Schedules
Schedule 27 - Minor and consequential amendments
915.This Schedule amends various pieces of primary legislation to include civil partners as appropriate.
Paragraph 1 - Explosive Substances Act 1883 (c. 3)
916.Paragraph 1 extends to civil partners the provision in section 6(2) of the Explosive Substances Act 1883 that a witness in any inquiry set up under section 6 is not excused from answering any question that might incriminate his or her husband or wife.
Paragraph 2 - Partnership Act 1890 (c. 39)
917.Paragraph 2 amends section 2 of the Partnership Act 1890 which sets out certain rules to be taken into account when determining whether a business partnership exists or not. Rule 3(c) prevents surviving spouses or children of deceased partners from being regarded as partners merely because they receive payments from the partnership after the death. The amendment extends this provision so that the rule will also apply to surviving civil partners.
Paragraph 3 - Law of Distress Amendment Act 1908 (c. 53)
918.The Law of Distress Amendment Act 1908 protects certain tenants, lodgers and other persons in specified circumstances against the acts of landlords who might otherwise seize the goods of tenants when rent is in arrears. . Section 4 sets out a list of goods to which the 1908 Act does not apply. The list includes the goods of the husband or wife of the tenant whose rent is in arrears.Paragraph 3 extends the exclusion to the goods belonging to the civil partner of a tenant.
Paragraph 4 - Census Act 1920 (c. 41)
919.Paragraph 4 amends the Schedule to the Census Act 1920 which sets out the particulars which may be required during a census. Paragraph 5 of the Schedule provides for information relating to a person's condition as to marriage, relation to head of family and issue born in marriage to be collected. The amendment ensures that information may also be collected in connection with a person's condition as to civil partnership.
Paragraphs 5 and 6 - Trustee Act 1925 (c. 19)
920.Paragraph 5 amends section 31(2)(i) of the 1925 Act which deals with the trusts upon which income accumulated during a person’s infancy is to be held in certain cases where the person reaches the age of 18 or marries. Paragraph 6 amends section 33 which relates to the holding of income on protective trusts for the benefit of any person. The amendment replaces references to “wife or husband” in section 33(1)(ii) by “spouse or civil partner”.
Paragraph 7 – Law of Property Act 1925 (c. 20)
921.Paragraph 7 amends section 205(1)(xxi) of the Law of Property Act 1925 which defines “purchaser” to include a purchaser in good faith for “valuable consideration”. Valuable consideration is further defined as including marriage. This paragraph provides that the definition of valuable consideration shall be changed to include civil partnership in addition to marriage.
Paragraph 8 - Judicial Proceedings (Regulation of Reports) Act 1926 (c. 61)
922.Paragraph 8 amends section 1 of the Judicial Proceedings (Regulation of Reports) Act 1926 to ensure that proceedings relating to the dissolution, annulment or separation of civil partners are subject to the same reporting restrictions as apply in relation to proceedings for divorce, nullity or judicial separation in relation to a marriage. The paragraph also removes references to proceedings for restitution of conjugal rights, which are obsolete. The remedy of restitution of conjugal rights was repealed by the Matrimonial and Property Act 1970.
Paragraph 9 – Population (Statistics) Act 1938 (c. 12)
923.Paragraph 9 amends paragraph 2 of the Schedule to the Population (Statistics) Act 1938 which provides for the following information to be collected when a death is registered - whether the deceased was single, married, widowed or divorced and the age of the surviving spouse, if any, of the deceased. The amendments ensure that the age of the surviving civil partner, if any, of the deceased may be collected, together with information about whether the deceased was a civil partner or a former civil partner.
Paragraph 10 – Landlord and Tenant (Requisitioned Land) Act 1942 (c. 13)
924.Paragraph 10 extends the definition of “member of the family” (in relation to any tenant) in section 13(1) to include civil partner.
Paragraph 11 – Limitation (Enemies and War Prisoners) Act 1945 (c. 16)
925.Paragraph 11 adds section 51(2) of the Civil Partnership Act 2004 (which prevents a nullity order being made on certain grounds in England and Wales unless proceedings were instituted within 3 years from formation of the civil partnership) to the list of statutes of limitation in section 2 of the Limitation (Enemies and War Prisoners) Act 1945. The effect is that the rules in that Act (which suspend the operation of limitation periods where a person is an enemy or was detained in enemy territory) apply in the same way as they would in relation to proceedings for nullity of marriage.
Paragraph 12 - Statistics of Trade Act 1947 (c. 39)
926.Paragraph 12 amends section 10 of the Statistics of Trade Act 1947 which provides for information to be collected from persons entering or leaving the United Kingdom by air to ensure that where information may be collected relating to marriage, it may also be collected in relation to civil partnerships.
Paragraphs 13 to 17 - Marriage Act 1949 (c. 76)
927.Paragraphs 13 and 17 amend section 1 of and Schedule 1 to the Marriage Act 1949. Currently, section 1 and Schedule 1 prohibit or restrict marriage between people related within specified degrees by parentage, descent or marriage. Schedule 1 to the Civil Partnership Act 2004 provides for parallel prohibitions and restrictions to apply to civil partnerships. Paragraphs 13 and 17 of this Schedule provide for the extension of the prohibitions and restrictions that apply to marriage to include civil partnership.
928.Section 27 of the Marriage Act 1949 sets out the information to be recorded on a notice of marriage in respect of the couple. Section 28A sets out the evidence that a superintendent registrar may require the person giving the notice of marriage to produce. One of the items of information and one of the pieces of evidence is that relating to the marital status of the person giving notice of marriage. The amendments made by paragraphs 14 and 15 amend these two sections so that information may also be recorded and evidence required where a person wishing to give a notice of marriage has previously formed a civil partnership.
929.Paragraph 16 amends section 78(1) (interpretation) of the Marriage Act 1949 to make clear that the term “child”, when used in the Act to express a relationship, applies to persons over, as well as persons under, the age of 18.
Paragraph 18 - Maintenance Orders Act 1950 (c. 37)
930.The Maintenance Orders Act 1950 concerns the enforcement of maintenance orders as between the various jurisdictions of the United Kingdom. Paragraph 18 amends section 16(2)(a) so that maintenance orders made in each of the three United Kingdom jurisdictions (England and Wales, Scotland and Northern Ireland) in respect of civil partners and children of the family can be enforced in the other United Kingdom jurisdictions in the same way as maintenance orders made in respect of married couples under that Act. The amendments also add references to maintenance orders made in respect of civil partners to the list of orders to which the provisions of the Maintenance Orders Act 1950 apply.
Paragraph 19 – Births and Deaths Registration Act 1953 (c. 20)
931.Paragraph 19 extends the definition of "relative" in section 41 of this Act to include relatives by civil partnership as well as by marriage. This will qualify civil partners and those related to them to give information concerning a death to a registrar of births and deaths, providing the civil partner meets the prescribed conditions in order to give this information.
Paragraph 20 – Pharmacy Act 1954 (c. 61)
932.Section 17(c) of the Pharmacy Act 1954, provides that the Council of the Royal Pharmaceutical Society of Great Britain may make provision from the Society’s benevolent fund for the relief of distressed persons including members or former members of the Society, persons registered as pharmaceutical chemists or registered chemists and druggists under the Act, widows, orphans and other dependants of deceased members of the Society. The amendment to the Pharmacy Act made by paragraph 20 replaces the reference to widows with surviving spouses and surviving civil partners.
