Legalize / United Kingdom / Public General Act

Civil Partnership Act 2004

Type Public General Act

Publication 2004-11-18

Last updated 2025-12-01

State In force

Department Statute Law Database

Source legislation.gov.uk

articles 13

Reform history JSON API

Financial provision for children

202

(1) Amend Schedule 1 to the 1995 Order (financial provision for children) as follows.

(2) For paragraph 1(2) (extended meaning of “parent”) substitute—

(2) In this Schedule, except paragraphs 3 and 17, “parent” includes— (a) any party to a marriage (whether or not subsisting) in relation to whom the child concerned is a child of the family, and (b) any civil partner in a civil partnership (whether or not subsisting) in relation to whom the child concerned is a child of the family; and for this purpose any reference to either parent or both parents shall be read as a reference to any parent of his and to all of his parents.

(3) In paragraph 3(6) (meaning of “periodical payments order”), after paragraph (d) insert—

(e) Part 1 or 8 of Schedule 15 to the Civil Partnership Act 2004 (financial relief in the High Court or county court etc.); (f) Schedule 16 to the 2004 Act (financial relief in court of summary jurisdiction etc.);

(4) In paragraph 17(2) (person with whom a child lives or is to live), after “husband or wife” insert “ or civil partner ”.

Adoption

203

(1) Amend the Adoption (Northern Ireland) Order 1987 (S.I. 1987/2203 (N.I. 22)) as follows.

(2) In Article 2 (interpretation), in the definition of “relative” in paragraph (2), for “affinity” substitute “ marriage or civil partnership ”.

(3) In Article 12 (adoption orders), in paragraph (5), after “married” insert “ or who is or has been a civil partner ”.

(4) In Article 15 (adoption by one person), in paragraph (1)(a), after “is not married” insert “ or a civil partner ”.

(5) In Article 33 (meaning of “protected child”), in paragraph (3)(g), after “marriage” insert “ or forming a civil partnership ”.

(6) In Article 40 (status conferred by adoption), in paragraph (3)(a), after “1984” insert “ or for the purposes of Schedule 12 to the Civil Partnership Act 2004 ”.

(7) In Article 54 (disclosure of birth records of adopted children), in paragraph (2)—

(a) after “intending to be married” insert “ or to form a civil partnership ”;

(b) for “the person whom he intends to marry” substitute “ the intended spouse or civil partner ”;

(8) In Article 54A (Adoption Contact Register), in paragraph (13)(a), for “or marriage” substitute “ , marriage or civil partnership ”.

Chapter 6 — Miscellaneous

False statements etc. with reference to civil partnerships

204

(1) Amend Article 8 of the Perjury (Northern Ireland) Order 1979 (S.I. 1979/1714 (N.I. 19)) (false statements etc. with reference to marriage) as follows.

(2) After paragraph (1) insert—

(1A) Any person who— (a) for the purpose of procuring the formation of a civil partnership or a document mentioned in paragraph (1B)— (i) makes or signs a declaration required under Part 4 or 5 of the Civil Partnership Act 2004; or (ii) gives a notice or certificate required under Part 4 or 5 of the Civil Partnership Act 2004, knowing that the declaration, notice or certificate is false; (b) for the purpose of a record being made in any register relating to civil partnerships— (i) makes a statement as to any information which is required to be registered under Part 4 or 5 of the Civil Partnership Act 2004; or (ii) causes such a statement to be made, knowing that the statement is false; (c) forbids the issue of a document mentioned in paragraph (1B)(a) or (b) by representing himself to be a person whose consent to a civil partnership between a child and another person is required under Part 4 or 5 of the Civil Partnership Act 2004, knowing the representation to be false, shall be guilty of an offence. (1B) The documents are[en rule] (a) a civil partnership schedule; (b) a document required by an Order in Council under section 210 or 211 of the Civil Partnership Act 2004 as an authority for two people to register as civil partners of each other; (c) a certificate of no impediment under section 240 of the Civil Partnership Act 2004.

(3) In paragraph (2), after “paragraph (1)” insert “ or (1A) ”.

(4) In the heading to Article 8, after “marriage” insert “ or civil partnership ”.

Housing and tenancies

205

Schedule 18 amends certain enactments relating to housing and tenancies.

Family homes and domestic violence

206

Schedule 19 amends the Family Homes and Domestic Violence (Northern Ireland) Order 1998 (S.I. 1998/1071 (N.I. 6)) and related enactments so that they apply in relation to civil partnerships as they apply in relation to marriages.

Fatal accidents claims

207

(1) Amend the Fatal Accidents (Northern Ireland) Order 1977 (S.I. 1977/1251 (N.I. 18)) as follows.

(2) In Article 2(2) (meaning of “dependant”), after sub-paragraph (a) insert—

(aa) the civil partner or former civil partner of the deceased;

(3) In sub-paragraph (b)(iii) of Article 2(2), after “wife” insert “ or civil partner ”.

(4) After sub-paragraph (f) of Article 2(2) insert—

(fa) any person (not being a child of the deceased) who, in the case of any civil partnership in which the deceased was at any time a civil partner, was treated by the deceased as a child of the family in relation to that civil partnership;

(5) After Article 2(2A) insert—

(2B) The reference to the former civil partner of the deceased in paragraph (2)(aa) includes a reference to a person whose civil partnership with the deceased has been annulled as well as a person whose civil partnership with the deceased has been dissolved.

(6) In Article 2(3)(b), for “by affinity” substitute “ by marriage or civil partnership ”.

(7) In Article 3A(2) (persons for whose benefit claim for bereavement damages may be made)—

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

(b) in sub-paragraph (b), after “was never married” insert “ or a civil partner ”.

(8) In Article 5 (assessment of damages), in paragraph (3A), after “wife” insert “ or civil partner ”.

Evidence

208

(1) Any enactment or rule of law relating to the giving of evidence by a spouse applies in relation to a civil partner as it applies in relation to the spouse.

(2) Subsection (1) is subject to any specific amendment made by or under this Act which relates to the giving of evidence by a civil partner.

(3) For the avoidance of doubt, in any such amendment, references to a person’s civil partner do not include a former civil partner.

(4) References in subsections (1) and (2) to giving evidence are to giving evidence in any way (whether by supplying information, making discovery, producing documents or otherwise).

(5) Any rule of law—

(a) which is preserved by Article 22(1) of the Criminal Justice (Evidence) (Northern Ireland) Order 2004 (S.I. 2004/1501 (N.I. 10)), and

(b) under which in any proceedings evidence of reputation or family tradition is admissible for the purpose of proving or disproving the existence of a marriage,

is to be treated as applying in an equivalent way for the purpose of proving or disproving the existence of a civil partnership.

Restriction on publicity of reports of proceedings

209

Section 1 of the Matrimonial Causes (Reports) Act (Northern Ireland) 1966 (c. 29 (N.I.)) (restriction on publication of reports of proceedings) shall extend to proceedings—

(a) for the dissolution or annulment of a civil partnership or for the legal separation of civil partners,

(b) under section 181,

(d) under Part 10 of Schedule 15 in relation to an order under Part 8 of that Schedule.

Part 5 — Civil partnership formed or dissolved abroad etc.

Chapter 1 — Registration outside UK under Order in Council

Registration at British consulates etc.

210

(1) Her Majesty may by Order in Council make provision for two people to register as civil partners of each other—

(a) in prescribed countries or territories outside the United Kingdom, and

(b) in the presence of a registration officer ,

in cases where the officer is satisfied that the conditions in subsection (2) are met.

(2) The conditions are that—

(a) at least one of the proposed civil partners is a United Kingdom national,

(b) the proposed civil partners would have been eligible to register as civil partners of each other in such part of the United Kingdom as is determined in accordance with the Order,

(c) the authorities of the country or territory in which it is proposed that they register as civil partners will not object to the registration, and

(d) insufficient facilities exist for them to enter into an overseas relationship under the law of that country or territory.

(3) A registration officer is not required to allow two people to register as civil partners of each other if in his opinion the formation of a civil partnership between them would be inconsistent with international law or the comity of nations.

