Civil Partnership Act 2004
(ea) from a dissolution order, nullity order or presumption of death order under Chapter 2 of Part 4 of the Civil Partnership Act 2004 that has been made final, by a party who, having had time and the opportunity to appeal from the conditional order on which the final order was founded, has not appealed from that conditional order;
.
- (3) In paragraph (g)(iv), after “matrimonial cause” insert “ , a conditional order in a civil partnership cause ”.
26
- (1) Amend section 94A (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 ”.
Health and Safety at Work (Northern Ireland) Order 1978 (S.I. 1978/1039 (N.I. 9))
27
In Article 22 (powers of inspectors), in paragraph (7), for “husband or wife” substitute “ spouse or civil partner ”.
Matrimonial Causes (Northern Ireland) Order 1978 (S.I. 1978/1045 (N.I. 15))
28
- (1) Insert after Article 2(4)—
(4A) References in this Order to the formation of a civil partnership by a person include references to a civil partnership which is by law void or voidable.
29
In Article 13 (grounds on which marriage is void), at the end of paragraph (1)(d) insert “ or a civil partner ”.
30
- (1) Amend Article 17 (marriages governed by foreign law or celebrated abroad under certain enactments or common law) as follows.
- (2) In paragraph (1), at the beginning insert “ Subject to paragraph (3) ”.
- (3) After paragraph (2) insert—
(3) No marriage is to be treated as valid by virtue of paragraph (1) if, at the time when it purports to have been celebrated, either party was already a civil partner.
31
- (1) Amend Article 30 (duration of continuing financial provision orders in favour of party to marriage, and effect of remarriage) as follows.
- (2) In paragraph (1)(a) and (b) after “remarriage of” insert “ , or formation of a civil partnership by, ”.
- (3) In paragraph (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 paragraph (3), after “remarries whether at any time before or after the commencement of this Article”, insert “ or forms a civil partnership ”.
- (5) In the heading to Article 30, after “remarriage” insert “ or formation of civil partnership ”.
32
In Article 37 (alteration of agreements by court during lives of parties), in paragraph (4)(a) and (b), after “remarriage of” insert “ , or formation of a civil partnership by, ”.
33
- (1) Amend Article 40 (orders for repayment in certain cases of sums paid after cessation of order by reason of remarriage) as follows.
- (2) In paragraph (1)—
- (a) in sub-paragraph (a), after “remarriage of” insert “ , or formation of a civil partnership by, ”, and
- (b) in sub-paragraph (b), after “remarriage” insert “ or formation of the civil partnership ”.
- (3) In paragraph (6)—
- (a) in sub-paragraph (a), after “remarriage of” insert “ , or formation of a civil partnership by, ”, and
- (b) in the words following sub-paragraph (b), after “had remarried” insert “ or formed a civil partnership ”.
- (4) In the heading to Article 40, after “remarriage” insert “ or formation of civil partnership ”.
Rehabilitation of Offenders (Northern Ireland) Order 1978 (S.I. 1978/1908 (N.I. 27))
34
In Article 8 (limitations on rehabilitation), in paragraph (2)(c), after “marriage,” insert “ civil partnership, ”.
Criminal Appeal (Northern Ireland) Act 1980 (c. 47)
35
In section 47A (appeals in cases of death), in subsection (3)(a), after “widower” insert “ or surviving civil partner ”.
County Courts (Northern Ireland) Order 1980 (S.I. 1980/397 (N.I. 3))
36
In Article 10 (general civil jurisdiction), after paragraph (3) insert—
(3A) Except as provided by the Civil Partnership Act 2004, a county court which is not a civil partnership proceedings county court shall not have jurisdiction to hear any cause or matter to which that Act applies.
37
In Article 14 (jurisdiction in equity matters), in paragraph (j), after “1882” insert “ or section 191 of the Civil Partnership Act 2004 ”.
38
In Article 39 (capacity of parties), in paragraph (2)(d), after “marriage, death or bankruptcy of” insert “ , or the formation of a civil partnership by, ”.
Domestic Proceedings (Northern Ireland) Order 1980 (S.I. 1980/563 (N.I. 5))
39
In Article 6 (duration of orders for financial provision for a party to a marriage), in paragraph (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 ”.
40
- (1) Amend Article 40 (orders for repayment in certain cases of sums paid after cessation of order by reason of remarriage) as follows.
- (2) In paragraph (1)—
- (a) in sub-paragraph (a), after “remarriage of” insert “ , or formation of a civil partnership by, ”, and
- (b) in sub-paragraph (b), after “that remarriage” insert “ or the formation of that civil partnership ”.
- (3) In paragraph (8)—
- (a) in sub-paragraph (a), after “remarriage of” insert “ , or formation of a civil partnership by, ”, and
- (b) in the words following sub-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 Article 40, after “remarriage” add “ or formation of civil partnership ”.
Judgments Enforcement (Northern Ireland) Order 1981 (S.I. 1981/226 (N.I. 6)
41
In Article 4 (judgments to which Order applies), in paragraph (e), after “1980” insert “ or Part 1, 2 or 6 of Schedule 16 to the Civil Partnership Act 2004 ”.
42
In Article 6 (judgments to which Order does not apply), in paragraph (c), after “matrimonial jurisdiction” insert “ or by the High Court or a civil partnership proceedings county court in the exercise of its civil partnership jurisdiction ”.
43
In Article 7 (The Enforcement of Judgments Office), in paragraph (3), after “domestic” insert “ or civil partnership ”.
44
In Article 25 (taking custody of goods under a money judgment), in paragraph (2)(b), after “spouse” insert “ or civil partner ”.
45
In Article 32 (property which may be seized), in paragraph (d), after “spouse” (in each place) insert “ or civil partner ”.
46
In Article 33 (property exempt from seizure), in paragraph (a), after “spouse” (in each place) insert “ or civil partner ”.
47
In Article 36 (where seizure may be effected), in paragraph (a)(i), after “spouse” insert “ or civil partner ”.
48
In Article 38 (power of entry under order of seizure), after “spouse” insert “ or civil partner ”.
49
In Article 44 (interpleader), in paragraph (1), after “spouse” insert “ or civil partner ”.
50
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
51
- (1) Amend Article 98 (power of courts to make attachment of earnings orders) as follows.
- (2) In paragraph (a)(i), after “matrimonial” insert “ or civil partnership ”.
- (3) In paragraph (a)(ii), after “matrimonial jurisdiction” insert “ or a civil partnership proceedings county court in the exercise of its civil partnership jurisdiction ”.
52
- (1) Amend Article 107 (committal for default) as follows.
- (2) In paragraph (1)(c), after “matrimonial jurisdiction” insert “ or by the High Court or a civil partnership proceedings county court in the exercise of its civil partnership jurisdiction ”.
