Civil Partnership Act 2004 Explanatory Notes

  • Explanatory Notes Table of contents
  1. Introduction

  2. Summary

  3. Background

  4. The Act

  5. Commentary on Sections

    1. Part 1 - Introduction

      1. Section 1: Civil Partnership

    2. Introduction

      Part 2 – Civil Partnership: England and Wales

      1. Chapter 1 – Registration

        1. Section 2: Formation of civil partnership by registration

        2. Section 3: Eligibility

        3. Section 4: Parental consent where proposed civil partner under 18

        4. Section 5: Types of pre-registration procedure

        5. Section 6: Place of registration

        6. Section 7: The civil partnership document

        7. Section 8: Notice of proposed civil partnership and declaration

        8. Section 9: Power to require evidence of name

        9. Section 10: Proposed civil partnerships to be publicised

        10. Section 11: Meaning of the “waiting period”

        11. Section 12: Power to shorten the waiting period

        12. Section 13: Objection to proposed civil partnership

        13. Section 14: Issue of civil partnership schedule

        14. Section 15: Appeal against refusal to issue civil partnership schedule

        15. Section 16: Frivolous objections and representations: liability for costs

        16. Section 17: Period during which registration may take place

        17. Section 18: House-bound persons

        18. Section 19: Detained persons

        19. Section 20: Modified procedures for certain non-residents

        20. Section 21: Notice of proposed civil partnership

        21. Section 22: Evidence to be produced

        22. Section 23: Application to be reported to the Registrar General

        23. Section 24: Objection to issue of Registrar General’s licence

        24. Section 25: Issue of Registrar General’s licence

        25. Section 26: Frivolous objections: liability for costs

        26. Section 27: Period during which registration may take place

        27. Section 28: Registration authorities

        28. Section 29: Civil partnership registrars

        29. Section 30: The Registrar General and the register

        30. Section 31: Offences relating to civil partnership schedule

        31. Section 32: Offences relating to Registrar General’s licence

        32. Section 33: Offences relating to the recording of civil partnerships

        33. Section 34: Fees

        34. Section 35: Power to assimilate provisions relating to civil registration

        35. Section 36: Regulations and orders

      2. Chapter 2 – Dissolution, Nullity and Other Proceedings

        1. Section 37: Powers to make orders and effect of orders

        2. Section 38: The period before conditional orders may be made final

        3. Section 39: Intervention of the Queen’s Proctor

        4. Section 40: Proceedings before order has been made final

        5. Section 41: Time bar on applications for dissolution orders

        6. Section 42: Attempts at reconciliation of civil partners

        7. Section 43: Consideration by the court of certain agreements or arrangements

        8. Section 44: Dissolution of civil partnership which has broken down irretrievably

        9. Section 45: Supplemental provisions as to facts raising presumption of breakdown

        10. Section 46: Dissolution order not precluded by previous separation order

        11. Section 47: Refusal of dissolution in 5 year separation cases on ground of grave hardship

        12. Section 48: Proceedings before order made final: protection for respondent in separation cases

        13. Section 49: Grounds on which civil partnership is void

        14. Section 50: Grounds on which civil partnership is voidable

        15. Section 51: Bars to relief where civil partnership is voidable

        16. Section 52: Proof of certain matters not necessary to validity of civil partnership

        17. Section 53: Power to validate civil partnership

        18. Section 54: Validity of civil partnership registered outside England and Wales

        19. Section 55: Presumption of death orders

        20. Section 56: Separation orders

        21. Section 57: Effect of separation order

        22. Section 58: Declarations

        23. Section 59: General provisions as to making and effect of declarations

        24. Section 60: The Attorney General and proceedings for declarations

        25. Section 61: Supplementary provisions as to declarations

        26. Section 62: Relief for respondent in dissolution proceedings

        27. Section 63: Restrictions on making of orders affecting children

        28. Section 64: Parties to proceedings under this chapter

      3. Chapter 3 – Property and financial arrangements

        1. Section 65: Contribution by civil partner to property improvement

        2. Section 66: Disputes between civil partners about property

        3. Section 67: Applications under section 66 where property not in possession

