re-marriage of” insert “ , or formation of a civil partnership by, ”.

43

• (1) Amend section 28 (duration of continuing financial provision orders in favour of party to marriage, and effect of remarriage) as follows.

• (2) In subsection (1)(a) and (b) after “remarriage of” insert “ , or formation of a civil partnership by, ”.

• (3) In subsection (2)—

• (a) after “remarriage of” insert “ , or formation of a civil partnership by, ”, and

• (b) after “the remarriage” insert “ or formation of the civil partnership ”.

• (4) In subsection (3), after “remarries whether at any time before or after the commencement of this Act”, insert “ or forms a civil partnership ”.

• (5) In the heading to section 28, after “remarriage” insert “ or formation of civil partnership ”.

44

In section 35 (alteration of agreements by court during lives of parties), in subsection (4)(a) and (b), after “remarriage of” insert “ , or formation of a civil partnership by, ”.

45

• (1) Amend section 38 (orders for repayment in certain cases of sums paid after cessation of order by reason of remarriage) as follows.

• (2) In subsection (1)—

• (a) in paragraph (a), after “remarriage of”, insert “ , or formation of a civil partnership by, ”, and

• (b) in paragraph (b), after “remarriage” insert “ or formation of the civil partnership ”.

• (3) In subsection (6)—

• (a) in paragraph (a), after “remarriage of” insert “ , or formation of a civil partnership by, ” and

• (b) in the words following paragraph (b), after “had remarried” insert “ or formed a civil partnership ”.

• (4) In the heading to section 38, after “remarriage” insert “ or formation of civil partnership ”.

46

In section 52 (interpretation), after subsection (3), insert —

(3A) References in this Act to the formation of a civil partnership by a person include references to a civil partnership which is by law void or voidable.

Fair Trading Act 1973 (c. 41)

47

In section 30 (offences in connection with exercise of powers under section 29), in subsection (6) for “married) the husband or wife” substitute “ married or a civil partner) the spouse or civil partner ”.

Slaughterhouses Act 1974 (c. 3)

48

In section 10 (temporary continuance of licence on death), for “his personal representative, or of his widow or any other member of his family, until the expiration of two months from his death,” substitute “ the deceased’s personal representative, or widow or widower or surviving civil partner or any other member of the deceased’s family, until the end of two months from the deceased’s death, ”.

Health and Safety at Work etc. Act 1974 (c. 37)

49

In section 20 (powers of inspectors), in subsection (7), for “husband or wife” substitute “ spouse or civil partner ”.

Consumer Credit Act 1974 (c. 39)

50

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

51

• (1) Amend section 184 (associates) as follows.

• (2) For subsection (1) substitute—

(1) A person is an associate of an individual if that person is— (a) the individual’s husband or wife or civil partner, (b) a relative of— (i) the individual, or (ii) the individual’s husband or wife or civil partner, or (c) the husband or wife or civil partner of a relative of— (i) the individual, or (ii) the individual’s husband or wife or civil partner.

• (3) In subsection (2), after “husband or wife” insert “ or civil partner ”.

• (4) In subsection (5)—

• (a) omit the word “and” immediately before “references”,

• (b) for “or wife;” substitute “ or wife, and references to a civil partner include a former civil partner; ”, and

• (c) for “had been a child born to him in wedlock” substitute “ were the legitimate child of the relationship in question ”.

Friendly Societies Act 1974 (c. 46)

52

• (1) Amend section 66 (power of member to nominate person to receive sums payable on his death) as follows.

• (2) In subsection (5), for “husband, wife,” substitute “ spouse, civil partner, ”.

• (3) After subsection (7) insert—

(7A) The formation of a civil partnership by a member of the society or branch revokes any nomination previously made by that member under this section.

Rehabilitation of Offenders Act 1974 (c. 53)

53

In section 7 (limitations on rehabilitation under the 1974 Act, etc.), in subsection (2)(c), after “the marriage of any minor,” insert “ or the formation of a civil partnership by any minor, ”.

Sex Discrimination Act 1975 (c. 65)

54

In section 82(5) (general interpretation: meaning of “near relative”)

• (a) after “wife or husband” (in both places) insert “ or civil partner ”, and

• (b) for “by affinity)” substitute “ by marriage or civil partnership) ”.

Race Relations Act 1976 (c. 74)

55

In section 78(5) (general interpretation: meaning of “near relative”)—

• (a) after “wife or husband” (in both places) insert “ or civil partner ”, and

• (b) for “by affinity)” substitute “ by marriage or civil partnership) ”.

Criminal Law Act 1977 (c. 45)

56

In section 2 (exemptions from liability for conspiracy), in subsection (2)(a), after “spouse” insert “ or civil partner ”.

Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22)

57

In section 4 (duration of orders for financial provision for a party to a marriage), in subsection (2)—

• (a) after “remarriage of” insert “ , or formation of a civil partnership by, ”, and

• (b) after “the remarriage” insert “ or formation of the civil partnership ”.

58

• (1) Amend section 35 (orders for repayment in certain cases of sums paid after cessation of order by reason of remarriage) as follows.

• (2) In subsection (1)—

• (a) in paragraph (a), after “remarriage of” insert “ , or formation of a civil partnership by, ”, and

• (b) in paragraph (b), after “that remarriage” insert “ or the formation of that civil partnership ”.

• (3) In subsection (7)—

• (a) in paragraph (a), after “remarriage of” insert “ , or formation of a civil partnership by, ”, and

• (b) in the words following paragraph (b)—

• (i) after “the remarriage” insert “ or the formation of that civil partnership ”, and

• (ii) after “had remarried” insert “ or formed a civil partnership ”.

• (4) In the heading to section 35, after “remarriage” insert “ or formation of civil partnership ”.

Interpretation Act 1978 (c. 30)

59

At the appropriate place in Schedule 1 (words and expressions defined) insert—

“Civil partnership” means a civil partnership which exists under or by virtue of the Civil Partnership Act 2004 (and any reference to a civil partner is to be read accordingly).

Protection of Children Act 1978 (c. 37)

60

In section 1A (marriage and other relationships), in subsections (1)(a) and (2)(a) after “were married” insert “ or civil partners of each other ”.

Credit Unions Act 1979 (c. 34)

61

• (1) Amend section 31(1) (interpretation) as follows.

• (2) After the definition of “charitable” insert—

“civil partner” includes former civil partner;

.

• (3) In the definition of “relative”—

• (a) in paragraphs (a), (b) and (c), after “spouse” insert “ or civil partner ”, and

• (b) in the words following paragraph (c), for “a child born in wedlock” substitute “ the legitimate child of the relationship in question ”.

Estate Agents Act 1979 (c. 38)

62

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

63

• (1) Amend section 32 (associates) as follows.

• (2) In subsection (2), after “spouse” insert “ or civil partner ”.

• (3) In subsection (3)—

• (a) omit the word “and” immediately before “references”,

• (b) for “reputed spouse;” substitute “ reputed spouse, and references to a civil partner include a former civil partner; ”, and

• (c) for “had been a child born to him in wedlock” substitute “ were the legitimate child of the relationship in question ”.

Magistrates' Courts Act 1980 (c. 43)

64

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

65

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Disused Burial Grounds (Amendment) Act 1981 (c. 18)

66

In section 9 (interpretation), in the definition of “relative”, for “husband or wife” substitute “ spouse or civil partner ”.

Forgery and Counterfeiting Act 1981 (c. 45)

67

In section 5 (offences relating to money orders, share certificates, passports, etc.), in subsection (5)(l)—

• (a) after “adoptions, marriages” insert “ , civil partnerships ”, and

• (b) for “register marriages” substitute “ issue certified copies relating to such entries ”.

Supreme Court Act 1981 (c. 54)

68

In section 18(1) (restrictions on appeals to Court of Appeal), before paragraph (g) insert—

(fa) from a dissolution order, nullity order or presumption of death order under Chapter 2 of Part 2 of the Civil Partnership Act 2004 that has been made final, by a party who, having had time and opportunity to appeal from the conditional order on which that final order was founded, has not appealed from the conditional order;

.

69

• (1) Amend section 72 (withdrawal of privilege against incrimination of self or spouse in certain proceedings) as follows.

• (2) In subsection (1), after “spouse” insert “ or civil partner ”.

• (3) In subsection (3), for “married after the making of the statement or admission) against the spouse” substitute “ married or became civil partners after the making of the statement or admission) against the spouse or civil partner ”.

70

In paragraph 3 of Schedule 1 (business assigned to Family Division of High Court), after sub-paragraph (h) insert—

(i) all civil partnership causes and matters (whether at first instance or on appeal); (j) applications for consent to the formation of a civil partnership by a minor or for a declaration under paragraph 7 of Schedule 1 to the Civil Partnership Act 2004; (k) applications under section 58 of that Act (declarations relating to civil partnerships).

