Doc 3 - Ministerial Declaration on OSCE Assistance Projects in the Field of Small Arms and Light Weapons and Stockpiles of Conventional Ammunition
A civil partnership is a relationship between two people ... (“civil partners”)—
which is formed when they register as civil partners of each other—
in England or Wales (under Part 2),
in Scotland (under Part 3),
in Northern Ireland (under Part 4), or
outside the United Kingdom under an Order in Council made under Chapter 1 of Part 5 (registration at British consulates etc. or by armed forces personnel), or
which they are treated under Chapter 2 of Part 5 as having formed (at the time determined under that Chapter) by virtue of having registered an overseas relationship , or
which results from the conversion, under Part 3, 4 or 5 of the Marriage and Civil Partnership (Northern Ireland) (No. 2) Regulations 2020, of their marriage.
Subsection (1) is subject to the provisions of this Act under or by virtue of which a civil partnership is void.
A civil partnership ends only on death, dissolution or annulment , or
in the case of a civil partnership formed as mentioned in subsection (1)(a)(i) or (iv), on the conversion of the civil partnership into a marriage under section 9 of the Marriage (Same Sex Couples) Act 2013 , or
on its coming to an end in accordance with section 11(2)(a) of the Marriage and Civil Partnership (Scotland) Act 2014 (asp 5) (ending of civil partnership formed as mentioned in subsection (1)(a)(ii) or (iv) on its being changed to a marriage under section 10 of that Act, and ending of certain civil partnerships where the civil partners marry in accordance with the Marriage (Scotland) Act 1977) , or
in the case of a civil partnership formed as mentioned in subsection (1)(a)(iii) or (iv), on the conversion of the civil partnership into a marriage—
under Part 3 of the Marriage and Civil Partnership (Northern Ireland) (No. 2) Regulations 2020, or
under Part 3 or 4 of the Marriage of Same Sex Couples (Conversion of Civil Partnership) Regulations 2014.
The references in subsection (3) to dissolution and annulment are to dissolution and annulment having effect under or recognised in accordance with this Act.
Subsection (3) is subject to section 11(2)(a) of the Marriage and Civil Partnership (Scotland) Act 2014 (ending of certain civil partnerships on marriage under Scots law).
References in this Act to an overseas relationship are to be read in accordance with Chapter 2 of Part 5.
For the purposes of section 1, two people are to be regarded as having registered as civil partners of each other once each of them has signed the civil partnership document—
at the invitation of, and in the presence of, a civil partnership registrar, and
in the presence of each other and two witnesses.
Subsection (1) applies regardless of whether subsections (3) and (4) are complied with.
After the civil partnership document has been signed under subsection (1), it must also be signed, in the presence of the civil partners and each other, by—
each of the two witnesses, and
the civil partnership registrar.
After the witnesses and the civil partnership registrar have signed the civil partnership document, the relevant registration authority must ensure that— is recorded in the register as soon as is practicable.
the fact that the two people have registered as civil partners of each other, and
any other information prescribed by regulations,
No religious service is to be used while the civil partnership registrar is officiating at the signing of a civil partnership document.
“The civil partnership document” has the meaning given by section 7(1).
“The relevant registration authority” means the registration authority in whose area the registration takes place.
Two people are not eligible to register as civil partners of each other if—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
either of them is already a civil partner or lawfully married,
either of them is under 18, ...
they are within prohibited degrees of relationship , or
either of them is serving a life sentence in a prison or other place of detention and is subject to a whole life order.
Part 1 of Schedule 1 contains provisions for determining when two people are within prohibited degrees of relationship.
But two people are not ineligible to register as civil partners of each other by reason of either of them falling within paragraph (e) of subsection (1) if each of them falling within that paragraph has permission from the Secretary of State to register as a civil partner of the other.
The Secretary of State may not give permission under subsection (1A) unless satisfied that exceptional circumstances exist which justify the permission being given.
In this section—
A person is to be treated for the purposes of this section as being subject to a whole life order if—
the person is serving a life sentence passed before 18 December 2003,
the sentence was passed in circumstances where the sentence was fixed by law,
before 18 December 2003 the person was notified in writing by the Secretary of State (otherwise than in a notice expressed to be provisional) that the Secretary of State does not intend that the person should ever be released on licence, and
an order has not been made in relation to the sentence under paragraph 3(1)(a) of Schedule 22 to the Criminal Justice Act 2003 (mandatory life sentences: transitional cases).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The consent of the appropriate persons is required before a child and another person may register as civil partners of each other.
Part 1 of Schedule 2 contains provisions for determining who are the appropriate persons for the purposes of this section.
The requirement of consent under subsection (1) does not apply if the child is a surviving civil partner.
Nothing in this section affects any need to obtain the consent of the High Court before a ward of court and another person may register as civil partners of each other.
In this Part “child”, except where used to express a relationship, means a person who is under 18.
Two people may register as civil partners of each other under—
the standard procedure;
the procedure for house-bound persons;
the procedure for detained persons;
the special procedure (which is for cases where a person is seriously ill and not expected to recover).
The procedures referred to in subsection (1)(a) to (c) are subject to—
section 20 (modified procedures for certain non-residents);
Schedule 3 (former spouses one of whom has changed sex).
The procedures referred to in subsection (1) (including the procedures as modified by section 20 and Schedule 3) are subject to—
Part 2 of Schedule 1 (provisions applicable in connection with prohibited degrees of relationship), ...
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
This section is also subject to section 249 and Schedule 23 (immigration control and formation of civil partnerships).
The place at which two people may register as civil partners of each other—
must be in England or Wales,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
must be specified in the notices, or notice, of proposed civil partnership required by this Chapter.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
are used solely or mainly for religious purposes, or
have been so used and have not subsequently been used solely or mainly for other purposes.
Subsections (3A) and (3B) apply in the case of registration under the standard procedure (including that procedure modified as mentioned in section 5).
must be one which is open to any person wishing to attend the registration, and
before being specified in a notice of proposed civil partnership, must be agreed with the registration authority in whose area that place is located.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The place must be—
on approved premises, or
in a register office.
If it is in a register office, the place must be open to any person wishing to attend the registration.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In this Chapter “register office” means a register office provided under section 10 of the Registration Service Act 1953.
Where, further to regulations under section 6A of this Act or section 2 of the Civil Partnerships, Marriages and Deaths (Registration etc) Act 2019, an approval of premises for the purposes of subsection (3A)(a) has effect— the premises are “approved premises”, for the purposes of this Part, only in relation to civil partnerships of that sort.
only in relation to civil partnerships formed by two people of the same sex, or
only in relation to civil partnerships formed by two people of the opposite sex,
In this Part “the civil partnership document” means—
in relation to the special procedure, a Registrar General’s licence, and
in relation to any other procedure, a civil partnership schedule.
Before two people are entitled to register as civil partners of each other—
the civil partnership document must be delivered to the civil partnership registrar, and
the civil partnership registrar may then ask them for any information required (under section 2(4)) to be recorded in the register.
The Secretary of State may by regulations make provision for and in connection with the approval by registration authorities of premises for the purposes of section 6(3A)(a).
The matters dealt with by regulations may include—
the kind of premises in respect of which approvals may be granted;
the procedure to be followed in relation to applications for approval;
the considerations to be taken into account by a registration authority in determining whether to approve any premises;
the duration and renewal of approvals;
the conditions that must or may be imposed by a registration authority on granting or renewing an approval;
the determination and charging by registration authorities of fees in respect of applications for the approval of premises and in respect of the renewal of approvals;
the circumstances in which a registration authority must or may revoke an approval;
the review of any decision to refuse an approval or the renewal of an approval, to impose conditions on granting or renewing an approval or to revoke an approval;
the notification to the Registrar General of all approvals granted, renewed or revoked;
the keeping by registration authorities of registers of approved premises;
the issue by the Registrar General of guidance supplementing the provision made by the regulations.
Regulations under this section may provide that premises approved for the registration of civil partnerships may differ from those premises approved for the registration of civil marriages.
Provision by virtue of subsection (2)(b) may, in particular, provide that applications for approval of premises may only be made with the consent (whether general or specific) of a person specified, or a person of a description specified, in the provision.
The power conferred by section 258(2), in its application to the power conferred by this section, includes in particular—
power to make provision in relation to religious premises that differs from provision in relation to other premises;
power to make different provision for different kinds of religious premises.
Without prejudice to the width of subsection (2)(e), the Secretary of State must exercise his power to provide for the imposition of conditions as mentioned there so as to secure that members of the public are permitted to attend when two people sign the civil partnership schedule on approved premises in accordance with section 6(3A)(a).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“Civil marriage” means marriage solemnised otherwise than according to the rites of the Church of England or any other religious usages.
“Religious premises” means premises which—
are used solely or mainly for religious purposes, or
have been so used and have not subsequently been used solely or mainly for other purposes.
For two people to register as civil partners of each other under the standard procedure a notice of proposed civil partnership must be given—
if the proposed civil partners have resided in the area of the same registration authority for the period of 7 days immediately before the giving of the notice, by each of them to that registration authority;
if the proposed civil partners have not resided in the area of the same registration authority for that period, by each of them to the registration authority in whose area he or she has resided for that period.
A notice of proposed civil partnership must contain such information as may be prescribed by regulations.
A notice of proposed civil partnership must also include the necessary declaration, made and signed by the person giving the notice— and the authorised person must attest the declaration by adding his name, description and place of residence.
at the time when the notice is given, and
in the presence of an authorised person;
The necessary declaration is a solemn declaration in writing—
that the proposed civil partner believes that there is no impediment of kindred or affinity or other lawful hindrance to the formation of the civil partnership;
that the proposed civil partners have for the period of 7 days immediately before the giving of the notice had their usual places of residence in the area of the registration authority, or in the areas of the registration authorities, to which notice is given.
that the proposed civil partner believes all of the information stated in the notice, and all information and evidence supplied with the notice, is true.
Where a notice of proposed civil partnership is given to a registration authority in accordance with this section, the registration authority must ensure that the following information is recorded in the register as soon as possible—
the fact that the notice has been given and the information in it;
the fact that the authorised person has attested the declaration.
“Authorised person” means an employee or officer or other person provided by a registration authority who is authorised by that authority to attest notices of proposed civil partnership.
Subsection (5) is subject to section 9F.
For the purposes of this Chapter, a notice of proposed civil partnership is recorded when subsection (5) is complied with.
The registration authority to which a notice of proposed civil partnership is given may require the person giving the notice to provide it with specified evidence—
relating to that person, or
if the registration authority considers that the circumstances are exceptional, relating not only to that person but also to that person’s proposed civil partner.
A notice of proposed civil partnership under section 8 must, in relation to each of the parties to the civil partnership, be accompanied by specified evidence of the following matters—
the person's name and surname;
the person's date of birth;
the person's place of residence;
the person's nationality.
If a party to the proposed civil partnership is a relevant national within the meaning of section 30A(ab) the notice of proposed civil partnership under section 8 must also be accompanied—
where the party falls within section 30A(ab)(i), by an electronic certificate which confirms that the leave referred to in that provision has been granted; or
where the party falls within section 30A(ab)(ii)—
by a certificate of application which confirms that the application referred to in regulation 4 of the Citizens' Rights (Application Deadline and Temporary Protection) (EU Exit) Regulations 2020 has been made; and
by evidence that the relevant period referred to in regulation 4 of those Regulations has not expired.
Such a requirement may be imposed at any time before the registration authority issues the civil partnership schedule under section 14.
“Specified evidence”, in relation to a person, means such evidence as may be specified in guidance issued by the Registrar General—
of the person’s name and surname,
of the person’s age,
as to whether the person has previously formed a civil partnership or a marriage and, if so, as to the ending of the civil partnership or marriage,
of the person’s nationality, and
as to the person’s residence in England or Wales during the period of 7 days preceding the giving of a notice of proposed civil partnership by that person.
A person giving a notice of proposed civil partnership under section 8 must provide the registration authority to which the notice is given with specified evidence—
as to whether the person has previously formed a civil partnership or been married; and
if so, as to the ending of the civil partnership or marriage.
In this section “specified evidence” means evidence that is in accordance with regulations made under section 9E.
This section applies to notice of proposed civil partnership given to a registration authority in accordance with section 8 if one, or each, of the parties to the proposed civil partnership is not a relevant national.
But this section does not apply if Schedule 3 applies to the proposed civil partnership.
For each party to the proposed civil partnership who is not a relevant national, the notice must include whichever of statements A, B or C is applicable to that person.
Statement A is a statement that the person has the appropriate immigration status.
Statement B is a statement that the person holds a relevant visa in respect of the proposed civil partnership.
Statement C is a statement that the person neither—
has the appropriate immigration status, nor
holds a relevant visa in respect of the proposed civil partnership.
If the notice contains the statement referred to in the first column of an entry in this table, the notice must be accompanied by the information and photographs referred to in the second column of that entry (insofar as that entry is applicable to the parties to the proposed civil partnership)— If the notice includes this statement... ...the notice must be accompanied by... Statement A (in respect of one or both of the parties to the proposed civil partnership) For each party in respect of whom statement A is made, details of the particular immigration status which that party has Statement B (in respect of one or both of the parties to the proposed civil partnership) Statement C (in respect of one or both of the parties to the proposed civil partnership)
If the notice contains more than one of statements A, B and C, subsection (7) must be complied with in relation to each of those statements; but where the notice contains statements B and C, subsection (7) does not require the notice to be accompanied by more than one specified photograph of each party.
If the notice includes statement C for a party to the proposed civil partnership—
the notice may be accompanied by a statement (“statement D”) of that person's immigration position in the United Kingdom;
if the notice is accompanied by statement D for a party to the proposed civil partnership, the person may provide the registration authority with details of his or her immigration position in the United Kingdom; and
if any such details are provided, the registration authority must record them.
In this section—
a reference— has the same meaning as in section 49 of the Immigration Act 2014;
to a person having the appropriate immigration status, or
to a person holding a relevant visa,
a reference to the particular immigration status which a person has is a reference to the immigration status set out in any of paragraphs (a) to (c) of section 49(2) of that Act which the person has;
a reference to a person's immigration position in the United Kingdom includes a reference to the person's not being entitled to be in the United Kingdom.
In this section “specified photograph” means a photograph that is in accordance with regulations made under section 9E (and for this purpose “photograph” includes other kinds of images).
Where a notice of proposed civil partnership has been given to a registration authority, the registration authority must keep the relevant information on public display during the waiting period.
by that registration authority,
by any registration authority in whose area the person giving the notice has resided during the period of 7 days preceding the giving of the notice,
by any registration authority in whose area the proposed civil partner of the person giving the notice has resided during the period of 7 days preceding the giving of that notice,
by the registration authority in whose area the place specified in the notice as the place of proposed registration is located, and
by the Registrar General.
“The relevant information” means—
the name of the person giving the notice,
the name of that person’s proposed civil partner, and
such other information included in the notice of proposed civil partnership as may be prescribed by regulations.
All information that a registration authority is required for the time being to keep on public display under subsection (1) must be kept on display by it at one register office provided for a district within its area.
In this Chapter “the waiting period”, in relation to a notice of proposed civil partnership, means the period—
beginning the day after the notice is recorded, and
subject to section 12, ending at the end of the period of 28 days beginning with that day.
This section applies to notice of proposed civil partnership given to a registration authority in accordance with section 8 if one, or each, of the parties to the proposed civil partnership is not a relevant national.
If the notice includes statement A (referred to in section 8A(4)), and accordingly is accompanied by details of the particular immigration status which a party to the proposed civil partnership has, the notice must be accompanied by specified evidence of that status.
If the notice includes statement B (referred to in section 8A(5)), the notice must be accompanied by specified evidence of the holding of the relevant visa by the party to the proposed civil partnership.
If, in accordance with section 8A(7), the notice is accompanied by the usual address of a party to the proposed civil partnership, the notice must also be accompanied by specified evidence that it is that party's usual address.
If the notice includes statement D (referred to in section 8A(9)), the notice may be accompanied by evidence of the person's immigration position in the United Kingdom.
If subsection (2) or (3) applies to the notice, and the notice is not accompanied by the specified evidence required by that subsection, the notice must be accompanied by—
photographs and addresses of the kinds referred to in paragraphs 1 and 2 in the relevant entry in section 8A(7);
as respects the usual address of each party that is provided in accordance with paragraph (a), specified evidence that the address provided is that party's usual address; and
addresses, names and aliases of the kinds referred to in paragraphs 3 to 5 in the relevant entry in section 8A(7) (insofar as those paragraphs are applicable to the parties to the proposed civil partnership).
In this section—
The Secretary of State may, by regulations, make provision about the giving to the Secretary of State of—
notice of a person's usual address, if the person's notified usual address changes;
notice of a UK contact address, if the person's notified usual address is not in the United Kingdom;
notice of a person's UK contact address, if the person's notified UK contact address changes;
evidence of any address notified in accordance with regulations under paragraph (a), (b) or (c).
The provision that may be made in regulations under this section includes—
provision imposing a requirement on a person;
provision about the rejection of information or evidence which there are reasonable grounds to suspect to be false.
Regulations under subsection (1)(d) may, in particular, make any provision of the kind that may be made under section 9E(3).
In this section—
If the Registrar General, on an application being made to him, is satisfied that there are compelling reasons because of the exceptional circumstances of the case for shortening the period of 28 days mentioned in section 11(b), he may shorten it to such period as he considers appropriate.
Regulations may make provision with respect to the making, and granting, of applications under subsection (1).
Regulations under subsection (2) may provide for—
the power conferred by subsection (1) to be exercised by a registration authority on behalf of the Registrar General in such classes of case as are prescribed by the regulations;
the making of an appeal to the Registrar General against a decision taken by a registration authority in accordance with regulations made by virtue of paragraph (a).
If a proposed civil partnership is referred to the Secretary of State under section 12A—
any application under subsection (1) is to be made to the Secretary of State; and
the power conferred by subsection (1) is exercisable by the Secretary of State.
If the Secretary of State grants an application made under subsection (1), the Secretary of State must give notice of the grant of the application to—
the applicant,
the registration authority to which notice of the proposed civil partnership was given, and
if different, the registration authority responsible for issuing the civil partnership schedule under section 14(1) in relation to the proposed civil partnership.
Regulations under subsection (2) do not apply to applications made to the Secretary of State in accordance with subsection (4).
The Secretary of State may by regulations make provision with respect to the making, and granting, of applications made in accordance with subsection (4).
The Secretary of State must consult the Registrar General before making regulations under subsection (7).
Any person may object to the issue of a civil partnership schedule under section 14 by giving any registration authority notice of his objection.
A notice of objection must—
state the objector’s place of residence and the ground of objection, and
be signed by or on behalf of the objector.
If a notice of objection is given to a registration authority, it must ensure that the fact that it has been given and the information in it are recorded in the register as soon as possible.
A registration authority may reject— if (in particular) the registration authority has reasonable grounds for suspecting that the information, photograph or evidence is false.
any information or photograph provided under section 8, 8A or 9A, or
any evidence provided under section 9 or 9A,
If the registration authority rejects any information, photograph or evidence, the registration authority may proceed under this Act as if the rejected information, photograph or evidence had not been provided.
This section does not limit the powers of registration authorities to reject anything provided under any other enactment.
The Secretary of State may by order—
amend section 8A or 9A so as to vary the information that must or may be given in cases where that section applies;
amend section 9 or 9A so as to vary the matters in respect of which specified evidence must or may be given in cases where that section applies;
make such provision (including provision amending section 9B or 9E or any other enactment) as the Secretary of State considers appropriate in consequence of provision made under paragraph (a) or (b).
The Secretary of State must consult the Registrar General before making an order under this section.
As soon as the waiting period in relation to each notice of proposed civil partnership has expired, the registration authority in whose area it is proposed that the registration take place is under a duty, at the request of one or both of the proposed civil partners, to issue a document to be known as a “civil partnership schedule”.
Regulations may make provision as to the contents of a civil partnership schedule.
The duty in subsection (1) does not apply if the registration authority is not satisfied that there is no lawful impediment to the formation of the civil partnership.
If an objection to the issue of the civil partnership schedule has been recorded in the register, no civil partnership schedule is to be issued until—
the relevant registration authority has investigated the objection and is satisfied that the objection ought not to obstruct the issue of the civil partnership schedule, or
the objection has been withdrawn by the person who made it.
“The relevant registration authority” means the authority which first records that a notice of proposed civil partnership has been given by one of the proposed civil partners.
This section has effect subject to section 14A.
If the registration authority refuses to issue a civil partnership schedule— either of the proposed civil partners may appeal to the Registrar General.
because an objection to its issue has been made under section 13, or
in reliance on section 14(3) or 14A,
On an appeal under this section the Registrar General must either confirm the refusal or direct that a civil partnership schedule be issued.
In a case where— section 14A(2) is of no effect — and is to be taken to have never had any effect — in relation to the parties' giving of notice under section 8.
in reliance on section 14A, a registration authority refuses to issue a civil partnership schedule, and
on an appeal against the refusal, the Registrar General directs that a civil partnership schedule be issued,
The Registrar General may make regulations about the evidence that is required to be given for the purposes of section 9.
The Secretary of State may make regulations about the evidence that is required to be given for the purposes of section 9A.
Regulations under this section may, in particular, make provision about—
the kind of evidence which is to be supplied;
the form in which evidence is to be supplied;
the manner in which evidence is to be supplied;
the period within which evidence is to be supplied;
the supply of further evidence;
the sufficiency of evidence supplied;
the consequences of failing to supply sufficient evidence in accordance with the regulations (including provision to secure that, in such a case, a particular decision is made or is to be treated as having been made);
the retention or copying of evidence supplied.
In this section “evidence” includes a photograph or other image.
The Registrar General must obtain the approval of the Secretary of State before making regulations under this section.
The Secretary of State must consult the Registrar General before making regulations under this section.
The registration authority must not enter in the register the information relating to a proposed civil partnership mentioned in section 8(5) in a case where any of the requirements imposed by or under any of the following provisions of this Act is applicable but is not complied with— section 8A(3) to (7); section 8A(8); section 9(1); section 9A(4) or (6); section 18(3); section 19(3); section 19(5A); paragraph 5(1) of Schedule 1; paragraph 4 of Schedule 23.
Subsection (3) applies if—
a person objects to the issue of a civil partnership schedule, but
the Registrar General declares that the grounds on which the objection is made are frivolous and ought not to obstruct the issue of the civil partnership schedule.
Subsection (3) also applies if—
in reliance on section 14(3), the registration authority refuses to issue a civil partnership schedule as a result of a representation made to it, and
on an appeal under section 15 against the refusal, the Registrar General declares that the representation is frivolous and ought not to obstruct the issue of the civil partnership schedule.
The person who made the objection or representation is liable for—
the costs of the proceedings before the Registrar General, and
damages recoverable by the proposed civil partner to whom the objection or representation relates.
For the purpose of enabling any person to recover any costs and damages in accordance with subsection (3) or (3A), a copy of a declaration of the Registrar General purporting to be sealed with the seal of the General Register Office is evidence that the Registrar General has made the declaration.
If— the person making the appeal is liable for the costs of the proceedings before the Registrar General.
in reliance on section 14A, a registration authority refuses to issue a civil partnership schedule, and
on an appeal against the refusal, the Registrar General declares that the appeal is frivolous,
The proposed civil partners may not register as civil partners of each other on the production of the civil partnership schedule until the waiting period in relation to each notice of proposed civil partnership has expired.
Subject to subsection (1), under the standard procedure, they may register as civil partners by signing the civil partnership schedule at any time during the applicable period ....
If they do not register as civil partners by signing the civil partnership schedule before the end of the applicable period—
the notices of proposed civil partnership and the civil partnership schedule are void, and
no civil partnership registrar may officiate at the signing of the civil partnership schedule by them.
The applicable period, in relation to two people registering as civil partners of each other, is the period of 12 months beginning with—
the day on which the notices of proposed civil partnership are recorded, or
if the notices are not recorded on the same day, the earlier of those days.
On every occasion when notice of proposed civil partnership is given under section 8, the registration authority must decide whether or not each of the parties to the proposed civil partnership is an exempt person.
But this section does not apply if Schedule 3 applies to the proposed civil partnership.
In making a decision under subsection (1) about a party to a proposed civil partnership, a registration authority may rely on any advice given in relation to that decision by the Secretary of State.
In a case where— the registration authority must decide that that party to the proposed civil partnership is not an exempt person.
section 8A applies to the notice of proposed civil partnership, and
specified evidence required by section 9A(2) or (3) in relation to a party to the proposed civil partnership is not produced in accordance with that section,
If the registration authority decides that either of the parties is not an exempt person, or that both of the parties are not exempt persons, the registration authority must—
refer the proposed civil partnership to the Secretary of State;
notify the parties to the proposed civil partnership that the proposed civil partnership must be referred to the Secretary of State;
give the parties to the proposed civil partnership prescribed information about—
the effects of the referral;
the requirement under regulations under section 9B to notify the Secretary of State of changes of address.
The registration authority must act in accordance with regulations when complying with the duty in subsection (5)(a) to refer a proposed civil partnership to the Secretary of State.
Regulations may, in particular, make provision about—
the form, manner or timing of the referral of a proposed civil partnership;
information, photographs or evidence — or copies of any of those things — to be included with the referral of a proposed civil partnership.
If the registration authority refers the proposed civil partnership to the Secretary of State, this Act has effect in relation to the proposed civil partnership subject to the modifications in Schedule 3A.
In this section—
a reference to a person being an exempt person has the same meaning as in section 49 of the Immigration Act 2014;
“prescribed information” means information prescribed in regulations;
“regulations” means regulations made by the Secretary of State after consulting the Registrar General.
A registration authority may refuse to issue a civil partnership schedule under section 14(1) in a case where—
notice of a proposed civil partnership has been given under section 8, and
a registration authority has reasonable grounds for suspecting that a relevant decision was made incorrectly because of the provision of false information or evidence.
If a registration authority refuses to issue the schedule, the parties to the proposed civil partnership are to be taken not to have given notice under section 8; but that does not prevent criminal proceedings from being brought against either party, or any other person, in relation to the giving of the notice.
This section does not limit the powers of registration authorities to refuse to issue civil partnership schedules.
In this section—
This section applies if two people wish to register as civil partners of each other at the place where one of them is house-bound.
A person is house-bound at any place if, in relation to that person, a statement is made by a registered medical practitioner that, in his opinion—
because of illness or disability, that person ought not to move or be moved from the place where he is at the time when the statement is made, and
it is likely to be the case for at least the following 3 months that because of the illness or disability that person ought not to move or be moved from that place.
The procedure under which the two people concerned may register as civil partners of each other is the same as the standard procedure, except that—
each notice of proposed civil partnership must be accompanied by a statement under subsection (2) (“a medical statement”), which must have been made not more than 14 days before the day on which the notice is recorded,
the fact that the registration authority to whom the notice is given has received the medical statement must be recorded in the register, and
the applicable period (for the purposes of section 17) is the period of 3 months beginning with—
the day on which the notices of proposed civil partnership are recorded, or
if the notices are not recorded on the same day, the earlier of those days.
A medical statement must contain such information and must be made in such manner as may be prescribed by regulations.
A medical statement may not be made in relation to a person who is detained as described in section 19(2).
For the purposes of this Chapter, a person in relation to whom a medical statement is made is to be treated, if he would not otherwise be so treated, as resident and usually resident at the place where he is for the time being.
This section applies if two people wish to register as civil partners of each other at the place where one of them is detained.
“Detained” means detained—
as a patient in a hospital (but otherwise than by virtue of section 2, 4, 5, 35, 36 or 136 of the Mental Health Act 1983 (c. 20) (short term detentions)), or
in a prison or other place to which the Prison Act 1952 (c. 52) applies.
The procedure under which the two people concerned may register as civil partners of each other is the same as the standard procedure, except that—
each notice of proposed civil partnership must be accompanied by a supporting statement, which must have been made not more than 21 days before the day on which the notice is recorded,
the fact that the registration authority to whom the notice is given has received the supporting statement must be recorded in the register, and
the applicable period (for the purposes of section 17) is the period of 3 months beginning with—
the day on which the notices of proposed civil partnership are recorded, or
if the notices are not recorded on the same day, the earlier of those days.
A supporting statement, in relation to a detained person, is a statement made by the responsible authority which—
identifies the establishment where the person is detained, ...
states that the responsible authority has no objection to that establishment being specified in a notice of proposed civil partnership as the place at which the person is to register as a civil partner , and
states whether the person is serving a life sentence and, if so, whether the person is subject to a whole life order.
A supporting statement must contain such information and must be made in such manner as may be prescribed by regulations.
“The responsible authority” means—
if the person is detained in a hospital, the hospital’s managers;
if the person is detained in a prison or other place to which the 1952 Act applies, the governor or other officer for the time being in charge of that prison or other place.
Where the detained person is serving a life sentence and is subject to a whole life order, each notice of proposed civil partnership must also be accompanied by a statement made by the Secretary of State not more than 21 days before the day on which the notice is recorded stating that the detained person has the permission required by section 3(1A).
The fact that the registration authority to whom a notice of proposed civil partnership is given has received a statement under subsection (5A) must be recorded in the register.
“Patient” and “hospital” have the same meaning as in Part 2 of the 1983 Act and “managers”, in relation to a hospital, has the same meaning as in section 145(1) of the 1983 Act.
For the purposes of this Chapter, a detained person is to be treated, if he would not otherwise be so treated, as resident and usually resident at the place where he is for the time being.
“Life sentence” and “whole life order” have the meanings given by section 3(3) of this Act and section 3(4) (persons treated as being subject to a whole life order) applies for the purposes of this section.
Subsection (5) applies in the following two cases.
The first is where—
two people wish to register as civil partners of each other in England and Wales, and
one of them (“A”) resides in Scotland and the other (“B”) resides in England or Wales.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
two people wish to register as civil partners of each other in England and Wales, and
one of them (“A”) resides in Northern Ireland and the other (“B”) resides in England or Wales.
The second is where—
two people wish to register as civil partners of each other in England and Wales, and
one of them (“A”) is an officer, seaman or marine borne on the books of one of Her Majesty's ships at sea. and the other (“B”) resides in England or Wales.
For the purposes of the standard procedure, the procedure for house-bound persons and the procedure for detained persons—
A is not required to give a notice of proposed civil partnership under this Chapter;
B may make the necessary declaration without reference to A's usual place of residence for any period;
the waiting period is calculated by reference to the day on which B’s notice is recorded;
the civil partnership schedule is not to be issued by a registration authority unless A or B produces to that registration authority a certificate of no impediment issued to A under the relevant provision;
the applicable period is calculated by reference to the day on which B’s notice is recorded and, where the standard procedure is used in the first case, is the period of 3 months beginning with that day;
section 31 applies as if in subsections (1)(a) and (2)(c) for “each notice” there were substituted “ B’s notice ”.
“The relevant provision” means—
if A resides in Scotland, section 97;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
if A is an officer, seaman or marine borne on the books of one of Her Majesty's ships at sea, section 239.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
For two people to register as civil partners of each other under the special procedure, one of them must—
give a notice of proposed civil partnership to the registration authority for the area in which it is proposed that the registration take place, and
comply with any requirement made under section 22.
The notice must contain such information as may be prescribed by regulations.
Subsections (3) to (6) of section 8 (necessary declaration etc.), apart from paragraph (b) of subsection (4), apply for the purposes of this section as they apply for the purposes of that section.
The person giving a notice of proposed civil partnership to a registration authority under the special procedure must produce to the authority such evidence as the Registrar General may require to satisfy him—
that there is no lawful impediment to the formation of the civil partnership,
that the conditions in subsection (2) are met, and
that there is sufficient reason why a licence should be granted.
The conditions are that one of the proposed civil partners—
is seriously ill and not expected to recover,
cannot be moved to a place where they could be registered as civil partners of each other under the standard procedure, and
understands the nature and purport of signing a Registrar General's licence.
The certificate of a registered medical practitioner is sufficient evidence of any or all of the matters referred to in subsection (2).
On receiving a notice of proposed civil partnership under section 21 and any evidence under section 22, the registration authority must—
inform the Registrar General, and
comply with any directions the Registrar General may give for verifying the evidence given.
Any person may object to the Registrar General giving authority for the issue of his licence by giving the Registrar General or any registration authority notice of his objection.
A notice of objection must—
state the objector’s place of residence and the ground of objection, and
be signed by or on behalf of the objector.
If a notice of objection is given to a registration authority, it must ensure that the fact that it has been given and the information in it are recorded in the register as soon as possible.
This section applies where a notice of proposed civil partnership is given to a registration authority under section 21.
The registration authority may issue a Registrar General’s licence if, and only if, given authority to do so by the Registrar General.
The Registrar General—
may not give his authority unless he is satisfied that one of the proposed civil partners is seriously ill and not expected to recover, but
if so satisfied, must give his authority unless a lawful impediment to the issue of his licence has been shown to his satisfaction to exist.
A licence under this section must state that it is issued on the authority of the Registrar General.
Regulations may (subject to subsection (4)) make provision as to the contents of a licence under this section.
If an objection has been made to the Registrar General giving authority for the issue of his licence, he is not to give that authority until—
he has investigated the objection and decided whether it ought to obstruct the issue of his licence, or
the objection has been withdrawn by the person who made it.
Any decision of the Registrar General under subsection (6)(a) is final.
This section applies if—
a person objects to the Registrar General giving authority for the issue of his licence, but
the Registrar General declares that the grounds on which the objection is made are frivolous and ought not to obstruct the issue of his licence.
The person who made the objection is liable for—
the costs of the proceedings before the Registrar General, and
damages recoverable by the proposed civil partner to whom the objection relates.
For the purpose of enabling any person to recover any such costs and damages, a copy of a declaration of the Registrar General purporting to be sealed with the seal of the General Register Office is evidence that the Registrar General has made the declaration.
If a Registrar General’s licence has been issued under section 25, the proposed civil partners may register as civil partners by signing it at any time within 1 month from the day on which the notice of proposed civil partnership was given.
If they do not register as civil partners by signing the licence within the 1 month period—
the notice of proposed civil partnership and the licence are void, and
no civil partnership registrar may officiate at the signing of the licence by them.
In this Chapter “registration authority” means—
in relation to England, a county council, the council of any district comprised in an area for which there is no county council, a London borough council, the Common Council of the City of London or the Council of the Isles of Scilly;
in relation to Wales, a county council or a county borough council.
A civil partnership registrar is an individual who is designated by a registration authority as a civil partnership registrar for its area.
It is the duty of each registration authority to ensure that there is a sufficient number of civil partnership registrars for its area to carry out in that area the functions of civil partnership registrars.
Each registration authority must inform the Registrar General as soon as is practicable—
of any designation it has made of a person as a civil partnership registrar, and
of the ending of any such designation.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
of civil partnership registrars, and
of the registration authorities for which they are designated to act.
In this Chapter “the Registrar General” means the Registrar General for England and Wales.
The Registrar General must provide a system for keeping any records that relate to civil partnerships and are required by this Chapter to be made.
The system may, in particular, enable those records to be kept together with other records kept by the Registrar General.
In this Chapter “the register” means the system for keeping records provided under subsection (2).
A person commits an offence if he issues a civil partnership schedule knowing that he does so—
before the waiting period in relation to each notice of proposed civil partnership has expired, or
after the end of the applicable period, ...
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
A person commits an offence if, in his actual or purported capacity as a civil partnership registrar, he officiates at the signing of a civil partnership schedule by proposed civil partners knowing that he does so—
at a place other than the place specified in the notices of proposed civil partnership and the civil partnership schedule,
in the absence of a civil partnership registrar,
on premises that are not approved premises although the signing is purportedly in accordance with section 6(3A)(a),
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
before the waiting period in relation to each notice of proposed civil partnership has expired, or
even though the civil partnership is void under section 49(b) ....
A person guilty of an offence under subsection (1) or (2)(a), (aa), (b), (c) or (d) is liable on conviction on indictment to imprisonment for a term not exceeding 5 years or to a fine (or both).
A prosecution under this section may not be commenced more than 3 years after the commission of the offence.
A person guilty of an offence under subsection (2)(ab) is liable on conviction on indictment to imprisonment for a term not exceeding 14 years or to a fine or both.
A protected person may not be compelled by any means (including by the enforcement of a contract or a statutory or other legal requirement) to— where the person does not wish to do things of that sort in relation to civil partnerships generally, or those between two people of the same sex, or those between two people of the opposite sex.
seek or consent to the approval of religious premises for the purposes of section 6(3A)(a),
allow religious premises to be used as the place at which two people register as civil partners of each other under this Part, or
provide, arrange, facilitate, participate in, or be present at—
an occasion during which two people register as civil partners of each other on religious premises under this Part, or
a ceremony or event in England or Wales to mark the formation of a civil partnership,
In this section—
In this Chapter “relevant national” means—
a British citizen,
an Irish citizen, or
a person who is not an Irish citizen and who—
has leave to enter or remain in the United Kingdom which was granted by virtue of residence scheme immigration rules within the meaning given by section 17 of the European Union (Withdrawal Agreement) Act 2020, or
is an applicant for the purposes of regulation 4 of the Citizens' Rights (Application Deadline and Temporary Protection) (EU Exit) Regulations 2020 (applications which have not been finally determined by the deadline) where the relevant period within the meaning of that regulation has not expired.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
A person commits an offence if—
he gives information by way of evidence in response to a requirement under section 22(1), knowing that the information is false;
he gives a certificate as provided for by section 22(3), knowing that the certificate is false.
A person commits an offence if, in his actual or purported capacity as a civil partnership registrar, he officiates at the signing of a Registrar General’s licence by proposed civil partners knowing that he does so—
at a place other than the place specified in the licence,
in the absence of a civil partnership registrar,
after the end of 1 month from the day on which the notice of proposed civil partnership was given, or
even though the civil partnership is void under section 49(b) ....
A person guilty of an offence under subsection (1) or (2) is liable—
on conviction on indictment, to imprisonment not exceeding 3 years or to a fine (or both);
on summary conviction, to a fine not exceeding the statutory maximum.
A prosecution under this section may not be commenced more than 3 years after the commission of the offence.
A civil partnership registrar commits an offence if he refuses or fails to comply with the provisions of this Chapter or of any regulations made under section 36.
A civil partnership registrar guilty of an offence under subsection (1) is liable— and on conviction shall cease to be a civil partnership registrar.
on conviction on indictment, to imprisonment for a term not exceeding 2 years or to a fine (or both);
on summary conviction, to a fine not exceeding the statutory maximum;
A person commits an offence if—
under arrangements made by a registration authority for the purposes of section 2(4), he is under a duty to record information required to be recorded under section 2(4), but
he refuses or without reasonable cause omits to do so.
A person guilty of an offence under subsection (3) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
A person commits an offence if he records in the register information relating to the formation of a civil partnership by the signing of a civil partnership schedule, knowing that the civil partnership is void under section 49(b) ....
A person guilty of an offence under subsection (5) is liable on conviction on indictment, to imprisonment for a term not exceeding 5 years or to a fine (or both).
A person commits an offence if he records in the register information relating to the formation of a civil partnership by the signing of a Registrar General’s licence, knowing that the civil partnership is void under section 49(b) ....
A person guilty of an offence under subsection (7) is liable—
on conviction on indictment, to imprisonment for a term not exceeding 3 years or to a fine (or both);
on summary conviction, to a fine not exceeding the statutory maximum.
A prosecution under subsection (5) or (7) may not be commenced more than 3 years after the commission of the offence.
The Secretary of State may by order provide for fees ... to be payable to such persons as may be prescribed by the order in respect of—
the giving of a notice of proposed civil partnership and the attestation of the necessary declaration;
the making of an application under section 12(1) (application to reduce waiting period);
the issue of a Registrar General’s licence;
the attendance of the civil partnership registrar when two people sign the civil partnership document;
such other services provided in connection with civil partnerships either by registration authorities or by or on behalf of the Registrar General as may be prescribed by the order.
The order may provide for the reduction, waiver or refund of part or all of a fee whether by conferring a discretion or otherwise.
An order under this section may—
specify the amount of any fee payable under the order, or
set out how such a fee is to be determined.
Subsection (1C) applies where the order provides for a fee to be payable to a registration authority.
The order may provide for such part of the fee as may be specified by or determined in accordance with the order to be payable by the registration authority to the Registrar General in such circumstances as may be prescribed by the order.
Where a civil partnership registrar for any area attends when two people sign the civil partnership schedule on approved premises, in accordance with section 6(3A)(a)—
subsection (1)(d) does not apply, but
the registration authority for that area is entitled from those people a fee of an amount determined by the authority in accordance with regulations under section 6A.
The Secretary of State may by order make—
such amendments of this Act as appear to him appropriate for the purpose of assimilating any provision connected with the formation or recording of civil partnerships in England and Wales to any provision made . . . in relation to civil marriage in England and Wales, and
such amendments of other enactments and of subordinate legislation as appear to him appropriate in consequence of any amendments made under paragraph (a).
“Civil marriage” means marriage solemnised otherwise than according to the rites of the Church of England or any other religious usages.
“Amendment” includes repeal or revocation.
“Subordinate legislation” has the same meaning as in the Interpretation Act 1978 (c. 30).
Regulations may make provision supplementing the provisions of this Chapter.
Regulations may in particular make provision—
relating to the use of Welsh in documents and records relating to civil partnerships;
with respect to the retention of documents relating to civil partnerships;
prescribing the duties of civil partnership registrars;
prescribing the duties of persons in whose presence any declaration is made for the purposes of this Chapter;
for the issue by the Registrar General of guidance supplementing any provision made by the regulations.
for the issue by registration authorities or the Registrar General of certified copies of entries in the register and for such copies to be received in evidence.
for the carrying out by the Registrar General, on request, of searches of entries in the register and the provision, on request, of information contained in the entries (otherwise than in the form of certified copies).
In this Chapter , except in section 6A 9B, 9E(2), 12(7) or 12A ,“regulations” means regulations made by the Registrar General with the approval of the Secretary of State.
Any power to make regulations or an order under this Chapter is exercisable by statutory instrument.
A statutory instrument containing regulations under section 6A 9B, 9E(2) or 12A or an order under section 34 is subject to annulment in pursuance of a resolution of either House of Parliament.
No order may be made under section 9D or 35 unless a draft of the statutory instrument containing the order has been laid before, and approved by a resolution of, each House of Parliament.
The court may, in accordance with this Chapter—
make an order (a “dissolution order”) which dissolves a civil partnership on the ground that it has broken down irretrievably;
make an order (a “nullity order”) which annuls a civil partnership which is void or voidable;
make an order (a “presumption of death order”) which dissolves a civil partnership on the ground that one of the civil partners is presumed to be dead;
make an order (a “separation order”) which provides for the separation of the civil partners.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
is, in the first instance, a conditional order, and
may not be made final before the end of the prescribed period (see section 38);
A nullity order made where a civil partnership is voidable annuls the civil partnership only as respects any time after the order has been made final, and the civil partnership is to be treated (despite the order) as if it had existed up to that time.
In this Chapter, other than in sections 58 to 61, “the court” means—
the High Court, or
the family court.
This Chapter is subject to sections 219 to 224 (jurisdiction of the court).
Subject to subsections (2) to (4), the prescribed period for the purposes of subsection (A1)(b) is—
6 weeks from the making of the conditional order, or
if the 6 week period would end on a day on which the office or registry of the court dealing with the case is closed, the period of 6 weeks extended to the end of the first day on which the office or registry is next open.
Every nullity or presumption of death order—
is, in the first instance, a conditional order, and
may not be made final before the end of the prescribed period for the purposes of this paragraph.
The Lord Chancellor may by order amend this section so as to substitute a different definition of the prescribed period for the purposes of subsection (A1)(b).
But the Lord Chancellor may not under subsection (2) provide for a period longer than 6 months to be the prescribed period.
In a particular case the court dealing with the case may by order shorten the prescribed period.
The power to make an order under subsection (2) is exercisable by statutory instrument.
An instrument containing such an order is subject to annulment in pursuance of a resolution of either House of Parliament.
Every dissolution order—
is, in the first instance, a conditional order, and
may not be made final before the end of the period of 6 weeks from the making of the conditional order (the “first prescribed period”).
The court may not make a conditional order unless— and a person may not give confirmation for the purposes of this subsection before the end of the period of 20 weeks from the start of proceedings (the “second prescribed period”).
in the case of an application that is to proceed as an application by one civil partner only, that person has confirmed to the court that they wish the application to continue, or
in the case of an application that is to proceed as an application by both civil partners, those persons have confirmed to the court that they wish the application to continue;
The Lord Chancellor may by order amend this section so as to substitute—
a different definition of the first prescribed period, or
a different definition of the second prescribed period.
But the Lord Chancellor may not under subsection (3) provide for a period which would result in the total number of days in the first and second prescribed periods (taken together) exceeding 26 weeks.
In a particular case the court dealing with the case may by order shorten the first prescribed period or the second prescribed period.
The power to make an order under subsection (3) is exercisable by statutory instrument.
An instrument containing such an order may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
This section applies if an application has been made for a dissolution, nullity or presumption of death order.
The court may, if it thinks fit, direct that all necessary papers in the matter are to be sent to the Queen’s Proctor who must under the directions of the Attorney General instruct counsel to argue before the court any question in relation to the matter which the court considers it necessary or expedient to have fully argued.
If any person at any time— gives information to the Queen’s Proctor on any matter material to the due decision of the case, the Queen’s Proctor may take such steps as the Attorney General considers necessary or expedient.
during the progress of the proceedings, or
before the conditional order is made final,
If the Queen’s Proctor intervenes or shows cause against the making of the conditional order in any proceedings relating to its making, the court may make such order as may be just as to—
the payment by other parties to the proceedings of the costs incurred by him in doing so, or
the payment by the Queen’s Proctor of any costs incurred by any of those parties because of his doing so.
The Queen’s Proctor is entitled to charge as part of the expenses of his office—
the costs of any proceedings under subsection (2);
if his reasonable costs of intervening or showing cause as mentioned in subsection (4) are not fully satisfied by an order under subsection (4)(a), the amount of the difference;
if the Treasury so directs, any costs which he pays to any parties under an order made under subsection (4)(b).
This section applies if—
a conditional order has been made, and
the Queen’s Proctor, or any person who has not been a party to proceedings in which the order was made, shows cause why the order should not be made final on the ground that material facts have not been brought before the court.
This section also applies if—
a conditional order has been made,
3 months have elapsed since the earliest date on which an application could have been made for the order to be made final,
no such application has been made by the civil partner who applied for the conditional order, and
the other civil partner makes an application to the court under this subsection.
The court may—
make the order final,
rescind the order,
require further inquiry, or
otherwise deal with the case as it thinks fit.
Subsection (3)(a)—
applies despite sections 37A(1) and 38(A1) (period before conditional orders may be made final), but
is subject to section 48(4) (protection for respondent ...) ....
No application for a dissolution order may be made to the court before the end of the period of 1 year from the date of the formation of the civil partnership.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
This section applies in relation to cases where an application is made for a dissolution or separation order.
Rules of court must make provision for requiring the legal representative acting for an applicant to certify whether the representative has—
discussed with the applicant the possibility of a reconciliation with the other civil partner, and
given the applicant the names and addresses of persons qualified to help effect a reconciliation between civil partners who have become estranged.
If at any stage of proceedings for the order it appears to the court that there is a reasonable possibility of a reconciliation between the civil partners, the court may adjourn the proceedings for such period as it thinks fit to enable attempts to be made to effect a reconciliation between them.
The power to adjourn under subsection (3) is additional to any other power of adjournment.
This section applies in relation to cases where—
proceedings for a dissolution or separation order are contemplated or have begun, and
an agreement or arrangement is made or proposed to be made between the civil partners which relates to, arises out of, or is connected with, the proceedings.
Rules of court may make provision for enabling—
the civil partners, or either of them, to refer the agreement or arrangement to the court, and
the court—
to express an opinion, if it thinks it desirable to do so, as to the reasonableness of the agreement or arrangement, and
to give such directions, if any, in the matter as it thinks fit.
Subject to section 41, an application for a dissolution order may be made to the court by either or both civil partners on the ground that the civil partnership has broken down irretrievably.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
the facts alleged by the applicant, and
any facts alleged by the respondent.
An application under subsection (1) must be accompanied by a statement by the applicant or applicants that the civil partnership has broken down irretrievably.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The court dealing with an application under subsection (1) must—
take the statement to be conclusive evidence that the civil partnership has broken down irretrievably, and
make a dissolution order.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
that the respondent has behaved in such a way that the applicant cannot reasonably be expected to live with the respondent;
that—
the applicant and the respondent have lived apart for a continuous period of at least 2 years immediately preceding the making of the application (“2 years' separation”), and
the respondent consents to a dissolution order being made;
that the applicant and the respondent have lived apart for a continuous period of at least 5 years immediately preceding the making of the application (“5 years' separation”);
that the respondent has deserted the applicant for a continuous period of at least 2 years immediately preceding the making of the application.
Without prejudice to the generality of section 75 of the Courts Act 2003, Family Procedure Rules may make provision as to the procedure for an application under subsection (1) by both civil partners to become an application by one civil partner only (including provision for a statement made under subsection (1A) in connection with the application to be treated as made by one civil partner only).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Subsection (2) applies if—
in any proceedings for a dissolution order the applicant alleges, in reliance on section 44(5)(a), that the respondent has behaved in such a way that the applicant cannot reasonably be expected to live with the respondent, but
after the date of the occurrence of the final incident relied on by the applicant and held by the court to support his allegation, the applicant and the respondent have lived together for a period (or periods) which does not, or which taken together do not, exceed 6 months.
The fact that the applicant and respondent have lived together as mentioned in subsection (1)(b) must be disregarded in determining, for the purposes of section 44(5)(a), whether the applicant cannot reasonably be expected to live with the respondent.
Subsection (4) applies in relation to cases where the applicant alleges, in reliance on section 44(5)(b), that the respondent consents to a dissolution order being made.
Rules of court must make provision for the purpose of ensuring that the respondent has been given such information as will enable him to understand—
the consequences to him of consenting to the making of the order, and
the steps which he must take to indicate his consent.
For the purposes of section 44(5)(d) the court may treat a period of desertion as having continued at a time when the deserting civil partner was incapable of continuing the necessary intention, if the evidence before the court is such that, had he not been so incapable, the court would have inferred that the desertion continued at that time.
In considering for the purposes of section 44(5) whether the period for which the civil partners have lived apart or the period for which the respondent has deserted the applicant has been continuous, no account is to be taken of— during which the civil partners resumed living with each other.
any one period not exceeding 6 months, or
any two or more periods not exceeding 6 months in all,
But no period during which the civil partners have lived with each other counts as part of the period during which the civil partners have lived apart or as part of the period of desertion.
For the purposes of section 44(5)(b) and (c) and this section civil partners are to be treated as living apart unless they are living with each other in the same household, and references in this section to civil partners living with each other are to be read as references to their living with each other in the same household.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Subsections (2) and (3) apply if any of the following orders has been made in relation to a civil partnership—
a separation order;
an order under Schedule 6 (financial relief in magistrates' courts etc.);
an order under section 33 of the Family Law Act 1996 (c. 27) (occupation orders);
an order under section 37 of the 1996 Act (orders where neither civil partner entitled to occupy the home).
Nothing prevents— on the same facts, or substantially the same facts, as those proved in support of the making of the order referred to in subsection (1).
either civil partner from applying for a dissolution order, or
the court from making a dissolution order,
On the application for the dissolution order, the court—
may treat the order referred to in subsection (1) as sufficient proof of any desertion or other fact by reference to which it was made, but
must not make the dissolution order without receiving evidence from the applicant.