(4) An Order in Council under this section may make provision for appeals against a refusal, in reliance on subsection (3), to allow two people to register as civil partners of each other.

(5) An Order in Council under this section may provide that two people who register as civil partners of each other under such an Order are to be treated for the purposes of sections 221(1)(c)(i) and (2)(c)(i), 222(c), 224(b), 225(1)(c)(i) and (3)(c)(i), 229(1)(c)(i) and (2)(c)(i) and section 232(b) and section 1(3)(c)(i) of the Presumption of Death (Scotland) Act 1977 (c. 27) as if they had done so in the part of the United Kingdom determined as mentioned in subsection (2)(b).

(6) “Registration officer” means—

(a) a consular officer in the service of Her Majesty’s government in the United Kingdom, or

(b) in the case of registration in a country or territory in which Her Majesty’s government in the United Kingdom has for the time being no consular representative, a person authorised by the Secretary of State in respect of registration of civil partnerships in that country or territory .

Registration by armed forces personnel

211

(1) Her Majesty may by Order in Council make provision for two people to register as civil partners of each other—

(a) in prescribed countries or territories outside the United Kingdom, and

(b) in the presence of an officer appointed by virtue of the Registration of Births, Deaths and Marriages (Special Provisions) Act 1957 (c. 58),

in cases where the officer is satisfied that the conditions in subsection (2) are met.

(2) The conditions are that—

(a) at least one of the proposed civil partners—

(i) is a member of a part of Her Majesty’s forces serving in the country or territory,

(ii) is employed in the country or territory in such other capacity as may be prescribed, or

(iii) is a child of a person falling within sub-paragraph (i) or (ii) and has his home with that person in that country or territory,

(b) the proposed civil partners would have been eligible to register as civil partners of each other in such part of the United Kingdom as is determined in accordance with the Order, and

(3) In determining for the purposes of subsection (2) whether one person is the child of another, a person who is or was treated by another as a child of the family in relation to—

(a) a marriage to which the other is or was a party, or

(b) a civil partnership in which the other is or was a civil partner,

is to be regarded as the other’s child.

(4) An Order in Council under this section may provide that two people who register as civil partners of each other under such an Order are to be treated for the purposes of section 221(1)(c)(i) and (2)(c)(i), 222(c), 224(b), 225(1)(c)(i) and (3)(c)(i), 229(1)(c)(i) and (2)(c)(i) and section 232(b) and section 1(3)(c)(i) of the Presumption of Death (Scotland) Act 1977 (c. 27) as if they had done so in the part of the United Kingdom determined in accordance with subsection (2)(b).

(5) Any references in this section—

(a) to a country or territory outside the United Kingdom,

(b) to forces serving in such a country or territory, and

include references to ships which are for the time being in the waters of a country or territory outside the United Kingdom, to forces serving in any such ship and to persons employed in any such ship.

Chapter 2 — Overseas relationships treated as civil partnerships

Meaning of “overseas relationship”

212

(1) For the purposes of this Act an overseas relationship is a relationship which—

(a) is either a specified relationship or a relationship which meets the general conditions, and

(b) is registered (whether before or after the passing of this Act) with a responsible authority in a country or territory outside the United Kingdom, by two people—

(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii) neither of whom is already a civil partner or lawfully married.

(1A) But, for the purposes of the application of this Act to England and Wales or to Northern Ireland, marriage is not an overseas relationship.

(2) In this Chapter, “the relevant law” means the law of the country or territory where the relationship is registered (including its rules of private international law).

Specified relationships

213

(1) A specified relationship is a relationship which is specified for the purposes of section 212 —

(a) in the case of a relationship registered by two people who under the relevant law are of the same sex when the relationship is registered, by Part 1 of Schedule 20,

(b) in the case of a relationship registered by two people who under the relevant law are not of the same sex when the relationship is registered, by Part 2 of Schedule 20.

(2) The Secretary of State may by order amend Part 1 of Schedule 20 by—

(a) adding a relationship,

(b) amending the description of a relationship, or

(3) No order may be made under this section amending Part 1 of Schedule 20 without the consent of the Scottish Ministers and the Department of Finance and Personnel.

(3A) No order may be made under this section amending Part 2 of Schedule 20 without the consent of the Department of Finance.

(4) The power to make an order under this section is exercisable by statutory instrument.

(5) An order which contains any provision (whether alone or with other provisions) amending Part 1 of Schedule 20 by—

(a) amending the description of a relationship, or

(b) omitting a relationship,

may not be made unless a draft of the statutory instrument containing the order is laid before, and approved by a resolution of, each House of Parliament.

(6) A statutory instrument containing any other order under this section amending Part 1 of Schedule 20 is subject to annulment in pursuance of a resolution of either House of Parliament.

(7) The Scottish Ministers may by regulations amend Part 2 of Schedule 20 by—

(a) adding a relationship,

(b) amending the description of a relationship,

(8) Regulations under subsection (7)—

(a) amending the description of a relationship or omitting a relationship, are subject to the affirmative procedure,

(b) adding a relationship, are subject to the negative procedure.

The general conditions

214

The general conditions are that, under the relevant law—

(a) the relationship may not be entered into if either of the parties is already a party to a relationship of that kind or lawfully married,

(b) the relationship is of indeterminate duration, and

(ba) the relationship is not one of marriage,

(i) treated as a couple either generally or for specified purposes, but are not treated as marriedor

(ii) treated as married.

Overseas relationships treated as civil partnerships: the general rule

215

(1) Two people are to be treated as having formed a civil partnership as a result of having registered an overseas relationship if, under the relevant law, they—

(a) had capacity to enter into the relationship, and

(b) met all requirements necessary to ensure the formal validity of the relationship.

(2) Subject to subsections (3) and (5F) subsections (3) and (5B) subsections (3) and (3A), the time when they are to be treated as having formed the civil partnership is the time when the overseas relationship is registered (under the relevant law) as having been entered into.

(3) If the overseas relationship is registered (under the relevant law) as having been entered into before this section comes into force, the time when they are to be treated as having formed a civil partnership is the time when this section comes into force.

(3A) In its application to an overseas relationship between persons of different sexes entered into before this subsection comes into force, subsection (2) is subject to—

(a) any provision to the contrary made by or under any enactment,

(b) regulations under subsection (3B).

(3B) The Scottish Ministers may by regulations provide for subsection (2)—

(a) to have effect subject to provision made by the regulations, or

(b) not to apply in cases specified in the regulations.

(3C) Regulations under subsection (3B)—

(a) may include consequential, supplementary, incidental, transitional, transitory or saving provision,

(b) are subject to the negative procedure.

(4) But if—

(a) before this section comes into force, a dissolution or annulment of the overseas relationship was obtained outside the United Kingdom, and

(b) the dissolution or annulment would be recognised under Chapter 3 if the overseas relationship had been treated as a civil partnership at the time of the dissolution or annulment,

subsection (3) does not apply and subsections (1) and (2) have effect subject to subsection (5).

(5) The overseas relationship is not to be treated as having been a civil partnership for the purposes of any provisions except—

(a) Schedules 7, 11 and 17 (financial relief in United Kingdom after dissolution or annulment obtained outside the United Kingdom);

(b) such provisions as are specified (with or without modifications) in an order under section 259;

(5A) In the case of a relationship that is—

(a) an overseas relationship treated as a civil partnership for the purposes of this Act only as a result of the amendments made by the Civil Partnership (Opposite-sex Couples) Regulations 2019 (“the 2019 Regulations”), and

(b) registered (under the relevant law) as having been entered into before the 2019 Regulations come into force,

subsection (5B) or (as the case may be) subsections (5C) and (5D) apply in place of subsections (3) to (5).

(5B) The time when the two people are treated as having formed a civil partnership is the time when the 2019 Regulations come into force.

(5C) But if—

(a) before the 2019 Regulations come into force, a dissolution or annulment of the overseas relationship was obtained outside the United Kingdom, and

(b) the dissolution or annulment would be recognised under Chapter 3 if the overseas relationship had been treated as a civil partnership at the time of the dissolution or annulment,

subsection (5B) does not apply and subsections (1) and (2) have effect subject to subsection (5D).