British Nationality Act 1981 (c. 61)

71

In section 3(6)(a) (registration as British citizen of minor whose parents' marriage has terminated etc.), after “marriage” insert “ or civil partnership ”.

72

In section 6(2) (naturalisation of person married to British citizen), after “is married to a British citizen” insert “ or is the civil partner of a British citizen ”.

73

In section 10(2)(b) (registration as British citizen after pre-1983 renunciation of citizenship), after “has been married to” insert “ , or has been the civil partner of, ”.

74

In section 12(5) (renunciation: persons who have married deemed of full age), after “has been married” insert “ , or has formed a civil partnership, ”.

75

In section 17(6)(a) (registration as British overseas territories citizen of minor whose parents' marriage has terminated etc.), after “marriage” insert “ or civil partnership ”.

76

In section 18(2) (naturalisation of person married to a British overseas territories citizen), after “is married to such a citizen” insert “ or is the civil partner of such a citizen ”.

77

In section 22(2)(b) (naturalisation as British overseas territories citizen after pre-1983 renunciation of citizenship), after “has been married to” insert “ , or has been the civil partner of, ”.

78

• (1) Amend paragraphs 4(d) and 8(d) of Schedule 1 (requirements for naturalisation under sections 6(2) and 18(2)) as follows.

• (2) In the paragraph (f) set out in each of those provisions, after “to whom the applicant is married” insert “ , or of whom the applicant is the civil partner, ”.

Forfeiture Act 1982 (c. 34)

79

In section 3 (application for financial provision not affected by forfeiture rule), in subsection (2), for paragraph (b) and the word “and” immediately preceding it substitute—

(b) sections 31(6) and 36(1) of the Matrimonial Causes Act 1973 (variation by court in England and Wales of periodical payments orders and maintenance agreements in respect of marriages); (c) paragraphs 60(2) and 73(2) of Schedule 5 to the Civil Partnership Act 2004 (variation by court in England and Wales of periodical payments orders and maintenance agreements in respect of civil partnerships); and (d) section 13(4) of the Family Law (Scotland) Act 1985 (variation etc. of periodical allowances in respect of marriages and civil partnerships).

Representation of the People Act 1983 (c. 2)

80

• (1) Amend section 14 (service qualification) as follows.

• (2) In subsection (1)(d), for “wife or husband” substitute “ spouse or civil partner ”.

• (3) For subsection (1)(e) substitute—

(e) is the spouse or civil partner of a person mentioned in paragraph (b) or paragraph (c) above and is residing outside the United Kingdom to be with his or her spouse or civil partner,

.

81

In section 16 (contents of service declaration), for “wife or husband” substitute “ spouse or civil partner ”.

82

In section 59 (supplemental provisions as to members of forces and service voters), in subsection (3)(b), for “by him and any wife of his or, as the case may be, by her and any husband of hers,” substitute “ by that person and any spouse or civil partner of that person ”.

83

In section 61 (other voting offences), in subsection (4), for “husband, wife,” substitute “ spouse, civil partner, ”.

84

In section 141 (duty to answer relevant questions), in subsections (1)(a)(i) and (2)(a), for “husband or wife,” substitute “ spouse or civil partner, ”.

85

• (1) Amend Schedule 1 (parliamentary elections rules) as follows.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) In rule 39(3)(b), for “husband, wife,” substitute “ spouse, civil partner, ”.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Mental Health Act 1983 (c. 20)

86

In—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

after “husband, wife” insert “ , civil partner ”.

Mobile Homes Act 1983 (c. 34)

87

In section 3(3) (succession to agreements to which Act applies), for “or widower” (in each place) substitute “ , widower or surviving civil partner ”.

88

In section 5(3) (meaning of “member of another’s family”)—

• (a) after “spouse,” insert “ civil partner, ”

• (b) in paragraph (a), after “marriage” insert “ or civil partnership ”, and

• (c) in the words after paragraph (b), after “as husband and wife” insert “ or as if they were civil partners ”.

Dentists Act 1984 (c. 24)

89

In section 41(4) (family or representatives may carry on deceased dentist’s business for three years), for “his widow” (in each place) substitute “ his surviving spouse or his surviving civil partner ”.

Matrimonial and Family Proceedings Act 1984 (c. 42)

90

• (1) Amend section 12 (applications for financial relief after overseas divorce etc.) as follows.

• (2) In subsection (2) (no application may be made after remarriage), for “remarries” substitute “ forms a subsequent marriage or civil partnership, ”.

• (3) For subsection (3) substitute—

(3) The reference in subsection (2) above to the forming of a subsequent marriage or civil partnership includes a reference to the forming of a marriage or civil partnership which is by law void or voidable.

91

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

92

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

93

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

94

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

95

In section 40(4)(b) (enforcement in High Court of orders of divorce county court), after “a divorce county court” insert “ or a civil partnership proceedings county court ”.

96

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Police and Criminal Evidence Act 1984 (c. 60)

97

• (1) Amend section 80 (compellability of accused’s spouse) as follows.

• (2) In subsections (2), (2A) and (3), for “wife or husband” (in each place) substitute “ spouse or civil partner ”.

• (3) After subsection (5) insert—

(5A) In any proceedings a person who has been but is no longer the civil partner of the accused shall be compellable to give evidence as if that person and the accused had never been civil partners.

• (4) In the heading to section 80, after “accused’s spouse” insert “ or civil partner ”.

98

In section 80A (rule where accused’s spouse not compellable)—

• (a) for “wife or husband” substitute “ spouse or civil partner ”, and

• (b) in the heading, after “spouse” insert “ or civil partner ”.

Companies Act 1985 (c. 6)

99

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

100

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

101

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

102

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

103

In section 430E (associates), in subsection (8) after “spouse” insert “ or civil partner ”.

104

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

105

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Enduring Powers of Attorney Act 1985 (c. 29)

106

In section 3 (scope of authority etc. of attorney under enduring power), in subsection (5)(a), for “or marriage” substitute “ , marriage or the formation of a civil partnership ”.

107

In Schedule 1 (notification prior to registration of instrument creating power of attorney), in paragraph 2(1)—

• (a) in paragraph (a), after “wife” insert “ or civil partner ”, and

• (b) in paragraph (e), after “widower” insert “ or surviving civil partner ”.

108

Paragraphs 106 and 107 apply in relation to the exercise of powers under enduring powers of attorney created before the passing of this Act as well as in relation to those created on or after its passing.

Food and Environment Protection Act 1985 (c. 48)

109

In Schedule 2 (officers and their powers), in paragraph 2A(4), after “spouse” insert “ or civil partner ”.

Child Abduction and Custody Act 1985 (c. 60)

110

In section 24A (power to order disclosure of child’s whereabouts), in subsection (2), after “spouse” insert “ or civil partner ”.

Airports Act 1986 (c. 31)

111

In section 20 (powers of investment and disposal in relation to public airport companies), in subsection (6)(b), after “widowers” insert “ , civil partners, surviving civil partners ”.

Insolvency Act 1986 (c. 45)

112

In section 215 (proceedings under sections 213, 214), in subsection (3)(b), after “marriage” insert “ or the formation of a civil partnership ”.

113

In section 283A (bankrupt’s home ceasing to form part of estate), in subsection (1)—

• (a) in paragraph (b), after “spouse” insert “ or civil partner ”, and

• (b) in paragraph (c), after “spouse” insert “ or former civil partner ”.

114

In section 313 (charge on bankrupt’s home), in subsection (1), after “former spouse” insert “ or by his civil partner or former civil partner ”.

115

In section 313A (low value home: application for sale, possession or charge), in subsection (1)—

• (a) in paragraph (a)(ii), after “spouse” insert “ or civil partner ”, and

• (b) in paragraph (a)(iii), after “spouse” insert “ or former civil partner ”.

116

In section 329 (debts to spouse), in subsection (1), after “spouse” (in each place) insert “ or civil partner ”.

117

In section 332 (saving for bankrupt’s home), in subsection (1), after “former spouse” insert “ or by his civil partner or former civil partner ”.

118

In section 335A (rights under trusts of land), in subsection (2)(b)—

• (a) for “bankrupt’s spouse or former spouse” substitute “ bankrupt’s spouse or civil partner or former spouse or former civil partner ”, and

• (b) in sub-paragraphs (i) and (ii), for “spouse or former spouse” substitute “ spouse, civil partner, former spouse or former civil partner ”.

119

In section 339 (transactions at an undervalue), in subsection (3)(b), after “marriage” insert “ or the formation of a civil partnership ”.

120

In section 366 (inquiry into bankrupt’s dealings and property), in subsection (1)(a), after “former spouse” insert “ or civil partner or former civil partner ”.

