Part 6

Relationships arising through civil partnership

Provisions to which section 246 applies: Acts of Parliament etc.
247
1
Section 246 applies to—
a
any provision listed in Schedule 21 (references to stepchildren, in-laws etc. in existing Acts),
b
except in so far as otherwise provided, any provision made by a future Act, and
c
except in so far as otherwise provided, any provision made by future subordinate legislation.
2
A Minister of the Crown may by order—
a
amend Schedule 21 by adding to it any provision of an existing Act;
b
provide for section 246 to apply to prescribed provisions of existing subordinate legislation.
3
The power conferred by subsection (2) 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, if the order is made by virtue of subsection (2)(b) and deals with matters with respect to which functions are exercisable by the Assembly.
4
Subject to subsection (5), the power to make an order under subsection (2) is exercisable by statutory instrument.
5
Any power of a Northern Ireland department to make an order under subsection (2) is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).
6
A statutory instrument containing an order under subsection (2) made by a Minister of the Crown is subject to annulment in pursuance of a resolution of either House of Parliament.
7
A statutory instrument containing an order under subsection (2) made by the Scottish Ministers is subject to annulment in pursuance of a resolution of the Scottish Parliament.
8
A statutory rule containing an order under subsection (2) made by a Northern Ireland department is subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.))).
9
In this section—
- “Act” includes an Act of the Scottish Parliament;
- “existing Act” means an Act passed on or before the last day of the Session in which this Act is passed;
- “existing subordinate legislation” means subordinate legislation made before the day on which this section comes into force;
- “future Act” means an Act passed after the last day of the Session in which this Act is passed;
- “future subordinate legislation” means subordinate legislation made on or after the day on which this section comes into force;
- “Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975 (c. 26);
- “prescribed” means prescribed by the order;
- “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 an instrument made under an Act of the Scottish Parliament;
- “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.
S. 247 wholly in force at 5.12.2005; s. 247(2)-(7) in force at Royal Assent, see s. 263(7)(c); s. 247(8)(9) in force at 18.11.2004 by Royal Assent; s. 247(1) in force at 5.12.2005 by S.I. 2005/3175, art. 3, Sch. 2