(5D) The overseas relationship is not to be treated as having been a civil partnership for the purposes of any provision except—

(a) Schedules 7, 11 and 17 (financial relief in United Kingdom after dissolution or annulment obtained outside the United Kingdom);

(b) such provisions as are specified (with or without modifications) in regulations under section 2 or 5 of the Civil Partnerships, Marriages and Deaths (Registration etc) Act 2019;

(5E) In the case of a relationship that is—

(a) an overseas relationship treated as a civil partnership for the purposes of this Act only as a result of the amendments made by the Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019, and

(b) registered (under the relevant law) as having been entered into before 13 January 2020,

subsection (5F) or (as the case may be) subsections (5G) and (5H) apply in place of subsections (3) to (5).

(5F) The time when the two people are treated as having formed a civil partnership is the start of 13 January 2020.

(5G) But if—

(a) before 13 January 2020, a dissolution or annulment of the relationship was obtained outside the United Kingdom, and

(b) the dissolution or annulment would be recognised under Chapter 3 if the overseas relationship had been treated as a civil partnership at the time of the dissolution or annulment,

subsection (5F) does not apply and subsections (1) and (2) have effect subject to subsection (5H).

(5H) The overseas relationship is not to be treated as having been a civil partnership for the purposes of any provision except—

(a) Schedules 7, 11 and 17;

(b) such provisions as are specified (with or without modifications) in regulations under section 8 of the Northern Ireland (Executive Formation etc) Act 2019;

(6) This section is subject to sections ... 217 and 218.

The same-sex requirement

216

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

Person domiciled in a part of the United Kingdom

217

(1) Subsection (2) applies if an overseas relationship has been registered by a person who was at the time mentioned in section 215(2) domiciled in England and Wales.

(2) The two people concerned are not to be treated as having formed a civil partnership if, at the time mentioned in section 215(2)—

(a) either of them was under 18, or

(b) they would have been within prohibited degrees of relationship under Part 1 of Schedule 1 if they had been registering as civil partners of each other in England and Wales.

(3) Subsection (4) applies if an overseas relationship has been registered by a person who at the time mentioned in section 215(2) was domiciled in Scotland.

(4) The two people concerned are not to be treated as having formed a civil partnership if, at the time mentioned in section 215(2), they were not eligible by virtue of paragraph (b), (c) or (e) of section 86(1) to register in Scotland as civil partners of each other.

(5) Subsection (6) applies if an overseas relationship has been registered by a person who at the time mentioned in section 215(2) was domiciled in Northern Ireland.

(6) The two people concerned are not to be treated as having formed a civil partnership if, at the time mentioned in section 215(2)—

(a) either of them was under 16, or

(b) they would have been within prohibited degrees of relationship under Schedule 12 if they had been registering as civil partners of each other in Northern Ireland.

The public policy exception

218

Two people are not to be treated as having formed a civil partnership as a result of having entered into an overseas relationship if it would be manifestly contrary to public policy to recognise the capacity, under the relevant law, of one or both of them to enter into the relationship.

Chapter 3 — Dissolution etc.: jurisdiction and recognition

Introduction

Power to make provision corresponding to EC Regulation 2201/2003

219

(1) The Lord Chancellor may by regulations make provision—

(a) as to the jurisdiction of courts in England and Wales ... in proceedings for the dissolution or annulment of a civil partnership or for legal separation of the civil partners in cases where a civil partner—

(i) is or has been habitually resident in England and Wales, or

(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iii) is domiciled in England and Wales, ...

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

(1A) The Department of Justice in Northern Ireland may by regulations make provision—

(a) as to the jurisdiction of courts in Northern Ireland in proceedings for the dissolution or annulment of a civil partnership or for legal separation of the civil partners in cases where a civil partner—

(i) is or has been habitually resident in Northern Ireland, or

(ii) is domiciled in Northern Ireland.

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

(2) The Scottish Ministers may by regulations make provision—

(a) as to the jurisdiction of courts in Scotland in proceedings for the dissolution or annulment of a civil partnership or for legal separation of the civil partners in such cases as are mentioned in subsection (1)(a), and

(b) as to the recognition in Scotland of any such judgment as is mentioned in subsection (1)(b).

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

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(6) Regulations under subsection (1) are to be made by statutory instrument and may only be made if a draft has been laid before and approved by resolution of each House of Parliament.

(6A) Regulations under subsection (1A) are to be made by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979.

(6B) No regulations shall be made under subsection (1A) unless a draft has been laid before and approved by resolution of the Northern Ireland Assembly.

(6C) Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of subsection (6B) in relation to the laying of a draft as it applies in relation to the laying of a statutory document under an enactment.

(7) Regulations under subsection (2) are to be made by statutory instrument and may only be made if a draft has been laid before and approved by resolution of the Scottish Parliament.

(8) In this Part “section 219 regulations” means regulations made under this section.

Jurisdiction of courts in England and Wales

Meaning of “the court”

220

In sections 221 to 224 “the court” means—

(a) the High Court, or

(b) the family court.

Proceedings for dissolution, separation or nullity order

221

(1) The court has jurisdiction to entertain proceedings for a dissolution order or a separation order if (and only if)—

(a) the court has jurisdiction under section 219 regulations,

(b) no court has, or is recognised as having, jurisdiction under section 219 regulations and either civil partner is domiciled in England and Wales on the date when the proceedings are begun, or

(i) the two people concerned registered as civil partners of each other in England or Wales,

(ii) no court has, or is recognised as having, jurisdiction under section 219 regulations, and

(iii) it appears to the court to be in the interests of justice to assume jurisdiction in the case.

(2) The court has jurisdiction to entertain proceedings for a nullity order if (and only if)—

(a) the court has jurisdiction under section 219 regulations,

(b) no court has, or is recognised as having, jurisdiction under section 219 regulations and either civil partner—

(i) is domiciled in England and Wales on the date when the proceedings are begun, or

(ii) died before that date and either was at death domiciled in England and Wales or had been habitually resident in England and Wales throughout the period of 1 year ending with the date of death, or

(i) the two people concerned registered as civil partners of each other in England or Wales,

(ii) no court has, or is recognised as having, jurisdiction under section 219 regulations, and

(iii) it appears to the court to be in the interests of justice to assume jurisdiction in the case.

(3) At any time when proceedings are pending in respect of which the court has jurisdiction by virtue of subsection (1) or (2) (or this subsection), the court also has jurisdiction to entertain other proceedings, in respect of the same civil partnership, for a dissolution, separation or nullity order, even though that jurisdiction would not be exercisable under subsection (1) or (2).

Proceedings for presumption of death order

222

The court has jurisdiction to entertain proceedings for a presumption of death order on an application made by a civil partner if (and only if)—

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

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

(ba) at the time the application is made, the High Court does not have jurisdiction to entertain an application by that civil partner under section 1 of the Presumption of Death Act 2013 for a declaration that the other civil partner is presumed to be dead, and

(c) the two people concerned registered as civil partners of each other in England and Wales and it appears to the court to be in the interests of justice to assume jurisdiction in the case.

Proceedings for dissolution, nullity or separation order: supplementary

223

(1) Rules of court may make provision in relation to civil partnerships corresponding to the provision made in relation to marriages by Schedule 1 to the Domicile and Matrimonial Proceedings Act 1973 (c. 45).

(2) The rules may in particular make provision—

(a) for the provision of information by applicants and respondents in proceedings for dissolution, nullity or separation orders where proceedings relating to the same civil partnership are continuing in another jurisdiction, and

(b) for proceedings before the court to be stayed by the court where there are concurrent proceedings elsewhere in respect of the same civil partnership.

Applications for declarations as to validity etc.

224

The court has jurisdiction to entertain an application under section 58 if (and only if)—

(a) either of the civil partners in the civil partnership to which the application relates—

(i) is domiciled in England and Wales on the date of the application,

(ii) has been habitually resident in England and Wales throughout the period of 1 year ending with that date, or

(iii) died before that date and either was at death domiciled in England and Wales or had been habitually resident in England and Wales throughout the period of 1 year ending with the date of death, or

(b) the two people concerned registered as civil partners of each other in England and Wales and it appears to the court to be in the interests of justice to assume jurisdiction in the case.