        4. Section 68: Applications under section 66 by former civil partners

        5. Section 69: Actions in tort between civil partners

        6. Section 70: Assurance policy by civil partner for benefit of other civil partner

        7. Section 71: Wills, administration of estates and family provision

        8. Section 72: Financial relief for civil partners and children of the family

      4. Chapter 4 – Civil partnership agreements

        1. Section 73: Civil partnership agreements unenforceable

        2. Section 74: Property where civil partnership agreement is terminated

      5. Chapter 5 – Children

        1. Section 75: Parental responsibility, children of the family and relatives

        2. Section 76: Guardianship

        3. Section 77: Entitlement to apply for a residence or contact order

        4. Section 78: Financial provision for children

        5. Section 79: Adoption

      6. Chapter 6 – Miscellaneous

        1. Section 80: False statements with reference to civil partnerships

        2. Section 81: Housing and tenancies

        3. Section 82: Family homes and domestic violence

        4. Section 83: Fatal accidents claims

        5. Section 84: Evidence

    3. Introduction

      Part 3 - Civil Partnerships: Scotland

      1. Chapter 1 - Formation and eligibility

        1. Section 85: Formation of civil partnership by registration

        2. Section 86: Eligibility

      2. Chapter 2 - Registration

        1. Section 87: Appointment of authorised registrars

        2. Section 88: Notice of proposed civil partnership

        3. Section 89: Civil partnership notice book

        4. Section 90: Publicisation

        5. Section 91: Early registration

        6. Section 92: Objections to registration

        7. Section 93: Place of registration

        8. Section 94: The civil partnership schedule

        9. Section 95: Further provision as to registration

        10. Section 96: Civil partnership with former spouse

        11. Section 97: Certificates of no impediment for part 2 purposes

        12. Section 98: Application of certain sections of 1965 Act to civil partnership register

        13. Section 99: Correction of errors in civil partnership register

        14. Section 100: Offences

      3. Chapter 3 – Occupancy Rights and Tenancies

        1. Section 101: Occupancy rights

        2. Section 102: Occupancy: subsidiary and consequential rights

        3. Section 103: Regulation by court of rights of occupancy of family home

        4. Section 104: Exclusion orders

        5. Section 105: Duration of orders under sections 103 and 104

        6. Section 106: Continued exercise of occupancy rights after dealing

        7. Section 107: Dispensation with civil partner’s consent to dealing

        8. Section 108: Interests of heritable creditors

        9. Section 109: Provisions where both civil partners have title

        10. Section 110: Rights of occupancy in relation to division and sale

        11. Section 111: Adjudication

        12. Section 112: Transfer of tenancy

      4. Chapter 4 - Interdicts

        1. Section 113: Civil partners: competency of interdict

        2. Section 114: Attachment of powers of arrest to relevant interdicts

        3. Section 115: Police powers after arrest

        4. Section 116: Procedure after arrest

      5. Chapter 5 – Dissolution, Separation and Nullity

        1. Section 117: Dissolution

        2. Section 118: Encouragement of reconciliation

        3. Section 119: Effect of resumption of cohabitation in certain actions

        4. Section 120: Separation

        5. Section 121: Dissolution following on decree of separation

        6. Section 122: Registration of dissolution of civil partnership

        7. Section 123: Nullity

        8. Section 124: Validity of civil partnerships registered outside Scotland

        9. Section 125: Financial provision after overseas dissolution or annulment

      6. Chapter 6 – Miscellaneous and Interpretation

        1. Section 126: Regulations

        2. Section 127: Attachment

        3. Section 128 - Promise of agreement to enter into civil partnership

        4. Section 129: Lord Advocate as party to action for nullity or dissolution of civil partnership

        5. Section 130: Civil partner of accused a competent witness

        6. Section 131:  Succession: legal rights arising by virtue of civil partnership

        7. Section 132: Assurance policies: Scotland

        8. Section 133: Council Tax: liability of civil partners

        9. Section 134: General provisions as to fees

        10. Section 135: Interpretation of this Part

        11. Section 136: The expression “relative” in the 1965 Act

    4. Introduction

      Part 4 – Civil Partnership: Northern Ireland

      1. Chapter 1 - Registration

        1. Section 137: Formation of civil partnership by registration

        2. Section 138: Eligibility

