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The Civil Partnership Act 2004 (Commencement No. 2) Order 2005

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Statutory Instruments

2005 No. 3175 (C.136)

CIVIL PARTNERSHIP

The Civil Partnership Act 2004 (Commencement No. 2) Order 2005

Made

14th November 2005

The Secretary of State makes the following Order in exercise of the powers conferred by section 263 of the Civil Partnership Act 2004(1).

In accordance with that section of that Act, he has consulted the Scottish Ministers and the Department of Finance and Personnel in Northern Ireland with respect to article 3 of, and Schedule 2 to, this Order.

Citation, interpretation and extent

1.  (1)  This Order may be cited as the Civil Partnership Act 2004 (Commencement No. 2) Order 2005.

(2) In this Order—

(a)the Act” means the Civil Partnership Act 2004; and

(b)“the 1949 Act” means the Marriage Act 1949(2).

(3) This Order does not extend to the Channel Islands or the Isle of Man.

Commencement not requiring consultation

2.  (1)  The provisions of the Act specified in Schedule 1 to this Order shall come into force on 5th December 2005.

(2) Subject to paragraphs (3) to (5), Schedule 27 to the Act shall, in so far as it is not already in force, come into force on 5th December 2005.

(3) Paragraph 13(4) and (5) of Schedule 27 shall not be commenced by this Order.

(4) Paragraph 13(6) of Schedule 27 shall only be commenced so as to omit subsections (6) and (7) of section 1 of the 1949 Act, and only in so far as those subsections apply to Part 2 of Schedule 1 to the 1949 Act.

(5) Paragraph 17 of Schedule 27 shall only be commenced in so far as it substitutes Parts 1 and 2 of Schedule 1 to the 1949 Act.

(6) Subject to paragraph (7), Schedule 30 to the Act, except so far as relating to any Acts of the Scottish Parliament or any provision which extends to Northern Ireland only, shall come into force on 5th December 2005.

(7) The amendment of the 1949 Act in Schedule 30 shall only be commenced so as to repeal subsections (6) and (7) of section 1 of that Act, and only in so far as those subsections apply to Part 2 of Schedule 1 to that Act.

(8) Paragraph 13(2)(a) of Schedule 9 to the Act shall come into force on 5th December 2005 immediately after section 3 of the Domestic Violence, Crime and Victims Act 2004(3) has come into force.

(9) Sections 75(2) and 79 of the Act shall come into force on 30th December 2005.

Commencement requiring consultation

3.  The provisions of the Act specified in Schedule 2 to this Order shall come into force on 5th December 2005.

Meg Munn

Parliamentary Under Secretary of State for Women and Equality

Department of Trade and Industry

14th November 2005

Article 2(1)

SCHEDULE 1COMMENCEMENT OF PROVISIONS NOT REQUIRING CONSULTATION

  • Section 2 in so far as it is not already in force

  • Sections 3 to 7

  • Section 8 in so far as it is not already in force

  • Section 9

  • Section 10 in so far as it is not already in force

  • Section 11

  • Section 12(1) and (3)

  • Section 13

  • Section 14(1), (3), (4) and (5)

  • Sections 15 to 17

  • Sections 18 and 19 in so far as they are not already in force

  • Section 20

  • Section 21 in so far as it is not already in force

  • Sections 22 to 24

  • Section 25(1), (2), (3), (4), (6) and (7)

  • Sections 26 to 33

  • Section 34(2)

  • Sections 37 to 41

  • Section 42 in so far as it is not already in force

  • Sections 43 and 44

  • Section 45(1), (2), (5), (6), (7) and (8)

  • Sections 46 to 60

  • Section 61 in so far as it is not already in force

  • Sections 62 and 63

  • Section 64(3)

  • Section 65

  • Section 66 in so far as it is not already in force

  • Sections 67 to 74

  • Section 75(1), (3) and (4)

  • Sections 76 to 78

  • Sections 80 to 84

  • Sections 249, 251 and 253

  • Section 254(1) in so far as it relates to the provisions in Schedule 24 to the Act which are brought into force by this Order

  • Sections 256 and 257

  • Section 261(1)

  • Section 261(4) except so far as relating to any Acts of the Scottish Parliament or any provision which extends to Northern Ireland only

  • Schedule 1 in so far as it is not already in force, except paragraphs 3 and 9

  • Schedule 2, except paragraph 15(2) and (3)

  • Schedules 3 and 4

  • Schedule 5 in so far as it is not already in force, except Part 7

  • Schedule 6 in so far as it is not already in force

  • Schedule 7 in so far as it is not already in force, except paragraph 10(4)(b), (5)(b) and (9)(c)

  • Schedule 8

  • Schedule 9 except paragraph 13(2)(a)

  • Schedule 23 in so far as it is not already in force

  • Schedule 24 except paragraphs 7 to 12, 67 to 85, 87, 89 to 99, 102 to 105, 107 to 117, 128 to 137, and 148 to 151