If— the period of desertion is to be treated for the purposes of the application for the dissolution order as if it had immediately preceded the making of the application.
the application for the dissolution order follows a separation order or any order requiring the civil partners to live apart,
there was a period of desertion immediately preceding the institution of the proceedings for the separation order, and
the civil partners have not resumed living together and the separation order has been continuously in force since it was made,
For the purposes of section 44(5)(d) the court may treat as a period during which the respondent has deserted the applicant any period during which there is in force—
an injunction granted by the High Court or a county court which excludes the respondent from the civil partnership home, or
an order under section 33 or 37 of the 1996 Act which prohibits the respondent from occupying a dwelling-house in which the applicant and the respondent have, or at any time have had, a civil partnership home.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The respondent to an application for a dissolution order in which the applicant alleges 5 years' separation may oppose the making of an order on the ground that—
the dissolution of the civil partnership will result in grave financial or other hardship to him, and
it would in all the circumstances be wrong to dissolve the civil partnership.
Subsection (3) applies if—
the making of a dissolution order is opposed under this section,
the court finds that the applicant is entitled to rely in support of his application on the fact of 5 years' separation and makes no such finding as to any other fact mentioned in section 44(5), and
apart from this section, the court would make a dissolution order.
The court must—
consider all the circumstances, including the conduct of the civil partners and the interests of the civil partners and of any children or other persons concerned, and
if it is of the opinion that the ground mentioned in subsection (1) is made out, dismiss the application for the dissolution order.
“Hardship” includes the loss of the chance of acquiring any benefit which the respondent might acquire if the civil partnership were not dissolved.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
it made the order on the basis of a finding that the applicant was entitled to rely on the fact of 2 years' separation coupled with the respondent’s consent to a dissolution order being made,
it made no such finding as to any other fact mentioned in section 44(5), and
it is satisfied that the applicant misled the respondent (whether intentionally or unintentionally) about any matter which the respondent took into account in deciding to give his consent.
Subsections (3) to (5) apply if—
on an application for a dissolution order a conditional order has been made and—
the conditional order is in favour of one civil partner only, or
the conditional order is in favour of both civil partners but one of them has since withdrawn from the application, and
the respondent has applied to the court for consideration under subsection (3) of their financial position after the dissolution of the civil partnership.
has made a conditional dissolution order on the basis of a finding that the applicant was entitled to rely in support of his application on the fact of 2 years' or 5 years' separation, and
has made no such finding as to any other fact mentioned in section 44(5).
The court hearing an application by the respondent under subsection (2) must consider all the circumstances, including—
the age, health, conduct, earning capacity, financial resources and financial obligations of each of the parties, and
the financial position of the respondent as, having regard to the dissolution, it is likely to be after the death of the applicant should the applicant die first.
Subject to subsection (5), the court must not make the order final unless it is satisfied that—
the applicant should not be required to make any financial provision for the respondent, or
the financial provision made by the applicant for the respondent is—
reasonable and fair, or
the best that can be made in the circumstances.
The court may if it thinks fit make the order final if—
it appears that there are circumstances making it desirable that the order should be made final without delay, and
it has obtained a satisfactory undertaking from the applicant that he will make such financial provision for the respondent as it may approve.
Where two people register as civil partners of each other in England and Wales, the civil partnership is void if—
at the time when they do so, they are not eligible to register as civil partners of each other under Chapter 1 (see section 3), or
at the time when they do so they both know—
that due notice of proposed civil partnership has not been given,
that the civil partnership document has not been duly issued,
that the civil partnership document is void under section 17(3) or 27(2) (registration after end of time allowed for registering),
that the place of registration is a place other than that specified in the notices (or notice) of proposed civil partnership and the civil partnership document, . . .
that a civil partnership registrar is not present, or
that the place of registration is on premises that are not approved premises although the registration is purportedly in accordance with section 6(3A)(a), ...
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Where two people register as civil partners of each other in England and Wales, the civil partnership is voidable if—
either of them did not validly consent to its formation (whether as a result of duress, mistake, unsoundness of mind or otherwise);
at the time of its formation either of them, though capable of giving a valid consent, was suffering (whether continuously or intermittently) from mental disorder of such a kind or to such an extent as to be unfitted for civil partnership;
at the time of its formation, the respondent was pregnant by some person other than the applicant;
an interim gender recognition certificate under the Gender Recognition Act 2004 (c. 7) has, after the time of its formation, been issued to either civil partner;
the respondent is a person whose gender at the time of its formation had become the acquired gender under the 2004 Act.
In this section and section 51 “mental disorder” has the same meaning as in the Mental Health Act 1983 (c. 20).
The court must not make a nullity order on the ground that a civil partnership is voidable if the respondent satisfies the court—
that the applicant, with knowledge that it was open to him to obtain a nullity order, conducted himself in relation to the respondent in such a way as to lead the respondent reasonably to believe that he would not seek to do so, and
that it would be unjust to the respondent to make the order.
Without prejudice to subsection (1), the court must not make a nullity order by virtue of section 50(1)(a), (b), (c) or (e) unless—
it is satisfied that proceedings were instituted within 3 years from the date of the formation of the civil partnership, or
leave for the institution of proceedings after the end of that 3 year period has been granted under subsection (3).
A judge of the court may, on an application made to him, grant leave for the institution of proceedings if he—
is satisfied that the applicant has at some time during the 3 year period suffered from mental disorder, and
considers that in all the circumstances of the case it would be just to grant leave for the institution of proceedings.
An application for leave under subsection (3) may be made after the end of the 3 year period.
Without prejudice to subsection (1), the court must not make a nullity order by virtue of section 50(1)(d) unless it is satisfied that proceedings were instituted within the period of 6 months from the date of issue of the interim gender recognition certificate.
Without prejudice to subsections (1) and (2), the court must not make a nullity order by virtue of section 50(1)(c) or (e) unless it is satisfied that the applicant was at the time of the formation of the civil partnership ignorant of the facts alleged.
Where two people have registered as civil partners of each other in England and Wales, it is not necessary in support of the civil partnership to give any proof— and no evidence is to be given to prove the contrary in any proceedings touching the validity of the civil partnership.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
that before the registration either of the civil partners resided, or resided for any period, in the area stated in the notices of proposed civil partnership to be the area of that person's place of residence; or
that, in the case of a civil partnership to which Schedule 3A applied, any of the events listed in paragraph 2(2) to (6) of that Schedule occurred.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Where two people have registered as civil partners of each other in England and Wales, the Lord Chancellor may by order validate the civil partnership if it appears to him that it is or may be void under section 49(b).
An order under subsection (1) may include provisions for relieving a person from any liability under section 31(2), 32(2) or 33(5) or (7).
The draft of an order under subsection (1) must be advertised, in such manner as the Lord Chancellor thinks fit, not less than one month before the order is made.
The Lord Chancellor must—
consider all objections to the order sent to him in writing during that month, and
if it appears to him necessary, direct a local inquiry into the validity of any such objections.
An order under subsection (1) is subject to special parliamentary procedure.
Where two people register as civil partners of each other in Scotland, the civil partnership is—
void, if it would be void in Scotland under section 123, ...
voidable, if the circumstances fall within section 50(1)(d).
void, if the civil partnership was registered when—
one of the two people was domiciled in England and Wales, and
one of the two people was under 18, and
Where two people register as civil partners of each other in Northern Ireland, the civil partnership is—
void, if it would be void in Northern Ireland under section 173, ...
voidable, if the circumstances fall within any paragraph of section 50(1).
void, if the civil partnership was registered when—
one of the two people was domiciled in England and Wales, and
one of the two people was under 18, and
Subsection (4) applies where two people register as civil partners of each other under an Order in Council under— (“the relevant section”).
section 210 (registration at British consulates etc.), or
section 211 (registration by armed forces personnel),
Where two people convert, or purport to convert, their marriage into a civil partnership under Part 3, 4 or 5 of the Marriage and Civil Partnership (Northern Ireland) (No. 2) Regulations 2020, the civil partnership is—
void, if it would be void in Northern Ireland under section 173, ...
void, if the marriage was solemnised there when—
one of the two people was domiciled in England and Wales, and
one of the two people was under 18, and
voidable, if it would be voidable there under section 174.
The civil partnership is—
void, if—
the condition in subsection (2)(a) or (b) of the relevant section is not met, or
a requirement prescribed for the purposes of this paragraph by an Order in Council under the relevant section is not complied with, and
voidable, if—
the appropriate part of the United Kingdom is England and Wales or Northern Ireland and the circumstances fall within any paragraph of section 50(1), or
the appropriate part of the United Kingdom is Scotland and the circumstances fall within section 50(1)(d).
The appropriate part of the United Kingdom is the part by reference to which the condition in subsection (2)(b) of the relevant section is met.
Subsections (7) and (8) apply where two people have registered an apparent or alleged overseas relationship.
The civil partnership is void if—
the relationship is not an overseas relationship, or
(even though the relationship is an overseas relationship) the parties are not treated under Chapter 2 of Part 5 as having formed a civil partnership.
The civil partnership is voidable if—
the overseas relationship is voidable under the relevant law,
the circumstances fall within section 50(1)(d), or
where either of the parties was domiciled in England and Wales or Northern Ireland at the time when the overseas relationship was registered, the circumstances fall within section 50(1)(a), (b), (c) or (e).
Section 51 applies for the purposes of—
subsections (1)(b), (2)(b) and (4)(b),
subsection (8)(a), in so far as applicable in accordance with the relevant law, and
subsection (8)(b) and (c).
In subsections (8)(a) and (9)(b) “the relevant law” means the law of the country or territory where the overseas relationship was registered (including its rules of private international law).
For the purposes of subsections (8) and (9)(b) and (c), references in sections 50 and 51 to the formation of the civil partnership are to be read as references to the registration of the overseas relationship.
The court may, on an application made by a civil partner, make a presumption of death order if it is satisfied that reasonable grounds exist for supposing that the other civil partner is dead.
In any proceedings under this section the fact that— is evidence that the other civil partner is dead until the contrary is proved.
for a period of 7 years or more the other civil partner has been continually absent from the applicant, and
the applicant has no reason to believe that the other civil partner has been living within that time,
An application for a separation order may be made to the court by either or both civil partners.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
the facts alleged by the applicant, and
any facts alleged by the respondent,
An application under subsection (1) must be accompanied by—
if the application is by one civil partner only, a statement by that person that they seek to be separated from the other civil partner, or
if the application is by both civil partners, a statement by them that they seek to be separated from one another.
The court dealing with an application under subsection (1) must make a separation order.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
If either civil partner dies intestate as respects all or any of his or her real or personal property while— the property as respects which he or she died intestate devolves as if the other civil partner had then been dead.
a separation order is in force, and
the separation is continuing,
Any person may apply to the High Court or the family court for one or more of the following declarations in relation to a civil partnership specified in the application—
a declaration that the civil partnership was at its inception a valid civil partnership;
a declaration that the civil partnership subsisted on a date specified in the application;
a declaration that the civil partnership did not subsist on a date so specified;
a declaration that the validity of a dissolution, annulment or legal separation obtained outside England and Wales in respect of the civil partnership is entitled to recognition in England and Wales;
a declaration that the validity of a dissolution, annulment or legal separation so obtained in respect of the civil partnership is not entitled to recognition in England and Wales.
Where an application under subsection (1) is made to a court by a person other than a civil partner in the civil partnership to which the application relates, the court must refuse to hear the application if it considers that the applicant does not have a sufficient interest in the determination of that application.
Where on an application for a declaration under section 58 the truth of the proposition to be declared is proved to the satisfaction of the court, the court must make the declaration unless to do so would be manifestly contrary to public policy.
Any declaration under section 58 binds Her Majesty and all other persons.
The court, on the dismissal of an application for a declaration under section 58, may not make any declaration for which an application has not been made.
No declaration which may be applied for under section 58 may be made otherwise than under section 58 by any court.
No declaration may be made by any court, whether under section 58 or otherwise, that a civil partnership was at its inception void.
Nothing in this section affects the powers of any court to make a nullity order in respect of a civil partnership.
On an application for a declaration under section 58 the court may at any stage of the proceedings, of its own motion or on the application of any party to the proceedings, direct that all necessary papers in the matter be sent to the Attorney General.
The Attorney General, whether or not he is sent papers in relation to an application for a declaration under section 58, may—
intervene in the proceedings on that application in such manner as he thinks necessary or expedient, and
argue before the court dealing with the application any question in relation to the application which the court considers it necessary to have fully argued.
Where any costs are incurred by the Attorney General in connection with any application for a declaration under section 58, the court may make such order as it considers just as to the payment of those costs by parties to the proceedings.
Any declaration made under section 58, and any application for such a declaration, must be in the form prescribed by rules of court.
Rules of court may make provision—
as to the information required to be given by any applicant for a declaration under section 58;
requiring notice of an application under section 58 to be served on the Attorney General and on persons who may be affected by any declaration applied for.
No proceedings under section 58 affect any final judgment or order already pronounced or made by any court of competent jurisdiction.
The court hearing an application under section 58 may direct that the whole or any part of the proceedings must be heard in private.
An application for a direction under subsection (4) must be heard in private unless the court otherwise directs.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
If in any proceedings for a dissolution order the respondent alleges and proves any such fact as is mentioned in section 44(5)(a), (b), (c) or (d) the court may give to the respondent the relief to which he would have been entitled if he had made an application seeking that relief.
When applying subsection (1), treat— for the purposes of section 44(5).
the respondent as the applicant, and
the applicant as the respondent,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In any proceedings for a dissolution, nullity or separation order, the court must consider—
whether there are any children of the family to whom this section applies, and
if there are any such children, whether (in the light of the arrangements which have been, or are proposed to be, made for their upbringing and welfare) it should exercise any of its powers under the Children Act 1989 (c. 41) with respect to any of them.
If, in the case of any child to whom this section applies, it appears to the court that— it may direct that the order is not to be made final, or (in the case of a separation order) is not to be made, until the court orders otherwise.
the circumstances of the case require it, or are likely to require it, to exercise any of its powers under the 1989 Act with respect to any such child,
it is not in a position to exercise the power or (as the case may be) those powers without giving further consideration to the case, and
there are exceptional circumstances which make it desirable in the interests of the child that the court should give a direction under this section,
This section applies to—
any child of the family who has not reached 16 at the date when the court considers the case in accordance with the requirements of this section, and
any child of the family who has reached 16 at that date and in relation to whom the court directs that this section shall apply.
Rules of court may make provision with respect to—
the joinder as parties to proceedings under sections 37 to 56 of persons involved in allegations of improper conduct made in those proceedings,
the dismissal from such proceedings of any parties so joined, and
the persons who are to be parties to proceedings on an application under section 58.
Rules of court made under this section may make different provision for different cases.
In every case in which the court considers, in the interest of a person not already a party to the proceedings, that the person should be made a party, the court may if it thinks fit allow the person to intervene upon such terms, if any, as the court thinks just.
This section applies if—
a civil partner contributes in money or money’s worth to the improvement of real or personal property in which or in the proceeds of sale of which either or both of the civil partners has or have a beneficial interest, and
the contribution is of a substantial nature.
The contributing partner is to be treated as having acquired by virtue of the contribution a share or an enlarged share (as the case may be) in the beneficial interest of such an extent—
as may have been then agreed, or
in default of such agreement, as may seem in all the circumstances just to any court before which the question of the existence or extent of the beneficial interest of either of the civil partners arises (whether in proceedings between them or in any other proceedings).
Subsection (2) is subject to any agreement (express or implied) between the civil partners to the contrary.
In any question between the civil partners in a civil partnership as to title to or possession of property, either civil partner may apply to—
the High Court, or
the family court.
On such an application, the court may make such order with respect to the property as it thinks fit (including an order for the sale of the property).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The right of a civil partner (“A”) to make an application under section 66 includes the right to make such an application where A claims that the other civil partner (“B”) has had in his possession or under his control— and that either the money or other property has ceased to be in B’s possession or under B’s control or that A does not know whether it is still in B’s possession or under B’s control.
money to which, or to a share of which, A was beneficially entitled, or
property (other than money) to which, or to an interest in which, A was beneficially entitled,
For the purposes of subsection (1)(a) it does not matter whether A is beneficially entitled to the money or share—
because it represents the proceeds of property to which, or to an interest in which, A was beneficially entitled, or
for any other reason.
Subsections (4) and (5) apply if, on such an application being made, the court is satisfied that B—
has had in his possession or under his control money or other property as mentioned in subsection (1)(a) or (b), and
has not made to A, in respect of that money or other property, such payment or disposition as would have been appropriate in the circumstances.
The power of the court to make orders under section 66 includes power to order B to pay to A—
in a case falling within subsection (1)(a), such sum in respect of the money to which the application relates, or A’s s share of it, as the court considers appropriate, or
in a case falling within subsection (1)(b), such sum in respect of the value of the property to which the application relates, or A’s interest in it, as the court considers appropriate.
If it appears to the court that there is any property which— the court may (either instead of or as well as making an order in accordance with subsection (4)) make any order which it could (apart from this section) have made under section 66.
represents the whole or part of the money or property, and
is property in respect of which an order could (apart from this section) have been made under section 66,
Any power of the court which is exercisable on an application under section 66 is exercisable in relation to an application made under that section as extended by this section.
This section applies where a civil partnership has been dissolved or annulled.
Subject to subsection (3), an application may be made under section 66 (including that section as extended by section 67) by either former civil partner despite the dissolution or annulment (and references in those sections to a civil partner are to be read accordingly).
The application must be made within the period of 3 years beginning with the date of the dissolution or annulment.
This section applies if an action in tort is brought by one civil partner against the other during the subsistence of the civil partnership.
The court may stay the proceedings if it appears—
that no substantial benefit would accrue to either civil partner from the continuation of the proceedings, or
that the question or questions in issue could more conveniently be disposed of on an application under section 66.
Without prejudice to subsection (2)(b), the court may in such an action—
exercise any power which could be exercised on an application under section 66, or
give such directions as it thinks fit for the disposal under that section of any question arising in the proceedings.
Section 11 of the Married Women’s Property Act 1882 (c. 75) (money payable under policy of assurance not to form part of the estate of the insured) applies in relation to a policy of assurance— as it applies in relation to a policy of assurance effected by a husband and expressed to be for the benefit of his wife, or of his children, or of his wife and children, or of any of them.
effected by a civil partner on his own life, and
expressed to be for the benefit of his civil partner, or of his children, or of his civil partner and children, or any of them,
Schedule 4 amends enactments relating to wills, administration of estates and family provision so that they apply in relation to civil partnerships as they apply in relation to marriage.
Schedule 5 makes provision for financial relief in connection with civil partnerships that corresponds to provision made for financial relief in connection with marriages by Part 2 of the Matrimonial Causes Act 1973 (c. 18).
Any rule of law under which any provision of Part 2 of the 1973 Act is interpreted as applying to dissolution of a marriage on the ground of presumed death is to be treated as applying (with any necessary modifications) in relation to the corresponding provision of Schedule 5.
Schedule 6 makes provision for financial relief in connection with civil partnerships that corresponds to provision made for financial relief in connection with marriages by the Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22).
Schedule 7 makes provision for financial relief in England and Wales after a civil partnership has been dissolved or annulled, or civil partners have been legally separated, in a country outside the British Islands.
A civil partnership agreement does not under the law of England and Wales have effect as a contract giving rise to legal rights.
No action lies in England and Wales for breach of a civil partnership agreement, whatever the law applicable to the agreement.
In this section and section 74 “civil partnership agreement” means an agreement between two people—
to register as civil partners of each other—
in England and Wales (under this Part),
in Scotland (under Part 3),
in Northern Ireland (under Part 4), or
outside the United Kingdom under an Order in Council made under Chapter 1 of Part 5 (registration at British consulates etc. or by armed forces personnel), or
to enter into an overseas relationship.
This section applies in relation to civil partnership agreements whether entered into before or after this section comes into force, but does not affect any action commenced before it comes into force.
This section applies if a civil partnership agreement is terminated.
Section 65 (contributions by civil partner to property improvement) applies, in relation to any property in which either or both of the parties to the agreement had a beneficial interest while the agreement was in force, as it applies in relation to property in which a civil partner has a beneficial interest.
Sections 66 and 67 (disputes between civil partners about property) apply to any dispute between or claim by one of the parties in relation to property in which either or both had a beneficial interest while the agreement was in force, as if the parties were civil partners of each other.
An application made under section 66 or 67 by virtue of subsection (3) must be made within 3 years of the termination of the agreement.
A party to a civil partnership agreement who makes a gift of property to the other party on the condition (express or implied) that it is to be returned if the agreement is terminated is not prevented from recovering the property merely because of his having terminated the agreement.
Amend the Children Act 1989 (c. 41) (“the 1989 Act”) as follows.
In section 4A(1) (acquisition of parental responsibility by step-parent) after “is married to” insert “ , or a civil partner of, ”.
“child of the family”, in relation to parties to a marriage, or to two people who are civil partners of each other, means—
In the definition of “relative” in section 105(1), for “by affinity)” substitute “ by marriage or civil partnership) ”.
In section 6 of the 1989 Act (guardians: revocation and disclaimer) after subsection (3A) insert—
In section 10(5) of the 1989 Act (persons entitled to apply for residence or contact order) after paragraph (a) insert—.
Amend Schedule 1 to the 1989 Act (financial provision for children) as follows.
In paragraph 2(6) (meaning of “periodical payments order”) after paragraph (d) insert—.
In paragraph 15(2) (person with whom a child lives or is to live) after “husband or wife” insert “ or civil partner ”.
For paragraph 16(2) (extended meaning of “parent”) substitute—
Amend the Adoption and Children Act 2002 (c. 38) as follows.
In section 21 (placement orders), in subsection (4)(c), after “child marries” insert “ , forms a civil partnership ”.
In section 47 (conditions for making adoption orders), after subsection (8) insert—
In section 51 (adoption by one person), in subsection (1), after “is not married” insert “ or a civil partner ”.
After section 51(3) insert—
In section 64 (other provision to be made by regulations), in subsection (5) for “or marriage” substitute “ , marriage or civil partnership ”.
In section 74(1) (enactments for whose purposes section 67 does not apply), for paragraph (a) substitute—.
In section 79 (connections between the register and birth records), in subsection (7)—
in paragraph (b), after “intends to be married” insert “ or form a civil partnership ”, and
for “the person whom the applicant intends to marry” substitute “ the intended spouse or civil partner ”.
In section 81 (Adoption Contact Register: supplementary), in subsection (2) for “or marriage” substitute “ , marriage or civil partnership ”.
In section 98 (pre-commencement adoptions: information), in subsection (7), in the definition of “relative” for “or marriage” substitute “ , marriage or civil partnership ”.
In section 144 (interpretation), in the definition of “relative” in subsection (1), after “by marriage” insert “ or civil partnership ”.
In section 144(4) (meaning of “couple”), after paragraph (a) insert—.
A person commits an offence if—
for the purpose of procuring the formation of a civil partnership, or a document mentioned in subsection (2), he— knowing that the declaration, notice or certificate is false,
makes or signs a declaration required under this Part or Part 5, or
gives a notice or certificate so required,
for the purpose of a record being made in any register relating to civil partnerships, he— knowing that the statement is false, or
makes a statement as to any information which is required to be registered under this Part or Part 5, or
causes such a statement to be made,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
with respect to a declaration made under paragraph 5(1) of Schedule 1 he makes a statement mentioned in paragraph 6 of that Schedule which he knows to be false in a material particular.
The documents are—
a civil partnership schedule or a Registrar General’s licence under Chapter 1;
a document required by an Order in Council under section 210 or 211 as an authority for two people to register as civil partners of each other;
a certificate of no impediment under section 240.
A person guilty of an offence under subsection (1) is liable—
on conviction on indictment, to imprisonment for a term not exceeding 7 years or to a fine (or both);
on summary conviction, to a fine not exceeding the statutory maximum.
The Perjury Act 1911 (c. 6) has effect as if this section were contained in it.
Schedule 8 amends certain enactments relating to housing and tenancies.
Schedule 9 amends Part 4 of the Family Law Act 1996 (c. 27) and related enactments so that they apply in relation to civil partnerships as they apply in relation to marriages.
Amend the Fatal Accidents Act 1976 (c. 30) as follows.
In section 1(3) (meaning of “dependant” for purposes of right of action for wrongful act causing death), after paragraph (a) insert—.
In paragraph (b)(iii) of section 1(3), after “wife” insert “ or civil partner ”.
After paragraph (f) of section 1(3) insert—.
After section 1(4) insert—
In section 1(5)(a), for “by affinity” substitute “ by marriage or civil partnership ”.
In section 1A(2) (persons for whose benefit claim for bereavement damages may be made)—
in paragraph (a), after “wife or husband” insert “ or civil partner ”, and
in paragraph (b), after “was never married” insert “ or a civil partner ”.
In section 3 (assessment of damages), in subsection (4), after “wife” insert “ or civil partner ”.
Any enactment or rule of law relating to the giving of evidence by a spouse applies in relation to a civil partner as it applies in relation to the spouse.
Subsection (1) is subject to any specific amendment made by or under this Act which relates to the giving of evidence by a civil partner.
For the avoidance of doubt, in any such amendment, references to a person’s civil partner do not include a former civil partner.
References in subsections (1) and (2) to giving evidence are to giving evidence in any way (whether by supplying information, making discovery, producing documents or otherwise).
Any rule of law— is to be treated as applying in an equivalent way for the purpose of proving or disproving the existence of a civil partnership.
which is preserved by section 7(3) of the Civil Evidence Act 1995 (c. 38) or section 118(1) of the Criminal Justice Act 2003 (c. 44), and
under which in any proceedings evidence of reputation or family tradition is admissible for the purpose of proving or disproving the existence of a marriage,
For the purposes of section 1, two people are to be regarded as having registered as civil partners of each other once each of them has signed the civil partnership schedule, in the presence of—
each other,
two witnesses both of whom have attained the age of 16, and
the approved celebrant or, as the case may be, the authorised registrar.
But the two people must be eligible to be so registered.
Subsection (1) applies regardless of whether subsection (4) is complied with.
After the civil partnership schedule has been signed under subsection (1), it must also be signed, in the presence of the civil partners and each other by—
each of the two witnesses, and
the approved celebrant or, as the case may be, the authorised registrar.
Two people are not eligible to register in Scotland as civil partners of each other if—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
they are related in a forbidden degree,
either has not attained the age of 16,
either is married or already in civil partnership, or
either is incapable of—
understanding the nature of civil partnership, or
validly consenting to its formation.
Subject to subsection (3), a person is related to another person in a forbidden degree if related to that person in a degree specified in Schedule 10.
A person who is related to another person in a degree specified in paragraph 2 of Schedule 10 (relationships by affinity) is not related to that person in a forbidden degree if—
both persons have attained the age of 21, and
the younger has not at any time before attaining the age of 18 lived in the same household as the elder and been treated by the elder as a child of the elder’s family.
Paragraph 2 of Schedule 10 has effect subject to the modifications specified in subsection (5) in the case of a person (here the “relevant person”) whose gender has become the acquired gender under the Gender Recognition Act 2004 (c. 7).
both persons have attained the age of 21, and
in the case of—
a man entering civil partnership with the father of his former wife, both the former wife and the former wife’s mother are dead,
a man entering civil partnership with the father of his former civil partner, both the former civil partner and the former civil partner’s mother are dead,
a man entering civil partnership with the former husband of his daughter, both the daughter and the daughter’s mother are dead,
a man entering civil partnership with the former civil partner of his son, both the son and the son’s mother are dead,
a woman entering civil partnership with the mother of her former husband, both the former husband and the former husband’s father are dead,
a woman entering civil partnership with the mother of her former civil partner, both the former civil partner and the former civil partner’s father are dead,
a woman entering civil partnership with the former wife of her son, both the son and the son’s father are dead, or
a woman entering civil partnership with the former civil partner of her daughter, both the daughter and the daughter’s father are dead.
For the purposes of paragraph 2 of Schedule 10, “spouse” means—
in the case of a marriage between persons of different sexes, a wife in relation to her husband or a husband in relation to his wife, and
in the case of a marriage between persons of the same sex, one of the parties to the marriage in relation to the other.
The reference in subsection (3A)(a) as it applies to that paragraph to—
a ... wife of the relevant person includes any ... husband of the relevant person, and
a ... husband of the relevant person includes any ... wife of the relevant person.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
in sub-paragraph (iii) of subsection (4)(b) to the relevant person’s daughter’s mother is to the relevant person’s daughter’s father if the relevant person is the daughter’s mother,
in sub-paragraph (iv) of that subsection to the relevant person’s son’s mother is to the relevant person’s son’s father if the relevant person is the son’s mother,
in sub-paragraph (vii) of that subsection to the relevant person’s son’s father is to the relevant person’s son’s mother if the relevant person is the son’s father, and
in sub-paragraph (viii) of that subsection to the relevant person’s daughter’s father is to the relevant person’s daughter’s mother if the relevant person is the daughter’s father.
This section and Schedule 10 have effect as if any reference in that Schedule to a parent within any of the degrees of relationship specified ... included a woman who is a parent of a child by virtue of section 42 or 43 of the Human Fertilisation and Embryology Act 2008 (c. 22).
References in this section and in Schedule 10 to relationships and degrees of relationship are to be construed in accordance with section 1(1) of the Law Reform (Parent and Child) (Scotland) Act 1986 (c. 9).
For the purposes of this section, a degree of relationship specified in paragraph 1 of Schedule 10 exists whether it is of the full blood or the half blood.
Amend section 41(1) of the Adoption (Scotland) Act 1978 (c. 28) (application to determination of forbidden degrees of provisions of that Act relating to the status conferred by adoption) as follows—
after first “marriage” insert “ , to the eligibility of persons to register as civil partners of each other ”, and
for “and incest” substitute “ , to such eligibility and to incest ”.
For the purpose of affording reasonable facilities throughout Scotland for civil registration as civil partners, the Registrar General— as persons who may carry out such registration (in this Part referred to as “authorised registrars”).
is to appoint such number of district registrars as he thinks necessary, and
may, in respect of any district for which he has made an appointment under paragraph (a), appoint one or more assistant registrars,
In order to register as civil partners, each of the intended civil partners must submit to the district registrar a notice, in the prescribed form . . . , of intention to enter civil partnership (in this Part referred to as a “notice of proposed civil partnership”).
Each of the intended civil partners must also pay the prescribed fee and submit the following documents—
that person's birth certificate,
if that person has previously been married or in civil partnership and—
the marriage or civil partnership has been dissolved, a copy of the decree of divorce or dissolution, or
the other party to that marriage or civil partnership has died, the death certificate of that other party, and
if that person has previously ostensibly been married or in civil partnership but decree of annulment has been obtained, a copy of that decree.
If a person is unable to submit a certificate or decree required by subsection (2) he may instead make a declaration to that effect, stating what the reasons are; and he must provide the district registrar with such— as the district registrar may require.
information in respect of the matters to which the certificate or document would have related, and
documentary evidence in support of that information,
If an intended civil partner is a relevant national as defined in section 30A(ab)(i) or (ii) the intended civil partner must also submit—
where the intended civil partner falls within section 30A(ab)(i), an electronic certificate which confirms that the leave referred to in that provision has been granted; or
where the intended civil partner falls within section 30A(ab)(ii)—
a certificate of application which confirms that the application referred to in regulation 4 of the Citizens' Rights (Application Deadline and Temporary Protection) (EU Exit) Regulations 2020 has been made; and
evidence that the relevant period referred to in regulation 4 of those Regulations has not expired.
If a document submitted under subsection (2) or (3) is in a language other than English, the person submitting it must, unless subsection (4A) applies, attach to the document a translation of it in English, certified by the translator as a correct translation.
A person submitting a notice under subsection (1) must make and attest in the prescribed manner the necessary declaration (the form for which must be included in any form prescribed for the notice).
The necessary declaration is a declaration that the person submitting the notice believes that the intended civil partners are eligible to be in civil partnership with each other.
This subsection applies where—
the document submitted is accompanied by a multilingual standard form issued by an authority in a Member State of the European Union in accordance with Regulation (EU) 2016/1191 of the European Parliament and of the Council, and
the district registrar considers that the information included in the multilingual standard form is sufficient for processing the document.
Regulations prescribing the form of the notice of proposed civil partnership may make provision for the notice to be electronic rather than paper-based.
In this section, “the district registrar” means—
where the civil partnership is to be registered in a registration district, the district registrar for that district,
where the civil partnership is to be registered in Scottish waters—
in the case where the civil partnership is to be registered by an approved celebrant, the district registrar for any registration district,
in the case where the civil partnership is to be registered by an authorised registrar, the district registrar for the registration district of the proposed authorised registrar.
A district registrar to whom a notice under subsection (1) is submitted may require the person submitting the notice to provide the district registrar with specified nationality evidence relating to each of the intended civil partners.
A requirement under subsection (8) may be imposed at any time—
on or after the submitting of the notice under subsection (1), but
before the district registrar completes the civil partnership schedule.
In subsection (8), “specified nationality evidence” means such evidence of that person's nationality as may be specified in guidance issued by the Registrar General.
On receipt of a notice of proposed civil partnership, the district registrar is to enter in a book (to be known as “the civil partnership book”) supplied to him for that purpose by the Registrar General such particulars, extracted from the notice, as may be prescribed and the date of receipt by him of that notice.
The form and content of any page of that book is to be prescribed.
In this section and sections 90, 91, 92 and 94, “the district registrar” means—
where the civil partnership is to be registered in a registration district, the district registrar for that district,
where the civil partnership is to be registered in Scottish waters—
in the case where the civil partnership is to be registered by an approved celebrant, the district registrar to whom the civil partnership notices were submitted,
in the case where the civil partnership is to be registered by an authorised registrar, the district registrar for the registration district of the proposed authorised registrar.
Subsection (1) is subject to section 88E.
This section applies to a notice of proposed civil partnership submitted to a district registrar in accordance with section 88 if one, or each, of the parties to the proposed civil partnership is not a relevant national.
For each party to the proposed civil partnership who is not a relevant national, the notice must be accompanied by whichever of statements A, B or C is applicable to that person.
Statement A is a statement that the person has the appropriate immigration status.
Statement B is a statement that the person holds a relevant visa in respect of the proposed civil partnership.
Statement C is a statement that the person neither—
has the appropriate immigration status, nor
holds a relevant visa in respect of the proposed civil partnership.
If the notice is accompanied by the statement referred to in the first column of an entry in this table, the notice must also be accompanied by the information and photographs referred to in the second column of that entry (insofar as that entry is applicable to the parties to the proposed civil partnership)— If the notice is accompanied by this statement.... ...the notice must also be accompanied by.... Statement A (in respect of one or both of the parties to the proposed civil partnership) For each party in respect of whom statement A is made, details of the particular immigration status which that party has Statement B (in respect of one or both of the parties to the proposed civil partnership) 1. For each party, a specified photograph of that party 2. For each party in respect of whom statement B is made, details of the relevant visa which that party has Statement C (in respect of one or both of the parties to the proposed civil partnership) 1. For each party, a specified photograph of that party 2. For each party, the usual address of that party 3. For each party who has previously used any name or names other than the person’s name stated in the civil partnership notice, a statement of the other name or names 4. For each party who currently uses, or has previously used, an alias or aliases, a statement of the alias or aliases.
If the notice is accompanied by more than one of statements A, B and C, subsection (6) must be complied with in relation to each of those statements; but where the notice is accompanied by statements B and C, subsection (6) does not require the notice to be accompanied by more than one specified photograph of each party.
If the notice is accompanied by statement C for a party to the proposed civil partnership—
the notice may also be accompanied by a statement (“statement D”) of that person’s immigration position in the United Kingdom;
if the notice is accompanied by statement D for a party to the proposed civil partnership, the person may provide the district registrar with details of his immigration position in the United Kingdom; and
if any such details are provided, the district registrar must record them.
In this section and section 88B—
a reference— is to be construed in accordance with section 49 of the 2014 Act;
to a person having the appropriate immigration status, or
to a person holding a relevant visa,
a reference to the particular immigration status which a person has is a reference to the immigration status set out in any of paragraphs (a) to (c) of section 49(2) of that Act which the person has;
a reference to a person’s immigration position in the United Kingdom includes a reference to the person’s not being entitled to be in the United Kingdom.
In this section “specified photograph” means a photograph that is in accordance with regulations made by the Secretary of State under section 54(2) of, and paragraph 3 of Schedule 5 to, the 2014 Act (and for this purpose “photograph” includes other kinds of images).
If a notice of proposed civil partnership to which section 88A applies (“the notice”) is accompanied by statement A (referred to in section 88A(3)), and accordingly is also accompanied by details of the particular immigration status which a party to the proposed civil partnership has, the notice must also be accompanied by specified evidence of that status.
If the notice is accompanied by statement B (referred to in section 88A(4)), the notice must also be accompanied by specified evidence of the holding of the relevant visa by the party to the proposed civil partnership.
If, in accordance with section 88A(6), the notice is accompanied by the usual address of a party to the proposed civil partnership, the notice must also be accompanied by specified evidence that it is that party’s usual address.
If the notice is accompanied by statement D (referred to in section 88A(8)), the notice may also be accompanied by evidence of the person’s immigration position in the United Kingdom.
If subsection (1) or (2) applies to the notice, and the notice is not accompanied by the specified evidence required by that subsection, the notice must be accompanied by—
photographs and addresses of the kinds referred to in paragraphs 1 and 2 in the relevant entry in section 88A(6);
as respects the usual address of each party that is provided in accordance with sub-paragraph (a), specified evidence that the address provided is that party’s usual address; and
names and aliases of the kinds referred to in paragraphs 3 and 4 in the relevant entry in section 88A(6) (insofar as those paragraphs are applicable to the proposed civil partnership).
In this section—
Where notices of a proposed civil partnership are received by the district registrar , he must, as soon as practicable after such receipt(or, if the two documents are not received on the same day, after the first is received), publicise the relevant information and send it to the Registrar General who must also publicise it.
“The relevant information” means—
the names of the intended civil partners, and
the date on which it is intended to register them as civil partners of each other, being a date more than 28 days after publicisation by the district registrar under subsection (1).
Paragraph (b) of subsection (2) is subject to section 91(1) .
The manner in which and means by which relevant information is to be publicised are to be prescribed.
Where the district registrar receives a request in writing from one or both of two intended civil partners that they should be registered as civil partners of each other on a date specified in the request (being a date 28 days or fewer after publicisation by the district registrar under subsection (1) of section 90) the district registrar may, provided that he is authorised to do so by the Registrar General, fix that date as the date for registration; and if a date is so fixed, paragraph (b) of subsection (2) of that section is to be construed as if it were a reference to that date.
Unless subsection (1B) applies, if a proposed civil partnership is referred to the Secretary of State under section 88F (“the referred civil partnership”) the Registrar General may not authorise the district registrar to fix the specified date mentioned in subsection (1) as the date for registration of the referred civil partnership without the consent of the Secretary of State.
This subsection applies if the request made under subsection (1) is made because a party to the referred civil partnership is gravely ill and not expected to recover.
For the purposes of subsection (1), a request which is made by electronic means is to be treated as in writing if it is received in a form which is legible and capable of being used for subsequent reference.
Where the notice of proposed civil partnership is accompanied by— that information and evidence must also be accompanied by a declaration in writing and signed by the party who makes it that the party believes all of the information and evidence accompanying the notice to be true.
information provided in accordance with section 88A, and
information and evidence provided in accordance with section 88B,
A district registrar may reject— if (in particular) the district registrar has reasonable grounds for suspecting that the information, photograph or evidence is false.
any evidence relating to a party’s nationality provided in accordance with section 88(8),
any information or photograph provided under section 88A or 88B, or
any evidence provided under section 88B,
If the district registrar rejects any information, photograph or evidence, the district registrar may proceed under this Act as if the rejected information, photograph or evidence had not been provided.
This section does not limit the powers of the district registrar to reject anything provided under any other enactment.
In this section “enactment” includes an enactment comprised in, or an instrument made under, an Act of the Scottish Parliament.
Any person may at any time before the registration in Scotland of two people as civil partners of each other submit in writing an objection to such registration to the district registrar.
But where the objection is that the intended civil partners are not eligible to be in civil partnership with each other because either is incapable of— it shall not be treated as submitted until there has also been produced to the registrar a supporting certificate attested in the prescribed manner by a registered medical practitioner.
understanding the nature of civil partnership, or
validly consenting to its formation,
For the purpose of subsection (1), an objection which is submitted to the registrar by electronic means is to be treated as in writing if it is received in a form which is legible and capable of being used for subsequent reference.
A person claiming that he may have reason to submit such an objection may, free of charge and at any time when the registration office of the district registrar is open for public business, inspect any relevant entry in the civil partnership book.
Where the district registrar receives an objection in accordance with subsection (1) he must—
in any case where he is satisfied that the objection relates to no more than a misdescription or inaccuracy in a notice submitted under section 88(1)—
notify the intended civil partners of the nature of the objection and make such enquiries into the matter mentioned in it as he thinks fit, and
subject to the approval of the Registrar General, make any necessary correction to any document relating to the proposed civil partnership, or
in any other case—
at once notify the Registrar General of the objection, ...
pending consideration of the objection by the Registrar General, suspend the completion or issue of the civil partnership schedule in respect of the proposed civil partnership, and
where, in the case of a civil partnership to be registered by an approved celebrant, the civil partnership schedule has already been issued to the parties, if possible notify that celebrant of the objection and advise the celebrant not to register the civil partnership pending consideration of the objection.
If the Registrar General is satisfied, on consideration of an objection of which he has received notification under subsection (4)(b)(i) that—
there is a legal impediment to registration, he must direct the district registrar to take all reasonable steps to ensure that the registration of the civil partnership does not take place and must notify, or direct the district registrar to notify, the intended civil partners accordingly, or
there is no such impediment, he must inform the district registrar to that effect.
For the purposes of this section and section 94, there is a legal impediment to registration where the intended civil partners are not eligible to be in civil partnership with each other.
Two people may be registered by an authorised registrar as civil partners of each other—
at the registration office of the authorised registrar,
at an appropriate place in the registration district of the authorised registrar, or
with the approval of the Registrar General, at—
the registration office of another authorised registrar,
an appropriate place in the registration district of another authorised registrar, or
an appropriate place in Scottish waters.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In this section—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
are used solely or mainly for religious purposes, or
have been so used and have not subsequently been used solely or mainly for other purposes.
“Local registration authority” has the meaning given by section 5(3) of the 1965 Act.
“Scottish Waters” has the meaning given by section 26(2) of the Marriage (Scotland) Act 1977 (c. 15).
Where any of the requirements imposed by or under any of the provisions of this Act mentioned in subsection (2) is applicable but not complied with by either or both parties to the proposed civil partnership, the parties are to be taken not to have submitted notice under section 88.
The provisions are—
section 88(8);
section 88A(2) to (7);
section 88B(3) or (5);
paragraph 9 of Schedule 23.
On every occasion when notice of proposed civil partnership is submitted under section 88, a district registrar must decide whether or not each of the parties to the proposed civil partnership is an exempt person.
But this section does not apply if section 96 applies to the proposed civil partnership.
In making a decision under subsection (1) about a party to a proposed civil partnership, a district registrar may rely on any advice given in relation to that decision by the Secretary of State.
In a case where— the district registrar must decide that that party to the proposed civil partnership is not an exempt person.
section 88A applies to the notice of proposed civil partnership, and
specified evidence required by section 88B(1) or (2) in relation to a party to the proposed civil partnership is not produced in accordance with that section,
If the district registrar decides that either of the parties is not an exempt person, or that both of the parties are not exempt persons, the registrar must—
refer the proposed civil partnership to the Secretary of State;
notify the parties to the proposed civil partnership that the proposed civil partnership must be referred to the Secretary of State;
give the parties to the proposed civil partnership prescribed information about—
the effects of the referral;
the requirement under regulations to notify the Secretary of State of changes of address.
The district registrar must act in accordance with regulations when complying with the duty in subsection (5)(a) to refer a proposed civil partnership to the Secretary of State.
If the district registrar refers the proposed civil partnership to the Secretary of State, this Act has effect in relation to the proposed civil partnership subject to the modifications in Schedule 10A.
In this section—
a reference to a person being an exempt person has the same meaning as in section 49 of the 2014 Act;
“prescribed information” means information prescribed in regulations;
“regulations” means regulations made by the Secretary of State under section 54(2) of, and Schedule 5 to, the 2014 Act.
the district registrar has received a notice of proposed civil partnership in respect of each of the intended civil partners and—
is satisfied that there is no legal impediment to their registration as civil partners of each other, or
as the case may be, is informed under section 92(5)(b) that there is no such impediment,
Where— he is to complete a civil partnership schedule in the prescribed form.
In the case of a civil partnership to be registered by an approved celebrant, the civil partnership schedule completed in accordance with subsection (1) is to be issued by the district registrar to one or both of the parties to the intended civil partnership.
the 28 days mentioned in paragraph (b) of section 90(2) have expired (or as the case may be the date which, by virtue of section 91(1), that paragraph is to be construed as a reference to has been reached), and
the period which has elapsed since the day of receipt of the notices by him (or, if the two notices were not received on the same day, since the day of receipt of the later) does not exceed 3 months,
The district registrar may not issue the civil partnership schedule on a date earlier than 7 days before the date of the intended civil partnership unless authorised to do so by the Registrar General.
Before the persons present sign in accordance with section 85 the approved celebrant or, as the case may be, the authorised registrar is to require the intended civil partners to confirm that (to the best of their knowledge) the particulars set out in the civil partnership schedule are correct.
As soon as practicable after— the district registrar must cause those particulars to be entered in a register (to be known as the “civil partnership register”) supplied to him for that purpose by the Registrar General.
in the case of a civil registration, the civil partnership schedule has been signed in accordance with section 85, or
in the case of a religious or belief civil partnership, the district registrar receives the civil partnership schedule,
In the case of a religious or belief civil partnership, the parties to the civil partnership must, within 3 days of signing the civil partnership schedule in accordance with section 85(4), deliver the civil partnership schedule, or send it by post or arrange that it is delivered, to the district registrar.
The form and content of any page of that register is to be prescribed.
A fee payable by the intended civil partners for their civil registration as civil partners of each other is to be prescribed.
A civil partnership register may, if the Registrar General so determines, be electronic rather than paper-based.
The district registrar must not enter the particulars set out in the civil partnership schedule relating to a religious or belief civil partnership in the civil partnership register unless and until the registrar receives a duly signed civil partnership schedule in respect of that civil partnership.
Where the Registrar General is satisfied that— the Registrar General may direct the district registrar to complete an exact copy of the original civil partnership schedule and, so far as practicable, to arrange for its signature by those persons who signed the original schedule.
a civil partnership has been properly registered, and
the civil partnership schedule in respect of the civil partnership has been duly signed but has been lost or destroyed,
As soon as possible after the copy schedule has been signed, the district registrar must cause the particulars as set out in it to be entered into the civil partnership register.
Where an intended civil partner has a full gender recognition certificate issued under section 5(1) of the Gender Recognition Act 2004 (c. 7) and the other intended civil partner was the other party in the proceedings in which the certificate was issued, the procedures for their registration as civil partners of each other may— be expedited as follows.
if they so elect, and
if each of them submits a notice under section 88(1) within 30 days after the certificate is issued,
The registration may take place on any of the 30 days immediately following—
that on which the notices are submitted, or
(if the two notices are not submitted on the same day) that on which the later is submitted.
And accordingly there are to be disregarded—
in section 90—
in subsection (2)(b), the words from “being” to the end, and
subsection (3),
section 91(1), and
in section 94, subsection (1)(b).
This section applies where—
two people propose to register as civil partners of each other under Chapter 1 of Part 2, and
one of them (“A”) resides in Scotland but the other (“B”) resides in England or Wales.
A may submit a notice of intention to register under section 88 as if A and B intended to register as civil partners in the district in which A resides.
If the district registrar is satisfied (after consultation, if he considers it necessary, with the Registrar General) that there is no impediment (in terms of section 92(6)) to A registering as B’s civil partner, he must issue a certificate to A in the prescribed form that there is not known to be any such impediment.
But the certificate may not be issued to A earlier than 28 days after the receipt (as entered in the civil partnership notice book) of the notice under subsection (2) unless—
the circumstances are as mentioned in section 96(1), and
A makes an election for the certificate to be issued as soon as possible.
Any person may, at any time before a certificate is issued under subsection (3), submit to the district registrar an objection in writing to its issue.
Any objection made under subsection (5) must be taken into account by the district registrar in deciding whether he is satisfied that there is no legal impediment to A registering as B’s civil partner.
For the purposes of subsection (5), an objection which is submitted by electronic means is to be treated as in writing if it is received in a form which is legible and capable of being used for subsequent reference.
The following sections of the 1965 Act apply in relation to the civil partnership register as they apply in relation to the registers of births, marriages and deaths—
section 34 (examination and transmission of registers),
section 38(1) and (2) (search of indexes kept by Registrar General),
section 39C (provision of information to district registrars), and
section 44 (Register of Corrections Etc.).
Section 39A of the 1965 Act (notice of registration events to third parties) applies in relation to a civil partnership as it applies in relation to a marriage.
In that application, the reference in section 39A(2)(c) to the marriage having been registered in accordance with section 15 or 19 of the Marriage (Scotland) Act 1977 (c. 15) is to be read as a reference to the particulars of the formation of the civil partnership having been entered in the civil partnership register under section 95(2) of this Act.
No alteration is to be made in the civil partnership register except as authorised by or under this or any other Act (“Act” including an Act of the Scottish Parliament).
Any clerical error in the register or error in it of a kind prescribed may be corrected by the district registrar.
The Registrar General may authorise district examiners (“district examiner” having the meaning given by section 2(1) of the 1965 Act) to correct any error in the register of a type specified by him which they discover during an examination under section 34 of the 1965 Act.
A person (“A”) commits an offence who purports to register in Scotland as the civil partner of another person (“B”) knowing that either or both—
A is already married to or in civil partnership with a person other than B, or
B is already married to or in civil partnership with a person other than A.
A person commits an offence who knowingly—
falsifies or forges any civil partnership document (that is to say, any document issued or made, or purporting to be issued or made, or required, under this Part),
uses, or gives or sends to any person as genuine, any false or forged civil partnership document,
being an approved celebrant or, as the case may be, an authorised registrar, purports to register two people as civil partners of each other before any civil partnership schedule available to him at the time of registration has been duly completed,
not being an approved celebrant or, as the case may be, an authorised registrar, conducts himself in such a way as to lead intended civil partners to believe that he is authorised to register them as civil partners of each other,
being an approved celebrant or, as the case may be, an authorised registrar, purports to register two people as civil partners of each other without both of them being present, or
being an authorised registrar, purports to register two people as civil partners of each other in a place other than in accordance with section 93.
A person guilty of an offence under subsection (1) or (2) is liable—
on conviction on indictment, to imprisonment for a term not exceeding 2 years or to a fine (or both);
on summary conviction, to imprisonment for a term not exceeding 3 months or to a fine not exceeding the statutory maximum (or both).
Summary proceedings for an offence under subsection (1), (2) or (3A) may be commenced at any time within 3 months after evidence sufficient in the opinion of the Lord Advocate to justify the proceedings comes to his knowledge or within 12 months after the offence is committed (whichever period last expires).
A person commits an offence if the person—
registers a civil partnership in an area or place in which by virtue of section 94B(4)(b) the person is not permitted to register a civil partnership,
registers a civil partnership in contravention of section 94C(7),
being a person temporarily authorised under section 94E—
if authorised under subsection (1)(a) of that section, registers a civil partnership not specified in the authorisation,
if authorised under subsection (1)(b) of that section, registers a civil partnership outwith the period specified in the authorisation,
in either case, registers a civil partnership otherwise than in accordance with such terms and conditions as may be specified in the authorisation,
being a party to a civil partnership, fails to comply with a notice served under section 95ZA(2).