        3. Section 139: Notice of proposed civil partnership

        4. Section 140: Civil partnership notice book and list of intended civil partnerships

        5. Section 141: Power to require evidence of name

        6. Section 142: Objections

        7. Section 143: Civil partnership schedule

        8. Section 144: Place of registration

        9. Section 145: Parental consent where proposed civil partner under 18

        10. Section 146: Validity of registration

        11. Section 147: Corrections and cancellations

        12. Section 148: Interpreters

        13. Section 149: Detained persons

        14. Section 150: Certificates of no impediment for Part 2 purposes

        15. Section 151: Registration districts and registration authorities

        16. Section 152: Registrars and other staff

        17. Section 153: Records and documents to be sent to Registrar General

        18. Section 154: Annual report

        19. Section 155: Searches

        20. Section 156: Proof of civil partnership for purposes of certain statutory provisions

        21. Section 157: Fees

        22. Section 158: Offences

        23. Section 159: Regulations

        24. Section 160: Interpretation

      2. Chapter 2 – Dissolution, Nullity and Other Proceedings

        1. Section 161: Powers to make orders and effect of orders

        2. Section 162: The period before conditional orders may be made final

        3. Section 163: Intervention by the Crown Solicitor

        4. Section 164: Proceedings before order has been made final

        5. Section 165:  Time bar on applications for dissolution orders

        6. Section 166: Attempts at reconciliation of civil partners

        7. Section 167: Consideration by the court of certain agreements or arrangements

        8. Section 168: Dissolution of civil partnership which has broken down irretrievably

        9. Section 169: Supplemental provisions as to facts raising presumption of breakdown

        10. Section 170: Dissolution order not precluded by previous separation order

        11. Section 171: Refusal of dissolution in 5 year separation cases on ground of grave hardship

        12. Section 172: Proceedings before order made final: protection for respondent in separation cases

        13. Section 173: Grounds on which civil partnership is void

        14. Section 174: Grounds on which civil partnership is voidable

        15. Section 175: Bars to relief where civil partnership is voidable

        16. Section 176: Proof of certain matters not necessary to validity of civil partnership

        17. Section 177: Validity of civil partnerships registered outside Northern Ireland

        18. Section 178: Presumption of death orders

        19. Section 179: Separation orders

        20. Section 180: Effect of separation order

        21. Section 181: Declarations

        22. Section 182: General provisions as to making and effect of declarations

        23. Section 183: The Attorney General and proceedings for declarations

        24. Section 184: Supplementary provisions as to declarations

        25. Section 185: Relief for respondent in dissolution proceedings

        26. Section 186: Restrictions on making of orders affecting children

        27. Section 187: Parties to proceedings under this chapter

        28. Section 188: The court

        29. Section 189: Appeals

        30. Section 190: Transfer of proceedings

      3. Chapter 3 – Property and Financial Arrangements

        1. Section 191: Disputes between civil partners about property

        2. Section 192: Applications under section 191 where property not in possession

        3. Section 193: Applications under section 191 by former civil partners

        4. Section 194: Assurance policy by civil partner for benefit of other civil partner

        5. Section 195: Wills, administration of estates and family provision

        6. Section 196: Financial relief for civil partners and children of the family

      4. Chapter 4 – Civil Partnership Agreements

        1. Section 197: Civil partnership agreements unenforceable

        2. Section 198: Property where civil partnership agreement is terminated

      5. Chapter 5 - Children

        1. Section 199: Parental responsibility, children of the family and relatives

        2. Section 200: Guardianship

        3. Section 201: Entitlement to apply for a residence or contact order

        4. Section 202: Financial provision for children

        5. Section 203: Adoption

      6. Chapter 6 – Miscellaneous

        1. Section 204: False statements with reference to civil partnerships

        2. Section 205: Housing and tenancies

        3. Section 206: Family homes and domestic violence

        4. Section 207: Fatal accidents claims

        5. Section 208: Evidence

        6. Section 209: Restrictions on publicity of reports of proceedings

    5. Introduction

      Part 5 – Civil partnerships formed or dissolved abroad etc.

