Search Legislation

Civil Partnership Act 2004

What Version

 Help about what version

Advanced Features

 Help about advanced features

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to Civil Partnership Act 2004. Any changes that have already been made by the team appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

 Help about changes and effects
Close

Changes and effects

This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

Commencement Orders yet to be applied to the Civil Partnership Act 2004

 Help about changes and effects
Close

Commencement Orders

This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.

Commencement Orders bringing legislation that affects this Act into force:

Part 8 E+W+S+N.I.Supplementary

258Regulations and ordersE+W+S+N.I.

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

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

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

259Power to make further provision in connection with civil partnershipE+W+S+N.I.

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

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

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

(c)for giving full effect to this Act or any provision of it.

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

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

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

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

(3)An order under subsection (1) may—

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

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

(c)amend, repeal or (as the case may be) revoke any Church legislation.

(4)An order under subsection (1) may—

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

(b)amend or revoke any subordinate legislation.

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

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

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

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

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

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

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

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

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

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

(10)A statutory rule made by a Northern Ireland department and containing an order to which subsection (8) does not apply is subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.))).

(11)In this section—

  • Act” includes an Act of the Scottish Parliament;

  • Church legislation” has the same meaning as in section 255;

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

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

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

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

260[F1EU] obligations and civil partnersE+W+S+N.I.

(1)Subsection (2) applies where any person, by Order in Council or regulations under section 2(2) of the European Communities Act 1972 (c. 68) (general implementation of Treaties)—

(a)is making provision for the purpose of implementing, or for a purpose concerning, [F2an EU] obligation of the United Kingdom which relates to persons who are or have been parties to a marriage, or

(b)has made such provision and it has not been revoked.

(2)The appropriate person may by Order in Council or (as the case may be) by regulations make provision in relation to persons who are or have been civil partners in a civil partnership that is the same or similar to the provision referred to in subsection (1).

(3)Marriage” and “civil partnership” include a void marriage and a void civil partnership respectively.

(4)The appropriate person” means—

(a)if subsection (1)(a) applies, the person making the provision referred to there;

(b)if subsection (1)(b) applies, any person who would have power to make the provision referred to there if it were being made at the time of the exercise of the power under subsection (2).

(5)The following provisions apply in relation to the power conferred by subsection (2) to make an Order in Council or regulations as they apply in relation to the power conferred by section 2(2) of the 1972 Act to make an Order in Council or regulations—

(a)paragraph 2 of Schedule 2 to the 1972 Act (procedure etc. in relation to making of Orders in Council and regulations: general);

(b)paragraph 15(3)(c) of Schedule 8 to the Scotland Act 1998 (c. 46) (modifications of paragraph 2 in relation to Scottish Ministers and to Orders in Council made on the recommendation of the First Minister);

(c)paragraph 3 of Schedule 2 to the 1972 Act (modifications of paragraph 2 in relation to Northern Ireland departments etc.) and the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)) (treating the power conferred by subsection (2) as conferred by an Act passed before 1st January 1974 for the purposes of the application of that Order);

(d)section 29(3) of the Government of Wales Act 1998 (c. 38) (modifications of paragraph 2 in relation to the National Assembly for Wales).

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

261Minor and consequential amendments, repeals and revocationsE+W+S+N.I.

(1)Schedule 27 contains minor and consequential amendments.

(2)Schedule 28 contains consequential amendments of enactments relating to Scotland.

(3)Schedule 29 contains minor and consequential amendments relating to Northern Ireland.

(4)Schedule 30 contains repeals and revocations.

262ExtentE+W+S+N.I.

(1)Part 2 (civil partnership: England and Wales), excluding section 35 but including Schedules 1 to 9, extends to England and Wales only.

(2)Part 3 (civil partnership: Scotland), including Schedules 10 and 11, extends to Scotland only.

(3)Part 4 (civil partnership: Northern Ireland), including Schedules 12 to 19, extends to Northern Ireland only.

(4)In Part 5 (civil partnerships formed or dissolved abroad etc.)—

(a)sections 220 to 224 extend to England and Wales only;

(b)sections 225 to 227 extend to Scotland only;

(c)sections 228 to 232 extend to Northern Ireland only.

(5)In Part 6—

(a)any amendment made by virtue of section 247(1)(a) and Schedule 21 has the same extent as the provision subject to the amendment;

(b)section 248 and Schedule 22 extend to Northern Ireland only.

(6)Section 251 extends to England and Wales and Scotland only.

(7)Section 252 extends to Northern Ireland only.

(8)Schedule 28 extends to Scotland only.

(9)Schedule 29 extends to Northern Ireland only.

(10)Any amendment, repeal or revocation made by Schedules 24 to 27 and 30 has the same extent as the provision subject to the amendment, repeal or revocation.