Jurisdiction of Scottish courts

225

(1) The Court of Session has jurisdiction to entertain an action for the dissolution of a civil partnership or for separation of civil partners if (and only if) either civil partner—

(a) is domiciled in Scotland on the date when proceedings are begun, or

(b) was habitually resident in Scotland throughout the period of one year ending with that date, or

(i) the two people concerned registered as civil partners of each other in Scotland,

(ii) no court has, or is recognised as having, jurisdiction ..., and

(iii) it appears to the court to be in the interests of justice to assume jurisdiction in the case.

(2) The sheriff has jurisdiction to entertain an action for the dissolution of a civil partnership or for separation of civil partners if (and only if) the requirements of paragraph (a) or (b) of subsection (1) are met and either civil partner—

(a) was resident in the sheriffdom for a period of 40 days ending with the date when the action is begun, or

(b) had been resident in the sheriffdom for a period of not less than 40 days ending not more than 40 days before that date and has no known residence in Scotland at that date.

(3) The Court of Session has jurisdiction to entertain an action for declarator of nullity of a civil partnership if (and only if)—

(a) either of the ostensible civil partners—

(i) is domiciled in Scotland on the date when the proceedings are begun or was habitually resident in Scotland throughout the period of one year ending with that date, or

(ii) died before that date and either was at death domiciled in Scotland or had been habitually resident in Scotland throughout the period of one year ending with the date of death, or

(i) the two people concerned registered as civil partners of each other in Scotland,

(ii) no court has, or is recognised as having, jurisdiction ..., and

(iii) it appears to the court to be in the interests of justice to assume jurisdiction in the case.

(3A) The sheriff has jurisdiction to entertain an action for declarator of nullity of a civil partnership if (and only if)—

(a) the requirements as to domicile or habitual residence that would apply were the action to have been begun in the Court of Session under subsection (3) (other than paragraph (c)) are met, and

(b) either of the ostensible civil partners—

(i) was resident in the sheriffdom for a period of 40 days ending with the date when the action is begun, or

(ii) had been resident in the sheriffdom for a period of not less than 40 days ending not more than 40 days before that date and has no known residence in Scotland at that date.

(4) At any time when proceedings are pending in respect of which a court has jurisdiction by virtue of any of subsections (1) to (3A) (or this subsection) it also has jurisdiction to entertain other proceedings, in respect of the same civil partnership (or ostensible civil partnership), for dissolution, separation or ... declarator of nullity, even though that jurisdiction would not be exercisable under any of subsections (1) to (3A).

Sisting of proceedings

226

(1) Rules of court may make provision in relation to civil partnerships corresponding to the provision made in relation to marriages by Schedule 3 to the Domicile and Matrimonial Proceedings Act 1973 (c. 45) (sisting of Scottish consistorial actions).

(2) The rules may in particular make provision—

(a) for the provision of information by the pursuer and by any other person who has entered appearance in an action where proceedings relating to the same civil partnership (or ostensible civil partnership) are continuing in another jurisdiction, and

(b) for an action to be sisted where there are concurrent proceedings elsewhere in respect of the same civil partnership (or ostensible civil partnership).

Scottish ancillary and collateral orders

227

(1) This section applies where after the commencement of this Act an application is competently made to the Court of Session or the sheriff for the making, or the variation or recall, of an order which is ancillary or collateral to an action for—

(a) the dissolution of a civil partnership,

(b) the separation of civil partners, or

(2) And the section applies whether the application is made in the same proceedings or in other proceedings and whether it is made before or after the pronouncement of a final decree in the action.

(3) If the court has or, as the case may be, had jurisdiction to entertain the action, it has jurisdiction to entertain the application. This subsection is subject to subsection (3B).

(3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3B) If the application or part of it relates to a matter in relation to which Article 18 of the 2007 Hague Convention applies, the court may not entertain the application or that part it except where permitted by Article18.

(4) Where the Court of Session has jurisdiction by virtue of this section to entertain an application for the variation or recall, as respects any person, of an order made by it and the order is one to which section 8 (variation and recall by the sheriff of certain orders made by the Court of Session) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1966 (c. 19) applies, then for the purposes of any application under that section for the variation or recall of the order in so far as it relates to the person, the sheriff (as defined in that section) has jurisdiction to exercise the power conferred on him by that section.

(5) The reference in subsection (1) to an order which is ancillary or collateral is to an order relating to children, aliment, financial provision or expenses.

(6) In this section “the 2007 Hague Convention” means the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance concluded on 23 November 2007 at The Hague.

Jurisdiction of courts in Northern Ireland

Meaning of “the court”

228

In sections 229 to 232 “the court” has the meaning given by section 188.

Proceedings for dissolution, separation or nullity order

229

(1) The court has jurisdiction to entertain proceedings for a dissolution order or a separation order if (and only if)—

(a) the court has jurisdiction under section 219 regulations,

(b) no court has, or is recognised as having, jurisdiction under section 219 regulations and either civil partner is domiciled in Northern Ireland on the date when the proceedings are begun, or

(i) the two people concerned registered as civil partners of each other in Northern Ireland,

(ii) no court has, or is recognised as having, jurisdiction under section 219 regulations, and

(iii) it appears to the court to be in the interests of justice to assume jurisdiction in the case.

(2) The court has jurisdiction to entertain proceedings for a nullity order if (and only if)—

(a) the court has jurisdiction under section 219 regulations,

(b) no court has, or is recognised as having, jurisdiction under section 219 regulations and either civil partner—

(i) is domiciled in Northern Ireland on the date when the proceedings are begun, or

(ii) died before that date and either was at death domiciled in Northern Ireland or had been habitually resident in Northern Ireland throughout the period of 1 year ending with the date of death, or

(i) the two people concerned registered as civil partners of each other in Northern Ireland,

(ii) no court has, or is recognised as having, jurisdiction under section 219 regulations, and

(iii) it appears to the court to be in the interests of justice to assume jurisdiction in the case.

(3) At any time when proceedings are pending in respect of which the court has jurisdiction by virtue of subsection (1) or (2) (or this subsection), the court also has jurisdiction to entertain other proceedings, in respect of the same civil partnership, for a dissolution, separation or nullity order, even though that jurisdiction would not be exercisable under subsection (1) or (2).

Proceedings for presumption of death order

230

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

Proceedings for dissolution, nullity or separation order: supplementary

231

(1) Rules of court may make provision in relation to civil partnerships corresponding to the provision made in relation to marriages by Schedule 1 to the Matrimonial Causes (Northern Ireland) Order 1978 (S.I. 1978/1045 (N.I. 15)).

(2) The rules may in particular make provision—

(a) for the provision of information by applicants and respondents in proceedings for dissolution, nullity or separation orders where proceedings relating to the same civil partnership are continuing in another jurisdiction, and

(b) for proceedings before the court to be stayed by the court where there are concurrent proceedings elsewhere in respect of the same civil partnership.

Applications for declarations as to validity etc.

232

The court has jurisdiction to entertain an application under section 181 if (and only if)—

(a) either of the civil partners in the civil partnership to which the application relates—

(i) is domiciled in Northern Ireland on the date of the application,

(ii) has been habitually resident in Northern Ireland throughout the period of 1 year ending with that date, or

(iii) died before that date and either was at death domiciled in Northern Ireland or had been habitually resident in Northern Ireland throughout the period of 1 year ending with the date of death, or

(b) the two people concerned registered as civil partners of each other in Northern Ireland and it appears to the court to be in the interests of justice to assume jurisdiction in the case.

Recognition of dissolution, annulment and separation

Effect of dissolution, annulment or separation obtained in the UK

233

(1) No dissolution or annulment of a civil partnership obtained in one part of the United Kingdom is effective in any part of the United Kingdom unless obtained from a court of civil jurisdiction.

(2) Subject to subsections (3) and (4), the validity of a dissolution or annulment of a civil partnership or a legal separation of civil partners which has been obtained from a court of civil jurisdiction in one part of the United Kingdom is to be recognised throughout the United Kingdom.