Paragraph 21 - Registration of Births, Deaths and Marriages (Special Provisions) Act 1957 (c. 58)
933.Section 1 of the Registration of Births, Deaths and Marriages (Special Provisions) Act 1957 confers power to provide by Order in Council for the recording of births, deaths and marriages among the armed forces outside the United Kingdom. Paragraph 21 extends the Act so as to apply also to the recording of civil partnerships.
Paragraph 22 – Maintenance Orders Act 1958 (c. 39)
934.This Act enables orders made in a High Court or county court to be registered in a magistrates’ court and orders made in a magistrates’ court to be registered in the High Court. Paragraph 22 amends sections 4(5A) and 4(5B) of the 1958 Act which apply section 60(4) to (11) of the Magistrates’ Courts Act 1980 regarding the variation of maintenance orders, disregarding certain provisions of specified Acts which by this amendment will include the Civil Partnership Act. It also amends section 4(6B) which excludes variations of certain registered orders made under Part III of the Matrimonial and Family Proceedings Act 1984 so that the exclusion will be extended to the variation of certain registered orders made under Schedule 7 to the Civil Partnership Act.
Paragraph 23 - Offices, Shops and Railway Premises Act 1963 (c. 41)
935.The Offices, Shops and Railway Premises Act 1963 lays down a number of requirements relating to the health and safety of persons employed to work in office or shop premises and in certain railway premises. Section 2(1) excludes any premises where the only people employed to work are the husband, wife, parent, grandparent, son, daughter, grandchild, brother or sister of the employer. Paragraph 23 extends this list to cover civil partners.
Paragraphs 24 and 25 - Industrial and Provident Societies Act 1965 (c. 12)
936.A member of an industrial and provident society registered under the Industrial and Provident Societies Act 1965 can request that, when they die, any property they may have in the society be transferred to a nominated person. However, under section 23, a member is permitted to nominate an officer or a servant of the society only if they are the member’s spouse, parent, child, sibling, nephew or niece. Paragraphs 24 and 25 extend this list to include the member’s civil partner.
937.The 1965 Act also provides that, where a member of an industrial and provident society marries, any nomination made previously is revoked so that on the death of the member the property formerly subject to the nomination belongs to the estate of the deceased member. These paragraphs make corresponding provision for civil partners, so that where a member of such a society forms a civil partnership, any previous nomination is revoked.
938.Under section 25, where a member of an industrial and provident society dies leaving property of not more than £5000 in the society, in certain circumstances the society must deal with that property in accordance with a direction from the Treasury unless the member is survived by a child, parent, widow or widower. These paragraphs extend this list to include the member’s surviving civil partner.
Paragraph 26 - Criminal Appeal Act 1968 (c. 19)
939.The Criminal Appeal Act 1968 sets out a system of appeals against verdicts and sentences in criminal proceedings. Section 44A of the Act provides that, where the appellant or potential appellant has died, the appeal may be begun or continued by a person approved by the Court of Appeal. Such approval may be given to the deceased’s widow or widower, without their needing to show a substantial financial or other interest in the determination of the appeal. Paragraph 26 allows approval to be given to a surviving civil partner in the same way.
Paragraphs 27 and 28 - Theft Act 1968 (c. 60)
940.Paragraphs 27 and 28 amend sections 30 and 31 of the Theft Act 1968 to ensure that civil partners are treated in the same way as spouses under that Act. Section 30 ensures that the Act applies in relation to spouses and their property just as it would apply if they were not married, although (subject to certain exceptions) a person may not be charged with the theft of property belonging to their spouse unless the proceedings are instituted by or with the consent of the Director of Public Prosecutions. Section 31 provides that a person is not excused from answering any question put, or complying with any order made, in certain proceedings relating to property or trusts, by reason that to do so may incriminate that person or their spouse of an offence under the Theft Acts 1968 or 1978. However no statement or admission made by a person in these circumstances is admissible in evidence in proceedings against that person or (unless they married after the making of the statement or admission) their spouse, for an offence under the Theft Acts 1968 or 1978. The same approach will apply to civil partners.
Paragraph 29 – Domestic and Appellate Proceedings (Restriction of Publicity) Act 1968 (c. 63)
941.Section 2 of the Domestic and Appellate Proceedings (Restriction of Publicity) Act 1968 lists certain proceedings to which the publicity restrictions in the Judicial Proceedings (Regulation of Reports) Act 1926 are extended, subject to certain modifications. Paragraph 29 extends the list to cover proceedings under Part 9 of Schedule 5 to the Civil Partnership Act 2004 (financial provision in cases of failure to maintain) and section 58 of the Act (declarations in relation to a civil partnership). The amendment ensures that civil partners benefit from similar protections as apply to spouses.
Paragraph 30 - Civil Evidence Act 1968 (c. 64)
942.The Civil Evidence Act 1968 deals with the giving of evidence in legal proceedings other than criminal proceedings. Section 14 of the 1968 Act currently provides privilege against incrimination for a husband and wife, by giving each of them a right not to answer a question if to do so would tend to expose their spouse to criminal proceedings. Paragraph 30 extends such privilege to civil partners by substituting “spouse and civil partner” for “husband and wife”.
Paragraph 31 - Gaming Act 1968 (c. 65)
943.Paragraph 31 amends Paragraph 35A(8)(a) of Schedule 2 to the Gaming Act 1968, adding civil partners to the definition of "associate" for the purpose of assessing who controls a corporate body. This ensures that the Gaming Board will consider the voting power of the husband, wife, or civil partner of the holder of a certificate of consent.
Paragraph 32 - Medicines Act 1968 (c. 67)
944.The Medicines Act 1968 makes provision for the regulation of medicinal products in the United Kingdom. Section 114(2) makes it an offence to fail to comply with a requirement imposed, or to provide assistance or information reasonably required, by a person duly authorised by an “enforcement authority” to take certain enforcement action under section 112 of the Act. However section 114(4) prevents a person being required to answer any question or give any information if to do so might incriminate that person or their spouse. Paragraph 32 extends this provision, so that there is no requirement to answer a question or provide information where to do so might incriminate the person’s civil partner.
Paragraph 33 - The Employers' Liability (Compulsory Insurance) Act 1969 (c.57)
945.The Employers' Liability (Compulsory Insurance) Act 1969 requires employers to insure against their liability for personal injury to their employees. Insurance is not required however where the employee is a specified relation of the employer. Paragraph 33 extends this list of relations in section 2(2)(a) of the Act to include a civil partner of the employee.
Paragraph 34 - Administration of Justice Act 1970 (c. 31)
946.Paragraph 34 amends Schedule 8 to the Administration of Justice Act 1970 to extend the definition of maintenance orders for the purposes of Part II of that Act and the Maintenance Orders Act 1958 to include an order for periodical or other payments made under Schedules 5, 6, or 7 of the Civil Partnership Act.
Paragraph 35 - Attachment of Earnings Act 1971 (c. 32)
947.Paragraph 35 adds orders made under Schedules 5 and 6 to the Civil Partnership Act to the list of maintenance orders to which the provisions of the Attachment of Earnings Act 1971 apply. This ensures that maintenance orders in cases involving civil partners will be enforceable by means of attachment of earnings orders in the same way as other maintenance orders.
Paragraph 36 - Criminal Damage Act 1971 (c. 48)
948.Section 9 of the Criminal Damage Act prevents a statement or admission made in certain proceedings from being used as evidence, in proceedings for an offence under the Act, against the person who made it or their spouse. Paragraph 36 extends the same protection against incrimination to the person’s civil partner.
