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The Civil Partnership (Family Proceedings and Housing Consequential Amendments) Order 2005
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- 2005 No. 3336
- Explanatory Note
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Explanatory Note
(This note is not part of the Order)
This Order amends the Matrimonial and Family Proceedings Act 1984 and the Family Law Act 1986 and the Housing Act 1996.
The amendments to the provisions in the Matrimonial and Family Proceedings Act 1984 and the Family Law Act 1986 (“the 1986 Act”) are to enable those provisions to apply equally to civil partnership proceedings in the same way that they apply to matrimonial proceedings.
The amendment to the Matrimonial and Family Proceedings Act 1984 is to ensure that transfer of family proceedings from a High Court can be made to a civil partnership proceedings county court.
Articles 5 to 7 for England and Wales and 11 to 14 for Northern Ireland allow the court to accept jurisdiction under the 1986 Act in a case where the question of making an order with respect to a child arises during the course of civil partnership proceedings.
Article 8 for England and Wales and article 15 for Northern Ireland prevents the court accepting jurisdiction under the 1986 Act based on the habitual residence of a child where civil partnership proceedings are taking place in another part of the United Kingdom.
Article 9 for England and Wales and article 16 for Northern Ireland restricts the courts power to vary a Part 1 (1986 Act) order where there are continuing civil partnership proceedings in another part of the United Kingdom.
Articles 10, 17 and 19 clarifies the interpretation of civil partnership proceedings for Part 1 of the 1986 Act for England and Wales and Northern Ireland.
Article 18 provides an exception to the rule of law, which prevents removal of a ward of court from the jurisdiction, where there are ongoing civil partnership proceedings in another part of the United Kingdom.
The amendment to the Housing Act 1996 is to enable a deceased tenant’s civil partner to succeed to an introductory tenancy in the same way as a deceased tenant’s spouse.
All these amendments are consequential amendments to the Civil Partnership Act 2004.
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