(3) Recognition of the validity of a dissolution, annulment or legal separation obtained from a court of civil jurisdiction in one part of the United Kingdom may be refused in any other part if the dissolution, annulment or separation was obtained at a time when it was irreconcilable with a decision determining the question of the subsistence or validity of the civil partnership—

(a) previously given by a court of civil jurisdiction in the other part, or

(b) previously given by a court elsewhere and recognised or entitled to be recognised in the other part.

(4) Recognition of the validity of a dissolution or legal separation obtained from a court of civil jurisdiction in one part of the United Kingdom may be refused in any other part if the dissolution or separation was obtained at a time when, according to the law of the other part, there was no subsisting civil partnership.

Recognition in the UK of overseas dissolution, annulment or separation

234

(1) The validity of an overseas dissolution, annulment or legal separation is to be recognised in the United Kingdom Scotland if, and only if, it is entitled to recognition by virtue of sections 235 to 237.

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

(3) For the purposes of subsection (1) and sections 235 to 237, an overseas dissolution, annulment or legal separation is a dissolution or annulment of a civil partnership or a legal separation of civil partners which has been obtained outside the United Kingdom (whether before or after this section comes into force).

Grounds for recognition

235

(1) The validity of an overseas dissolution, annulment or legal separation obtained by means of proceedings is to be recognised if—

(a) the dissolution, annulment or legal separation is effective under the law of the country in which it was obtained, and

(b) at the relevant date either civil partner—

(i) was habitually resident in the country in which the dissolution, annulment or legal separation was obtained,

(ii) was domiciled in that country, or

(iii) was a national of that country.

(2) The validity of an overseas dissolution, annulment or legal separation obtained otherwise than by means of proceedings is to be recognised if—

(a) the dissolution, annulment or legal separation is effective under the law of the country in which it was obtained,

(b) at the relevant date—

(i) each civil partner was domiciled in that country, or

(ii) either civil partner was domiciled in that country and the other was domiciled in a country under whose law the dissolution, annulment or legal separation is recognised as valid, and

(c) neither civil partner was habitually resident in the United Kingdom throughout the period of 1 year immediately preceding that date.

(3) In this section “the relevant date” means—

(a) in the case of an overseas dissolution, annulment or legal separation obtained by means of proceedings, the date of the commencement of the proceedings;

(b) in the case of an overseas dissolution, annulment or legal separation obtained otherwise than by means of proceedings, the date on which it was obtained.

(3A) In this section references to “the relevant sort of relationship” are to the sort of relationship that the civil partnership in question is, and include—

(a) in the case of a relationship between two persons who are of the same sex under the relevant law, reference to that sort of relationship whether generally or between two persons of the same sex;

(b) in the case of a relationship between two persons who are of the opposite sex under the relevant law, reference to that sort of relationship whether generally or between two persons of the opposite sex.

(3B) In subsection (3A), “the relevant law” means the law in relation to which the question of recognition arises under subsection (1A)(c) or (as the case may be) (2A)(b).

(4) Where in the case of an overseas annulment the relevant date fell after the death of either civil partner, any reference in subsection (1) or (2) to that date is to be read in relation to that civil partner as a reference to the date of death.

Refusal of recognition

236

(1) Recognition of the validity of an overseas dissolution, annulment or legal separation may be refused in any part of the United Kingdom if the dissolution, annulment or separation was obtained at a time when it was irreconcilable with a decision determining the question of the subsistence or validity of the civil partnership—

(a) previously given by a court of civil jurisdiction in that part of the United Kingdom, or

(b) previously given by a court elsewhere and recognised or entitled to be recognised in that part of the United Kingdom.

(2) Recognition of the validity of an overseas dissolution or legal separation may be refused in any part of the United Kingdom if the dissolution or separation was obtained at a time when, according to the law of that part of the United Kingdom, there was no subsisting civil partnership.

(3) Recognition of the validity of an overseas dissolution, annulment or legal separation may be refused if—

(a) in the case of a dissolution, annulment or legal separation obtained by means of proceedings, it was obtained—

(i) without such steps having been taken for giving notice of the proceedings to a civil partner as, having regard to the nature of the proceedings and all the circumstances, should reasonably have been taken, or

(ii) without a civil partner having been given (for any reason other than lack of notice) such opportunity to take part in the proceedings as, having regard to those matters, he should reasonably have been given, or

(b) in the case of a dissolution, annulment or legal separation obtained otherwise than by means of proceedings—

(i) there is no official document certifying that the dissolution, annulment or legal separation is effective under the law of the country in which it was obtained, or

(ii) where either civil partner was domiciled in another country at the relevant date, there is no official document certifying that the dissolution, annulment or legal separation is recognised as valid under the law of that other country, or

(c) in either case, recognition of the dissolution, annulment or legal separation would be manifestly contrary to public policy.

(4) In this section—

“official”, in relation to a document certifying that a dissolution, annulment or legal separation is effective, or is recognised as valid, under the law of any country, means issued by a person or body appointed or recognised for the purpose under that law;

“the relevant date” has the same meaning as in section 235.

Supplementary provisions relating to recognition of dissolution etc.

237

(1) For the purposes of sections 235 and 236, a civil partner is to be treated as domiciled in a country if he was domiciled in that country—

(a) according to the law of that country in family matters, or

(b) according to the law of the part of the United Kingdom in which the question of recognition arises.

(2) The Lord Chancellor , the Department of Justice in Northern Ireland or the Scottish Ministers may by regulations make provision—

(a) applying sections 235 and 236 and subsection (1) with modifications in relation to any country whose territories have different systems of law in force in matters of dissolution, annulment or legal separation;

(b) applying sections 235 and 236 with modifications in relation to—

(i) an overseas dissolution, annulment or legal separation in the case of an overseas relationship (or an apparent or alleged overseas relationship);

(ii) any case where a civil partner is domiciled in a country or territory whose law does not recognise relationships of the sort that the civil partnership in question is (whether generally, between two persons of the same sex, or between two persons of the opposite sex);

(c) with respect to recognition of the validity of an overseas dissolution, annulment or legal separation in cases where there are cross-proceedings;

(d) with respect to cases where a legal separation is converted under the law of the country or territory in which it is obtained into a dissolution which is effective under the law of that country or territory;

(e) with respect to proof of findings of fact made in proceedings in any country or territory outside the United Kingdom.

(3) The power of the Lord Chancellor or the Scottish Ministers to make regulations under subsection (2) is exercisable by statutory instrument.

(4) A statutory instrument containing such regulations—

(a) if made by the Lord Chancellor, is subject to annulment in pursuance of a resolution of either House of Parliament;

(b) if made by the Scottish Ministers, is subject to annulment in pursuance of a resolution of the Scottish Parliament.

(4A) The power of the Department of Justice in Northern Ireland to make regulations under subsection (2) is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979.

(4B) Regulations made by the Department of Justice under subsection (2) are subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954.

(5) In this section (except subsection (4)) and sections 233 to 236 and 238—

“annulment” includes any order annulling a civil partnership, however expressed;

“part of the United Kingdom” means England and Wales, Scotland or Northern Ireland;

“proceedings” means judicial or other proceedings.

(6) Nothing in this Chapter is to be read as requiring the recognition of any finding of fault made in proceedings for dissolution, annulment or legal separation or of any maintenance, custody or other ancillary order made in any such proceedings.

Non-recognition elsewhere of dissolution or annulment

238

(1) This section applies where, in any part of the United Kingdom—

(a) a dissolution or annulment of a civil partnership has been granted by a court of civil jurisdiction, or

(b) the validity of a dissolution or annulment of a civil partnership is recognised by virtue of this Chapter.

(2) The fact that the dissolution or annulment would not be recognised outside the United Kingdom does not—

(a) preclude either party from forming a subsequent civil partnership or marriage in that part of the United Kingdom, or

(b) cause the subsequent civil partnership or marriage of either party (wherever it takes place) to be treated as invalid in that part.