Paragraph 37 - Immigration Act 1971 (c. 77)
949.Paragraph 37 amends the Immigration Act 1971. Section 3 of the 1971 Act provides that a person is liable to deportation if another person to whose family he or she belongs is or has been ordered to be deported. Section 5 of the 1971 Act states that, for the purposes of deportation, a person (A) is to be regarded as belonging to the family of another person (B) if A is B’s spouse or child under the age of eighteen. Paragraph 37 amends section 5 of the 1971 Act to add that A is to be regarded as belonging to the family of B if A is B’s civil partner.
Paragraphs 38 and 39 - Local Government Act 1972 (c. 70)
950.Sections 95 and 96 of the Local Government Act 1972 are part of the regime imposed by that Act regarding the registration and declaration of pecuniary interests of members of local authorities, and certain other bodies, including Transport for London. The regime established by the 1972 Act no longer applies to local authorities, having been replaced by a new regime for the regulation of conduct and ethical standards of members of local authorities introduced by the Local Government Act 2000. However, the new regime does not apply to members of Transport for London, who remain subject to the 1972 Act.
951.Section 95 of the Local Government Act 1972 provides that in certain circumstances a pecuniary interest of a member’s spouse must be treated as an interest of the member and must be declared. Paragraph 38 amends section 95 to provide that a pecuniary interest of a member’s civil partner shall, in the same circumstances as currently apply in the case of a spouse, be deemed to be an interest of the member.
952.Section 96 of the Local Government Act 1972 makes provision in relation to the giving of written notice by a member of his pecuniary interests (including those of his or her spouse). Paragraph 39 amends section 96 to apply these provisions to the interests of a member’s civil partner.
Paragraphs 40 to 46 - Matrimonial Causes Act 1973 (c. 18)
953.Paragraphs 40 to 46 of the Schedule amend the Matrimonial Causes Act 1973. Paragraphs 40 and 41 amend sections 11 and 14 to ensure that a marriage will be void if at the time of the marriage either party was already a civil partner. Paragraphs 42 to 45 extend the provisions of the Matrimonial Causes Act so that where certain entitlements and obligations are affected by remarriage, they will also be affected by the formation of a civil partnership. Paragraph 46 inserts subsection (3A) in section 52 of the Act (interpretation) to clarify that a reference to the formation of a civil partnership includes a civil partnership which is void or voidable.
Paragraph 47 - Fair Trading Act 1973 (c. 41)
954.Paragraph 47 amends section 30(6) of the Fair Trading Act 1973 to extend the privilege against incriminating one’s spouse to civil partners, where answers to questions are sought relating to contraventions of orders made under section 22. Although section 22 has been repealed by the Enterprise Act 2002 the two orders made under that section are preserved by that Act and therefore so are the enforcement provisions.
Paragraph 48 - Slaughterhouses Act 1974 (c. 3)
955.Section 10 of the Slaughterhouses Act 1974 provides for the temporary continuance of a slaughterhouse or a knacker’s yard licence upon the death of the holder. The continuance is either for 2 months or a longer period granted by the local authority and is for the benefit of a personal representative widow or any other family member. Paragraph 48 adds “surviving civil partner” to the list of people to whom a licence shall temporarily enure upon the death of the licence holder.
Paragraph 49 - Health and Safety at Work Act 1974 (c. 37)
956.Section 20(7) of the Health and Safety at Work Act 1974 provides that any statement taken by an inspector using the power to require information as set out in section 20(2)(j) is inadmissible as evidence if presented in proceedings against that person or the husband or wife of the person providing the statement. Paragraph 49 extends the same protection against incrimination to the person’s civil partner.
Paragraphs 50 and 51 - Consumer Credit Act 1974 (c. 39)
957.Section 165(3) of the Consumer Credit Act 1974 states that a person cannot be required to answer any question or give any information if to do so might incriminate that person or (where that person is married) the husband or wife of that person.Paragraph 50 extends this provision, so that there is no requirement to answer questions or provide information where to do so might incriminate the person’s civil partner.
958.Part II of the Consumer Credit Act (CCA) 1974 classifies consumer credit and consumer hire agreements. The term “associate” appears in the provisions defining a number of these transactions: running-account and fixed–sum credit (section 10); small agreements (section 17); and linked transactions (section 19).
959.Part III of the CCA 1974 deals with the principles of licensing. Section 25 sets out various matters which should be taken into account by the Office of Fair Trading in deciding whether an applicant is a fit person to carry on licensed activities. One of these is the conduct not only of the applicant but of, amongst others, the applicant’s associates.
960.The word “associate” is defined in section 184 of the CCA 1974 and embraces certain forms of business association and relatives. “Relative” is defined in subsection (5) and includes former and reputed husbands and wives and children born outside wedlock, step-children and adopted children.
961.Paragraph 51 extends the meaning of “associate” to civil partners and to those relationships created by the formation of a civil partnership, which mirror those created by marriage. It extends the definition of “relative” at subsection (5) to include former civil partners, and also, for the purposes of the subsection, allows that a relationship will be established as if any illegitimate child, step-child or adopted child had been a child born within a civil partnership, as well as in wedlock.
Paragraph 52 - Friendly Societies Act 1974 (c. 46)
962.In the case of most types of friendly society registered within the meaning of the Friendly Societies Act 1974, under section 66, a member can request that, when they die, a sum payable by the society on their death be paid to a nominated person. Paragraph 52 provides that the civil partner of a member can be nominated even where that nominee is an officer or servant of the society.
963.Section 66 also provides that, where a member of a registered friendly society marries, any nomination made previously is revoked so that on the death of the member any sums due from the society become part of the estate of the deceased member. Paragraph 52 also makes corresponding provision for civil partners, so that where a member of such a society forms a civil partnership, any previous nomination is revoked.
Paragraph 53 - Rehabilitation of Offenders Act 1974 (c. 53)
964.If a person has become a rehabilitated person in accordance with the provisions of the Rehabilitation of Offenders Act 1974, limitations are placed upon evidence that can be admitted and questions which that person can be required to answer, in relation to spent convictions. An exception is made to this general principle so that evidence relating to spent convictions can be admitted or required in proceedings relating to the marriage of a minor. Paragraph 53 amends section 7(2)(c) of the Act so that it applies equally in relation to the formation of a civil partnership by a minor.
Paragraph 54 – Sex Discrimination Act 1975 (c. 65)
965.Paragraph 54 amends the definition of “near relative” in section 82(5) of the Sex Discrimination Act to include civil partners and relatives of civil partners. This is relevant for the housing provisions in sections 29 to 32 of this Act which make it unlawful to discriminate in relation to the disposal or management of premises, or in relation to giving consent for the assignment of a lease or for sub-letting. Sections 31(2) and 32(1) provide an exception for small dwellings occupied by the alleged discriminator and/or a near relative where there is other accommodation in addition to that occupied by the alleged discriminator and/or his near relative which he shares with other persons residing on the premises who are not members of his household.
Paragraph 55 – Race Relations Act 1976 (c. 74)
966.Paragraph 55 amends the definition of “near relative” in section 78(5) of this Act to include civil partners and relatives of civil partners. This affects housing discrimination provisions (sections 20 to 22 of the Race Relations Act as amended) which have the same effect as those in sections 29 to 32 of the Sex Discrimination Act 1975 (see note on paragraph 54 above).
Paragraph 56 - Criminal Law Act 1977 (c. 45)
967.Paragraph 56 amends section 2 of the Criminal Law Act 1977 to ensure that civil partners benefit from the same exemption from liability for the offence of conspiracy that currently applies to a spouse.