A person guilty of an offence under subsection (3A) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Subsection (3) of section 136 of the Criminal Procedure (Scotland) Act 1995 (c. 46) (time limits) has effect for the purposes of this section as it has for the purposes of that section.
A religious or belief civil partnership may be registered only on the date and at the place specified in the civil partnership schedule.
But if, for any reason, the civil partnership cannot be registered on that date or at that place and a new date or place is fixed for the registration, the district registrar must—
issue another civil partnership schedule under section 94(2) in place of that already issued, specifying the new date or place, or
substitute, or direct the approved celebrant to substitute, the new date or place in the civil partnership schedule already issued.
Subsection (2) does not apply where—
the new date is more than 3 months after the date for the registration specified in the civil partnership schedule already issued, or
the new place is in a different registration district, is in Scottish waters instead of a registration district or is in a registration district instead of Scottish waters.
In a case falling within subsection (3)(a) or (b) the Registrar General may, according to the circumstances—
direct the district registrar— (whichever the Registrar General considers the more appropriate), or
to issue another civil partnership schedule under section 94(2) in place of that already issued, specifying the new date or place, or
to substitute, or direct the approved celebrant to substitute, the new date or place in the civil partnership schedule already issued,
direct each party to the civil partnership to submit to the district registrar a new notice of proposed civil partnership.
A civil partnership between persons of the same sex may be registered by and only by—
a person who is—
a celebrant of a religious or belief body prescribed by regulations made by the Scottish Ministers, or who, not being a celebrant, is recognised by a religious or belief body so prescribed as entitled to register civil partnerships between persons of the same sex on its behalf,
registered under section 94B to register civil partnerships between persons of the same sex, or
temporarily authorised under section 94E to register civil partnerships between persons of the same sex, or
a person who is a district registrar or assistant registrar appointed under section 87.
The Scottish Ministers may prescribe a religious or belief body under subsection (1)(a)(i) only if—
the body requests them to do so, and
the Scottish Ministers are satisfied that the body meets the qualifying requirements.
A civil partnership between persons of different sexes may be registered by and only by—
a person who is—
a celebrant of a religious or belief body prescribed by regulations made by the Scottish Ministers, or who, not being a celebrant, is recognised by a religious or belief body so prescribed as entitled to register civil partnerships between persons of different sexes on its behalf,
registered under section 94B to register civil partnerships between persons of different sexes, or
temporarily authorised under section 94E to register civil partnerships between persons of different sexes, or
a person who is a district registrar or assistant registrar appointed under section 87.
The Scottish Ministers may prescribe a religious or belief body under subsection (2A)(a)(i) only if—
the body requests them to do so, and
the Scottish Ministers are satisfied that the body meets the qualifying requirements.
For the avoidance of doubt, nothing in subsection (1)(a) , (2)(a), (2A)(a) or (2B)(a)—
imposes a duty on any religious or belief body to make a request referred to in subsection (2)(a) or subsection (2B)(a),
imposes a duty on any such body to nominate under section 94B any of its members to be registered as empowered to register civil partnerships between persons of the same sex or between persons of different sexes,
imposes a duty on any person to apply for temporary authorisation under section 94E to register civil partnerships between persons of the same sex or between persons of different sexes,
imposes a duty on any person who is an approved celebrant in relation to civil partnerships to register civil partnerships between persons of the same sex or between persons of different sexes.
In this Part—
any such person as is mentioned in subsection (1)(a) or (2A)(a) is referred to as an “approved celebrant”,
a civil partnership registered by an approved celebrant is referred to as a “religious or belief civil partnership”,
a civil partnership registered by an authorised registrar is referred to as a “civil registration”.
In subsection (2)(b), the “qualifying requirements” are such requirements as may be set out in regulations made by the Scottish Ministers.
A religious or belief body, not being prescribed by virtue of section 94A(1)(a)(i), may nominate to the Registrar General any of its members who it desires should be registered under this section as empowered to register civil partnerships between persons of the same sex.
A religious or belief body, not being prescribed by virtue of section 94A(2A)(a)(i), may nominate to the Registrar General any of its members who it desires should be registered under this section as empowered to register civil partnerships between persons of different sexes.
The Registrar General must reject a nomination under subsection (1) or (1A) if in the Registrar General's opinion—
the nominating body is not a religious or belief body,
the nominee is not a fit and proper person to register a civil partnership,
there are already registered under this section sufficient members of the same body as the nominee to meet the needs of that body in relation to registering civil partnerships between persons of the same sex or, as the case may be, civil partnerships between persons of different sexes, or
the nominating body does not meet the qualifying requirements.
In subsection (2)(d), the “qualifying requirements” are such requirements as may be set out in regulations made by the Scottish Ministers.
Where the Registrar General accepts a nomination made under subsection (1), the Registrar General—
must determine the period during which the nominee is empowered to register civil partnerships, being a period of not more than 3 years,
may determine that the nominee is empowered to register civil partnerships only in such area or place as the Registrar General may specify, and
may make acceptance of the nominee's registration subject to such other conditions as the Registrar General thinks fit.
Nothing in subsection (4)(a) prevents the Registrar General from accepting a further nomination of that nominee, in accordance with this section, to take effect at any time after the end of the period determined by the Registrar General under subsection (4)(a).
The Registrar General must—
if accepting a nomination made under subsection (1) or (1A)—
so inform the nominee and the nominating body, specifying the period during which the acceptance has effect and any condition to which the acceptance is subject,
enter the name of the nominee, the nominating body and such other particulars as the Registrar General thinks fit in a register which the Registrar General must establish and maintain and which must be made available for public inspection at all reasonable times free of charge,
if rejecting a nomination made under subsection (1) or (1A), by notice in writing inform the nominating body of the reasons for that rejection.
The register mentioned in subsection (6)(a)(ii) is to be in two parts—
the first part containing the details mentioned in subsection (6)(a)(ii) in relation to persons nominated by religious or belief bodies to register civil partnerships between persons of the same sex, and
the second part containing those details in relation to persons nominated by religious or belief bodies to register civil partnerships between persons of different sexes.
For the purposes of subsection (6)(b), notice which is given by electronic means is to be treated as in writing if it is received in a form which is legible and capable of being used for subsequent reference.
If the nominating body is aggrieved by a rejection under this section it may, within 28 days of receiving notice of the rejection, appeal to the Scottish Ministers.
On any such appeal the Scottish Ministers may— and must inform the nominating body of their decision and the reason for it; and their decision is final.
direct the Registrar General to accept the nomination, or
confirm the rejection of the nomination,
If a reason given for confirming the rejection of a nomination is that the nominating body is not a religious or belief body, the body may, within 42 days of receiving notice of the confirmation, appeal against the decision to the Court of Session and seek the determination of that court as to whether the body is a religious or belief body.
If— the Registrar General must give effect to the determination as if it were a direction under subsection (9)(a) to accept the nomination.
the Court determines that the nominating body is a religious or belief body, and
the reason mentioned in subsection (10) was the only reason given for confirming the rejection of the nomination,
Subject to the provisions of this section, the Registrar General may remove the name of a person registered under section 94B from the register on the ground that—
the person has requested that the person's name should be so removed,
the body which nominated the person under section 94B(1) or (1A) no longer desires that the person should be so registered,
the person—
has, while registered as an approved celebrant, been convicted of an offence under this Part,
has, for the purpose of profit or gain, been carrying on a business of registering civil partnerships,
is not a fit and proper person to register civil partnerships, or
for any other reason, should not be registered as an approved celebrant.
The Registrar General may not remove the name of a person from the register on any ground mentioned in subsection (1)(c) unless the Registrar General has given the person at least 21 days notice in writing of the intention to do so.
For the purposes of subsection (2), notice which is given by electronic means is to be treated as in writing if it is received in a form which is legible and capable of being used for subsequent reference.
The Registrar General must—
in the notice given under subsection (2), specify the ground of removal and call upon the person to give any reasons, within the period specified in the notice, why the person's name should not be removed from the register, and
consider any representations made within that period by the person.
Where a person's name has been removed from the register on any of the grounds mentioned in paragraph (c) of subsection (1), the person or the body which nominated the person under section 94B(1) or (1A) may, if aggrieved by the removal, within 28 days of receiving notice of the removal appeal to the Scottish Ministers.
On an appeal under subsection (5) the Scottish Ministers may give any direction they think proper to the Registrar General as to the removal from, or restoration to, the register of the person's name; and such direction is final.
Where a person has received a notice in pursuance of subsection (2), the person must not register a civil partnership unless and until the person's name is restored to the register or, as the case may be, the Registrar General has decided not to remove the person's name from the register.
A body registered in pursuance of section 94B(6)(a)(ii) must notify the Registrar General of any of the following events (if practicable, within 21 days of its occurrence)—
any change in the name or the address of the body or any amalgamation with any other religious or belief body, giving the name and address of any approved celebrant who is a member of the body so registered,
the death of an approved celebrant who is a member of the body so registered,
any change of name, address or designation of an approved celebrant who is a member of the body so registered,
the cessation of an approved celebrant who is a member of the body so registered from exercising the functions of an approved celebrant, giving the person's name and address.
The Registrar General must, on receipt of any such notification, make whatever alteration to the register maintained under section 94B the Registrar General considers necessary or desirable.
The Registrar General may, in accordance with such terms and conditions as may be specified in the authorisation, grant to any member of a religious or belief body a temporary written authorisation to register—
a civil partnership or partnerships specified in the authorisation, or
civil partnerships during such period as is specified in the authorisation.
The Registrar General may grant an authorisation to a person under subsection (1) only if satisfied that the religious or belief body of which the person is a member meets the qualifying requirements.
An authorisation under subsection (1)(b) may be granted in relation to—
civil partnerships between persons of the same sex only,
civil partnerships between persons of different sexes only, or
both.
The Registrar General may grant an authorisation to a person under subsection (1)(b) in relation to civil partnerships between persons of the same sex only if the religious or belief body of which the person is a member—
is prescribed by virtue of section 94A(1)(a)(i), or
has nominated members (whether or not including that person) under section 94B(1).
The Registrar General may grant an authorisation to a person under subsection (1)(b) in relation to civil partnerships between persons of different sexes only if the religious or belief body of which the person is a member—
is prescribed by virtue of section 94A(2A)(a)(i), or
has nominated members (whether or not including that person) under section 94B(1A).
In subsection (2), the “qualifying requirements” are such requirements as may be set out in regulations made by the Scottish Ministers.
For the purposes of subsection (1), an authorisation which is issued by electronic means is to be treated as written if it is received in a form which is legible and capable of being used for subsequent reference.
Where the civil partnership schedule is not delivered to the district registrar within 21 days from the date of registration as entered in the schedule, the registrar may serve a notice in the prescribed form on either of the parties to the civil partnership requiring that party within 8 days from the date of service to deliver the schedule, or send it by post, to the registrar.
If a person on whom a notice has been served under subsection (1) fails to comply with the notice, the district registrar may serve on the person a second notice in the prescribed form requiring the person to attend personally at the registration office of the district registrar, within 8 days from the date of service of the second notice, for the purpose of delivering the civil partnership schedule to the district registrar to enable the registrar to enter the civil partnership in the civil partnership register.
Subsection (2) applies where the particulars set out in a civil partnership schedule signed in accordance with section 85 are entered in the civil partnership register in pursuance of section 95(2) or (3C).
The validity of the registration as civil partners to which the schedule relates is not to be questioned in any legal proceedings on the ground of failure to comply with a requirement or restriction imposed by or under this Part.
Subsection (2)—
is subject to section 85(2), and
does not prejudice section 100.
Subsection (2) applies where—
two people have registered a specified relationship (within the meaning of section 213) or a relationship which meets the general conditions (within the meaning of section 214), whether before or after section 10 of the Civil Partnership (Scotland) Act 2020 comes into force, and
that relationship would result in them being treated as having formed a civil partnership under the law of Scotland (by virtue of section 1(1)(b) and Chapter 2 of Part 5) but for the fact that they cannot prove that the relationship has been registered as mentioned in section 212(1)(b).
An authorised registrar may, on an application made by the parties to the relationship, subject to the approval of the Registrar General and to subsection (3), register their civil partnership as if they had not already registered that relationship with each other.
Sections 85 to 100 apply for the purpose of registering a civil partnership under this section as they apply to registering a civil partnership under section 1, subject to the modifications set out in subsections (4) to (11).
Section 85 (formation of civil partnership by registration) applies as if the words “the approved celebrant or, as the case may be,”, in both places where they occur, were omitted.
Section 86 (eligibility) does not apply in respect of the parties already being in civil partnership with each other.
Section 88 (notice of proposed civil partnership) applies as if after subsection (1) there were inserted—.
Section 93A does not apply.
Section 94 (the civil partnership schedule) applies as if after subsection (1) there were inserted—.
Section 94A (persons who may register civil partnerships) applies as if subsections (1)(a), (2), (2A)(a), (2B), (3), (4)(a) and (b) and (5) were omitted.
Sections 94B to 94E do not apply.
Section 95 (further provision as to registration) applies as if after subsection (2) there were inserted—.
Where, apart from the provisions of this Chapter, one civil partner in a civil partnership is entitled, or permitted by a third party, to occupy a family home of the civil partnership (that civil partner being referred in this Chapter as an “entitled partner”) and the other civil partner is not so entitled or permitted (a “non-entitled partner”), the non-entitled partner has, subject to the provisions of this Chapter, the following rights—
if in occupation, a right to continue to occupy the family home;
if not in occupation, a right to enter into and occupy the family home.
The rights conferred by subsection (1) to continue to occupy or, as the case may be, to enter and occupy the family home include, without prejudice to their generality, the right to do so together with any child of the family.
In subsection (1), an “entitled partner” includes a civil partner who is entitled, or permitted by a third party, to occupy the family home along with an individual who is not the other civil partner only if that individual has waived a right of occupation in favour of the civil partner so entitled or permitted.
If the entitled partner refuses to allow the non-entitled partner to exercise the right conferred by subsection (1)(b), the non-entitled partner may exercise that right only with the leave of the Court of Session or the sheriff under section 103(3) or (4).
A non-entitled partner may renounce in writing the rights mentioned in paragraphs (a) and (b) of subsection (1) only—
in a particular family home, or
in a particular property which it is intended by the civil partners will become their family home.
A renunciation under subsection (5) has effect only if, at the time of making the renunciation, the non-entitled partner swears or affirms before a notary public that it is made freely and without coercion of any kind.
In this Part—
“annulment” includes any order annulling a civil partnership, however expressed;
In its application to an overseas relationship between persons of different sexes entered into before this subsection comes into force, subsection (2) is subject to—
any provision to the contrary made by or under any enactment,
regulations under subsection (3B).
The Scottish Ministers may by regulations provide for subsection (2)—
to have effect subject to provision made by the regulations, or
not to apply in cases specified in the regulations.
Regulations under subsection (3B)—
may include consequential, supplementary, incidental, transitional, transitory or saving provision,
are subject to the negative procedure.
In the case of a relationship that is— subsection (5B) or (as the case may be) subsections (5C) and (5D) apply in place of subsections (3) to (5).
an overseas relationship treated as a civil partnership for the purposes of this Act only as a result of the amendments made by the Civil Partnership (Opposite-sex Couples) Regulations 2019 (“the 2019 Regulations”), and
registered (under the relevant law) as having been entered into before the 2019 Regulations come into force,
The time when the two people are treated as having formed a civil partnership is the time when the 2019 Regulations come into force.
But if—
before the 2019 Regulations come into force, a dissolution or annulment of the overseas relationship was obtained outside the United Kingdom, and
the dissolution or annulment would be recognised under Chapter 3 if the overseas relationship had been treated as a civil partnership at the time of the dissolution or annulment,
Sections 3(2) and 5(3)
“part of the United Kingdom” means England and Wales, Scotland or Northern Ireland;
In this Part— References in this Part to the Board assuming responsibility for a scheme are to the Board assuming responsibility for the scheme in accordance with—
This paragraph applies if any arrears are due under— and the arrears became due more than 12 months before proceedings to enforce the payment of them are begun. A person is not entitled to enforce through the court the payment of the arrears without the leave of that court. The court hearing an application for the grant of leave under this paragraph may—
If a maintenance agreement includes a provision purporting to restrict any right to apply to a court for an order containing financial arrangements—
that provision is void, but
any other financial arrangements contained in the agreement—
are not void or unenforceable as a result, and
unless void or unenforceable for any other reason, are (subject to paragraphs 62 and 66) binding on the parties to the agreement.
If a court decides to make an order under paragraph 62 altering an agreement— it may specify such term as it thinks fit as the term for which the payments or, as the case may be, the additional payments attributable to the increase are to be made under the altered agreement, except that the term must not extend beyond the limits in sub-paragraphs (2) and (3). The limits if the payments are not to be secured are— The limits if the payments are to be secured are— Sub-paragraph (5) applies if a court decides to make an order under paragraph 62 altering an agreement by— The court, in deciding the term for which under the agreement as altered by the order the payments, or the additional payments attributable to the increase, are to be made or secured for the benefit of the child, must apply paragraph 44(2) to (5) (age limits) as if the order in question were a periodical payments or secured periodical payments order in favour of the child.
The fact that— had to be made in order to comply with a property adjustment order does not prevent the settlement or transfer from being a transaction in respect of which an order may be made under Article 312 or 313 of the Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19)) (transfers at an undervalue and preferences).
a settlement, or
a transfer of property,
References in this Schedule to— are references to such of the orders that may be made under Parts 1 and 8 (other than interim orders) as are relevant in the context of the reference in question. In this Schedule “child of the family”, in relation to two people who are the civil partners of each other, means— In sub-paragraph (2) “authority” and “voluntary organisation” have the same meaning as in the Children (Northern Ireland) Order 1995 (S.I. 1995/ 755 (N.I. 2)). In this Schedule “the court” has the meaning given by section 188. References in this Schedule to a subsequent civil partnership include a civil partnership which is by law void or voidable. References in this Schedule to a subsequent marriage include a marriage which is by law void or voidable.
If— the other civil partner may apply to the court for an order under this Part. An application made under sub-paragraph (1) must specify the total amount of the payments made by the respondent during the period of 3 months immediately preceding the date of the making of the application. If on an application for an order under this Part the court is satisfied that the respondent has made the payments specified in the application, the court may make one or both of the orders set out in paragraph 16. Sub-paragraph (3) is subject to the provisions of this Schedule.
Sub-paragraph (2) applies if on an application under this Part the court considers that the orders which it has the power to make under this Part— The court—
An interim order is an order requiring the respondent to make such periodical payments as the court thinks reasonable— In relation to an interim order in respect of an application for an order under Part 2 by the civil partner who has agreed to make the financial provision specified in the application, sub-paragraph (1) applies as if—
Subject to sub-paragraphs (2) and (3), an interim order made on an application for an order under Part 1, 2 or 3 ceases to have effect on the earliest of the following dates— If an interim order made under this Part would, but for this sub-paragraph, cease to have effect under sub-paragraph (1)(a) or (b)— may by order provide that the interim order is to continue in force for a further period. An order continued in force under sub-paragraph (2) ceases to have effect on the earliest of the following dates—
Subject to sub-paragraph (5), no order is to be made under paragraph 2(1)(c) or (d) or Part 3 in favour of a child who has reached 18. The term to be specified in a periodical payments order made under paragraph 2(1)(c) or Part 3 in favour of a child may begin with— The term to be specified in such an order— In sub-paragraph (3)(a) “compulsory school age” has the meaning given in Article 46 of the Education and Libraries (Northern Ireland) Order 1986 (S.I. 1986/594 (N.I. 3)). Sub-paragraphs (1) and (3)(b) do not apply in the case of a child if it appears to the court that— Any order made under paragraph 2(1)(c) or Part 3 in favour of a child, regardless of anything in the order, ceases to have effect on the death of the person liable to make payments under the order. An order made under paragraph 2(1)(c) or Part 3 in favour of a child to whom sub-paragraph (5)(a) applies ceases to have effect if the child ceases to receive instruction or undergo training as mentioned in sub-paragraph (5)(a). If an order made under paragraph 2(1)(c) or Part 3 ceases to have effect by virtue of an event mentioned in sub-paragraph (7), the person to whom the periodical payments are directed by the order to be made must give notice of the event to the court. A person who without reasonable excuse fails to give notice as required by sub-paragraph (8) is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale. If— the term to be specified in any such order made on that application may be expressed to begin on, or at any time after, the earliest permitted date. “The earliest permitted date” is whichever is the later of— If— the term to be specified in any such order, or in any interim order under Part 4, made on that application, may begin with the relevant date or any later date. “The relevant date” means the date on which the maintenance calculation ceased to have effect. In this Schedule “maintenance calculation” means a calculation of maintenance made under the Child Support (Northern Ireland) Order 1991 and includes, except in circumstances prescribed for the purposes of the definition of that expression in Article 2(2) of that Order, a default or interim maintenance decision within the meaning of that Order.
An order made under this Part which varies an order for the making of periodical payments may provide that the payments as so varied are to be made from such date as the court may specify, except that, subject to paragraph 33, the date must not be earlier than the date of the making of the application under this Part.
This Part of this Schedule applies if the civil partnership is to be formed in Northern Ireland.
No action must be taken under section 140(1) or 143 (civil partnership notice book and civil partnership schedule) unless the prescribed registrar is satisfied by the production of specified evidence that the person fulfils the qualifying condition. If the prescribed registrar is satisfied as mentioned in sub-paragraph (1) but is not the registrar for the purposes of section 140(1), the prescribed registrar must send him the civil partnership notices and he is to be treated as having received them when the prescribed registrar received them. “Specified evidence” means such evidence as may be specified in guidance issued by the Secretary of State after consultation with the Registrar General.
Amend section 2 (restriction of publicity for certain matrimonial etc. proceedings) as follows. In subsection (1), after paragraph (d) insert—. In subsection (3), after “(1)(d)” insert “or (db)”.
In section 114 (supplementary provisions as to rights of entry and related rights), in subsection (4), for “married) the husband or wife” substitute “married or a civil partner) the spouse or civil partner”.
In Schedule 1 (maintenance orders to which the 1971 Act applies), after paragraph 14 insert—
In section 95 (pecuniary interests for purposes of section 94), after subsection (3) insert—
In section 10 (temporary continuance of licence on death), for “his personal representative, or of his widow or any other member of his family, until the expiration of two months from his death,” substitute “the deceased’s personal representative, or widow or widower or surviving civil partner or any other member of the deceased’s family, until the end of two months from the deceased’s death,”.
In section 3 (application for financial provision not affected by forfeiture rule), in subsection (2), for paragraph (b) and the word “and” immediately preceding it substitute—
In section 3(3) (succession to agreements to which Act applies), for “or widower” (in each place) substitute “, widower or surviving civil partner”.
Amend section 80 (compellability of accused’s spouse) as follows. In subsections (2), (2A) and (3), for “wife or husband” (in each place) substitute “spouse or civil partner”. After subsection (5) insert— In the heading to section 80, after “accused’s spouse” insert “or civil partner”.
In section 47 (savings for certain privileges), in subsection (2), after “spouse” insert “or civil partner”.
Amend section 8 (residence, contact and other orders with respect to children) as follows. After subsection (4)(b) insert—. After subsection (4)(e) insert—.
In section 43 (continuance of registration or licence on death) in subsection (2), for the words from “the deceased’s personal representative” to “his death” substitutethe deceased’s personal representative, or widow or widower or surviving civil partner or any other member of the deceased’s family, until the end of—.
In section 9(1)(a) (joint and several liability for council tax of married couple resident in same dwelling), after “is married to” insert “, or is the civil partner of,”. After section 9(3) insert— In section 18(1)(b) (power to make regulations to deal with death of a person liable for council tax as a spouse under section 9), after “spouse” insert “or civil partner”.
After section 24 insert—
In section 96 (general notices and recording of disclosures for purposes of section 94), in subsection (1), after “spouse” (in each place) insert “or civil partner”.
In section 5(3) (meaning of “member of another’s family”)—
after “spouse,” insert “civil partner,”
in paragraph (a), after “marriage” insert “or civil partnership”, and
in the words after paragraph (b), after “as husband and wife” insert “or as if they were civil partners”.
In section 80A (rule where accused’s spouse not compellable)—
for “wife or husband” substitute “spouse or civil partner”, and
in the heading, after “spouse” insert “or civil partner”.
In section 48 (powers to assist in discovery of children who may be in need of emergency protection), in subsection (2), after “spouse” insert “or civil partner”.
In section 166 (regulations and orders), in subsection (6)(b) after “24(3)” insert “, 24A(3)”.
If— the court may, in exercise of its powers under this Part to vary or revoke the order, direct that the variation or revocation is to take effect from the date on which the calculation took effect or any later date. If— the court may, in exercise of its powers under this Part to vary or revoke the civil partner’s order, direct that the variation or revocation is to take effect from the date on which the child order became so affected or any later date. For the purposes of sub-paragraph (2), an order is affected if it ceases to have effect or is modified by or under Article 12 of the 1991 Order.
In section 50 (recovery of abducted children etc.), in subsection (11), after “spouse” insert “or civil partner”.
In section 98 (self-incrimination), in subsections (1) and (2), after “spouse” insert “or civil partner”.
Adoptive child Adoptive parent Child Former adoptive child Former adoptive parent Grandparent Grandchild Parent Parent’s sibling Sibling Sibling’s child In the list “sibling” means a brother, sister, half-brother or half-sister.
Two people are within prohibited degrees of relationship if one of them falls within the list below in relation to the other, unless— “Child of the family”, in relation to another person, means a person who—
In exercising the powers conferred by this Part the court must, so far as it appears to the court just to do so, give effect to any agreement which has been reached between the civil partners in relation to the application. If— the court must have regard to all the circumstances of the case, giving first consideration to the welfare while under 18 of any child of the family who has not reached 18. Those circumstances include any change in any of the matters—
If an order made by a magistrates' court under this Schedule for the making of periodical payments to or in respect of a child (other than an interim order) ceases to have effect— the child may apply to the court which made the order for an order for its revival. If on such an application it appears to the court that— the court may by order revive the order from such date as the court may specify, not being earlier than the date of the making of the application. Any order revived under this paragraph may be varied or revoked under paragraphs 30 to 34 in the same way as it could have been varied or revoked had it continued in being.
Subject to section 2 of the Family Law Act 1986 (c. 55) and section 70 of the Magistrates' Courts Act 1980 (c. 43) and any determination of the Lord Chancellor, a magistrates' court has jurisdiction to hear an application for an order under this Schedule if it acts in, or is authorised by the Lord Chancellor to act for, a local justice area in which either the applicant or the respondent ordinarily resides at the date of the making of the application. Any jurisdiction conferred on a magistrates' court by this Schedule is exercisable even if any party to the proceedings is not domiciled in England and Wales.
Either of the civil partners may make an application to the court for an order under paragraph 9 or 13. The rights conferred by sub-paragraph (1) are subject to— An application for an order under paragraph 9 or 13 must be made in a manner prescribed by rules of court.
Where— the court may, subject to sub-paragraph (4), make an interim order for maintenance. An interim order for maintenance is one requiring the other civil partner to make— such periodical payments as the court thinks reasonable for such term as the court thinks reasonable. The term must be one— If it appears to the court that the court will, in the event of an application being made under the leave, have jurisdiction to entertain the application only under paragraph 7(4), the court shall not make an interim order under this paragraph. An interim order under this paragraph may be made subject to such conditions as the court thinks fit.
Before deciding the application, the court must consider whether in all the circumstances of the case it would be appropriate for an order of the kind applied for to be made by a court in England and Wales. If the court is not satisfied that it would be appropriate, the court shall dismiss the application. The court must, in particular, have regard to the following matters—
Sub-paragraphs (2) to (4) apply where the court has jurisdiction to entertain an application for an order under paragraph 9 only because a dwelling-house which was a civil partnership home of the civil partners is situated in England or Wales. The court may make under paragraph 9 any one or more of the following orders (but no other)— Where under paragraph 9 the court makes just one order for the payment of a lump sum by one of the civil partners, the amount of the lump sum must not exceed the amount specified in sub-paragraph (5). Where under paragraph 9 the court makes two or more orders each of which is an order for the payment of a lump sum by the same civil partner, the total of the amounts of the lump sums must not exceed the amount specified in sub-paragraph (5). That amount is— Where the interest of one of the civil partners in the dwelling-house is held jointly or in common with any other person or persons— In sub-paragraph (2)—
The following provisions of Schedule 5 apply in relation to an order made under paragraph 5 or 9 of this Schedule as they apply in relation to a like order made under that Schedule— Sub-paragraph (1)(d) does not apply where the court has jurisdiction to entertain an application for an order under paragraph 9 only because a dwelling-house which was a civil partnership home of the civil partners is situated in England or Wales. Paragraph 27 of Schedule 5 (change of pension arrangement under which rights are shared) applies in relation to an order made under paragraph 9 of this Schedule by virtue of sub-paragraph (1)(d) above as it applies to an order made under Part 1 of Schedule 5 by virtue of paragraph 25 or 26 of that Schedule. The Lord Chancellor may by regulations make for the purposes of this Schedule provision corresponding to any provision which may be made by him under paragraph 28(1) to (3) of Schedule 5 (supplementary provision about orders relating to pensions under Part 1 of that Schedule). The power to make regulations under this paragraph is exercisable by statutory instrument which is subject to annulment in pursuance of a resolution of either House of Parliament.
In this Schedule—
any Measure of the Church Assembly or of the General Synod of the Church of England, or
An order under this Part requiring one civil partner to pay the other a lump sum may be made for the purpose of enabling the other civil partner to meet any liabilities or expenses reasonably incurred by the other in maintaining— before making an application for an order under this Part in his or her favour. An order under this Part requiring a lump sum to be paid to or for the benefit of a child of the family may be made for the purpose of enabling any liabilities or expenses reasonably incurred by or for the benefit of the child before making an application for an order under this Part to be met. An order under this Part for the payment of a lump sum may— Sub-paragraphs (1) to (3) do not restrict the powers to make the orders set out in paragraph 2(1)(c) and (f). If the court— it may provide for the deferred amount or the instalments to carry interest at such rate as may be specified from such date as may be specified until the date when payment of it is due A date specified under sub-paragraph (5) must not be earlier than the date of the order. “Specified” means specified in the order.
If a property adjustment order is made on or after making a dissolution or nullity order, neither the property adjustment order nor any settlement made under it takes effect unless the dissolution or nullity order has been made final. This paragraph does not affect the power to give a direction under paragraph 71 (settlement of instrument by conveyancing counsel).
A pension sharing order is an order which— Shareable rights under a pension arrangement are rights in relation to which pension sharing is available under— Shareable state scheme rights are rights in relation to which pension sharing is available under— In this Part “pension arrangement” means— In sub-paragraph (4)—
A pension sharing order is not to take effect unless the dissolution or nullity order on or after which it is made has been made final. No pension sharing order may be made so as to take effect before the end of such period after the making of the order as may be prescribed by regulations made by the Lord Chancellor. The power to make regulations under sub-paragraph (2) is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)). Regulations under sub-paragraph (2) are subject to annulment in pursuance of a resolution of either House of Parliament in the same manner as a statutory instrument; and section 5 of the Statutory Instruments Act 1946 (c. 36) applies accordingly.
The orders are— In this Part “specified” means specified in the order.
This paragraph applies if an application under paragraph 34 is made on the ground mentioned in paragraph 34(1)(b). In deciding— the court must have regard to all the circumstances of the case. Those circumstances include— Paragraph 16(2)(c) (as it applies by virtue of paragraph 17(2)(e)) has effect as if for the reference in it to the breakdown of the civil partnership there were substituted a reference to— reasonable maintenance for the child of the family to whom the application relates.
The court may specify in a periodical payments or secured periodical payments order in favour of a civil partner such term as it thinks fit, except that the term must not— The limits in the case of a periodical payments order are— The limits in the case of a secured periodical payments order are— In the case of an order made on or after the making of a dissolution or nullity order, sub-paragraphs (1) to (3) are subject to paragraphs 18(3) and 52(4). If a periodical payments or secured periodical payments order in favour of a civil partner is made on or after the making of a dissolution or nullity order, the court may direct that that civil partner is not entitled to apply under paragraph 46 for the extension of the term specified in the order. If— the order ceases to have effect (regardless of anything in it) on the formation of a subsequent civil partnership or marriage by that civil partner, except in relation to any arrears due under it on the date of its formation.
If the court has made an order referred to in paragraph 45(1)(a), (b), (c) or (d), it may remit the payment of any arrears due under the order or under any part of the order. Sub-paragraph (1) is subject to the provisions of this Part.
This paragraph applies if the court decides to make— or if it gives directions for the disposal of any property. The court may direct that the matter be referred to a conveyancing counsel appointed by the court for him to settle a proper instrument to be executed by all necessary parties. If the order referred to in sub-paragraph (1) is to be made in proceedings for a dissolution, nullity or separation order, the court may, if it thinks fit, defer the making of the dissolution, nullity or separation order until the instrument has been duly executed.
Sub-paragraphs (2) and (3) apply if an appeal against a pension sharing order is begun on or after the day on which the order takes effect. If the pension sharing order relates to a person’s rights under a pension arrangement, the appeal court may not set aside or vary the order if the person responsible for the pension arrangement has acted to his detriment in reliance on the order taking effect. If the pension sharing order relates to a person’s shareable state scheme rights, the appeal court may not set aside or vary the order if the Department for Social Development has acted to its detriment in reliance on the taking effect of the order. In determining for the purposes of sub-paragraph (2) or (3) whether a person or the Department has acted to his or its detriment in reliance on the taking effect of the order, the appeal court may disregard any detriment which in its opinion is insignificant. Where sub-paragraph (2) or (3) applies, the appeal court may make such further orders (including one or more pension sharing orders) as it thinks fit for the purpose of putting the parties in the position it considers appropriate. Paragraph 14 only applies to a pension sharing order under this paragraph if the decision of the appeal court can itself be the subject of an appeal. In sub-paragraph (2), the reference to the person responsible for the pension arrangement is to be read in accordance with paragraph 24(3).
The orders are— The amount of a lump sum specified under sub-paragraph (1)(b) or (d) must not exceed— The power to make an order under sub-paragraph (2) is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)). An order under sub-paragraph (2) is subject to annulment in pursuance of a resolution of either House of Parliament in the same manner as a statutory instrument; and section 5 of the Statutory Instruments Act 1946 (c. 36) applies accordingly. “Specified” means specified in the order.
This paragraph applies in relation to the exercise by the court of its power to make an order by virtue of paragraph 2(1)(a) or (b). The court must in particular have regard to—
If on hearing an application for an order under this Part a court of summary jurisdiction is of the opinion that any of the matters in question between the civil partners would be more suitably dealt with by the High Court, the court of summary jurisdiction must refuse to make any order on the application. No appeal lies from a refusal under sub-paragraph (1). But, in any proceedings in the High Court relating to or comprising the same subject matter as an application in respect of which a court of summary jurisdiction has refused to make any order, the High Court may order the application to be reheard and determined by a court of summary jurisdiction acting for the same petty sessions district as the court which refused to make any order.
If the court has made an order for the making of periodical payments under Part 2 or 3, it may, on an application made under this Part— If the court has made an order under Part 4, it may, on an application made under this Part— except that it may not by virtue of this sub-paragraph extend the period for which the order is in force.
In section 3(2)(c) (abuse of position of trust: defence), after “to” insert “, or in civil partnership with,”.
Amend section 71 (meaning of “family”) as follows. In subsection (2)(a), after “spouse” insert “or civil partner”, and In subsection (3)(a), after “marriage” insert “or by virtue of civil partnership”.
Amend Article 21 (supply of pension information in connection with divorce etc.) as follows. After paragraph (1)(a)(i) insert—. In paragraph (1)(a)(ii), after “1984” insert “or Schedule 5 or 7 to the 2004 Act”. In paragraph (1)(a)(iii), after “1984” insert “or Schedule 11 to the 2004 Act”. In paragraph (1)(b), after “(a)(i)” insert “, (ia)”.
Amend Article 22 (charges by pension arrangements in relation to earmarking orders) as follows. After paragraph (a) insert—. At the end of paragraph (b) omit “or” and after that paragraph insert—.
Amend Article 25 (activation of pension sharing) as follows. After paragraph (1)(a) insert—. After paragraph (1)(b) insert—.
Amend Article 31 (“implementation period”) as follows. In paragraph (1)(b)(i), omit “matrimonial”. In paragraph (2)—
Amend Article 45 (activation of benefit sharing) as follows. After paragraph (1)(a) insert—. After paragraph (1)(b) insert—.
In section 4(2)(b) (special provisions for agricultural employees: “occupier” includes surviving spouse of former tenant), for “widow or widower” (in each place) substitute “surviving spouse or surviving civil partner”.
In sections 35(2) and 49(3) (interpretation respectively of sections 36 to 48, and sections 49 to 58, etc.), amend the definition of “close relative” as follows. In paragraph (a), for “or husband” substitute “, husband or civil partner”. In paragraph (d), after “marriage” (in each place) insert “or civil partnership”.
In section 7(3) (which refers to section 149(6) of the Law of Property Act 1925), after “marriage of” insert “, or formation of a civil partnership by,”.
Amend section 29A (spouses having statutory rights of occupation) as follows. In subsection (1)— In subsection (2) for “matrimonial home rights” substitute “home rights”. In the heading to section 29A, after “spouses” insert “and civil partners”.
Two people are within prohibited degrees of relationship if one falls within column 1 of the table below in relation to the other, unless—
both of them have reached 21 at the time when they register as civil partners of each other, and
the persons who fall within column 2 are dead. Relationship Relevant deaths Former civil partner of child The child The child’s other parent Former spouse of child The child The child’s other parent Parent of former civil partner The former civil partner The former civil partner’s other parent Parent of former spouse The former spouse The former spouse’s other parent
In section 36 (eligible person may apply for new tenancy on death of tenant), after subsection (4) insert—
In section 50 (eligible person may apply for new tenancy on retirement of tenant), after subsection (3) insert—
Amend Schedule 6 (eligibility to apply for new tenancy under Part 4) as follows. In paragraph 1(2) (control of body corporate by deceased’s close relative)— Any reference in this Schedule to the civil partner of a close relative of the deceased does not apply in relation to any time when the relative’s civil partnership is subject to— In paragraph 6(2) (no disregard of occupation by relative under tenancy granted by his spouse), after “spouse” insert “or civil partner”. In paragraph 9(1)(a) (occupation by spouse of relative treated as occupation by relative), after “spouse” insert “, or civil partner,”. In paragraph 9(2) (cases involving joint occupation by spouse, or controlled body, and another)— In paragraph 10(3)(a) (meaning of “connected person”), after “spouse” insert “or civil partner”. In the italic heading before each of paragraphs 9 and 10, after “spouse” insert “, civil partner”.
regulations under this section.
This paragraph applies where two people are subject to paragraph 3 but intend to register as civil partners of each other by signing a civil partnership schedule. The fact that a notice of proposed civil partnership has been given must not be recorded in the register unless the registration authority is satisfied by the production of evidence—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
state in relation to each appropriate person—
that that person’s consent has been obtained,
that the need to obtain that person’s consent has been dispensed with under paragraph 3, or
that the court has given consent under paragraph 3 or 4, or
state that no person exists whose consent is required to a civil partnership between the child and another person.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The court may specify in a periodical payments order made under paragraph 2(1)(a) or Part 3 in favour of a civil partner such term as it thinks fit, except that the term must not— If— the periodical payments order ceases to have effect (regardless of anything in it) on the formation of a subsequent civil partnership or marriage by that civil partner, except in relation to any arrears due under the order on the date of that event.
Sub-paragraph (2) applies if periodical payments are required to be made to a civil partner (whether for the civil partner’s own benefit or for the benefit of a child of the family)— The order is enforceable even though— but the order ceases to have effect if after that date the parties continue to live with each other, or resume living with each other, for a continuous period exceeding 6 months. Sub-paragraph (4) applies if— Unless the court otherwise directs, the order continues to have effect and is enforceable even if— An order made under Part 3, and any interim order made on an application for an order under that Part, ceases to have effect if the civil partners resume living with each other. If an order made under this Schedule ceases to have effect under— a magistrates' court may, on an application made by either civil partner, make an order declaring that the order ceased to have effect from such date as the court may specify.
If it appears to the court, on application by one of the persons (“A”) who formed a civil partnership— the court may make such order as it thinks fit for restraining B from taking such action as is mentioned in paragraph (c). Sub-paragraph (1) applies even if the date of the dissolution, annulment or legal separation is earlier than the date on which that sub-paragraph comes into force. Sub-paragraph (4) applies where— It shall be presumed, unless the contrary is shown, that the person who— did so, or (as the case may be) is about to do so, with the intention of defeating the applicant’s claim. A reference in this paragraph to defeating a person’s claim is a reference to preventing financial relief being granted, or reducing the amount of financial relief which might be granted, under paragraph 5 or 9 at the instance of that person.
This paragraph applies if an application has been made for an order under Part 1, 2 or 3. The court may make an interim order— The High Court may make an interim order on ordering the application to be reheard by a court (after the refusal of an order under paragraph 8). The county court may make an interim order on an appeal from the order made by the court on the application at any time before making a final order on, or dismissing, an appeal made by virtue of paragraph 46. Not more than one interim order may be made with respect to an application for an order under Part 1, 2 or 3. Sub-paragraph (5) does not affect the power of a court to make an interim order on a further application under Part 1, 2 or 3.
If an order under Part 1, 2 or 3 made by the county court on an appeal from the court provides for payments to be made from a date earlier than the date of the making of the order, the interim order may provide that payments made by the respondent under an order made by the court are to be treated, to such extent and in such manner as may be provided by the interim order, as having been paid on account of any payment provided for by the interim order. In relation to an interim order in respect of an application for an order under Part 2 by the civil partner who has agreed to make the financial provision specified in the application, sub-paragraph (1) applies as if the reference to the respondent were a reference to the applicant.
Subject to sub-paragraph (3), paragraph 26 applies in relation to an order under Part 2 which requires periodical payments to be made to a civil partner for his own benefit as it applies in relation to an order under paragraph 2(1)(a). Subject to sub-paragraph (3), paragraph 27 applies in relation to an order under Part 2 for the making of financial provision in respect of a child of the family as it applies in relation to an order under paragraph 2(1)(c) or (d). If— the term which may be specified under Part 2 as the term for which the payments are to be made may begin with the date of the making of the application for the order under Part 1 or any later date.
If the court has made an order under paragraph 2(1)(a) or (c) for the making of periodical payments, it may, on an application made under this Part, make an order for the payment of a lump sum under paragraph 2(1)(b) or (d). If the court has made an order under Part 2 for the making of periodical payments by a civil partner, it may, on an application made under this Part, make an order for the payment of a lump sum by that civil partner— Where the court has power by virtue of this paragraph to make an order for the payment of a lump sum— Where— the court may, regardless of sub-paragraph (3), make an order for the payment of a lump sum of that amount.
The power of the court under paragraphs 30 to 34 to vary an order for the making of periodical payments includes power, if the court is satisfied that payment has not been made in accordance with the order, to exercise one of its powers under Article 85(3)(a) to (d) of the Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)). Sub-paragraph (1) is subject to paragraph 37.
If in the exercise of its powers under Article 97 of the 1981 Order the court orders that a lump sum required to be paid under this Schedule is to be paid by instalments, the court, on an application made by either the person liable to pay or the person entitled to receive that sum, may vary that order by varying— On the hearing of a complaint for the enforcement, revocation, suspension or variation of an order under this Schedule which provides for the payment of a lump sum the court may remit the whole or any part of that sum.
Sub-paragraphs (3) and (4) apply if— “Relevant period” means a period after the date of the formation of the subsequent civil partnership or marriage. No proceedings in respect of a cause of action arising out of the circumstances mentioned in sub-paragraph (1)(a) and (b) is maintainable by P (or P’s personal representatives) against R (or R’s personal representatives). But on an application made under this paragraph by P (or P’s personal representatives) against R (or R’s personal representatives) the court— An order under this paragraph for the payment of any sum may provide for the payment of that sum by instalments of such amount as may be specified in the order. An application under this paragraph— and accordingly references in this paragraph to the court are references to the High Court or a county court or a court of summary jurisdiction, as the circumstances require. The jurisdiction conferred on a county court by this paragraph is exercisable by a county court even though, because of the amount claimed in an application under this paragraph, the jurisdiction would not but for this sub-paragraph be exercisable by a county court. A person dissatisfied with an order made by a county court in the exercise of the jurisdiction conferred by this paragraph or with the dismissal of any application instituted by him under the provisions of this paragraph shall be entitled to appeal from the order or from the dismissal as if the order or dismissal had been made in exercise of the jurisdiction conferred by Part 3 of the County Courts (Northern Ireland) Order 1980 (S.I. 1980/397 (N.I. 3)) and the appeal brought under Part 6 of that Order, and Articles 61 (cases stated by county court judge) and 62 (cases stated by High Court on appeal from county court) of that Order shall apply accordingly. Subject to sub-paragraph (10), the collecting officer of a court of summary jurisdiction to whom any payments under an order made under paragraph 2(1)(a) or Part 2 or 3, or under an attachment of earnings order made to secure payments under the first-mentioned order, are required to be made is not liable— Sub-paragraph (9) applies if (but only if) the act— In this paragraph—
In Article 24 (interpretation), amend paragraph (3) (meaning of member of another’s family) as follows. After “spouse” insert “, civil partner”. After “marriage” insert “or civil partnership”. After “live together as husband and wife” insert “or as if they were civil partners”.
Amend Article 30A (spouses having statutory rights of occupation) as follows. In paragraph (1)— In paragraph (2), for “matrimonial home rights” substitute “home rights”. In the heading to Article 30A, after “spouses” insert “and civil partners”.
In section 4 (provision for cases of special hardship), in subsection (1)(b), for “widowers” substitute “widowers, surviving civil partners”.
In section 4 (power to Treasury to commute pensions), in subsection (2) — In section 4(3), for “wife” substitute “wife, civil partner”.
In section 10 (application of residue undisposed of), in subsection (2), for “widows” substitute “widows, surviving civil partners”.
In section 8 (appeals to Pensions Appeal Tribunals), in subsection (1), for “the motherless child or” substitute “surviving civil partner or the orphan,”.
In section 1 (extension of powers to grant pensions to persons employed for the purposes of Greenwich Hospital), in subsection (1)(a) and (b) for “widows” substitute “widows, surviving civil partners”. In section 1(2), for “spouses” substitute “spouses, civil partners”.
In section 1 (power to apply Royal Warrant as to pensions etc. to certain Polish forces), in subsection (1), after “widows,” insert “surviving civil partners,”.
In section 23(1) (interpretation of Part 2)—
in paragraph (a) of the definition of “dependant”, for “wife” substitute “spouse or civil partner”, and
in the definition of “statutory tenancy”, for “widow” substitute “surviving spouse or surviving civil partner”.
Amend section 16 (application of Part 2) as follows. After subsection (2)(a)(viii) insert—. After subsection (2)(b)(ix) insert—. After subsection (2)(c)(ix) insert—.
In section 1 (records of deaths, births and marriages among armed forces and service civilians and their families overseas), in subsection (1), for “and marriages solemnised,” substitute “marriages solemnised and civil partnerships formed,”.
Amend section 23 (nomination to property in society) as follows. In subsection (2), for “husband, wife,” substitute “spouse, civil partner,”. After subsection (6) insert—
Amend section 66 (power of member to nominate person to receive sums payable on his death) as follows. In subsection (5), for “husband, wife,” substitute “spouse, civil partner,”. After subsection (7) insert—
In section 78(5) (general interpretation: meaning of “near relative”)—
after “wife or husband” (in both places) insert “or civil partner”, and
for “by affinity)” substitute “by marriage or civil partnership)”.
In section 203 (notification of family and corporate interests), in subsection (1), after “spouse” insert “or civil partner”.
In section 24A (power to order disclosure of child’s whereabouts), in subsection (2), after “spouse” insert “or civil partner”.
Amend section 3 (notice of intention to marry) as follows—
in subsection (1), after paragraph (a) insert—, and
in subsection (2), after “paragraph (a)” insert “, (aa)”.
In Schedule 1 (statutory tenants by succession)—
in paragraph 2, after “spouse” (in both places) insert “or civil partner” and after “spouse's” insert “or civil partner's”, and
in paragraph 6, after “spouse” (in both places) insert “or civil partner”.
In section 106 (interpretation), in paragraph (a) of the definition of “maintenance order”—
after “divorce” insert “or on dissolution of a civil partnership”, and
after “marriage” insert “or of nullity of a civil partnership”.
Amend section 31 (right of succession of spouse) as follows. In subsection (1), after “spouse” (in both places) insert “or civil partner”. In subsection (3)(b), after “spouse” insert “or civil partner”. In subsection (4)—
Amend section 12 (restrictions on decrees for divorce, separation or annulment affecting children) as follows. In subsection (1), the existing words “divorce, judicial separation, or declarator of nullity of marriage” become paragraph (a) and after that paragraph insert “or” and the following paragraph—. In subsection (4)—
In Schedule 11 (matters required to be registered in the Statutory Charges Register), after paragraph 45 insert—
In section 30 (relatives of councillors), in subsection (6) (relevant family relationship)—
after “husband and wife” insert “or civil partners”;
after “husband or wife” insert (in both places) “or civil partner”.
In Article 2(6) (meaning of “near relative”)—
after “wife or husband” (in both places) insert “or civil partner”, and
for “by affinity)” substitute “by marriage or civil partnership)”.
In section 31 (remittal and removal of proceedings), in subsection (7)(b), after “1882” insert “or section 191 of the Civil Partnership Act 2004”.
In Article 4 (judgments to which Order applies), in paragraph (e), after “1980” insert “or Part 1, 2 or 6 of Schedule 16 to the Civil Partnership Act 2004”.
In Article 10 (exemptions from liability for conspiracy), in paragraph (2)(a), after “spouse” insert “or civil partner”.
Amend Article 2(2) (interpretation) as follows. “civil partner” includes former civil partner; In the definition of “member of the family”—
In Article 39 (conditional fee agreements: supplementary), in paragraph (2) (definition of “family proceedings”), after sub-paragraph (f) insert—. In Schedule 2 (civil legal services: excluded services), in paragraph 2(d)(i), after “1998” insert “or Schedule 16 to the Civil Partnership Act 2004”.
In section 24 (application of Act to cases of insanity), in paragraph (a), for “wife or husband” substitute “wife, husband or civil partner”.
In section 2 (allowances from the Assistance Board), in subsection (2)(c)—
for “of men” substitute “or civil partners of persons”,
for “woman” substitute “person”,
for “of a man” substitute “or civil partner of a person”, and
for “re-married” substitute “subsequently married or formed a civil partnership”.
In paragraph (a) of section 25(6) (meaning of “dependant”), for “wife” substitute “spouse or civil partner”.
In section 25 (provision for intestacy), in subsection (2), after “widower” insert “, surviving civil partner”.
Amend section 327 (extension of section 323 to spouses and children) as follows. In subsection (1)— In the heading to section 327, after “spouses” insert “, civil partners”.
In section 5(4)(b) (ground on which there is a legal impediment to a marriage), at the end insert “or in civil partnership”.