      1. Chapter 1 – Registration outside UK under Order in Council

        1. Section 210: Registration at British consulates

        2. Section 211: Registration by armed forces personnel

      2. Chapter 2 – Overseas relationships treated as civil partnerships

        1. Section 212: Meaning of “overseas relationship”

        2. Section 213: Specified relationships

        3. Section 214: The general conditions

        4. Section 215: Overseas relationships treated as civil partnerships: the general rule

        5. Section 216: The same-sex requirement

        6. Section 217: Person domiciled in a part of the United Kingdom

        7. Section 218: The public policy exception

      3. Chapter 3 - Dissolution : jurisdiction and recognition

        1. Section 219: Power to make provision corresponding to EC Regulation 2201/2003

        2. Section 220: Meaning of “the court”

        3. Section 221: Proceedings for dissolution, separation or nullity order

        4. Section 222: Proceedings for presumption of death order

        5. Section 223: Proceedings for dissolution, nullity or separation order: supplementary

        6. Section 224: Applications for declarations as to validity

        7. Section 225: Jurisdiction of Scottish courts

        8. Section 226: Sisting of proceedings

        9. Section 227: Scottish ancillary and collateral orders

        10. Section 228: Meaning of “the court”

        11. Section 229: Proceedings for dissolution, separation or nullity order

        12. Section 230: Proceedings for presumption of death order

        13. Section 231: Proceedings for dissolution, nullity or separation order: supplementary

        14. Section 232: Applications for declarations as to validity

        15. Section 233: Effect of dissolution, annulment or separation obtained in the UK

        16. Section 234: Recognition in the UK of overseas dissolution, annulment or separation

        17. Section 235: Grounds for recognition

        18. Section 236: Refusal of recognition

        19. Section 237: Supplementary provisions relating to recognition of dissolution

        20. Section 238: Non-recognition elsewhere of dissolution or annulment

      4. Chapter 4 – Miscellaneous and supplementary

        1. Section 239: Commanding officers’ certificates for part 2 purposes

        2. Section 240: Certificates of no impediment to overseas relationships

        3. Section 241: Transmission of certificates of registration of overseas relationships

        4. Section 242: Power to make provision relating to certain Commonwealth forces

        5. Section 243: Fees

        6. Section 244: Orders in Council: supplementary

        7. Section 245: Interpretation

    6. Introduction

      Part 6 – Relationships arising through civil partnerships

      1. Section 246: Interpretation of statutory references to stepchildren

      2. Section 247: Provisions to which section 246 applies: Acts of Parliament

      3. Section 248: Provisions to which section 246 applies: Northern Ireland

    7. Part 7 – Miscellaneous

      1. Section 249: Immigration control and formation of civil partnerships

      2. Section 250: Gender Recognition where applicant a civil partner

      3. Section 251: Discrimination against civil partners in employment field

      4. Section 252: Discrimination against civil partners in employment field: Northern Ireland

      5. Section 253: Civil partners to have an unlimited insurable interest in each other

      6. Section 254: Social security, child support and tax credits

      7. Section 255: Power to amend enactments relating to pensions

    8. Part 8 – Supplementary

      1. Section 258: Regulations and orders

      2. Section 259: Power to make further provision in connection with civil partnership

      3. Section 260: Community obligations and civil partners

      4. Section 262: Extent

      5. Section 263: Commencement

    9. Schedules

      1. Schedule 1 – Prohibited degrees of relationship: England and Wales

      2. Schedule 2 – Civil partnerships of persons under 18: England and Wales

      3. Schedule 3 – Registration by former spouses one of whom has changed sex

      4. Schedule 4 – Wills, the administration of estates and family provision

      5. Schedule 5 – Financial relief in the High Court or a county court

        1. Part 1 - Financial provision in connection with dissolution, nullity or separation

        2. Part 2 - Property adjustment on or after dissolution, nullity or separation.

        3. Part 3 - Sale of property orders

        4. Part 4 - Pension sharing orders on or after dissolution or nullity order

        5. Part 5 - Matters to which the court is to have regard under Parts 1 to 4

        6. Part 6 - Making of Part 1 orders having regard to pension benefits

        7. Part 7 – Pension Protection Fund compensation

        8. Part 8 - Maintenance pending outcome of dissolution, nullity or separation proceedings