Paragraphs 57 and 58 - Domestic Proceedings and Magistrates Courts Act 1978 (c. 22)
968.Paragraphs 57 and 58 amend sections 4 and 35 of the Domestic Proceedings and Magistrates Courts Act 1978 so that where certain financial obligations and entitlements are affected by remarriage, they will, by these amendments, also be affected by the formation of a civil partnership.
Paragraph 59 – Interpretation Act 1978 (c. 30)
969.Paragraph 59 inserts a new entry into Schedule 1 to the Interpretation Act 1978. Under sections 5 and 23 of the Interpretation Act 1978 if an expression listed in Schedule 1 is used in any Act or subordinate legislation it is presumed to have the meaning given in Schedule 1 unless the contrary intention appears from the Act or subordinate legislation in question. The amendment to Schedule 1 means that references in future legislation to “civil partnership” or “civil partner” will be interpreted by reference to the Civil Partnership Act without need for express definition.
Paragraph 60 - Protection of Children Act 1978 (c. 37)
970.Section 1A of the Protection of Children Act 1978 concerns cases where a defendant, charged with an offence involving an indecent photograph of a child under section 1 of the Act, proves that at the relevant time the child was aged 16 or over and was either married to the defendant or living with the defendant as a partner in an enduring family relationship. In such cases, where the evidence raises an issue as to the child’s consent, section 1A provides that the defendant is not guilty unless it is proved that the child did not so consent and the defendant did not reasonably believe that the child consented. Where the offence is one of possession with a view to the photograph being shown or distributed, section 1A provides that the defendant is not guilty unless it is proved that the showing or distributing was to a person other than the child. Paragraph 60 amends section 1A of the Protection of Children Act 1978 to ensure that the same provisions apply if the defendant and the child were civil partners of each other, so that they are treated in the same way as spouses.
Paragraph 61 – Credit Unions Act 1979 (c. 34)
971.Under section 1(6) of the Credit Unions Act 1979, a credit union may provide that a person who resides in the same household as, and is a relative of, a member of the credit union may be automatically entitled to become a member of the credit union. Section 31(1) of the Credit Unions Act 1979 (interpretation) defines a relative to include a spouse (including a former or reputed spouse) and certain relations and in-laws of a spouse. Paragraph 61 extends the definition of a “relative” in section 31(1) of the Credit Unions Act so as to include civil partners (including former civil partners) and their relations and in-laws.
Paragraphs 62 and 63 - Estate Agents Act 1979 (c. 38)
972.Section 27(1) of the Estate Agents Act 1979 makes it an offence for a person to obstruct certain authorised officers. Section 27(4) provides that nothing in subsection (1) requires a person to answer any question or give any information if to do so might incriminate that person or that person’s husband or wife. Paragraph 62 amends section 27(4) to extend it so that a person will not be required, by section 27(1), to answer any question or give any information that might incriminate that person’s civil partner.
973.Under the Estate Agents Act 1979, estate agents are required to make full disclosure to their clients of any personal interest, whether direct or indirect, so that their clients are aware of any potential conflict of interest. This personal interest can include those of any associate of theirs or the estate agent. “Associate” is defined in section 32 of the Act and includes spouses or relatives. The amendments made by paragraph 63 include civil partners or relatives by civil partnership within the definition of section 32.
Paragraphs 64 and 65 - Magistrate’s Courts Act 1980 (c. 43)
974.Section 59 of the Magistrates’ Courts Act 1980 sets out the powers of a magistrates’ court to determine the means by which certain periodical payments are made. Subsection (7) sets out certain cases where the court must order that payments be made to the designated officer for a magistrates’ court unless satisfied that it is undesirable to do so. Paragraph 64 makes amendments to add orders made under Schedule 6 to the Civil Partnership Act 2004 (financial relief in magistrates’ courts etc.) to the list of maintenance orders to which subsection (7) applies. This ensures that maintenance orders under Schedule 6 to the Civil Partnership Act are treated in the same way as maintenance orders under Part I of the Domestic Proceedings and Magistrates’ Courts Act 1978.
975.Paragraph 65 amends the definition of family proceedings in section 65 of the 1980 Act extending the definition to cover certain proceedings under Schedules 2, 5 and 6 to the Civil Partnership Act. These amendments are consequential upon the creation of the relationship of civil partner and upon the classification of proceedings arising from civil partnerships as family proceedings.
Paragraph 66 - Disused Burial Grounds (Amendment) Act 1981 (c. 18)
976.The purpose of the Disused Burial Grounds (Amendment) Act 1981 is to amend the Disused Burial Grounds Act 1884 to enable buildings to be erected on certain disused burial grounds with appropriate safeguards. Sections 4 and 8 of the 1981 Act make provision for a relative of a person whose remains are interred to claim compensation for the loss of burial rights in certain circumstances. Paragraph 66 amends section 9 of the 1981 Act to extend the definition of "relative" include the spouse or civil partner.
Paragraph 67 - Forgery and Counterfeiting Act 1981 (c. 45):
977.Paragraph 67 amends the Forgery and Counterfeiting Act 1981 adding certified copies of entries relating to civil partnerships to the list of instruments in section 5(5) of the Act. This means that the possession of false certified copies, or of equipment for making them, will be an offence. Section 5(5) already applies to false marriage certificates.
Paragraphs 68 to 70 – Supreme Court Act 1981 (c. 54)
978.Paragraph 68 amends section 18(1) of the Supreme Court Act 1981 so that restrictions on appeal following the making of a decree nisi absolute in divorce or nullity proceedings are to apply in the same way to final dissolution or nullity orders made in civil partnership cases under Chapter 2 of Part 2 of the Civil Partnership Act 2004.
979.Paragraph 69 amends section 72 of the Supreme Court Act 1981 so that a person will not be able to refuse to make a statement or admission because to do so might incriminate his or her civil partner. The same obligations regarding giving evidence will apply to civil partners as to married people.
980.Paragraph 70 amends paragraph 3 of Schedule 1 to the Supreme Court Act 1981 to reflect the classification of proceedings relating to civil partnerships as family proceedings for the purposes of allocating business to the Family Division of the High Court. The amendment adds certain proceedings arising from civil partnerships to the list of proceedings assigned to the Family Division of the High Court. These specified proceedings are to be treated as family proceedings in the same way as the corresponding proceedings arising from marriage are treated as family proceedings.
Paragraphs 71 to 78 – British Nationality Act 1981 (c. 61)
981.Paragraphs 71 to 78 make consequential amendments to the British Nationality Act 1981. The effect is to place civil partners in the same position as spouses in terms of eligibility to acquire or resume British nationality by registration or naturalisation and the ability to renounce British nationality. Thus:
An applicant for naturalisation who is the civil partner of a British citizen or a British overseas territories citizen will be subject to the less onerous requirements, in terms of residence etc, that currently apply in the case of husbands and wives of British citizens and British overseas territories citizens (sections 6(2) and 18(2) and paragraphs 4(d) and 8(d) of Schedule 1);
A person seeking to resume British nationality, having previously renounced it pre-1983, may rely on his or her civil partner’s connections with the United Kingdom or, as the case may be, with a British overseas territory (sections 10(2)(b) and 22(2)(b));
A person who is or has been a civil partner will be able to renounce British nationality notwithstanding that he or she is still a minor (section 12(5)); and
Provisions relating to the registration as a British citizen or British overseas territories citizen of a minor whose parents’ marriage has been terminated will include corresponding references to the termination of the parents’ civil partnership (sections 3(6)(a) and 17(6)(a)).