In Schedule 1A (statutory or statutory assured tenants by succession: certain cases), in paragraph 2—
in sub-paragraph (1), after “spouse” (in both places) insert “or civil partner” and after “spouse's” insert “or civil partner's”,
in sub-paragraph (2), at the end insert “and a person who was living with the original tenant in a relationship which had the characteristics of the relationship between civil partners shall be treated as the civil partner of the original tenant”, and
in sub-paragraph (3), after “couples)” insert “or under section 101 of the Civil Partnership Act 2004” and after “spouse” insert “, or as the case may be as the surviving civil partner,”.
In Part 1 of Schedule 5 (grounds on which sheriff must order possession), in paragraph (b) of ground 1, after “spouse's” insert “or civil partner's”.
In section 54(2) (reference to the Principal Reporter by court), after paragraph (a) insert—.
In section 146 (interpretation: pecuniary interests), in subsection (2) (interests of spouses living together)—
after “spouses” insert (in both places) “or civil partners”;
after “spouse” insert (in both places) “or civil partner”.
Amend section 35(2) (restrictions on appeals to Court of Appeal from High Court) as follows. After paragraph (e) insert—. In paragraph (g)(iv), after “matrimonial cause” insert “, a conditional order in a civil partnership cause”.
In Article 6 (judgments to which Order does not apply), in paragraph (c), after “matrimonial jurisdiction” insert “or by the High Court or a civil partnership proceedings county court in the exercise of its civil partnership jurisdiction”.
Amend Article 17 (nomination to property in credit union) as follows. In paragraph (2), after “wife,” insert “civil partner,”. In paragraph (6)—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
If— an application may be made under this sub-paragraph to the clerk of petty sessions for the order to be varied as mentioned in sub-paragraph (2). Subject to sub-paragraph (4), if an application is made under sub-paragraph (1), the clerk, after— may vary the order to provide that payments under the order are to be made to the collecting officer. The clerk may proceed with an application under sub-paragraph (1) even if the respondent has not received written notice of the application. If an application has been made under sub-paragraph (1), the clerk may, if he considers it inappropriate to exercise his power under sub-paragraph (2), refer the matter to the court which, subject to paragraph 37, may vary the order by exercising one of its powers under Article 85(3)(a) to (d) of the 1981 Order.
Amend Article 26 (succession on death of tenant) as follows. In paragraph (2)(a), after “spouse” insert “or civil partner”. In paragraph (3)(a), after “spouse” insert “or civil partner”. In paragraph (4), for “paragraph (4A)” substitute “paragraphs (4A) and (4B)”. After paragraph (4A) insert—
Before varying the order by exercising one of its powers under Article 85(3)(a) to (d) of the 1981 Order, the court must have regard to any representations made by the parties to the application. If the court does not propose to exercise its power under Article 85(3)(c) or (d) of the 1981 Order, the court must, unless upon representations expressly made in that behalf by the person to whom payments under the order are required to be made it is satisfied that it is undesirable to do so, exercise its power under Article 85(5)(b).
In Article 32 (assignments), in paragraph (1), after sub-paragraph (a) insert—.
In section 27(5) (interpretation of section), for “wife” (in each place) substitute “spouse or civil partner”.
Amend section 328 (extension of section 324 to spouses and children) as follows. In subsections (1)(a) and (2)(a), after “wife or husband” insert “or civil partner”. In subsection (3)— In the heading to section 328, after “spouses” insert “, civil partners”.
Amend section 94A (withdrawal of privilege against incrimination of self or spouse in certain proceedings) as follows. In subsection (1), after “spouse” insert “or civil partner”. In subsection (3), for “married after the making of the statement or admission) against the spouse” substitute “married or became civil partners after the making of the statement or admission) against the spouse or civil partner”.
In Article 7 (The Enforcement of Judgments Office), in paragraph (3), after “domestic” insert “or civil partnership”.
In section 38(5) (interpretation of section), for “wife” (in each place) substitute “spouse or civil partner”.
In section 346 (connected persons) in subsection (2)—
in paragraph (a), after “spouse,” insert “civil partner,”,
in paragraph (c) after “spouse” (in both places) insert “or civil partner”.
In Article 25 (taking custody of goods under a money judgment), in paragraph (2)(b), after “spouse” insert “or civil partner”.
Article 85(5) of the 1981 Order (power of court to order that account be opened) applies for the purposes of paragraphs 35 and 36(4) as it applies for the purposes of Article 85. None of the powers of the court, or of the clerk of petty sessions, conferred by paragraphs 35 to 37 and sub-paragraph (1) is exercisable in relation to an order under this Schedule for the making of periodical payments which is not a qualifying maintenance order (within the meaning of Article 85 of the 1981 Order).
In Article 33 (other disposals), in paragraph (2), after sub-paragraph (a) insert—.
In Article 94 (subletting or assignment), in paragraph (2), after “1978” insert “or Part 2 of Schedule 15, or paragraph 9(2) or (3) of Schedule 17, to the Civil Partnership Act 2004”.
Amend section 46 (general provisions as to payments to make up civil remuneration) as follows. In subsection (2), for “wife” substitute “spouse or civil partner”. In subsection (3)—
In section 430E (associates), in subsection (8) after “spouse” insert “or civil partner”.
In Article 32 (property which may be seized), in paragraph (d), after “spouse” (in each place) insert “or civil partner”.
In section 52(2)(a) (“service pay” includes marriage etc. allowances), after “marriage,” insert “civil partnership,”.
Amend section 742A (meaning of “offer to the public”) as follows. In subsection (3)(a)(iii), after “widower” insert “or surviving civil partner”. In subsection (6)(a), after “spouse” insert “or civil partner”.
In Article 33 (property exempt from seizure), in paragraph (a), after “spouse” (in each place) insert “or civil partner”.
In Schedule 3 (grounds for possession of dwelling-houses let under secure tenancies), in Ground 2A—
for “a married couple or” substitute “a married couple, a couple who are civil partners of each other”, and
after “as husband and wife” insert “or a couple living together as if they were civil partners”.
Amend Schedule 3 (financial provisions consequential on treating a person dying on service as alive and the converse) as follows. In paragraph 1(3), for “widow” substitute “surviving spouse, surviving civil partner”. In paragraph 2(4), for “wife” (in each place) substitute “spouse, civil partner”.
In Schedule 7 (matters to be dealt with in directors' report), in paragraph 2B(3), after “spouse” insert “or civil partner”.
In Article 36 (where seizure may be effected), in paragraph (a)(i), after “spouse” insert “or civil partner”.
In Article 38 (power of entry under order of seizure), after “spouse” insert “or civil partner”.
In Article 44 (interpleader), in paragraph (1), after “spouse” insert “or civil partner”.
Amend Article 96A (maintenance orders in the High Court and divorce county courts) as follows. In paragraphs (1), (3)(a), (7) and (9) after “divorce county court” insert (in each place) “or civil partnership proceedings county court”. In the heading to Article 96A, for “divorce” substitute “certain”.
Amend Article 98 (power of courts to make attachment of earnings orders) as follows. In paragraph (a)(i), after “matrimonial” insert “or civil partnership”. In paragraph (a)(ii), after “matrimonial jurisdiction” insert “or a civil partnership proceedings county court in the exercise of its civil partnership jurisdiction”.
Amend Article 107 (committal for default) as follows. In paragraph (1)(c), after “matrimonial jurisdiction” insert “or by the High Court or a civil partnership proceedings county court in the exercise of its civil partnership jurisdiction”. In paragraph (2)(a)(ii), after “matrimonial” insert “or civil partnership”.
Section 4(2) and 5(3)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“future subordinate legislation” means subordinate legislation made on or after the day on which this section comes into force;
An application for the variation under paragraph 51 of a periodical payments order or secured periodical payments order made under Part 9 in favour of a child may, if the child has reached 16, be made by the child himself. Sub-paragraph (3) applies if a periodical payments order made in favour of a child under Part 9 ceases to have effect— If, on an application made to the court for an order under this sub-paragraph, it appears to the court that— the court may by order revive the order mentioned in sub-paragraph (2) from such date as it may specify. A date specified under sub-paragraph (3) must not be earlier than the date of the application under that sub-paragraph. If under sub-paragraph (3) the court revives an order it may exercise its power under paragraph 51 in relation to the revived order.
This paragraph applies if the person liable to make payments under a secured periodical payments order has died. Subject to sub-paragraph (3), an application under this Part relating to the order (and to any sale of property order which requires the proceeds of sale of property to be used for securing those payments) may be made by— No such application may be made without the leave of the court after the end of 6 months from the date on which representation in regard to the estate of that person is first taken out. The personal representatives of the person who has died are not liable for having distributed any part of the estate of the deceased after the end of the 6 month period on the ground that they ought to have taken into account the possibility that the court might allow an application under this paragraph to be made after that period by the person entitled to payments under the order. Sub-paragraph (4) does not affect any power to recover any part of the estate so distributed arising by virtue of the making of an order in pursuance of this paragraph. In considering for the purposes of sub-paragraph (3) the question when representation was first taken out—
This paragraph applies if— The orders are— P or P’s personal representatives may (subject to sub-paragraph (7)) apply for an order under this paragraph against R or R’s personal representatives. If it appears to the court that, because of the changed circumstances or P’s death, the amount received by R in respect of a relevant period exceeds the amount which P or P’s personal representatives should have been required to pay, it may order the respondent to the application to pay to the applicant such sum, not exceeding the amount of the excess, as it thinks just. “Relevant period” means a period after the circumstances changed or (as the case may be) after P’s death. An order under this paragraph for the payment of any sum may provide for the payment of that sum by instalments of such amount as may be specified in the order. An application under this paragraph— and accordingly references in this paragraph to the court are references to the High Court or a county court, as the circumstances require. The jurisdiction conferred on a county court by this paragraph is exercisable even though, because of the amount claimed in the application, the jurisdiction would not but for this sub-paragraph be exercisable by a county court.
In this Part “maintenance agreement” means any agreement in writing between the civil partners in a civil partnership which— In this Part “financial arrangements” means provisions governing the rights and liabilities towards one another when living separately of the civil partners in a civil partnership (including a civil partnership which has been dissolved or annulled) in respect of— including such rights and liabilities with respect to the maintenance or education of a child (whether or not a child of the family). “Education” includes training.
A magistrates' court must not entertain an application under paragraph 69(1) unless— A magistrates' court must not make any order on such an application other than—
This paragraph applies if— Subject to sub-paragraph (4), the surviving party or A’s personal representatives may apply to the High Court or a county court for an order under paragraph 69. If a maintenance agreement is altered by a court on an application made under sub-paragraph (2), the same consequences follow as if the alteration had been made immediately before the death by agreement between the parties and for valuable consideration. An application under this paragraph may not, without the leave of the High Court or a county court, be made after the end of 6 months from the date on which representation in regard to A’s estate is first taken out. A’s personal representatives are not liable for having distributed any part of A’s estate after the end of the 6 month period on the ground that they ought to have taken into account the possibility that a court might allow an application by virtue of this paragraph to be made by the surviving party after that period. Sub-paragraph (5) does not affect any power to recover any part of the estate so distributed arising by virtue of the making of an order in pursuance of this paragraph. Paragraph 60(6) applies for the purposes of sub-paragraph (4) as it applies for the purposes of paragraph 60(3).
In section 30(6)(a) (power to provide for financial position of others to be taken into account in means-testing applicant for grant), after “his spouse,” insert “his civil partner,”.
The court may make any one or more of the orders set out in paragraph 2(1)— The court may make any one or more of the orders set out in paragraph 2(1)(d), (e) and (f)— The power of the court to make an order under sub-paragraph (1) or (2)(a) in favour of a child of the family is exercisable from time to time. If the court makes an order in favour of a child under sub-paragraph (2)(b), it may from time to time make a further order in the child’s favour of any of the kinds set out in paragraph 2(1)(d), (e) or (f). If the court makes an order under sub-paragraph (1), (2) or (4), it may give such consequential directions as it thinks fit for giving effect to the order (including directions requiring the disposal of any property).
If an order is made under paragraph 2(1)(a), (b) or (c) on or after making a dissolution or nullity order, neither the order nor any settlement made in pursuance of it takes effect unless the dissolution or nullity order has been made final. This paragraph does not affect the power of the court to give a direction under paragraph 71 (settlement of instrument by conveyancing counsel).
The property adjustment orders are— The court may make a property adjustment order under sub-paragraph (1)(c) even though there are no children of the family. If the court makes a property adjustment order, it may give such consequential directions as it thinks fit for giving effect to the order (including directions requiring the making of any payments or the disposal of any property). In this paragraph—
If a pension sharing order relates to rights under a pension arrangement, the court may include in the order provision about the apportionment between the civil partners of any charge under—
Article 38 of the 1999 Order (charges in respect of pension sharing costs), or
section 41 of the 1999 Act.
This paragraph applies to the exercise by the court in relation to a child of the family of its powers under— The court must in particular have regard to— In relation to the exercise of any of those powers against a civil partner (“A”) in favour of a child of the family who is not A’s child, the court must also have regard to—
This paragraph applies if, having regard to any benefits under a pension arrangement, the court decides to make an order under Part 1. To the extent to which the Part 1 order is made having regard to any benefits under a pension arrangement, it may require the person responsible for the pension arrangement, if at any time any payment in respect of any benefits under the arrangement becomes due to the civil partner with pension rights, to make a payment for the benefit of the other civil partner. The Part 1 order must express the amount of any payment required to be made by virtue of sub-paragraph (2) as a percentage of the payment which becomes due to the civil partner with pension rights. Any such payment by the person responsible for the arrangement— If the civil partner with pension rights has a right of commutation under the arrangement, the Part 1 order may require that civil partner to exercise it to any extent. This paragraph applies to any payment due in consequence of commutation in pursuance of the Part 1 order as it applies to other payments in respect of benefits under the arrangement. The power conferred by sub-paragraph (5) may not be exercised for the purpose of commuting a benefit payable to the civil partner with pension rights to a benefit payable to the other civil partner. The powers conferred by sub-paragraphs (2) and (5) may not be exercised in relation to a pension arrangement which—
The Lord Chancellor may by regulations— Regulations under sub-paragraph (1)(e) may include— The power to make regulations under paragraph 22 or this paragraph is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)). Regulations under paragraph 22 or this paragraph are subject to annulment in pursuance of a resolution of either House of Parliament in the same manner as a statutory instrument; and section 5 of the Statutory Instruments Act 1946 (c. 36) applies accordingly. “Prescribed” means prescribed by regulations.
This paragraph applies to an order under Part 1 so far as it includes provision made by virtue of paragraph 20(2) which— From the time the trustees or managers of the scheme receive the transfer notice, the order has effect— The modifications are that—
This paragraph applies where the court makes, in relation to an occupational pension scheme— If the Board subsequently assumes responsibility for the scheme, that does not affect—
Regardless of anything in the preceding provisions of this Schedule, on an application for a consent order for financial relief, the court may, unless it has reason to think that there are other circumstances into which it ought to inquire, make an order in the terms agreed on the basis only of such information supplied with the application as is required by rules of court. Sub-paragraph (1) applies to an application for a consent order varying or discharging an order for financial relief as it applies to an application for an order for financial relief. In this paragraph—
Either party to a maintenance agreement may apply to the court or, subject to sub-paragraph (6), to a court of summary jurisdiction for an order under this paragraph if— The court may make an order under this paragraph if it is satisfied that— In sub-paragraph (2)(a) the reference to a change in the circumstances includes a change foreseen by the parties when making the agreement. An order under this paragraph may make such alterations in the agreement— as appear to the court to be just having regard to all the circumstances, including, if relevant, the matters mentioned in paragraph 17(3). The effect of the order is that the agreement is to be treated as if any alteration made by the order had been made by agreement between the partners and for valuable consideration. The power to make an order under this paragraph is subject to paragraphs 63 and 64.
Nothing in paragraphs 61 or 64 affects—
any power of a court before which any proceedings between the parties to a maintenance agreement are brought under any other enactment (including a provision of this Schedule) to make an order containing financial arrangements, or
any right of either party to apply for such an order in such proceedings.
Amend Article 309 (rights of occupation etc. of bankrupt’s spouse) as follows. In paragraph (1), for “matrimonial home rights” substitute “home rights”. In paragraph (2)— In paragraph (3) after “spouse or former spouse” insert “or civil partner or former civil partner”.
The necessary declaration under section 8 must include a statement that the person subject to immigration control fulfils the qualifying condition (and the reason why).
Where the district registrar to whom notice is submitted by virtue of paragraph 9(1) is the district registrar for the proposed place of registration, he shall neither— in respect of the proposed civil partnership unless satisfied, by the provision of specified evidence, that the intended civil partner subject to immigration control fulfils the qualifying condition. Where the district registrar to whom notice is so submitted (here the “notified registrar”) is not the district registrar for the proposed place of registration (here the “second registrar”)— “Specified evidence” means such evidence as may be specified in guidance issued by the Secretary of State after consultation with the Registrar General.
The civil partnership notices must be given— Before making any regulations under this paragraph the Secretary of State must consult the Registrar General.
Part 4 of this Act has effect in any case where this Part of this Schedule applies subject to any necessary modification. In particular, section 176 has effect as if the matters proof of which is not necessary in support of the civil partnership included compliance with this Part of this Schedule. In this Part of this Schedule— Section 18(3) of the Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.)) (provisions as to holders of offices) shall apply to this Part of this Schedule as if it were an enactment within the meaning of that Act.
In section 27 (pensions for dependants of Prime Minister or Speaker), in subsection (2)(a)(i), for “widow or widower” substitute “widow, widower or surviving civil partner”.
In section 4 (disposal of residue belonging to deceased person in civil service of navy), after “widow” insert “or surviving civil partner”.
In section 4 (distribution of money not exceeding £5,000 without requiring probate), after “widower” insert “surviving civil partner”.
In section 5 (alteration of purposes for which voluntary funds may be applied in certain cases)— In section 6 (power of Secretary of State to accept and administer gifts for assisting disabled officers and men), after “widows,” insert “surviving civil partners,”.
Section 150 (enforcement of maintenance and affiliation orders by deduction from pay) is amended as follows. In subsection (1)(a) and (aa), after “wife” insert “or civil partner”. references to a civil partner include, in relation to an order made in proceedings in connection with the dissolution or annulment of a civil partnership, references to a person who would have been the civil partner of the defendant if the civil partnership had subsisted.
In section 4(1) (exclusion of certain goods), after “husband or wife”, insert “or civil partner”.
In section 23 (restriction on enforcement of awards against certain property), in subsection (3)(b) for “the wife” substitute “the spouse or civil partner”.
In section 97E(1)(b) after “or widower” insert “or surviving civil partner”.
Amend section 64 (provision for separate representation for children) as follows. Omit “or” at the end of subsection (1)(c). At the end of subsection (1)(d) insertor
In section 14 (powers of officers), in subsection (2), for “married, the person’s spouse” substitute “married or a civil partner, the person’s spouse or civil partner”.
In section 125 (privilege against self-incrimination), in subsection (2), after “spouse” insert “or civil partner”.
In paragraph 2(1)(a) of Schedule 4 (spouse of employee of the Valuation Tribunal Service disqualified for appointment as member of the Service), after “is married to” insert “or is the civil partner of”.
Amend section 53 (definition of “relative” and “nearest relative”) as follows. In subsection (1)(a), at the end insert “or civil partner”. In subsection (4)— After subsection (5) insert— In subsection (6)(b)—
In section 83 (“members of a person’s family”)—
in subsection (1)(a), after “spouse” insert “or civil partner”,
in subsection (2)(a), after “marriage” insert “or by virtue of civil partnership”, and
in subsection (3), after “references to” insert “that person’s civil partner or to”.
In Article 6 (duration of orders for financial provision for a party to a marriage), in paragraph (2)—
after “remarriage of” insert “, or formation of a civil partnership by,”, and
after “the remarriage” insert “or formation of the civil partnership”.
Amend Article 79 (compellability of accused’s spouse) as follows. In paragraphs (2), (2A) and (3), for “wife or husband” (in each place) substitute “spouse or civil partner”. After paragraph (5) insert— In the heading to Article 79, after “accused’s spouse” insert “or civil partner”.
In Article 23 (recovery of sums awarded in proceedings involving trade unions and employers' associations), in the definition of “provident benefits” in paragraph (3), for “wife” substitute “spouse or civil partner”.
In Article 8 (residence, contact and other orders with respect to children), after paragraph (4)(h) insert—.
In section 151 (deductions from pay for maintenance of wife or child), in subsection (1)—
after “wife” (in the first place) insert “or civil partner”, and
for “wife” (in the second place) substitute “wife, civil partner”.
In section 241 (intimidation or annoyance by violence or otherwise), in subsection (1)(a), for “wife” substitute “spouse or civil partner”.
In section 54 (children and young persons in care of local authority), for “or wife” substitute “, wife or civil partner”.
Amend Article 40 (orders for repayment in certain cases of sums paid after cessation of order by reason of remarriage) as follows. In paragraph (1)— In paragraph (8)— In the heading to Article 40, after “remarriage” add “or formation of civil partnership”.
In Article 79A (rule where accused’s spouse not compellable)—
for “wife or husband” substitute “spouse or civil partner”, and
in the heading, after “spouse” insert “or civil partner”.
In Article 50 (care orders and supervision orders), in paragraph (4), for “married)” substitute “married or a civil partner)”.
In section 54(3) (disposals in pursuance of certain orders are exempt) as it has effect by virtue of article 11(2) of the 2002 Order (saving for certain purposes of repealed provisions), after paragraph (d) insert; or In sub-paragraph (1) “the 2002 Order” means the Regulatory Reform (Housing Assistance) (England and Wales) Order 2002 (S.I. 2002/1860).
Amend Article 310 (rights of occupation of bankrupt) as follows. In paragraph (2), for “spouse (if any) has matrimonial home rights” substitute “spouse or civil partner (if any) has home rights”. In paragraph (3)—
In section 292 (death of employee or employer), in subsection (3)(b), after “widow,” insert “surviving civil partner,”.
In Article 67 (powers to assist in discovery of children who may be in need of emergency protection), in paragraph (2), after “spouse” insert “or civil partner”.
In Article 69 (recovery of abducted children, etc.), in paragraph (11), after “spouse” insert “or civil partner”.
In Article 166 (appeals), at the end of paragraph (2)(b) insertor.
In Article 171 (self-incrimination), in paragraph (2), after “spouse” insert “or civil partner”.
which meets regularly for religious worship, or
In Article 6(a) (persons whom employer is not required to insure) after “husband, wife,” insert “civil partner,”.
In Article 3(3)(e)(iii) (objects of Pharmaceutical Society include providing relief for distressed relatives), for “widows,” substitute “surviving spouses, surviving civil partners,”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
state in relation to each appropriate person—
that that person’s consent has been obtained,
that the need to obtain that person’s consent has been dispensed with under paragraph 10(2), or
that the court has given consent under paragraph 10(2) or (5), or
state that no person exists whose consent is required to a civil partnership between the child and another person.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The court may make one or more property adjustment orders— In this Schedule “property adjustment order” means a property adjustment order under this Part.
The power to make a property adjustment order under paragraph 7(1)(a) is subject to paragraph 49(1) and (5) (restrictions on making orders in favour of children who have reached 18).
The matters to which a court is to have regard under paragraph 21(2)(a) include any PPF compensation to which a civil partner is or is likely to be entitled; and, accordingly, in relation to any PPF compensation paragraph 21(2)(a)(ii) has effect as if “in the foreseeable future” were omitted. The matters to which a court is to have regard under paragraph 21(2)(h) include any PPF compensation which, because of the making of a dissolution or nullity order, a civil partner will lose the chance of acquiring entitlement to. In this Part “PPF compensation” means compensation payable under—
Regulations may modify paragraph 26 in its application to an occupational pension scheme during an assessment period in relation to the scheme.
Amend section 4 (meaning of “relevant disposal” for purposes of tenants' rights of first refusal) as follows. In subsection (2)(c) (disposals in pursuance of certain orders not relevant disposals), after sub-paragraph (vi) insert—. In subsection (5)(a)— In subsection (6)(a), after “a relationship by marriage” insert “or civil partnership”.
Amend section 7 (meaning of “long lease”) as follows. In subsection (1)(b) (which refers to section 149(6) of the Law of Property Act 1925), after “terminable after a death or marriage” insert “or the formation of a civil partnership”. In subsection (2) (exclusion of certain leases terminable by notice after death or marriage)—
In section 4(4A), for “matrimonial charge (within the meaning of Article 5(1) of the Family Law (Miscellaneous Provisions) (Northern Ireland) Order 1984 or” substitute “matrimonial or civil partnership charge (”.
In Article 36(1)(d) (rent not to be increased on account of tenant’s improvements), after “former spouse” insert “civil partner, former civil partner,”.
In section 10(5) (members of family of resident landlord), for “wife or husband” (in each place) substitute “spouse or civil partner”.
Amend Article 47 (extended discretion of court in possession claims) as follows. In paragraph (5), for “tenant’s spouse or former spouse, having matrimonial home rights” substitute “tenant’s spouse or former spouse, or civil partner or former civil partner, having home rights”. In paragraph (6)— In paragraph (7)— In paragraph (8) after “former spouse,” insert “former civil partner,”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 5(2)
“religious premises” means premises which—
This Schedule applies if—
a court— and, on doing so, issues a full gender recognition certificate (under section 5(1) of the Gender Recognition Act 2004 (c. 7)) to that party, and
makes absolute a decree of nullity granted on the ground that an interim gender recognition certificate has been issued to a party to the marriage, or
(in Scotland) grants a decree of divorce on that ground,
the parties wish to register in England or Wales as civil partners of each other without being delayed by the waiting period.
a reference—
to a person having the appropriate immigration status, or
to a person holding a relevant visa,
“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;
Sub-paragraphs (5) to (8) apply (in place of section 20) in the following three cases. The first is where— The second is where— The third is where— A is not required to give a notice of proposed civil partnership to a registration authority in England or Wales in order to register in England or Wales as B’s civil partner. B may give a notice of proposed civil partnership and make the necessary declaration without regard to the requirement that would otherwise apply that A must reside in England or Wales. If, on giving such notice, B makes an election under this paragraph, Chapter 1 of Part 2 applies with the modifications given in paragraphs 4 to 6 and the further modifications in sub-paragraph (8). The further modifications are that— “The relevant provision” means— “Her Majesty’s forces” has the same meaning as in the Army Act 1955 (3 & 4 Eliz. 2 c. 18).
The court may make a pension sharing order— In this Schedule “pension sharing order” means a pension sharing order under this Part.
A pension sharing order may not be made in relation to a pension arrangement which— A pension sharing order may not be made in relation to shareable state scheme rights if— A pension sharing order may not be made in relation to the rights of a person under a pension arrangement if there is in force a requirement imposed by virtue of Part 6 which relates to benefits or future benefits to which that person is entitled under the pension arrangement.
This paragraph applies to the exercise by the court in relation to a civil partner of its powers under— The court must in particular have regard to—
This paragraph applies if the benefits which the civil partner with pension rights has or is likely to have under a pension arrangement include any lump sum payable in respect of that civil partner’s death. The court’s power under Part 1 to order a civil partner to pay a lump sum to the other civil partner includes the power to make by the order any provision in sub-paragraph (3) to (5). If the person responsible for the pension arrangement has power to determine the person to whom the sum, or any part of it, is to be paid, the court may require him to pay the whole or part of that sum, when it becomes due, to the other civil partner. If the civil partner with pension rights has power to nominate the person to whom the sum, or any part of it, is to be paid, the court may require the civil partner with pension rights to nominate the other civil partner in respect of the whole or part of that sum. In any other case, the court may require the person responsible for the pension arrangement in question to pay the whole or part of that sum, when it becomes due, for the benefit of the other civil partner instead of to the person to whom, apart from the order, it would be paid. Any payment by the person responsible for the arrangement under an order made under Part 1 made by virtue of this paragraph discharges so much of his liability in respect of the civil partner with pension rights as corresponds to the amount of the payment. The powers conferred by this paragraph may not be exercised in relation to a pension arrangement which—
In this Part “the civil partner with pension rights” means the civil partner who has or is likely to have benefits under a pension arrangement. In this Part “pension arrangement” has the same meaning as in Part 4. In this Part, references to the person responsible for a pension arrangement are to be read in accordance with section 26 of the Welfare Reform and Pensions Act 1999 (c. 30).
This Part applies to the following orders— If the court has made an order referred to in sub-paragraph (1)(f)(ii), this Part ceases to apply to the order on the death of either of the civil partners. The powers exercisable by the court under this Part in relation to an order are also exercisable in relation to any instrument executed in pursuance of the order.
Sub-paragraph (2) applies if, after the dissolution of a civil partnership, the court— The court may make supplemental provision consisting of any of the following— The power under sub-paragraph (2) is in addition to any power the court has apart from that sub-paragraph.
Amend section 9 (extended discretion of court in possession claims) as follows. In subsection (5)— In subsection (5A)—
Amend Article 2A (meaning of member of a person’s family) as follows. In paragraph (1)(a)— In paragraph (2)(a), after “a relationship by marriage” insert “or civil partnership”.
In Part 1 of Schedule 6 (registration of certain burdens), in paragraph 14A for “matrimonial charge (within the meaning of Article 5(1) of the Family Law (Miscellaneous Provisions) (Northern Ireland) Order 1984 or” substitute “matrimonial or civil partnership charge (”.
Amend Article 14 (extended discretion of court in certain proceedings for possession) as follows. In paragraph (4A)(b), for “tenant’s spouse or former spouse, having matrimonial home rights” substitute “tenant’s spouse or former spouse, or civil partner or former civil partner, having home rights”. In paragraph (4B)— In paragraph (4C)— In paragraph (4D), after “former spouse,” insert “former civil partner,”.
Section 101 (service of proceedings for maintenance etc.) is amended as follows. In subsection (5)(a) and (b), after “wife” insert “or civil partner”. In subsection (5A), after paragraph (a) insert—.
In section 2 (rules for determining existence of partnership), in rule (3)(c), after “widow” insert “, widower, surviving civil partner”.
Amend section 31(2)(i) (trust on reaching 18 or marrying under that age of accumulations during infancy) as follows. In sub-paragraph (a)— In sub-paragraph (b), after “marriage” insert “, or formation of a civil partnership,”. In the words after that sub-paragraph, after “marriage” insert “or formation of a civil partnership”.
In the Schedule (particulars which may be required), in paragraph 2—
in paragraph (a), for “or divorced;” substitute “, divorced, a civil partner or former civil partner, and, if a former civil partner, whether the civil partnership ended on death or dissolution;”, and
in paragraph (b), after “surviving spouse” insert “or civil partner”.
In section 10 (information from persons entering or leaving the United Kingdom by air), in subsection (1), after “marriage” insert “or civil partnership”.
In section 41 (interpretation), in the definition of “relative”, after “by marriage” insert “or civil partnership”.
Amend section 4 (variation of orders registered in magistrates' courts) as follows. In each of subsections (5A) and (5B) (application of section 60(4) to (11) of the Magistrates' Courts Act 1980), for “and section 15(2) of the Children Act 1989” substitute “, section 15(2) of the Children Act 1989 and paragraph 42 of Schedule 6 to the Civil Partnership Act 2004”. In subsection (6B) (no application may be made for variation under the Act of certain registered orders), after “1984” insert “or under Schedule 7 to the Civil Partnership Act 2004”.
In section 11 (grounds on which marriage is void), at the end of paragraph (b) insert “or a civil partner”.
In section 20 (powers of inspectors), in subsection (7), for “husband or wife” substitute “spouse or civil partner”.
In section 7 (limitations on rehabilitation under the 1974 Act, etc.), in subsection (2)(c), after “the marriage of any minor,” insert “or the formation of a civil partnership by any minor,”.
In section 2 (exemptions from liability for conspiracy), in subsection (2)(a), after “spouse” insert “or civil partner”.
In section 1A (marriage and other relationships), in subsections (1)(a) and (2)(a) after “were married” insert “or civil partners of each other”.
In section 3(6)(a) (registration as British citizen of minor whose parents' marriage has terminated etc.), after “marriage” insert “or civil partnership”.
In section 41(4) (family or representatives may carry on deceased dentist’s business for three years), for “his widow” (in each place) substitute “his surviving spouse or his surviving civil partner”.
In Schedule 2 (officers and their powers), in paragraph 2A(4), after “spouse” insert “or civil partner”.
In section 215 (proceedings under sections 213, 214), in subsection (3)(b), after “marriage” insert “or the formation of a civil partnership”.
In section 13(1) (interpretation), in the definition of “relative”, after paragraph (a) insert—.
The overseas relationship is not to be treated as having been a civil partnership for the purposes of any provision except—
Schedules 7, 11 and 17 (financial relief in United Kingdom after dissolution or annulment obtained outside the United Kingdom);
such provisions as are specified (with or without modifications) in regulations under section 2 or 5 of the Civil Partnerships, Marriages and Deaths (Registration etc) Act 2019;
Chapter 3 (so far as necessary for the purposes of paragraphs (a) and (b)).
In section 33(1)(ii)(a) and (b) (trust to maintain principal beneficiary and his spouse and issue on failure of protective trust under paragraph (i)), for “wife or husband” substitute “spouse or civil partner”.
Amend section 14 (marriages governed by foreign law or celebrated abroad under English law) as follows. In subsection (1), at the beginning insert “Subject to subsection (3)”. After subsection (2) insert—
In section 6(2) (naturalisation of person married to British citizen), after “is married to a British citizen” insert “or is the civil partner of a British citizen”.
In section 283A (bankrupt’s home ceasing to form part of estate), in subsection (1)—
in paragraph (b), after “spouse” insert “or civil partner”, and
in paragraph (c), after “spouse” insert “or former civil partner”.
In the case of a relationship that is— subsection (5F) or (as the case may be) subsections (5G) and (5H) apply in place of subsections (3) to (5).
an overseas relationship treated as a civil partnership for the purposes of this Act only as a result of the amendments made by the Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019, and
registered (under the relevant law) as having been entered into before 13 January 2020,
An order for the payment of a lump sum under paragraph 53 may— Sub-paragraphs (5) and (6) of paragraph 3 (interest on deferred instalments) apply where the court makes an order for the payment of a lump sum under paragraph 53 as they apply where it makes such an order under Part 1. If under paragraph 53 the court makes more than one property adjustment order in favour of the same civil partner, each of those orders must fall within a different paragraph of paragraph 7(1) (types of property adjustment orders). Part 3 (orders for the sale of property) and paragraph 76 (direction for settlement of instrument) apply where the court makes a property adjustment order under paragraph 53 as they apply where it makes any other property adjustment order. Paragraph 18 (restrictions on making of pension sharing order) applies in relation to a pension sharing order under paragraph 53 as it applies in relation to any other pension sharing order.
In section 24A (orders for sale of property), in subsection (5), after “re-marriage of” insert “, or formation of a civil partnership by,”.
In section 10(2)(b) (registration as British citizen after pre-1983 renunciation of citizenship), after “has been married to” insert “, or has been the civil partner of,”.
In section 313 (charge on bankrupt’s home), in subsection (1), after “former spouse” insert “or by his civil partner or former civil partner”.
The time when the two people are treated as having formed a civil partnership is the start of 13 January 2020.
Amend section 28 (duration of continuing financial provision orders in favour of party to marriage, and effect of remarriage) as follows. In subsection (1)(a) and (b) after “remarriage of” insert “, or formation of a civil partnership by,”. In subsection (2)— In subsection (3), after “remarries whether at any time before or after the commencement of this Act”, insert “or forms a civil partnership”. In the heading to section 28, after “remarriage” insert “or formation of civil partnership”.
In section 12(5) (renunciation: persons who have married deemed of full age), after “has been married” insert “, or has formed a civil partnership,”.
In section 313A (low value home: application for sale, possession or charge), in subsection (1)—
in paragraph (a)(ii), after “spouse” insert “or civil partner”, and
in paragraph (a)(iii), after “spouse” insert “or former civil partner”.
But if— subsection (5F) does not apply and subsections (1) and (2) have effect subject to subsection (5H).
before 13 January 2020, a dissolution or annulment of the relationship was obtained outside the United Kingdom, and
the dissolution or annulment would be recognised under Chapter 3 if the overseas relationship had been treated as a civil partnership at the time of the dissolution or annulment,
In section 35 (alteration of agreements by court during lives of parties), in subsection (4)(a) and (b), after “remarriage of” insert “, or formation of a civil partnership by,”.
In section 17(6)(a) (registration as British overseas territories citizen of minor whose parents' marriage has terminated etc.), after “marriage” insert “or civil partnership”.
In section 329 (debts to spouse), in subsection (1), after “spouse” (in each place) insert “or civil partner”.
The overseas relationship is not to be treated as having been a civil partnership for the purposes of any provision except—
Schedules 7, 11 and 17;
such provisions as are specified (with or without modifications) in regulations under section 8 of the Northern Ireland (Executive Formation etc) Act 2019;
Chapter 3 (so far as necessary for the purposes of paragraphs (a) and (b)).
Amend section 38 (orders for repayment in certain cases of sums paid after cessation of order by reason of remarriage) as follows. In subsection (1)— In subsection (6)— In the heading to section 38, after “remarriage” insert “or formation of civil partnership”.
In section 18(2) (naturalisation of person married to a British overseas territories citizen), after “is married to such a citizen” insert “or is the civil partner of such a citizen”.
In section 332 (saving for bankrupt’s home), in subsection (1), after “former spouse” insert “or by his civil partner or former civil partner”.
In section 52 (interpretation), after subsection (3), insert —
In section 22(2)(b) (naturalisation as British overseas territories citizen after pre-1983 renunciation of citizenship), after “has been married to” insert “, or has been the civil partner of,”.
In section 335A (rights under trusts of land), in subsection (2)(b)—
for “bankrupt’s spouse or former spouse” substitute “bankrupt’s spouse or civil partner or former spouse or former civil partner”, and
in sub-paragraphs (i) and (ii), for “spouse or former spouse” substitute “spouse, civil partner, former spouse or former civil partner”.
Amend paragraphs 4(d) and 8(d) of Schedule 1 (requirements for naturalisation under sections 6(2) and 18(2)) as follows. In the paragraph (f) set out in each of those provisions, after “to whom the applicant is married” insert “, or of whom the applicant is the civil partner,”.
In section 339 (transactions at an undervalue), in subsection (3)(b), after “marriage” insert “or the formation of a civil partnership”.
In section 366 (inquiry into bankrupt’s dealings and property), in subsection (1)(a), after “former spouse” insert “or civil partner or former civil partner”.
In section 423 (transactions defrauding creditors), in subsection (1)(b), after “marriage” insert “or the formation of a civil partnership”.
Amend section 435 (meaning of “associate”) as follows. For subsection (2) substitute— In subsection (3), after “husband or wife” insert “or civil partner”. In subsection (8), at the end insert “and references to a civil partner include a former civil partner”.
Section 71
Amend the Wills Act 1837 (c. 26) as follows.
After section 18A insert—
The following provisions— apply in relation to the attestation of a will by a person to whose civil partner there is given or made any such disposition as is described in section 15 of the 1837 Act as they apply in relation to a person to whose spouse there is given or made any such disposition.
section 15 of the Wills Act 1837 (c. 26) (avoidance of gifts to attesting witnesses and their spouses), and
section 1 of the Wills Act 1968 (c. 28) (restriction of operation of section 15),
In section 16 of the 1837 Act, after “wife or husband” insert “or civil partner”.
Except where a contrary intention is shown, it is presumed that if a testator— the gift to the civil partner is absolute despite the purported gift to the issue.
devises or bequeaths property to his civil partner in terms which in themselves would give an absolute interest to the civil partner, but
by the same instrument purports to give his issue an interest in the same property,
Section 72(1)
On an application for a dissolution, nullity or separation order, the court may make an order requiring either civil partner to make to the other for the other’s maintenance such periodical payments for such term— as the court thinks reasonable.
beginning no earlier than the date on which the application was made, and
ending with the date on which the proceedings are determined,
Section 72(3)
Section 72(4)
Section 81
Section 82
Amend section 30 (rights concerning matrimonial home where one spouse has no estate, etc.) as follows. In subsection (1)— In subsection (2)— In subsection (3)— In subsection (4)— In subsection (5)— In subsection (6)— In subsection (7), for the words from first “which” to the end substitutewhich— In subsection (8)— In subsection (9)— In the heading to section 30, for “matrimonial home where one spouse” substitute “home where one spouse or civil partner” and, in the preceding cross-heading, after “matrimonial” insert “or civil partnership”.
Amend section 31 (effect of matrimonial home rights as charge on dwelling-house) as follows. In subsection (1) for “marriage, one spouse” substitute “marriage or civil partnership, A”. In subsection (2) for “The other spouse’s matrimonial home rights” substitute “B’s home rights”. In subsection (3)— In subsection (4)— In subsection (5) for “the other spouse” substitute “A”. In subsection (7) for “the spouses” substitute “A and B”. In subsection (8)— In subsection (9)— In subsection (10)— For subsection (12)(a) substitute—. In the heading to section 31, for “matrimonial home rights” substitute “home rights”.
For section 32 (further provisions relating to matrimonial home rights) substitute—
Amend section 33 (occupation orders where applicant has estate or interest etc. or has matrimonial home rights) as follows. In subsection (1)(a)(ii), for “matrimonial home rights” substitute “home rights”. After subsection (2) insert— In subsection (3)(e)— In subsection (4), for “matrimonial home rights” substitute “home rights”. In subsection (5)— In the heading to section 33, for “matrimonial home rights” substitute “home rights”.
In section 34 (effect of order under section 33 where rights are charge on dwelling-house), in subsection (1)—
for “a spouse’s matrimonial home rights” substitute “B’s home rights”, and
for “the other spouse” (in each place) substitute “A”.
Amend section 35 (one former spouse with no existing right to occupy) as follows. In subsection (1)(a) and (b), after “former spouse” insert “or former civil partner”. For subsection (1)(c) substitute— In subsection (2), after “former spouse” (in both places) insert “or former civil partner”. In subsection (6)(f), after “marriage” insert “or civil partnership”. After subsection (6)(g)(i), insert—. In subsection (9)(a), after “former spouses” insert “or former civil partners”. In subsections (11) and (12), after “former spouse” insert “or former civil partner”. For subsection (13)(a) and (b) substitute— In the heading to section 35, after “former spouse” insert “or former civil partner”.
In section 36 (one cohabitant or former cohabitant with no existing right to occupy), for subsection (13)(a) and (b) substitute—
Amend section 37 (neither spouse entitled to occupy) as follows. After subsection (1) insert— In subsection (3)(b), for “spouses” substitute “parties”. In the heading to section 37, after “spouse” insert “or civil partner”.
In section 42 (non-molestation orders), after subsection (4) insert—
In section 44 (evidence of agreement to marry), after subsection (2) insert— In the heading to section 44, after “marry” insert “or form a civil partnership”.
In section 49 (variation and discharge of orders), in subsection (3)—
for “a spouse’s matrimonial home rights” substitute “B’s home rights are, under section 31,”, and
for “the other spouse” (in each place) substitute “A”.
Amend section 54 (dwelling-house subject to mortgage) as follows. In subsections (3)(a) and (4), for “matrimonial home rights” substitute “home rights”. In subsection (5), after “spouse, former spouse” insert “, civil partner, former civil partner”.
Amend section 62 (meaning of “cohabitants”, “relevant child” and “associated persons”) as follows. In subsection (1)— After subsection (3)(a) insert—. After subsection (3)(e) insert—.
Amend section 63 (interpretation of Part 4) as follows. “home rights” has the meaning given by section 30; Omit the definition of “matrimonial home rights” in that subsection. In the definition of relative in that subsection— After subsection (2)(i) insert—
Amend Schedule 4 (provisions supplementary to sections 30 and 31) as follows. In paragraph 2, after “spouse” (in both places) insert “or civil partner”. In paragraph 3(1) and (3), after “spouse” insert “or civil partner”. In paragraph 4(1), for “spouse’s matrimonial home rights” substitute “spouse’s or civil partner’s home rights”. For paragraphs 4(1)(a) to (c) substitute— In paragraph 4(2)— In paragraph 4(3), after “spouse” insert “or civil partner”. In the heading to paragraph 4, after “marriage” insert “or civil partnership”. In paragraph 5(1), for “spouse entitled to matrimonial home rights” substitute “spouse or civil partner entitled to home rights”. In paragraph 5(2)— In the heading to paragraph 5, for “matrimonial home rights” substitute “home rights”. In paragraph 6, after “spouse” (in both places) insert “or civil partner”.
Amend Schedule 7 (transfer of certain tenancies on divorce etc. or on separation of cohabitants) as follows. “civil partner”, except in paragraph 2, includes (where the context requires) former civil partner; In paragraph 2(1), after “spouse” (in both places) insert “or civil partner”. The court may make a Part II order— Omit “or” at the end of paragraph 4(a) and insert—. In paragraph 5(a), after “spouses” insert “, civil partners”. In paragraph 6— In paragraph 7(1) and (2), after “spouse” (in each place) insert “, civil partner”. If the spouse, civil partner or cohabitant so entitled is a successor within the meaning of Part 4 of the Housing Act 1985— is to be deemed also to be a successor within the meaning of that Part. If the spouse, civil partner or cohabitant so entitled is a successor within the meaning of section 132 of the Housing Act 1996— is to be deemed also to be a successor within the meaning of that section. If the spouse, civil partner or cohabitant so entitled is for the purposes of section 17 of the Housing Act 1988 a successor in relation to the tenancy or occupancy— is to be deemed to be a successor in relation to the tenancy or occupancy for the purposes of that section. In paragraph 7(5)(a), after “spouse” insert “, civil partner”. Omit paragraph 7(6). In paragraph 8(1) and (2)(a) and (b), after “spouse” insert “, civil partner”. In paragraph 8(3), after “surviving spouse” insert “or surviving civil partner”. In paragraphs 9(1), (2)(a) and (b) and (3) (in both places) and 10(1) (in both places), after “spouse” insert “, civil partner”. In paragraph 11(1), after “spouses” insert “, civil partners”. In paragraph 11(2), after “spouse” insert “, civil partner”. For paragraph 12 and the heading preceding it, substitute— For paragraph 13 and the heading preceding it substitute— In paragraph 15(1)— In paragraph 15(2), after “spouse” insert “, civil partner”.
Any reference (however expressed) in any enactment, instrument or document (whether passed or made before or after the passing of this Act)— is to be construed, so far as is required for continuing the effect of the enactment, instrument or document, as being or as the case requires including a reference to home rights under, or within the meaning of, Part 4 of the 1996 Act as amended by this Schedule. Any reference (however expressed) in Part 4 of the 1996 Act or in any other enactment, instrument or document (including any enactment amended by this Schedule) to home rights under, or within the meaning of, Part 4 of the 1996 Act is to be construed as including, in relation to times, circumstances and purposes before the commencement of this Schedule, references to rights of occupation under, or within the meaning of, the 1983 Act and to matrimonial home rights under, or within the meaning of, Part 4 of the 1996 Act without the amendments made by this Schedule.
Section 86 Column 1 Column 2 1.—Relationships by consanguinity Father Mother Son Daughter Father’s father Father’s mother Mother’s father Mother’s mother Son’s son Son’s daughter Daughter’s son Daughter’s daughter Brother Sister Father’s brother Father’s sister Mother’s brother Mother’s sister Brother’s son Brother’s daughter Sister’s son Sister’s daughter Father’s father’s father Father’s father’s mother Father’s mother’s father Father’s mother’s mother Mother’s father’s father Mother’s father’s mother Mother’s mother’s father Mother’s mother’s mother Son’s son’s son Son’s son’s daughter Son’s daughter’s son Son’s daughter’s daughter Daughter’s son’s son Daughter’s son’s daughter Daughter’s daughter’s son Daughter’s daughter’s daughter 2.—Relationships by affinity Son of former wife Daughter of former husband Son of former civil partner Daughter of former civil partner Former husband of mother Former wife of father Former civil partner of father Former civil partner of mother Former husband of father’s mother Former wife of father’s father Former civil partner of father’s father Former civil partner of father’s mother Former husband of mother’s mother Former wife of mother’s father Former civil partner of mother’s father Former civil partner of mother’s mother Son of son of former wife Daughter of son of former husband Son of son of former civil partner Daughter of son of former civil partner Son of daughter of former wife Daughter of daughter of former husband Son of daughter of former civil partner Daughter of daughter of former civil partner 3.—Further relationships by affinity Father of former wife Mother of former husband Father of former civil partner Mother of former civil partner Former husband of daughter Former wife of son Former civil partner of son Former civil partner of daughter
Section 125
This Schedule applies where— This Schedule applies even if the date of the overseas determination is earlier than the date on which this Schedule comes into force.
Subject to sub-paragraph (4), if the jurisdictional requirements and the conditions set out in sub-paragraphs (2) and (3), respectively, are satisfied, the court may entertain an application by one of the former civil partners or former ostensible civil partners, (here “A”) for an order for financial provision. The jurisdictional requirements are— The conditions are that— Where the jurisdiction of the court to entertain proceedings under this Schedule would fall to be determined by reference to the jurisdictional requirements imposed by virtue of Part 1 of the Civil Jurisdiction and Judgments Act 1982 (c. 27) (implementation of certain European conventions) or by virtue of Council Regulation (EC) No. 44/2001 of 22nd December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, then—
Subject to sub-paragraphs (2) to (5), Scots law applies in relation to an application made under paragraph 2 as it would apply were the application made in an action in Scotland for, as the case may be, dissolution or annulment of a civil partnership. In disposing of an application made under paragraph 2 the court must exercise its powers so as to place A and B, in so far as it is reasonable and practicable to do so, in the financial position in which they would have been had that application been disposed of, in such an action in Scotland, on the date when the overseas determination took effect. In determining what is reasonable and practicable for the purposes of sub-paragraph (2), the court must have regard in particular to— Subject to sub-paragraph (5), the court may make an order for an interim award of a periodical allowance where— Where but for paragraph 2(2)(b)(iii) the court would not have jurisdiction to entertain the application, the court may make no order for financial provision other than an order—
In this Schedule, “order for financial provision” means any one or more of the orders specified in section 8(1) of the Family Law (Scotland) Act 1985 (c. 37) or an order under section 111.
Section 138(2)
Section 145(2)
Column 2 of the table specifies the appropriate persons (or person) to give consent to a young person whose circumstances fall within column 1 and who intends to register as the civil partner of another— Case Appropriate persons 1 The circumstances do not fall within any of items 2 to 4. Each of the following— any parent of the young person who has parental responsibility for him, and any guardian of the young person. 2 A care order has effect with respect to the young person. Each of the following— the Health and Social Services Board or Health and Social Services trust designated in the order, and any parent or guardian mentioned in item 1. 3 A residence order has effect with respect to the young person. Each of the persons with whom the young person lives, or is to live, as a result of the order. 4 The circumstances do not fall within item 2 or 3, but a residence order had effect with respect to the young person immediately before he reached 16. The persons with whom the young person lived, or was to live, as a result of the order.
In the table the following expressions have the same meaning as in the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2))— and in item 1 “any guardian of the young person” means any person falling within the definition of “guardian of a child” in Article 2(2) of that Order.
Any consent required by section 145(1) must be sent to the registrar.
Any order made under paragraph 3, or a certified copy of it, must be sent to the registrar.
The registrar must keep a record of—
such particulars as may be prescribed, taken from each consent or order received by him, and
the date on which each consent or order is received by him.
The record kept under paragraph 6 must be kept with the civil partnership notice book and section 140(5) (right of inspection) applies accordingly.
Section 195
Amend the Wills and Administration Proceedings (Northern Ireland) Order 1994 (S.I. 1994/1899 (N.I. 13)) as follows.
In Article 4(1) (will made by person under 18 invalid unless he is or has been married), for “married” substitute “a spouse or civil partner”.