263CommencementE+W+S+N.I.

(1)Part 1 comes into force in accordance with provision made by order by the Secretary of State, after consulting the Scottish Ministers and the Department of Finance and Personnel.

(2)Part 2, including Schedules 1 to 9, comes into force in accordance with provision made by order by the Secretary of State.

(3)Part 3, including Schedules 10 and 11, comes into force in accordance with provision made by order by the Scottish Ministers, after consulting the Secretary of State.

(4)Part 4, including Schedules 12 to 19, comes into force in accordance with provision made by order by the Department of Finance and Personnel, after consulting the Secretary of State.

(5)Part 5, excluding section 213(2) to (6) but including Schedule 20, comes into force in accordance with provision made by order by the Secretary of State, after consulting the Scottish Ministers and the Department of Finance and Personnel.

(6)Section 213(2) to (6) comes into force on the day on which this Act is passed.

(7)In Part 6 —

(a)sections 246 and 247(1) and Schedule 21 come into force in accordance with provision made by order by the Secretary of State, after consulting the Scottish Ministers and the Department of Finance and Personnel,

(b)section 248(1) and Schedule 22 come into force in accordance with provision made by order by the Department of Finance and Personnel, after consulting the Secretary of State, and

(c)sections 247(2) to (7) and 248(2) to (5) come into force on the day on which this Act is passed.

(8)In Part 7—

(a)sections 249, 251, 253, 256 and 257 and Schedules 23, 25 and 26 come into force in accordance with provision made by order by the Secretary of State,

(b)section 250 comes into force in accordance with provision made by order by the Secretary of State, after consulting the Scottish Ministers and the Department of Finance and Personnel,

(c)section 252 comes into force in accordance with provision made by the Department of Finance and Personnel, after consulting the Secretary of State,

(d)subject to paragraph (e), section 254(1) and Schedule 24 come into force in accordance with provision made by order by the Secretary of State,

(e)the provisions of Schedule 24 listed in subsection (9), and section 254(1) so far as relating to those provisions, come into force in accordance with provision made by the Department of Finance and Personnel, after consulting the Secretary of State, and

(f)sections 254(2) to (6) and 255 come into force on the day on which this Act is passed.

(9)The provisions are—

(a)Part 2;

(b)in Part 5, paragraphs 67 to 85, 87, 89 to 99 and 102 to 105;

(c)Part 6;

(d)Parts 9 and 10;

(e)Part 15.

(10)In this Part—

(a)sections 258, 259, 260 and 262, this section and section 264 come into force on the day on which this Act is passed,

(b)section 261(1) and Schedule 27 and, except so far as relating to any Acts of the Scottish Parliament or any provision which extends to Northern Ireland only, section 261(4) and Schedule 30 come into force in accordance with provision made by order by the Secretary of State,

(c)section 261(2) and Schedule 28 and, so far as relating to any Acts of the Scottish Parliament, section 261(4) and Schedule 30 come into force in accordance with provision made by order by the Scottish Ministers, after consulting the Secretary of State,

(d)section 261(3) and Schedule 29 and, so far as relating to any provision which extends to Northern Ireland only, section 261(4) and Schedule 30 come into force in accordance with provision made by order by the Department of Finance and Personnel, after consulting the Secretary of State.

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

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Subordinate Legislation Made

P1S. 263 power partly exercised: 15.4.2005 appointed for specified provisions by {S.I. 2005/1112}, art. 2, Schs. 1, 2

P2S. 263 power partly exercised: 5.9.2005 appointed for specified provisions by {S.I. 2005/2399}, art. 2, Sch.

P3S. 263 power partly exercised: 7.11.2005 appointed for specified provisions by {S.I. 2005/3058}, art. 2

P4S. 263 power partly exercised: different dates appointed for specified provisions by {S.I. 2005/3175}, arts. 2, 3, Schs. 1, 2

P5S. 263 power partly exercised: 5.12.2005 appointed for specified provisions by {S.I. 2005/3255}, art. 2, Sch.

P6S. 263 power partly exercised: 6.4.2006 appointed for specified provisions by {S.I. 2006/639}, art. 2

P7S. 263 power partly exercised: 6.4.2006 appointed for specified provisions by {S.I. 2006/928}, art. 2

P8S. 263(3) power partly exercised: 14.9.2005 appointed for specified provisions by {S.S.I. 2005/428}, art. 2, Sch.

P9S. 263(3)(10)(c) power partly exercised: 5.12.2005 appointed for specified provisions by {S.S.I. 2005/604}, arts. 2-4

264Short titleE+W+S+N.I.

This Act may be cited as the Civil Partnership Act 2004.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open The Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act without Schedules as a PDF

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources