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The Civil Partnership Act 2004 (Overseas Relationships and Consequential, etc. Amendments) Order 2005

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Article 4(4)

SCHEDULE 4FURTHER CONSEQUENTIAL AMENDMENTS

This schedule has no associated Explanatory Memorandum

Foreign Marriage Act 1892

1.  In section 22 of the Foreign Marriage Act 1892(1) (validity of marriages solemnized by chaplains of HM forces serving abroad and other persons), for subsection (1B) substitute—

(1B) In determining for the purposes of subsection (1A) above whether one person is the child of another, a person who is or was treated by another as a child of the family in relation to—

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

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

shall be regarded as the other’s child.

Consumer Credit Act 1974

2.  In section 184(5) of the Consumer Credit Act 1974(2) (associates: meaning of “relative”), after “former civil partner” insert “and a reputed civil partner”.

Adoption Act 1976

3.  In section 47(1) of the Adoption Act 1976(3) (enactments for whose purpose section 39 does not apply), for the words from “the table” to “or”, substitute “section 1 of and Schedule 1 to the Marriage Act 1949 or Schedule 1 to the Civil Partnership Act 2004 (prohibited degrees of kindred and affinity),”.

Credit Unions Act 1979

4.  In section 31(1) of the Credit Unions Act 1979(4) (interpretation, etc) in the definition of “civil partner”, after “former civil partner” insert “and reputed civil partner”.

Estate Agents Act 1979

5.  In section 32(3) of the Estate Agents Act 1979(5) (associates: meaning of “relative”), after “former civil partner” insert “and a reputed civil partner”.

Transport Act 1982

6.  In section 70(2)(bb) of the Transport Act 1982(6) (payments in respect of applicants for exemption from wearing seat belts), for “married or unmarried couple” substitute “couple”.

Representation of the People Act 1985

7.—(1) The Representation of the People Act 1985(7) shall be amended as follows.

(2) In section 6 (absent vote at elections for an indefinite period), in subsection (2)(c), after “spouse” (in each place) insert “or civil partner”(8).

(3) In section 8 (proxies at elections), in subsection (5), for “husband, wife” substitute “spouse or civil partner”.

Insolvency Act 1986

8.  In section 435(8) of the Insolvency Act 1986(9) (associates: meaning of “relative”), after “former civil partner” insert “and a reputed civil partner”.

Children Act 1989

9.  In section 29(3B)(b) of the Children Act 1989(10) (recoupment of cost of providing services), for “married or unmarried couple” substitute “couple”.

Broadcasting Act 1990

10.  In paragraph 1(2) of Part 1 of Schedule 2 to the Broadcasting Act 1990(11) (restrictions on the holding of licences), after “former civil partner” insert “and a reputed civil partner”.

Employment Rights Act 1996

11.  In section 206(5)(b) of the Employment Rights Act 1996(12) (institution or continuance of tribunal proceedings: meaning of “appropriate person”), after “widow or widower,” insert “surviving civil partner,”.

Human Tissue Act 2004

12.—(1) Amend the Human Tissue Act 2004(13) as follows.

(2) In section 27 (provision with respect to consent), in subsection (4)(a), after “spouse” insert “, civil partner”.

(3) In section 54 (general interpretation), in subsection (9) after “spouse” insert “civil partner,”.

(1)

1892 c. 23. Subsection (1B) of section 22 was inserted by section 6 of the Foreign Marriage (Amendment) Act 1988 (c. 44).

(2)

1974 c. 39. The words “or wife, and references to a civil partner include a former civil partner” in section 184(5) were substituted by paragraph 51(4)(b) of Schedule 27 to the Civil Partnership Act 2004.

(4)

1979 c. 34. The definition of “civil partner” in section 31(1) was inserted by paragraph 61(2) of Schedule 27 to the Civil Partnership Act 2004.

(5)

1979 c. 38.The words “and references to a civil partner include a former civil partner” in section 32(3) were inserted by paragraph 63(3)(b) of Schedule 27 to the Civil Partnership Act 2004.

(6)

1982 c. 49. Paragraph (bb) of subsection (2) was inserted by section 14 of, and Schedule 2, Part 3, paragraph 26 to, the State Pension Credit Act 2002.

(7)

1985 c. 50. Sections 12(2) and 15(2) of, and Schedule 7 to, the Representation of the People Act 2000 (c. 2) repealed sections 6 and 8 of the Representation of the People Act 1985 in relation to England, Scotland and Wales.

(8)

The words from “or by reason” to “of his spouse” were inserted by section 15(1) of, and Schedule 6 to, the Representation of the People Act 2000.

(9)

1986 c. 45. The words “and references to a civil partner include a former civil partner” in section 435(8) were inserted by paragraph 122(4) of Schedule 27 to the Civil Partnership Act 2004.

(10)

1989 c. 41. Subsection (3B) was inserted by section 14 of, and Schedule 2, Part 3, paragraph 30 to, the State Pension Credit Act 2002.

(11)

1990 c. 42. The words “and references to a civil partner shall include a former civil partner” in paragraph 1(2) of Part 1 of Schedule 2 were inserted by paragraph 139 of Schedule 27 to the Civil Partnership Act 2004.

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