- (3) In paragraph (2)(a)(ii), after “matrimonial” insert “ or civil partnership ”.
Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 (S.I. 1981/228 (N.I. 8))
53
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
54
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26))
55
In Article 85 (orders for periodical payment: means of payment), in paragraph (8)(a)(ii), after “1980” insert “ , the Civil Partnership Act 2004 ”.
56
In Article 86 (revocation, variation, etc., of orders for periodical payment), in paragraph (1), after “1980” insert “ and paragraph 42 of Schedule 16 to the Civil Partnership Act 2004 ”.
57
In Article 88 (nature of domestic proceedings), after paragraph (dh), insert—
(di) under paragraph 54 of Schedule 15 to the Civil Partnership Act 2004 or under Schedule 16 to that Act;
.
58
In Article 98 (enforcement of orders for periodical payment of money), in paragraph (11)(i), after “1980” insert “ or Schedule 16 to the Civil Partnership Act 2004 ”.
59
In Article 99 (enforcement of orders for payment of money other than periodical payments), in paragraph (11), after “1980” insert “ or Part 1, 2 or 6 of Schedule 16 to the Civil Partnership Act 2004 ”.
60
In Article 143 (appeals in other cases), after paragraph (3) insert—
(4) Paragraph (1) is also subject to paragraph 8(2) of Schedule 16 to the Civil Partnership Act 2004 and Article 31(1) of the Domestic Proceedings (Northern Ireland) Order 1980 as applied by paragraph 46 of that Schedule.
61
In Article 164 (appearance by counsel or solicitor), in paragraph (3), for “husband, wife” substitute “ spouse, civil partner ”.
Criminal Attempts and Conspiracy (Northern Ireland) Order 1983 (S.I. 1983/1120 (N.I. 13))
62
In Article 10 (exemptions from liability for conspiracy), in paragraph (2)(a), after “spouse” insert “ or civil partner ”.
Forfeiture (Northern Ireland) Order 1982 (S.I. 1982/1082 (N.I. 14))
63
In Article 5 (application for financial provision not affected by the forfeiture rule), at the end of paragraph (2)(b) insert
and (c) paragraphs 53 (variation of secured periodical payments order) and 66 (alteration of maintenance agreements by court) of Schedule 15 to the Civil Partnership Act 2004
.
Family Law (Miscellaneous Provisions) (Northern Ireland) Order 1984 (S.I. 1984/1984 (N.I. 14))
64
- (1) Amend Article 18 (prohibited degrees of relationship) as follows.
- (2) In paragraph (1), for the words from “between a man” to “that Table” substitute “ between a person and any person mentioned in the list in Part 1 of the following Table ”.
- (3) For the Table in paragraph (1) substitute—
Adoptive child Adoptive parent Child Former adoptive child Former adoptive parent Grandparent Grandchild Parent Parent’s sibling Sibling Sibling’s child Child of former civil partner Child of former spouse Former civil partner of grandparent Former civil partner of parent Former spouse of grandparent Former spouse of parent Grandchild of former civil partner Grandchild of former spouse Parent of former spouse Parent of former civil partner Former spouse of child Former civil partner of child
.
- (4) In paragraph (2)—
- (a) in sub-paragraph (b), for the words “brother or sister” substitute “ sibling ”;
- (b) in sub-paragraph (c), after the word “marriage” insert “ or civil partnership ”.
- (5) In paragraph (2A), for the words from “between a man” to “that Part II” substitute “ between a person and any person mentioned in the list in Part 2 of that Table ”.
- (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Credit Unions (Northern Ireland) Order 1985 (S.I. 1985/1205 (N.I. 12))
65
- (1) Amend Article 2(2) (interpretation) as follows.
- (2) After the definition of “board of directors” insert—
“civil partner” includes former civil partner;
.
- (3) In the definition of “member of the family”—
- (a) in paragraphs (a), (b) and (c), after “spouse” insert “ or civil partner ”, and
- (b) in paragraph (ii), for “a child born in wedlock” substitute “ the legitimate child of the relationship in question ”.
66
- (1) Amend Article 17 (nomination to property in credit union) as follows.
- (2) In paragraph (2), after “wife,” insert “ civil partner, ”.
- (3) In paragraph (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 ”.
Mental Health (Northern Ireland) Order 1986 (S.I. 1986/595 (N.I. 4))
67
- (1) Amend Schedule 1 (persons by whom a medical recommendation or medical report under Article 12 may not be given) as follows.
- (2) In paragraph 3, after “spouse,” insert “ civil partner, ”.
- (3) In paragraph 4, after “spouse” insert “ or civil partner ”.
Companies (Northern Ireland) Order 1986 (S.I. 1986/1032 (N.I. 6))
68
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69
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
70
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
71
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
72
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
73
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74
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75
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Enduring Powers of Attorney (Northern Ireland) Order 1987 (S.I. 1987/1627 (N.I. 16))
76
In Article 5 (scope of authority etc. of attorney under enduring power), in paragraph (5)(a), for “or marriage” substitute “ marriage or the formation of a civil partnership ”.
77
- (1) Amend paragraph 2(1) of Schedule 1 (persons entitled to receive notice) as follows.
- (2) In head (a), after “wife” insert “ or civil partner ”.
- (3) In head (e), after “widower” insert “ or surviving civil partner ”.
78
Paragraphs 76 and 77 apply in relation to the exercise of powers under enduring powers of attorney created before the passing of this Act as well as to those created on or after its passing.
Matrimonial and Family Proceedings (Northern Ireland) Order 1989 (S.I. 1989/677 (N.I. 4))
79
- (1) Amend Article 16 (applications for financial relief after overseas divorce etc.) as follows.
- (2) In paragraph (2) (no application may be made after remarriage), for “remarries” substitute “ forms a subsequent marriage or civil partnership, ”.
- (3) For paragraph (3) substitute—
(3) The reference in paragraph (2) 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.
Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19))
80
- (1) Amend Article 4 (meaning of “associate”) as follows.
- (2) For paragraph (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 paragraph (3), after “husband or wife” insert “ or civil partner ”.
- (4) In paragraph (8), at the end insert “ and references to a civil partner include a former civil partner ”.
81
In Article 179 (proceedings under Article 177 and 178), in paragraph (3)(b), after “marriage” insert “ or the formation of a civil partnership ”.
82
In Article 286 (charge on bankrupt’s home), in paragraph (1), after “former spouse” insert “ or by his civil partner or former civil partner ”.
83
- (1) Amend Article 302 (debts to spouse) as follows.
- (2) In paragraph (1), after “spouse” (in each place) insert “ or civil partner ”.
- (3) In the heading to Article 302, after “spouse” insert “ or civil partner ”.
84
In Article 305 (saving for bankrupt’s home), in paragraph (1), after “former spouse” insert “ or by his civil partner or former civil partner ”.
85
In Article 312 (transactions at an undervalue), in paragraph (3)(b), after “marriage” insert “ or the formation of a civil partnership ”.
86
In Article 337 (inquiry into bankrupt’s dealings and property), in paragraph (1)(a), after “former spouse” insert “ or civil partner or former civil partner ”.
87
In Article 367 (transactions defrauding creditors), in paragraph (1)(b), after “marriage” insert “ or the formation of a civil partnership ”.
Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12))
88
- (1) Amend Article 79 (compellability of accused’s spouse) as follows.
- (2) In paragraphs (2), (2A) and (3), for “wife or husband” (in each place) substitute “ spouse or civil partner ”.
- (3) After paragraph (5) insert—
(5A) In any criminal 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 Article 79, after “accused’s spouse” insert “ or civil partner ”.
89
In Article 79A (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 (Northern Ireland) Order 1990 (S.I. 1990/593 (N.I. 5))
90
In Article 54 (meaning of “associate”), in paragraph (2)(a) after “spouse” insert “ or civil partner ”.
Food Safety (Northern Ireland) Order 1991 (S.I. 1991/762 (N.I. 7))
91
In Article 42 (continuance of registration or licence on death), in paragraph (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 expiration of— (a) the period of 3 months from the date of the deceased’s death
.
Industrial Relations (Northern Ireland) Order 1992 (S.I.1992/807 (N.I.5))
92
In Article 23 (recovery of sums awarded in proceedings involving trade unions and employers' associations), in the definition of “provident benefits” in paragraph (3), for “wife” substitute “ spouse or civil partner ”.
Pension Schemes (Northern Ireland) Act 1993 (c. 49)
93
In section 97E (discharge of liability where pension credit or alternative benefits secured by insurance policies or annuity contracts), in subsection (1)(b), after “or widower” insert “ or civil partner ”.
Family Law (Northern Ireland) Order 1993 (S.I. 1993/1576 (N.I. 6))
94
- (1) In Article 12 (family proceedings rules), amend paragraph (3)(g) as follows.
- (2) After “1978” insert “ or a civil partnership cause within the meaning of section 190(3) of the Civil Partnership Act 2004 ”.
- (3) After “that Article 48” insert (in both places) “ that section 190(3) ”.
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2))
95
In Article 8 (residence, contact and other orders with respect to children), after paragraph (4)(h) insert—
(i) Chapter 2 of Part 4 of, or Schedule 15, 16 or 17 to, the Civil Partnership Act 2004
.
96
In Article 50 (care orders and supervision orders), in paragraph (4), for “married)” substitute “ married or a civil partner) ”.
97
In Article 67 (powers to assist in discovery of children who may be in need of emergency protection), in paragraph (2), after “spouse” insert “ or civil partner ”.
98
In Article 69 (recovery of abducted children, etc.), in paragraph (11), after “spouse” insert “ or civil partner ”.
99
In Article 166 (appeals), at the end of paragraph (2)(b) insert
or (c) where the county court is a civil partnership proceedings county court exercising jurisdiction under the Civil Partnership Act 2004 in the same proceedings
.
100
In Article 171 (self-incrimination), in paragraph (2), after “spouse” insert “ or civil partner ”.
Trade Union and Labour Relations (Northern Ireland) Order 1995(S.I.1995/1980 (N.I.12))
101
In Article 125 (intimidation or annoyance by violence or otherwise), in paragraph (1)(a), for “wife” substitute “ spouse or civil partner ”.
Employment Rights (Northern Ireland) Order 1996 (S.I. 1996/1919 (N.I. 16))
102
In Article 85A (time off for dependants), in paragraph (3)(a), after “spouse” insert “ or civil partner ”.
103
In Article 248 (institution or continuance of tribunal proceedings), in paragraph (5)(b), for “widow or widower” substitute “ surviving spouse, surviving civil partner ”.
Registration of Clubs (Northern Ireland) Order 1996 (S.I. 1996/3159 (N.I. 23))
104
In Schedule 1 (provisions to be included in rules of club), in paragraph 11, for “husband, wife” substitute “ spouse, civil partner ”.
Race Relations (Northern Ireland) Order 1997 (S.I. 1997/869 (N.I. 6))
105
In Article 23(7) (exceptions: meaning of “near relative”)—
- (a) after “spouse” (in both places) insert “ or civil partner ”, and
- (b) for “by affinity)” substitute “ by marriage or civil partnership) ”.
Fair Employment and Treatment (Northern Ireland) Order 1998 (S.I. 1998/3162 (N.I. 21))
106
In Article 30(7) (exceptions: meaning of “near relative”)—
- (a) after “spouse” insert “ or civil partner ”, and
- (b) for “by affinity)” substitute “ by marriage or civil partnership) ”.
107
In Article 69(3)(c) (interpretation: connected person), after “wife or husband” (in each place) substitute “ or civil partner ”.
Welfare Reform and Pensions (Northern Ireland) Order 1999 (S.I. 1999/3147 (N.I. 11))
108
- (1) Amend Article 21 (supply of pension information in connection with divorce etc.) as follows.
- (2) After paragraph (1)(a)(i) insert—
(ia) financial relief under Schedule 15 or 17 to the Civil Partnership Act 2004 (powers in relation to domestic and overseas dissolution of civil partnerships etc.);
.
- (3) In paragraph (1)(a)(ii), after “1984” insert “ or Schedule 5 or 7 to the 2004 Act ”.
- (4) In paragraph (1)(a)(iii), after “1984” insert “ or Schedule 11 to the 2004 Act ”.
- (5) In paragraph (1)(b), after “(a)(i)” insert “ , (ia) ”.
109
- (1) Amend Article 22 (charges by pension arrangements in relation to earmarking orders) as follows.
- (2) After paragraph (a) insert—
(aa) an order under Part 1 of Schedule 15 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 5 of that Schedule (powers to include provision about pensions),
.
- (3) At the end of paragraph (b) omit “or” and after that paragraph insert—
(bb) an order under Part 1 of Schedule 5 to the 2004 Act so far as it includes provision made by virtue of Part 6 of that Schedule (England and Wales powers corresponding to those mentioned in paragraph (aa)), or
.
110
- (1) Amend Article 25 (activation of pension sharing) as follows.
- (2) After paragraph (1)(a) insert—
(aa) a pension sharing order under Schedule 15 to the Civil Partnership Act 2004,
.
- (3) After paragraph (1)(b) insert—
(ba) 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 (aa),
.
111
- (1) Amend Article 31 (“implementation period”) as follows.
- (2) In paragraph (1)(b)(i), omit “matrimonial”.
- (3) In paragraph (2)—
- (a) omit “matrimonial”, and
- (b) in sub-paragraph (b), after “divorce” insert “ , dissolution ”.
112
- (1) Amend Article 45 (activation of benefit sharing) as follows.
- (2) After paragraph (1)(a) insert—
(aa) a pension sharing order under Schedule 15 to the Civil Partnership Act 2004,
.
- (3) After paragraph (1)(b) insert—
(ba) 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 (aa),
.
Housing (Northern Ireland) Order 2003 (S.I. 2003/412 (N.I. 2))
113
In Article 85 (meaning of exempt disposal), after paragraph (3)(d) insert—
(e) Part 2 of Schedule 15 or 17 to the Civil Partnership Act 2004;.
Marriage (Northern Ireland) Order 2003 (S.I. 2003/413 (N.I. 3))
114
- (1) Amend Article 5 (power to require evidence) as follows.
- (2) In paragraph (3)(c), after “marital” insert “ and civil partnership ”.
- (3) After paragraph (3) insert—
(4) In paragraph (3)(c), “marital and civil partnership status”, in relation to a person, means whether that person has previously formed a marriage or a civil partnership, and if so, whether that marriage or civil partnership has ended.
115
In Article 6 (objections), in paragraph (6)(b), after “married” insert “ or a civil partner ”.
Access to Justice (Northern Ireland) Order 2003 (S.I. 2003/435 (N.I. 10))
116
In Article 39 (conditional fee agreements: supplementary), in paragraph (2) (definition of “family proceedings”), after sub-paragraph (f) insert—
(g) Chapter 2 of Part 4 of, or Schedules 15, 16 or 17 to the Civil Partnership Act 2004,
. In Schedule 2 (civil legal services: excluded services), in paragraph 2(d)(i), after “1998” insert “ or Schedule 16 to the Civil Partnership Act 2004 ”.
Firearms (Northern Ireland) Order 2004 (S.I. 2004/702 (N.I. 3))
117
In Article 2(2) (interpretation), in the definition of “relative”—
- (a) in paragraphs (a) and (b), for “spouse or former spouse” substitute “ spouse, former spouse, civil partner or former civil partner ”;
- (b) after “as husband and wife” insert “ or as if they were civil partners ”;
- (c) after “married to each other” insert “ or were civil partners of each other ”.
SCHEDULE 30
Formation of civil partnership by registration
Modified procedures for certain non-residents
6A
- (1) The Secretary of State may by regulations make provision for and in connection with the approval by registration authorities of premises for the purposes of section 6(3A)(a).
- (2) The matters dealt with by regulations may include—
- (a) the kind of premises in respect of which approvals may be granted;
- (b) the procedure to be followed in relation to applications for approval;
- (c) the considerations to be taken into account by a registration authority in determining whether to approve any premises;
- (d) the duration and renewal of approvals;
- (e) the conditions that must or may be imposed by a registration authority on granting or renewing an approval;
- (f) the determination and charging by registration authorities of fees in respect of applications for the approval of premises and in respect of the renewal of approvals;
- (g) the circumstances in which a registration authority must or may revoke an approval;
- (h) the review of any decision to refuse an approval or the renewal of an approval, to impose conditions on granting or renewing an approval or to revoke an approval;
- (i) the notification to the Registrar General of all approvals granted, renewed or revoked;
- (j) the keeping by registration authorities of registers of approved premises;
- (k) the issue by the Registrar General of guidance supplementing the provision made by the regulations.
- (2A) Regulations under this section may provide that premises approved for the registration of civil partnerships may differ from those premises approved for the registration of civil marriages.
- (2B) Provision by virtue of subsection (2)(b) may, in particular, provide that applications for approval of premises may only be made with the consent (whether general or specific) of a person specified, or a person of a description specified, in the provision.
- (2C) The power conferred by section 258(2), in its application to the power conferred by this section, includes in particular—
- (a) power to make provision in relation to religious premises that differs from provision in relation to other premises;
- (b) power to make different provision for different kinds of religious premises.
- (3) Without prejudice to the width of subsection (2)(e), the Secretary of State must exercise his power to provide for the imposition of conditions as mentioned there so as to secure that members of the public are permitted to attend when two people sign the civil partnership schedule on approved premises in accordance with section 6(3A)(a).
- (3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3B) “Civil marriage” means marriage solemnised otherwise than according to the rites of the Church of England or any other religious usages.
- (3C) “Religious premises” means premises which—
- (a) are used solely or mainly for religious purposes, or
- (b) have been so used and have not subsequently been used solely or mainly for other purposes.
Detained persons
Notice of proposed civil partnership
Grounds on which civil partnership is voidable
Validity of civil partnerships registered outside England and Wales
Grounds on which civil partnership is voidable
Power to validate civil partnership
Financial provision for children
Entitlement to apply for residence or contact order
Adoption
False statements etc. with reference to civil partnerships
Eligibility
Formation of civil partnership by registration
Provisions where both civil partners have title
95A
- (1) Subsection (2) applies where the particulars set out in a civil partnership schedule signed in accordance with section 85 are entered in the civil partnership register in pursuance of section 95(2) or (3C).
- (2) The validity of the registration as civil partners to which the schedule relates is not to be questioned in any legal proceedings on the ground of failure to comply with a requirement or restriction imposed by or under this Part.
- (3) Subsection (2)—
- (a) is subject to section 85(2), and
- (b) does not prejudice section 100.
Occupancy rights
111A
- (1) Subsection (2) applies where an application is made under section 103(1), 104(1) or 105(1).
- (2) In calculating the period of two years mentioned in section 101(6A)(a) or 106(3)(f), no account shall be taken of the period mentioned in subsection (3).
- (3) The period is the period beginning with the date on which the application is made and—
- (a) in the case of an application under section 103(1) or 104(1), ending on the date on which—
- (i) an order under section 103(3) or, as the case may be, 104(2) is made, or
- (ii) the application is otherwise finally determined or abandoned,
- (b) in the case of an application under section 105(1), ending on the date on which—
- (i) the order under section 103(3) or, as the case may be, 104(2) is varied or recalled, or
- (ii) the application is otherwise finally determined or abandoned.
Dissolution
Assurance policies
Special destinations: revocation on dissolution or annulment
124A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Council Tax: liability of civil partners
Notification of registration
Relief for respondent in dissolution proceedings
Restrictions on making of orders affecting children
155A
- (1) The Registrar General may notify such persons as the Registrar General considers appropriate of the registration of a civil partnership.
- (2) An application may be made in the prescribed form to the Registrar General as to persons to be notified by the Registrar General under subsection (1) by either civil partner.
- (3) The prescribed fee shall be payable to the Registrar General by the applicant.
- (4) Any notification under subsection (1) shall be subject to such conditions as the Registrar General considers appropriate.
- (5) The power conferred by subsection (1) may be exercised whether or not an application has been made under subsection (2).