        9. Part 9 - Failure to maintain: financial provision (and interim orders)

        10. Part 10 - Commencement of certain proceedings and duration of certain orders

        11. Part 11 - Variation, discharge of certain orders for financial relief

        12. Part 12 - Arrears and repayments

        13. Part 13 - Consent orders and maintenance agreements

        14. Part 14 - Miscellaneous and supplementary

      6. Schedule 6 - Financial relief in magistrates’ courts

        1. Part 1 - Failure to maintain : financial provision

        2. Part 2 - Orders for agreed financial provision

        3. Part 3 - Orders of court where civil partners are living apart by agreement

        4. Part 4 - Interim orders

        5. Part 5 - Commencement and duration of orders under Parts 1, 2 and 3

        6. Part 6 - Variation of orders

        7. Part 7 - Arrears and repayments

        8. Part 8 - Supplementary

      7. Schedule 7 - Financial relief in England and Wales after overseas dissolution of a civil partnership

        1. Part 1 Financial relief

        2. Part 2 - Steps to prevent avoidance prior to application for leave under paragraph 4

        3. Part 3 - Supplementary

      8. Schedule 8 – Housing and tenancies

      9. Schedule 9 - Family homes and domestic violence

      10. Schedule 10 – Forbidden degrees of relationship: Scotland

      11. Schedule 11 – Financial provision in Scotland after overseas proceedings

        1. Part 1- Introductory

        2. Part 2- Circumstances in which court may entertain application for financial provision

        3. Part 3 - Disposal of applications

        4. Part 4 - The expression “order for financial provision”

      12. Schedule 12 – Prohibited degrees of relationship: Northern Ireland

      13. Schedule 13 – Civil partnerships of persons under 18: Northern Ireland

      14. Schedule 14: Wills, administration of estates and family provision: Northern Ireland

      15. Schedule 15: Financial relief in the High Court or a county court : Northern Ireland

        1. Part 1 - Financial provision in connection with dissolution, nullity or separation

        2. Part 2 - Property adjustment on or after dissolution, nullity or separation

        3. Part 3 - Pension sharing orders on or after dissolution or nullity order

        4. Part 4 - Matters to which the court is to have regard under Parts 1 to 3

        5. Part 5 - Making of Part 1 orders having regard to pension benefits

        6. Part 6 – Pension Protection Fund compensation

        7. Part 7 - Maintenance pending outcome of dissolution, nullity or separation proceedings

        8. Part 8 - Failure to maintain: financial provision (and interim orders)

        9. Part 9 - Commencement of certain proceedings and duration of certain orders

        10. Part 10 - Variation, discharge of certain orders for financial relief

        11. Part 11 - Arrears and repayments

        12. Part 12 - Consent orders and maintenance agreements

        13. Part 13 - Miscellaneous and supplementary

      16. Schedule 16: Financial relief in court of summary jurisdiction : Northern Ireland

        1. Part 1 - Failure to maintain : financial provision

        2. Part 2 - Orders for agreed financial provision

        3. Part 3 - Orders of court where civil partners living apart by agreement

        4. Part 4 - Interim orders

        5. Part 5 - Commencement and duration of orders under Parts 1, 2 and 3

        6. Part 6 - Variation of orders

        7. Part 7 - Arrears and repayments

        8. Part 8 - Supplementary

      17. Schedule 17: Financial relief in Northern Ireland after overseas dissolution of a civil partnership

        1. Part 1 - Financial relief

        2. Part 2 - Steps to prevent avoidance prior to application for leave under paragraph 4

        3. Part 3 - Supplementary

      18. Schedule 18: Housing and tenancies: Northern Ireland

      19. Schedule 19: Family homes and domestic violence: Northern Ireland

        1. Part 1 – Amendments of the Family Homes and Domestic Violence (Northern Ireland) Order 1998 (S.I. 1998/1071 (N.I. 6))

        2. Part 2 – Consequential amendments

        3. Part 3 – Transitional arrangements

      20. Schedule 20 – Meaning of overseas relationship: specified relationships

      21. Schedule 21 - References to step-children, in Acts of Parliament

      22. Schedule 22 - References to step-children, in Northern Ireland legislation

      23. Schedule 23 – Immigration control and formation of civil partnerships

        1. Part 1 - Introduction

        2. Part 2 – England and Wales

        3. Part 3 – Scotland

        4. Part 4 – Northern Ireland

      24. Schedule 24 – Social security, child support and tax credits

        1. Part 1 – Amendments of the Child Support Act 1991 (c. 48) and Part 8 – Child Support Act 1995 (c. 34).

        2. Part 2 – Amendments of the Child Support (Northern Ireland) Order 1991 (S.I. 1991/2628 (N.I. 23))