Paragraph 79 - Forfeiture Act 1982 (c. 34)
982.Section 3 of the Forfeiture Act 1982 Act lists the provisions under which financial provision will not be affected by the forfeiture rule. Paragraph 79 amends section 3 of the Act to add references to the variation of periodical payments orders and maintenance orders in Schedule 5 to the Civil Partnership Act and the provisions for variation of periodical allowances in respect of marriages and civil partnerships in Scotland. These orders will have the same exemption from the forfeiture rule as orders made in relation to marriage.
Paragraphs 80 to 85 - Representation of the People Act 1983 (c. 2)
983.These paragraphs make amendments to the Representation of the People Act 1983 to provide for civil partners to be treated in the same way as married couples. For example, the amendments provide the same treatment as spouses for the civil partners of service personnel in relation to continuing voter registration whilst serving outside the UK; a civil partner will be treated in the same way as a husband/wife for the purpose of attending the delivery of nomination papers where his or her spouse or civil partner is standing as a candidate; to assist his or her disabled spouse or civil partner to cast a vote; or to act as a proxy voter for the spouse or civil partner.
Paragraph 86 - Mental Health Act 1983 (c. 20)
984.Paragraph 86(a) adds a reference to the civil partner of the patient to the list of individuals named in section 12 of the Mental Health Act 1983 who may not provide a medical recommendation for the purposes of an application for compulsory admission to hospital of a patient for assessment or treatment under the Act.
985.Paragraph 86(b) adds a reference to the civil partner of the patient to the definition of close relative in section 25C of the Mental Health Act 1983. A close relative may not provide a written recommendation about a patient for the purposes of an application for aftercare under supervision.
Paragraphs 87 and 88 – Mobile Homes Act 1983 (c. 34)
986.Paragraphs 87 and 88 amend the Mobile Homes Act 1983, which applies to any agreement under which an occupier is entitled to station a mobile home on land forming part of a protected site, and to occupy the mobile home as his only or main residence. Such occupiers are given statutory security of tenure by the Act. The amendments ensure that surviving civil partners are entitled to succeed to the agreement on the same basis as widows and widowers.
Paragraph 89 - Dentists Act 1984 (c. 24)
987.Section 41 of the Dentists Act 1984 provides that where a dentist dies, his widow may continue to carry on the business for three years. The amendment to the 1984 Act reflects existing practice of treating “widow” as including “widower” by referring to surviving spouses, and also adds surviving civil partners to this provision.
Paragraphs 90 to 96 – Matrimonial and Family Proceedings Act 1984 (c. 42)
988.Paragraph 90 amends section 12 of the Matrimonial and Family Proceedings Act 1984 so that in respect of applications for financial relief following overseas divorces, no application may be made if the applicant either remarries or forms a subsequent civil partnership.
989.Paragraphs 91 to 96 insert amendments to enable civil partnership proceedings to be designated as family business and for the Lord Chancellor to allocate courts to deal with civil partnership proceedings.
990.Paragraph 91 amends section 32 to add a definition of civil partnership causes to the defined terms used in Part V of the 1984 Act.
991.Paragraph 92 inserts new sections 36A to 36D. The new section 36A makes provision for the jurisdiction of county courts in civil partnership causes, so that the Lord Chancellor may by order designate any county court as a “civil partnership proceedings county court”. Section 36B makes provision for the civil partnership proceedings county courts to have jurisdiction to deal with financial relief and protection of children in respect of civil partnership causes. Section 36C allows for court rules to confer jurisdiction on civil partnership proceedings county courts to consider agreements made between civil partners in respect of civil partnership proceedings. Section 36D provides for the Lord Chancellor to assign circuit judges to exercise the jurisdiction of civil partnership proceedings county courts.
992.Paragraph 93 amends section 38(3) of the Matrimonial and Family Proceedings Act 1984 to provide for the High Court to give directions for civil partnership causes to be transferred from the High Court to a county court where appropriate.
993.Paragraph 94 amends section 39(2) of the 1984 Act to enable civil partnership causes to be transferred to the High Court from a county court.
994.Paragraph 95 amends section 40(4)(b) of the 1984 Act to allow orders made in respect of civil partnership causes to be enforced in the High Court.
995.Paragraph 96 amends section 42 of the 1984 Act to enable civil partnership causes to be dealt with by the principal registry of the Family Division where appropriate and for the same jurisdiction and powers of enforcement to be available in the principal registry of the Family Division as in a county court.
Paragraphs 97 and 98 - Police and Criminal Evidence Act 1984 (c. 60)
996.Section 80 of the Police and Criminal Evidence Act 1984 sets out the circumstances in which the spouse of a person who is charged in proceedings, shall be compellable to give evidence. Paragraph 97 amends section 80 to ensure that a civil partner of a person who is charged in proceedings will be compellable in the same circumstances.
997.Section 80A of the 1984 Act provides that the failure of the spouse of a person charged in any proceedings to give evidence shall not be made the subject of any comment by the prosecution. Paragraph 98 amends section 80A so that it applies equally where a civil partner fails to give evidence in the same circumstances.
Paragraphs 99 to 105 and 128 – Companies Act 1985 (c. 6) and 1989 (c. 40)
998.Paragraphs 99 to 105 and 128 ensure that, in relation to the provisions of the Companies Acts of 1985 and 1989 specified in the Schedule, civil partners are to be treated in the same way as spouses of directors.
999.Under the Companies Act provisions persons with a notifiable interest in shares should notify the company. Section 203 of the Companies Act 1985 deems a person to be interested in shares in which his spouse is interested. Paragraph 99 extends this obligation to civil partners.
1000.Section 323 of the 1985 Act contains a prohibition on directors dealing in share options of his or her own company. Section 327 applies the prohibition to the wife or husband of a director. Paragraph 100 extends the prohibition to the civil partner of a director.
1001.Section 328 of the 1985 Act requires directors to disclose shareholdings in their own company. Section 328 treats the interests of a wife or husband of a director as an interest of that director. Paragraph 101 extends this to civil partners of directors.
1002.Part X of the 1985 Act contains a number of provisions designed to enforce fair dealing by directors. A number of these provisions apply to persons connected with a director. Section 346 defines “ connected person” to include spouse. Paragraph 102 extends this definition to include civil partners.
1003.Section 430E of the 1985 Act disregards shares held by the associate of an offeror in certain circumstances (relating to takeover offers). Where an offeror is an individual, “associates” includes spouses, and this definition will be extended by paragraph 103 to include civil partners.
1004.Paragraphs 104 and 105 amend section 742A of and Schedule 7 to the Companies Act 1985. Section 742A deals with the meaning of the term “offer to the public” in relation to shares and debentures. Schedule 7 sets out the matters to be dealt with in a directors’ report. The amendments ensure that civil partners are treated in the same way as spouses.
1005.Paragraph 128 defines “associate” to include civil partner as well as spouse for the purposes of the Companies’ Act 1989.
Paragraphs 106 to 108 - Enduring Powers of Attorney Act 1985 (c. 29)
1006.The Enduring Powers of Attorney Act 1985 provides that where an enduring power of attorney is created, the power shall not be revoked by the subsequent mental incapacity of the person creating it. Paragraph 106 amends section 3(5)(a) of the Act, which enables an attorney to make gifts of a seasonal nature or at a time, or on an anniversary, of a birth or marriage on behalf of the mentally incapacitated person, so that it also extends to the time or anniversary of the formation of a civil partnership. Paragraph 107 amends the provisions in Schedule 1 to the Act which require an attorney, before he applies for the power to be registered (which he is required to do when he considers that the donor is or is becoming mentally incapable), to notify relatives of the person who created the enduring power of attorney, so as to include civil partners in the list of relatives so entitled. Paragraph 108 states that paragraphs 106 and 107 apply in relation to the enduring powers of attorney created both before and after the passing of the Civil Partnership Act.