Chapter 4 — Miscellaneous and supplementary

Commanding officers' certificates for Part 2 purposes

239

(1) Her Majesty may by Order in Council make provision in relation to cases where—

(a) two people wish to register as civil partners of each other in England and Wales (under Chapter 1 of Part 2), and

(b) one of them (“A”) is an officer, seaman or marine borne on the books of one of Her Majesty's ships at sea and the other is resident in England and Wales,

for the issue to A, by the captain or other officer in command of the ship, of a certificate of no impediment.

(2) The Order may provide for the issue of the certificate to be subject to the giving of such notice and the making of such declarations as may be prescribed.

(3) A certificate of no impediment is a certificate that no legal impediment to the formation of the civil partnership has been shown to the . . . officer issuing the certificate to exist.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Certificates of no impediment to overseas relationships

240

(1) Her Majesty may by Order in Council make provision for the issue of certificates of no impediment to—

(a) United Kingdom nationals, and

(b) such other persons falling within subsection (2) as may be prescribed,

who wish to enter into overseas relationships in prescribed countries or territories outside the United Kingdom with persons who are not United Kingdom nationals and who do not fall within subsection (2).

(2) A person falls within this subsection if under any enactment for the time being in force in any country mentioned in Schedule 3 to the British Nationality Act 1981 (c. 61) (Commonwealth countries) that person is a citizen of that country.

(3) A certificate of no impediment is a certificate that, after proper notices have been given, no legal impediment to the recipient entering into the overseas relationship has been shown to the person issuing the certificate to exist.

Transmission of certificates of registration of overseas relationships

241

(1) Her Majesty may by Order in Council provide—

(a) for the transmission to the Registrar General, by such persons or in such manner as may be prescribed, of certificates of the registration of overseas relationships entered into by United Kingdom nationals in prescribed countries or territories outside the United Kingdom,

(b) for the issue by the Registrar General of a certified copy of such a certificate received by him, and

(2) “The Registrar General” means—

(a) in relation to England and Wales, the Registrar General for England and Wales,

(b) in relation to Scotland, the Registrar General of Births, Deaths and Marriages for Scotland, and

Power to make provision relating to certain Commonwealth forces

242

(1) This section applies if it appears to Her Majesty that any law in force in Canada, the Commonwealth of Australia or New Zealand (or in a territory of either of the former two countries) makes, in relation to forces raised there, provision similar to that made by section 211 (registration by armed forces personnel).

(2) Her Majesty may by Order in Council make provision for securing that the law in question has effect as part of the law of the United Kingdom.

Fees

243

(1) The power to make an order under section 34(1) (fees) includes power to make an order prescribing fees in respect of anything which, by virtue of an Order in Council under this Part, is required to be done by registration authorities in England and Wales or by or on behalf of the Registrar General for England and Wales.

(2) Regulations made by the Registrar General of Births, Deaths and Marriages for Scotland may prescribe fees in respect of anything which, by virtue of an Order in Council under this Part, is required to be done by him or on his behalf.

(3) Subsections (3) and (4) of section 126 apply to regulations made under subsection (2) as they apply to regulations under Part 3.

(4) The power to make an order under section 157(1) includes power to make an order prescribing fees in respect of anything which, by virtue of an Order in Council under this Part, is required to be done by or on behalf of the Registrar General for Northern Ireland.

Orders in Council: supplementary

244

(1) An Order in Council under section 210, 211, 239, 240, 241 or 242 may make—

(a) different provision for different cases, and

(b) such supplementary, incidental, consequential, transitional, transitory or saving provision as appears to Her Majesty to be appropriate.

(2) The provision that may be made by virtue of subsection (1)(b) includes in particular provision corresponding to or applying with modifications any provision made by or under—

(a) this Act, or

(b) any Act relating to marriage outside the United Kingdom.

(3) A statutory instrument containing an Order in Council under section 210, 211, 239, 240, 241 or 242 is subject to annulment in pursuance of a resolution of either House of Parliament.

(4) Subsection (3) applies whether or not the Order also contains other provisions made by Order in Council under—

the Foreign Marriage Act 1892 (c. 23),

section 3 of the Foreign Marriage Act 1947 (c. 33), or

section 39 of the Marriage Act 1949 (c. 76).

(5) In sections 210, 211, 239, 240 and 241 “prescribed” means prescribed by an Order in Council under the section in question.

Interpretation

245

(1) In this Part “United Kingdom national” means a person who is—

(a) a British citizen, a British overseas territories citizen, a British Overseas citizen or a British National (Overseas),

(b) a British subject under the British Nationality Act 1981 (c. 61), or

(2) In this Part “Her Majesty’s forces” has the same meaning as in the Armed Forces Act 2006.

Part 6 — Relationships arising through civil partnership

Interpretation of statutory references to stepchildren etc.

246

(1) In any provision to which this section applies, references to a stepchild or step-parent of a person (here, “A”), and cognate expressions, are to be read as follows—

A’s stepchild includes a person who is the child of A’s civil partner (but is not A’s child);

A’s step-parent includes a person who is the civil partner of A’s parent (but is not A’s parent);

A’s stepdaughter includes a person who is the daughter of A’s civil partner (but is not A’s daughter);

A’s stepson includes a person who is the son of A’s civil partner (but is not A’s son);

A’s stepfather includes a person who is the civil partner of A’s father (but is not A’s parent);

A’s stepmother includes a person who is the civil partner of A’s mother (but is not A’s parent);

A’s stepbrother includes a person who is the son of the civil partner of A’s parent (but is not the son of either of A’s parents);

A’s stepsister includes a person who is the daughter of the civil partner of A’s parent (but is not the daughter of either of A’s parents).

(2) For the purposes of any provision to which this section applies—

“brother-in-law” includes civil partner’s brother,

“daughter-in-law” includes daughter’s civil partner,

“father-in-law” includes civil partner’s father,

“mother-in-law” includes civil partner’s mother,

“parent-in-law” includes civil partner’s parent,

“sister-in-law” includes civil partner’s sister, and

“son-in-law” includes son’s civil partner.

Provisions to which section 246 applies: Acts of Parliament etc.

247

(1) Section 246 applies to—

(a) any provision listed in Schedule 21 (references to stepchildren, in-laws etc. in existing Acts),

(b) except in so far as otherwise provided, any provision made by a future Act, and

(2) A Minister of the Crown may by order—

(a) amend Schedule 21 by adding to it any provision of an existing Act;

(b) provide for section 246 to apply to prescribed provisions of existing subordinate legislation.

(3) The power conferred by subsection (2) is also exercisable—

(a) by the Scottish Ministers, in relation to a relevant Scottish provision;

(b) by a Northern Ireland department, in relation to a provision which deals with a transferred matter;

(c) by the National Assembly for Wales, if the order is made by virtue of subsection (2)(b) and deals with matters with respect to which functions are exercisable by the Assembly.

(4) Subject to subsection (5), the power to make an order under subsection (2) is exercisable by statutory instrument.

(5) Any power of a Northern Ireland department to make an order under subsection (2) is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).

(6) A statutory instrument containing an order under subsection (2) made by a Minister of the Crown is subject to annulment in pursuance of a resolution of either House of Parliament.

(7) A statutory instrument containing an order under subsection (2) made by the Scottish Ministers is subject to annulment in pursuance of a resolution of the Scottish Parliament.

(8) A statutory rule containing an order under subsection (2) made by a Northern Ireland department is subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.))).

(9) In this section—

“Act” includes an Act of the Scottish Parliament;

“existing Act” means an Act passed on or before the last day of the Session in which this Act is passed;

“existing subordinate legislation” means subordinate legislation made before the day on which this section comes into force;

“future Act” means an Act passed after the last day of the Session in which this Act is passed;

“future subordinate legislation” means subordinate legislation made on or after the day on which this section comes into force;

“Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975 (c. 26);

“prescribed” means prescribed by the order;

“relevant Scottish provision” means a provision that would be within the legislative competence of the Scottish Parliament if it were included in an Act of that Parliament;

“subordinate legislation” has the same meaning as in the Interpretation Act 1978 (c. 30) except that it includes an instrument made under an Act of the Scottish Parliament;

“transferred matter” has the meaning given by section 4(1) of the Northern Ireland Act 1998 (c. 47) and “deals with” in relation to a transferred matter is to be construed in accordance with section 98(2) and (3) of the 1998 Act.