In Article 8(1) and (3) (avoidance of gifts to attesting witnesses and their spouses), after “spouse” (in each place) insert “or civil partner”.
In Article 9 (witnessing by creditor), after “spouse” insert “or civil partner”.
After Article 13 insert—
In Article 14 (revocation), in paragraph (1)(a), after “Article 12 (marriage)” insert “or Article 13A (civil partnership)”.
Amend Article 23 (presumption as to effect of gift to spouses) as follows. After “spouse” (in each place) insert “or civil partner”. In the heading to Article 23, after “spouses” insert “or civil partners”.
In Article 27(3) (construction and effect of references to failure of issue), after “married” insert “or formed a civil partnership”.
Section 196(1)
On an application for a dissolution, nullity or separation order, the court may make an order requiring either civil partner to make to the other for the other’s maintenance such periodical payments for such term— as the court thinks reasonable.
beginning no earlier than the date on which the application was made, and
ending with the date on which the proceedings are determined,
Section 196(3)
Section 196(4)
Section 205
Section 206
Amend Article 2 (interpretation) as follows. “home rights” has the meaning given by Article 4; In the definition of “matrimonial charge” in that paragraph, after “matrimonial” insert “or civil partnership”. Omit the definition of “matrimonial home rights” in that paragraph. In the definition of “relative” in that paragraph— After paragraph (3)(g) insert— In paragraph (7), after “matrimonial” insert “or civil partnership”.
Amend Article 3 (meaning of “cohabitees”, “relevant child” and “associated persons”) as follows. For paragraph (1)(a) substitute—. In paragraph (1)(b), after “have subsequently married each other” insert “or become civil partners of each other”. After paragraph (3)(a) insert—. After paragraph (3)(e) insert—.
Amend Article 4 (rights concerning matrimonial home where one spouse has no estate, etc.) as follows. In paragraph (1)— In paragraph (2)— In paragraph (3)— In paragraph (4)— In paragraph (5)— In paragraph (6)— In paragraph (7), for the words from first “which” to the end substitutewhich— In paragraph (8)— In paragraph (9)— In the heading to Article 4, for “matrimonial home where one spouse” substitute “home where one spouse or civil partner” and, in the preceding cross-heading, after “matrimonial” insert “or civil partnership”.
Amend Article 5 (effect of matrimonial home rights as charge on dwelling-house) as follows. In paragraph (1), for “marriage, one spouse” substitute “marriage or civil partnership, A”. In paragraph (2), for “The other spouse’s matrimonial home rights” substitute “B’s home rights”. In paragraph (3)— In paragraph (4)— In paragraph (5), for “the other spouse” substitute “A”. In paragraph (6), for “the spouses” substitute “A and B”. In paragraph (7)— In paragraph (8)— In the heading to Article 5, for “matrimonial home rights” substitute “home rights”.
Amend Article 6 (registration, etc. of matrimonial charge) as follows. In paragraphs (1), (3), (4), (5) and (6), after “matrimonial” insert “or civil partnership”. In the heading to Article 6, after “matrimonial” insert “or civil partnership”.
Amend Article 7 (restriction on registration where spouse entitled to more than one matrimonial charge) as follows. In paragraphs (1), (2) and (3), after “spouse” (in each place) insert “or civil partner”. In paragraphs (1), (2), (3) and (4), after “matrimonial” (in each place) insert “or civil partnership”. In paragraph (3), for “matrimonial home rights” substitute “home rights”. In the heading to Article 7, after “matrimonial” insert “or civil partnership”.
Amend Article 8 (cancellation of registration of matrimonial charge before completion of disposal of dwelling-house) as follows. In paragraphs (1) and (2), after “matrimonial” insert “or civil partnership”. In the heading to Article 8, after “matrimonial” insert “or civil partnership”.
Amend Article 9 (cancellation of registration after termination of marriage, etc.) as follows. In paragraph (1), for “matrimonial charge” substitute “matrimonial or civil partnership charge”. In paragraphs (1)(a), (2)(a) and (b) and (3), after “spouse” insert “or civil partner”. In paragraphs (1)(b), (2)(a) and (4), after “marriage” (in each place) insert “or civil partnership”. In paragraphs (1)(c), (2), (3) and (4), after “matrimonial” (in each place) insert “or civil partnership”. In paragraph (1)(c), for “spouse’s matrimonial home rights” substitute “spouse’s or civil partner’s home rights”. In the heading to Article 9, after “marriage” insert “or civil partnership”.
Amend Article 10 (release of matrimonial home rights and postponement of priority of matrimonial charge) as follows. In paragraph (1), for “spouse entitled to matrimonial home rights” substitute “spouse or civil partner entitled to home rights”. In paragraphs (2) and (3), for “matrimonial charge” (in each place) substitute “matrimonial or civil partnership charge”. In paragraph (2), for “matrimonial home rights” substitute “home rights”. In paragraph (3), after “spouse” insert “or civil partner”. In the heading to Article 10, after “matrimonial” (in each place) insert “or civil partnership”.
Amend Article 11 (occupation orders where applicant has estate or interest etc. or has matrimonial home rights) as follows. In paragraph (1)(a)(ii), for “matrimonial home rights” substitute “home rights”. After paragraph (2) insert— In paragraph (3)(f)— In paragraph (4), for “matrimonial home rights” substitute “home rights”. In paragraph (5)— In the heading to Article 11, for “matrimonial home rights” substitute “home rights”.
In Article 12 (effect of order under Article 11 where rights are charge on dwelling-house), in paragraph (1)—
for “a spouse’s matrimonial home rights” substitute “B’s home rights”, and
for “the other spouse” (in each place) substitute “A”.
Amend Article 13 (one former spouse with no existing right to occupy) as follows. In paragraph (1)(a) and (b), after “former spouse” insert “or former civil partner”. For paragraph (1)(c) substitute— In paragraph (2), after “former spouse” (in both places) insert “or former civil partner”. In paragraph (6)(f), after “marriage” insert “or civil partnership”. After paragraph (6)(g)(i), insert—. In paragraph (9)(a), after “former spouses” insert “or former civil partners”. In paragraphs (11) and (12), after “former spouse” insert “or former civil partner”. For paragraph (13)(a) and (b) substitute— In the heading to Article 13, after “former spouse” insert “or former civil partner”.
In Article 14 (one cohabitee or former cohabitee with no existing right to occupy), for paragraph (13)(a) and (b) substitute—
Amend Article 15 (neither spouse entitled to occupy) as follows. After paragraph (1) insert— In paragraph (3)(c), for “spouses” substitute “parties”. In the heading to Article 15, after “spouse” insert “or civil partner”.
In Article 20 (non-molestation orders), after paragraph (4) insert—
In Article 22 (evidence of agreement to marry), after paragraph (2) insert— In the heading to Article 22, after “marry” insert “or form a civil partnership”.
In Article 24 (variation and discharge of orders), in paragraph (3)—
for “a spouse’s matrimonial home rights are” substitute “B’s home rights are, under Article 12,”, and
for “the other spouse” (in each place) substitute “A”.
Amend Article 31 (dwelling-house subject to mortgage) as follows. In paragraphs (3)(a) and (4), for “matrimonial home rights” substitute “home rights”. In paragraph (5), after “spouse, former spouse” insert “, civil partner, former civil partner”.
Amend Article 33 (actions by mortgagees: service of notice on certain persons) as follows. In paragraphs (1) and (2), after “matrimonial” insert “or civil partnership”.
Amend Article 39 (appeals) as follows. At the end of paragraph (2)(b) insertor At the end of paragraph (6) insert “or a civil partnership proceedings county court exercising jurisdiction under the Civil Partnership Act 2004 in the same proceedings”.
Amend Schedule 2 (transfer of certain tenancies on divorce etc. or on separation of cohabitees) as follows. “civil partner”, except in paragraph 2, includes (where the context requires) former civil partner; In paragraph 2(1), after “spouse” (in both places) insert “or civil partner”. The court may make a Part II order— In paragraph 2(3), after “spouse” insert “or civil partner”. Omit “or” at the end of paragraph 4(1)(a) and insert—. In paragraph 5(a), after “spouses” insert “, civil partners”. In paragraph 6, after “spouse” (in both places) insert “, civil partner”. In paragraph 7(1) and (2), after “spouse” (in each place) insert “, civil partner”. If the spouse, civil partner or cohabitee so entitled is a successor within the meaning of Chapter 2 of Part 2 of the Housing (Northern Ireland) Order 1983 (S.I. 1983/1118 (N.I. 15))— is to be deemed also to be a successor within the meaning of that Chapter. In paragraph 8(1) and (2)(a) and (b), after “spouse” insert “, civil partner”. In paragraph 8(3), after “widower” insert “or surviving civil partner”. In paragraph 9(1) (in both places), after “spouse” insert “, civil partner”. In paragraph 10(1), after “spouses” insert “, civil partners”. In paragraph 10(2), after “spouse” insert “, civil partner”. For paragraph 11 and the heading preceding it, substitute— For paragraph 12 and the heading preceding it substitute— In paragraph 14(1)— In paragraph 14(2), after “spouse” insert “, civil partner”.
Any reference (however expressed) in any enactment, instrument or document (whether passed or made before or after the passing of this Act)— is to be construed, so far as is required for continuing the effect of the instrument or document, as being or as the case requires including a reference to home rights under, or within the meaning of, the 1998 Order as amended by this Schedule. Any reference (however expressed) in the 1998 Order or in any other enactment, instrument or document (including any enactment amended by this Schedule) to home rights under, or within the meaning of, the 1998 Order is to be construed as including, in relation to times, circumstances and purposes before the commencement of this Schedule, references to rights of occupation under, or within the meaning of, Part II of the 1984 Order and to matrimonial home rights under, or within the meaning of, the 1998 Order without the amendments made by this Schedule. Any reference (however expressed) in any enactment, instrument or document (whether passed or made before or after the passing of this Act) to a matrimonial charge under, or within the meaning of— is to be construed, so far as is required for continuing the effect of the instrument or document, as being or as the case requires including a reference to a matrimonial or civil partnership charge under, or within the meaning of, the 1998 Order as amended by this Schedule. Any reference (however expressed) in the 1998 Order or in any other enactment, instrument or document (including any enactment amended by this Schedule) to a matrimonial or civil partnership charge under, or within the meaning of, the 1998 Order is to be construed as including, in relation to times, circumstances and purposes before the commencement of this Schedule, references to a matrimonial charge under, or within the meaning of—
Section 213 A relationship is specified for the purposes of section 213 (meaning of “overseas relationship”) if it is registered in a country or territory given in the first column of the table and fits the description given in relation to that country or territory in the second column— Country or territory Description Belgium cohabitation légale (statutory cohabitation) Belgium marriage Canada: Nova Scotia domestic partnership Canada: Quebec civil union Denmark registreret partnerskab (registered partnership) Finland rekisteröity parisuhde (registered partnership) France pacte civile de solidarité (civil solidarity pact) Germany Lebenspartnerschaft (life partnership) Iceland staðfesta samvist (confirmed cohabitation) Netherlands geregistreerde partnerschap (registered partnership) Netherlands marriage Norway registrert partnerskap (registered partnership) Sweden registrerat partnerskap (registered partnership) United States of America: Vermont civil union
Section 247
The Declinature Act 1681 (c. 79) (Senators of College of Justice not to sit in causes of persons related to them).
Section 21 of the Small Landholders (Scotland) Act 1911 (c. 49) (assignment of holding).
Section 68(2)(e) of the Marriage Act 1949 (c. 76) (solemnisation of marriages of stepchildren of servicemen in naval, military and air force chapels etc.).
Section 7(7) of the Leasehold Reform Act 1967 (c. 88) (rights of members of family succeeding to tenancy on death: member of another’s family).
Section 18(3) of that Act (residential rights and exclusion of enfranchisement or extension: adult member of another’s family).
Section 2(2) of the Employers' Liability (Compulsory Insurance) Act 1969 (c. 57) (employees to be covered).
Section 27(5) of the Parliamentary and other Pensions Act 1972 (c. 48) (pensions for dependants of Prime Minister or Speaker).
Section 184(5) of the Consumer Credit Act 1974 (c. 39) (associates).
Section 1(5) of the Fatal Accidents Act 1976 (c. 30) (right of action for wrongful act causing death: who are dependants).
The definition of “relative” in section 31(1) of the Credit Unions Act 1979 (c. 34) (interpretation, etc.).
Section 32(3) of the Estate Agents Act 1979 (c. 38) (“associate”: meaning of relative).
Section 13(1) of the Administration of Justice Act 1982 (c. 53) (deduction of relationships).
Section 12(5) of the Mental Health Act 1983 (c. 20) (general provisions as to medical recommendations: persons who may not give recommendations).
Section 25C(10) of that Act (supervision applications: meaning of “close relative”).
Section 5(3) of the Mobile Homes Act 1983 (c. 34) (interpretation: member of another’s family).
Section 153(4) of the Companies Act 1985 (c. 6) (transactions not prohibited by section 151).
Section 203(1) of that Act (notification of family and corporate interests: person interested in shares).
Section 327(2) of that Act (extension of section 323 to spouses and children).
Section 328(8) of that Act (extension of section 324 to spouses and children).
Section 346(2) of that Act (“connected persons”).
Section 430E(8) of that Act (associates).
Section 742A(6) of that Act (meaning of “offer to the public”).
Section 74(4)(a) of the Bankruptcy (Scotland) Act 1985 (c. 66) (meaning of “associate”).
Section 113(2) of the Housing Act 1985 (c. 68) (members of a person’s family).
Section 186(2) of that Act (members of a person’s family).
Section 105(2) of the Housing Associations Act 1985 (c. 69) (members of a person’s family).
Section 20(6) of the Airports Act 1986 (c. 31) (powers of investment and disposal in relation to public airport companies).
Section 435(8) of the Insolvency Act 1986 (c. 45) (meaning of “associate”).
Section 70(2)(a) and (c), (3)(a) and (4) of the Building Societies Act 1986 (c. 53) (interpretation).
Section 83(2)(c) of the Housing (Scotland) Act 1987 (c. 26) (members of a person’s family).
Section 4(6) of the Landlord and Tenant Act 1987 (c. 31) (relevant disposals).
Section 52(2)(a) of the Companies Act 1989 (c. 40) (meaning of “associate”).
The definition of “relative” in section 105(1) of the Children Act 1989 (c. 41) (interpretation).
Paragraph 1(2) of Schedule 2 to the Broadcasting Act 1990 (c. 42) (restrictions on the holding of licences).
Section 11(1) of the Agricultural Holdings (Scotland) Act 1991 (c. 55) (bequest of lease).
Section 77(3)(c) of the Friendly Societies Act 1992 (c. 40) (information on appointed actuary to be annexed to balance sheet).
The definitions of “son” and “daughter” in section 119A(2) of that Act (meaning of “associate”).
Paragraph 2(1) of Schedule 5 to the Charities Act 1993 (c. 10) (meaning of “connected person” for purposes of section 36(2)).
Section 10(5) of the Leasehold Reform, Housing and Urban Development Act 1993 (c. 28) (premises with a resident landlord: adult member of another’s family).
Section 61(2) of the Crofters (Scotland) Act 1993 (c. 44) (member of family).
Section 2 of the Criminal Law (Consolidation) (Scotland) Act 1995 (c. 39) (intercourse with stepchild).
Section 161(1) of the Employment Rights Act 1996 (c. 18) (domestic servants).
The definition of “relative” in section 63(1) of the Family Law Act 1996 (c. 27) (interpretation of Part 4 of the 1996 Act).
Section 62(2) of the Housing Act 1996 (c. 52) (members of a person’s family: Part 1).
Section 140(2) of that Act (members of a person’s family: Chapter 1).
Section 143P(3) of that Act (members of a person’s family: Chapter 1A).
The definition of “relative” in section 178(3) of that Act (meaning of associated person).
Section 422(4)(b) of the Financial Services and Markets Act 2000 (c. 8) (controller).
Paragraph 16(2) of Schedule 11 to that Act (offers of securities).
Section 108(2)(c) of the Housing (Scotland) Act 2001 (asp 10) (meaning of certain terms).
Section 1(3) of the Mortgage Rights (Scotland) Act 2001 (asp 11) (application to suspend enforcement of standard security).
Paragraph 3(8) of Schedule 6 to the Commonhold and Leasehold Reform Act 2002 (c. 15) (premises excluded from right to manage).
Section 127(6) of the Enterprise Act 2002 (c. 40) (associated persons).
Section 248
The definition of “member of the family” in section 101 of the Industrial and Provident Societies Act (Northern Ireland) 1969 (c. 24 (N.I.)) (interpretation).
Section 1(3)(f) of the Leasehold (Enlargement and Extension) Act (Northern Ireland) 1971 (c. 7 (N.I.)) (persons to have rights to acquire a fee simple or to obtain extension of a lease).
Section 19(1)(a) of that Act (family of a person).
Section 3(7) of the Pensions (Increase) Act (Northern Ireland) 1971 (c. 35 (N.I.)) (dependants).
Article 6 of the Employers' Liability (Defective Equipment and Compulsory Insurance) (Northern Ireland) Order 1972 (S.I. 1972/963 (N.I. 6)) (employees to be exempted).
Article 2(2) of the Fatal Accidents (Northern Ireland) Order 1977 (S.I. 1977/ 1251 (N.I. 18)) (dependants).
Article 2(5) of the Housing (Northern Ireland) Order 1981 (S.I. 1981/156 (N.I. 3)) (interpretation).
Article 24(3) of the Housing (Northern Ireland) Order 1983 (S.I. 1983/1118 (N.I. 15)) (interpretation).
The definition of “member of the family” in Article 2(2) of the Credit Unions (Northern Ireland) Order 1985 (S.I. 1985/1205 (N.I. 12)) (interpretation).
Schedule 1 to the Mental Health (Northern Ireland) Order 1986 (S.I. 1986/ 595 (N.I. 4)) (general provisions as to medical recommendations: persons who may not give recommendations).
Article 10A of the Companies (Northern Ireland) Order 1986 (S.I. 1986/1032 (N.I. 6)) (meaning of “offer to the public”).
Article 211(1) of that Order (notification of family and corporate interests: person interested in shares).
Article 335(2) of that Order (extension of Article 331 to spouses and children).
Article 336(8) of that Order (extension of Article 332 to spouses and children).
Article 354(2) of that Order (“connected persons”).
Article 423(8) of that Order (associates).
Article 4(8) of the Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19)) (meaning of “associate”).
Article 54(2)(a) of the Companies (Northern Ireland) Order 1990 (S.I. 1990/ 593 (N.I. 5)) (meaning of “associate”).
Article 2(4) of the Registered Homes (Northern Ireland) Order 1992 (S.I. 1992/3204 (N.I. 20)) (meaning of “relative”).
The definition of “relative” in Article 2(2) of the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2)).
Article 196(1) of the Employment Rights (Northern Ireland) Order 1996 (S.I. 1996/1919 (N.I. 16)) (domestic servants).
The definition of “relative” in Article 2(2) of the Family Homes and Domestic Violence (Northern Ireland) Order 1998 (S.I. 1998/1071 (N.I. 6)) (interpretation).
Article 3(2) of the Housing (Northern Ireland) Order 2003 (S.I. 2003/412 (N.I. 2)) (members of a person’s family).
The definition of “relative” in Article 2(2) of the Firearms (Northern Ireland) Order 2004 (S.I. 2004/702 (N.I. 3)) (interpretation).
Section 249
Any power to make regulations under this Schedule is exercisable by statutory instrument which is subject to annulment in pursuance of a resolution of either House of Parliament.
Section 254
In section 8 (role of the courts with respect to maintenance for children), after subsection (11)(e) insert—.
In section 15 (powers of inspectors), in subsection (7)—
after “married” insert “or is a civil partner”, and
after “spouse” insert “or civil partner”.
In section 55 (meaning of “child”), in subsection (2)—
in paragraph (a), after “married” insert “or a civil partner”,
in paragraph (b), after “marriage” insert “, or been a party to a civil partnership,”, and
in paragraph (c), after “granted” insert “or has been a party to a civil partnership in respect of which a nullity order has been made”.
For paragraph 6(5)(b) (as originally enacted) of Schedule 1 (maintenance assessments) substitute—.
For the purposes of this paragraph, two adults of the same sex are to be regarded as living together in the same household as if they were civil partners if, but only if, they would be regarded as living together as husband and wife were they instead two adults of the opposite sex.
In sub-paragraph (4)(a), “couple” means— For the purposes of this paragraph, two people of the same sex are to be regarded as living together as if they were civil partners if, but only if, they would be regarded as living together as husband and wife were they instead two people of the opposite sex.
In Article 3 (meaning of “child”), in paragraph (2)—
in sub-paragraph (a), after “married” insert “or a civil partner”,
in sub-paragraph (b), after “marriage” insert “, or been a party to a civil partnership,”, and
in sub-paragraph (c), after “granted” insert “or has been a party to a civil partnership in respect of which a nullity order has been made”.
In Article 10 (role of the courts with respect to maintenance for children), after paragraph (11)(d) insert—.
In Article 17 (powers of inspectors), in paragraph (7)—
after “married” insert “or is a civil partner”, and
after “spouse” insert “or civil partner”.
For paragraph 6(5)(b) (as originally enacted) of Schedule 1 (maintenance assessments) substitute—.
For the purposes of this paragraph, two adults of the same sex are to be regarded as living together in the same household as if they were civil partners if, but only if, they would be regarded as living together as husband and wife were they instead two adults of the opposite sex.
In sub-paragraph (4)(a), “couple” means— For the purposes of this paragraph, two people of the same sex are to be regarded as living together as if they were civil partners if, but only if, they would be regarded as living together as husband and wife were they instead two people of the opposite sex.
In section 20 (descriptions of contributory benefits), in subsection (1)(f)(ii), after “spouse” insert “or civil partner”.
In section 30A (incapacity benefit: entitlement), in subsection (2)(b)(ii), after “spouse” insert “or deceased civil partner”.
In section 30B (incapacity benefit: rate), in subsection (3)(a), after “people” insert “or civil partners”.
Amend section 36 (bereavement payment) as follows. In subsection (1), after “spouse” (in each place) insert “or civil partner”. For subsection (2) substitute—
In section 36A (cases in which sections 37 to 41 apply), in subsection (2), after “spouse” insert “or civil partner”.
Amend section 37 (widowed mother’s allowance) as follows. In subsection (3), after “remarries” insert “or forms a civil partnership”. After subsection (4)(b) insertor
Amend section 38 (widow’s pension) as follows. In subsection (2), after “remarries” insert “or forms a civil partnership”. After subsection (3)(c) insertor
Amend section 39A (widowed parent’s allowance) as follows. After “spouse” (in each place other than subsections (2)(b) and (4)), insert “or civil partner”. After “spouse's” (in each place) insert “or civil partner's”. In subsection (2), after paragraph (b) insertor In subsection (4), after “remarries” insert “or forms a civil partnership”. After subsection (4) insert— After subsection (5)(b) insertor
Amend section 39B (bereavement allowance where no dependent children) as follows. After “spouse” (in each place) other than subsection (4), insert “or civil partner”. After “spouse's” (in each place) insert “or civil partner's”. In subsection (4), after “remarries” insert “or forms a civil partnership”. After subsection (4) insert— After subsection (5)(b) insertor
In section 39C (rate of widowed parent’s allowance and bereavement allowance)—
after “spouse” (in each place) insert “or civil partner”, and
in subsection (5), after “spouse's” insert “or civil partner's”.
In section 46 (modifications of section 45 for calculating the additional pension in certain benefits)—
after “under pensionable age”, in subsection (2), insert “or by virtue of section 39C(1) above or section 48A(4), 48B(2) or 48BB(5) below in a case where the deceased civil partner died under pensionable age”,
after “spouse”, in paragraph (b)(i) of the definition of “N” in subsection (2), insert “or civil partner”, and
after “spouse” (in each place) in subsection (3), insert “or civil partner”.
Amend section 48 (use of former spouse’s contributions) as follows. In subsection (1)— In subsection (2), for “marriage” substitute “relevant relationship”. For subsection (3) substitute—
Amend section 48A (category B retirement pension for married person) as follows. After subsection (2) insert— In subsections (3) and (4), after “spouse” insert “or contributing civil partner”. In subsection (4A), for “widow or widower” substitute “widow, widower or surviving civil partner”. In subsection (5), after “spouse's” insert “or contributing civil partner's”. Section 48A (as amended by this paragraph) does not confer a right to a Category B retirement pension on a person by reason of his or her forming a civil partnership with a person who was born before 6th April 1950.
Amend section 48B (category B retirement pension for widows and widowers) as follows. After subsection (1) insert— In subsection (2), after “subsection (1)” insert “or (1A)”. In subsection (3), after “spouse” (in each place) insert “or civil partner”.
Amend section 48BB (category B retirement pension: entitlement by reference to benefits under section 39A or 39B) as follows. After “spouse” (in each place) insert “or civil partner”. After “spouse's” (in each place) insert “or civil partner's”. In subsections (1)(b) and (3)(b), for “remarried” substitute “following that death married or formed a civil partnership”.
Amend section 51 (category B retirement pension for widowers) as follows. After subsection (1) insert— In subsection (2)— In subsection (3), after “2002” insert “or a surviving civil partner”. In subsection (4)— Section 51 (as amended by this paragraph) does not confer a right to a Category B retirement pension on a person who attains pensionable age on or after 6th April 2010.
In section 51A (special provision for married people), in subsection (1)—
after “person” insert “or civil partner”, and
after “marriage” insert “or civil partnership”.
In section 52 (special provision for surviving spouses), in subsection (1), after “spouse” insert “or civil partner”.
In section 60 (complete or partial failure to satisfy contributions conditions), in subsection (2)—
after “married” insert “or a civil partner”, and
for “widow or widower” substitute “widow, widower or surviving civil partner”.
In section 61A (contributions paid in error), in subsection (3)—
after “spouse” insert “or civil partner”, and
in paragraph (b), for “widows or widowers” substitute “widows, widowers or surviving civil partners”.
In section 62 (graduated retirement benefit), after subsection (1)(aa) insert—.
In section 77 (guardian’s allowance)—
in subsection (6)(a)(ii), after “spouses” insert “or civil partners”, and
in subsection (8)(a), after “divorce” insert “or the civil partnership of the child’s parents has been dissolved”.
In section 82 (short-term benefit: increase for adult dependants)—
in subsection (3)(a) and (b), after “husband” insert “or civil partner”,
in subsection (3)(b), for “his” substitute “her husband’s or civil partner's”, and
in subsection (4)(a), after “spouse” insert “or civil partner”.
In section 83A (pension increase for spouse)—
in subsection (1), for “married pensioner” substitute “pensioner who is married or a civil partner”, and
in subsections (2) and (3), after “spouse” (in each place) insert “or civil partner”.
Amend section 85 (pension increase: person with care of children) as follows. Omit subsection (1). After subsection (1) insert— In subsection (2)— After subsection (2) insert— In subsection (4), after “subsection” insert “(1A) or”.
In section 113 (general provisions as to disqualification and suspension), in subsection (1), for “wife or husband,” substitute “wife, husband or civil partner,”.
In section 114 (persons maintaining dependants etc.)—
in subsection (2), for “wife” substitute “wife, civil partner”, and
in subsection (3)(a), after “spouse” insert “or civil partner”.
After subsection (1)(a) of section 121 (treatment of certain marriages) insert—.
Amend section 122 (interpretation of Parts 1 to 6 and supplementary provisions) as follows. In subsection (1), in the definition of “relative” after “by marriage” insert “or civil partnership”. After subsection (1) insert—
In section 124 (income support), in subsection (1)(c), (f) and (g), for “married or unmarried couple” substitute “couple”.
In section 126 (trade disputes), in subsection (3)(b), (c) and (d), for “married or unmarried couple” substitute “couple”.
In section 127 (effect of return to work), for “married or unmarried couple” (in each place) substitute “couple”.
In section 132 (couples), in subsection (1), for “married or unmarried couple” substitute “couple”.
Amend section 137 (interpretation of Part 7 and supplementary provisions) as follows. In paragraphs (a), (b) and (c) of the definition of “family” in subsection (1), for “married or unmarried couple” substitute “couple”. “couple” means— Omit the definitions of “married couple” and “unmarried couple” in subsection (1). After subsection (1) insert—
In section 143 (meaning of “person responsible for child”), in subsection (5), after “spouses” insert “or civil partners”.
Amend section 145A (entitlement after death of child) as follows. In subsection (2)— “civil partnership” means two people of the same sex who are civil partners of each other and are neither— “cohabiting same-sex couple” means two people of the same sex who are not civil partners of each other but are living together as if they were civil partners, After subsection (5) insert—
Amend section 150 (interpretation of Part 10) as follows. In the definition of “war widow’s pension” in subsection (2)— For subsection (3) substitute—
In section 171ZL (entitlement to statutory adoption pay), in subsection (4)(b)—
after “married couple” insert “or civil partnership”, and
after “spouse” (in each place) insert “or civil partner”.
Amend Schedule 4A (additional pension) as follows. In paragraph 1(2), after “under pensionable age,” insert “or by virtue of section 39C(1), 48A(4) or 48B(2) above, in a case where the deceased civil partner died under pensionable age,”. In paragraph 1(4)(a) and (b), (5), (6) and (7)(a) and (b), after “spouse” insert “or civil partner”.
Amend Schedule 7 (industrial injuries benefits) as follows. For paragraph 4(3)(a) of Part 1 substitute—. In paragraph 5(2)(a)(ii) of Part 1, after “spouses” insert “or civil partners”. In Part 1— In paragraph 15 of Part 6—
Amend Schedule 8 (industrial injuries and diseases: old cases) as follows. In paragraph 6(4)(d), and the substituted paragraph (d) in paragraph 6(5), after “spouse” (in each place) insert “or civil partner”. Any reference in this Schedule to a member of a person’s family within the meaning of the Workmen’s Compensation Act 1925 is to be read as including a civil partner of his.
In Schedule 9 (exclusions from entitlement to child benefit), in paragraph 3, after “married” insert “or is a civil partner”.
“couple” has the meaning given by section 137(1) of the Contributions and Benefits Act;
In section 3 (late claims for bereavement benefit where death is difficult to establish)—
after “spouse” (in each place) insert “or civil partner”, and
after “spouse's” (in each place) insert “or civil partner's”.
Amend section 15A (payment out of benefit of sums in respect of mortgage interest etc.) as follows. In subsection (4)— After subsection (4A) insert—
Amend section 71 (overpayments – general) as follows. In subsection (9), for “married or unmarried couple” substitute “couple”. After subsection (11) insert—
In section 73 (overlapping benefits – general), in subsections (2)(b) and (d) and (5)(b) and (d), for “wife or husband” substitute “wife, husband or civil partner”.
In section 74A (payment of benefit where maintenance payments collected by Secretary of State), in subsection (5)—
“couple” has the meaning given by section 137(1) of the Contributions and Benefits Act;
in the definition of “family”, for “married or unmarried couple” (in each place) substitute “couple”, and
omit the definitions of “married couple” and “unmarried couple”.
Amend section 78 (recovery of social fund awards) as follows. In subsection (3)(b), for “married or unmarried couple” substitute “couple”. For subsection (5) substitute— In subsection (6)—
In section 105 (failure to maintain – general), in subsection (4), after “spouse” insert “or civil partner”.
Amend section 107 (recovery of expenditure on income support: additional amounts and transfer of orders) as follows. In subsection (1)(b), after “wife” insert “or civil partner”. In subsection (15), after paragraph (a)(ii) of the definition of “maintenance order” insert—.
In section 109B (power to require information), in subsection (5)(a), for “married, his spouse” substitute “married or is a civil partner, his spouse or civil partner”.
In section 139 (arrangement for community charge benefits), in subsection (11), in the definition of “war widow’s pension”—
after “any widow's” insert “or surviving civil partner's”, and
after “widow” insert “or surviving civil partner”.
In section 156 (up-rating under section 150 of pensions increased under section 52(3) of the Contributions and Benefits Act)—
in subsection (1), after “spouse” insert “or civil partner”, and
in subsections (2) and (3), after “spouse's” (in each place) insert “or civil partner's”.
In section 20 (descriptions of contributory benefits), in subsection (1)(f)(ii), after “spouse” insert “or civil partner”.
In section 30A (incapacity benefit: entitlement), in subsection (2)(b)(ii), after “spouse” insert “or deceased civil partner”.
In section 30B (incapacity benefit: rate), in subsection (3)(a), after “people” insert “or civil partners”.
Amend section 36 (bereavement payment) as follows. In subsection (1), after “spouse” (in each place) insert “or civil partner”. For subsection (2) substitute—
In section 36A (cases in which sections 37 to 41 apply), in subsection (2), after “spouse” insert “or civil partner”.
Amend section 37 (widowed mother’s allowance) as follows. In subsection (3), after “remarries” insert “or forms a civil partnership”. After subsection (4)(b) insertor
Amend section 38 (widow’s pension) as follows. In subsection (2), after “remarries” insert “or forms a civil partnership”. After subsection (3)(c) insertor
Amend section 39A (widowed parent’s allowance) as follows. After “spouse” (in each place other than subsections (2)(b) and (4)), insert “or civil partner”. After “spouse's” (in each place) insert “or civil partner's”. In subsection (2), after paragraph (b) insertor In subsection (4), after “remarries” insert “or forms a civil partnership”. After subsection (4) insert— After subsection (5)(b) insertor
Amend section 39B (bereavement allowance where no dependent children) as follows. After “spouse” (in each place other than subsection (4)), insert “or civil partner”. After “spouse's” (in each place) insert “or civil partner's”. In subsection (4), after “remarries” insert “or forms a civil partnership”. After subsection (4) insert— After subsection (5)(b) insertor
In section 39C (rate of widowed parent’s allowance and bereavement allowance)—
after “spouse” (in each place) insert “or civil partner”, and
in subsection (5), after “spouse's” insert “or civil partner's”.
In section 46 (modifications of section 45 for calculating the additional pension in certain benefits)—
after “under pensionable age”, in subsection (2), insert “or by virtue of section 39C(1) above or section 48A(4), 48B(2) or 48BB(5) below in a case where the deceased civil partner died under pensionable age”,
after “spouse”, in paragraph (b)(i) of the definition of “N” in subsection (2), insert “or civil partner”, and
after “spouse” (in each place) in subsection (3), insert “or civil partner”.
Amend section 48 (use of former spouse’s contributions) as follows. In subsection (1)— In subsection (2), for “marriage” substitute “relevant relationship”. For subsection (3) substitute—
Amend section 48A (category B retirement pension for married person) as follows. After subsection (2) insert— In subsections (3) and (4), after “spouse” insert “or contributing civil partner”. In subsection (4A), for “widow or widower” substitute “widow, widower or surviving civil partner”. In subsection (5), after “spouse's” insert “or contributing civil partner's”. Section 48A (as amended by this paragraph) does not confer a right to a Category B retirement pension on a person by reason of his or her forming a civil partnership with a person who was born before 6th April 1950.
Amend section 48B (category B retirement pension for widows and widowers) as follows. After subsection (1) insert— In subsection (2), after “subsection (1)” insert “or (1A)”. In subsection (3), after “spouse” (in each place) insert “or civil partner”.
Amend section 48BB (category B retirement pension: entitlement by reference to benefits under section 39A or 39B) as follows. After “spouse” (in each place) insert “or civil partner”. After “spouse's” (in each place) insert “or civil partner's”. In subsections (1)(b) and (3)(b), for “remarried” substitute “following that death married or formed a civil partnership”.
Amend section 51 (category B retirement pension for widowers) as follows. After subsection (1) insert— In subsection (2)— In subsection (3), after “2002” insert “or a surviving civil partner”. In subsection (4)— Section 51 (as amended by this paragraph) does not confer a right to a Category B retirement pension on a person who attains pensionable age on or after 6th April 2010.
In section 51A (special provision for married people), in subsection (1)—
after “person” insert “or civil partner”, and
after “marriage” insert “or civil partnership”.
In section 52 (special provision for surviving spouses), in subsection (1), after “spouse” insert “or civil partner”.
In section 60 (complete or partial failure to satisfy contribution conditions), in subsection (2)—
after “married” insert “or a civil partner”, and
for “widow or widower” substitute “widow, widower or surviving civil partner”.
In section 61A (contributions paid in error), in subsection (3)—
after “spouse” insert “or civil partner”, and
in paragraph (b), for “widows or widowers” substitute “widows, widowers or surviving civil partners”.
In section 62 (graduated retirement benefit), after subsection (1)(aa) insert—.
In section 77 (guardian’s allowance)—
in subsection (6)(a)(ii), after “spouses” insert “or civil partners”, and
in subsection (8)(a), after “divorce” insert “or the civil partnership of the child’s parents has been dissolved”.
In section 82 (short-term benefit: increase for adult dependants)—
in subsection (3)(a) and (b), after “husband” insert “or civil partner”,
in subsection (3)(b), for “his” substitute “her husband’s or civil partner's”, and
in subsection (4)(a), after “spouse” insert “or civil partner”.
In section 83A (pension increase for spouse)—
in subsection (1), for “married pensioner” substitute “pensioner who is married or a civil partner”, and
in subsections (2) and (3), after “spouse” (in each place) insert “or civil partner”.
Amend section 85 (pension increase (person with care of children)) as follows. Omit subsection (1). After subsection (1) insert— In subsection (2)— After subsection (2) insert— In subsection (4), after “subsection” insert “(1A) or”.
In section 113 (general provisions as to disqualification and suspension), in subsection (1), for “wife or husband,” substitute “wife, husband or civil partner,”.
In section 114 (persons maintaining dependants etc.)—
in subsection (2), for “wife” substitute “wife, civil partner”, and
in subsection (3)(a), after “spouse” insert “or civil partner”.
In section 120 (treatment of certain marriages), after subsection (1)(a) insert—.
Amend section 121 (interpretation of Parts 1 to 6 and supplementary provisions) as follows. In subsection (1), in the definition of “relative” after “by marriage” insert “or civil partnership”. After subsection (1) insert—
In section 123 (income support), in subsection (1)(c), (f) and (g), for “married or unmarried couple” substitute “couple”.
In section 125 (trade disputes), in subsection (3)(b), (c) and (d), for “married or unmarried couple” substitute “couple”.
In section 126 (effect of return to work), for “married or unmarried couple” (in each place) substitute “couple”.
Amend section 133 (interpretation of Part 7 and supplementary provisions) as follows. In paragraphs (a), (b) and (c) of the definition of “family” in subsection (1), for “married or unmarried couple” substitute “couple”. “couple” means— Omit the definitions of “married couple” and “unmarried couple” in subsection (1). After subsection (1) insert—
In section 139 (meaning of “person responsible for child”), in subsection (5), after “spouses” insert “or civil partners”.
Amend section 141A (entitlement after death of child) as follows. In subsection (2)— “civil partnership” means two people of the same sex who are civil partners of each other and are neither— “cohabiting same-sex couple” means two people of the same sex who are not civil partners of each other but are living together as if they were civil partners, After subsection (5) insert—
Amend section 146 (interpretation of Part 10) as follows. In the definition of “war widow’s pension” in subsection (2)— For subsection (3) substitute—
In section 167ZL (entitlement to statutory adoption pay), in subsection (4)(b)—
after “married couple” insert “or civil partnership”, and
after “spouse” (in each place) insert “or civil partner”.
Amend Schedule 4A (additional pension) as follows. In paragraph 1(2), after “under pensionable age,” insert “or by virtue of section 39C(1), 48A(4) or 48B(2) above, in a case where the deceased civil partner died under pensionable age,”. In paragraph 1(4)(a) and (b), (5), (6) and (7)(a) and (b), after “spouse” insert “or civil partner”.
Amend Schedule 7 (industrial injuries benefits) as follows. For paragraph 4(3)(a) of Part 1 substitute—. In paragraph 5(2)(a)(ii) of Part 1, after “spouses” insert “or civil partners”. In Part 1— In paragraph 15 of Part 6—
In Schedule 9 (exclusions from entitlement to child benefit), in paragraph 3, after “married” insert “or is a civil partner”.
“couple” has the meaning given by section 133(1) of the Contributions and Benefits Act;
In section 3 (late claims for bereavement benefit where death is difficult to establish)—
after “spouse” (in each place) insert “or civil partner”, and
after “spouse's” (in each place) insert “or civil partner's”.
Amend section 13A (payment out of benefit of sums in respect of mortgage interest etc.) as follows. In subsection (4)— After subsection (4A) insert—
Amend section 69 (overpayments – general) as follows. In subsection (9), for “married or unmarried couple” substitute “couple”. After subsection (11) insert—
In section 71 (overlapping benefits – general), in subsections (2)(b) and (d) and (5)(b) and (d), for “wife or husband” substitute “wife, husband or civil partner”.
In section 72A (payment of benefit where maintenance payments collected by Department), in subsection (5)—
“couple” has the meaning given by section 133(1) of the Contributions and Benefits Act;
in the definition of “family”, for “married or unmarried couple” (in each place) substitute “couple”, and
omit the definitions of “married couple” and “unmarried couple”.
Amend section 74 (recovery of social fund awards) as follows. In subsection (3)(b), for “married or unmarried couple” substitute “couple”. For subsection (5) substitute— In subsection (6)—
In section 100 (failure to maintain – general), in subsection (4), after “spouse” insert “or civil partner”.
In section 102 (recovery of expenditure on income support: additional amounts and transfer of orders), in subsection (1)(b), after “wife” insert “or civil partner”.
In section 103B (power to require information), in subsection (5)(a), for “married, his spouse” substitute “married or is a civil partner, his spouse or civil partner”.
In section 136 (up-rating under section 132 of pensions increased under section 52(3) of the Contributions and Benefits Act)—
in subsection (1), after “spouse” insert “or civil partner”, and
in subsections (2) and (3), after “spouse's” (in each place) insert “or civil partner's”.
In section 1 (the jobseeker’s allowance), in subsection (4), in the definition of “a joint-claim couple”, for “married or unmarried couple” substitute “couple”.
In section 3 (the income-based conditions), in subsection (1)(dd) and (e), for “married or unmarried couple” substitute “couple”.
In section 15 (effect on other claimants), in subsection (2)(b), for “married or unmarried couple” substitute “couple”.
In section 15A (trade disputes: joint-claim couples), in subsection (5)(c), for “married or unmarried couple” substitute “couple”.
In section 23 (recovery of sums in respect of maintenance), in subsection (1), after “spouse” insert “or civil partner”.
In section 31 (termination of awards), in subsections (1) and (2), for “married or unmarried couple” substitute “couple”.
Amend section 35 (interpretation) as follows. “couple” means— In paragraphs (a), (b) and (c) of the definition of “family” in subsection (1), for “married or unmarried couple” substitute “couple”. Omit the definitions of “married couple” and “unmarried couple” in subsection (1). After subsection (1) insert—
In Schedule 1 (supplementary provisions), in paragraph 9C(1), for “married or unmarried couple” substitute “couple”.
Amend subsection (7) of section 10 (the child maintenance bonus) as follows. “couple” means— In the definition of “family” for “married or unmarried couple” (in each place) substitute “couple”. Omit the definitions of “married couple” and “unmarried couple”.
After section 10(7) insert—
Amend paragraph (7) of Article 4 (the child maintenance bonus) as follows. “couple” means— In the definition of “family” for “married or unmarried couple” (in each place) substitute “couple”. Omit the definitions of “married couple” and “unmarried couple”.
After that paragraph insert—
Amend Article 2 (interpretation) as follows. “couple” means— In paragraphs (a), (b) and (c) of the definition of “family” in paragraph (2), for “married or unmarried couple” substitute “couple”. Omit the definitions of “married couple” and “unmarried couple” in paragraph (2). After paragraph (2) insert—
In Article 3 (the jobseeker’s allowance), in paragraph (4), in the definition of “a joint-claim couple”, for “married or unmarried couple” substitute “couple”.
In Article 5 (the income-based conditions), in paragraphs (1)(dd) and (e), for “married or unmarried couple” substitute “couple”.
In Article 17 (effect on other claimants), in paragraph (2)(b), for “married or unmarried couple” substitute “couple”.
In Article 17A (trade disputes: joint-claim couples), in paragraph (5)(c), for “married or unmarried couple” substitute “couple”.
In Article 25 (recovery of sums in respect of maintenance), in paragraph (1), after “spouse” insert “or civil partner”.
In Article 32 (termination of awards), in paragraphs (1) and (2), for “married or unmarried couple” substitute “couple”.
In Schedule 1 (supplementary provisions), in paragraph 9C(1), for “married or unmarried couple” substitute “couple”.
Amend section 72 (power to reduce child benefit for lone parents) as follows. In subsection (2), after “spouse” (in each place) insert “or civil partner”. After subsection (2) insert—
Amend Article 68 (power to reduce child benefit for lone parents) as follows. In paragraph (2), after “spouse” (in each place) insert “or civil partner”. After paragraph (2) insert—.
In sections 2(5)(a) and (8)(b), 3(1)(b), 4(1), 5, 6(3)(c)(ii) and 9(4)(a), (b) and (d), for “married or unmarried couple” substitute “couple”.
In section 2(5)(b), for “such a couple” substitute “a couple”.
Amend subsection (1) of section 17 (other interpretation provisions) as follows. “couple” means— In the definition of “foreign war widow’s or widower’s pension” for “widow or widower” (in each place) substitute “widow, widower or surviving civil partner”. Omit the definitions of “married couple” and “unmarried couple”. In the definition of “war widow’s or widower’s pension”—
After section 17(1) insert—
Amend section 3 (claims) as follows. In subsection (3)(a), for “married couple or unmarried couple” substitute “couple”. For subsections (5) and (6) substitute—
In sections 4(1)(g), 11(6)(b) and (c), 17(10)(b), 24(2) and 32(6), for “married couple or an unmarried couple” (in each place) substitute “couple”.
In sections 4(1)(g) and 17(10)(b), for “the married couple or unmarried couple” substitute “the couple”.
Renumber section 48 (interpretation) as subsection (1) of that section. “couple” has the meaning given by section 3(5A), and omit the definitions of “married couple” and “unmarried couple”. After subsection (1) insert—
In sections 2(5)(a) and (8)(b), 3(1)(b), 4(1), 5, 6(3)(c)(ii) and 9(4)(a), (b) and (d), for “married or unmarried couple” substitute “couple”.
In section 2(5)(b), for “such a couple” substitute “a couple”.
Amend subsection (1) of section 17 (other interpretation provisions) as follows. “couple” means— In the definition of “foreign war widow’s or widower’s pension” for “widow or widower” (in each place) substitute “widow, widower or surviving civil partner”. Omit the definitions of “married couple” and “unmarried couple”. In the definition of “war widow’s or widower’s pension”—
After section 17(1) insert—
Section 256
Section 257
Section 261(1)
Section 261(2)
In section 1(2) (intestacy: saving for legal rights or prior rights), after “spouse” insert “or civil partner”.
In section 2(1)(e) (intestacy: succession rights of surviving spouse)—
for “or a wife” substitute, “, wife or civil partner”, and
after “spouse” insert “or civil partner”.
In section 5(1) (representation on intestacy), for “or spouse” substitute “, spouse or civil partner”.
In section 8 (prior rights on intestacy in dwelling house and furniture), in subsections (1), (3) and (4), after “spouse” (in each place, including the provisos to subsections (1) and (3)) insert “or civil partner”.
In section 9 (prior right to financial provision on intestacy)—
in subsection (1), for “or wife, the surviving spouse” substitute “, wife or civil partner the survivor”, and
in the proviso to that subsection and in subsections (2), (3), (4) and (6), after “spouse”, (in each place) insert “or civil partner”.
In section 10(2) (calculation of legal rights), for “jus relicti, jus relictae or legitim” substitute “legal rights”.
In section 15(2)(a) (transfer of heritage in satisfaction of claim to legal rights or prior rights), after “spouse” insert “or civil partner”.
In section 16(2) (transfer of interest of tenant notwithstanding condition prohibiting assignation), after “spouse” insert “or civil partner”.
In section 31(1) (presumption of survivorship in respect of claims to property)—
after “spouse” insert “or civil partner”, and
in paragraph (a), after “wife” insert “or civil partners to each other”.
In section 36(1) (interpretation), in the definition of “prior rights”, after “spouse” insert “or civil partner”.
In section 1(1) (obligation of aliment), after paragraph (b) insert—.
Amend section 2 (actions for aliment) as follows. in subsection (2), after paragraph (a) insert—. In subsection (9), after “wife” insert “or the partners in a civil partnership”.
In section 6(1) (interim aliment)—
in paragraph (a), for “party” (in both places) substitute “person”,
after paragraph (b) insert—.
Amend section 8 (orders for financial provision) as follows. In subsection (1)— In subsection (5), after “marriage” insert “or the partners in a civil partnership”.
Amend section 9 (principles to be applied in deciding what order if any to make for financial provision) as follows. In subsection (1)— In subsection (2), in the definitions of “economic advantage” and “contributions”, after “marriage” insert “or civil partnership”.
Amend section 10 (sharing of value of matrimonial property) as follows. In subsection (1)— In subsection (2)— In subsection (3)— After subsection (4) insert— In subsection (5)— In subsection (6)— In subsection (7), for “parties” (in both places) substitute “persons”.
Amend section 11 (factors to be taken into account) as follows. In subsection (2)— In subsection (3)(g), for “parties” substitute “persons”. In subsection (4)— In subsection (5)— In subsection (6), for “party” substitute “person”. In subsection (7), after “party” insert “to the marriage or as the case may be of either partner”.
Amend section 12 (orders for payment of capital sum or transfer of property) as follows. In subsection (1)— In subsection (4), the existing words “either party to the marriage” become paragraph (a) and after that paragraph insert the following paragraph—.
Amend section 12A (orders for payment of capital sum: pensions lump sums) as follows. In subsection (1)— In subsection (2), for “(“the other party”)” substitute “or as the case may be to the other partner (“the other person”)”. In each of subsections (3) to (8), for “party”, wherever it occurs, substitute “person”.
Amend section 13 (orders for periodical allowance) as follows. In subsection (1)— In subsection (4), after “executor” insert “, or as the case may be either partner or his executor,”. in subsection (7)—
Amend section 14 (incidental orders) as follows. In subsection (1), at the end insert “or of dissolution of a civil partnership”. In subsection (2)— In subsection (3), for “decree of divorce” substitute “the decree”. After subsection (5) insert— In subsection (7), at the end insert “or of dissolution of a civil partnership”.
Amend section 16 (agreements on financial provision) as follows. In subsection (1)— In subsection (3)—
Amend section 17 (financial provision on declarator of nullity of marriage) as follows. In subsection (1)— In subsection (2)—
In section 18(1) (orders relating to avoidance transactions), for “party” (in both places) substitute “person”.
In section 21 (award of aliment or custody where divorce or separation refused)—
for “or separation” substitute “, separation or dissolution of a civil partnership”, and
for “parties” substitute “persons”.
In section 22 (expenses of action)—
In section 24(1) (marriage not to affect property rights or legal capacity)—
after fifth “marriage” insert “or civil partnership”,
in paragraph (a), after “marriage” insert “, or as the case may be the partners in the civil partnership,”, and
in paragraph (b), for “the parties to the marriage” substitute “those parties or partners”.
Amend section 25 (presumption of equal shares in household goods) as follows. In subsection (1)— In subsection (2), the existing words “the parties were married” become paragraph (a) and after that paragraph insert—, and In subsection (3)—
In section 26 (presumption of equal shares in money and property derived from housekeeping allowance)—
after first “marriage” insert “or civil partnership”,
after second “marriage” insert “or as the case may be of a partner in a civil partnership”, and
after second and third “party” insert “or partner”.