Notification of registration
Guardianship
Adoption
False statements etc. with reference to civil partnerships
Housing and tenancies
Registration at British consulates etc.
Meaning of “the court”
Interpretation of statutory references to stepchildren etc.
Immigration control and formation of civil partnerships
Discrimination against civil partners in employment field
Discrimination against civil partners in employment field: Northern Ireland
Power to amend enactments relating to pensions
Power to amend enactments relating to pensions
Regulations and orders
Extent
Absolute prohibitions
Qualified prohibitions
Provisions relating to paragraph 2
Provisions relating to paragraph 3
Consent of appropriate person unobtainable
Consent of appropriate person refused
Declaration
Forbidding proposed civil partnership
Evidence
Issue of civil partnership schedule
Consent of appropriate person unobtainable or refused
Declaration
Forbidding proposed civil partnership
Evidence
Issue of Registrar General’s licence
Application of Schedule
The relevant period
Modifications of standard procedure and procedures for house-bound and detained persons
Modified procedures for certain non-residents
Public Trustee Act 1906 (c. 55)
Administration of Estates Act 1925 (c. 23)
Intestates' Estates Act 1952 (c. 64)
Family Provision Act 1966 (c. 35)
Inheritance (Provision for Family and Dependants) Act 1975 (c. 63)
Circumstances in which orders under this Part may be made
The orders: periodical and secured periodical payments and lump sums
Particular provision that may be made by lump sum orders
When orders under this Part may take effect
Restrictions on making of orders under this Part
Circumstances in which property adjustment orders may be made
Property adjustment orders
When property adjustment orders may take effect
Restrictions on making property adjustment orders
Circumstances in which sale of property orders may be made
Sale of property orders
When sale of property orders may take effect
When sale of property orders cease to have effect
Protection of third parties
Circumstances in which pension sharing orders may be made
Pension sharing orders
Pension sharing orders: apportionment of charges
Restrictions on making of pension sharing orders
When pension sharing orders may take effect
Part 4A — Pension compensation sharing orders on or after dissolution or nullity order
Restrictions on making pension compensation sharing orders
19A
- (1) The court may make a pension compensation sharing order—
- (a) on making a dissolution or nullity order, or
- (b) at any time afterwards.
- (2) In this Schedule “pension compensation sharing order” means a pension compensation sharing order under this Part.
19B
- (1) A pension compensation sharing order is an order which—
- (a) provides that one civil partner's shareable rights to PPF compensation that derive from rights under a specified pension scheme are to be subject to pension compensation sharing for the benefit of the other civil partner, and
- (b) specifies the percentage value to be transferred.
- (2) Shareable rights to PPF compensation are rights in relation to which pension compensation sharing is available under—
- (a) Chapter 1 of Part 3 of the Pensions Act 2008, or
- (b) corresponding Northern Ireland legislation.
- (3) In sub-paragraph (1) “specified” means specified in the order.
Circumstances in which pension compensation sharing orders may be made
19C
The court may include in a pension compensation sharing order provision about the apportionment between the civil partners of any charge under—
- (a) section 117 of the Pensions Act 2008 (charges in respect of pension compensation sharing costs), or
- (b) corresponding Northern Ireland legislation.
19D
- (1) A pension compensation sharing order may not be made in relation to rights to PPF compensation that—
- (a) are the subject of pension attachment,
- (b) derive from rights under a pension scheme that were the subject of pension sharing between the civil partners,
- (c) are the subject of pension compensation attachment, or
- (d) are or have been the subject of pension compensation sharing between the civil partners.
- (2) For the purposes of sub-paragraph (1)(a), rights to PPF compensation “are the subject of pension attachment” if any of the following three conditions is met.
- (3) The first condition is that—
- (a) the rights derive from rights under a pension scheme in relation to which an order was made under Part 1 imposing a requirement by virtue of paragraph 25(2), and
- (b) that order, as modified under paragraph 31, remains in force.
- (4) The second condition is that—
- (a) the rights derive from rights under a pension scheme in relation to which an order was made under Part 1 imposing a requirement by virtue of paragraph 25(5), and
- (b) that order—
- (i) has been complied with, or
- (ii) has not been complied with and, as modified under paragraph 32, remains in force.
- (5) The third condition is that—
- (a) the rights derive from rights under a pension scheme in relation to which an order was made under Part 1 imposing a requirement by virtue of paragraph 26, and
- (b) that order remains in force.
- (6) For the purposes of sub-paragraph (1)(b), rights under a pension scheme “were the subject of pension sharing between the civil partners” if the rights were at any time the subject of a pension sharing order in relation to the civil partnership or a previous civil partnership between the same parties.
- (7) For the purposes of sub-paragraph (1)(c), rights to PPF compensation “are the subject of pension compensation attachment” if there is in force a requirement imposed by virtue of Part 6 relating to them.
- (8) For the purposes of sub-paragraph (1)(d), rights to PPF compensation “are or have been the subject of pension compensation sharing between the civil partners” if they are or have ever been the subject of a pension compensation sharing order in relation to the civil partnership or a previous civil partnership between the same parties.
19E
- (1) A pension compensation sharing order is not to take effect unless the dissolution or nullity order on or after which it is made has been made final.
- (2) No pension compensation sharing order may be made so as to take effect before the end of such period after the making of the order as may be prescribed by regulations made by the Lord Chancellor.
- (3) The power to make regulations under sub-paragraph (2) is exercisable by statutory instrument which is subject to annulment in pursuance of a resolution of either House of Parliament.
19F
In this Schedule—
- “PPF compensation” means compensation payable under the pension compensation provisions;
- “the pension compensation provisions” means—Chapter 3 of Part 2 of the Pensions Act 2004 (pension protection) and any regulations or order made under it,Chapter 1 of Part 3 of the Pensions Act 2008 (pension compensation sharing) and any regulations or order made under it, andany provision corresponding to the provisions mentioned in paragraph (a) or (b) in force in Northern Ireland.
General
Particular matters to be taken into account when exercising powers in relation to civil partners
Particular matters to be taken into account when exercising powers in relation to children
Terminating financial obligations
Pension benefits to be included in matters to which court is to have regard
Provisions applying where pension benefits taken into account in decision to make Part 1 order
Pensions: lump sums
Pensions: supplementary
Regulations
Interpretation of provisions relating to pensions
PPF compensation to be included in matters to which court is to have regard
Assumption of responsibility by PPF Board in paragraph 25(2) cases
Assumption of responsibility by PPF Board in paragraph 25(5) cases
Lump sums: power to modify paragraph 26 in respect of assessment period
Assumption of responsibility by the Board not to affect power of court to vary order etc.
Attachment of PPF compensation
34A
- (1) This paragraph applies if, having regard to any PPF compensation to which a civil partner is or is likely to be entitled, the court decides to make an order under Part 1.