Paragraph 109 - Food and Environment Protection Act 1985 (c. 48)
1007.Paragraph 2A(1) of Schedule 2 to the Food and Environment Protection Act 1985 provides that an officer may require a person to answer questions and to sign a declaration of the truth of his answers. Subparagraph (4) provides that a person is not to be excused from complying with a requirement under subparagraph (1) on the grounds that to do so might incriminate him or his spouse of an offence. Paragraph 109 amends Schedule 2 to extend this provision to civil partners.
Paragraph 110 - Child Abduction and Custody Act 1985 (c. 60)
1008.Paragraph 110 amends section 24A of the Child Abduction and Custody Act 1985 to ensure civil partners are treated in the same way as spouses for the purposes of this section which concerns the power to order the disclosure of a child's whereabouts.
Paragraph 111 - Airports Act 1986 (c. 31)
1009.Paragraph 111 amends section 20(6)(b) of the Airports Act 1986 to extend the scope of the "employees' share scheme", which encourages or facilitates the holding of shares or debentures in a public airport company. As well as the spouses and surviving spouses, a future scheme provided for under this provision will need to extend to the civil partners and surviving civil partners of the employees or former employees of the company.
Paragraphs 112 to 122 - The Insolvency Act 1986 (c. 45)
1010.The Insolvency Act 1986 contains various provisions protecting creditors from fraud and attempting to ensure a proper pari passu distribution amongst creditors. These provisions allow certain transactions, including transactions involving close family and other associated persons, entered into by a debtor or company prior to the onset of insolvency proceedings to be undone or adjusted.
1011.Paragraphs 112 to 121 make consequential amendments to the 1986 Act to ensure that where a person is adjudged bankrupt, the person’s civil partner is to have the same rights and liabilities as the spouse of a bankrupt has at present. Amendments are made to certain anti-abuse and avoidance provisions in the Act to ensure that transactions involving civil partners entered into prior to the onset of insolvency proceedings are treated in the same way as transactions involving spouses.
1012.Paragraph 122 amends the definition of “associate” in the 1986 Act so that the relevant anti-avoidance provisions cover a civil partner in the same way as a spouse.
Paragraph 123 – Building Societies Act 1986 (c. 53)
1013.Paragraph 123 amends the definition in section 70 of the Building Societies Act 1986 of a person “connected with” a director of a building society to ensure that directors’ civil partners are subject to the same prohibitions and requirements as directors’ spouses.
Paragraphs 124 and 125 – Family Law Act 1986 (c. 55)
1014.Paragraph 124 amends subsection (2) of section 33 of the Family Law Act 1986 to add a reference to a civil partner. This amendment provides that a person will not be able to refuse to disclose information about the whereabouts of a child because to do so might incriminate either the person or his or her civil partner. The amendment places the same restriction on a civil partner as is already placed upon a husband or wife.
1015.Paragraph 125 amends section 50, which currently applies only to divorce, annulment and remarriage, so that when a dissolution or annulment of a civil partnership granted in any part of the United Kingdom is not recognised elsewhere, that fact will not prevent or render invalid in that part a subsequent marriage or civil partnership.
Paragraph 126 - Consumer Protection Act 1987 (c. 43)
1016.Section 47(2) of the Consumer Protection Act 1987 provides for a privilege against self-incrimination and incrimination of spouses where answers to questions or information are sought under the enforcement provisions of the Act. Paragraph 126 amends section 47(2) to extend the privilege to civil partners.
Paragraph 127 - Criminal Justice Act 1988 (c. 33)
1017.Section 160A of the Criminal Justice Act 1988 concerns cases where a defendant, charged with an offence involving an indecent photograph of a child under section 160 of the Act, proves that at the relevant time the child was aged 16 or over and was either married to the defendant or living with the defendant as a partner in an enduring family relationship. In such cases, where the evidence raises an issue as to the child’s consent, section 160A provides that the defendant is not guilty unless it is proved that the child did not so consent and the defendant did not reasonably believe that the child consented. Paragraph 127 amends section 160 to ensure that the same provisions apply if the defendant and the child were civil partners of each other, so that they are treated in the same way as spouses.
Paragraph 128 – Companies Act 1989 (c. 40)
1018.See note on paragraphs 99 to 105 above.
Paragraphs 129 to 132 - Children Act 1989 (c. 41)
1019.Paragraph 129 makes an amendment to section 8 of the Children Act 1989 to add proceedings under Schedule 5 (financial relief in the High Court and county court) and Schedule 6 (Financial relief in magistrates’ courts) to the Civil Partnership Act 2004 to the definition of family proceedings for the purposes of the Children Act contained in section 8(4) of the Act. This ensures proceedings under the Civil Partnership Act are treated as family proceedings for the purposes of the Children Act in the same way as proceedings involving married people.
1020.Paragraphs 130 to 132 provide that the same restrictions placed on people seeking to be excused from complying with requests to assist in the recovery of children or requirements to give evidence in cases involving the care of children on the grounds of self-incrimination or incrimination of a husband or wife also apply to the incrimination of a civil partner.
1021.Paragraph 130 amends section 48(2) to provide that no person may be excused from complying with a requirement to assist in the recovery of a child who may be in need of emergency protection on the ground that complying might incriminate his or her civil partner of an offence.
1022.Paragraph 131 amends section 50(11) to provide that no person may be excused from complying with any request made in connection with an order for recovery of an abducted child on the ground that complying might incriminate his or her civil partner of an offence.
1023.Paragraph 132 amends section 98(1) and (2) to provide that no person shall be excused from giving evidence in proceedings regarding care or protection of a child on the ground that giving evidence could incriminate his or her civil partner of an offence.
Paragraphs 133 and 134 - Local Government and Housing Act 1989 (c. 42)
1024.Section 19 of the Local Government and Housing Act 1989 is linked to the regime imposed by the Local Government Act 1972 regarding the registration and declaration of pecuniary interests of members of local authorities, and certain other bodies, including Transport for London. The regime established by the 1972 Act no longer applies to local authorities, having been replaced by a new regime for the regulation of conduct and ethical standards of members of local authorities introduced by the Local Government Act 2000. However, the new regime does not apply to members of Transport for London, who continue to be subject to the 1972 Act and to the related provisions in the Local Government and Housing Act 1989.
1025.Section 19 of the 1989 Act gives the Secretary of State powers to make regulations regarding the interests, including the indirect pecuniary interests, of members of local authorities (including members of Transport for London). The definition of an indirect pecuniary interest in section 19(7) includes an interest which may arise through a member’s spouse. Paragraph 133 amends section 19 to provide that an indirect pecuniary interest arising through a member’s civil partner will be treated in the same way as one arising through a member’s spouse.
1026.Section 69 of the 1989 Act sets out the circumstances in which a company can be said to be under the influence of a local authority. In order to determine this, it may be necessary to establish whether a person is associated with the local authority. Subsection (5) sets out how a person may be associated with a local authority. Subsection (6) gives the Secretary of State power to provide by order that a person may also be associated with a local authority if he or she is at that time the spouse of, or carries on business in partnership with, a person who is associated with the authority by virtue of subsection (5)(a) (he or she is a member of the authority). Paragraph 134 amends section 69 to insert a reference to civil partner to ensure civil partners are treated in the same way as spouses.