        3. Part 3 – Amendments of the Social Security Contributions and Benefits Act 1992 (c. 4)

        4. Part 4 – Amendments to the Social Security Administration Act 1992 (c. 5)

        5. Part 5 - Amendments to the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7)

        6. Part 6 – Amendments of the Social Security Administration (Northern Ireland) Act 1992 (c. 8)

        7. Part 7 – Amendments of the Jobseekers Act 1995 (c. 18)

        8. Part 8 – Amendments of the Child Support Act 1995 (c. 34)

        9. Part 9 – Amendments of the Child Support (Northern Ireland) Order 1995 (S.I. 1995 / 2702 (N.I. 13))

        10. Part 10 – Amendments of the Jobseekers (Northern Ireland) Order 1995 (S.I. 1995/2705 (N.I. 15))

        11. Part 11 – Amendments of the Social Security Act 1998 (c. 14)

        12. Part 12 - Amendments of the Social Security (Northern Ireland) Order 1998 (S.I. 998/1506 (N.I. 10))

        13. Part 13 – Amendments of the State Pension Credit Act 2002 (c. 16)

        14. Part 14 - Amendments of the Tax Credits Act 2002 (c. 21)

        15. Part 15 – Amendments of the State Pension Credit Act (Northern Ireland) 2002 (c. 14 (N.I.))

      25. Schedule 25 – Amendment of certain enactments relating to pensions

        1. Paragraph 1 – Fire Services Act 1947 (c. 41)

        2. Paragraph 2 - House of Commons Members’ Fund Act 1948 (c. 36)

        3. Paragraph 3 - Parliamentary and Other Pensions Act 1972 (c. 48)

        4. Paragraph 4 - Theatres Trust Act 1976 (c. 27)

      26. Schedule 26 – Amendment of certain enactments relating to the armed forces

      27. Schedule 27 - Minor and consequential amendments

        1. Paragraph 1 - Explosive Substances Act 1883 (c. 3)

        2. Paragraph 2 - Partnership Act 1890 (c. 39)

        3. Paragraph 3 - Law of Distress Amendment Act 1908 (c. 53)

        4. Paragraph 4 - Census Act 1920 (c. 41)

        5. Paragraphs 5 and 6 - Trustee Act 1925 (c. 19)

        6. Paragraph 7 – Law of Property Act 1925 (c. 20)

        7. Paragraph 8 - Judicial Proceedings (Regulation of Reports) Act 1926 (c. 61)

        8. Paragraph 9 – Population (Statistics) Act 1938 (c. 12)

        9. Paragraph 10 – Landlord and Tenant (Requisitioned Land) Act 1942 (c. 13)

        10. Paragraph 11 – Limitation (Enemies and War Prisoners) Act 1945 (c. 16)

        11. Paragraph 12 - Statistics of Trade Act 1947 (c. 39)

        12. Paragraphs 13 to 17 - Marriage Act 1949 (c. 76)

        13. Paragraph 18 - Maintenance Orders Act 1950 (c. 37)

        14. Paragraph 19 – Births and Deaths Registration Act 1953 (c. 20)

        15. Paragraph 20 – Pharmacy Act 1954 (c. 61)

        16. Paragraph 21 - Registration of Births, Deaths and Marriages (Special Provisions) Act 1957 (c. 58)

        17. Paragraph 22 – Maintenance Orders Act 1958 (c. 39)

        18. Paragraph 23 - Offices, Shops and Railway Premises Act 1963 (c. 41)

        19. Paragraphs 24 and 25 - Industrial and Provident Societies Act 1965 (c. 12)

        20. Paragraph 26 - Criminal Appeal Act 1968 (c. 19)

        21. Paragraphs 27 and 28 - Theft Act 1968 (c. 60)

        22. Paragraph 29 – Domestic and Appellate Proceedings (Restriction of Publicity) Act 1968 (c. 63)

        23. Paragraph 30 - Civil Evidence Act 1968 (c. 64)

        24. Paragraph 31 - Gaming Act 1968 (c. 65)

        25. Paragraph 32 - Medicines Act 1968 (c. 67)

        26. Paragraph 33 - The Employers' Liability (Compulsory Insurance) Act 1969 (c.57)

        27. Paragraph 34 - Administration of Justice Act 1970 (c. 31)

        28. Paragraph 35 - Attachment of Earnings Act 1971 (c. 32)

        29. Paragraph 36 - Criminal Damage Act 1971 (c. 48)

        30. Paragraph 37 - Immigration Act 1971 (c. 77)

        31. Paragraphs 38 and 39 - Local Government Act 1972 (c. 70)

        32. Paragraphs 40 to 46 - Matrimonial Causes Act 1973 (c. 18)

        33. Paragraph 47 - Fair Trading Act 1973 (c. 41)

        34. Paragraph 48 - Slaughterhouses Act 1974 (c. 3)

        35. Paragraph 49 - Health and Safety at Work Act 1974 (c. 37)

        36. Paragraphs 50 and 51 - Consumer Credit Act 1974 (c. 39)

        37. Paragraph 52 - Friendly Societies Act 1974 (c. 46)

        38. Paragraph 53 - Rehabilitation of Offenders Act 1974 (c. 53)

        39. Paragraph 54 – Sex Discrimination Act 1975 (c. 65)

        40. Paragraph 55 – Race Relations Act 1976 (c. 74)

        41. Paragraph 56 - Criminal Law Act 1977 (c. 45)

        42. Paragraphs 57 and 58 - Domestic Proceedings and Magistrates Courts Act 1978 (c. 22)

        43. Paragraph 59 – Interpretation Act 1978 (c. 30)

        44. Paragraph 60 - Protection of Children Act 1978 (c. 37)

        45. Paragraph 61 – Credit Unions Act 1979 (c. 34)

        46. Paragraphs 62 and 63 - Estate Agents Act 1979 (c. 38)

        47. Paragraphs 64 and 65 - Magistrate’s Courts Act 1980 (c. 43)

        48. Paragraph 66 - Disused Burial Grounds (Amendment) Act 1981 (c. 18)

        49. Paragraph 67 - Forgery and Counterfeiting Act 1981 (c. 45):