- (2) To the extent to which the Part 1 order is made having regard to such compensation, it may require the Board, if at any time any payment in respect of PPF compensation becomes due to the civil partner with compensation rights, to make a payment for the benefit of the other civil partner.
- (3) The Part 1 order must express the amount of any payment required to be made by virtue of sub-paragraph (2) as a percentage of the payment which becomes due to the civil partner with compensation rights.
- (4) Any such payment by the Board—
- (a) discharges so much of its liability to the civil partner with compensation rights as corresponds to the amount of the payment, and
- (b) is to be treated for all purposes as a payment made by the civil partner with compensation rights in or towards the discharge of that civil partner's liability under the order.
- (5) If the civil partner with compensation rights has a right to commute any PPF compensation, the Part 1 order may require that civil partner to exercise it to any extent.
- (6) This paragraph applies to any payment due in consequence of commutation in pursuance of the Part 1 order as it applies to other payments in respect of PPF compensation.
- (7) The power conferred by sub-paragraph (5) may not be exercised for the purpose of commuting a benefit payable to the civil partner with compensation rights to a benefit payable to the other civil partner.
- (8) The powers conferred by sub-paragraphs (2) and (5) may not be exercised in relation to rights to PPF compensation that—
- (a) derive from rights under a pension scheme that were at any time the subject of a pension sharing order in relation to the civil partnership or a previous civil partnership between the same parties, or
- (b) are or have ever been the subject of a pension compensation sharing order in relation to the civil partnership or a previous civil partnership between the same parties.
34B
- (1) Regulations may—
- (a) make provision, in relation to any provision of paragraph 34A which authorises the court making a Part 1 order to require the Board to make a payment for the benefit of the other civil partner, as to the person to whom, and the terms on which, the payment is to be made;
- (b) make provision, in relation to payment under a mistaken belief as to the continuation in force of a provision included by virtue of paragraph 34A in a Part 1 order, about the rights or liabilities of the payer, the payee or the person to whom the payment was due;
- (c) require notices to be given in respect of changes of circumstances relevant to Part 1 orders which include provision made by virtue of paragraph 34A;
- (d) make provision for the Board to be discharged in prescribed circumstances from a requirement imposed by virtue of paragraph 34A;
- (e) make provision about calculation and verification in relation to the valuation of PPF compensation for the purposes of the court's functions in connection with the exercise of any of its powers under this Schedule.
- (2) Regulations under sub-paragraph (1)(e) may include—
- (a) provision for calculation or verification in accordance with guidance from time to time prepared by a prescribed person;
- (b) provision by reference to regulations under section 112 of the Pensions Act 2008.
Regulations
Interpretation
Circumstances in which orders under this Part may be made
Interim orders
Orders that may be made where failure to maintain established
Particular provision that may be made by lump sum orders
Matters to which the court is to have regard on application under paragraph 39(1)(a)
Matters to which the court is to have regard on application under paragraph 39(1)(b)
Restrictions on making orders under this Part
Commencement of proceedings for ancillary relief, etc.
Duration of periodical and secured periodical payments orders for a civil partner
Subsequent civil partnership or marriage
Duration of continuing orders in favour of children, and age limit on making certain orders in their favour
Orders etc. to which this Part applies
Powers to vary, discharge, suspend or revive order
Power to remit arrears
Additional powers on discharging or varying a periodical or secured periodical payments order after dissolution of civil partnership
Variation etc. of periodical or secured periodical payments orders made in cases of failure to maintain
Variation etc. of property adjustment , pension sharing and pension compensation sharing orders
Matters to which court is to have regard in exercising powers under this Part
Variation of secured periodical payments order where person liable has died
Power to direct when variation etc. is to take effect
Payment of certain arrears unenforceable without the leave of the court
Orders for repayment in certain cases of sums paid under certain orders
Orders for repayment after cessation of order because of subsequent civil partnership etc.
Consent orders for financial relief
Meaning of “maintenance agreement” and “financial arrangements”
Validity of maintenance agreements
Alteration of agreements by court during lives of parties
Restrictions on applications to and orders by magistrates' courts under paragraph 69
Provisions relating to periodical and secured periodical payments: duration
Saving
Alteration of agreements by court after death of one party
Avoidance of transactions intended to prevent or reduce financial relief
Direction for settlement of instrument for securing payments or effecting property adjustment
Settlement, etc., made in compliance with a property adjustment order may be avoided on bankruptcy of settlor
Payments, etc., under order made in favour of person suffering from mental disorder
Appeals relating to pension sharing orders which have taken effect
Appeals relating to pension compensation sharing orders which have taken effect
79A
- (1) This paragraph applies where an appeal against a pension compensation sharing order is begun on or after the day on which the order takes effect.
- (2) If the Board of the Pension Protection Fund has acted to its detriment in reliance on the taking effect of the order the appeal court—
- (a) may not set aside or vary the order;
- (b) may make such further orders (including a pension compensation sharing order) as it thinks fit for the purpose of putting the parties in the position it considers appropriate.
- (3) In determining for the purposes of sub-paragraph (2) whether the Board has acted to its detriment the appeal court may disregard any detriment which in the court's opinion is insignificant.
- (4) Paragraph 19E only applies to a pension compensation sharing order under this paragraph if the decision of the appeal court can itself be the subject of an appeal.
Interpretation
Circumstances in which orders under this Part may be made
The orders: periodical and secured periodical payments and lump sums
Particular provision that may be made by lump sum orders
Matters to which court is to have regard in exercising its powers under this Part—general
Particular matters to be taken into account when exercising powers in relation to civil partners
Particular matters to be taken into account when exercising powers in relation to children
Reconciliation
Refusal of order in case more suitable for High Court
Orders for payments which have been agreed by the parties
Meaning of “financial provision” and of references to specified financial provision
Evidence to be produced where respondent not present etc.
Exercise of powers in relation to children
Power to make alternative orders
Relationship between this Part and Part 1
Powers of court where civil partners are living apart by agreement
The orders that may be made under this Part
Restrictions on orders under this Part
Relationship with powers under Part 1
Matters to be taken into consideration
Circumstances in which interim orders may be made
Meaning of interim order
When interim order may start
Payments which can be treated as having been paid on account
When interim order ceases to have effect
Supplementary
Duration of periodical payments order for a civil partner
Age limit on making orders for financial provision for children and duration of such orders
Application of paragraphs 26 and 27 to Part 2 orders
Effect on certain orders of parties living together
Power to vary, revoke, suspend or revive order
Powers to order lump sum on variation
Power to specify when order as varied is to take effect
Matters to which court is to have regard in exercising powers under this Part
Variation of orders for periodical payments: further provisions
Persons who may apply under this Part
Revival of orders for periodical payments
Variation of instalments of lump sum
Supplementary provisions with respect to variation and revocation of orders
Enforcement etc. of orders for payment of money
Orders for repayment after cessation of order because of subsequent civil partnership etc.