121

In section 423 (transactions defrauding creditors), in subsection (1)(b), after “marriage” insert “ or the formation of a civil partnership ”.

122

• (1) Amend section 435 (meaning of “associate”) as follows.

• (2) For subsection (2) substitute—

(2) A person is an associate of an individual if that person is— (a) the individual’s husband or wife or civil partner, (b) a relative of— (i) the individual, or (ii) the individual’s husband or wife or civil partner, or (c) the husband or wife or civil partner of a relative of— (i) the individual, or (ii) the individual’s husband or wife or civil partner.

• (3) In subsection (3), after “husband or wife” insert “ or civil partner ”.

• (4) In subsection (8), at the end insert “ and references to a civil partner include a former civil partner ”.

Building Societies Act 1986 (c. 53)

123

In section 70 (interpretation), in—

• (a) subsection (2)(a) and (c), and

• (b) subsection (4),

after “spouse” (in each place) insert “ or civil partner ”.

Family Law Act 1986 (c. 55)

124

In section 33 (power to order disclosure of child’s whereabouts), in subsection (2), after “spouse” insert “ or civil partner ”.

125

In section 50 (non-recognition of divorce or annulment in another jurisdiction no bar to remarriage), for the words from “re-marrying” to the end substitute “ forming a subsequent marriage or civil partnership in that part of the United Kingdom or cause the subsequent marriage or civil partnership of either party (wherever it takes place) to be treated as invalid in that part. ”

Consumer Protection Act 1987 (c. 43)

126

In section 47 (savings for certain privileges), in subsection (2), after “spouse” insert “ or civil partner ”.

Criminal Justice Act 1988 (c. 33)

127

In section 160A (marriage and other relationships), in subsections (1)(a) and (2)(a), after “were married” insert “ or civil partners of each other ”.

Companies Act 1989 (c. 40)

128

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Children Act 1989 (c. 41)

129

• (1) Amend section 8 (residence, contact and other orders with respect to children) as follows.

• (2) After subsection (4)(b) insert—

(ba) Schedule 5 to the Civil Partnership Act 2004;

.

• (3) After subsection (4)(e) insert—

(ea) Schedule 6 to the Civil Partnership Act 2004;

.

130

In section 48 (powers to assist in discovery of children who may be in need of emergency protection), in subsection (2), after “spouse” insert “ or civil partner ”.

131

In section 50 (recovery of abducted children etc.), in subsection (11), after “spouse” insert “ or civil partner ”.

132

In section 98 (self-incrimination), in subsections (1) and (2), after “spouse” insert “ or civil partner ”.

Local Government and Housing Act 1989 (c. 42)

133

In section 19 (members' interests) in subsection (7), after “spouse” insert “ or civil partner ”.

134

In section 69 (companies subject to local authority influence), in subsection (6)(c), after “spouse” insert “ or civil partner ”.

Opticians Act 1989 (c. 44)

135

In section 29(1) (family or representatives may use deceased optician’s title for three years), in paragraphs (b) and (d), for “his widow” substitute “ his surviving spouse or his surviving civil partner ”.

Food Safety Act 1990 (c. 16)

136

In section 43 (continuance of registration or licence on death) in subsection (2), for the words from “the deceased’s personal representative” to “his death” substitute

the deceased’s personal representative, or widow or widower or surviving civil partner or any other member of the deceased’s family, until the end of— (a) the period of three months beginning with the deceased’s death

.

Courts and Legal Services Act 1990 (c. 41)

137

In section 10 (family proceedings in magistrates' courts and related matters), in subsection (1), after “Domestic Proceedings and Magistrates' Courts Act 1978” insert “ or Schedule 6 to the Civil Partnership Act 2004 ”.

138

In section 58A (conditional fee agreements: supplementary), omit “and” at the end of subsection (2)(f) and insert—

(fa) Chapter 2 of Part 2 of the Civil Partnership Act 2004 (proceedings for dissolution etc. of civil partnership); (fb) Schedule 5 to the 2004 Act (financial relief in the High Court or a county court etc.); (fc) Schedule 6 to the 2004 Act (financial relief in magistrates' courts etc.); (fd) Schedule 7 to the 2004 Act (financial relief in England and Wales after overseas dissolution etc. of a civil partnership); and

.

Broadcasting Act 1990 (c. 42)

139

In paragraph 1(2) of Part 1 of Schedule 2 (restrictions on the holding of licences)—

• (a) in paragraphs (a) and (d), after “husband or wife” (in each place) insert “ or civil partner ”, and

• (b) at the end insert “ and references to a civil partner shall include a former civil partner ”.

Local Government Finance Act 1992 (c. 14)

140

• (1) In section 9(1)(a) (joint and several liability for council tax of married couple resident in same dwelling), after “is married to” insert “ , or is the civil partner of, ”.

• (2) After section 9(3) insert—

(4) For the purposes of this section two persons are civil partners of each other if they are of the same sex and either— (a) they are civil partners of each other; or (b) they are not civil partners of each other but are living together as if they were civil partners.

• (3) In section 18(1)(b) (power to make regulations to deal with death of a person liable for council tax as a spouse under section 9), after “spouse” insert “ or civil partner ”.

Friendly Societies Act 1992 (c. 40)

141

In section 77 (information on appointed actuary to be annexed to balance sheet), in subsection (3)(a), after “spouse” insert “ or civil partner ”.

142

In section 119A (meaning of “associate”), in subsection (1)(a), after “wife or husband” insert “ or civil partner ”.

143

In Schedule 2 (the activities of a friendly society), in Head A, in class II—

• (a) in the second column (description), after “Marriage” insert “ , civil partnership ”, and

• (b) in the third column (nature of business), after “sum on marriage” insert “ or on the formation of a civil partnership ”.

Trade Union and Labour Relations Act 1992 (c. 52)

144

In section 23 (restriction on enforcement of awards against certain property), in subsection (3)(b) for “the wife” substitute “ the spouse or civil partner ”.

145

In section 241 (intimidation or annoyance by violence or otherwise), in subsection (1)(a), for “wife” substitute “ spouse or civil partner ”.

146

In section 292 (death of employee or employer), in subsection (3)(b), after “widow,” insert “ surviving civil partner, ”.

Charities Act 1993 (c. 10)

147

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Pension Schemes Act 1993 (c. 48)

148

In section 101E(1)(b) after “or widower” insert “ or surviving civil partner ”.

Pension Schemes (Northern Ireland) Act 1993 (c. 49)

149

In section 97E(1)(b) after “or widower” insert “ or surviving civil partner ”.

Disability Discrimination Act 1995 (c. 50)

150

• (1) In section 23 (exemption for small dwellings), amend subsection (7) as follows.

• (2) In the definition of “near relative”—

• (a) after “spouse” insert “ or civil partner ”, and

• (b) for “by affinity)” substitute “ by marriage or civil partnership) ”.

• (3) For the definition of “partner” substitute—

“partner” means the other member of a couple consisting of— (a) a man and a woman who are not married to each other but are living together as husband and wife, or (b) two people of the same sex who are not civil partners of each other but are living together as if they were civil partners.

Employment Rights Act 1996 (c. 18)

151

In section 57A (time off for dependants), in subsection (3)(a), after “spouse” insert “ or civil partner ”.

Family Law Act 1996 (c. 27)

152

• (1) Amend section 64 (provision for separate representation for children) as follows.

• (2) Omit “or” at the end of subsection (1)(c).

• (3) At the end of subsection (1)(d) insert

or (e) Schedule 5 or 6 to the Civil Partnership Act 2004.

Trusts of Land and Appointment of Trustees Act 1996 (c. 47)

153

In paragraph 3 of Schedule 1 (family charges), after “in consideration of marriage” insert “ or the formation of a civil partnership ”.

Civil Procedure Act 1997 (c. 12)

154

In section 7 (power of courts to make orders for preserving evidence etc.), in subsection (7), after “spouse” insert “ or civil partner ”.

National Minimum Wage Act 1998 (c. 39)

155

In section 14 (powers of officers), in subsection (2), for “married, the person’s spouse” substitute “ married or a civil partner, the person’s spouse or civil partner ”.

Access to Justice Act 1999 (c. 22)

156

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Welfare Reform and Pensions Act 1999 (c. 30)

157

• (1) Amend section 23 (supply of pension information in connection with divorce etc.) as follows.

• (2) After subsection (1)(a)(i) insert—

(ia) financial relief under Schedule 5 or 7 to the Civil Partnership Act 2004 (England and Wales powers in relation to domestic and overseas dissolution of civil partnerships etc.),

.

• (3) In subsection (1)(a)(ii)—

• (a) after “1984” insert “ or Schedule 11 to the 2004 Act ”, and

• (b) at the end, omit “or”.