Provisions to which section 246 applies: Northern Ireland

248

(1) Section 246 applies to—

(a) any provision listed in Schedule 22 (references to stepchildren, etc. in Northern Ireland legislation),

(b) except in so far as otherwise provided, any provision made by any future Northern Ireland legislation, and

(2) The Department of Finance and Personnel may by order—

(a) amend Schedule 22 by adding to it any provision of existing Northern Ireland legislation;

(b) provide for section 246 to apply to prescribed provisions of existing subordinate legislation.

(3) The power to make an order under subsection (2) is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).

(4) An order under subsection (2) is subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 (1954 c. 33 (N.I.))).

(5) In this section—

“existing Northern Ireland legislation” means Northern Ireland legislation passed or made on or before the last day of the Session in which this Act is passed;

“existing subordinate legislation” means subordinate legislation made before the day on which this section comes into force;

“future Northern Ireland legislation” means Northern Ireland legislation passed or made after the last day of the Session in which this Act is passed;

“future subordinate legislation” means subordinate legislation made on or after the day on which this section comes into force;

“prescribed” means prescribed by the order;

“subordinate legislation” means any instrument (within the meaning of section 1(c) of the Interpretation Act (Northern Ireland) 1954 (1954 c. 33 (N.I.))).

Part 7 — Miscellaneous

Immigration control and formation of civil partnerships

249

Schedule 23 contains provisions relating to the formation of civil partnerships in the United Kingdom by persons subject to immigration control.

Gender recognition where applicant a civil partner

250

(1) Amend the Gender Recognition Act 2004 (c. 7) as follows.

(2) In—

(a) section 3 (evidence), in subsection (6)(a), and

(b) section 4 (successful applications), in subsections (2) and (3),

after “is married” insert “ or a civil partner ”.

(3) In section 5 (subsequent issue of full certificates)—

(a) in subsection (2), after “is again married” insert “ or is a civil partner ”,

(b) in subsection (6)(a), for “is not married” substitute “ is neither married nor a civil partner ”, and

(4) After section 5 insert—

(5A) (1) A court which— (a) makes final a nullity order made on the ground that an interim gender recognition certificate has been issued to a civil partner, or (b) (in Scotland) grants a decree of dissolution on that ground, must, on doing so, issue a full gender recognition certificate to that civil partner and send a copy to the Secretary of State. (2) If an interim gender recognition certificate has been issued to a person and either— (a) the person’s civil partnership is dissolved or annulled (otherwise than on the ground mentioned in subsection (1)) in proceedings instituted during the period of six months beginning with the day on which it was issued, or (b) the person’s civil partner dies within that period, the person may make an application for a full gender recognition certificate at any time within the period specified in subsection (3) (unless the person is again a civil partner or is married). (3) That period is the period of six months beginning with the day on which the civil partnership is dissolved or annulled or the death occurs. (4) An application under subsection (2) must include evidence of the dissolution or annulment of the civil partnership and the date on which proceedings for it were instituted, or of the death of the civil partner and the date on which it occurred. (5) An application under subsection (2) is to be determined by a Gender Recognition Panel. (6) The Panel— (a) must grant the application if satisfied that the applicant is neither a civil partner nor married, and (b) otherwise must reject it. (7) If the Panel grants the application it must issue a full gender recognition certificate to the applicant.

(5) In—

(a) section 7 (applications: supplementary), in subsection (1),

(b) section 8 (appeals etc.), in subsections (1) and (5), and

after “5(2)” insert “ , 5A(2) ”.

(6) In section 21 (foreign gender change and marriage), in subsection (4), after “entered into a later (valid) marriage” insert “ or civil partnership ”.

(7) In section 25 (interpretation), in the definition of “full gender recognition certificate” and “interim gender recognition certificate”, for “or 5” substitute “ , 5 or 5A ”.

(8) In Schedule 1 (Gender Recognition Panels), in paragraph 5, after “5(2)” insert “ , 5A(2) ”.

(9) In Schedule 3 (registration), in paragraphs 9(1), 19(1) and 29(1), for “or 5(2)” substitute “ , 5(2) or 5A(2) ”.

Discrimination against civil partners in employment field

251

(1) Amend the Sex Discrimination Act 1975 (c. 65) as follows.

(2) For section 3 (discrimination against married persons in employment field) substitute—

(3) (1) In any circumstances relevant for the purposes of any provision of Part 2, a person discriminates against a person (“A”) who fulfils the condition in subsection (2) if— (a) on the ground of the fulfilment of the condition, he treats A less favourably than he treats or would treat a person who does not fulfil the condition, or (b) he applies to A a provision, criterion or practice which he applies or would apply equally to a person who does not fulfil the condition, but— (i) which puts or would put persons fulfilling the condition at a particular disadvantage when compared with persons not fulfilling the condition, and (ii) which puts A at that disadvantage, and (iii) which he cannot show to be a proportionate means of achieving a legitimate aim. (2) The condition is that the person is— (a) married, or (b) a civil partner. (3) For the purposes of subsection (1), a provision of Part 2 framed with reference to discrimination against women is to be treated as applying equally to the treatment of men, and for that purpose has effect with such modifications as are requisite.

(3) In section 5 (interpretation), for subsection (3) substitute—

(3) Each of the following comparisons, that is— (a) a comparison of the cases of persons of different sex under section 1(1) or (2), (b) a comparison of the cases of persons required for the purposes of section 2A, and (c) a comparison of the cases of persons who do and who do not fulfil the condition in section 3(2), must be such that the relevant circumstances in the one case are the same, or not materially different, in the other.

;

and omit section 1(4).

(4) In section 7 (exception where sex is a genuine occupational qualification), in subsection (2)(h) for “by a married couple” substitute

— (i) by a married couple, (ii) by a couple who are civil partners of each other, or (iii) by a married couple or a couple who are civil partners of each other

(5) In section 65 (remedies on complaint under section 63), in subsection (1B) for “or marital status as the case may be” substitute “ or (as the case may be) fulfilment of the condition in section 3(2) ”.

Discrimination against civil partners in employment field: Northern Ireland

252

(1) Amend the Sex Discrimination (Northern Ireland) Order 1976 (S.I. 1976/1042 (N.I. 15)) as follows.

(2) For Article 5 (discrimination against married persons in employment field) substitute—

(5) (1) In any circumstances relevant for the purposes of any provision of Part 3, a person discriminates against a person (“A”) who fulfils the condition in paragraph (2) if— (a) on the ground of the fulfilment of the condition, he treats A less favourably than he treats or would treat a person who does not fulfil the condition, or (b) he applies to A a provision, criterion or practice which he applies or would apply equally to a person who does not fulfil the condition, but— (i) which puts or would put persons fulfilling the condition at a particular disadvantage when compared with persons not fulfilling the condition, and (ii) which puts A at that disadvantage, and (iii) which he cannot show to be a proportionate means of achieving a legitimate aim. (2) The condition is that the person is— (a) married, or (b) a civil partner. (3) For the purposes of paragraph (1), a provision of Part 3 framed with reference to discrimination against women is to be treated as applying equally to the treatment of men, and for that purpose has effect with such modifications as are requisite.

(3) For Article 7 (basis of comparison) substitute—

(7) Each of the following comparisons, that is— (a) a comparison of the cases of persons of different sex under Article 3(1) or (2), (b) a comparison of the cases of persons required for the purposes of Article 4A, and (c) a comparison of the cases of persons who do and who do not fulfil the condition in Article 5(2), must be such that the relevant circumstances in the one case are the same, or not materially different, in the other.

;

and omit Article 3(4).

(4) In Article 10 (exception where sex is a genuine occupational qualification), in paragraph (2)(h) for “by a married couple” substitute—

(i) by a married couple, (ii) by a couple who are civil partners of each other, or (iii) by a married couple or a couple who are civil partners of each other

(5) In Article 65 (remedies on complaint under Article 63), in paragraph (1B) for “or marital status as the case may be” substitute “ or (as the case may be) fulfilment of the condition in Article 5(2) ”.