Restrictions on making of orders under this Schedule: welfare of children
Constitution of courts, powers of High Court and county court in relation to orders and appeals
Provisions as to jurisdiction and procedure
Meaning of “child of the family”
Part applies where civil partnership has been dissolved etc. overseas
Either civil partner may make application for financial relief
No application after formation of subsequent civil partnership or marriage
Leave of court required for making of application
Interim orders for maintenance
Paragraphs 7 and 8 apply where application made for relief under paragraph 9 or 13
Jurisdiction of the court
Duty of the court to consider whether England and Wales is appropriate venue for application
Orders for financial provision, property adjustment , pension sharing and pension compensation sharing
Matters to which court is to have regard in exercising its powers under paragraph 9
Restriction of powers under paragraph 9 where jurisdiction depends on civil partnership home in England or Wales
Consent orders under paragraph 9
Orders for transfers of tenancies of dwelling-houses
Application to orders under paragraphs 5 and 9 of provisions of Schedule 5
Avoidance of transactions designed to defeat claims under paragraphs 5 and 9
Presumptions for the purposes of paragraph 15
Prevention of transactions intended to defeat prospective claims under paragraphs 5 and 9
Paragraphs 15 to 17: meaning of “disposition” and saving
Interpretation of Schedule
Law of Property Act 1925 (c. 20)
Landlord and Tenant Act 1954 (c. 56)
Leasehold Reform Act 1967 (c. 88)
Caravan Sites Act 1968 (c. 52)
Rent (Agriculture) Act 1976 (c. 80)
Rent Act 1977 (c. 42)
Protection from Eviction Act 1977 (c. 43)
Housing Act 1980 (c. 51)
Housing Act 1985 (c. 68)
Agricultural Holdings Act 1986 (c. 5)
Landlord and Tenant Act 1987 (c. 31)
Housing Act 1988 (c. 50)
Local Government and Housing Act 1989 (c. 42)
Leasehold Reform, Housing and Urban Development Act 1993 (c. 28)
Agricultural Tenancies Act 1995 (c. 8)
Housing Act 1996 (c. 52)
Housing Grants, Construction and Regeneration Act 1996 (c. 53)
Commonhold and Leasehold Reform Act 2002 (c. 15)
Land Compensation Act 1973 (c. 26)
Housing Act 1985 (c. 68)
Insolvency Act 1986 (c. 45)
Housing Act 1988 (c. 50)
Commonhold and Leasehold Reform Act 2002 (c. 15)
Absolute prohibitions
Qualified prohibitions
Order dispensing with consent
Administration of Estates Act (Northern Ireland) 1955 (c. 24 (N.I.))
Inheritance (Provision for Family and Dependants) (Northern Ireland) Order 1979 (S.I. 1979/ 924 (N.I. 8))
Circumstances in which orders under this Part may be made
The orders: periodical and secured periodical payments and lump sums
Particular provision that may be made by lump sum orders
When orders under this Part may take effect
Restrictions on making of orders under this Part
Circumstances in which property adjustment orders may be made
Property adjustment orders
When property adjustment orders may take effect
Restrictions on making property adjustment orders
Circumstances in which pension sharing orders may be made
Pension sharing orders
Pension sharing orders: apportionment of charges
Restrictions on making of pension sharing orders
When pension sharing orders may take effect
PART 3A — PENSION COMPENSATION SHARING ORDERS ON OR AFTER DISSOLUTION OR NULLITY ORDER
Circumstances in which pension compensation sharing orders may be made
14A
- (1) The court may make a pension compensation sharing order—
- (a) on making a dissolution or nullity order, or
- (b) at any time afterwards.
- (2) In this Schedule “pension compensation sharing order” means a pension compensation sharing order under this Part.
Pension compensation sharing orders
14B
- (1) A pension compensation sharing order is an order which—
- (a) provides that one civil partner's shareable rights to PPF compensation that derive from rights under a specified pension scheme are to be subject to pension compensation sharing for the benefit of the other civil partner, and
- (b) specifies the percentage value to be transferred.
- (2) Shareable rights to PPF compensation are rights in relation to which pension compensation sharing is available under—
- (a) Chapter 1 of Part 3 of the Pensions (No. 2) Act (Northern Ireland) 2008, or
- (b) Chapter 1 of Part 3 of the Pensions Act 2008.
- (3) In sub-paragraph (1) “specified” means specified in the order.
Pension compensation sharing orders: apportionment of charges
14C
The court may include in a pension compensation sharing order provision about the apportionment between the civil partners of any charge under—
- (a) section 95 of the Pensions (No. 2) Act (Northern Ireland) 2008 (charges in respect of pension compensation sharing costs), or
- (b) section 117 of the Pensions Act 2008.
Restrictions on making pension compensation sharing orders
14D
- (1) A pension compensation sharing order may not be made in relation to rights to PPF compensation that—
- (a) are the subject of pension attachment,
- (b) derive from rights under a pension scheme that were the subject of pension sharing between the civil partners,
- (c) are the subject of pension compensation attachment, or
- (d) are or have been the subject of pension compensation sharing between the civil partners.
- (2) For the purposes of sub-paragraph (1)(a), rights to PPF compensation “are the subject of pension attachment” if any of the following three conditions is met.
- (3) The first condition is that—
- (a) the rights derive from rights under a pension scheme in relation to which an order was made under Part 1 imposing a requirement by virtue of paragraph 20(2), and
- (b) that order, as modified under paragraph 26, remains in force.
- (4) The second condition is that—
- (a) the rights derive from rights under a pension scheme in relation to which an order was made under Part 1 imposing a requirement by virtue of paragraph 20(5), and
- (b) that order—
- (i) has been complied with, or
- (ii) has not been complied with and, as modified under paragraph 27, remains in force.
- (5) The third condition is that—
- (a) the rights derive from rights under a pension scheme in relation to which an order was made under Part 1 imposing a requirement by virtue of paragraph 21, and
- (b) that order remains in force.
- (6) For the purposes of sub-paragraph (1)(b), rights under a pension scheme “were the subject of pension sharing between the civil partners” if the rights were at any time the subject of a pension sharing order in relation to the civil partnership or a previous civil partnership between the same parties.
- (7) For the purposes of sub-paragraph (1)(c), rights to PPF compensation “are the subject of pension compensation attachment” if there is in force a requirement imposed by virtue of Part 5 relating to them.
- (8) For the purposes of sub-paragraph (1)(d), rights to PPF compensation “are or have been the subject of pension compensation sharing between the civil partners” if they are or have ever been the subject of a pension compensation sharing order in relation to the civil partnership or a previous civil partnership between the same parties.