• (4) In subsection (1)(a)(iii) for “(corresponding Northern Ireland powers);” substitute

(Northern Ireland powers corresponding to those mentioned in sub-paragraph (i)), or (iv) financial relief under Schedule 15 or 17 to the 2004 Act (Northern Ireland powers corresponding to those mentioned in sub-paragraph (ia));

.

• (5) In subsection (1)(b), for “or (iii)” substitute “ (ia), (iii) or (iv) ”.

158

• (1) Amend section 24 (charges by pension arrangements in relation to earmarking orders) as follows.

• (2) After paragraph (a) insert—

(aa) an order under Part 1 of Schedule 5 to the Civil Partnership Act 2004 (financial provision orders in connection with dissolution of civil partnerships etc.) so far as it includes provision made by virtue of Part 6 of that Schedule (powers to include provision about pensions),

.

• (3) At the end of paragraph (b) omit “or” and after paragraph (c) insert

, or (d) an order under Part 1 of Schedule 15 to the 2004 Act so far as it includes provision made by virtue of Part 5 of that Schedule (Northern Ireland powers corresponding to those mentioned in paragraph (aa)).

159

• (1) Amend section 28 (activation of pension sharing) as follows.

• (2) After subsection (1)(a) insert—

(aa) a pension sharing order under Schedule 5 to the Civil Partnership Act 2004,

.

• (3) After subsection (1)(d) insert—

(da) an order under Schedule 7 to the 2004 Act (financial relief in England and Wales after overseas dissolution etc. of a civil partnership) corresponding to such an order as is mentioned in paragraph (aa),

.

• (4) In subsection (1)(f)—

• (a) at the end of sub-paragraph (i) insert “ or between persons who are civil partners of each other ”, and

• (b) at the end of sub-paragraph (iii) insert “ or (as the case may be) on the grant, in relation to the civil partnership, of decree of dissolution or of declarator of nullity ”.

• (5) In subsection (1)(g), after “divorce etc.)” insert “ or under Schedule 11 to the 2004 Act (financial provision in Scotland after overseas proceedings) ”.

• (6) In subsection (1)(h) for “Northern Ireland legislation, and” substitute “ the Matrimonial Causes (Northern Ireland) Order 1978 (S.I. 1978/1045 (N.I. 15)), ”.

• (7) After subsection (1)(i) insert—

(j) a pension sharing order under Schedule 15 to the 2004 Act, and (k) an order under Schedule 17 to the 2004 Act (financial relief in Northern Ireland after overseas dissolution etc. of a civil partnership) corresponding to such an order as is mentioned in paragraph (j).

• (8) In subsection (7)(a), omit “matrimonial”.

• (9) In subsection (8)—

• (a) in paragraph (a), after “divorce” insert “ , dissolution ”, and

• (b) at the end of paragraph (b) insert “ or, where the order is under Schedule 11 to the 2004 Act, the date of disposal of the application under paragraph 2 of that Schedule ”.

• (10) In subsection (9)—

• (a) omit “matrimonial”, and

• (b) in paragraphs (a) and (b)(i), after “divorce” insert “ , dissolution ”.

160

• (1) Amend section 34 (“implementation period”) as follows.

• (2) In subsection (1)(b)(i), omit “matrimonial”.

• (3) In subsection (2)—

• (a) omit “matrimonial”, and

• (b) in paragraph (b), after “divorce” insert “ , dissolution ”.

161

• (1) Amend section 48 (activation of benefit sharing) as follows.

• (2) After subsection (1)(a) insert—

(aa) a pension sharing order under Schedule 5 to the Civil Partnership Act 2004,

.

• (3) After subsection (1)(d) insert—

(da) an order under Schedule 7 to the 2004 Act (financial relief in England and Wales after overseas dissolution etc. of a civil partnership) corresponding to such an order as is mentioned in paragraph (aa),

.

• (4) In subsection (1)(f)—

• (a) at the end of sub-paragraph (i) insert “ or between persons who are civil partners of each other ”, and

• (b) at the end of sub-paragraph (iii) insert “ or (as the case may be) on the grant, in relation to the civil partnership, of decree of dissolution or of declarator of nullity ”.

• (5) In subsection (1)(g), after “divorce etc.)” insert “ or under Schedule 11 to the 2004 Act (financial provision in Scotland after overseas proceedings) ”.

• (6) In subsection (1)(h) for “Northern Ireland legislation, and” substitute “ the Matrimonial Causes (Northern Ireland) Order 1978 (S.I. 1978/1045 (N.I. 15)), ”.

• (7) After subsection (1)(i) insert—

(j) a pension sharing order under Schedule 15 to the 2004 Act, and (k) an order under Schedule 17 to the 2004 Act (financial relief in Northern Ireland after overseas dissolution etc. of a civil partnership) corresponding to such an order as is mentioned in paragraph (j).

• (8) In subsection (6)(a), omit “matrimonial”.

• (9) In subsection (7)—

• (a) in paragraph (a), after “divorce” insert “ , dissolution ”, and

• (b) at the end of paragraph (b) insert “ or, where the order is under Schedule 11 to the 2004 Act, the date of disposal of the application under paragraph 2 of that Schedule ”.

• (10) In subsection (8)—

• (a) omit “matrimonial”, and

• (b) in paragraphs (a) and (b)(i), after “divorce” insert “ , dissolution ”.

Immigration and Asylum Act 1999 (c. 33)

162

After section 24 insert—

(24A) (1) Subsection (3) applies if— (a) a registration authority to whom a notice of proposed civil partnership has been given under section 8 of the Civil Partnership Act 2004, (b) any person who, under section 8 of the 2004 Act, has attested a declaration accompanying such a notice, (c) a district registrar to whom a notice of proposed civil partnership has been given under section 88 of the 2004 Act, or (d) a registrar to whom a civil partnership notice has been given under section 139 of the 2004 Act, has reasonable grounds for suspecting that the civil partnership will be a sham civil partnership. (2) Subsection (3) also applies if— (a) two people register as civil partners of each other under Part 2, 3 or 4 of the 2004 Act in the presence of the registrar, and (b) before, during or immediately after they do so, the registrar has reasonable grounds for suspecting that the civil partnership will be, or is, a sham civil partnership. (3) The person concerned must report his suspicion to the Secretary of State without delay and in such form and manner as may be prescribed by regulations. (4) The regulations are to be made— (a) in relation to England and Wales, by the Registrar General for England and Wales with the approval of the Chancellor of the Exchequer; (b) in relation to Scotland, by the Secretary of State after consulting the Registrar General of Births, Deaths and Marriages for Scotland; (c) in relation to Northern Ireland, by the Secretary of State after consulting the Registrar General in Northern Ireland. (5) “Sham civil partnership” means a civil partnership (whether or not void)— (a) formed between a person (“A”) who is neither a British citizen nor a national of an EEA State other than the United Kingdom and another person (whether or not such a citizen or such a national), and (b) formed by A for the purpose of avoiding the effect of one or more provisions of United Kingdom immigration law or the immigration rules. (6) “The registrar” means— (a) in relation to England and Wales, the civil partnership registrar acting under Part 2 of the 2004 Act; (b) in relation to Scotland, the authorised registrar acting under Part 3 of the 2004 Act; (c) in relation to Northern Ireland, the registrar acting under Part 4 of the 2004 Act.

163

In section 166 (regulations and orders), in subsection (6)(b) after “24(3)” insert “ , 24A(3) ”.

Representation of the People Act 2000 (c. 2)

164

• (1) Amend Schedule 4 (absent voting in Great Britain) as follows.

• (2) In paragraph 3(3)(c), for “his spouse,” (in both places) substitute “ his spouse or civil partner, ”.

• (3) In paragraph 6(6), for “husband, wife,” substitute “ spouse, civil partner, ”.

Financial Services and Markets Act 2000 (c. 8)

165

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

166

In Schedule 11 (offers of securities), in paragraph 16(2), after “wife, husband, widow, widower” insert “ , civil partner, surviving civil partner, ”.

Land Registration Act 2002 (c. 9)

167

In section 125 (privilege against self-incrimination), in subsection (2), after “spouse” insert “ or civil partner ”.

Enterprise Act 2002 (c. 40)

168

In section 127 (associated persons), in subsections (4)(a) and (c) and (6), after “spouse” (in each place) insert “ , civil partner ”.

169

In section 222 (bodies corporate: accessories), in subsection (10), after “spouse” in paragraphs (a), (c), (d) and (e) (in each place) insert “ or civil partner ”.

Licensing Act 2003 (c. 17)

170

In section 101 (minimum of 24 hours between event periods), in subsection (3)(a) and (d), after “spouse” insert “ or civil partner ”.