        50. Paragraphs 68 to 70 – Supreme Court Act 1981 (c. 54)

        51. Paragraphs 71 to 78 – British Nationality Act 1981 (c. 61)

        52. Paragraph 79 - Forfeiture Act 1982 (c. 34)

        53. Paragraphs 80 to 85 - Representation of the People Act 1983 (c. 2)

        54. Paragraph 86 - Mental Health Act 1983 (c. 20)

        55. Paragraphs 87 and 88 – Mobile Homes Act 1983 (c. 34)

        56. Paragraph 89 - Dentists Act 1984 (c. 24)

        57. Paragraphs 90 to 96 – Matrimonial and Family Proceedings Act 1984 (c. 42)

        58. Paragraphs 97 and 98 - Police and Criminal Evidence Act 1984 (c. 60)

        59. Paragraphs 99 to 105 and 128 – Companies Act 1985 (c. 6) and 1989 (c. 40)

        60. Paragraphs 106 to 108 - Enduring Powers of Attorney Act 1985 (c. 29)

        61. Paragraph 109 - Food and Environment Protection Act 1985 (c. 48)

        62. Paragraph 110 - Child Abduction and Custody Act 1985 (c. 60)

        63. Paragraph 111 - Airports Act 1986 (c. 31)

        64. Paragraphs 112 to 122 - The Insolvency Act 1986 (c. 45)

        65. Paragraph 123 – Building Societies Act 1986 (c. 53)

        66. Paragraphs 124 and 125 – Family Law Act 1986 (c. 55)

        67. Paragraph 126 - Consumer Protection Act 1987 (c. 43)

        68. Paragraph 127 - Criminal Justice Act 1988 (c. 33)

        69. Paragraph 128 – Companies Act 1989 (c. 40)

        70. Paragraphs 129 to 132 - Children Act 1989 (c. 41)

        71. Paragraphs 133 and 134 - Local Government and Housing Act 1989 (c. 42)

        72. Paragraph 135 - Opticians Act 1989 (c. 44)

        73. Paragraph 136 - Food Safety Act 1990 (c. 16)

        74. Paragraphs 137 and 138 - Courts and Legal Services Act 1990 (c. 41)

        75. Paragraph 139 – Broadcasting Act 1990 (c. 42)

        76. Paragraph 140 - Local Government Finance Act 1992 (c. 14)

        77. Paragraph 141 –to 142 – Friendly Societies Act 1992 (c. 40)

        78. Paragraphs 144 to 146 - Trade Union and Labour Relations Act 1992 (c. 52)

        79. Paragraph 147 – Charities Act 1993 (c. 10)

        80. Paragraph 148 – Pension Schemes Act 1993 (c. 48)

        81. Paragraph 149 – Pension Schemes (Northern Ireland) Act 1993 (c. 49)

        82. Paragraph 150 - Disability Discrimination Act 1995 (c. 50)

        83. Paragraph 151 - Employment Rights Act 1996 (c. 18)

        84. Paragraph 152 - Family Law Act 1996 (c. 27)

        85. Paragraph 153 – Trusts of Land and Appointment of Trustees Act 1996 (c. 47)

        86. Paragraph 154 - Civil Procedure Act 1997 (c. 12)

        87. Paragraph 155 - National Minimum Wage Act 1998 (c. 39)

        88. Paragraph 156 - Access to Justice Act 1999 (c. 22)

        89. Paragraphs 157 to 161 – Welfare Reform and Pensions Act 1999 (c. 30)

        90. Paragraphs 162 to 163 - Immigration and Asylum Act 1999 (c. 33)

        91. Paragraph 164 - Representation of the People Act 2000 (c. 2)

        92. Paragraphs 165 - 166 - Financial Services and Markets Act 2000 (c. 8)

        93. Paragraph 167 - Land Registration Act 2002 (c. 9)

        94. Paragraphs 168 and 169 - Enterprise Act 2002 (c. 40)

        95. Paragraph 170 - Licensing Act 2003 (c. 17)

        96. Paragraph 171 - Local Government Act 2003 (c. 26)

        97. Paragraph 172 - Courts Act 2003 (c.  39)

        98. Paragraphs 173 to 175 – Sexual Offences Act 2003 (c. 42)

      28. Schedule 28 – Consequential amendments: Scotland

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

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

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

        4. Part 4 – Miscellaneous amendments

      29. Schedule 29 – Minor and consequential amendments: Northern Ireland

        1. Paragraph 1 – Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.))

        2. Paragraphs 2 and 3 – Trustee Act (Northern Ireland) 1958 (c. 23 (N.I.))

        3. Paragraphs 4 and 5 – Perpetuities Act (Northern Ireland) 1966 (c. 2 (N.I.))

        4. Paragraph 6 – Office and Shop Premises Act (Northern Ireland) 1966 (c.26 (N.I.))

        5. Paragraphs 7 and 8 - Maintenance and Affiliation Orders Act (Northern Ireland) 1966 (c. 35 (N.I.))

        6. Paragraph 9 – Census Act (Northern Ireland) 1969 (c.8 (N.I.))

        7. Paragraph 10 – Theft Act (Northern Ireland) 1969 (c. 16 (N.I.))

        8. Paragraphs 11 and 12 – Industrial and Provident Societies Act (Northern Ireland) 1969 (c. 24 (N.I.))

        9. Paragraph 13 – Land Registration Act (Northern Ireland) 1970 (c.18 (N.I.))

        10. Paragraphs 14 and 15 – Leasehold (Enlargement and Extension) Act (Northern Ireland) 1971 (c.7 (N.I.))

        11. Paragraph 16 – Civil Evidence Act (Northern Ireland) 1971 (c. 36 (N.I.))

        12. Paragraphs 17 and 18 – Local Government Act (Northern Ireland) 1972 (c. 9 (N.I.))

        13. Paragraph 19 - Employers' Liability (Defective Equipment and Compulsory Insurance) (Northern Ireland) Order 1972 (S.I. 1972/963 (N.I. 6))