When pension compensation sharing orders may take effect
14E
- (1) A pension compensation sharing order is not to take effect unless the dissolution or nullity order on or after which it is made has been made final.
- (2) No pension compensation sharing order may be made so as to take effect before the end of such period after the making of the order as may be prescribed by regulations made by the Department of Justice.
- (3) The power to make regulations under sub-paragraph (2) is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979.
- (4) Regulations under sub-paragraph (2) are subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954).
Interpretation
14F
In this Schedule—
- “PPF compensation” means compensation payable under the pension compensation provisions;
- “the pension compensation provisions” means—Chapter 3 of Part 3 of the Pensions (Northern Ireland) Order 2005 (pension protection) and any regulations or order made under it,Chapter 1 of Part 3 of the Pensions (No. 2) Act (Northern Ireland) 2008 (pension compensation sharing) and any regulations or order made under it, andany provision corresponding to the provisions mentioned in paragraph (a) or (b) in force in Great Britain.
General
Particular matters to be taken into account when exercising powers in relation to civil partners
Particular matters to be taken into account when exercising powers in relation to children
Terminating considerations
Pension benefits to be included in matters to which court is to have regard
Provisions applying where pension benefits taken into account in decision to make Part 1 order
Pensions: lump sums
Pensions: supplementary
Regulations
Interpretation of provisions relating to pensions
PPF compensation to be included in matters to which court is to have regard
Assumption of responsibility by PPF Board in paragraph 20(2) cases
Assumption of responsibility by PPF Board in paragraph 20(5) cases
Lump sums: power to modify paragraph 21 in respect of assessment period
Assumption of responsibility by the Board not to affect power of court to vary order etc.
Attachment of PPF compensation
29A
- (1) This paragraph applies if, having regard to any PPF compensation to which a civil partner is or is likely to be entitled, the court decides to make an order under Part 1.
- (2) To the extent to which the Part 1 order is made having regard to such compensation, it may require the Board, if at any time any payment in respect of PPF compensation becomes due to the civil partner with compensation rights, to make a payment for the benefit of the other civil partner.
- (3) The Part 1 order must express the amount of any payment required to be made by virtue of sub-paragraph (2) as a percentage of the payment which becomes due to the civil partner with compensation rights.
- (4) Any such payment by the Board—
- (a) discharges so much of its liability to the civil partner with compensation rights as corresponds to the amount of the payment, and
- (b) is to be treated for all purposes as a payment made by the civil partner with compensation rights in or towards the discharge of that civil partner's liability under the order.
- (5) If the civil partner with compensation rights has a right to commute any PPF compensation, the Part 1 order may require that civil partner to exercise it to any extent.
- (6) This paragraph applies to any payment due in consequence of commutation in pursuance of the Part 1 order as it applies to other payments in respect of PPF compensation.
- (7) The power conferred by sub-paragraph (5) may not be exercised for the purpose of commuting a benefit payable to the civil partner with compensation rights to a benefit payable to the other civil partner.
- (8) The powers conferred by sub-paragraphs (2) and (5) may not be exercised in relation to rights to PPF compensation that—
- (a) derive from rights under a pension scheme that were at any time the subject of a pension sharing order in relation to the civil partnership or a previous civil partnership between the same parties, or
- (b) are or have ever been the subject of a pension compensation sharing order in relation to the civil partnership or a previous civil partnership between the same parties.
29B
- (1) Regulations may—
- (a) make provision, in relation to any provision of paragraph 29A which authorises the court making a Part 1 order to require the Board to make a payment for the benefit of the other civil partner, as to the person to whom, and the terms on which, the payment is to be made;
- (b) make provision, in relation to payment under a mistaken belief as to the continuation in force of a provision included by virtue of paragraph 29A in a Part 1 order, about the rights or liabilities of the payer, the payee or the person to whom the payment was due;
- (c) require notices to be given in respect of changes of circumstances relevant to Part 1 orders which include provision made by virtue of paragraph 29A;
- (d) make provision for the Board to be discharged in prescribed circumstances from a requirement imposed by virtue of paragraph 29A;
- (e) make provision about calculation and verification in relation to the valuation of PPF compensation for the purposes of the court's functions in connection with the exercise of any of its powers under this Schedule.
- (2) Regulations under sub-paragraph (1)(e) may include—
- (a) provision for calculation or verification in accordance with guidance from time to time prepared by a prescribed person;
- (b) provision by reference to regulations under section 90 of the Pensions (No. 2) Act (Northern Ireland) 2008.
Regulations
Interpretation
Circumstances in which orders under this Part may be made
Interim orders
Orders that may be made where failure to maintain established
Particular provision that may be made by lump sum orders
Matters to which the court is to have regard on application under paragraph 34(1)(a)
Matters to which the court is to have regard on application under paragraph 34(1)(b)
Restrictions on making orders under this Part
Commencement of proceedings for ancillary relief, etc.
Duration of periodical and secured periodical payments orders for a civil partner
Subsequent civil partnership or marriage
Duration of continuing orders in favour of children, and age limit on making certain orders in their favour
Orders etc. to which this Part applies
Powers to vary, discharge, suspend or revive order
Power to remit arrears
Variation etc. of periodical or secured periodical payments orders made in cases of failure to maintain
Variation etc. of property adjustment , pension sharing and pension compensation sharing orders
Matters to which court is to have regard in exercising powers under this Part
Variation of secured periodical payments order where person liable has died
Power to direct when variation etc. is to take effect
Payment of certain arrears unenforceable without the leave of the court
Orders for repayment in certain cases of sums paid under certain orders
Orders for repayment after cessation of order because of subsequent civil partnership etc.
Consent orders for financial relief
Meaning of “maintenance agreement” and “financial arrangements”
Validity of maintenance agreements
Alteration of agreements by court during lives of parties
Restrictions on applications to and orders by courts of summary jurisdiction under paragraph 62
Provisions relating to periodical and secured periodical payments: duration
Saving
Alteration of agreements by court after death of one party
Avoidance of transactions intended to prevent or reduce financial relief
Direction for settlement of instrument for securing payments or effecting property adjustment
Settlement, etc., made in compliance with a property adjustment order may be avoided on bankruptcy of settlor
Payments, etc., under order made in favour of person suffering from mental disorder
Appeals relating to pension sharing orders which have taken effect
Appeals relating to pension compensation sharing orders which have taken effect
74A
- (1) This paragraph applies where an appeal against a pension compensation sharing order is begun on or after the day on which the order takes effect.
- (2) If the Board of the Pension Protection Fund has acted to its detriment in reliance on the taking effect of the order the appeal court—
- (a) may not set aside or vary the order;
- (b) may make such further orders (including a pension compensation sharing order) as it thinks fit for the purpose of putting the parties in the position it considers appropriate.
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