Local Government Act 2003 (c. 26)

171

In paragraph 2(1)(a) of Schedule 4 (spouse of employee of the Valuation Tribunal Service disqualified for appointment as member of the Service), after “is married to” insert “ or is the civil partner of ”.

Courts Act 2003 (c. 39)

172

In section 76 (further provision about scope of Family Procedure Rules), in subsection (2)(b), after “divorce county court” insert “ or civil partnership proceedings county court (within the meaning of Part 5 of the Matrimonial and Family Proceedings Act 1984) ”.

Sexual Offences Act 2003 (c. 42)

173

• (1) Amend section 23 (sections 16 to 19: marriage exception) as follows.

• (2) At the end of subsection (1)(b) insert “ or civil partners of each other ”.

• (3) In subsection (2), for “were lawfully married at the time” substitute “ were at the time lawfully married or civil partners of each other ”.

• (4) In the heading to section 23 for “marriage exception” substitute “ exception for spouses and civil partners ”.

174

• (1) Amend section 28 (sections 25 and 26: marriage exception) as follows.

• (2) At the end of subsection (1)(b) insert “ or civil partners of each other ”.

• (3) In subsection (2), for “were lawfully married at the time” substitute “ were at the time lawfully married or civil partners of each other ”.

• (4) In the heading to section 28 for “marriage exception” substitute “ exception for spouses and civil partners ”.

175

• (1) Amend section 43 (sections 38 and 41: marriage exception) as follows.

• (2) At the end of subsection (1)(b) insert “ or civil partners of each other ”.

• (3) In subsection (2), for “were lawfully married at the time” substitute “ were at the time lawfully married or civil partners of each other ”.

• (4) In the heading to section 43 for “marriage exception” substitute “ exception for spouses and civil partners ”.

SCHEDULE 28

Part 1 — Amendments of the Succession (Scotland) Act 1964 (c. 41)

1

In section 1(2) (intestacy: saving for legal rights or prior rights), after “spouse” insert “ or civil partner ”.

2

In section 2(1)(e) (intestacy: succession rights of surviving spouse)—

• (a) for “or a wife” substitute, “ , wife or civil partner ”, and

• (b) after “spouse” insert “ or civil partner ”.

3

In section 5(1) (representation on intestacy), for “or spouse” substitute “ , spouse or civil partner ”.

4

In section 8 (prior rights on intestacy in dwelling house and furniture), in subsections (1), (3) and (4), after “spouse” (in each place, including the provisos to subsections (1) and (3)) insert “ or civil partner ”.

5

In section 9 (prior right to financial provision on intestacy)—

• (a) in subsection (1), for “or wife, the surviving spouse” substitute “ , wife or civil partner the survivor ”, and

• (b) in the proviso to that subsection and in subsections (2), (3), (4) and (6), after “spouse”, (in each place) insert “ or civil partner ”.

6

In section 10(2) (calculation of legal rights), for “jus relicti, jus relictae or legitim” substitute “ legal rights ”.

7

In section 15(2)(a) (transfer of heritage in satisfaction of claim to legal rights or prior rights), after “spouse” insert “ or civil partner ”.

8

In section 16(2) (transfer of interest of tenant notwithstanding condition prohibiting assignation), after “spouse” insert “ or civil partner ”.

9

In section 31(1) (presumption of survivorship in respect of claims to property)—

• (a) after “spouse” insert “ or civil partner ”, and

• (b) in paragraph (a), after “wife” insert “ or civil partners to each other ”.

10

In section 36(1) (interpretation), in the definition of “prior rights”, after “spouse” insert “ or civil partner ”.

Part 2 — Amendments of the Family Law (Scotland) Act 1985 (c. 37)

11

In section 1(1) (obligation of aliment), after paragraph (b) insert—

(bb) a partner in a civil partnership to the other partner,

.

12

• (1) Amend section 2 (actions for aliment) as follows.

• (2) in subsection (2), after paragraph (a) insert—

(aa) for dissolution of a civil partnership, separation of civil partners or declarator of nullity of a civil partnership,

.

• (3) In subsection (9), after “wife” insert “ or the partners in a civil partnership ”.

13

In section 6(1) (interim aliment)—

• (a) in paragraph (a), for “party” (in both places) substitute “ person ”,

• (b) after paragraph (b) insert—

(c) in an action for dissolution of a civil partnership, separation of civil partners or declarator of nullity of a civil partnership, by either partner against the other partner,

.

14

• (1) Amend section 8 (orders for financial provision) as follows.

• (2) In subsection (1)—

• (a) after “either party to the marriage” insert “ and in an action for dissolution of a civil partnership, either partner ”, and

• (b) in each of paragraphs (a) to (c), for “marriage” substitute “ action ”.

• (3) In subsection (5), after “marriage” insert “ or the partners in a civil partnership ”.

15

• (1) Amend section 9 (principles to be applied in deciding what order if any to make for financial provision) as follows.

• (2) In subsection (1)—

• (a) in paragraph (a), at the end insert “ or as the case may be the net value of the partnership property should be so shared between the partners in the civil partnership ”,

• (b) in paragraph (b), for “party” (in each place) substitute “ person ”,

• (c) in paragraph (c), the existing words “after divorce, for a child of the marriage under the age of 16 years” become sub-paragraph (i), after that sub-paragraph insert—

(ii) after dissolution of the civil partnership, for a child under that age who has been accepted by both partners as a child of the family,

,

and for “parties” substitute “ persons ”,

• (d) in paragraph (d), for “party” (in both places) substitute “ person ”, the existing words “the date of the decree of divorce, to the loss of that support on divorce” become sub-paragraph (i) and after that sub-paragraph insert—

(ii) the date of the decree of dissolution of the civil partnership, to the loss of that support on dissolution,

and

• (e) in paragraph (e), for “party” substitute “ person ”, after first “divorce” insert “ or of the dissolution of the civil partnership, ” and after second “divorce” insert “ or dissolution ”.

• (3) In subsection (2), in the definitions of “economic advantage” and “contributions”, after “marriage” insert “ or civil partnership ”.

16

• (1) Amend section 10 (sharing of value of matrimonial property) as follows.

• (2) In subsection (1)—

• (a) after “property” insert “ or partnership property ”, and

• (b) for “the parties to the marriage” substitute “ persons ”.

• (3) In subsection (2)—

• (a) omit first “matrimonial”,

• (b) for “the parties or either of them” substitute “ one or both of the parties to the marriage or as the case may be of the partners ”,

• (c) in paragraph (a), after “property” insert “ or before the registration of the partnership so far as they relate to the partnership property ”, and

• (d) in paragraph (b), at the end insert “ or partnership ”.

• (4) In subsection (3)—

• (a) in paragraph (a), for “parties” substitute “ persons ”, and

• (b) in paragraph (b), at the end insert “ or for dissolution of the civil partnership ”.

• (5) After subsection (4) insert—

(4A) Subject to subsection (5) below, in this section and in section 11 of this Act “the partnership property” means all the property belonging to the partners or either of them at the relevant date which was acquired by them or by one of them (otherwise than by way of gift or succession from a third party)— (a) before the registration of the partnership for use by them as a family home or as furniture or plenishings for such a home, or (b) during the partnership but before the relevant date.

• (6) In subsection (5)—

• (a) for “party” (in each place) substitute “ person ”, and

• (b) at the end insert “ or partnership property ”.

• (7) In subsection (6)—

• (a) in paragraph (a), for “parties” substitute “ persons ” and at the end insert “ or partnership property ”,

• (b) in paragraph (b), after “property” insert “ or partnership property ”, for “parties” substitute “ persons ” and at the end insert “ or partnership ”,

• (c) in paragraph (c), for “party” substitute “ person ”,

• (d) in paragraph (d), after “property” insert “ or partnership property ” and for “matrimonial” substitute “ family ”, and

• (e) in paragraph (e), at the end insert “ or the dissolution of the civil partnership ”.

• (8) In subsection (7), for “parties” (in both places) substitute “ persons ”.

17

• (1) Amend section 11 (factors to be taken into account) as follows.

• (2) In subsection (2)—

• (a) in paragraph (a), for “party” (in both places) substitute “ person ”, and

• (b) in paragraph (b), after “property” insert “ or the partnership property ”.

• (3) In subsection (3)(g), for “parties” substitute “ persons ”.

• (4) In subsection (4)—

• (a) in each of paragraphs (a) and (c), for “party” substitute “ person ”,

• (b) in paragraph (b), for “party prior to divorce” substitute “ person prior to divorce or to the dissolution of the civil partnership ”, and

• (c) in paragraph (d), for “parties” substitute “ persons ”.