  • Schedule 25

  • Schedule 26 in so far as it is not already in force

Article 3

SCHEDULE 2COMMENCEMENT OF PROVISIONS REQUIRING CONSULTATION

  • Section 1

  • Section 210(3)

  • Section 212

  • Section 213(1)

  • Sections 214 to 218

  • Section 220 in so far as it is not already in force

  • Sections 221 and 222

  • Sections 224 and 225

  • Section 227

  • Section 228 in so far as it is not already in force

  • Sections 229 and 230

  • Sections 232 to 236

  • Section 237(1) and (6)

  • Section 238

  • Section 245 in so far as it is not already in force

  • Sections 246 and 247(1)

  • Section 250

  • Schedules 20 and 21

Explanatory Note

(This note is not part of the Order)

This Order brings into force on 5th December 2005 all the remaining provisions of the Civil Partnership Act 2004 (c. 33) (“the Act”) (other than those provisions that come into force by Order made by the Scottish Ministers or the Department of Finance and Personnel in Northern Ireland) with the following exceptions –

  • Section 75(2) of the Act, which amends section 4A(1) of the Children Act 1989 (c. 41) (acquisition of parental responsibility by step-parent), is brought into force by this Order on 30th December 2005

  • Section 79 of the Act, which amends the Adoption and Children Act 2002 (c. 38) to ensure that civil partners are treated equally with spouses for the purposes of adoption, is brought into force by this Order on 30th December 2005

  • Paragraphs 3 and 9 of Schedule 1 to the Act (prohibited degrees of relationship: England and Wales) are not commenced by this Order

  • Part 7 of Schedule 5 to the Act and paragraph 10(4)(b), (5)(b) and (9)(c) of Schedule 7 to the Act, which relate to pension protection fund compensation, are not commenced by this Order

  • Paragraph 13(4) and (5) of Schedule 27 to the Act, which amends section 1(4) and (5) of the Marriage Act 1949 (c. 76) (“the 1949 Act”) (marriages within prohibited degrees), is not commenced by this Order

  • Paragraph 13(6) of Schedule 27 to the Act, which omits section 1(6) to (8) of the 1949 Act (marriages within prohibited degrees), is only partially commenced on 5th December 2005

  • Paragraph 17 of Schedule 27 to the Act, which amends Schedule 1 to the 1949 Act (kindred and affinity), is only partially commenced on 5th December 2005

  • The amendment of section 1 of the 1949 Act (marriages within prohibited degrees) in Schedule 30 to the Act is only partially commenced on 5th December 2005

A regulatory impact assessment has not been prepared for this Order, as it has no impact on the cost of business, charities, voluntary bodies or any public bodies distinct from that of the Act itself. A full regulatory impact assessment for civil partnership was published alongside the Act and can be viewed at http://www.dti.gov.uk/access/ria/index.htm#equality.

Note as to Earlier Commencement Orders

(This note is not part of the Order)

The following provisions of the Act have been brought into force by commencement orders made before the date of this Order:

ProvisionDate of CommencementS.I. No.
Section 2(4)(b) (partially)15.4.20052005/1112
Section 8(2) (partially)15.4.20052005/1112
Section 10(2)(c) (partially)15.4.20052005/1112
Section 12(2)15.4.20052005/1112
Section 14(2)15.4.20052005/1112
Section 18(4) (partially)15.4.20052005/1112
Section 19(5) (partially)15.4.20052005/1112
Section 21(2) (partially)15.4.20052005/1112
Section 25(5)15.4.20052005/1112
Section 34(1)15.4.20052005/1112
Section 3515.4.20052005/1112
Section 3615.4.20052005/1112
Section 42(1) (partially)15.4.20052005/1112
Section 42(2)15.4.20052005/1112
Section 45(3) and (4)15.4.20052005/1112
Section 61(1) (partially)15.4.20052005/1112
Section 61(2)15.4.20052005/1112
Section 64(1) and (2)15.4.20052005/1112
Section 66(1)(b) (partially)15.4.20052005/1112
Section 66(3)15.4.20052005/1112
Section 88(1) and (5) (partially)14.9.2005SSI 2005/428
Section 89(1) (partially)14.9.2005SSI 2005/428
Section 89(2)14.9.2005SSI 2005/428
Section 90(4)14.9.2005SSI 2005/428
Section 94 (partially)14.9.2005SSI 2005/428
Section 95(3) and (4)14.9.2005SSI 2005/428
Section 97(3) (partially)14.9.2005SSI 2005/428
Section 99(2) (partially)14.9.2005SSI 2005/428
Section 122(3)14.9.2005SSI 2005/428
Section 122(4) (partially)14.9.2005SSI 2005/428
Section 12614.9.2005SSI 2005/428
Section 134 (partially)14.9.2005SSI 2005/428
Section 135 and 13614.9.2005SSI 2005/428
Section 139(2) and (3) (partially)5.9.20052005/2399
Section 140(1)(a) (partially)5.9.20052005/2399
Section 143 (partially)5.9.20052005/2399
Section 144(4) (partially)5.9.20052005/2399
Section 144(6) (partially)5.9.20052005/2399
Section 145(3) (partially)5.9.20052005/2399
Section 147(1) (partially)5.9.20052005/2399
Section 149(2)(a) (partially)5.9.20052005/2399
Section 152(5)5.9.20052005/2399
Section 155(3) (partially)5.9.20052005/2399
Section 156(1) and (3)(partially)5.9.20052005/2399
Section 1575.9.20052005/2399
Section 1595.9.20052005/2399
Section 1605.9.20052005/2399
Section 169(3) and (4)5.9.20052005/2399
Section 184(1) (partially)5.9.20052005/2399
Section 184(2)5.9.20052005/2399
Section 184(6)5.9.20052005/2399
Section 184(8)5.9.20052005/2399
Section 187(1) and (2)5.9.20052005/2399
Section 1885.9.20052005/2399
Section 189(1)5.9.20052005/2399
Section 189(2) (partially)5.9.20052005/2399
Section 190(2), (3) and (4) (partially)5.9.20052005/2399
Section 191(3) (partially)5.9.20052005/2399
Section 210(1), (2), (4) and (5)15.4.20052005/1112
Section 21115.4.20052005/1112
Section 21915.4.20052005/1112
Section 220 (partially)15.4.20052005/1112
Section 22315.4.20052005/1112
Section 22615.4.20052005/1112
Section 228 (partially)15.4.20052005/1112
Section 23115.4.20052005/1112
Section 237(2) to (5)15.4.20052005/1112
Section 23915.4.20052005/1112
Section 24015.4.20052005/1112
Section 24115.4.20052005/1112
Section 24215.4.20052005/1112
Section 24315.4.20052005/1112
Section 24415.4.20052005/1112
Section 245 (partially)15.4.20052005/1112
Schedule 1 paragraph 5(3) (partially)15.4.20052005/1112
Schedule 2 paragraph 15(2) and (3)15.4.20052005/1112
Schedule 5 paragraphs 15(2), 19(2) and (3), 27(c), 28 and 29(2) and (3) (partially)15.4.20052005/1112
Schedule 5 paragraph 46(2) (partially)15.4.20052005/1112
Schedule 5 paragraph 46(3)15.4.20052005/1112
Schedule 5 paragraph 57(3) and (4) (partially)15.4.20052005/1112
Schedule 5 paragraph 80(3) (partially)15.4.20052005/1112
Schedule 6 paragraphs 10 and 11(2) (partially)15.4.20052005/1112
Schedule 7 paragraphs 2(3), 4(1), and 12(1) and (5) (partially)15.4.20052005/1112
Schedule 7 paragraph 14(4) and (5)15.4.20052005/1112
Schedule 13 paragraph 6 (partially)5.9.20052005/2399
Schedule 15 paragraph 10(2) (partially)7.11.20052005/3058
Schedule 15 paragraph 14(2), (3) and (4) (partially)7.11.20052005/3058
Schedule 15, paragraphs 22(c), 23, and 24(2) and (3) (partially)7.11.20052005/3058
Schedule 15 paragraph 41(2) (partially)5.9.20052005/2399
Schedule 15 paragraph 41(3)5.9.20052005/2399
Schedule 15 paragraph 50(3), (4) and (5) (partially)5.9.20052005/2399
Schedule 15 paragraph 75(4) (partially)5.9.20052005/2399
Schedule 16 paragraphs 10 and 11(2) (partially)5.9.20052005/2399
Schedule 17 paragraphs 2(3), 4(1), and 12(1) and (5) (partially)5.9.20052005/2399
Schedule 17 paragraphs 14(4), (5) and (6)5.9.20052005/2399
Schedule 23 paragraphs 2(1) and (3), 4, 6, 9, 10(1) and (3), 13, 15(1) and (3), 16(3)(a) and 17 (partially)15.4.20052005/1112
Schedule 26 paragraphs 4, 5, 8 and 17 (partially)15.4.20052005/1112
Schedule 27 paragraph 1215.4.20052005/1112
Schedule 27 paragraph 14 (partially)15.4.20052005/1112
Schedule 27 paragraph 21 (partially)15.4.20052005/1112
Schedule 27 paragraph 70 (partially)15.4.20052005/1112
Schedule 27 paragraph 13715.4.20052005/1112
Schedule 27 paragraph 140(3) (partially)15.4.20052005/1112
Schedule 27 paragraph 162 (partially)15.4.20052005/1112
Schedule 27 paragraph 16315.4.20052005/1112
Schedule 27 paragraph 17215.4.20052005/1112
Schedule 29 paragraph 94 (partially)5.9.20052005/2399

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