In section 27(1) (interpretation)—
“civil partnership”, in relation to an action for declarator of nullity of a civil partnership, means purported civil partnership, “partner”, in relation to a civil partnership, includes a person who has a partner in a civil partnership which has been terminated and an ostensible partner in a civil partnership which has been annulled,
in the definition of “family”, at the end insert “and in relation to a civil partnership means the members of the civil partnership together with any child accepted by them both as a child of the family.”
In section 16(4) (presentation of petition for recall of sequestration), for “section 41(1)(b)” substitute “sections 41(1)(b) and 41A(1)(b)”.
In section 17(8)(b) (duties of clerk of court in relation to recall of sequestration), after “41(1)(b)(ii)” insert “or 41A(1)(b)(ii)”.
In section 20(4) (powers of interim trustee in relation to obtaining information as to debtor’s assets)—
in paragraph (b), after “spouse” insert “or civil partner”, and
after “debtor, spouse” insert “, civil partner”.
In section 32(3)(b) (the expression “relevant obligations”), at the end insert “or former civil partner”.
In section 34(7) (gratuitous alienations: saving for operation of Married Women’s Policies of Assurance (Scotland) Act 1880), at the end insert “including the operation of that section as applied by section 132 of the Civil Partnership Act 2004”.
Amend section 40 (power of permanent trustee in relation to debtor’s family home) as follows. In subsection (2), after paragraph (a) insert—. In paragraph (d) of that subsection, for “paragraph (a) or (b)” substitute “paragraphs (a) to (b)”. In subsection (4)—
After section 41 insert—
In section 44(1)(b) (request for order requiring private examination of certain persons before sheriff)—
after “debtor’s spouse” insert “or civil partner”, and
after “such spouse” insert “, civil partner”.
In section 51(3)(b) (meaning of “postponed debt”), at the end insert “or civil partner”.
In section 74 (interpretation), in each of subsections (2) and (4), for “husband or wife” (in each place) substitute “husband, wife or civil partner”.
Amend Schedule 1 (determination of amount of creditor’s claim) as follows. In paragraph 2(1)(a), the words “in the case of spouses (or, where the aliment is payable to a divorced person in respect of a child, former spouses)” become paragraph 2(1)(a)(i). At the end of paragraph 2(1)(a)(i) insert, or. In paragraph 2(2), after “divorce” insert “or on dissolution of a civil partnership”.
Section 261(3)
Section 261(4) Short title and chapter Extent of repeal Inheritance (Provision for Family and Dependants) Act 1975 (c. 63) In section 3(2), “and,” immediately following paragraph (b). Short title and chapter Extent of repeal Housing Act 1980 (c. 51) In section 54(2)(b), “or” at the end. Housing Act 1985 (c. 68) In each of sections 39(3)(c), 89(3)(a)(ii), 90(3)(a)(ii), 91(3)(b)(ii), 99B(2)(e)(ii), 101(3)(c)(ii) and 160(3)(c), and paragraph 1(2)(c)(iii) of Schedule 6A, “or” at the end. Landlord and Tenant Act 1987 (c. 31) In section 4(2)(c)(v), “or” at the end. Housing Act 1988 (c. 50) In paragraph 4(4)(c) of Schedule 11, “or” at the end. Housing Act 1996 (c. 52) In sections 15(6)(c), 133(3)(a)(ii), 134(2)(a)(ii) and 160(2)(e)(ii) and (3)(d)(ii), “or” at the end. Short title and chapter Extent of repeal Family Law Act 1996 (c. 27) In section 63(1), the definition of “matrimonial home rights”. In Schedule 7, “or” at the end of paragraph 4(a) and paragraph 7(6). In Schedule 8, paragraphs 48(3), 53(2)(b) and 59(2)(b), and “and” immediately preceding paragraphs 53(2)(b) and 59(2)(b). Title and number Extent of revocation Inheritance (Provision for Family and Dependants) (Northern Ireland) Order 1979 (S.I. 1979/924 (N.I. 8)) In Article 5(2), “and” immediately following sub-paragraph (b). Title and number Extent of revocation Family Homes and Domestic Violence (Northern Ireland) Order 1998 (S.I. 1998/1071 (N.I. 6)) In Article 2(2), the definition of “matrimonial home rights”. In Schedule 2, “or” at the end of paragraph 4(1)(a). Short title and chapter Extent of repeal Sex Discrimination Act 1975 (c. 27) Section 1(4). Sex Discrimination (Northern Ireland) Order 1976 (S.I. 1976/1042 (N.I. 15)) Article 3(4). Short title and chapter Extent of repeal or revocation Child Support Act 1991 (c. 48) In section 8(11), “or” at the end of paragraph (e). Child Support (Northern Ireland) Order 1991 (S.I. 1991/2628 (N.I. 23)) In Article 10(11), “or” at the end of sub-paragraph (dd). Social Security Contributions and Benefits Act 1992 (c. 4) In section 37(4) “or” at the end of paragraph (a). In section 38(3), “or” at the end of paragraph (b). In section 39A(2) and (5), “or” at the end of paragraph (a). In section 39B(5), “or” at the end of paragraph (a). Section 85(1). In section 137(1), the definitions of “married couple” and “unmarried couple”. Social Security Administration Act 1992 (c. 5) In section 74A(5), the definitions of “married couple” and “unmarried couple”. Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7) In section 37(4), “or” at the end of paragraph (a). In section 38(3), “or” at the end of paragraph (b). In section 39A(2) and (5), “or” at the end of paragraph (a). In section 39B(5), “or” at the end of paragraph (a). Section 85(1). In section 133(1), the definitions of “married couple” and “unmarried couple”. Social Security Administration (Northern Ireland) Act 1992 (c. 8) In section 72A(5), the definitions of “married couple” and “unmarried couple”. Jobseekers Act 1995 (c. 18) In section 35(1), the definitions of “married couple” and “unmarried couple”. Child Support Act 1995 (c. 34) In section 10(7), the definitions of “married couple” and “unmarried couple”. Child Support (Northern Ireland) Order 1995 (S.I. 1995/2702 (N.I. 13)) In Article 4(7), the definitions of “married couple” and “unmarried couple”. Jobseekers (Northern Ireland) Order 1995 (S.I. 1995/2705 (N.I. 15)) In Article 2(2), the definitions of “married couple” and “unmarried couple”. State Pension Credit Act 2002 (c. 16) In section 17(1), the definitions of “married couple” and “unmarried couple”. Tax Credits Act 2002 (c. 21) In section 48(1), the definitions of “married couple” and “unmarried couple”, and “and” at the end of the definition of “tax year”. State Pension Credit Act (Northern Ireland) 2002 (c. 14 (N.I.)) In section 17(1), the definitions of “married couple” and “unmarried couple”. Short title and chapter Extent of repeal Judicial Proceedings (Regulation of Reports) Act 1926 (c. 61) Section 1(5). Marriage Act 1949 (c. 76) Section 1(6) to (8). Theft Act 1968 (c. 60) In section 30(4), “or” at the end of paragraph (a)(i) to the proviso. Consumer Credit Act 1974 (c. 39) In section 184(5), “and” immediately before “references”. Estate Agents Act 1979 (c. 38) In section 32(3), “and” immediately before “references”. Courts and Legal Services Act 1990 (c. 41) In section 58A, “and” at the end of subsection (2)(f). Family Law Act 1996 (c. 27) In section 64, “or” at the end of subsection (1)(c). Welfare Reform and Pensions Act 1999 (c. 30) At the end of section 23(1)(a)(ii), “or”. At the end of section 24(b), “or”. In sections 28(7)(a) and (9), 34(1)(b)(i) and (2) and 48(6)(a) and (8) “matrimonial”. Gender Recognition Act 2004 (c. 7) In Schedule 4, paragraph 2. Short title and chapter Extent of repeal Damages (Scotland) Act 1976 (c. 13) In Schedule 1, “and” at the end of paragraph 1(e). Family Law (Scotland) Act 1985 (c. 37) In section 10(2), first “matrimonial”. Adults with Incapacity (Scotland) Act 2000 (asp 4) In section 87, in subsection (1), in the definition of “nearest relative”, “, subject to subsection (2),” and subsections (2) and (3). Title and number Extent of revocation Welfare Reform and Pensions (Northern Ireland) Order 1999 (S.I. 1999/3147 (N.I. 11)) At the end of Article 22(b), “or”. In Article 31(1)(b)(i) and (2), “matrimonial”.
Subject to subsection (5), if— the non-entitled partner shall, on the expiry of that period, cease to have occupancy rights in the family home.
there has been no cohabitation between an entitled partner and a non-entitled partner during a continuous period of two years, and
during that period the non-entitled partner has not occupied the family home,
A non-entitled partner who has ceased to have occupancy rights by virtue of subsection (6A) may not apply to the court for an order under section 103(1).
In subsection (6), “notary public” includes any person duly authorised, by the law of the country other than Scotland in which the swearing or affirmation takes place, to administer oaths or receive affirmations in that other country.
For the purpose of securing the occupancy rights of a non-entitled partner, that partner is, in relation to a family home, entitled without the consent of the entitled partner—
to make any payment due by the entitled partner in respect of rent, rates, secured loan instalments, interest or other outgoings (not being outgoings on repairs or improvements);
to perform any other obligation incumbent on the entitled partner (not being an obligation in respect of non-essential repairs or improvements);
to enforce performance of an obligation by a third party which that third party has undertaken to the entitled partner to the extent that the entitled partner may enforce such performance;
to carry out such essential repairs as the entitled partner may carry out;
to carry out such non-essential repairs or improvements as may be authorised by an order of the court, being such repairs or improvements as the entitled partner may carry out and which the court considers to be appropriate for the reasonable enjoyment of the occupancy rights;
to take such other steps, for the purpose of protecting the occupancy rights of the non-entitled partner, as the entitled partner may take to protect the occupancy rights of the entitled partner.
Any payment made under subsection (1)(a) or any obligation performed under subsection (1)(b) has effect in relation to the rights of a third party as if the payment were made or the obligation were performed by the entitled partner; and the performance of an obligation which has been enforced under subsection (1)(c) has effect as if it had been enforced by the entitled partner.
Where there is an entitled and a non-entitled partner, the court, on the application of either of them, may, having regard in particular to the respective financial circumstances of the partners, make an order apportioning expenditure incurred or to be incurred by either partner—
without the consent of the other partner, on any of the items mentioned in paragraphs (a) and (d) of subsection (1);
with the consent of the other partner, on anything relating to a family home.
Where both partners are entitled, or permitted by a third party, to occupy a family home—
either partner is entitled, without the consent of the other partner, to carry out such non-essential repairs or improvements as may be authorised by an order of the court, being such repairs or improvements as the court considers to be appropriate for the reasonable enjoyment of the occupancy rights;
the court, on the application of either partner, may, having regard in particular to the respective financial circumstances of the partners, make an order apportioning expenditure incurred or to be incurred by either partner, with or without the consent of the other partner, on anything relating to the family home.
Where one partner (“A”) owns or hires, or is acquiring under a hire-purchase or conditional sale agreement, furniture and plenishings in a family home—
the other partner may, without the consent of A—
make any payment due by A which is necessary, or take any other step which A is entitled to take, to secure the possession or use of any such furniture and plenishings (and any such payment is to have effect in relation to the rights of a third party as if it were made by A), or
carry out such essential repairs to the furniture and plenishings as A is entitled to carry out;
the court, on the application of either partner, may, having regard in particular to the respective financial circumstances of the partners, make an order apportioning expenditure incurred or to be incurred by either partner—
without the consent of the other partner, in making payments under a hire, hire-purchase or conditional sale agreement, or in paying interest charges in respect of the furniture and plenishings, or in carrying out essential repairs to the furniture and plenishings, or
with the consent of the other partner, on anything relating to the furniture or plenishings.
An order under subsection (3), (4)(b) or (5)(b) may require one partner to make a payment to the other partner in implementation of the apportionment.
Any application under subsection (3), (4)(b) or (5)(b) is to be made within 5 years after the date on which any payment in respect of such incurred expenditure was made.
Where— the tenancy is continued by such possession by the non-entitled partner.
the entitled partner is a tenant of a family home,
possession of it is necessary in order to continue the tenancy, and
the entitled partner abandons such possession,
In this section “improvements” includes alterations and enlargement.
In subsection (1)(a), “secured loan” includes secured obligation (construed in accordance with section 43(1) of the Moveable Transactions (Scotland) Act 2023).
Subject to section 101(6A), Where there is an entitled and a non-entitled partner, or where both partners are entitled, or permitted by a third party, to occupy a family home, either partner may apply to the court for an order—
declaring the occupancy rights of the applicant partner;
enforcing the occupancy rights of the applicant partner;
restricting the occupancy rights of the non-applicant partner;
regulating the exercise by either partner of his or her occupancy rights;
protecting the occupancy rights of the applicant partner in relation to the other partner.
Where one partner owns or hires, or is acquiring under a hire-purchase or conditional sale agreement, furniture and plenishings in a family home and the other partner has occupancy rights in that home, that other person may apply to the court for an order granting to the applicant the possession or use in the family home of any such furniture and plenishings; but, subject to section 102, an order under this subsection does not prejudice the rights of any third party in relation to the non-performance of any obligation under such hire-purchase or conditional sale agreement or the rights of any secured creditor in relation to the non-performance of a secured obligation.
The court is to grant an application under subsection (1)(a) if it appears to the court that the application relates to a family home; and, on an application under any of paragraphs (b) to (e) of subsection (1) or under subsection (2), the court may make such order relating to the application as appears to it to be just and reasonable having regard to all the circumstances of the case including—
the conduct of the partners, whether in relation to each other or otherwise,
the respective needs and financial resources of the partners,
the needs of any child of the family,
the extent (if any) to which—
the family home, and
in relation only to an order under subsection (2), any item of furniture and plenishings referred to in that subsection, is used in connection with a trade, business or profession of either partner, and
whether the entitled partner offers or has offered to make available to the non-entitled partner any suitable alternative accommodation.
Pending the making of an order under subsection (3), the court, on the application of either partner, may make such interim order as it considers necessary or expedient in relation to— but an interim order may be made only if the non-applicant partner has been afforded an opportunity of being heard by or represented before the court.
the residence of either partner in the home to which the application relates,
the personal effects of either partner or of any child of the family, or
the furniture and plenishings,
The court is not to make an order under subsection (3) or (4) if it appears that the effect of the order would be to exclude the non-applicant partner from the family home.
If the court makes an order under subsection (3) or (4) which requires the delivery to one partner of anything which has been left in or removed from the family home, it may also grant a warrant authorising a messenger-at-arms or sheriff officer to enter the family home or other premises occupied by the other partner and to search for and take possession of the thing required to be delivered, (if need be by opening shut and lockfast places) and to deliver the thing in accordance with the order.
A warrant granted under subsection (6) is to be executed only after expiry of such period as the court is to specify in the order for delivery.
Where it appears to the court— in consequence of any act or default on the part of the other partner which was intended to result in such loss or impairment, it may order that other partner to pay to the applicant such compensation as it considers just and reasonable in respect of that loss or impairment.
on the application of a non-entitled partner, that the applicant has suffered a loss of occupancy rights or that the quality of the applicant’s occupation of a family home has been impaired, or
on the application of a partner who has been given the possession or use of furniture and plenishings by virtue of an order under subsection (3), that the applicant has suffered a loss of such possession or use or that the quality of the applicant’s possession or use of the furniture and plenishings has been impaired,
A partner may renounce in writing the right to apply under subsection (2) for the possession or use of any item of furniture and plenishings.
In subsection (2)—
Where there is an entitled and non-entitled partner, or where both partners are entitled, or permitted by a third party, to occupy a family home, either partner, whether or not that partner is in occupation at the time of the application, may apply to the court for an order (in this Chapter referred to as “an exclusion order”) suspending the occupancy rights of the other partner (“the non-applicant partner”) in a family home.
Subject to subsection (3), the court is to make an exclusion order if it appears to it that to do so is necessary for the protection of the applicant or any child of the family from any conduct, or threatened or reasonably apprehended conduct, of the non-applicant partner which is or would be injurious to the physical or mental health of the applicant or child.
The court is not to make an exclusion order if it appears to it that to do so would be unjustified or unreasonable—
having regard to all the circumstances of the case including the matters specified in paragraphs (a) to (e) of section 103(3), and
where the family home— having regard to any requirement that the non-applicant partner, or, as the case may be, both partners must reside in the family home and to the likely consequences of the exclusion of the non-applicant partner from the family home.
is, or is part of, an agricultural holding within the meaning of section 1 of the Agricultural Holdings (Scotland) Act 1991 (c. 55), or
is let, or is a home in respect of which possession is given, to the non-applicant partner or to both partners by an employer as an incident of employment,
In making an exclusion order the court is, on the application of the applicant partner—
to grant a warrant for the summary ejection of the non-applicant partner from the family home unless the non-applicant partner satisfies the court that it is unnecessary for it to grant such a remedy,
to grant an interdict prohibiting the non-applicant partner from entering the family home without the express permission of the applicant, and
to grant an interdict prohibiting the removal by the non-applicant partner, except with the written consent of the applicant or by a further order of the court, of any furniture and plenishings in the family home unless the non-applicant partner satisfies the court that it is unnecessary for it to grant such a remedy.
In making an exclusion order the court may—
grant an interdict prohibiting the non-applicant partner from entering or remaining in a specified area in the vicinity of the family home;
where the warrant for the summary ejection of the non-applicant partner has been granted in that partner’s absence, give directions as to the preservation of that partner’s goods and effects which remain in the family home;
on the application of either partner, make the exclusion order or the warrant or interdict mentioned in paragraph (a), (b) or (c) of subsection (4) or paragraph (a) of this subsection subject to such terms and conditions as the court may prescribe;
on the application of either partner, make such other order as it considers necessary for the proper enforcement of an order made under subsection (4) or paragraph (a), (b) or (c).
Pending the making of an exclusion order, the court may, on the application of the applicant partner, make an interim order suspending the occupancy rights of the non-applicant partner in the family home to which the application for the exclusion order relates; and subsections (4) and (5) apply to such an interim order as they apply to an exclusion order.
But an interim order may be made only if the non-applicant partner has been afforded an opportunity of being heard by or represented before the court.
Without prejudice to subsections (1) and (6), where both partners are entitled, or permitted by a third party, to occupy a family home, it is incompetent for one partner to bring an action of ejection from the family home against the other partner.
The court may, on the application of either partner, vary or recall any order made by it under section 103 or 104.
Subject to subsection (3), any such order, unless previously so varied or recalled, ceases to have effect—
on the dissolution of the civil partnership,
subject to section 106(1), where there is an entitled and non-entitled partner, on the entitled partner ceasing to be an entitled partner in respect of the family home to which the order relates, or
where both partners are entitled, or permitted by a third party, to occupy the family home, on both partners ceasing to be so entitled or permitted.
Without prejudice to the generality of subsection (2), an order under section 103(3) or (4) which grants the possession or use of furniture and plenishings ceases to have effect if the furniture and plenishings cease to be permitted by a third party to be retained in the family home.
Subject to subsection (3)—
the continued exercise of the rights conferred on a non-entitled partner by the provisions of this Chapter in respect of a family home are not prejudiced by reason only of any dealing of the entitled partner relating to that home, and
a third party is not by reason only of such a dealing entitled to occupy that home or any part of it.
In this section and section 107—
“subordinate legislation” has the same meaning as in the Interpretation Act 1978 (c. 30) except that it includes any instrument made under an Act of the Scottish Parliament and any instrument within the meaning of section 1(c) of the Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.));
An order under this Part requiring one civil partner to pay the other a lump sum may be made for the purpose of enabling the other civil partner to meet any liabilities or expenses reasonably incurred by the other in maintaining— before making an application for an order under this Part in his or her favour. An order under this Part requiring a lump sum to be paid to or for the benefit of a child of the family may be made for the purpose of enabling any liabilities or expenses reasonably incurred by or for the benefit of the child before making an application for an order under this Part to be met. An order under this Part for the payment of a lump sum may— Sub-paragraphs (1) to (3) do not restrict the powers to make the orders set out in paragraph 2(1)(c) and (f). If the court— it may provide for the deferred amount or the instalments to carry interest at such rate as may be specified from such date as may be specified until the date when payment of it is due. A date specified under sub-paragraph (5) must not be earlier than the date of the order. “Specified” means specified in the order.
If a property adjustment order is made on or after making a dissolution or nullity order, neither the property adjustment order nor any settlement made under it takes effect unless the dissolution or nullity order has been made final. This paragraph does not affect the power to give a direction under paragraph 76 (settlement of instrument by conveyancing counsel).
A sale of property order is an order for the sale of such property as may be specified, being property in which, or in the proceeds of sale of which, either or both of the civil partners has or have a beneficial interest, either in possession or reversion. A sale of property order may contain such consequential or supplementary provisions as the court thinks fit. A sale of property order may in particular include— “Specified” means specified in the order.
Sub-paragraphs (2) and (3) apply if— Before deciding whether to make a sale of property order in relation to the property, the court must give A an opportunity to make representations with respect to the order. Any representations made by A are included among the circumstances to which the court is required to have regard under paragraph 20.
Sub-paragraph (2) applies if an application for a dissolution, nullity or separation order has been made. Subject to sub-paragraph (3), proceedings for— may be begun (subject to and in accordance with rules of court) at any time after the presentation of the application. Rules of court may provide, in such cases as may be prescribed by the rules, that—
Subject to sub-paragraph (5)— is to be made in favour of a child who has reached 18. The term to be specified in a periodical payments or secured periodical payments order in favour of a child may begin with— The term to be specified in such an order— Sub-paragraph (3)(a) must be read with section 8 of the Education Act 1996 (c. 56) (which applies to determine for the purposes of any enactment whether a person is of compulsory school age). Sub-paragraphs (1) and (3)(b) do not apply in the case of a child if it appears to the court that— A periodical payments order in favour of a child, regardless of anything in the order, ceases to have effect on the death of the person liable to make payments under the order, except in relation to any arrears due under the order on the date of the death. If— “The earliest permitted date” is whichever is the later of— If— the term to be specified in any such order made on that application may begin with the date on which that maintenance calculation ceased to have effect or any later date. “The relevant date” means the date on which the maintenance calculation ceased to have effect. In this paragraph “maintenance calculation” has the same meaning as it has in the 1991 Act by virtue of section 54 of the 1991 Act as read with any regulations in force under that section.
On an application to it by one of the civil partners, a magistrates' court may make any one or more of the orders set out in paragraph 2 if it is satisfied that the other civil partner— The power of the court under sub-paragraph (1) is subject to the following provisions of this Schedule.
If an application is made for an order under this Part, the court, in deciding— must have regard to all the circumstances of the case, giving first consideration to the welfare while under 18 of any child of the family who has not reached 18.
whether to exercise its powers under this Part, and
if so, in what way,
If an application is made for an order under this Part— If the court adjourns any proceedings under sub-paragraph (1), it may request— to attempt to effect a reconciliation between the civil partners. If any such request is made, the officer or other person—
In this Part “financial provision” means any one or more of the following— Any reference in this Part to the financial provision specified in an application or specified by the court is a reference—
This paragraph applies if on an application under this Part the court decides— If the court is of the opinion— then, if both the civil partners agree, the court may order that the applicant or the respondent (as the case may be) is to make that other financial provision.
The orders are— “Specified” means specified in the order.
Paragraphs 4 to 6 apply in relation to an application for an order under this Part as they apply in relation to an application for an order under Part 1, subject to the modification that for the reference in paragraph 5(2)(c) to the occurrence of the conduct which is alleged as the ground of the application substitute a reference to the living apart of the civil partners.
If— the court must not dismiss or make a final order on the application until it has decided whether to exercise any of its powers under the Children Act 1989 (c. 41) with respect to the child.
an application is made by a civil partner for an order under Part 1, 2 or 3, and
there is a child of the family who is under 18,
In this Schedule “child of the family”, in relation to two people who are civil partners of each other, means—
a child of both of them, and
any other child, other than a child placed with them as foster parents by a local authority or voluntary organisation, who has been treated by both the civil partners as a child of their family.
In paragraphs 15 to 17 “disposition” does not include any provision contained in a will or codicil but, with that exception, includes any conveyance, assurance or gift of property of any description, whether made by an instrument or otherwise. The provisions of paragraphs 15 to 17 are without prejudice to any power of the High Court to grant injunctions under section 37 of the Supreme Court Act 1981 (c. 54).
In sections 39(2)(b) and 160(2)(b) (meaning of “qualifying person” in definition of “exempted disposal”), after “the spouse or a former spouse” insert “, or the civil partner or a former civil partner,”.
Amend section 17 (succession to assured periodic tenancy by spouse) as follows. In subsection (1), after “spouse” (in each place) insert “or civil partner”. For subsection (4) substitute— In subsection (5), for the words after “the county court” substitute “shall for the purposes of this section be treated (according to whether that one of them is of the opposite sex to, or of the same sex as, the tenant) as the tenant’s spouse or the tenant’s civil partner.”
In section 26 (firemen’s pension scheme), in subsections (1) and (2A), for “widows,” substitute “surviving spouses, surviving civil partners,”.
In section 3 (employment of staff), in subsection (d)(iii) (power to secure pensions and gratuities payable to or in respect of officers and servants), for “widow,” substitute “surviving spouse, surviving civil partner,”.
“civil partnership” means a civil partnership which exists under the Civil Partnership Act 2004 (and any reference to a civil partner shall be construed accordingly);
In Article 14(4) (resources of person’s wife or husband treated as resources of that person), for “wife or husband” substitute “spouse or civil partner”.
In Article 5 (application for financial provision not affected by the forfeiture rule), at the end of paragraph (2)(b) insertand.
In Article 54 (meaning of “associate”), in paragraph (2)(a) after “spouse” insert “or civil partner”.
In section 97E (discharge of liability where pension credit or alternative benefits secured by insurance policies or annuity contracts), in subsection (1)(b), after “or widower” insert “or civil partner”.
In Schedule 1 (provisions to be included in rules of club), in paragraph 11, for “husband, wife” substitute “spouse, civil partner”.
In Article 85 (meaning of exempt disposal), after paragraph (3)(d) insert—
In Article 2(2) (interpretation), in the definition of “relative”—
in paragraphs (a) and (b), for “spouse or former spouse” substitute “spouse, former spouse, civil partner or former civil partner”;
after “as husband and wife” insert “or as if they were civil partners”;
after “married to each other” insert “or were civil partners of each other”.
In Part 1 of Schedule 1 (proceedings for which legal aid may be given), in paragraph 3(b), after “1998” insert “or Schedule 16 to the Civil Partnership Act 2004”.
In section 39(3) (disposals exempt if in pursuance of certain orders), after paragraph (d) insert, or
In section 82(1)(b) (after disposal by housing action trust, legal assistance may be given to surviving spouse of pre-disposal tenant), for “or widower” substitute “, widower or surviving civil partner”.
In section 87(a) (entitlement of tenant’s spouse to succeed to secure tenancy), after “spouse” insert “or civil partner”.
Amend Schedule 2 (assured tenancies: grounds for possession) as follows. In Part 1 (cases where court must order possession), in paragraph (b) of Ground 1 (landlord previously resident or requiring premises as residence for himself or his spouse), for “his or his spouse's” substitute “his, his spouse’s or his civil partner's”. In Part 2 (cases where court may order possession), in Ground 14A (violence by member of a couple)—
Amend section 88 (cases where secure tenant is a successor) as follows. In subsection (1)(d), for “(2) and (3)” substitute “(2) to (3)”. After subsection (2) insert—
Amend paragraph 3 of Schedule 3 (agricultural worker condition where dwelling occupied by surviving spouse or family member of previous qualifying occupier) as follows. In sub-paragraphs (1)(c)(i), (3)(a) and (6), for “widow or widower” substitute “surviving partner”. For the purposes of sub-paragraph (1)(c)(i) above and sub-paragraph (3) below— For the purposes of sub-paragraph (2)(a) above—
Amend section 89 (succession to periodic secured tenancy) as follows. In subsection (2)(a) (tenant’s spouse is preferred successor), after “spouse” insert “or civil partner”. In subsection (3)(a), after “parents)” in sub-paragraph (iii) insert, or.
Amend paragraph 4 of Schedule 11 (exempted disposals by housing action trusts) as follows. In sub-paragraph (2)(b) (meaning of “qualifying person” in definition of “exempted disposal”), after “the spouse or a former spouse” insert “, or the civil partner or a former civil partner,”. In sub-paragraph (4) (disposals in pursuance of certain orders), after paragraph (d) insert, or
In section 90(3)(a) (secure tenancy for term certain does not cease to be secure tenancy if vested under certain orders), after sub-paragraph (iii) insert—.
In section 91(3)(b) (assignments not prohibited if in pursuance of certain orders), after “parents)” in sub-paragraph (iii) insert, or.
In section 99B(2)(e) (subsection applies to assignees in pursuance of certain orders), after “parents)” in sub-paragraph (iii) insert, or.
In section 101(3)(c) (assignees in pursuance of certain orders are qualifying successors), after “parents)” in sub-paragraph (iii) insert, or.
Amend sections 113 and 186 (meaning of “member of a person’s family” in Parts 3 and 4) as follows. In subsection (1)(a)— In subsection (2)(a), after “a relationship by marriage” insert “or civil partnership”.
In section 123(2)(a) (family members with whom right to buy may be exercised), after “is his spouse” insert “, is his civil partner”.
In section 130(3) (persons whose receipt of discount results in reduction of subsequent discount)—
in paragraph (b), after “spouse” insert “, or civil partner,” and
in paragraph (c), after “deceased spouse” insert “, or deceased civil partner,”.
In section 160(3) (right to buy: disposals in pursuance of certain orders are exempted), after paragraph (d) insert, or
In section 171B(4)(b) (persons who become tenants in pursuance of certain orders are qualifying successors), after sub-paragraph (iv) insertor.
In section 554(2A) (grant by registered social landlords to former owner-occupier of defective dwelling), for paragraph (b) substitute—.
In Part 1 of Schedule 2 (secure tenancies: grounds for possession if court considers possession reasonable), in ground 2A (violence by member of a couple)—
for “a married couple or” substitute “a married couple, a couple who are civil partners of each other,” and
after “as husband or wife” insert “or a couple living together as if they were civil partners”.
In paragraphs 2, 5 and 5A of Schedule 4 (qualifying period for right to buy and discount)—
after “deceased spouse” in paragraph (c) of each of those paragraphs insert “, or deceased civil partner,” and
after “spouse” (in each other place) insert “or civil partner”.
Amend Schedule 6A (redemption of landlord’s share) as follows. In paragraph 1(2)(a) (meaning of “excluded disposal”), after “spouse” insert “or civil partner”. In paragraph 1(2)(c) (disposals excluded if in pursuance of certain orders), after sub-paragraph (iv) insertor. In paragraphs 4(3)(b) and 12(1), (2) and (3)(d), for “qualifying spouse” substitute “qualifying partner”. In paragraph 12(2) (which will define “qualifying partner”), for paragraph (c) and the words after that paragraph substitute—
“overseas country” has the meaning given by paragraph 1(3).
“issue” means issue however remote, and
In exercising the powers conferred by this Part the court must, so far as it appears to the court just to do so, give effect to any agreement which has been reached between the civil partners in relation to the application. If— the court must have regard to all the circumstances of the case, giving first consideration to the welfare while under 18 of any child of the family who has not reached 18. Those circumstances include any change in any of the matters—
If an order made by the court under this Schedule for the making of periodical payments to or in respect of a child (other than an interim order) ceases to have effect— the child may apply to the court for an order for its revival. If on such an application it appears to the court that— the court may by order to revive the order from such date as the court may specify, not being earlier than the date of the making of the application. Any order revived under this paragraph may be varied or revoked under paragraphs 30 to 34 in the same way as it could have been varied or revoked had it continued in being.
In this Schedule “child of the family”, in relation to two people who are civil partners of each other, means— In sub-paragraph (1) “authority” and “voluntary organisation” have the same meaning as in the Children (Northern Ireland) Order 1995 (S.I. 1995/ 755 (N.I. 2)). In any provision of this Schedule “the court” (except where the context otherwise requires) means a court of summary jurisdiction which by virtue of this Schedule or of rules of court has jurisdiction for the purposes of that provision. References in this Schedule to a subsequent civil partnership include a civil partnership which is by law void or voidable. References in this Schedule to a subsequent marriage include a marriage which is by law void or voidable.
In paragraphs 15 to 17 “disposition” does not include any provision contained in a will or codicil but, with that exception, includes any conveyance, assurance or gift of property of any description, whether made by an instrument or otherwise. The provisions of paragraphs 15 to 17 are without prejudice to any power of the court to grant injunctions under section 91 of the Judicature (Northern Ireland) Act 1978 (c. 23).
In section 1 (power by Order in Council to regulate fund), in subsection (1)(f), for “widows, widowers” substitute “widows, widowers, surviving civil partners”.
In section 7 (restoration of forfeited pensions), in subsection (2), after “wife,” insert “civil partner,”.
In section 1 (appeals against rejection of war pension claims made in respect of members of the naval, military or air forces), in subsection (4)(ii) —
after “widower,” insert “surviving civil partner,”,
for “husband” substitute “husband, civil partner”,
after “marriage” insert “or civil partnership”, and
after “place” insert “or been formed”.
In section 44A (appeals in cases of death), in subsection (3)(a), after “widower” insert “or surviving civil partner”.
In section 14 (privilege against incrimination of self or spouse)—
in subsection (1)(b), for “husband or wife” substitute “spouse or civil partner”, and
in the heading, after “spouse” insert “or civil partner”.
In section 2(2)(a) (persons whom employer is not required to insure) after “husband, wife,” insert “civil partner,”.
In section 9 (evidence in connection with offences under the 1971 Act)—
for “wife or husband” substitute “spouse or civil partner”, and
for “married after the making of the statement or admission) against the wife or husband” substitute “married or became civil partners after the making of the statement or admission) against the spouse or civil partner”.
In section 70 (interpretation), in— after “spouse” (in each place) insert “or civil partner”.
subsection (2)(a) and (c), and
subsection (4),
In section 160A (marriage and other relationships), in subsections (1)(a) and (2)(a), after “were married” insert “or civil partners of each other”.
Amend Schedule 4 (absent voting in Great Britain) as follows. In paragraph 3(3)(c), for “his spouse,” (in both places) substitute “his spouse or civil partner,”. In paragraph 6(6), for “husband, wife,” substitute “spouse, civil partner,”.
In section 127 (associated persons), in subsections (4)(a) and (c) and (6), after “spouse” (in each place) insert “, civil partner”.
In section 76 (further provision about scope of Family Procedure Rules), in subsection (2)(b), after “divorce county court” insert “or civil partnership proceedings county court (within the meaning of Part 5 of the Matrimonial and Family Proceedings Act 1984)”.
Amend section 14 (victim statements) as follows. In subsection (10)(a), at the end insert “or civil partner”. For subsection (11) substitute—
Amend Article 16 (applications for financial relief after overseas divorce etc.) as follows. In paragraph (2) (no application may be made after remarriage), for “remarries” substitute “forms a subsequent marriage or civil partnership,”. For paragraph (3) substitute—
In Article 125 (intimidation or annoyance by violence or otherwise), in paragraph (1)(a), for “wife” substitute “spouse or civil partner”.
In Article 23(7) (exceptions: meaning of “near relative”)—
after “spouse” (in both places) insert “or civil partner”, and
for “by affinity)” substitute “by marriage or civil partnership)”.
In section 8 (statutory right of widow or dependant to a pension), for “widow” substitute “widow, surviving civil partner”.
In section 222 (bodies corporate: accessories), in subsection (10), after “spouse” in paragraphs (a), (c), (d) and (e) (in each place) insert “or civil partner”.
where the reason for not doing that thing is that the body or person does not wish to do things of that sort in relation to civil partnerships generally, in relation to civil partnerships between parties who are of the same sex or in relation to civil partnerships between parties who are not of the same sex.
“Civil partnership” means a civil partnership which exists under or by virtue of the Civil Partnership Act 2004 (and any reference to a civil partner is to be read accordingly).
In section 27 (obstruction and personation of authorised officers), in subsection (4), for “husband or wife” substitute “spouse or civil partner”.
In section 5 (offences relating to money orders, share certificates, passports, etc.), in subsection (5)(l)—
after “adoptions, marriages” insert “, civil partnerships”, and
for “register marriages” substitute “issue certified copies relating to such entries”.
In section 101 (minimum of 24 hours between event periods), in subsection (3)(a) and (d), after “spouse” insert “or civil partner”.
Amend section 23 (sections 16 to 19: marriage exception) as follows. At the end of subsection (1)(b) insert “or civil partners of each other”. In subsection (2), for “were lawfully married at the time” substitute “were at the time lawfully married or civil partners of each other”. In the heading to section 23 for “marriage exception” substitute “exception for spouses and civil partners”.
In this section—
Amend section 32 (associates) as follows. In subsection (2), after “spouse” insert “or civil partner”. In subsection (3)—
Amend section 28 (sections 25 and 26: marriage exception) as follows. At the end of subsection (1)(b) insert “or civil partners of each other”. In subsection (2), for “were lawfully married at the time” substitute “were at the time lawfully married or civil partners of each other”. In the heading to section 28 for “marriage exception” substitute “exception for spouses and civil partners”.
Amend section 43 (sections 38 and 41: marriage exception) as follows. At the end of subsection (1)(b) insert “or civil partners of each other”. In subsection (2), for “were lawfully married at the time” substitute “were at the time lawfully married or civil partners of each other”. In the heading to section 43 for “marriage exception” substitute “exception for spouses and civil partners”.
Paragraphs 5 to 7 apply where two people are subject to paragraph 2 but intend to register as civil partners of each other by signing a civil partnership schedule.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Amend section 5 and Schedule 2 (rights of surviving spouse as respects the matrimonial home) as follows. For “husband or wife” (in each place) substitute “spouse or civil partner”. In section 5, after “matrimonial” insert “or civil partnership”. In the heading of each—
“proceedings” means judicial or other proceedings.
In section 46 (succession to real and personal estate on intestacy), for “husband or wife” (in each place) substitute “spouse or civil partner”.
Amend section 1 (application for financial provision from deceased person’s estate) as follows. For subsection (1)(a) and (b) (application may be made by spouse or by former spouse who has not remarried) substitute—. In subsection (1)(ba) (application may be made by person living as husband or wife of the deceased), after “subsection (1A)” insert “or (1B)”. In subsection (1)(d) (application may be made by child of the family), after “marriage” (in each place) insert “or civil partnership”. After subsection (1A) insert— In subsection (2) (meaning of “reasonable financial provision”), after paragraph (a) insert—.
The court may make a sale of property order— In this Schedule “sale of property order” means a sale of property order under this Part.
If a sale of property order contains a provision requiring the proceeds of sale of the property to which the order relates to be used to secure periodical payments to a civil partner, the order ceases to have effect—
on the death of the civil partner, or
on the formation of a subsequent civil partnership or marriage by the civil partner.
A pension sharing order is an order which— Shareable rights under a pension arrangement are rights in relation to which pension sharing is available under— Shareable state scheme rights are rights in relation to which pension sharing is available under— In this Part “pension arrangement” means— In sub-paragraph (4)—
A pension sharing order is not to take effect unless the dissolution or nullity order on or after which it is made has been made final. No pension sharing order may be made so as to take effect before the end of such period after the making of the order as may be prescribed by regulations made by the Lord Chancellor. The power to make regulations under sub-paragraph (2) is exercisable by statutory instrument which is subject to annulment in pursuance of a resolution of either House of Parliament.
The orders are— In this Part “specified” means specified in the order.
This paragraph applies if an application under paragraph 39 is made on the ground mentioned in paragraph 39(1)(b). In deciding— the court must have regard to all the circumstances of the case. Those circumstances include— Paragraph 21(2)(c) (as it applies by virtue of paragraph 22(2)(e)) has effect as if for the reference in it to the breakdown of the civil partnership there were substituted a reference to— reasonable maintenance for the child of the family to whom the application relates.
The court may specify in a periodical payments or secured periodical payments order in favour of a civil partner such term as it thinks fit, except that the term must not— The limits in the case of a periodical payments order are— The limits in the case of a secured periodical payments order are— In the case of an order made on or after the making of a dissolution or nullity order, sub-paragraphs (1) to (3) are subject to paragraphs 23(3) and 59(4). If a periodical payments or secured periodical payments order in favour of a civil partner is made on or after the making of a dissolution or nullity order, the court may direct that that civil partner is not entitled to apply under paragraph 51 for the extension of the term specified in the order. If— the order ceases to have effect (regardless of anything in it) on the formation of a subsequent civil partnership or marriage by that civil partner, except in relation to any arrears due under it on the date of its formation.
If the court has made an order referred to in paragraph 50(1)(a), (b), (c) or (d), it may remit the payment of any arrears due under the order or under any part of the order. Sub-paragraph (1) is subject to the provisions of this Part.
The court must not exercise the powers conferred by this Part in relation to a property adjustment order falling within paragraph 7(1)(b), (c) or (d) (order for settlement or for variation of settlement) except on an application made in proceedings—
for the rescission of the separation order by reference to which the property adjustment order was made, or
for a dissolution order in relation to the civil partnership.
If the court, in exercise of its powers under this Part, decides— a periodical payments or secured periodical payments order, it may direct that the variation or discharge is not to take effect until the end of such period as may be specified in the order. Sub-paragraph (1) is subject to paragraph 47(1) and (6).
Either civil partner may apply to a magistrates' court for an order under this Part on the ground that that civil partner or the other civil partner has agreed to make such financial provision as may be specified in the application. On such an application, the court may order that the applicant or the respondent (as the case may be) is to make the financial provision specified in the application, if— Sub-paragraph (2) is subject to paragraph 12.
This paragraph applies if the financial provision specified in an application under this Part— provision in respect of a child of the family. The court must not make an order under this Part unless it considers that the provision which the applicant or the respondent (as the case may be) has agreed to make in respect of the child provides for, or makes a proper contribution towards, the financial needs of the child.
The court in the exercise of its powers under this Part must not require—
the respondent to make payments whose total amount during any period of 3 months exceeds the total amount paid by him for the benefit of— during the period of 3 months immediately preceding the date of the making of the application;
the applicant, or
a child of the family,
the respondent to make payments to or for the benefit of any person which exceed in amount the payments which the court considers that it would have required the respondent to make to or for the benefit of that person on an application under Part 1;
payments to be made to or for the benefit of a child of the family who is not the respondent’s child, unless the court considers that it would have made an order in favour of that child on an application under Part 1.
An interim order may provide for payments to be made from such date as the court may specify, except that the date must not be earlier than the date of the making of the application for an order under Part 1, 2 or 3. Sub-paragraph (1) is subject to paragraph 27(7) and (8).
An interim order made by the High Court under paragraph 20(3) on ordering an application to be reheard by a magistrates' court is to be treated for the purposes of— as if it were an order of that magistrates' court (and not of the High Court). No appeal lies from the making of or refusal to make, the variation of or refusal to vary, or the revocation of or refusal to revoke, an interim order.
This Part of this Schedule applies where— This Part of this Schedule applies even if the date of the dissolution, annulment or legal separation is earlier than the date on which the Part comes into force. In this Schedule “overseas country” means a country or territory outside the British Islands. In this Part of this Schedule “child of the family” means—
No application for an order under paragraph 9 or 13 shall be made unless the leave of the court has been obtained in accordance with rules of court. The court shall not grant leave under this paragraph unless it considers that there is substantial ground for the making of an application for such an order. The court may grant leave under this paragraph notwithstanding that an order has been made by a court in a country outside England and Wales requiring the other civil partner to make any payment, or transfer any property, to the applicant or to a child of the family. Leave under this paragraph may be granted subject to such conditions as the court thinks fit.
The court shall have jurisdiction to entertain the application only if one or more of the following jurisdictional requirements is satisfied. The first requirement is that either of the civil partners— The second is that either of the civil partners— The third is that either or both of the civil partners had, at the date when the leave was applied for, a beneficial interest in possession in a dwelling-house situated in England or Wales which was at some time during the civil partnership a civil partnership home of the civil partners. In sub-paragraph (4) “possession” includes receipt of, or the right to receive, rents and profits, but here “rent” does not include mortgage interest.
The court, in deciding— must act in accordance with this paragraph. The court must have regard to all the circumstances of the case, giving first consideration to the welfare, while under 18, of any child of the family who has not reached 18. The court, in exercising its powers under paragraph 9 in relation to one of the civil partners— The matters to which the court is to have regard under sub-paragraph (3)(a), so far as relating to paragraph 21(2)(a) of Schedule 5 (regard to be had to financial resources), include— (whether or not in the foreseeable future). The matters to which the court is to have regard under sub-paragraph (3)(a), so far as relating to paragraph 21(2)(h) of Schedule 5 (regard to be had to benefits that cease to be acquirable), include— The court, in exercising its powers under paragraph 9 in relation to a child of the family, must in particular have regard to the matters mentioned in paragraph 22(2) of Schedule 5. The court, in exercising its powers under paragraph 9 against a civil partner (“A”) in favour of a child of the family who is not A’s child, must also have regard to the matters mentioned in paragraph 22(3) of Schedule 5. Where an order has been made by a court outside England and Wales for— by one of the civil partners, the court in considering in accordance with this paragraph the financial resources of the other civil partner, or of a child of the family, shall have regard to the extent to which that order has been complied with or is likely to be complied with. In this paragraph—
This paragraph applies if— The court may make in relation to that dwelling-house any order which it could make under Part 2 of that Schedule (order transferring tenancy or switching statutory tenants) if it had power to make a property adjustment order under Part 2 of Schedule 5 to this Act with respect to the civil partnership. The provisions of paragraphs 10, 11 and 14(1) of Schedule 7 to the Family Law Act 1996 (payments by transferee, pre-transfer liabilities and right of landlord to be heard) apply in relation to any order under this paragraph as they apply to any order under Part 2 of that Schedule.
Sub-paragraph (3) applies where— Sub-paragraph (3) also applies where— It shall be presumed, unless the contrary is shown, that the person who— did so, or (as the case may be) is about to do so, with the intention of defeating the applicant’s claim. A reference in this paragraph to defeating a claim by one of the civil partners has the meaning given by paragraph 15(9).
Amend section 6A (spouse dying within 28 days of intestate) as follows. After “spouse” (in each place) insert “or civil partner”. In the sidenote to section 6A, after “Spouse” insert “or civil partner”.
The orders are— “Specified” means specified in the order.
The power to make an order under paragraph 2(1)(d), (e) or (f) is subject to paragraph 44(1) and (5) (restrictions on orders in favour of children who have reached 18).
The matters to which a court is to have regard under paragraph 16(2)(a) include any PPF compensation to which a civil partner is or is likely to be entitled; and, accordingly, in relation to any PPF compensation paragraph 16(2)(a)(ii) has effect as if “in the foreseeable future” were omitted. The matters to which a court is to have regard under paragraph 16(2)(h) include any PPF compensation which, because of the making of a dissolution or nullity order, a civil partner will lose the chance of acquiring entitlement to. In this Part “PPF compensation” means compensation payable under—
Regulations may modify paragraph 21 in its application to an occupational pension scheme during an assessment period in relation to the scheme.
A religious body, or a person acting on behalf of or under the auspices of a religious body, may not be compelled—
to provide, arrange or facilitate a ceremony or event to mark the formation of a civil partnership,
to allow religious premises to be used as the place at which such a ceremony or event is held, or
to participate in, or be present at, such a ceremony or event,
Amend section 47(1) (meaning of “the statutory trusts”) as follows. In paragraph (i), after “or marry under that age” (in the first place) insert “or form a civil partnership under that age”. In that paragraph, after “or marry” (in the second place) insert “, or form a civil partnership,”. In paragraph (ii), after “marries” insert “, or forms a civil partnership,”.
In section 2(1) (orders which may be made on an application), after paragraph (f) insert—
In relation to a pension sharing order which is made at a time before the dissolution or nullity order has been made final— No variation of a pension sharing order is to be made so as to take effect before the order is made final. The variation of a pension sharing order prevents the order taking effect before the end of such period after the making of the variation as may be prescribed by regulations made by the Lord Chancellor. The power to make regulations under sub-paragraph (3) is exercisable by statutory instrument which is subject to annulment in pursuance of a resolution of either House of Parliament.
If— the court may, in exercise of its powers under this Part to vary or discharge the order, direct that the variation or discharge is to take effect from the date on which the calculation took effect or any later date. If— the court may, in exercise of its powers under this Part to vary or discharge the civil partner’s order, direct that the variation or discharge is to take effect from the date on which the child order became so affected or any later date. For the purposes of sub-paragraph (2), an order is affected if it ceases to have effect or is modified by or under section 10 of the 1991 Act. Sub-paragraphs (1) and (2) do not affect any other power of the court to direct that the variation of discharge of an order under this Part is to take effect from a date earlier than that on which the order for variation or discharge was made. In this paragraph “maintenance calculation” has the same meaning as it has in the 1991 Act by virtue of section 54 of the 1991 Act as read with any regulations in force under that section.
Amend section 7 (rights of surviving spouse) as follows. After “spouse” (in each place) insert “or civil partner”. In subsection (7), after “husband” insert “, or of section 180 of the Civil Partnership Act 2004”. In the sidenote to section 7, after “spouse” insert “or civil partner”.
In section 47A, in subsection (1) and in the proviso to subsection (5), for “husband or wife” substitute “spouse or civil partner”.
Amend section 3(2) (application by spouse or former spouse: matters to which court is to have regard) as follows. This subsection applies, without prejudice to the generality of paragraph (g) of subsection (1) above, where an application for an order under section 2 of this Act is made by virtue of section 1(1)(a) or (b) of this Act. The words from “the court shall, in addition” to the end of paragraph (b) shall become a second sentence of the subsection and, in paragraph (a) of the sentence so formed, after “duration of the marriage” insert “or civil partnership”. The words from “in the case of an application by the wife or husband” to the end shall become a third sentence of the subsection. In the case of an application by the civil partner of the deceased, the court shall also, unless at the date of the death a separation order under Chapter 2 of Part 2 of the Civil Partnership Act 2004 was in force and the separation was continuing, have regard to the provision which the applicant might reasonably have expected to receive if on the day on which the deceased died the civil partnership, instead of being terminated by death, had been terminated by a dissolution order.
Sub-paragraphs (2) and (3)— No property adjustment order or pension sharing order may be made on an application for the variation of a periodical payments or secured periodical payments order made (whether in favour of a civil partner or in favour of a child of the family) under Part 1. No order for the payment of a lump sum may be made on an application for the variation of a periodical payments or secured periodical payments order in favour of a civil partner (whether made under Part 1 or 9).
In section 8 (rights of issue), after “spouse” insert “or civil partner”.
In section 48(2), for “husband or wife” (in each place) substitute “spouse or civil partner”.
In section 3(2A) (application by person living as husband or wife of deceased: matters to which court is to have regard), in paragraph (a), after “wife” insert “or civil partner”.
In section 9 (rights of parents), after “spouse” insert “or civil partner”.
In section 51(3) (devolution of certain estates vested in infant who dies without having married and without issue), after “without having been married” insert “or having formed a civil partnership,”.
In section 6(3) and (10) (variation etc. of orders which cease on occurrence of specified event other than remarriage of former spouse), for “(other than the remarriage of a former wife or former husband)” substitute “(other than the formation of a subsequent marriage or civil partnership by a former spouse or former civil partner)”.
In section 10 (rights of brothers and sisters and their issue), after “spouse” (in both places) insert “or civil partner”.
In section 55(1)(xviii) (which defines “valuable consideration” as including marriage), after “includes marriage,” insert “and formation of a civil partnership,”.