• (5) In subsection (5)—

• (a) in paragraph (a), for “party” substitute “ person ”,

• (b) in paragraph (b), at the end insert “ or of the civil partnership ”,

• (c) in paragraph (c), for “parties during the marriage” substitute “ persons during the marriage or civil partnership ”, and

• (d) in paragraph (d), for “parties” substitute “ persons ”.

• (6) In subsection (6), for “party” substitute “ person ”.

• (7) In subsection (7), after “party” insert “ to the marriage or as the case may be of either partner ”.

18

• (1) Amend section 12 (orders for payment of capital sum or transfer of property) as follows.

• (2) In subsection (1)—

• (a) in paragraph (a), at the end insert “ or of dissolution of a civil partnership ”, and

• (b) in paragraph (b), for “decree of divorce” substitute “ the decree ”.

• (3) In subsection (4), the existing words “either party to the marriage” become paragraph (a) and after that paragraph insert the following paragraph—

(b) either partner,

.

19

• (1) Amend section 12A (orders for payment of capital sum: pensions lump sums) as follows.

• (2) In subsection (1)—

• (a) for “(“the liable party”)” substitute “ or a partner in a civil partnership (“the liable person”) ”, and

• (b) in paragraph (a), after “property” insert “ or the partnership property ” and for “party” substitute “ person ”.

• (3) In subsection (2), for “(“the other party”)” substitute “ or as the case may be to the other partner (“the other person”) ”.

• (4) In each of subsections (3) to (8), for “party”, wherever it occurs, substitute “ person ”.

20

• (1) Amend section 13 (orders for periodical allowance) as follows.

• (2) In subsection (1)—

• (a) in paragraph (a), at the end insert “ or of dissolution of a civil partnership ”,

• (b) in paragraph (b), for “decree of divorce” substitute “ the decree ”, and

• (c) in paragraph (c), for “decree of divorce” substitute “ such decree ”.

• (3) In subsection (4), after “executor” insert “ , or as the case may be either partner or his executor, ”.

• (4) in subsection (7)—

• (a) in paragraph (a), for “party” substitute “ person ” and for “party's” substitute “ person's ”, and

• (b) for paragraph (b) substitute—

(b) shall cease to have effect on the person receiving payment— (i) marrying, (ii) entering into a civil partnership, or (iii) dying, except in relation to any arrears due under it.

.

21

• (1) Amend section 14 (incidental orders) as follows.

• (2) In subsection (1), at the end insert “ or of dissolution of a civil partnership ”.

• (3) In subsection (2)—

• (a) in paragraph (c), after “marriage” insert “ , or as the case may be the partners, ”,

• (b) in paragraph (d), the existing words “the matrimonial home” become sub-paragraph (i), after that sub-paragraph insert “ or ” and the following sub-paragraph—

(ii) the family home of the partnership,

,

and for “party to the marriage” substitute “ person ”,

• (c) in paragraph (e), for “parties” substitute “ persons ”, the existing words “the matrimonial home” become sub-paragraph (i) and after that sub-paragraph insert “ or ” and the following sub-paragraph—

(ii) the family home of the partnership,

,

• (d) in paragraph (g), for “party to the marriage” substitute “ person ”, and

• (e) in paragraph (h), at the end insert “ or in any corresponding settlement in respect of the civil partnership ”.

• (4) In subsection (3), for “decree of divorce” substitute “ the decree ”.

• (5) After subsection (5) insert—

(5A) So long as an incidental order granting a partner in a civil partnership the right to occupy a family home or the right to use furnishings and plenishings therein remains in force then— (a) section 102(1), (2), (5)(a) and (9) of the Civil Partnership Act 2004, and (b) subject to section 15(3) of this Act, section 111 of that Act, shall, except to the extent that the order otherwise provides, apply in relation to the order in accordance with subsection (5B). (5B) Those provisions apply— (a) as if that partner were a non-entitled partner and the other partner were an entitled partner within the meaning of section 101 or 106(2) of that Act as the case may require, (b) as if the right to occupy a family home under that order were a right specified in paragraph (a) or (b) of section 101(1) of that Act, and (c) with any other necessary modification.

• (6) In subsection (7), at the end insert “ or of dissolution of a civil partnership ”.

22

• (1) Amend section 16 (agreements on financial provision) as follows.

• (2) In subsection (1)—

• (a) after “marriage” insert “ or the partners in a civil partnership ”, and

• (b) after “divorce” insert “ or on dissolution of the civil partnership ”.

• (3) In subsection (3)—

• (a) after “marriage” insert “ or the partners in a civil partnership ”,

• (b) after first “divorce” insert “ or on dissolution of the civil partnership ”,

• (c) in paragraphs (a) to (c), for “party” and “party's” (in each place) substitute, respectively, “ person ” and “ person's ”, and

• (d) after second “divorce” insert “ or of dissolution of the civil partnership ”.

23

• (1) Amend section 17 (financial provision on declarator of nullity of marriage) as follows.

• (2) In subsection (1)—

• (a) after first “marriage” insert “ or of a civil partnership ”,

• (b) after first “divorce” insert “ or for dissolution of a civil partnership ”,

• (c) after second “marriage” insert “ and “action for dissolution of a civil partnership” includes an action for declarator of nullity of a civil partnership ”, and

• (d) for “and “divorce”” substitute “ , “divorce” and “dissolution of a civil partnership” ”.

• (3) In subsection (2)—

• (a) after first “marriage” insert “ or of nullity of a civil partnership ”, and

• (b) at the end insert “ or civil partnership ”.

24

In section 18(1) (orders relating to avoidance transactions), for “party” (in both places) substitute “ person ”.

25

In section 21 (award of aliment or custody where divorce or separation refused)—

• (a) for “or separation” substitute “ , separation or dissolution of a civil partnership ”, and

• (b) for “parties” substitute “ persons ”.

26

• (1) In section 22 (expenses of action)—

• (a) for “party to a marriage” substitute “ person ”,

• (b) for paragraph (a) substitute—

(a) an action for aliment brought— (i) by either party to a marriage, or (ii) by either party in a civil partnership, on his own behalf against the other party or partner,

,

• (c) in paragraph (b), after “separation” insert “ (whether of the parties to a marriage or the civil partners in a civil partnership) ”,

• (d) after paragraph (b) insert—

(bb) an action for dissolution of a civil partnership, declarator that a civil partnership exists or declarator of nullity of a civil partnership,

, and

• (e) after fifth “marriage” insert “ or the other partner in the civil partnership ”.

27

In section 24(1) (marriage not to affect property rights or legal capacity)—

• (a) after fifth “marriage” insert “ or civil partnership ”,

• (b) in paragraph (a), after “marriage” insert “ , or as the case may be the partners in the civil partnership, ”, and

• (c) in paragraph (b), for “the parties to the marriage” substitute “ those parties or partners ”.

28

• (1) Amend section 25 (presumption of equal shares in household goods) as follows.

• (2) In subsection (1)—

• (a) after first and third “marriage” insert “ or civil partnership ”, and

• (b) after second “marriage” insert “ or the partners in a civil partnership ”,

• (3) In subsection (2), the existing words “the parties were married” become paragraph (a) and after that paragraph insert—

(b) the partners were in civil partnership,

, and

• (4) In subsection (3)—

• (a) for “in any matrimonial” substitute “ or civil partnership in any family ”, and

• (b) after second “marriage” insert “ or the partners ”.

29

In section 26 (presumption of equal shares in money and property derived from housekeeping allowance)—

• (a) after first “marriage” insert “ or civil partnership ”,

• (b) after second “marriage” insert “ or as the case may be of a partner in a civil partnership ”, and

• (c) after second and third “party” insert “ or partner ”.

30

In section 27(1) (interpretation)—

• (a) at the appropriate places insert—

“civil partnership”, in relation to an action for declarator of nullity of a civil partnership, means purported civil partnership,

,

“partner”, in relation to a civil partnership, includes a person who has a partner in a civil partnership which has been terminated and an ostensible partner in a civil partnership which has been annulled,

, and

• (b) in the definition of “family”, at the end insert “ and in relation to a civil partnership means the members of the civil partnership together with any child accepted by them both as a child of the family. ”

Part 3 — Amendments of the Bankruptcy (Scotland) Act 1985 (c. 66)

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Part 4 — Miscellaneous amendments

Damages (Scotland) Act 1976 (c. 13)

42

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Marriage (Scotland) Act 1977 (c. 15)

43

Amend section 3 (notice of intention to marry) as follows—

• (a) in subsection (1), after paragraph (a) insert—

(aa) if he has previously been in civil partnership and the civil partnership has been dissolved, a copy of the decree of dissolution or annulment;

, and

• (b) in subsection (2), after “paragraph (a)” insert “ , (aa) ”.

44

In section 5(4)(b) (ground on which there is a legal impediment to a marriage), at the end insert “ or in civil partnership ”.

Presumption of Death (Scotland) Act 1977 (c. 27)

45

• (1) Amend section 1(3) (jurisdiction of Court of Session to entertain action of declarator) as follows.

• (2) In paragraph (b)(i), after “spouse” insert “ or civil partner ”.

• (3) After paragraph (b) insert

; or (c) in a case where the pursuer in the action is the civil partner of the missing person, the following conditions are met— (i) the two people concerned registered as civil partners of each other in Scotland; and (ii) it appears to the court to be in the interests of justice to assume jurisdiction in the case.

46

• (1) Amend section 3 (effect of decree) as follows.

• (2) In subsection (1), after “marriage” insert “ or of a civil partnership ”.

• (3) In subsection (3)—

• (a) after first “marriage” insert “ or civil partnership ”, and

• (b) for “the dissolution of the marriage” substitute “ its dissolution ”.

Administration of Justice Act 1982 (c. 53)

47

In section 13(1) (interpretation), in the definition of “relative”, after paragraph (a) insert—

(aa) the civil partner or former civil partner;

.

Rent (Scotland) Act 1984 (c. 58)

48

In Schedule 1 (statutory tenants by succession)—

• (a) in paragraph 2, after “spouse” (in both places) insert “ or civil partner ” and after “spouse's” insert “ or civil partner's ”, and

• (b) in paragraph 6, after “spouse” (in both places) insert “ or civil partner ”.

49

In Schedule 1A (statutory or statutory assured tenants by succession: certain cases), in paragraph 2—

• (a) in sub-paragraph (1), after “spouse” (in both places) insert “ or civil partner ” and after “spouse's” insert “ or civil partner's ”,

• (b) in sub-paragraph (2), at the end insert “ and a person who was living with the original tenant in a relationship which had the characteristics of the relationship between civil partners shall be treated as the civil partner of the original tenant ”, and

• (c) in sub-paragraph (3), after “couples)” insert “ or under section 101 of the Civil Partnership Act 2004 ” and after “spouse” insert “ , or as the case may be as the surviving civil partner, ”.

Mental Health (Scotland) Act 1984 (c. 36)

50

• (1) Amend section 53 (definition of “relative” and “nearest relative”) as follows.

• (2) In subsection (1)(a), at the end insert “ or civil partner ”.

• (3) In subsection (4)—

• (a) in paragraph (b), for “or wife” substitute “ , wife or civil partner ” and after “spouse” insert “ or civil partner ”, and

• (b) in paragraph (c), after “wife,” insert “ civil partner, ”.

• (4) After subsection (5) insert—

(5A) In this section “civil partner” includes a person who is living with the patient in a relationship which has the characteristics of the relationship between civil partners (or, if the patient is for the time being an in-patient in a hospital, was so living until the patient was admitted), and has been or had been so living for a period of not less than 6 months; but a person shall not be treated by virtue of this subsection as the nearest relative of a partner in a civil partnership unless the civil partner of the patient is disregarded by virtue of paragraph (b) of subsection (4) of this section.

• (5) In subsection (6)(b)—

• (a) after “married patient” insert “ or of a partner in a civil partnership ”, and

• (b) after “wife” insert “ , or as the case may be the civil partner, ”.

51

In section 54 (children and young persons in care of local authority), for “or wife” substitute “ , wife or civil partner ”.

Housing Associations Act 1985 (c. 69)

52

• (1) Amend section 105 (meaning of “member of a person’s family”) as follows.

• (2) In subsection (1)(a)—

• (a) after “spouse” insert “ or civil partner ”, and

• (b) at the end insert “ or in a relationship which has the characteristics of the relationship between civil partners ”.

• (3) In subsection (2)(a), after “a relationship by marriage” insert “ or civil partnership ”.

Debtors (Scotland) Act 1987 (c. 18)

53

In section 106 (interpretation), in paragraph (a) of the definition of “maintenance order”—

• (a) after “divorce” insert “ or on dissolution of a civil partnership ”, and

• (b) after “marriage” insert “ or of nullity of a civil partnership ”.

Housing (Scotland) Act 1987 (c. 26)

54

In section 83 (“members of a person’s family”)—

• (a) in subsection (1)(a), after “spouse” insert “ or civil partner ”,

• (b) in subsection (2)(a), after “marriage” insert “ or by virtue of civil partnership ”, and

• (c) in subsection (3), after “references to” insert “ that person’s civil partner or to ”.

Civil Evidence (Scotland) Act 1988 (c. 32)

55

• (1) Amend section 8 (evidence in actions concerning family relationships, etc.) as follows.

• (2) In subsection (2), for “separation or declarator of marriage, nullity of marriage” substitute “ for dissolution of civil partnership, for separation of spouses or of civil partners, for declarator of marriage or of nullity of marriage or of civil partnership or for ”.

• (3) After subsection (3) insert—

(3A) Subject to subsection (4) below, in any action for dissolution of civil partnership, separation of civil partners or declarator of nullity of civil partnership, the evidence referred to in subsection (1) above shall consist of or include evidence other than that of a partner in the civil partnership (or purported civil partnership).

• (4) In subsection (4), after “(3)” insert “ or (3A) ”.

Housing (Scotland) Act 1988 (c. 43)

56

• (1) Amend section 31 (right of succession of spouse) as follows.

• (2) In subsection (1), after “spouse” (in both places) insert “ or civil partner ”.

• (3) In subsection (3)(b), after “spouse” insert “ or civil partner ”.

• (4) In subsection (4)—

• (a) the existing words from “as his” to the end become paragraph (a), and

• (b) after that paragraph insert the following paragraph—

(b) in a relationship which had the characteristics of the relationship between civil partners shall be treated as the tenant’s civil partner

.

57

In Part 1 of Schedule 5 (grounds on which sheriff must order possession), in paragraph (b) of ground 1, after “spouse's” insert “ or civil partner's ”.

Crofters (Scotland) Act 1993 (c. 44)

58

In section 61(2) (interpretation), for “or husband” substitute “ , husband or civil partner ”.

Civil Evidence (Family Mediation) (Scotland) Act 1995 (c. 6)

59

In section 1(2) (inadmissibility in civil proceedings of information as to what occurred during family mediation), after paragraph (c) insert the following paragraph—

(cc) between partners in a civil partnership or persons in a purported civil partnership concerning matters arising out of the breakdown or termination of their relationship,

.

Children (Scotland) Act 1995 (c. 36)

60

• (1) Amend section 12 (restrictions on decrees for divorce, separation or annulment affecting children) as follows.

• (2) In subsection (1), the existing words “divorce, judicial separation, or declarator of nullity of marriage” become paragraph (a) and after that paragraph insert “ or ” and the following paragraph—

(b) dissolution or declarator of nullity of a civil partnership or separation of civil partners,

.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

61

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Sexual Offences (Amendment) Act 2000 (c. 44)

62

In section 3(2)(c) (abuse of position of trust: defence), after “to” insert “ , or in civil partnership with, ”.

Housing (Scotland) Act 2001 (asp 10)

63

In section 31(c) (effect of work on rent)—

• (a) after “spouse” insert “ or civil partner ”, and

• (b) for “husband and wife except that the persons are of the same sex” substitute “ civil partners ”.

64

• (1) Amend section 108 (meaning of “family” etc.) as follows.

• (2) In subsection (1)(a), after “spouse” insert “ or civil partner ”.

• (3) In subsection (2)(a), after “marriage” insert “ or by virtue of civil partnership ”.

65

• (1) Amend Schedule 2 (grounds for recovery of possession of house) as follows.

• (2) In paragraph 5—

• (a) in sub-paragraph (a), after “spouse” insert “ or civil partner ”, and

• (b) in sub-paragraph (b), for “husband and wife except that the persons are of the same sex” substitute “ civil partners ”.

• (3) In paragraph 15—

• (a) in sub-paragraph (a), for “(or former spouse)” substitute “ or civil partner (or former spouse or former civil partner) ”, and

• (b) in sub-paragraph (b), for “husband and wife except that the persons are of the same sex” substitute “ civil partners ”.

66

In Schedule 3 (succession: qualified persons), in paragraph 2(1)(a)—

• (a) in sub-head (i), after “spouse” insert “ or civil partner ”, and

• (b) in sub-head (ii), for “husband and wife except that the persons are of the same sex” substitute “ civil partners ”.

Criminal Justice (Scotland) Act 2003 (asp 7)

67

• (1) Amend section 14 (victim statements) as follows.

• (2) In subsection (10)(a), at the end insert “ or civil partner ”.

• (3) For subsection (11) substitute—

(11) In subsection (10)(b), “cohabitee” means a person who has lived with the victim— (a) as if in a married relationship; or (b) in a relationship which had the characteristics of the relationship between civil partners, for at least six months and was so living immediately before the offence (or apparent offence) was perpetrated.

