Statutory Instruments
CIVIL PARTNERSHIP
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.
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.
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.
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)
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
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
(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.
(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:
| Provision | Date of Commencement | S.I. No. |
|---|---|---|
| Section 2(4)(b) (partially) | 15.4.2005 | 2005/1112 |
| Section 8(2) (partially) | 15.4.2005 | 2005/1112 |
| Section 10(2)(c) (partially) | 15.4.2005 | 2005/1112 |
| Section 12(2) | 15.4.2005 | 2005/1112 |
| Section 14(2) | 15.4.2005 | 2005/1112 |
| Section 18(4) (partially) | 15.4.2005 | 2005/1112 |
| Section 19(5) (partially) | 15.4.2005 | 2005/1112 |
| Section 21(2) (partially) | 15.4.2005 | 2005/1112 |
| Section 25(5) | 15.4.2005 | 2005/1112 |
| Section 34(1) | 15.4.2005 | 2005/1112 |
| Section 35 | 15.4.2005 | 2005/1112 |
| Section 36 | 15.4.2005 | 2005/1112 |
| Section 42(1) (partially) | 15.4.2005 | 2005/1112 |
| Section 42(2) | 15.4.2005 | 2005/1112 |
| Section 45(3) and (4) | 15.4.2005 | 2005/1112 |
| Section 61(1) (partially) | 15.4.2005 | 2005/1112 |
| Section 61(2) | 15.4.2005 | 2005/1112 |
| Section 64(1) and (2) | 15.4.2005 | 2005/1112 |
| Section 66(1)(b) (partially) | 15.4.2005 | 2005/1112 |
| Section 66(3) | 15.4.2005 | 2005/1112 |
| Section 88(1) and (5) (partially) | 14.9.2005 | SSI 2005/428 |
| Section 89(1) (partially) | 14.9.2005 | SSI 2005/428 |
| Section 89(2) | 14.9.2005 | SSI 2005/428 |
| Section 90(4) | 14.9.2005 | SSI 2005/428 |
| Section 94 (partially) | 14.9.2005 | SSI 2005/428 |
| Section 95(3) and (4) | 14.9.2005 | SSI 2005/428 |
| Section 97(3) (partially) | 14.9.2005 | SSI 2005/428 |
| Section 99(2) (partially) | 14.9.2005 | SSI 2005/428 |
| Section 122(3) | 14.9.2005 | SSI 2005/428 |
| Section 122(4) (partially) | 14.9.2005 | SSI 2005/428 |
| Section 126 | 14.9.2005 | SSI 2005/428 |
| Section 134 (partially) | 14.9.2005 | SSI 2005/428 |
| Section 135 and 136 | 14.9.2005 | SSI 2005/428 |
| Section 139(2) and (3) (partially) | 5.9.2005 | 2005/2399 |
| Section 140(1)(a) (partially) | 5.9.2005 | 2005/2399 |
| Section 143 (partially) | 5.9.2005 | 2005/2399 |
| Section 144(4) (partially) | 5.9.2005 | 2005/2399 |
| Section 144(6) (partially) | 5.9.2005 | 2005/2399 |
| Section 145(3) (partially) | 5.9.2005 | 2005/2399 |
| Section 147(1) (partially) | 5.9.2005 | 2005/2399 |
| Section 149(2)(a) (partially) | 5.9.2005 | 2005/2399 |
| Section 152(5) | 5.9.2005 | 2005/2399 |
| Section 155(3) (partially) | 5.9.2005 | 2005/2399 |
| Section 156(1) and (3)(partially) | 5.9.2005 | 2005/2399 |
| Section 157 | 5.9.2005 | 2005/2399 |
| Section 159 | 5.9.2005 | 2005/2399 |
| Section 160 | 5.9.2005 | 2005/2399 |
| Section 169(3) and (4) | 5.9.2005 | 2005/2399 |
| Section 184(1) (partially) | 5.9.2005 | 2005/2399 |
| Section 184(2) | 5.9.2005 | 2005/2399 |
| Section 184(6) | 5.9.2005 | 2005/2399 |
| Section 184(8) | 5.9.2005 | 2005/2399 |
| Section 187(1) and (2) | 5.9.2005 | 2005/2399 |
| Section 188 | 5.9.2005 | 2005/2399 |
| Section 189(1) | 5.9.2005 | 2005/2399 |
| Section 189(2) (partially) | 5.9.2005 | 2005/2399 |
| Section 190(2), (3) and (4) (partially) | 5.9.2005 | 2005/2399 |
| Section 191(3) (partially) | 5.9.2005 | 2005/2399 |
| Section 210(1), (2), (4) and (5) | 15.4.2005 | 2005/1112 |
| Section 211 | 15.4.2005 | 2005/1112 |
| Section 219 | 15.4.2005 | 2005/1112 |
| Section 220 (partially) | 15.4.2005 | 2005/1112 |
| Section 223 | 15.4.2005 | 2005/1112 |
| Section 226 | 15.4.2005 | 2005/1112 |
| Section 228 (partially) | 15.4.2005 | 2005/1112 |
| Section 231 | 15.4.2005 | 2005/1112 |
| Section 237(2) to (5) | 15.4.2005 | 2005/1112 |
| Section 239 | 15.4.2005 | 2005/1112 |
| Section 240 | 15.4.2005 | 2005/1112 |
| Section 241 | 15.4.2005 | 2005/1112 |
| Section 242 | 15.4.2005 | 2005/1112 |
| Section 243 | 15.4.2005 | 2005/1112 |
| Section 244 | 15.4.2005 | 2005/1112 |
| Section 245 (partially) | 15.4.2005 | 2005/1112 |
| Schedule 1 paragraph 5(3) (partially) | 15.4.2005 | 2005/1112 |
| Schedule 2 paragraph 15(2) and (3) | 15.4.2005 | 2005/1112 |
| Schedule 5 paragraphs 15(2), 19(2) and (3), 27(c), 28 and 29(2) and (3) (partially) | 15.4.2005 | 2005/1112 |
| Schedule 5 paragraph 46(2) (partially) | 15.4.2005 | 2005/1112 |
| Schedule 5 paragraph 46(3) | 15.4.2005 | 2005/1112 |
| Schedule 5 paragraph 57(3) and (4) (partially) | 15.4.2005 | 2005/1112 |
| Schedule 5 paragraph 80(3) (partially) | 15.4.2005 | 2005/1112 |
| Schedule 6 paragraphs 10 and 11(2) (partially) | 15.4.2005 | 2005/1112 |
| Schedule 7 paragraphs 2(3), 4(1), and 12(1) and (5) (partially) | 15.4.2005 | 2005/1112 |
| Schedule 7 paragraph 14(4) and (5) | 15.4.2005 | 2005/1112 |
| Schedule 13 paragraph 6 (partially) | 5.9.2005 | 2005/2399 |
| Schedule 15 paragraph 10(2) (partially) | 7.11.2005 | 2005/3058 |
| Schedule 15 paragraph 14(2), (3) and (4) (partially) | 7.11.2005 | 2005/3058 |
| Schedule 15, paragraphs 22(c), 23, and 24(2) and (3) (partially) | 7.11.2005 | 2005/3058 |
| Schedule 15 paragraph 41(2) (partially) | 5.9.2005 | 2005/2399 |
| Schedule 15 paragraph 41(3) | 5.9.2005 | 2005/2399 |
| Schedule 15 paragraph 50(3), (4) and (5) (partially) | 5.9.2005 | 2005/2399 |
| Schedule 15 paragraph 75(4) (partially) | 5.9.2005 | 2005/2399 |
| Schedule 16 paragraphs 10 and 11(2) (partially) | 5.9.2005 | 2005/2399 |
| Schedule 17 paragraphs 2(3), 4(1), and 12(1) and (5) (partially) | 5.9.2005 | 2005/2399 |
| Schedule 17 paragraphs 14(4), (5) and (6) | 5.9.2005 | 2005/2399 |
| 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) | 15.4.2005 | 2005/1112 |
| Schedule 26 paragraphs 4, 5, 8 and 17 (partially) | 15.4.2005 | 2005/1112 |
| Schedule 27 paragraph 12 | 15.4.2005 | 2005/1112 |
| Schedule 27 paragraph 14 (partially) | 15.4.2005 | 2005/1112 |
| Schedule 27 paragraph 21 (partially) | 15.4.2005 | 2005/1112 |
| Schedule 27 paragraph 70 (partially) | 15.4.2005 | 2005/1112 |
| Schedule 27 paragraph 137 | 15.4.2005 | 2005/1112 |
| Schedule 27 paragraph 140(3) (partially) | 15.4.2005 | 2005/1112 |
| Schedule 27 paragraph 162 (partially) | 15.4.2005 | 2005/1112 |
| Schedule 27 paragraph 163 | 15.4.2005 | 2005/1112 |
| Schedule 27 paragraph 172 | 15.4.2005 | 2005/1112 |
| Schedule 29 paragraph 94 (partially) | 5.9.2005 | 2005/2399 |