Paragraph 135 - Opticians Act 1989 (c. 44)
1027.Section 29 of the Opticians Act 1989 provides that where an optician dies, his widow may continue to carry on the business for three years. The amendment to the 1989 Act reflects the existing practice of treating “widow” as including “widower” by referring to surviving spouses, and also adds surviving civil partners to this provision.
Paragraph 136 - Food Safety Act 1990 (c. 16)
1028.Section 43 of the Food Safety Act 1990 allows, on death of the registration holder/licensee, for the continuation of the registration or licence granted for food premises in accordance with regulations made under the Act. Currently this applies to the deceased licence or registration holder’s personal representative, widow or any other member of his family for a period of three months beginning with his death or for such longer period as the enforcement authority may allow. Paragraph 136 amends the Food Safety Act to enable surviving civil partners to benefit from the same rights accorded to personal representatives, and other members of the deceased’s family.
Paragraphs 137 and 138 - Courts and Legal Services Act 1990 (c. 41)
1029.Paragraph 137 amends section 10 of the Courts and Legal Services Act 1990 to insert a reference to proceedings under Schedule 6 to the Civil Partnership Act (financial relief in the magistrates’ court) to the list of proceedings defined as family proceedings in magistrates’ courts. This amendment is consequential upon the classification of proceedings arising from civil partnerships as family proceedings and will facilitate the handling of these proceedings in the magistrates’ court.
1030.Paragraph 138 amends Section 58A of the 1990 Act to add references to proceedings for dissolution, nullity and separation of civil partners, and proceedings for financial relief under Schedules 5, 6 and 7 to the Civil Partnership Act to the list of proceedings for which conditional fee agreements are not permissible.
Paragraph 139 – Broadcasting Act 1990 (c. 42)
1031.Broadcasting legislation requires the provision of television and radio services to be licensed. Under the media ownership rules in this legislation, certain persons and their "associates" are disqualified from holding broadcasting licences. The effect of this paragraph is to amend that legislation so that, where a husband or wife is regarded as an "associate" for these purposes under the current legislation, civil partners are also to be so regarded
Paragraph 140 - Local Government Finance Act 1992 (c. 14)
1032.Paragraph 140(1) makes changes to local government finance legislation. Paragraph 140(1) amends section 9(1)(a) of the Local Government Finance Act 1992 to provide that civil partners will be jointly and severally liable for council tax in the same way as married couples.
1033.Paragraph 140(2) amends section 9(3) of the 1992 Act to provide that, for the purposes of defining civil partners for that section, they are of the same sex and either civil partners of each other or are not in a civil partnership but who are living together as if they were civil partners.
1034.Paragraph 140(3) amends section 18(1)(b) of the 1992 Act to provide a regulation making power to deal with a case where a civil partner dies who was liable as a civil partner to pay council tax. A regulation making power already exists in section 18(1)(b) in relation to a person who dies who was liable as a spouse under section 9 of the Act to pay council tax.
Paragraph 141 –to 142 – Friendly Societies Act 1992 (c. 40)
1035.Paragraph 141 amends section 77 of the Friendly Societies Act 1992 which concerns the information to be disclosed in a friendly society’s balance sheet as regards the society’s appointed actuary, and that actuary’s spouse, children or stepchildren. It extends the disclosure provision in subsection 3(a) to include the civil partner of an actuary as well as the spouse.
1036.Paragraph 142 amends the meaning of “associate” in section 119A of the 1992 Act to include a civil partner as well as a wife or husband.
1037.Among the activities that a friendly society incorporated under the 1992 may conduct is the provision of insurance policies that pay out a sum of money on marriage or the birth of a child. Paragraph 143 amends Schedule 2 to the 1992 Act to allow incorporated friendly societies to provide insurance policies that pay out in the event of formation of a civil partnership.
Paragraphs 144 to 146 - Trade Union and Labour Relations Act 1992 (c. 52)
1038.Paragraph 144 amends section 23 of the 1992 Act in order to give a civil partner the same rights as the husband or wife of a trade union member. Section 23 provides for restriction on enforcement of awards against certain property held by trade unions. This includes property comprised in a separate fund maintained for the purpose only of providing provident benefits, including “a payment in discharge or aid of funeral expenses on the death of a member or the wife of a member or a provision for the children of a deceased member”.
1039.Paragraph 145 amends section 241 of the 1992 Act in order to give a civil partner the same protection as the husband or wife of a person. Section 241 relates to intimidation or annoyance in connection with industrial action. It provides that a person commits a criminal offence if, with a view to compelling another person to abstain from doing or to do an act which that person has a legal right to do or abstain from doing, he wrongfully and without legal authority uses violence to or intimidates that person or his wife or children.
1040.Paragraph 146 amends section 292 of the 1992 Act in order to give a surviving civil partner the same rights as widow or widower of a person. Section 292 provides for the continuation of employment tribunal proceedings in the event of the death of an employee or employer by a personal representative. It provides that where there is no personal representative tribunal proceedings may be instituted or continued by such other person as the employment tribunal may appoint, being either, the widower, widow, child, father mother, brother, or sister of the employee.
Paragraph 147 – Charities Act 1993 (c. 10)
1041.Paragraph 147 amends Schedule 5 to the Charities Act 1993. It ensures that the definition of “connected person” includes the civil partner (and any corporate body or institution in which they have an interest) of a person connected with a charity. The spouse (or corporate body or institution in which they have an interest) of such a person is already included in the definition.
Paragraph 148 – Pension Schemes Act 1993 (c. 48)
1042.Paragraph 148 amends the Pension Schemes Act 1993 to allow pension schemes to secure their liability to provide benefits in respect of a pension credit with the consent of a surviving civil partner.
Paragraph 149 – Pension Schemes (Northern Ireland) Act 1993 (c. 49)
1043.Paragraph 149 amends the Pension Schemes (Northern Ireland) Act 1993 to allow pension schemes to secure their liability to provide benefits in respect of a pension credit with the consent of a surviving civil partner.
Paragraph 150 - Disability Discrimination Act 1995 (c. 50)
1044.Section 23 of the Disability Discrimination Act specifies circumstances in which section 22, relating to discrimination in relation to the disposal of premises, does not apply in certain cases where the “relevant occupier” resides on small premises. Section 23 (6) defines the “relevant occupier” for the purposes of this section as the person who has the power to dispose of premises or the person whose consent or licence is required to dispose of the premises, or a “near relative” of this person. “Near relative” is defined in section 23(7). Paragraph 150 extends the definition of “near relative” to include a civil partner or a relative by civil partnership. It also replaces the definition of partner so that it includes a reference to two people of the same sex who are not civil partners of each other but are living together as if they were civil partners.
Paragraph 151 - Employment Rights Act 1996 (c. 18)
1045.Paragraph 151 amends subsection (3)(a) of section 57A of Employment Rights Act to include a civil partner as a dependant for the purposes of an employee’s entitlement to time off for dependants. This ensures that an employee will be able to take time off work to deal with certain emergencies involving a dependant who is a civil partner, just as an employee may currently take time off work to deal with an emergency involving a spouse.
Paragraph 152 - Family Law Act 1996 (c. 27)
1046.Paragraph 152 makes an amendment to add proceedings under Schedule 5 (financial relief in the High Court or a county court etc) and Schedule 6 (financial relief in magistrates’ court etc.) to the Civil Partnership Act to the proceedings for which it is possible for the Lord Chancellor to provide for separate representation in section 64 of the Family Law Act 1996.