After section 14 insert—
In section 11 (rights of next-of-kin), in subsection (1) after “neither spouse” insert “nor civil partner”.
After section 15 insert—
In section 38 (power to appoint trustees of infant’s property), in subsection (5) after “marries” insert “, or forms a civil partnership,”.
After section 15A insert—
In section 16(1) (power to vary secured periodical payments orders)—
after “the Matrimonial Causes Act 1973” insert “or Schedule 5 to the Civil Partnership Act 2004”, and
after “that Act” insert “of 1973 or Part 11 of that Schedule”.
In section 17(4) (meaning of “maintenance agreement”)—
for “entered into a marriage” substitute “formed a marriage or civil partnership”,
after “of the parties to that marriage” insert “or of the civil partners”, and
after “marriage” (in the third and fourth places) insert “or civil partnership”.
After section 18 insert—
Amend section 19 (effect, duration and form of orders) as follows. In subsection (2)(a), for “former husband or former wife” substitute “former spouse or former civil partner”. In subsection (2), after paragraph (b) insertor. In that subsection, in the words after paragraph (b), for “on the remarriage of the applicant” onwards substitute “on the formation by the applicant of a subsequent marriage or civil partnership, except in relation to any arrears due under the order on the date of the formation of the subsequent marriage or civil partnership.” In subsection (3), after “section 15(1)” insert “or 15ZA(1)”.
Amend section 25 (interpretation) as follows. In subsection (1), in the definition of “former wife” and “former husband”, for ““former wife” or “former husband”” substitute ““former spouse””. “former civil partner” means a person whose civil partnership with the deceased was during the lifetime of the deceased either— In subsection (4)— For subsection (5) substitute— After subsection (6) insert—
The fact that a notice of proposed civil partnership has been given must not be recorded in the register unless the registration authority— Sub-paragraph (1) does not apply if a declaration is obtained under paragraph 7. A declaration under sub-paragraph (1)(b) must contain such information and must be signed and attested in such manner as may be prescribed by regulations. The fact that a registration authority has received a declaration under sub-paragraph (1)(b) must be recorded in the register. A declaration under sub-paragraph (1)(b) must be filed and kept by the registration authority.
Sub-paragraph (2) applies if— The registration authority in whose area it is proposed that the registration take place must not issue a civil partnership schedule unless a ... declaration is obtained under paragraph 7.
Either of the proposed civil partners may apply to the High Court or the family court for a declaration that, given that— there is no impediment of affinity to the formation of the civil partnership. Such an application may be made whether or not any statement has been received by the registration authority under paragraph 6.
Section 13 (objection to proposed civil partnership) does not apply in relation to a civil partnership to which paragraphs 5 to 7 apply, except so far as an objection to the issue of a civil partnership schedule is made under that section on a ground other than the affinity between the proposed civil partners.
The occupancy rights of a non-entitled partner in relation to a family home shall not be exercisable in relation to the home where, following a dealing of the entitled partner relating to the home—
a person acquires the home, or an interest in it, in good faith and for value from a person other than the person who is or, as the case may be, was the entitled partner, or
a person derives title to the home from a person who acquired title as mentioned in paragraph (a).
This section does not apply in any case where—
the non-entitled partner in writing either—
consents or has consented to the dealing (any consent being in such form as the Scottish Ministers may, by regulations made by statutory instrument, prescribe), or
renounces or has renounced occupancy rights in relation to the family home or property to which the dealing relates,
the court has made an order under section 107 dispensing with the consent of the non-entitled partner to the dealing,
the dealing occurred, or implements a binding obligation entered into by the entitled partner, before the registration of the civil partnership,
the dealing occurred, or implements a binding obligation entered into, before the commencement of this section,
the dealing comprises a transfer for value to a third party who has acted in good faith, if there is produced to the third party by the transferor—
a written declaration signed by the transferor, or a person acting on behalf of the transferor under a power of attorney or as a guardian (within the meaning of the Adults with Incapacity (Scotland) Act 2000 (asp 4)), that the subjects of the transfer are not, or were not at the time of the dealing, a family home in relation to which a civil partner of the transferor has or had occupancy rights, or
a renunciation of occupancy rights or consent to the dealing which bears to have been properly made or given by the non-entitled partner or a person acting on behalf of the non-entitled partner under a power of attorney or as a guardian (within the meaning of the Adults with Incapacity (Scotland) Act 2000 (asp 4)).
the entitled partner has permanently ceased to be entitled to occupy the family home, and at any time after that a continuous period of 2 years has elapsed during which the non-entitled partner has not occupied the family home.
For the purposes of subsection (3)(e), the time of the dealing, in the case of the sale of an interest in heritable property, is the date of delivery to the purchaser of the deed transferring title to that interest.
Subject to subsections (1A) and (1C), The court may, on the application of an entitled partner or any other person having an interest, make an order dispensing with the consent of a non-entitled partner to a dealing which has taken place or a proposed dealing, if—
such consent is unreasonably withheld,
such consent cannot be given by reason of physical or mental disability, or
the non-entitled partner cannot be found after reasonable steps have been taken to trace that partner.
For the purposes of subsection (1)(a), a non-entitled partner has unreasonably withheld consent to a dealing which has taken place or a proposed dealing, where it appears to the court either—
that the non-entitled partner—
has led the entitled partner to believe that the non-entitled partner would consent to the dealing, and
would not be prejudiced by any change in the circumstances of the case since the conduct which gave rise to that belief occurred, or
that the entitled partner has, having taken all reasonable steps to do so, been unable to obtain an answer to a request for consent.
Subsection (1B) applies if, in relation to a proposed sale—
negotiations with a third party have not begun, or
negotiations have begun but a price has not been agreed.
An order under subsection (1) dispensing with consent may be made only if—
the price agreed for the sale is no less than such amount as the court specifies in the order, and
the contract for the sale is concluded before the expiry of such period as may be so specified.
The court, in considering whether to make an order under subsection (1), is to have regard to all the circumstances of the case including the matters specified in paragraphs (a) to (e) of section 103(3).
Where— the action is to be sisted until the conclusion of the proceedings on the application.
an application is made for an order under this section, and
an action is or has been raised by a non-entitled partner to enforce occupancy rights,
Subsection (1D) applies if the proposed dealing is the grant of a heritable security.
An order under subsection (1) dispensing with consent may be made only if—
the heritable security is granted for a loan of no more than such amount as the court specifies in the order, and
the security is executed before the expiry of such period as may be so specified.
If the court refuses an application for an order under subsection (1), it may make an order requiring a non-entitled partner who is or becomes the occupier of the family home—
to make such payments to the owner of the home in respect of that partner's occupation of it as may be specified in the order,
to comply with such other conditions relating to that partner's occupation of the family home as may be so specified.
The rights of a third party with an interest in the family home as a creditor under a secured loan in relation to the non-performance of any obligation under the loan are not prejudiced by reason only of the occupancy rights of the non-entitled partner; but where a non-entitled partner has or obtains occupation of a family home and— the court may, on the application of the third party, make an order requiring the non-entitled partner to make any payment due by the entitled partner in respect of the loan.
the entitled partner is not in occupation, and
there is a third party with such an interest in the family home,
This section does not apply to secured loans in respect of which the security was granted prior to the commencement of section 13 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73) unless the third party in granting the secured loan acted in good faith and there was produced to the third party by the entitled partner—
a written declaration signed by the entitled partner declaring that there is no non-entitled partner, or
a renunciation of occupancy rights or consent to the taking of the loan which bears to have been properly made or given by the non-entitled partner.
This section does not apply to secured loans in respect of which the security was granted after the commencement of section 13 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73) unless the third party in granting the secured loan acted in good faith and there was produced to the third party by the grantor—
a written declaration signed by the grantor declaring that the security subjects are not or were not at the time of the granting of the security a family home in relation to which a civil partner of the grantor has or had occupancy rights, or
a renunciation of occupancy rights or consent to the granting of the security which bears to have been properly made or given by the non-entitled partner.
For the purposes of subsections (2) and (3), the time of granting a security, in the case of a heritable security, is the date of delivery of the deed creating the security.
For the purposes of subsection (3), the time of granting a security, in the case of a statutory pledge, is—
the date of delivery of the constitutive document of the statutory pledge, or
where the statutory pledge is granted in an amendment document, the date of delivery of that document.
Subject to subsection (2), where, apart from the provisions of this Chapter, both civil partners are entitled to occupy a family home—
the rights in that home of one civil partner are not prejudiced by reason only of any dealing of the other civil partner, and
a third party is not by reason only of such a dealing entitled to occupy that home or any part of it.
Sections 106(3) and 107 and the definition of “dealing” in section 106(2) apply for the purposes of subsection (1) as they apply for the purposes of section 106(1) but subject to the following modifications—
any reference to the entitled partner and to the non-entitled partner is to be construed as a reference to a civil partner who has entered into, or as the case may be proposes to enter into, a dealing and to the other civil partner respectively, and
in paragraph (b) of section 107(4) the reference to occupancy rights is to be construed as a reference to any rights in the family home.
Where a civil partner brings an action for the division and sale of a family home owned in common with the other civil partner, the court, after having regard to all the circumstances of the case including— may refuse to grant decree in that action or may postpone the granting of decree for such period as it considers reasonable in the circumstances or may grant decree subject to such conditions as it may prescribe.
the matters specified in paragraphs (a) to (d) of section 103(3), and
whether the civil partner bringing the action offers or has offered to make available to the other civil partner any suitable alternative accommodation,
Where a family home as regards which there is an entitled partner and a non-entitled partner is adjudged, the Court of Session, on the application of the non-entitled partner made within 40 days after the date of the decree of adjudication, may— if satisfied that the purpose of the diligence was wholly or mainly to defeat the occupancy rights of the non-entitled partner.
order the reduction of the decree, or
make such order as it thinks appropriate to protect the occupancy rights of the non-entitled partner,
Section 106(2) applies in construing “entitled partner” and “non-entitled partner” for the purposes of subsection (1).
Subsection (2) applies where an application is made under section 103(1), 104(1) or 105(1).
In calculating the period of two years mentioned in section 101(6A)(a) or 106(3)(f), no account shall be taken of the period mentioned in subsection (3).
The period is the period beginning with the date on which the application is made and—
in the case of an application under section 103(1) or 104(1), ending on the date on which—
an order under section 103(3) or, as the case may be, 104(2) is made, or
the application is otherwise finally determined or abandoned,
in the case of an application under section 105(1), ending on the date on which—
the order under section 103(3) or, as the case may be, 104(2) is varied or recalled, or
the application is otherwise finally determined or abandoned.
The court may, on the application of a non-entitled partner, make an order transferring the tenancy of a family home to that partner and providing, subject to subsection (12), for the payment by the non-entitled partner to the entitled partner of such compensation as seems to it to be just and reasonable in all the circumstances of the case.
In an action— may, on granting decree or within such period as the court may specify on granting decree, make an order granting an application under subsection (1).
for dissolution of a civil partnership, the Court of Session or the sheriff,
for declarator of nullity of a civil partnership, the Court of Session,
In determining whether to grant an application under subsection (1), the court is to have regard to all the circumstances of the case including the matters specified in paragraphs (a) to (e) of section 103(3) and the suitability of the applicant to become the tenant and the applicant’s capacity to perform the obligations under the lease of the family home.
The non-entitled partner is to serve a copy of an application under subsection (1) on the landlord and, before making an order under subsection (1), the court is to give the landlord an opportunity of being heard by it.
On the making of an order granting an application under subsection (1), the tenancy vests in the non-entitled partner without intimation to the landlord, subject to all the liabilities under the lease (other than liability for any arrears of rent for the period before the making of the order).
The arrears mentioned in subsection (5) are to remain the liability of the original entitled partner.
The clerk of court is to notify the landlord of the making of an order granting an application under subsection (1).
It is not competent for a non-entitled partner to apply for an order under subsection (1) where the family home—
is let to the entitled partner by the entitled partner’s employer as an incident of employment, and the lease is subject to a requirement that the entitled partner must reside there,
is or is part of an agricultural holding,
is on, or pertains to—
a croft,
the subject of a cottar, or
the holding of a landholder or of a statutory small tenant,
is let on a long lease, or
is part of the tenancy land of a tenant-at-will.
In subsection (8)—
“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;
“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.
“subordinate legislation” means any instrument (within the meaning of section 1(c) of the Interpretation Act (Northern Ireland) 1954 (1954 c. 33 (N.I.))).
In Article 22 (powers of inspectors), in paragraph (7), for “husband or wife” substitute “spouse or civil partner”.
In section 47A (appeals in cases of death), in subsection (3)(a), after “widower” insert “or surviving civil partner”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
This paragraph applies if an application has been made for an order under Part 1, 2 or 3. A magistrates' court may make an interim order— The High Court may make an interim order on ordering the application to be reheard by a magistrates' court (either after the refusal of an order under paragraph 8 or on an appeal made by virtue of paragraph 46). Not more than one interim order may be made with respect to an application for an order under Part 1, 2 or 3. Sub-paragraph (4) does not affect the power of a court to make an interim order on a further application under Part 1, 2 or 3.
If an interim order made by the High Court on an appeal made by virtue of paragraph 46 provides for payments to be made from a date earlier than the date of the making of the order, the interim order may provide that payments made by the respondent under an order made by a magistrates' court are to be treated, to such extent and in such manner as may be provided by the interim order, as having been paid on account of any payment provided for by the interim order. In relation to an interim order in respect of an application for an order under Part 2 by the civil partner who has agreed to make the financial provision specified in the application, sub-paragraph (1) applies as if the reference to the respondent were a reference to the applicant.
Subject to sub-paragraph (3), paragraph 26 applies in relation to an order under Part 2 which requires periodical payments to be made to a civil partner for his own benefit as it applies in relation to an order under paragraph 2(1)(a). Subject to sub-paragraph (3), paragraph 27 applies in relation to an order under Part 2 for the making of financial provision in respect of a child of the family as it applies in relation to an order under paragraph 2(1)(c) or (d). If— the term which may be specified under Part 2 as the term for which the payments are to be made may begin with the date of the making of the application for the order under Part 1 or any later date.
If a magistrates' court has made an order under paragraph 2(1)(a) or (c) for the making of periodical payments, the court may, on an application made under this Part, make an order for the payment of a lump sum under paragraph 2(1)(b) or (d). If a magistrates' court has made an order under Part 2 for the making of periodical payments by a civil partner the court may, on an application made under this Part, make an order for the payment of a lump sum by that civil partner— Where the court has power by virtue of this paragraph to make an order for the payment of a lump sum— Where— the court may, regardless of sub-paragraph (3), make an order for the payment of a lump sum of that amount.
The power of the court under paragraphs 30 to 34 to vary an order for the making of periodical payments includes power, if the court is satisfied that payment has not been made in accordance with the order, to exercise one of its powers under section 59(3)(a) to (d) of the Magistrates' Courts Act 1980 (c. 43). Sub-paragraph (1) is subject to paragraph 37.
If in the exercise of its powers under section 75 of the 1980 Act a magistrates' court orders that a lump sum required to be paid under this Schedule is to be paid by instalments, the court, on an application made by either the person liable to pay or the person entitled to receive that sum, may vary that order by varying—
the number of instalments payable,
the amount of any instalment payable, and
the date on which any instalment becomes payable.
Sub-paragraphs (3) and (4) apply if— “Relevant period” means a period after the date of the formation of the subsequent civil partnership or marriage. No proceedings in respect of a cause of action arising out of the circumstances mentioned in sub-paragraph (1)(a) and (b) is maintainable by P (or P’s personal representatives) against R (or R’s personal representatives). But on an application made under this paragraph by P (or P’s personal representatives) against R (or R’s personal representatives) the court— An order under this paragraph for the payment of any sum may provide for the payment of that sum by instalments of such amount as may be specified in the order. An application under this paragraph— and accordingly references in this paragraph to the court are references to the High Court or a county court, as the circumstances require. The jurisdiction conferred on a county court by this paragraph is exercisable by a county court even though, because of the amount claimed in an application under this paragraph, the jurisdiction would not but for this sub-paragraph be exercisable by a county court. Subject to sub-paragraph (9)— Sub-paragraph (8) applies if (but only if) the act— In this paragraph “collecting officer”, in relation to an attachment of earnings order, means— to whom a person makes payments in compliance with the order.
In section 1(1ZC)(c) (which refers to section 149(6) of the Law of Property Act 1925), after “terminable after a death or marriage” insert “or the formation of a civil partnership”.
Amend section 336 (rights of occupation etc. of bankrupt’s spouse) as follows. In subsection (1), for “matrimonial home rights” substitute “home rights”. In subsection (2)— In subsection (4)(b) and (c) after “spouse or former spouse” insert “or civil partner or former civil partner”. In the heading to section 336 after “spouse” insert “or civil partner”.
Amend Article 2 (interpretation) as follows. “civil partnership proceedings county court” has the same meaning as in the Civil Partnership Act 2004; In that paragraph, in the definition of “former wife” and “former husband”, for ““former wife” or “former husband”” substitute ““former spouse””. “former civil partner” means a person whose civil partnership with the deceased was during the lifetime of the deceased either— In that paragraph, in the definition of “reasonable financial provision”, after paragraph (a) insert—. In paragraph (5)— For paragraph (6) substitute—
The court may make a pension sharing order— In this Schedule “pension sharing order” means a pension sharing order under this Part.
A pension sharing order may not be made in relation to a pension arrangement which— A pension sharing order may not be made in relation to shareable state scheme rights if— A pension sharing order may not be made in relation to the rights of a person under a pension arrangement if there is in force a requirement imposed by virtue of Part 5 which relates to benefits or future benefits to which that person is entitled under the pension arrangement.
This paragraph applies to the exercise by the court in relation to a civil partner of its powers under— The court must in particular have regard to—
This paragraph applies if the benefits which the civil partner with pension rights has or is likely to have under a pension arrangement include any lump sum payable in respect of that civil partner’s death. The court’s power under Part 1 to order a civil partner to pay a lump sum to the other civil partner includes the power to make by the order any of the provision in sub-paragraphs (3) to (5). If the person responsible for the pension arrangement has power to determine the person to whom the sum, or any part of it, is to be paid, the court may require him to pay the whole or part of that sum, when it becomes due, to the other civil partner. If the civil partner with pension rights has power to nominate the person to whom the sum, or any part of it, is to be paid, the court may require the civil partner with pension rights to nominate the other civil partner in respect of the whole or part of that sum. In any other case, the court may require the person responsible for the pension arrangement in question to pay the whole or part of that sum, when it becomes due, for the benefit of the other civil partner instead of to the person to whom, apart from the order, it would be paid. Any payment by the person responsible for the arrangement under an order made under Part 1 made by virtue of this paragraph discharges so much of his liability in respect of the civil partner with pension rights as corresponds to the amount of the payment. The powers conferred by this paragraph may not be exercised in relation to a pension arrangement which—
In this Part “the civil partner with pension rights” means the civil partner who has or is likely to have benefits under a pension arrangement. In this Part “pension arrangement” has the same meaning as in Part 3. In this Part, references to the person responsible for a pension arrangement are to be read in accordance with Article 23 of the 1999 Order.
This Part applies to the following orders— If the court has made an order referred to in sub-paragraph (1)(f)(ii), this Part ceases to apply to the order on the death of either of the civil partners. The powers exercisable by the court under this Part in relation to an order are also exercisable in relation to any instrument executed in pursuance of the order.
An application for the variation under paragraph 46 of a periodical payments order or secured periodical payments order made under Part 8 in favour of a child may, if the child has reached 16, be made by the child himself. Sub-paragraph (3) applies if a periodical payments order made in favour of a child under Part 8 ceases to have effect— If, on an application made to the court for an order under this sub-paragraph, it appears to the court that— the court may by order revive the order mentioned in sub-paragraph (2) from a date specified by it. The date specified under sub-paragraph (3) must not be earlier than the date of the application under that sub-paragraph. If under sub-paragraph (3) the court revives an order it may exercise its power under paragraph 46 in relation to the revived order.
This paragraph applies if the person liable to make payments under a secured periodical payments order has died. Subject to sub-paragraph (3), an application under this Part relating to the order may be made by— No such application may be made without the leave of the court after the end of 6 months from the date on which representation in regard to the estate of that person is first taken out. The personal representatives of the person who has died are not liable for having distributed any part of the estate of the deceased after the end of the 6 month period on the ground that they ought to have taken into account the possibility that the court might allow an application under this paragraph to be made after that period by the person entitled to payments under the order. Sub-paragraph (4) does not affect any power to recover any part of the estate so distributed arising by virtue of the making of an order in pursuance of this paragraph. In considering for the purposes of sub-paragraph (3) the question when representation was first taken out a grant limited to part of the estate is to be disregarded unless a grant limited to the remainder of the estate has previously been made or is made at the same time.
This paragraph applies if— The orders are— P or P’s personal representatives may (subject to sub-paragraph (7)) apply for an order under this paragraph against R or R’s personal representatives. If it appears to the court that, because of the changed circumstances or P’s death, the amount received by R in respect of a relevant period exceeds the amount which P or P’s personal representatives should have been required to pay, it may order the respondent to the application to pay to the applicant such sum, not exceeding the amount of the excess, as it thinks just. “Relevant period” means a period after the circumstances changed or (as the case may be) after P’s death. An order under this paragraph for the payment of any sum may provide for the payment of that sum by instalments of an amount specified in the order. An application under this paragraph— and accordingly references in this paragraph to the court are references to the High Court or a county court (whether a civil partnership proceedings county court or not), as the circumstances require. The jurisdiction conferred on a county court by this paragraph is exercisable even though, because of the amount claimed in the application, the jurisdiction would not but for this sub-paragraph be exercisable by a county court.
In this Part “maintenance agreement” means any written agreement between the civil partners in a civil partnership which— In this Part “financial arrangements” means provisions governing the rights and liabilities towards one another when living separately of the civil partners in a civil partnership (including a civil partnership which has been dissolved or annulled) in respect of— including such rights and liabilities with respect to the maintenance or education of a child (whether or not a child of the family). “Education” includes training.
A court of summary jurisdiction must not entertain an application under paragraph 62(1) unless— A court of summary jurisdiction must not make any order on such an application other than—
This paragraph applies if— Subject to sub-paragraphs (4) and (5), the surviving party or A’s personal representatives may apply to the High Court or a county court for an order under paragraph 62 and accordingly, for the purposes of this paragraph, any reference in that paragraph to the court includes a reference to a county court (whether a civil partnership proceedings county court or not). If a maintenance agreement is altered by a court on an application made under sub-paragraph (2), the same consequences follow as if the alteration had been made immediately before the death by agreement between the parties and for valuable consideration. An application under this paragraph may not, without the leave of the High Court or a county court, be made after the end of 6 months from the date on which representation in regard to A’s estate is first taken out. A county court has jurisdiction under this paragraph only if it is shown to the satisfaction of the court that, at the relevant date, the property included in A’s net estate did not exceed £15,000 in value. A’s personal representatives are not liable for having distributed any part of A’s estate after the end of the 6 month period on the ground that they ought to have taken into account the possibility that a court might allow an application by virtue of this paragraph to be made by the surviving party after that period. Sub-paragraph (6) does not affect any power to recover any part of the estate so distributed arising by virtue of the making of an order in pursuance of this paragraph. Paragraph 53(6) applies for the purposes of sub-paragraph (4) as it applies for the purposes of paragraph 53(3). In sub-paragraph (5)—
This Schedule applies if— For the purposes of this Schedule a person is subject to immigration control if— “EEA national” means a national of a State which is a contracting party to the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 (as it has effect from time to time).
Each notice of proposed civil partnership under Chapter 1 of Part 2 of this Act— “The relevant individual” means such employee or officer or other person provided by the specified registration authority as is determined in accordance with regulations made by the Secretary of State for the purposes of this sub-paragraph. Regulations under sub-paragraph (2) may, in particular, describe a person by reference to the location or office where he works. Before making any regulations under this paragraph the Secretary of State must consult the Registrar General.
Part 2 of this Act has effect in any case where this Part of this Schedule applies subject to any necessary modification. In particular section 52 has effect as if the matters proof of which is not necessary in support of the civil partnership included compliance with this Part of this Schedule. An expression used in this Part of this Schedule and in Chapter 1 of Part 2 of this Act has the same meaning as in that Chapter.
If— an application may be made under this sub-paragraph to the court for the order to be varied as mentioned in sub-paragraph (2). Subject to sub-paragraph (4), if an application is made under sub-paragraph (1), a justices' clerk, after— may vary the order to provide that payments under the order are to be made to the designated officer for the court. The clerk may proceed with an application under sub-paragraph (1) even if the respondent has not received written notice of the application. If an application has been made under sub-paragraph (1), the clerk may, if he considers it inappropriate to exercise his power under sub-paragraph (2), refer the matter to the court which, subject to paragraph 37, may vary the order by exercising one of its powers under section 59(3)(a) to (d) of the 1980 Act.
In section 1B (which refers to a tenancy granted so as to become terminable by notice after a death or marriage), for “a death or marriage” substitute “a death, a marriage or the formation of a civil partnership”.
Amend section 337 (rights of occupation of bankrupt) as follows. In subsection (2), for “spouse (if any) has matrimonial home rights” substitute “spouse or civil partner (if any) has home rights”. In subsection (3)—
Amend Article 3 (application for financial provision from deceased person’s estate) as follows. For paragraph (1)(a) and (b) (application may be made by spouse or by former spouse who has not remarried) substitute—. In paragraph (1)(ba) (application may be made by person living as husband or wife of the deceased), after “paragraph (1A)” insert “or (1B)”. In paragraph (1)(d) (application may be made by child of the family), after “marriage” (in each place) insert “or civil partnership”. After paragraph (1A) insert—
Before varying the order by exercising one of its powers under section 59(3)(a) to (d) of the 1980 Act, the court must have regard to any representations made by the parties to the application. If the court does not propose to exercise its power under section 59(3)(c), (cc) or (d) of the 1980 Act, the court must, unless upon representations expressly made in that behalf by the person to whom payments under the order are required to be made it is satisfied that it is undesirable to do so, exercise its power under section 59(3)(b).
Amend section 3(1) (meaning of “long tenancy”) as follows. In the words describing section 149(6) of the Law of Property Act 1925, after “terminable after a death or marriage” insert “or the formation of a civil partnership”. In the proviso (exclusion of certain tenancies terminable by notice after death or marriage)—
In Article 4(1) (orders which may be made on an application), after sub-paragraph (f) insert—
Section 59(4) of the 1980 Act (power of court to order that account be opened) applies for the purposes of paragraphs 35 and 36(4) as it applies for the purposes of section 59. None of the powers of the court, or of a justices' clerk, conferred by paragraphs 35 to 37 and sub-paragraph (1) is exercisable in relation to an order under this Schedule for the making of periodical payments which is not a qualifying maintenance order (within the meaning of section 59 of the 1980 Act).
Amend section 7 (rights of members of family succeeding to tenancy on death) as follows. In subsection (7) (“family member”), for “wife or husband” (in each place) substitute “spouse or civil partner”. In subsection (8) (surviving spouse’s rights on intestacy)—
Amend Article 5(2) (application by spouse or former spouse: matters to which court is to have regard) as follows. This paragraph applies, without prejudice to the generality of sub-paragraph (g) of paragraph (1), where an application for an order under Article 4 is made by virtue of Article 3(1)(a) or (b). The words from “the court shall, in addition” to the end of sub-paragraph (b) shall become a second sentence of the paragraph and, in sub-paragraph (a) of the sentence so formed, after “duration of the marriage” insert “or civil partnership”. The words from “in the case of an application by the wife or husband” to the end shall become a third sentence of the paragraph, omitting the immediately preceding “and”. In the case of an application by the civil partner of the deceased, the court shall also, unless at the date of the death a separation order under Chapter 2 of Part 4 of the Civil Partnership Act 2004 was in force and the separation was continuing, have regard to the provision which the applicant might reasonably have expected to receive if on the day on which the deceased died the civil partnership, instead of being terminated by death, had been terminated by a dissolution order.
In section 18(3) (members of landlord’s family whose residential rights exclude enfranchisement or extension), for “wife or husband” (in each place) substitute “spouse or civil partner”.
In Article 5(2A) (application by person living as husband or wife of deceased: matters to which court is to have regard), in sub-paragraph (a), after “wife” insert “or civil partner”.
In Article 8(3) and (10) (variation etc. of orders which cease on occurrence of specified event other than remarriage of former spouse), for “(other than the remarriage of a former wife or former husband)” substitute “(other than the formation of a subsequent marriage or civil partnership by a former spouse or former civil partner)”. In Article 8(9), for “or (f)” substitute “(f) or (g)”.
After Article 16 insert—
After Article 17 insert—
After Article 17A insert—
In Article 18(1) (power to vary secured periodical payments orders)—
after “Matrimonial Causes (Northern Ireland) Order 1978” insert “or Schedule 15 to the Civil Partnership Act 2004”, and
after “that Order” insert “or Part 10 of that Schedule”.
In Article 19(4) (meaning of “maintenance agreement”)—
for “entered into a marriage” substitute “formed a marriage or civil partnership”,
after “of the parties to that marriage” insert “or of the civil partners”, and
after “marriage” (in the third and fourth places) insert “or civil partnership”.
After Article 20 insert—
Amend Article 21 (effect, duration and form of orders) as follows. In paragraph (2)(a), for “former husband or former wife” substitute “former spouse or former civil partner”. In paragraph (2), after sub-paragraph (b) insertor. In that paragraph, in the words after sub-paragraph (b), for “on the remarriage of the applicant” onwards substitute “on the formation by the applicant of a subsequent marriage or civil partnership, except in relation to any arrears due under the order on the date of the formation of the subsequent marriage or civil partnership.”
“Registrar General” means the Registrar General for Northern Ireland;
Amend section 149(6) (which includes provision for a lease determinable on marriage of the lessee to take effect as a lease for 90 years determinable by notice after the lessee’s marriage) as follows. After “or on the marriage of the lessee,” insert “or on the formation of a civil partnership between the lessee and another person,”. For “after the death or marriage (as the case may be) of the original lessee, or of the survivor of the original lessees,” substitute “after (as the case may be) the death or marriage of, or the formation of a civil partnership by, the original lessee or the survivor of the original lessees,”.
In Part 1 of Schedule 1 (statutory tenants by succession), amend paragraph 2 (succession by surviving spouse) as follows. In sub-paragraph (1), after “surviving spouse” insert “, or surviving civil partner,”. For the purposes of this paragraph— In sub-paragraph (3), for the words after “the county court” substitute “shall for the purposes of this paragraph be treated (according to whether that one of them is of the opposite sex to, or of the same sex as, the original tenant) as the surviving spouse or the surviving civil partner.”
This paragraph applies if— A county court may make an order dispensing with the consent of any person whose consent is required. The court must be satisfied that the registration of the civil partnership is in the best interests of the young person. The court must be satisfied that— An application for an order under this paragraph may be made— and without the intervention of a next friend. The decision of the county court on any application made under this paragraph is final and conclusive.
The court in deciding— must have regard to all the circumstances of the case, giving first consideration to the welfare, while under 18, of any child of the family who has not reached 18.
whether to exercise its powers under—
Part 1 (financial provision on dissolution etc.),
Part 2 (property adjustment orders), or
any provision of Part 3 (pension sharing orders) other than paragraph 12 (apportionment of charges), and
if so, in what way,
Sub-paragraphs (2) and (3) apply if, on or after the making of a dissolution or nullity order, the court decides to exercise its powers under— in favour of one of the civil partners. The court must consider whether it would be appropriate to exercise those powers in such a way that the financial obligations of each civil partner towards the other will be terminated as soon after the making of the dissolution or nullity order as the court considers just and reasonable. If the court decides to make— in favour of one of the civil partners (“A”), it must in particular consider whether it would be appropriate to require the payments to be made or secured only for such term as would in its opinion be sufficient to enable A to adjust without undue hardship to the termination of A’s financial dependence on the other civil partner. If— the court may dismiss the application with a direction that the applicant is not entitled to make any future application in relation to that civil partnership for an order under Part 1 by virtue of paragraph 2(1)(a) or (b).
Either civil partner in a subsisting civil partnership may apply to the court for an order under this Part on the ground that the other civil partner (“the respondent”)— The court must not entertain an application under this paragraph unless— If, on an application under this paragraph, it appears to the court that— the court may make an interim order. If, on an application under this paragraph, the applicant satisfies the court of a ground mentioned in sub-paragraph (1), the court may make one or more of the orders set out in paragraph 36.
An order under this Part for the payment of a lump sum may be made for the purpose of enabling any liabilities or expenses reasonably incurred in maintaining the applicant or any child of the family to whom the application relates before the making of the application to be met. An order under this Part for the payment of a lump sum may— Sub-paragraphs (1) and (2) do not restrict the power to make an order by virtue of paragraph 36(1)(c) or (f).
The power to make an order under paragraph 36(1)(d), (e) or (f) is subject to paragraph 44(1) and (5) (restrictions on orders in favour of children who have reached 18).
This paragraph applies if proceedings for relief (“financial relief”) are brought by one person (“A”) against another (“B”) under Part 1, 2, 3, 7, 8 or 9 (other than paragraph 53(2)), or paragraph 62. If the court is satisfied, on an application by A, that B is, with the intention of defeating A’s claim for financial relief, about to— it may make such order as it thinks fit for restraining B from doing so or otherwise for protecting the claim. If the court is satisfied, on an application by A, that— it may make an order setting aside the disposition. If the court is satisfied, on an application by A in a case where an order has been obtained by A against B under any of the provisions mentioned in sub-paragraph (1), that B has, with the intention of defeating A’s claim for financial relief, made a reviewable disposition, it may make an order setting aside the disposition. An application for the purposes of sub-paragraph (3) must be made in the proceedings for the financial relief in question. If the court makes an order under sub-paragraph (3) or (4) setting aside a disposition it must give such consequential directions as it thinks fit for giving effect to the order (including directions requiring the making of any payments or the disposal of any property).
This paragraph applies if— “Mental disorder” has the same meaning as in the Mental Health (Northern Ireland) Order 1986 (S.I. 1986/595 (N.I. 4)). Subject to any order, direction or authority made or given in relation to that person under Part 8 of the 1986 Order, the court may order the payments to be made, or as the case may be, the property to be transferred, to such persons having charge of that person as the court may direct.
An order under this Part for the payment of a lump sum may be made for the purpose of enabling any liability or expenses reasonably incurred in maintaining the applicant or any child of the family to whom the application relates before the making of the order to be met. Sub-paragraph (1) does not restrict the power to make the orders set out in paragraph 2(1)(b) and (d).
This paragraph applies in relation to the exercise by the court of its power to make an order by virtue of paragraph 2(1)(c) or (d). The court must in particular have regard to— In relation to the exercise of its power to make an order in favour of a child of the family who is not the respondent’s child, the court must also have regard to—
This paragraph applies if the respondent— at the hearing of an application for an order under this Part. The court must not make an order under this Part unless there is produced to it such evidence as may be prescribed by rules of court of—
On an application for an order under Part 1, both civil partners may, before the determination of the application, request the court to make an order under this Part that the applicant or the respondent (as the case may be) is to make the financial provision specified in the request. If an order is made under this Part on a request under this paragraph the application for the Part 1 order is to be treated as if it had been withdrawn. In any of the following provisions of this Schedule —
Article 36 of the Domestic Proceedings (Northern Ireland) Order 1980 (S.I. 1980/563 (N.I. 5)) applies in relation to orders under this Schedule as it applies in relation to orders under that Order.
Articles 30 to 35 of the Domestic Proceedings (Northern Ireland) Order 1980 (S.I. 1980/563 (N.I. 5)) apply for the purposes of this Schedule as they apply for the purposes of that Order.
Either of the civil partners may make an application to the court for an order under paragraph 9 or 13. The rights conferred by sub-paragraph (1) are subject to— An application for an order under paragraph 9 or 13 must be made in a manner prescribed by rules of court.
Where— the court may, subject to sub-paragraph (4), make an interim order for maintenance. An interim order for maintenance is one requiring the other civil partner to make— such periodical payments as the court thinks reasonable for such term as the court thinks reasonable. The term must be one— If it appears to the court that the court will, in the event of an application being made under the leave, have jurisdiction to entertain the application only under paragraph 7(4), the court shall not make an interim order under this paragraph. An interim order under this paragraph may be made subject to such conditions as the court thinks fit.
Before deciding the application, the court must consider whether in all the circumstances of the case it would be appropriate for an order of the kind applied for to be made by a court in Northern Ireland. If the court is not satisfied that it would be appropriate, the court shall dismiss the application. The court must, in particular, have regard to the following matters—
Sub-paragraphs (2) to (4) apply where the court has jurisdiction to entertain an application for an order under paragraph 9 only because a dwelling-house which was a civil partnership home of the civil partners is situated in Northern Ireland. The court may make under paragraph 9 any one or more of the following orders (but no other)— Where under paragraph 9 the court makes just one order for the payment of a lump sum by one of the civil partners, the amount of the lump sum must not exceed the amount specified in sub-paragraph (5). Where under paragraph 9 the court makes two or more orders each of which is an order for the payment of a lump sum by the same civil partner, the total of the amounts of the lump sums must not exceed the amount specified in sub-paragraph (5). That amount is— Where the interest of one of the civil partners in the dwelling-house is held jointly or in common with any other person or persons— In sub-paragraph (2)—
The following provisions of Schedule 15 apply in relation to an order made under paragraph 5 or 9 of this Schedule as they apply in relation to a like order made under that Schedule— Sub-paragraph (1)(d) does not apply where the court has jurisdiction to entertain an application for an order under paragraph 9 only because a dwelling-house which was a civil partnership home of the civil partners is situated in Northern Ireland. Paragraph 22 of Schedule 15 (change of pension arrangement under which rights are shared) applies in relation to an order made under paragraph 9 of this Schedule by virtue of sub-paragraph (1)(d) as it applies to an order made under Part 1 of Schedule 15 by virtue of paragraph 20 or 21 of that Schedule. The Lord Chancellor may by regulations make for the purposes of this Schedule provision corresponding to any provision which may be made by him under paragraph 23(1) to (3) of Schedule 15 (supplementary provision about orders relating to pensions under Part 1 of that Schedule). The power to make regulations under this paragraph is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)). Regulations under this paragraph are subject to annulment in pursuance of a resolution of either House of Parliament in the same manner as a statutory instrument; and section 5 of the Statutory Instruments Act 1946 (c. 36) applies accordingly.
In this Schedule—
For the purposes of this Schedule the qualifying condition, in relation to a person subject to immigration control, is that the person— “Entry clearance” has the meaning given by section 33(1) of the Immigration Act 1971. Section 25 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19) (regulations about applications for permission to marry) applies in relation to the permission referred to in sub-paragraph (1)(b) as it applies in relation to permission to marry under sections 19(3)(b), 21(3)(b) and 23(3)(b) of that Act.
In paragraph 1(2) of Part 1 of Schedule 2 (restrictions on the holding of licences)—
in paragraphs (a) and (d), after “husband or wife” (in each place) insert “or civil partner”, and
at the end insert “and references to a civil partner shall include a former civil partner”.
In Schedule 5 (meaning of “connected person” for purposes of section 36(2)) in paragraph 1(e) after “spouse” insert “or civil partner”.
In section 23 (exemption for small dwellings), amend subsection (7) as follows. In the definition of “near relative”— “partner” means the other member of a couple consisting of—
In paragraph 3 of Schedule 1 (family charges), after “in consideration of marriage” insert “or the formation of a civil partnership”.
In Schedule 2 (community legal service: excluded services), in paragraph 2(3)(d), after “Domestic Proceedings and Magistrates' Courts Act 1978” insert “or Schedule 6 to the Civil Partnership Act 2004”.
In section 2 (exception for premises in which only employer’s relatives or outworkers work), in subsection (1), after “wife” insert “, civil partner”.
Amend section 29(1) (effect on civil proceedings and rights) as follows. For “wife or husband” substitute “spouse or civil partner”. For “married after the making of the statement or admission) against the wife or husband” substitute “married or became civil partners after the making of the statement or admission) against the spouse or civil partner”.
In section 1 (general right to acquire fee simple or to obtain extension of lease), in subsection (3)(f)(i) to (iv), after “spouse” insert “or civil partner”.
In Article 8 (limitations on rehabilitation), in paragraph (2)(c), after “marriage,” insert “civil partnership,”.
In Article 85 (orders for periodical payment: means of payment), in paragraph (8)(a)(ii), after “1980” insert “, the Civil Partnership Act 2004”.
Amend Article 18 (prohibited degrees of relationship) as follows. In paragraph (1), for the words from “between a man” to “that Table” substitute “between a person and any person mentioned in the list in Part 1 of the following Table”. For the Table in paragraph (1) substitute—. In paragraph (2)— In paragraph (2A), for the words from “between a man” to “that Part II” substitute “between a person and any person mentioned in the list in Part 2 of that Table”. In paragraph (2C), for the words from “between a man” to “that Part III” substitute “between a person and any person mentioned in the list in Part 3 of that Table”. In paragraph (2D), for sub-paragraphs (a) to (d) substitute—
Amend Article 10A (meaning of “offer to the public”) as follows. In paragraph (3)(a)(iii), for “widow or widower” substitute “surviving spouse or surviving civil partner”. In paragraph (6)(a), after “spouse” insert “or civil partner”.
Amend Article 4 (meaning of “associate”) as follows. For paragraph (2) substitute— In paragraph (3), after “husband or wife” insert “or civil partner”. In paragraph (8), at the end insert “and references to a civil partner include a former civil partner”.
In Article 42 (continuance of registration or licence on death), in paragraph (2), for the words from “the deceased’s personal representative” to “his death” substitutethe deceased’s personal representative, or widow or widower or surviving civil partner or any other member of the deceased’s family, until the expiration of—.
In Article 12 (family proceedings rules), amend paragraph (3)(g) as follows. After “1978” insert “or a civil partnership cause within the meaning of section 190(3) of the Civil Partnership Act 2004”. After “that Article 48” insert (in both places) “that section 190(3)”. After “divorce county court” insert “or civil partnership proceedings county court”.
In Article 85A (time off for dependants), in paragraph (3)(a), after “spouse” insert “or civil partner”.
In Article 30(7) (exceptions: meaning of “near relative”)—
after “spouse” insert “or civil partner”, and
for “by affinity)” substitute “by marriage or civil partnership)”.
Amend Article 5 (power to require evidence) as follows. In paragraph (3)(c), after “marital” insert “and civil partnership”. After paragraph (3) insert—
In section 19 (restrictions on right to extension of lease or to acquire fee simple), in subsection (1)(a)(i), after “spouse” insert “or civil partner”.
In Article 86 (revocation, variation, etc., of orders for periodical payment), in paragraph (1), after “1980” insert “and paragraph 42 of Schedule 16 to the Civil Partnership Act 2004”.
In Article 11 (employees' share scheme), in paragraph (b), for “wives, husbands, widows, widowers” substitute “spouses, civil partners, surviving spouses, surviving civil partners”.
In Article 179 (proceedings under Article 177 and 178), in paragraph (3)(b), after “marriage” insert “or the formation of a civil partnership”.
In Article 248 (institution or continuance of tribunal proceedings), in paragraph (5)(b), for “widow or widower” substitute “surviving spouse, surviving civil partner”.
In Article 69(3)(c) (interpretation: connected person), after “wife or husband” (in each place) substitute “or civil partner”.
In Article 6 (objections), in paragraph (6)(b), after “married” insert “or a civil partner”.
In Schedule 15 (grounds for possession), in Case 9 in Part 1 (dwelling required as residence for landlord or member of his family), for “wife or husband” substitute “spouse or civil partner”.
Any reference in paragraph 67 to defeating A’s claim for financial relief is to— In paragraph 67 and this paragraph “disposition”— Any disposition made by B (whether before or after the commencement of the proceedings for financial relief) is a reviewable disposition for the purposes of paragraph 67(3) and (4) unless it was made— If an application is made under paragraph 67 with respect to a disposition which took place less than 3 years before the date of the application or with respect to a disposition or other dealing with property which is about to take place and the court is satisfied— it is presumed, unless the contrary is shown, that the person who disposed of or is about to dispose of or deal with the property did so or, as the case may be, is about to do so, with the intention of defeating A’s claim for financial relief.
An order under paragraph 67(2), to the extent that it restrains B from making a disposition of any land in Northern Ireland which is specified in the order— In this paragraph and paragraph 70— Nothing in sub-paragraph (1)(b) or section 88(1) of the 1970 Act affects any power of the court to set aside a disposition under paragraph 67(3) or (4).
In Article 88 (nature of domestic proceedings), after paragraph (dh), insert—.
In Article 211 (notification of family and corporate interests), in paragraph (1), after “spouse” insert “or civil partner”.
In Article 286 (charge on bankrupt’s home), in paragraph (1), after “former spouse” insert “or by his civil partner or former civil partner”.
In Article 98 (enforcement of orders for periodical payment of money), in paragraph (11)(i), after “1980” insert “or Schedule 16 to the Civil Partnership Act 2004”.
Amend Article 335 (extension of Article 331 to spouses and children) as follows. In paragraph (1)— In the heading to Article 335, after “spouses” insert “, civil partners”.
Amend Article 302 (debts to spouse) as follows. In paragraph (1), after “spouse” (in each place) insert “or civil partner”. In the heading to Article 302, after “spouse” insert “or civil partner”.
The registration of a statutory charge created under paragraph 69(1)(a) shall be effective until— When the registration ceases to have effect the Registrar of Titles may cancel it. Nothing in this paragraph affects any provision of section 91 of the 1970 Act (cancellation and modification of statutory charges). An application for the renewal, under sub-paragraph (1)(a), of the registration of a charge may be made in the same manner as the application for the original registration.
In Article 99 (enforcement of orders for payment of money other than periodical payments), in paragraph (11), after “1980” insert “or Part 1, 2 or 6 of Schedule 16 to the Civil Partnership Act 2004”.
Amend Article 336 (extension of Article 332 to spouses and children) as follows. In paragraphs (1)(a) and (2)(a), after “wife or husband” insert “or civil partner”. In paragraph (3)— In the heading to Article 336, after “spouses” insert “, civil partners”.
In Article 305 (saving for bankrupt’s home), in paragraph (1), after “former spouse” insert “or by his civil partner or former civil partner”.
In Article 143 (appeals in other cases), after paragraph (3) insert—
In Article 354 (connected persons) in paragraph (2)—
in sub-paragraph (a), after “spouse,” insert “civil partner,”,
in sub-paragraph (c), after “spouse” (in both places) insert “or civil partner”.
In Article 312 (transactions at an undervalue), in paragraph (3)(b), after “marriage” insert “or the formation of a civil partnership”.
In Article 164 (appearance by counsel or solicitor), in paragraph (3), for “husband, wife” substitute “spouse, civil partner”.
In Article 423E (associates), in paragraph (8) after “spouse” insert “or civil partner”.
In Article 337 (inquiry into bankrupt’s dealings and property), in paragraph (1)(a), after “former spouse” insert “or civil partner or former civil partner”.
In Schedule 7 (matters to be dealt with in directors' report), in paragraph 2B(3) (immediate family), after “spouse” insert “, civil partner”.
In Article 367 (transactions defrauding creditors), in paragraph (1)(b), after “marriage” insert “or the formation of a civil partnership”.
Where both civil partners are joint or common tenants of a family home, the court may, on the application of one of the civil partners, make an order vesting the tenancy in that civil partner solely and providing, subject to subsection (12), for the payment by the applicant to the other partner of such compensation as seems just and reasonable in the circumstances of the case.
Subsections (2) to (9) apply for the purposes of an order under subsection (10) as they apply for the purposes of an order under subsection (1) but subject to the following modifications—
in subsection (3), for “tenant” there is substituted “ sole tenant ”;
in subsection (4), for “non-entitled” there is substituted “ applicant ”;
in subsection (5), for “non-entitled” there is substituted “ applicant ”,
in subsection (6), for “liability of the original entitled partner” there is substituted “ joint and several liability of both partners ”;
in subsection (8)—
for “a non-entitled” there is substituted “ an applicant ”,
for paragraph (a) there is substituted—, and
paragraphs (c) and (e) are omitted.
Where the family home is a Scottish secure tenancy within the meaning of the Housing (Scotland) Act 2001 (asp 10), no account is to be taken, in assessing the amount of any compensation to be awarded under subsection (1) or (10), of the loss, by virtue of the transfer of the tenancy of the home, of a right to purchase the home under Part 3 of the Housing (Scotland) Act 1987 (c. 26).
It shall not be incompetent for the Court of Session or the sheriff to entertain an application by one civil partner in a civil partnership for a relevant interdict by reason only that the civil partners are living together in civil partnership.
In subsection (1) . . . , “relevant interdict” means an interdict, including an interim interdict, which—
restrains or prohibits any conduct of one civil partner towards the other civil partner or a child of the family, or
subject to subsection (3), prohibits a civil partner from entering or remaining in—
a family home,
any other residence occupied by the applicant civil partner,
any place of work of the applicant civil partner,
any school attended by a child in the permanent or temporary care of the applicant civil partner
Subsection (4) applies if in relation to a family home the non-applicant civil partner—
is an entitled partner, or
has occupancy rights.
Except where subsection (5) applies, the court may not grant a relevant interdict prohibiting the non-applicant civil partner from entering or remaining in the family home.
This subsection applies if—
the interdict is ancillary to an exclusion order, or
by virtue of section 101(4), the court refuses leave to exercise occupancy rights.
In this section . . . , “applicant civil partner” means the civil partner who has applied for the interdict; and “non-applicant civil partner” is to be construed accordingly.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Subject to subsection (2), the court is, on the application of an applicant civil partner, to attach a power of arrest—
to any relevant interdict which is ancillary to an exclusion order (including an interim order under section 104(6));
to any other relevant interdict where the non-applicant civil partner has had the opportunity of being heard by or represented before the court, unless it appears to the court that in all the circumstances of the case such a power is unnecessary.
The court may attach a power of arrest to an interdict by virtue of subsection (1) only if satisfied that attaching the power would not result in the non-applicant civil partner being subject, in relation to the interdict, to a power of arrest under both this Chapter and the Protection from Abuse (Scotland) Act 2001 (asp 14).
A power of arrest attached to an interdict by virtue of subsection (1) does not have effect until such interdict together with the attached power of arrest is served on the non-applicant civil partner; and such a power of arrest, unless previously recalled, ceases to have effect upon the dissolution of the civil partnership.
If, by virtue of subsection (1), a power of arrest is attached to an interdict, a constable may arrest without warrant the non-applicant civil partner if the constable has reasonable cause for suspecting that civil partner of being in breach of the interdict.
If, by virtue of subsection (1), a power of arrest is attached to an interdict, the applicant civil partner is, as soon as possible after service of the interdict, to ensure that there is delivered— a copy of the application for the interdict and of the interlocutor granting the interdict together with a certificate of service of the interdict and, where the application to attach the power of arrest to the interdict was made after the interdict was granted, a copy of that application and of the interlocutor granting it and a certificate of service of the interdict together with the attached power of arrest.
to the chief constable of the police area in which the family home is situated, and
if the applicant civil partner resides in another police area, to the chief constable of that other police area,
Where any relevant interdict to which, by virtue of subsection (1), there is attached a power of arrest, is varied or recalled, the civil partner who applied for the variation or recall is to ensure that there is delivered— a copy of the application for variation or recall and of the interlocutor granting the variation or recall.
to the chief constable of the police area in which the family home is situated, and
if the applicant civil partner resides in another police area, to the chief constable of that other police area,
In this section and in sections 115 and 116—
“Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975 (c. 26);
The court may make any one or more of the orders set out in paragraph 2(1)— The court may make any one or more of the orders set out in paragraph 2(1)(d), (e) and (f)— The power of the court to make an order under sub-paragraph (1) or (2)(a) in favour of a child of the family is exercisable from time to time. If the court makes an order in favour of a child under sub-paragraph (2)(b), it may from time to time make a further order in the child’s favour of any of the kinds set out in paragraph 2(1)(d), (e) or (f).