        14. Paragraph 20 – Births and Deaths Registration (Northern Ireland) Order 1976 (S.I. 1976/1041 (N.I. 14))

        15. Paragraph 21 – Sex Discrimination (Northern Ireland) Order 1976 (S.I. 1976/1042 (N.I. 15))

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

        17. Paragraph 23 – Criminal Damage (Northern Ireland) Order 1977 (S.I. 1977/426 (N.I. 4))

        18. Paragraphs 24 to 26 – Judicature (Northern Ireland) Act 1978 (c.23)

        19. Paragraph 27 – Health and Safety at Work (Northern Ireland) Order 1978 (S.I. 1978/ 1039 (N.I. 9))

        20. Paragraphs 28 to 33 - Matrimonial Causes (Northern Ireland) Order 1978 (S.I. 1978/1045 (N.I. 15))

        21. Paragraph 34 – Rehabilitation of Offenders (Northern Ireland) Order 1978 (S.I. 1978/ 1908 (N.I. 27))

        22. Paragraph 35 – Criminal Appeal (Northern Ireland) Act 1980 (c. 47)

        23. Paragraphs 36 to 38 – County Courts (Northern Ireland) Order 1980 (S.I. 1980/ 397 (N.I. 3))

        24. Paragraphs 39 and 40 - Domestic Proceedings (Northern Ireland) Order 1980 (S.I. 1980/563 (N.I. 5))

        25. Paragraphs 41 to 52 – Judgements Enforcement (Northern Ireland) Order 1981 (S.I. 1981/ 226 (N.I. 6))

        26. Paragraphs 53 and 54– Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 (S.I. 1981/228 (N.I. 8))

        27. Paragraphs 55 to 61 – Magistrates’ Courts (Northern Ireland) Order 1981 (S.I. 1981/ 1675 (N.I. 26))

        28. Paragraph 62 – Criminal Attempts and Conspiracy (Northern Ireland) Order 1983 (S.I. 1983/ 1120 (N.I. 13))

        29. Paragraph 63 – Forfeiture (Northern Ireland) Order 1982 (S.I. 1982/ 1082 (N.I. 14))

        30. Paragraph 64 – Family Law (Miscellaneous Provisions) (Northern Ireland) Order 1984 (S.I. 1984/1984 (N.I. 14))

        31. Paragraphs 65 and 66 – Credit Unions (Northern Ireland) Order 1985 (S.I. 1985/1205 (N.I. 12))

        32. Paragraph 67 - Mental Health (Northern Ireland) Order 1986 (S.I. 1986/595 (N.I. 4))

        33. Paragraphs 68 to 75 and 90 – Companies (Northern Ireland) Order 1986 (S.I. 1986/1032 (N.I. 6)) and 1990 (S.I. 1990/593 (N.I.))

        34. Paragraphs 76 to 78 – Enduring Powers of Attorney (Northern Ireland) Order 1987 (S.I. 1987/ 1627 (N.I. 16))

        35. Paragraph 79 – Matrimonial and Family Proceedings (Northern Ireland) Order 1989 (S.I. 1989/677 (N.I. 4))

        36. Paragraphs 80 to 87 - The Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19)

        37. Paragraphs 88 and 89 – Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/ 1341 (N.I. 12))

        38. Paragraph 91 – Food Safety (Northern Ireland) Order 1991 (S.I. 1990/ 762 (N.I. 7))

        39. Paragraph 92 – Industrial Relations (Northern Ireland) Order 1992 (S.I. 1992/807 (N.I. 5))

        40. Paragraph 93 – Pension Schemes (Northern Ireland) Act 1993 (c.49)

        41. Paragraph 94 – Family Law (Northern Ireland) Order 1993 (S.I. 1993/ 1576 (N.I. 6))

        42. Paragraphs 95 to 100 – Children (Northern Ireland) Order 1995 (S.I. 1995/ 755 (N.I. 2))

        43. Paragraph 101 – Trade Union and Labour Relations (Northern Ireland) Order 1995 (S.I. 1995/ 1980 (N.I. 12))

        44. Paragraphs 102 and 103 – Employment Rights (Northern Ireland) Order 1996 (S.I. 1996/1919 (N.I. 16))

        45. Paragraph 104 – Registration of Clubs (Northern Ireland) Order 1996 (S.I. 1996/ 3159 (N.I. 23))

        46. Paragraph 105 – Race Relations (Northern Ireland) Order 1997 (S.I. 1997/869 (N.I. 6))

        47. Paragraphs 106 and 107 – Fair Employment and Treatment (Northern Ireland) Order 1998 (S.I. 1998/3162 (N.I. 21))

        48. Paragraphs 108 to 112 - Welfare Reform and Pensions (Northern Ireland) Order 1999 (S.I. 1999/ 3147 (N.I. 11))

        49. Paragraph 113 – Housing (Northern Ireland) Order 2003 (S.I. 2003/ 412 (N.I. 2))

        50. Paragraphs 114 and 115 – Marriage (Northern Ireland) Order 2003 (S.I. 2003/ 413 (N.I. 3))

        51. Paragraph 116 – Access to Justice (Northern Ireland) Order 2003 (S.I. 2003/ 435 (N.I. 10))

        52. Paragraph 117 – Firearms (Northern Ireland) Order 2004 (S.I. 2004/ 702 (N.I. 3))

      30. Schedule 30 – Repeals and revocations

  6. Territorial Application: Wales

  7. Commencement

  8. Hansard References

  • Explanatory Notes Table of contents

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