Civil Partnership Act 2004 Explanatory Notes

Section 260: Community obligations and civil partners

501.This power allows Ministers to make provision, by regulations or by Order in Council, for persons who are or have been civil partners (or whose civil partnership was void) that is the same or similar to provision made under section 2(2) of the European Communities Act 1972 which relates to persons who are or have been married (or whose marriage was void).

502.This power is available to any person who is exercising the power in section 2(2) of the European Communities Act 1972, or who would have that power if an instrument were being made under section 2(2) at the same time as the exercise of the power in this section. In appropriate circumstances, the devolved administrations may use the power in section 2(2) of the 1972 Act, and in such circumstances, they will also be able to exercise this power.

503.Subsection (5) applies to instruments made under section 260 the same procedural provisions as apply to instruments made under section 2(2) of the 1972 Act.

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