Civil partners to have unlimited insurable interest in each other

253

(1) Where two people are civil partners, each of them is to be presumed for the purposes of section 1 of the Life Assurance Act 1774 (c. 48) to have an interest in the life of the other.

(2) For the purposes of section 3 of the 1774 Act, there is no limit on the amount of value of the interest.

254

(1) Schedule 24 contains amendments relating to social security, child support and tax credits.

(2) Subsection (3) applies in relation to any provision of any Act, Northern Ireland legislation or subordinate legislation which—

(a) relates to social security, child support or tax credits, and

(b) contains references (however expressed) to persons who are living or have lived together as husband and wife.

(3) The power under section 259 to make orders amending enactments, Northern Ireland legislation and subordinate legislation is to be treated as including power to amend the provision to refer to persons who are living or have lived together as if they were civil partners.

(4) Subject to subsection (5), section 175(3), (5) and (6) of the Social Security Contributions and Benefits Act 1992 (c. 4) applies to the exercise of the power under section 259 in relation to social security, child support or tax credits as it applies to any power under that Act to make an order (there being disregarded for the purposes of this subsection the exceptions in section 175(3) and (5) of that Act).

(5) Section 171(3), (5) and (6) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7) applies to the exercise by a Northern Ireland department of the power under section 259 in relation to social security and child support as it applies to any power under that Act to make an order (there being disregarded for the purposes of this subsection the exceptions in section 171(3) and (5) of that Act).

(6) The reference in subsection (2) to an Act or Northern Ireland legislation relating to social security is to be read as including a reference to—

(a) the Pneumoconiosis etc. (Workers' Compensation) Act 1979 (c. 41), and

(b) the Pneumoconiosis, etc., (Workers' Compensation) (Northern Ireland) Order 1979 (S.I. 1979/925 (N.I. 9));

and the references in subsections (4) and (5) to social security are to be construed accordingly.

Power to amend enactments relating to pensions

255

(1) A Minister of the Crown may by order make such amendments, repeals or revocations in any enactment, Northern Ireland legislation, subordinate legislation or Church legislation relating to pensions, allowances or gratuities as he considers appropriate for the purpose of, or in connection with, making provision with respect to pensions, allowances or gratuities for the surviving civil partners or dependants of deceased civil partners.

(2) The power conferred by subsection (1) is also exercisable—

(a) by the Scottish Ministers, if the provision making the amendment, repeal or revocation is a relevant Scottish provision;

(b) by a Northern Ireland department, if the provision making the amendment, repeal or revocation deals with a transferred matter.

(3) In the case of judicial pensions, allowances or gratuities, the power conferred by subsection (1) is exercisable—

(a) in relation to any judicial office whose jurisdiction is exercised exclusively in relation to Scotland, by the Secretary of State, or

(b) subject to paragraph (a), by the Lord Chancellor.

(4) The provision which may be made by virtue of subsection (1)—

(a) may be the same as, or different to, the provision made with respect to widows, widowers or the dependants of persons who are not civil partners, and

(b) may be made with a view to ensuring that pensions, allowances or gratuities take account of rights which accrued, service which occurred or any other circumstances which existed before the passing of this Act.

(5) The power conferred by subsection (1) is not restricted by any provision of this Act.

(6) Before the appropriate person makes an order under subsection (1) he must consult such persons as he considers appropriate.

(7) Subsection (6) does not apply—

(a) to an order in the case of which the appropriate person considers that consultation is inexpedient because of urgency, or

(b) to an order made before the end of the period of 6 months beginning with the coming into force of this section.

(8) Subject to subsection (9), the power to make an order under subsection (1) is exercisable by statutory instrument.

(9) Any power of a Northern Ireland department to make an order under this section is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).

(10) An order under subsection (1) may not be made—

(a) by a Minister of the Crown, unless a draft of the statutory instrument containing the order has been laid before, and approved by a resolution of, each House of Parliament;

(b) by the Scottish Ministers, unless a draft of the statutory instrument containing the order has been laid before, and approved by a resolution of, the Scottish Parliament;

(c) by a Northern Ireland department, unless a draft of the statutory rule containing the order has been laid before, and approved by a resolution of, the Northern Ireland Assembly.

(11) In this section—

“the appropriate person”, in relation to an order under this section, means the person making the order;

“Church legislation” means—any Measure of the Church Assembly or of the General Synod of the Church of England, orany order, regulation or other instrument made under or by virtue of such a Measure;

“enactment” includes an enactment comprised in an Act of the Scottish Parliament;

“Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975 (c. 26);

“relevant Scottish provision” means a provision that would be within the legislative competence of the Scottish Parliament if it were included in an Act of that Parliament;

“subordinate legislation” has the same meaning as in the Interpretation Act 1978 (c. 30) except that it includes any instrument made under an Act of the Scottish Parliament and any instrument within the meaning of section 1(c) of the Interpretation Act (Northern Ireland) 1954 (1954 c. 33 (N.I.));

“transferred matter” has the meaning given by section 4(1) of the Northern Ireland Act 1998 (c. 47) and “deals with” in relation to a transferred matter is to be construed in accordance with section 98(2) and (3) of the 1998 Act.

Amendment of certain enactments relating to pensions

256

Schedule 25 amends certain enactments relating to pensions.

Amendment of certain enactments relating to the armed forces

257

Schedule 26 amends certain enactments relating to the armed forces.

Part 8 — Supplementary

Regulations and orders

258

(1) This section applies to any power conferred by this Act to make regulations or an order (except a power of a court to make an order).

(2) The power may be exercised so as to make different provision for different cases and different purposes.

(3) The power includes power to make any supplementary, incidental, consequential, transitional, transitory or saving provision which the person making the regulations or order considers expedient.

Power to make further provision in connection with civil partnership

259

(1) A Minister of the Crown may by order make such further provision (including supplementary, incidental, consequential, transitory, transitional or saving provision) as he considers appropriate—

(a) for the general purposes, or any particular purpose, of this Act,

(b) in consequence of any provision made by or under this Act, or

(2) The power conferred by subsection (1) is also exercisable—

(a) by the Scottish Ministers, in relation to a relevant Scottish provision;

(b) by a Northern Ireland department, in relation to a provision which deals with a transferred matter;

(c) by the National Assembly for Wales, in relation to a provision which is made otherwise than by virtue of subsection (3) and deals with matters with respect to which functions are exercisable by the Assembly.

(3) An order under subsection (1) may—

(a) amend or repeal any enactment contained in an Act passed on or before the last day of the Session in which this Act is passed, including an enactment conferring power to make subordinate legislation where the power is limited by reference to persons who are or have been parties to a marriage;

(b) amend, repeal or (as the case may be) revoke any provision contained in Northern Ireland legislation passed or made on or before the last day of the Session in which this Act is passed, including a provision conferring power to make subordinate legislation where the power is limited by reference to persons who are or have been parties to a marriage;

(4) An order under subsection (1) may—

(a) provide for any provision of this Act which comes into force before another such provision has come into force to have effect, until that other provision has come into force, with such modifications as are specified in the order;

(b) amend or revoke any subordinate legislation.

(5) The power to make an order under subsection (1) is not restricted by any other provision of this Act.

(6) Subject to subsection (7), the power to make an order under subsection (1) is exercisable by statutory instrument.

(7) Any power of a Northern Ireland department to make an order under this section is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).

(8) An order under subsection (1) which contains any provision (whether alone or with other provisions) made by virtue of subsection (3) may not be made—

(a) by a Minister of the Crown, unless a draft of the statutory instrument containing the order has been laid before, and approved by a resolution of, each House of Parliament;

(b) by the Scottish Ministers, unless a draft of the statutory instrument containing the order has been laid before, and approved by a resolution of, the Scottish Parliament;

(c) by a Northern Ireland department, unless a draft of the statutory rule containing the order has been laid before, and approved by a resolution of, the Northern Ireland Assembly.

(9) A statutory instrument containing an order under subsection (1) to which subsection (8) does not apply—

(a) if made by a Minister of the Crown, is subject to annulment in pursuance of a resolution of either House of Parliament;

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