Agricultural Holdings (Scotland) Act 2003 (asp 11)

68

• (1) Amend section 71 (meaning of “family”) as follows.

• (2) In subsection (2)(a), after “spouse” insert “ or civil partner ”, and

• (3) In subsection (3)(a), after “marriage” insert “ or by virtue of civil partnership ”.

Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13)

69

• (1) Amend section 254 (meaning of “nearest relative”) as follows.

• (2) In subsection (2)(a), at the end insert “ or civil partner ”.

• (3) In subsection (3), after “spouse” insert “ or civil partner ”.

• (4) In subsection (7)(a)(ii), for “husband and wife except that the person and the relevant person are of the same sex” substitute “ civil partners ”.

70

In section 313(5)(a)(ii) (defence in respect of sexual offence), after “spouse” insert “ or civil partner ”.

SCHEDULE 29

Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.))

1

In section 46 (miscellaneous definitions), in subsection (2), after the definition of “barrister-at-law” insert—

“civil partnership” means a civil partnership which exists under the Civil Partnership Act 2004 (and any reference to a civil partner shall be construed accordingly);

.

Trustee Act (Northern Ireland) 1958 (c. 23 (N.I.))

2

• (1) Amend section 32(3)(a) (trust on reaching 18 or marrying under that age of accumulations during infancy) as follows.

• (2) In sub-paragraph (i)—

• (a) after “marries under that age” insert “ or forms a civil partnership under that age ”, and

• (b) for “or until his marriage” substitute “ , or until his marriage or his formation of a civil partnership, ”.

• (3) In sub-paragraph (ii), after “marriage” insert “ , or on formation of a civil partnership, ”.

• (4) In the words after that sub-paragraph, after “marriage” insert “ or formation of a civil partnership ”.

3

• (1) Amend section 34(1)(b) (trust to maintain principal beneficiary and his spouse and issue on failure of protective trust under paragraph (a)(ii)) as follows.

• (2) In sub-paragraphs (i) and (ii), for “wife or husband” substitute “ spouse or civil partner ”.

• (3) In sub-paragraph (ii), after “married” insert “ or formed a civil partnership ”.

Perpetuities Act (Northern Ireland) 1966 (c. 2 (N.I.))

4

• (1) Amend section 3 (uncertainty as to remoteness) as follows.

• (2) In subsection (4)(a), after “spouse” insert “ or civil partner ”.

• (3) In subsection (5)(f), after “spouse” insert “ or civil partner ”.

5

• (1) Amend section 5 (condition relating to death of surviving spouse) as follows.

• (2) After “spouse” insert “ or civil partner ”.

• (3) In the heading to section 5, after “spouse” insert “ or civil partner ”.

Office and Shop Premises Act (Northern Ireland) 1966 (c. 26 (N.I.))

6

In section 2 (exception for premises in which only employer’s relatives or outworkers work), in subsection (1), after “wife” insert “ , civil partner ”.

Maintenance and Affiliation Orders Act (Northern Ireland) 1966 (c. 35 (N.I.))

7

In section 10 (orders to which Part 2 of the Act applies), in subsection (2), after paragraph (h) insert—

(i) paragraph 2(1)(a) or (d), 33, 34(3) or 36(1)(a) or (d) of Schedule 15, Schedule 16, or paragraph 9 of Schedule 17 so far as that paragraph applies Part 1 of Schedule 15, to the Civil Partnership Act 2004;

.

8

• (1) Amend section 13 (variation of orders registered in courts of summary jurisdiction) as follows.

• (2) In subsection (5A), after “1980” insert “ or paragraph 42 of Schedule 16 to the Civil Partnership Act 2004 ”.

• (3) In subsection (7B), after “1989” insert “ or paragraph 9 of Schedule 17 so far as that paragraph applies Part 1 of Schedule 15 ”.

Census Act (Northern Ireland) 1969 (c. 8 (N.I.))

9

In the Schedule (matters of which particulars may be required), in paragraph 5, after “marriage” insert “ or civil partnership ”.

Theft Act (Northern Ireland) 1969 (c. 16 (N.I.))

10

• (1) Amend section 29(1) (effect on civil proceedings and rights) as follows.

• (2) For “wife or husband” substitute “ spouse or civil partner ”.

• (3) For “married after the making of the statement or admission) against the wife or husband” substitute “ married or became civil partners after the making of the statement or admission) against the spouse or civil partner ”.

Industrial and Provident Societies Act (Northern Ireland) 1969 (c. 24 (N.I.))

11

• (1) Amend section 22 (nomination to property in society) as follows.

• (2) In subsection (2), for “husband, wife,” substitute “ spouse, civil partner, ”.

• (3) In subsection (6)—

• (a) for “marriage of” substitute “ formation of a marriage or civil partnership by ”;

• (b) after “before the marriage” insert “ or civil partnership was formed ”;

• (c) for “a marriage contracted” substitute “ the formation of a marriage or civil partnership ”.

12

In the definition of “member of the family” in section 101(1) (interpretation), for “husband, wife,” substitute “ spouse, civil partner, ”.

Land Registration Act (Northern Ireland) 1970 (c. 18 (N.I.))

13

In Schedule 11 (matters required to be registered in the Statutory Charges Register), after paragraph 45 insert—

(46) An order under paragraph 67(2) of Schedule 15 to the Civil Partnership Act 2004 to the extent that by virtue of paragraph 69(1)(b) of that Schedule it renders liable to be set aside at the instance of an applicant for financial relief a disposition of any land in Northern Ireland which is specified in the order.

Leasehold (Enlargement and Extension) Act (Northern Ireland) 1971 (c. 7 (N.I.))

14

In section 1 (general right to acquire fee simple or to obtain extension of lease), in subsection (3)(f)(i) to (iv), after “spouse” insert “ or civil partner ”.

15

In section 19 (restrictions on right to extension of lease or to acquire fee simple), in subsection (1)(a)(i), after “spouse” insert “ or civil partner ”.

Civil Evidence Act (Northern Ireland) 1971 (c. 36 (N.I.))

16

• (1) Amend section 10 (privilege against incrimination of self or spouse).

• (2) In subsection (1), for “husband or wife” substitute “ spouse or civil partner ”.

• (3) In the heading to section 10, after “spouse” insert “ or civil partner ”.

Local Government Act (Northern Ireland) 1972 (c. 9 (N.I.))

17

In section 30 (relatives of councillors), in subsection (6) (relevant family relationship)—

• (a) after “husband and wife” insert “ or civil partners ”;

• (b) after “husband or wife” insert (in both places) “ or civil partner ”.

18

In section 146 (interpretation: pecuniary interests), in subsection (2) (interests of spouses living together)—

• (a) after “spouses” insert (in both places) “ or civil partners ”;

• (b) after “spouse” insert (in both places) “ or civil partner ”.

Employer’s Liability (Defective Equipment and Compulsory Insurance) (Northern Ireland) Order 1972 (S.I. 1972/963 (N.I. 6))

19

In Article 6(a) (persons whom employer is not required to insure) after “husband, wife,” insert “ civil partner, ”.

Births and Deaths Registration (Northern Ireland) Order 1976 (S.I. 1976/1041 (N.I. 14))

20

In Article 2(2) (interpretation), in the definition of “relative”, after “by marriage” insert “ or civil partnership ”.

Sex Discrimination (Northern Ireland) Order 1976 (S.I. 1976/1042 (N.I. 15))

21

In Article 2(6) (meaning of “near relative”)—

• (a) after “wife or husband” (in both places) insert “ or civil partner ”, and

• (b) for “by affinity)” substitute “ by marriage or civil partnership) ”.

Pharmacy (Northern Ireland) Order 1976 (S.I. 1976/1213 (N.I. 22))

22

In Article 3(3)(e)(iii) (objects of Pharmaceutical Society include providing relief for distressed relatives), for “widows,” substitute “ surviving spouses, surviving civil partners, ”.

Criminal Damage (Northern Ireland) Order 1977 (S.I. 1977/426 (N.I. 4))

23

• (1) Amend Article 11 (evidence in connection with offences under the Order) as follows.

• (2) For “wife or husband” substitute “ spouse or civil partner ”.

• (3) For “married after the making of the statement or admission) against the wife or husband” substitute “ married or became civil partners after the making of the statement or admission) against the spouse or civil partner ”.

Judicature (Northern Ireland) Act 1978 (c. 23)

24

In section 31 (remittal and removal of proceedings), in subsection (7)(b), after “1882” insert “ or section 191 of the Civil Partnership Act 2004 ”.

25

• (1) Amend section 35(2) (restrictions on appeals to Court of Appeal from High Court) as follows.

• (2) After paragraph (e) insert—