Paragraph 153 – Trusts of Land and Appointment of Trustees Act 1996 (c. 47)
1047.Paragraph 153 amends paragraph 3 of Schedule 1 to the 1996 Act which concerns family charges. It extends the categories of land becoming charged voluntarily or in consideration of marriage so that it includes land charged in consideration of the formation of a civil partnership.
Paragraph 154 - Civil Procedure Act 1997 (c. 12)
1048.Section 7(7) of the Civil Procedure Act 1997 preserves the right of a person to refuse to do anything on the ground that to do so might tend to expose him or his spouse to proceedings for an offence or recovery of a penalty. Paragraph 154 amends the Civil Procedure Act 1997 to extend this right by inserting a reference to a "civil partner" after the reference to "spouse."
Paragraph 155 - National Minimum Wage Act 1998 (c. 39)
1049.Section 14(1)(b) and (c) of the National Minimum Wage Act 1998 provides that an officer acting for the purposes of the 1998 Act shall have power for the performance of his duties to require a relevant person to furnish him with certain information. Section 14(2) presently provides that a person shall not be required under section 14(1)(b) or (c) to answer any question or furnish any information which might incriminate the person or, if married, the person’s spouse. Paragraph 155 amends section 14(2) to provide equal protection to a person in a civil partnership.
Paragraph 156 - Access to Justice Act 1999 (c. 22)
1050.Paragraph 156 makes an amendment inserting a reference to proceedings for financial relief under Schedule 6 to the Civil Partnership Act 2004 (financial relief in the magistrates courts etc) after the reference to parallel legislative provisions relating to marriage in Schedule 2 to the Access to Justice Act 1999. The amendment provides that proceedings under Schedule 6 to the Civil Partnership Act are eligible for funding under the Community Legal Service in the same way as parallel proceedings in respect of marriage.
Paragraphs 157 to 161 – Welfare Reform and Pensions Act 1999 (c. 30)
1051.Paragraphs 157 to 161 make a number of changes to the Welfare Reform and Pensions Act 1999 such that certain provisions which relate to pension sharing orders will apply where a civil partnership is dissolved or annulled. These amendments are made to the provisions concerning the supply of information, the charges which can be made in relation to earmarking orders, and the activation and implementation of pension sharing.
Paragraphs 162 to 163 - Immigration and Asylum Act 1999 (c. 33)
1052.Paragraph 162 amends the Immigration and Asylum Act 1999 by inserting a new section, section 24A, which establishes a duty to report suspicious civil partnerships to the Home Office. Section 24A(1) places the duty to report, where there are reasonable grounds for suspecting a civil partnership will be a sham civil partnership, on those registration authorities to whom notice of proposed civil partnership is given under section 8 of the present Act; any person who attests a declaration under section 8; a district registrar who receives a notice under section 88; and a registrar who receives a notice under section 139.
1053.Subsection (2) of 24A also applies the duty to report where two people register as civil partners of each other under Part 2, 3 or 4 of the Act if before, during or immediately after they do so the registrar has reasonable grounds for suspecting the civil partnership is, or will be, a sham civil partnership.
1054.Subsection (3) of 24A establishes the duty to report to the Secretary of State without delay and in such form and manner as may be prescribed by regulations. Subsection (4) sets out who is to make the regulations. Subsection (5) defines the term “sham civil partnership” and subsection (6) defines the term “registrar”.
1055.Paragraph 163 is consequential.
Paragraph 164 - Representation of the People Act 2000 (c. 2)
1056.Paragraph 164 makes amendments to the Representation of the People Act 2000 to provide that civil partners are treated in the same way as married couples with regard to the rights and obligations of spouses, husbands and wives in electoral legislation pertaining to voting by proxy.
Paragraphs 165 - 166 - Financial Services and Markets Act 2000 (c. 8)
1057.Paragraph 165 amends section 422 (controller) of the Financial Services and Markets Act 2000 (c.8). It ensures that a civil partner will be treated in the same way as a spouse by adding reference to a civil partner in the definition of “associate” in section 422(4)(a) of the Act.
1058.Paragraph 166 amends Paragraph 16 (qualifying persons) of Schedule 11 to the Financial Services and Markets Act 2000. It ensures that a civil partner or surviving civil partner of a relevant employee will be treated in the same way as a wife, husband, widow or widower of such an employee by adding reference to a civil partner and surviving civil partner in the definition of “qualifying person” in paragraph 16(2) of Schedule 11 to the Act.
Paragraph 167 - Land Registration Act 2002 (c. 9)
1059.Section 125(2) of the Land Registration Act 2002 provides that no evidence obtained under subsection (1) of the provision is admissible in any criminal proceedings against the person from whom it was obtained or that person's spouse. Paragraph 167 extends this privilege to that person's civil partner by amending section 125(2).
Paragraphs 168 and 169 - Enterprise Act 2002 (c. 40)
1060.Paragraph 168 amends section 127 (associated persons) of the Enterprise Act 2002. It ensures that a civil partner will be treated the same way as a spouse by adding references to civil partners in the definition of an “associated person”, including relatives, in sections 127(4)(a) and (c) and 127 (6) of the Act. These definitions are relevant to determining whether "enterprises have ceased to be distinct" (i.e. there has been a merger) and what business activities can be made the subject of certain remedial action as a result of a merger or market investigation.
1061.Paragraph 169 amends section 222(10) to extend the definition of “associate” to civil partners and their relatives. Civil partners and their relatives will therefore be treated as “associate persons” in the same way as spouses and their relatives when orders are sought to enforce consumer protection legislation against people who control companies.
Paragraph 170 - Licensing Act 2003 (c. 17)
1062.Paragraph 170 amends section 101 of the Licensing Act 2003 to provide that a civil partner will be treated in the same way as a spouse when determining whether an individual is an associate of another person for the purposes of section 101.
Paragraph 171 - Local Government Act 2003 (c. 26)
1063.Paragraph 171 amends paragraph 2(1)(a) of Schedule 4 to the Local Government Act 2003. It provides that a person shall be disqualified from being a member of the Valuation Tribunal Service (“VTS”) if he is the civil partner of an employee of the VTS. This mirrors the provision that exists for spouses.
Paragraph 172 - Courts Act 2003 (c. 39)
1064.Paragraph 172 amends section 76 of the Courts Act 2003 (dealing with the scope of the Family Procedure Rules) to add a reference to “civil partnership proceedings county court (within the meaning of Part 5 of the Matrimonial and Family Proceedings Act 1984)” after the reference to “divorce county court”. This amendment will facilitate the drafting of rules for proceedings arising from civil partnerships and will enable the same rules committee to consider these rules together with the rules for family proceedings generally.
Paragraphs 173 to 175 – Sexual Offences Act 2003 (c. 42)
1065.Paragraphs 173 to 175 amend sections 23, 28 and 43 of the Sexual Offences Act 2003 to include a reference to civil partners where there are currently only references to persons who are lawfully married. At present, sections 23, 28 and 43 provide that an offence will not be committed under sections 16 to 19, 25 and 26 and 38 to 41 respectively, of the 2003 Act where a person (B) is 16 years or over and (A) and (B) are lawfully married. Those sections also provide that the defendant must prove that A and B were lawfully married at the time. These amendments provide that an offence will not be committed under these sections where person B is 16 years or over and A and B are civil partners of each other and replace references to “were lawfully married at the time” with “were at the time lawfully married or civil partners of each other.”.