If an order is made under paragraph 2(1)(a), (b) or (c) on or after making a dissolution or nullity order, neither the order nor any settlement made in pursuance of it takes effect unless the dissolution or nullity order has been made final. This paragraph does not affect the power of the court to give a direction under paragraph 76 (settlement of instrument by conveyancing counsel).
The property adjustment orders are— The court may make a property adjustment order under sub-paragraph (1)(c) even though there are no children of the family. In this paragraph—
If a sale of property order is made on or after the making of a dissolution or nullity order, it does not take effect unless the dissolution or nullity order has been made final. Where a sale of property order is made, the court may direct that— is not to take effect until the occurrence of an event specified by the court or the end of a period so specified.
If a pension sharing order relates to rights under a pension arrangement, the court may include in the order provision about the apportionment between the civil partners of any charge under—
section 41 of the 1999 Act (charges in respect of pension sharing costs), or
corresponding Northern Ireland legislation.
This paragraph applies to the exercise by the court in relation to a child of the family of its powers under— The court must in particular have regard to— In relation to the exercise of any of those powers against a civil partner (“A”) in favour of a child of the family who is not A’s child, the court must also have regard to—
This paragraph applies if, having regard to any benefits under a pension arrangement, the court decides to make an order under Part 1. To the extent to which the Part 1 order is made having regard to any benefits under a pension arrangement, it may require the person responsible for the pension arrangement, if at any time any payment in respect of any benefits under the arrangement becomes due to the civil partner with pension rights, to make a payment for the benefit of the other civil partner. The Part 1 order must express the amount of any payment required to be made by virtue of sub-paragraph (2) as a percentage of the payment which becomes due to the civil partner with pension rights. Any such payment by the person responsible for the arrangement— If the civil partner with pension rights has a right of commutation under the arrangement, the Part 1 order may require that civil partner to exercise it to any extent. This paragraph applies to any payment due in consequence of commutation in pursuance of the Part 1 order as it applies to other payments in respect of benefits under the arrangement. The power conferred by sub-paragraph (5) may not be exercised for the purpose of commuting a benefit payable to the civil partner with pension rights to a benefit payable to the other civil partner. The powers conferred by sub-paragraphs (2) and (5) may not be exercised in relation to a pension arrangement which—
The Lord Chancellor may by regulations— Regulations under sub-paragraph (1)(e) may include— The power to make regulations under paragraph 27 or this paragraph is exercisable by statutory instrument which is subject to annulment in pursuance of a resolution of either House of Parliament. “Prescribed” means prescribed by regulations.
This paragraph applies to an order under Part 1 so far as it includes provision made by virtue of paragraph 25(2) which— From the time the trustees or managers of the scheme receive the transfer notice, the order has effect— The modifications are that—
This paragraph applies where the court makes, in relation to an occupational pension scheme— If the Board subsequently assumes responsibility for the scheme, that does not affect—
Regardless of anything in the preceding provisions of this Schedule, on an application for a consent order for financial relief, the court may, unless it has reason to think that there are other circumstances into which it ought to inquire, make an order in the terms agreed on the basis only of such information supplied with the application as is required by rules of court. Sub-paragraph (1) applies to an application for a consent order varying or discharging an order for financial relief as it applies to an application for an order for financial relief. In this paragraph—
Either party to a maintenance agreement may apply to the court or, subject to sub-paragraph (6), to a magistrates' court for an order under this paragraph if— The court may make an order under this paragraph if it is satisfied that— In sub-paragraph (2)(a) the reference to a change in the circumstances includes a change foreseen by the parties when making the agreement. An order under this paragraph may make such alterations in the agreement— as appear to the court to be just having regard to all the circumstances, including, if relevant, the matters mentioned in paragraph 22(3). The effect of the order is that the agreement is to be treated as if any alteration made by the order had been made by agreement between the partners and for valuable consideration. The power to make an order under this paragraph is subject to paragraphs 70 and 71.
Nothing in paragraphs 68 to 71 affects—
any power of a court before which any proceedings between the parties to a maintenance agreement are brought under any other enactment (including a provision of this Schedule) to make an order containing financial arrangements, or
any right of either party to apply for such an order in such proceedings.
An application under paragraph 30, 31 or 36 may be made—
if it is for the variation or revocation of an order under Part 1, 2, 3 or 4 for periodical payments, by either civil partner, and
if it is for the variation of an order under paragraph 2(1)(c) or Part 2 or 3 for periodical payments to or in respect of a child, also by the child himself, if he has reached 16.
None of the following powers apply in relation to an order made under this Schedule—
the powers of a magistrates' court to revoke, revive or vary an order for the periodical payment of money and the power of a justices' clerk to vary such an order under section 60 of the 1980 Act;
the power of a magistrates' court to suspend or rescind certain other orders under section 63(2) of the 1980 Act.
In Article 14 (extended discretion of court), in paragraph (2), after “spouse” (in both places) insert “or civil partner”.
In section 5 (power to appoint pensions to officers, etc.), after “widows” insert “or surviving civil partners”.
In section 2 (power to grant pensions, allowances, and gratuities), in subsection (1), after “widows” insert “or surviving civil partners”.
In section 9 (interpretation), in the definition of “relative”, for “husband or wife” substitute “spouse or civil partner”.
In— after “husband, wife” insert “, civil partner”.
section 12 (general provisions as to medical recommendations), in subsection (5), in the words following paragraph (e), and
section 25C (supervision applications: supplementary), in subsection (10),
Amend section 12 (applications for financial relief after overseas divorce etc.) as follows. In subsection (2) (no application may be made after remarriage), for “remarries” substitute “forms a subsequent marriage or civil partnership,”. For subsection (3) substitute—
“civil partnership cause” means an action for the dissolution or annulment of a civil partnership or for the legal separation of civil partners;
Amend Schedule 1 (statutory tenants by succession) as follows. In paragraph 2, after “surviving spouse” insert “, or surviving civil partner,”. In paragraph 7, after “surviving spouse” insert “, or surviving civil partner,”.
In Schedule 4 (grounds for possession), in Case 3 in Part 1 (dwelling-house required as residence for landlord or member of his family), in paragraph (d), for “wife or husband” substitute “spouse or civil partner”.
After section 36 insert—
For section 38(3) (transfer of family proceedings from High Court to county court) substitute—
In section 39(2) (family proceedings transferable to the High Court), for “or divorce county court” (in each place) substitute “, divorce county court or civil partnership proceedings county court”.
In section 40(4)(b) (enforcement in High Court of orders of divorce county court), after “a divorce county court” insert “or a civil partnership proceedings county court”.
Amend section 42 (county court proceedings in principal registry of Family Division) as follows. In subsection (1)— After that subsection insert— In subsection (2), for the words from the beginning to “on divorce county courts” substitute “A jurisdiction to which this subsection applies”. For the words in subsection (2) after paragraph (b) substitute the following new subsection— In subsection (3), for “subsection (2)” substitute “subsection (2A)”. After subsection (3) insert— After subsection (4) insert— In subsection (4A), after “in any matrimonial cause or matter” insert “, or in any civil partnership cause or matter,”. In subsection (5), for paragraphs (a) and (b) substitute— After that subsection insert—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Where a person has been arrested under section 114(4), the officer in charge of a police station may—
if satisfied that there is no likelihood of violence to the applicant civil partner or any child of the family, liberate that person unconditionally, or
refuse to liberate that person.
For such refusal and the detention of that person until appearance in court by virtue of section 116(2) or of any provision of the Criminal Procedure (Scotland) Act 1975 (c. 21) the officer is not to be subjected to any claim whatsoever.
Where a person arrested under section 114(4) is liberated under subsection (1), the facts and circumstances which gave rise to the arrest are to be reported forthwith to the procurator fiscal who, if he decides to take no criminal proceedings in respect of those facts and circumstances, is at the earliest opportunity to take all reasonable steps to intimate his decision to the persons mentioned in paragraphs (a) and (b) of section 116(5).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The provisions of this section apply only where—
the non-applicant civil partner has not been liberated under section 115(1), and
the procurator fiscal decides that no criminal proceedings are to be taken in respect of the facts and circumstances which gave rise to the arrest.
The non-applicant civil partner who has been arrested under section 114(4) is wherever practicable to be brought before the sheriff sitting as a court of summary criminal jurisdiction for the district in which that civil partner was arrested not later than in the course of the first day after the arrest, such day not being a Saturday, a Sunday or a court holiday prescribed for that court under section 8 of the Criminal Procedure (Scotland) Act 1995 (c. 46).
Nothing in subsection (2) prevents the non-applicant civil partner being brought before the sheriff on a Saturday, a Sunday or such a court holiday when the sheriff is, in pursuance of that section of that Act, sitting for the disposal of criminal business.
Subsections (1) to (3) of section 15 of that Act (intimation to a named person) apply to a non-applicant civil partner who has been arrested under section 114(4) as they apply to a person who has been arrested in respect of any offence.
The procurator fiscal is at the earliest opportunity, and in any event prior to the non-applicant civil partner being brought before the sheriff under subsection (2), to take all reasonable steps to intimate— that the criminal proceedings referred to in subsection (1) will not be taken.
to the applicant civil partner, and
to the solicitor who acted for that civil partner when the interdict was granted or to any other solicitor who the procurator fiscal has reason to believe acts for the time being for that civil partner,
On the non-applicant civil partner being brought before the sheriff under subsection (2) (as read with subsection (3)), the following procedures apply—
the procurator fiscal is to present to the court a petition containing—
a statement of the particulars of the non-applicant civil partner,
a statement of the facts and circumstances which gave rise to the arrest, and
a request that the non-applicant civil partner be detained for a further period not exceeding 2 days,
if it appears to the sheriff that— he may order the non-applicant civil partner to be detained for a further period not exceeding 2 days, and
the statement referred to in paragraph (a)(ii) ostensibly discloses a breach of interdict by the non-applicant civil partner,
proceedings for breach of interdict will be taken, and
there is a substantial risk of violence by the non-applicant civil partner against the applicant civil partner or any child of the family,
in any case to which paragraph (b) does not apply, the non-applicant civil partner is, unless in custody in respect of any other matter, to be released from custody.
In computing the period of 2 days referred to in paragraphs (a) and (b) of subsection (6), no account is to be taken of a Saturday or Sunday or of any holiday in the court in which the proceedings for breach of interdict will require to be raised.
An action for the dissolution of a civil partnership may be brought in the Court of Session or in the sheriff court.
In such an action the court may grant decree, if, but only if, it is established that—
the civil partnership has broken down irretrievably, or
subject to subsection (3A), an interim gender recognition certificate under the Gender Recognition Act 2004 (c. 7) has, after the date of registration of the civil partnership, been issued to either of the civil partners.
The irretrievable breakdown of a civil partnership is taken to be established if—
since the date of registration of the civil partnership the defender has at any time behaved (whether or not as a result of mental abnormality and whether such behaviour has been active or passive) in such a way that the pursuer cannot reasonably be expected to cohabit with the defender,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
there has been no cohabitation between the parties, and
the pursuer has not refused a genuine and reasonable offer by the defender to adhere,
there has been no cohabitation between the civil partners at any time during a continuous period of one year after the date of registration of the civil partnership and immediately preceding the bringing of the action and the defender consents to the granting of decree of dissolution of the civil partnership, or
there has been no cohabitation between the civil partners at any time during a continuous period of two years after that date and immediately preceding the bringing of the action.
Provision is to be made by act of sederunt— and where the defender has indicated (and not withdrawn) such consent in the prescribed manner, that indication is sufficient evidence of such consent.
for the purpose of ensuring that, in an action to which paragraph (c) of subsection (3) relates, the defender has been given such information as enables that civil partner to understand—
the consequences of consenting to the granting of decree, and
the steps which must be taken to indicate such consent, and
as to the manner in which the defender in such an action is to indicate such consent, and any withdrawal of such consent,
Subsection (2)(b)—
does not apply where, under the Gender Recognition Act 2004, a Gender Recognition Panel issues a full gender recognition certificate to the person to whom the interim gender recognition certificate was issued, but
continues to apply despite a full gender recognition certificate being issued to that person by the sheriff under section 4E of that Act.
Provision is to be made by act of sederunt for the purpose of ensuring that, where in an action for the dissolution of a civil partnership the defender is suffering from mental illness, the court appoints a curator ad litem to the defender.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In an action for dissolution of a civil partnership the standard of proof required to establish the ground of action is on balance of probability.
At any time before granting decree in an action by virtue of paragraph (a) of section 117(2) for dissolution of a civil partnership, if it appears to the court that there is a reasonable prospect of a reconciliation between the civil partners it must continue, or further continue, the action for such period as it thinks proper to enable attempts to be made to effect such a reconciliation.
If during any such continuation the civil partners cohabit with one another, no account is to be taken of such cohabitation for the purposes of that action.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
the pursuer resumes cohabitation with the defender, and
cohabits with the defender at any time after the end of a period of 3 months commencing with the date of such resumption.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In considering whether any period mentioned in paragraph . . . , (c) or (d) of section 117(3) has been continuous, no account is to be taken of any period or periods not exceeding 6 months in all during which the civil partners cohabited with one another; but no such period or periods during which the civil partners cohabited with one another is to count as part of the period of non-cohabitation required by any of those paragraphs.
An action for the separation of the civil partners in a civil partnership may be brought in the Court of Session or in the sheriff court.
In such an action the court may grant decree if satisfied that the circumstances set out in any of paragraphs (a) to (d) of section 117(3) are established.
The court may grant decree in an action for the dissolution of a civil partnership even though decree of separation has previously been granted to the pursuer on the same, or substantially the same, facts as those averred in support of that action; and in any such action the court may treat an extract decree of separation lodged in process as sufficient proof of the facts under which that decree was granted.
Nothing in this section entitles a court to grant decree of dissolution of a civil partnership without receiving evidence from the pursuer.
The Registrar General is to maintain at the General Register Office a register of decrees of dissolution and of declarator of nullity of civil partnership (a register which shall be known as the “Register of Dissolutions of Civil Partnership”).
The Registrar General is to cause to be made and kept at the General Register Office an alphabetical index of the entries in that register.
The register is to be in such form as may be prescribed.
On payment to him of such fee or fees as may be prescribed, the Registrar General must, at any time when the General Register Office is open for that purpose—
cause a search of the index to be made on behalf of any person or permit any person to search the index himself,
issue to any person an extract of any entry in the register which that person may require.
An extract of any entry in the register is to be sufficient evidence of the decree of dissolution or, as the case may be, of the declarator of nullity of civil partnership to which it relates.
The Registrar General may— any entry in the register.
delete,
amend, or
substitute another entry for,
Section 39C of the 1965 Act applies in relation to the Register of Dissolutions of Civil Partnership as it applies in relation to the Register of Divorces.
Notwithstanding that irretrievable breakdown of a civil partnership has been established in an action for dissolution, the court may— postpone the grant of decree in the action until it is satisfied that the other party has complied with subsection (3).
on the application of a party (“the applicant”), and
if satisfied—
that subsection (2) applies, and
that it is just and reasonable to do so,
This subsection applies where—
the applicant is prevented from entering into a religious marriage by virtue of a requirement of the religion of that marriage, and
the other party can act so as to remove, or enable or contribute to the removal of, the impediment which prevents that marriage.
A party complies with this subsection by acting in the way described in subsection (2)(b).
The court may, whether or not on the application of a party and notwithstanding that subsection (2) applies, recall a postponement under subsection (1).
The court may, before recalling a postponement under subsection (1), order the other party to produce a certificate from the relevant religious body confirming that the other party has acted in the way described in subsection (2)(b).
For the purposes of subsection (5), a religious body is “relevant” if the applicant considers the body competent to provide the confirmation referred to in that subsection.
In this section—
“compelled” means compelled by any means (including by the enforcement of a contract or a statutory or other legal requirement);
a reference to the particular immigration status which a person has is a reference to the immigration status set out in any of paragraphs (a) to (c) of section 49(2) of that Act which the person has;
a reference to a person’s immigration position in the United Kingdom includes a reference to the person’s not being entitled to be in the United Kingdom.
Any reference in this section to a marriage celebrant of a specified religious body is a reference to—
a minister, clergyman, pastor or priest of such a body,
a person who has, on the nomination of such a body, been registered under section 9 of the Marriage (Scotland) Act 1977 as empowered to solemnise marriages,
any person who is recognised by such a body as entitled to solemnise marriages on its behalf.
they were not eligible to do so, or
Where two people register in Scotland as civil partners of each other, the civil partnership is void if, and only if—
they were not eligible to do so, . . .
though they were so eligible, either of them did not . . . consent to its formation , or.
at the time of registration one of them who was capable of consenting to the formation of the civil partnership purported to give consent but did so by reason only of duress or error.
In this section “error” means—
error as to the nature of civil partnership, or
a mistaken belief held by a person (“A”) that the other person with whom A purported to register a civil partnership was the person with whom A had agreed to register a civil partnership.
though they were so eligible, either of them did not validly consent to its formation.
Where two people register as civil partners of each other in England and Wales—
the civil partnership is void if it would be void in England and Wales under section 49, and
the civil partnership is voidable if it would be voidable there under section 50(1)(a), (b), (c) or (e).
Where two people register as civil partners of each other in Northern Ireland, the civil partnership is—
void, if it would be void in Northern Ireland under section 173, and
voidable, if it would be voidable there under section 174(1)(a), (b), (c) or (e).
Subsection (4) applies where two people register as civil partners of each other under an Order in Council under— (“the relevant section”).
section 210 (registration at British consulates etc.), or
section 211 (registration by armed forces personnel),
The civil partnership is—
void, if—
the condition in subsection (2)(a) or (b) of the relevant section is not met, or
a requirement prescribed for the purposes of this paragraph by an Order in Council under the relevant section is not complied with, and
voidable, if—
the appropriate part of the United Kingdom is England and Wales and the circumstances fall within section 50(1)(a), (b), (c) or (e), or
the appropriate part of the United Kingdom is Northern Ireland and the circumstances fall within section 174(1)(a), (b), (c) or (e).
The appropriate part of the United Kingdom is the part by reference to which the condition in subsection (2)(b) of the relevant section is met.
Subsections (7) and (8) apply where two people have registered an apparent or alleged overseas relationship.
The civil partnership is void if—
the relationship is not an overseas relationship, or
(even though the relationship is an overseas relationship), the parties are not treated under Chapter 2 of Part 5 as having formed a civil partnership.
The civil partnership is voidable if—
the overseas relationship is voidable under the relevant law,
where either of the parties was domiciled in England and Wales at the time when the overseas relationship was registered, the circumstances fall within section 50(1)(a), (b), (c) or (e), or
where either of the parties was domiciled in Northern Ireland at the time when the overseas relationship was registered, the circumstances fall within section 174(1)(a), (b), (c) or (e).
Section 51 or (as the case may be) section 175 applies for the purposes of—
subsections (1)(b), (2)(b) and (4)(b),
subsection (8)(a), in so far as applicable in accordance with the relevant law, and
subsection (8)(b) and (c).
In subsections (8)(a) and (9)(b) “the relevant law” means the law of the country or territory where the overseas relationship was registered (including its rules of private international law).
For the purposes of subsections (8) and (9)(b) and (c), references in sections 50 and 51 or (as the case may be) sections 174 and 175 to the formation of the civil partnership are to be read as references to the registration of the overseas relationship.
Schedule 11 relates to applications for financial provision in Scotland after a civil partnership has been dissolved or annulled in a country or territory outside the British Islands.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In this Chapter and in Chapters 2 (except in section 88F) and 5, “prescribed” means prescribed by regulations made by the Registrar General.
Regulations so made may make provision (including provision as to fees) supplementing, in respect of the provision of services by or on behalf of the Registrar General or by local registration authorities (as defined by section 5(3) of the 1965 Act), the provisions of Chapter 2 of this Part.
Any power to make regulations under subsection (1) or (2) is exercisable by statutory instrument; and no such regulations are to be made except with the approval of the Scottish Ministers.
A statutory instrument containing regulations under subsection (1) or (2), or regulations under section 94A(1)(a)(i) , (2A)(a)(i) or (5), 94B(3), 94E(4) , 106(3)(a)(i) or 121A(7), is subject to annulment in pursuance of a resolution of the Scottish Parliament.
Where an attachment has been executed of furniture and plenishings of which the debtor’s civil partner has the possession or use by virtue of an order under section 103(3) or (4), the sheriff, on the application of that civil partner made within 40 days after the execution of the attachment, may— if satisfied that the purpose of the attachment was wholly or mainly to prevent such possession or use.
declare the attachment null, or
make such order as he thinks appropriate to protect such possession or use by that civil partner,
No promise or agreement to enter into civil partnership creates any rights or obligations under the law of Scotland; and no action for breach of such a promise or agreement may be brought in any court in Scotland, whatever the law applicable to the promise or agreement.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Lord Advocate may enter appearance as a party in any action— and he may lead such proof and maintain such pleas as he thinks fit.
of declarator of nullity of a civil partnership, or
for dissolution of a civil partnership,
The Court, whenever it considers it necessary for the proper disposal of any such action, is to direct that the action be brought to the notice of the Lord Advocate for him to determine whether to enter appearance.
No expenses are claimable by or against the Lord Advocate in any such action in which he enters appearance.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The civil partner of an accused may be called as a witness—
by the accused, or
without the consent of the accused, by a co-accused or by the prosecutor.
But the civil partner is not a compellable witness for the co-accused or for the prosecutor and is not compelled to disclose any communication made, while the civil partnership subsists, between the civil partners.
The failure of a civil partner of an accused to give evidence is not to be commented on by the defence or the prosecutor.
Where a person dies survived by a civil partner then, unless the circumstance is as mentioned in subsection (2), the civil partner has right to half of the moveable net estate belonging to the deceased at the time of death.
That circumstance is that the person is also survived by issue, in which case the civil partner has right to a third of that moveable net estate and those issue have right to another third of it.
In this section—
a statutory assured tenant as defined in section 16(1) of the Housing (Scotland) Act 1988 (c. 43),
Every testamentary disposition executed after the commencement of this section by which provision is made in favour of the civil partner of the testator and which does not contain a declaration to the effect that the provision so made is in full and final satisfaction of the right to any share in the testator’s estate to which the civil partner is entitled by virtue of subsection (1) or (2), has effect (unless the disposition contains an express provision to the contrary) as if it contained such a declaration.
In section 36(1) of the Succession (Scotland) Act 1964 (c. 41), in the definition of “legal rights”, for “and legitim” substitute “ legitim and rights under section 131 of the Civil Partnership Act 2004 ”.
Section 2 of the Married Women’s Policies of Assurance (Scotland) Act 1880 (c. 26) (which provides that a policy of assurance may be effected in trust for a person’s spouse, children or spouse and children) applies in relation to a policy of assurance— as it applies in relation to a policy of assurance effected as, and expressed upon the face of it to be for such benefit as, is mentioned in that section.
effected by a civil partner (in this section referred to as “A”) on A’s own life, and
expressed upon the face of it to be for the benefit of A’s civil partner, or of A’s children, or of A’s civil partner and children,
After section 77 of the Local Government Finance Act 1992 (c. 14), insert—
Subject to such exceptions as may be prescribed, a district registrar may refuse to comply with any application voluntarily made to him under this Part until the appropriate fee, if any, provided for by or under this Part is paid to him; and any such fee, if not prepaid, is recoverable by the registrar to whom it is payable.
Circumstances, of hardship or otherwise, may be prescribed in which fees provided for by or under this Part may be remitted by the Registrar General.
“religious premises” means premises which—
Sub-paragraphs (3) and (4) apply if— “Relevant period” means a period after the date of the formation of the subsequent civil partnership or marriage. P (or P’s personal representatives) is not entitled to bring proceedings in respect of a cause of action arising out of the circumstances mentioned in sub-paragraph (1)(a) and (b) against R (or R’s personal representatives). But, on an application under this paragraph by P (or P’s personal representatives) against R (or R’s personal representatives), the court— An order under this paragraph for the payment of any sum may provide for the payment of that sum by instalments of such amount as may be specified in the order. An application under this paragraph— and accordingly references in this paragraph to the court are references to the High Court or a county court, as the circumstances require. The jurisdiction conferred on a county court by this paragraph is exercisable even though, because of the amount claimed in the application, the jurisdiction would not but for this sub-paragraph be exercisable by a county court. Subject to sub-paragraph (9)— Sub-paragraph (8) applies if (and only if) the act— In sub-paragraphs (8) and (9) “payments order” means a periodical payments order or secured periodical payments order and “collecting officer”, in relation to an attachment of earnings order, means— to whom a person makes payments in compliance with the order.
Sub-paragraphs (3) and (4) apply if— “Relevant period” means a period after the date of the formation of the civil partnership or marriage. P (or P’s personal representatives) is not entitled to bring proceedings in respect of a cause of action arising out of the circumstances mentioned in sub-paragraph (1)(a) and (b) against R (or R’s personal representatives). But, on an application under this paragraph by P (or P’s personal representatives) against R (or R’s personal representatives), the court— An order under this paragraph for the payment of any sum may provide for the payment of that sum by instalments of such amount as may be specified in the order. An application under this paragraph— and accordingly references in this paragraph to the court are references to the High Court or a county court (whether a civil partnership proceedings county court or not), as the circumstances require. The jurisdiction conferred on a county court by this paragraph is exercisable even though, because of the amount claimed in the application, the jurisdiction would not but for this sub-paragraph be exercisable by a county court. Subject to sub-paragraph (9), the collecting officer of a court of summary jurisdiction to whom any payments under a payments order, or under an attachment of earnings order made to secure payments under a payments order, are required to be made is not liable— Sub-paragraph (8) applies if (and only if) the act— In this paragraph—
In section 6 (inquiry by Attorney-General, and apprehension of absconding witnesses), in subsection (2), for “husband or wife” (in both places) substitute “spouse or civil partner”.
In the Schedule (matters in respect of which particulars may be required), in paragraph 5 after “as to marriage” insert “or civil partnership”.
Amend section 1 (restriction on publication of reports of judicial proceedings) as follows. In subsection (1)(b), for “or for restitution of conjugal rights” substitute “or for the dissolution or annulment of a civil partnership or for the separation of civil partners”. Omit subsection (5).
section 51(2) of the Civil Partnership Act 2004,
Amend section 32(3)(a) (trust on reaching 18 or marrying under that age of accumulations during infancy) as follows. In sub-paragraph (i)— In sub-paragraph (ii), after “marriage” insert “, or on formation of a civil partnership,”. In the words after that sub-paragraph, after “marriage” insert “or formation of a civil partnership”.
In section 10 (orders to which Part 2 of the Act applies), in subsection (2), after paragraph (h) insert—.
Amend section 22 (nomination to property in society) as follows. In subsection (2), for “husband, wife,” substitute “spouse, civil partner,”. In subsection (6)—
Amend section 34(1)(b) (trust to maintain principal beneficiary and his spouse and issue on failure of protective trust under paragraph (a)(ii)) as follows. In sub-paragraphs (i) and (ii), for “wife or husband” substitute “spouse or civil partner”. In sub-paragraph (ii), after “married” insert “or formed a civil partnership”.
Amend section 13 (variation of orders registered in courts of summary jurisdiction) as follows. In subsection (5A), after “1980” insert “or paragraph 42 of Schedule 16 to the Civil Partnership Act 2004”. In subsection (7B), after “1989” insert “or paragraph 9 of Schedule 17 so far as that paragraph applies Part 1 of Schedule 15”.
In the definition of “member of the family” in section 101(1) (interpretation), for “husband, wife,” substitute “spouse, civil partner,”.
In this Part, unless the context otherwise requires—
If— the home shall, on such transfer, cease to be a family home.
the tenancy of a family home is transferred from one civil partner to the other by agreement or under any enactment, and
following the transfer, the civil partner to whom the tenancy was transferred occupies the home but the other civil partner does not,
“statutory provision” has the meaning given by section 1(f) of the Interpretation Act (Northern Ireland) 1954 (1954 c. 33 (N.I.)).
“future Northern Ireland legislation” means Northern Ireland legislation passed or made after the last day of the Session in which this Act is passed;
In section 56(1) of the 1965 Act (interpretation), in the definition of “relative”, at the end insert “ , a civil partner and anyone related to the civil partner of the person as regards whom the expression is being construed ”.
For the purposes of section 1, two people are to be regarded as having registered as civil partners of each other once each of them has signed the civil partnership schedule in the presence of—
each other,
two witnesses both of whom profess to be 16 or over, and
the registrar.
Subsection (1) applies regardless of whether subsections (3) and (4) are complied with.
After the civil partnership schedule has been signed under subsection (1), it must also be signed, in the presence of the civil partners and each other, by—
each of the two witnesses, and
the registrar.
After the witnesses and the registrar have signed the civil partnership schedule, the registrar must cause the registration of the civil partnership to be recorded as soon as practicable.
No religious service is to be used while the registrar is officiating at the signing of a civil partnership schedule.
Two people are not eligible to register as civil partners of each other if—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
either of them is already a civil partner or lawfully married,
either of them is under 16,
they are within prohibited degrees of relationship, or
either of them is incapable of understanding the nature of civil partnership.
Schedule 12 contains provisions for determining when two people are within prohibited degrees of relationship.
For two people to register as civil partners of each other under this Chapter, each of them must give the registrar a notice of proposed civil partnership (a “civil partnership notice”).
A civil partnership notice must be—
in the prescribed form, and
accompanied by the prescribed fee and such documents and other information as may be prescribed.
In prescribed cases a civil partnership notice must be given to the registrar by each party in person.
The registrar must keep a record of—
such particulars as may be prescribed, taken from each civil partnership notice received by him, and
the date on which each civil partnership notice is received by him.
In this Chapter “civil partnership notice book” means the record kept under subsection (1).
The registrar must, in accordance with any guidance issued by the Registrar General, place on public display a list containing in relation to each proposed civil partnership in respect of which the registrar has received a civil partnership notice—
the names of the proposed civil partners, and
the date on which it is intended to register them as civil partners of each other.
But the registrar must not enter the particulars relating to the civil partnership in the civil partnership notice book in a case where any of the requirements imposed by or under any of the following provisions of this Act is applicable but not complied with—
section 139A(2) to (7);
section 139B(3) or (5);
section 141 so far as that requirement relates to evidence of nationality;
paragraph 13 of Schedule 23.
Where the registrar may not enter the particulars relating to the civil partnership notice book as mentioned in subsection (2A) the parties are to be taken not to have given notice under section 139.
As soon as practicable after the date mentioned in subsection (3) the registrar must remove from the list the names and the date mentioned in that subsection.
Any person claiming that he may have reason to make an objection to a proposed civil partnership may inspect any entry relating to the civil partnership in the civil partnership notice book without charge.
This section applies to a civil partnership notice given to a registrar in accordance with section 139 if one, or each, of the parties to the proposed civil partnership is not a relevant national.
For each party to the proposed civil partnership who is not a relevant national, the notice must be accompanied by whichever of statements A, B or C is applicable to that person.
Statement A is a statement that the person has the appropriate immigration status.
Statement B is a statement that the person holds a relevant visa in respect of the proposed civil partnership.
Statement C is a statement that the person neither—
has the appropriate immigration status, nor
holds a relevant visa in respect of the proposed civil partnership.
If the notice is accompanied by the statement referred to in the first column of an entry in this table, the notice must also be accompanied by the information and photographs referred to in the second column of that entry (insofar as that entry is applicable to the parties to the proposed civil partnership)— If the notice is accompanied by this statement.... ...the notice must also be accompanied by.... Statement A (in respect of one or both of the parties to the proposed civil partnership) For each party in respect of whom statement A is made, details of the particular immigration status which that party has Statement B (in respect of one or both of the parties to the proposed civil partnership) 1. For each party, a specified photograph of that party 2. For each party in respect of whom statement B is made, details of the relevant visa which that party has Statement C (in respect of one or both of the parties to the proposed civil partnership) 1. For each party, a specified photograph of that party 2. For each party, the usual address of that party 3. For each party who has previously used any name or names other than the person’s name stated in the civil partnership notice, a statement of the other name or names 4. For each party who currently uses, or has previously used, an alias or aliases, a statement of the alias or aliases.
If the notice is accompanied by more than one of statements A, B and C, subsection (6) must be complied with in relation to each of those statements; but where the notice is accompanied by statements B and C, subsection (6) does not require the notice to be accompanied by more than one specified photograph of each party.
If the notice is accompanied by statement C for a party to the proposed civil partnership—
the notice may also be accompanied by a statement (“statement D”) of that person’s immigration position in the United Kingdom;
if the notice is accompanied by statement D for a party to the proposed civil partnership, the person may provide the registrar with details of his or her immigration position in the United Kingdom; and
if any such details are provided, the registrar must record them.
In this section “specified photograph” means a photograph that is in accordance with regulations made by the Secretary of State under section 54(2) of, and paragraph 3 of Schedule 5 to, the 2014 Act (and for this purpose “photograph” includes other kinds of images).
If a civil partnership notice to which section 139A applies (“the notice”) is accompanied by statement A (referred to in section 139A(3)), and accordingly is also accompanied by details of the particular immigration status which a party to the proposed civil partnership has, the notice must also be accompanied by specified evidence of that status.
If the notice is accompanied by statement B (referred to in section 139A(4)), the notice must also be accompanied by specified evidence of the holding of the relevant visa by the party to the proposed civil partnership.
If, in accordance with section 139A(6), the notice is accompanied by the usual address of a party to the proposed civil partnership, the notice must also be accompanied by specified evidence that it is that party’s usual address.
If the notice is accompanied by statement D (referred to in section 139A(8)), the notice may also be accompanied by evidence of the person’s immigration position in the United Kingdom.
If subsection (1) or (2) applies to the notice, and the notice is not accompanied by the specified evidence required by that subsection, the notice must be accompanied by—
photographs and addresses of the kinds referred to in paragraphs 1 and 2 in the relevant entry in section 139A(6);
as respects the usual address of each party that is provided in accordance with sub-paragraph (a), specified evidence that the address provided is that party’s usual address; and
names and aliases of the kinds referred to in paragraphs 3 and 4 in the relevant entry in section 139A(6) (insofar as those paragraphs are applicable to the parties to the proposed civil partnership).
In this section—
A registrar to whom a civil partnership notice is given may require the person giving it to provide him with specified evidence relating to each proposed civil partner.
Such a requirement may be imposed at any time before the registrar issues the civil partnership schedule under section 143.
“Specified evidence”, in relation to a person, means such evidence as may be specified in guidance issued by the Registrar General—
of the person’s name and surname,
of the person’s age,
as to whether the person is or has been a civil partner or lawfully married, and
of the person’s nationality.
Any person may at any time before the formation of a civil partnership in Northern Ireland make an objection in writing to the registrar.
An objection on the ground that one of the proposed civil partners is incapable of understanding the nature of civil partnership must be accompanied by a supporting certificate signed by a medical practitioner.
If the registrar is satisfied that the objection relates to no more than a misdescription or inaccuracy in the civil partnership notice, he must—
notify the proposed civil partners,
make such inquiries as he thinks fit, and
subject to the approval of the Registrar General, make any necessary correction to any document relating to the proposed civil partnership.
In any other case the registrar must notify the Registrar General of the objection.
If the Registrar General is satisfied that there is a legal impediment to the formation of the civil partnership, he must direct the registrar to—
notify the parties, and
take all reasonable steps to ensure that the formation of the civil partnership does not take place.
If subsection (5) does not apply, the Registrar General must direct the registrar to proceed under section 143.
For the purposes of this section and section 143 there is a legal impediment to the formation of a civil partnership where the proposed civil partners are not eligible to be registered as civil partners of each other.
A person who has submitted an objection may withdraw it at any time, but the Registrar General may have regard to an objection which has been withdrawn.
Where information and evidence accompany the civil partnership notice in accordance with sections 139A and 139B that information and evidence must also be accompanied by a declaration in writing and signed by the party who makes it that the party believes all of the information and evidence accompanying the notice to be true.
A registrar may reject— if (in particular) the registrar has reasonable grounds for suspecting that the information, photograph or evidence is false.
any information or photograph provided under section 139A or 139B,
any evidence provided under section 139B, or
any evidence relating to a party’s nationality provided in accordance with section 141,
If the registrar rejects any information, photograph or evidence, the registrar may proceed under this Act as if the rejected information, photograph or evidence had not been provided.
This section does not limit the powers of the registrar to reject anything provided under any other statutory provision.
After the registrar receives a civil partnership notice from each of the proposed civil partners, he must complete a civil partnership schedule in the prescribed form, if—
he is satisfied that there is no legal impediment to the formation of the civil partnership, or
the Registrar General has directed him under section 142(6) to proceed under this section.
The place at which two people may register as civil partners of each other must be—
a registration office, or
a place approved under subsection (3).
Subsection (1) is subject to subsections (5) and (7).
A local registration authority may, in accordance with regulations under subsection (4), approve places where civil partnerships may be registered in its district.
Regulations under section 159 may make provision for or in connection with the approval of places under subsection (3), including provision as to—
the kinds of place in respect of which approvals may be granted,
the procedure to be followed in relation to applications for approval,
the considerations to be taken into account in determining whether to approve any places,
the duration and renewal of approvals (whether for one occasion or for a period),
the conditions that must or may be imposed on granting or renewing an approval,
the determination and charging of fees in respect of[en rule]
applications for the approval of places,
the renewal of approvals, and
the attendance by registrars at places approved under the regulations,
the circumstances in which a local registration authority must or may revoke or suspend an approval or vary any of the conditions imposed in relation to an approval,
the renewal of decisions made by virtue of the regulations,
appeals to a county court from decisions made by virtue of the regulations,
the notification to the Registrar General of all approvals granted, renewed, revoked, suspended or varied,
the notification to the registrar for the district in which a place approved under the regulations is situated of all approvals relating to such a place which are granted, renewed, revoked, suspended or varied,
the keeping by the Registrar General, registrars and local registration authorities of registers of places approved under the regulations, and
the issue by the Registrar General of guidance supplementing the provision made by the regulations.
If either of the parties to a proposed civil partnership gives the registrar a medical statement, the civil partnership may, with the approval of the Registrar General, be registered at any place where that party is.
In subsection (5) “medical statement”, in relation to any person, means a statement made in the prescribed form by a registered medical practitioner that in his opinion at the time the statement is made—
by reason of serious illness or serious bodily injury, that person ought not to move or be moved from the place where he is at that time, and
it is likely that it will be the case for at least the following 3 months that by reason of illness or disability the person ought not to move or be moved from that place.
If the Registrar General so directs, a registrar must register a civil partnership in a place specified in the direction.
On every occasion when a civil partnership notice is given under section 139, a registrar must decide whether or not each of the parties to the proposed civil partnership is an exempt person.
In making a decision under subsection (1) about a party to a proposed civil partnership, a registrar may rely on any advice given in relation to that decision by the Secretary of State.
In a case where— the registrar must decide that that party to the proposed civil partnership is not an exempt person.
section 139A applies to the civil partnership notice, and
specified evidence required by section 139B(1) or (2) in relation to a party to the proposed civil partnership is not produced in accordance with that section,
If the registrar decides that either of the parties is not an exempt person, or that both of the parties are not exempt persons, the registrar must—
refer the proposed civil partnership to the Secretary of State;
notify the parties to the proposed civil partnership that the proposed civil partnership must be referred to the Secretary of State;
give the parties to the proposed civil partnership prescribed information about—
the effects of the referral;
the requirement under regulations to notify the Secretary of State of changes of address.
The registrar must act in accordance with regulations when complying with the duty in subsection (4)(a) to refer a proposed civil partnership to the Secretary of State.
If the registrar refers the proposed civil partnership to the Secretary of State, this Act has effect in relation to the proposed civil partnership subject to the modifications in Schedule 13A.
In this section—
a reference to a person being an exempt person has the same meaning as in section 49 of the 2014 Act;
“prescribed information” means information prescribed in regulations;
“regulations” means regulations made by the Secretary of State under section 54(2) of, and Schedule 5 to, the 2014 Act.
A registrar may refuse to complete a civil partnership schedule under section 143 (or where one has already been completed, may cancel it) in a case where—
notice of a proposed civil partnership has been given under section 139, and
the registrar has reasonable grounds for suspecting that a relevant decision was made incorrectly because of the provision of false information or evidence in or accompanying that notice.
If the registrar refuses to complete (or cancels) a civil partnership schedule under subsection (1), the parties to the proposed civil partnership are to be taken not to have given notice under section 139; but that does not prevent criminal proceedings from being brought against either party, or any other person, in relation to the giving of the notice.
This section does not limit the powers of the registrar to refuse to complete (or, as the case may be, cancel) a civil partnership schedule.
In this section—
The consent of the appropriate persons is required before a young person and another person may register as civil partners of each other.
Schedule 13 contains provisions—
for determining who are the appropriate persons for the purposes of this section (see Part 1 of the Schedule);
for orders dispensing with consent and for recording consents and orders (see Parts 2 and 3 of the Schedule).
Each consent required by subsection (1) must be—
in the prescribed form; and
produced to the registrar before the issue of the civil partnership schedule.
Nothing in this section affects any need to obtain the consent of the High Court before a ward of court and another person may register as civil partners of each other.
In this section and Schedule 13 “young person” means a person who is under 18.
This section applies to any legal proceedings commenced at any time after the registration of a civil partnership is recorded under section 137.
The validity of the civil partnership must not be questioned in any such proceedings on the ground of any contravention of a provision of, or made under, this Act.
Regulations under section 159 may make provision for the making of corrections by the Registrar General or any registrar.
The Registrar General must cancel the registration of a void civil partnership or direct the registrar to do so.
Subsection (4) applies in relation to a civil partnership formed in Northern Ireland before, on or after 13th January 2020 where, before the civil partnership is formed, a full gender recognition certificate has been issued under the Gender Recognition Act 2004 to either or each of the parties.
The Registrar General, after consulting the parties, may— for the purpose of reducing the risk that the recorded status of the parties in the registration of the civil partnership will disclose the issue of the gender recognition certificate or either of the certificates.
modify, or direct a registrar to modify, the recorded status of either or both of the parties in the registration of the civil partnership, or
direct a registrar to modify the way in which the status of either or both of the parties is to be recorded when registering the civil partnership,
If the registrar considers it necessary or desirable, he may use the services of an interpreter (not being one of the civil partners or a witness).
The interpreter must—
before the registration of the civil partnership, sign a statement in English that he understands, and is able to converse in, any language in respect of which he is to act as an interpreter, and
immediately after the registration of the civil partnership, give the registrar a certificate written in English and signed by the interpreter that he has faithfully acted as the interpreter.
If— the civil partnership notice given by that party must be accompanied by a statement to which subsection (2) applies.
one of the parties to a proposed civil partnership is detained in a prison or as a patient in a hospital, and
the civil partnership is to be registered in that prison or hospital,
This subsection applies to a statement which—
is made in the prescribed form by the responsible authority not more than 21 days before the date on which the civil partnership notice is given,
identifies the establishment where the person is detained, and
states that the responsible authority has no objection to that establishment being the place of registration for that civil partnership.
In subsection (2) “responsible authority” means—
if the person named in the statement is detained in a prison, the governor or other officer in charge of that prison;
if the person named in the statement is detained in a hospital or special accommodation, the Health and Social Care trust administering that hospital or the Department of Health, Social Services and Public Safety, respectively;
if the person named in the statement is detained in a private hospital, the person in charge of that hospital.
After the registrar receives a civil partnership notice accompanied by a statement to which subsection (2) applies, he must notify the Registrar General and not complete a civil partnership schedule unless the Registrar General directs him to proceed under section 143.
In this section—
“prison” includes a remand centre and a young offenders centre, and
“hospital”, “patient”, “private hospital” and “special accommodation” have the same meaning as in the Mental Health (Northern Ireland) Order 1986 (S.I. 1986/595 (N.I. 4)).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
This section applies where—
two people propose to register as civil partners of each other under Chapter 1 of Part 2, and
one of them (“A”) resides in Northern Ireland but the other (“B”) resides in England or Wales.
A may give a civil partnership notice under section 139 as if A and B intended to register as civil partners under this Chapter.
If the registrar is satisfied that there is no legal impediment (in the sense given in section 142(7)) to A registering as B’s civil partner, he must issue a certificate in the prescribed form that there is not known to be any such impediment.
But the certificate may not be issued before the expiration of such period from the date recorded under section 140(3)(b) as may be prescribed.
Any person may, at any time before a certificate is issued under subsection (3), submit to the registrar an objection in writing to its issue.
Any objection made under subsection (5) must be taken into account by the registrar in deciding whether he is satisfied that there is no legal impediment to A registering as B’s civil partner.
Each local government district shall be a registration district and the district council shall be the local registration authority for the purposes of this Part.
A district council shall, in the exercise of functions conferred on it as a local registration authority—
act as agent for the Department of Finance and Personnel, and
act in accordance with such directions as that Department may give to the council.
Any expenditure to be incurred by the district council in the exercise of functions conferred on it as a local registration authority shall be subject to the approval of the Registrar General.
The Department of Finance and Personnel shall retain or, as the case may be, defray in respect of each financial year the amount of the difference between—
the aggregate of the amounts of salaries, pension provision and other expenses payable by virtue of this Part in respect of any registration district, and
the aggregate of the amounts received in that registration district under any statutory provision or otherwise by way of fees or other expenses.
A local registration authority shall, with the approval of the Registrar General, appoint—
a registrar of civil partnerships, and
one or more deputy registrars of civil partnerships.
A person holding an appointment under subsection (1) may with the approval of, and shall at the direction of, the Registrar General be removed from his office of registrar or deputy registrar by the local registration authority.
A local registration authority shall, at the direction of the Registrar General, appoint additional persons to register civil partnerships and carry out other functions for the purposes of this Part.
A person shall not be appointed under subsection (1) or (3) if he is under the age of 21.
Regulations under section 159 may confer additional functions on a person holding an appointment under subsection (1).
A person holding an appointment under subsection (1) shall, in exercising his functions under this Part or any other statutory provision, be subject to such instructions or directions as the Registrar General may give.
If the Registrar General directs him to do so, a person must send to the Registrar General any record or document relating to civil partnerships in accordance with the Registrar General’s directions.
The Registrar General must send to the Department of Finance and Personnel an annual report of the number of civil partnerships registered during each year, together with such other information as he considers it appropriate to include.
The Department of Finance and Personnel must lay the report before the Northern Ireland Assembly.
The Registrar General must provide indexes to civil partnership registration records in his custody for inspection by the public.
A registrar must provide indexes to civil partnership registration records in his custody for inspection by the public.
Any person may, on payment of the prescribed fee—
search any index mentioned in subsection (1) or (2), and
require the Registrar General or, as the case may be, the registrar to give him a document in the prescribed form relating to the registration of a civil partnership.
The Registrar General must cause any document given by him under this section or section 156 to be stamped with the seal of the General Register Office.
Judicial notice shall be taken of any document so stamped.
Regulations under section 159 may make provision for any person to have access, on payment of the prescribed fee, to any information contained in any civil partnership registration records.
Regulations under section 159 may provide that the relevant period must have expired in relation to the information.
In subsection (7) “the relevant period” in relation to a civil partnership means the period of 75 years from the date on which the civil partnership was registered or such other period as may be prescribed.
Regulations under section 159 may provide for the Registrar General—
to make arrangements with any person for the purpose of providing access to information as mentioned in subsection (6); and
for that purpose to transfer information to that person subject to conditions (including conditions as to the making of payments by that person to the Registrar General).
Where the civil partnership of a person is required to be proved for the purposes of any prescribed statutory provision, any person— is entitled to a document in the prescribed form relating to the registration of the civil partnership of that person.
on application to the Registrar General, and
on payment of the prescribed fee,
An application under subsection (1) must be in such form and accompanied by such particulars as the Registrar General may require.
The Registrar General or any registrar may, on payment of the prescribed fee, issue such information (including a document as mentioned in subsection (1)) as may be required for the purposes of any prescribed statutory provision.
The Registrar General may notify such persons as the Registrar General considers appropriate of the registration of a civil partnership.
An application may be made in the prescribed form to the Registrar General as to persons to be notified by the Registrar General under subsection (1) by either civil partner.
The prescribed fee shall be payable to the Registrar General by the applicant.
Any notification under subsection (1) shall be subject to such conditions as the Registrar General considers appropriate.
The power conferred by subsection (1) may be exercised whether or not an application has been made under subsection (2).
The Department of Finance and Personnel may by order prescribe—
any fee which is required to be prescribed for the purposes of this Chapter;
fees for such other matters as that Department considers necessary or expedient for the purposes of this Chapter.
The power to make an order under subsection (1) is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).
An order under subsection (1) may only be made if a draft has been laid before and approved by resolution of the Northern Ireland Assembly.
Any registrar who signs a civil partnership schedule in the absence of the civil partners is guilty of an offence.
Any person who is not a registrar but officiates at the signing of a civil partnership schedule in such a way as to lead the civil partners to believe that he is a registrar is guilty of an offence.
A person who is guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding 6 months or to both.
Notwithstanding anything in Article 19(1) of the Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)) (limitation of time for taking proceedings), proceedings for an offence under this section may be instituted at any time within 3 years after the commission of the offence.
The Department of Finance and Personnel may by regulations make such provision as appears to it necessary or expedient for the registration of civil partnerships in Northern Ireland.
The power to make regulations under subsection (1) is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).
Regulations under subsection (1) shall be subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 (1954 c. 33 (N.I.))).
In this Chapter—
The court may, in accordance with this Chapter—
make an order (a “dissolution order”) which dissolves a civil partnership on the ground that it has broken down irretrievably;
make an order (a “nullity order”) which annuls a civil partnership which is void or voidable;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
make an order (a “separation order”) which provides for the separation of the civil partners.
Every dissolution order or nullity order— and any reference in this Chapter to a conditional order is to be read accordingly.
is, in the first instance, a conditional order, and
may not be made final before the end of the prescribed period (see section 162);
A nullity order made where a civil partnership is voidable annuls the civil partnership only as respects any time after the order has been made final, and the civil partnership is to be treated (despite the order) as if it had existed up to that time.
In this Chapter “the court” has the meaning given by section 188.
This Chapter is subject to section 219 and sections 228 to 232 (jurisdiction of the court).
Subject to subsection (2), the prescribed period for the purposes of section 161(2)(b) is 6 weeks from the making of the conditional order.
In a particular case the court dealing with the case may by order shorten the prescribed period.
This section applies if an application has been made for a dissolution order or nullity order.
The court may, if it thinks fit, direct that all necessary papers in the matter are to be sent to the Crown Solicitor who must under the directions of the Attorney General instruct counsel to argue before the court any question in relation to the matter which the court considers it necessary or expedient to have fully argued.
If any person at any time— gives information to the Crown Solicitor on any matter material to the due decision of the case, the Crown Solicitor may take such steps as the Attorney General considers necessary or expedient.
during the progress of the proceedings, or
before the conditional order is made final,
If the Crown Solicitor intervenes or shows cause against the making of the conditional order in any proceedings relating to its making, the court may make such order as may be just as to—
the payment by other parties to the proceedings of the costs incurred by him in doing so, or
the payment by the Crown Solicitor of any costs incurred by any of those parties because of his doing so.
In this Chapter—
This section applies if—
a conditional order has been made, and
the Crown Solicitor, or any person who has not been a party to proceedings in which the order was made, shows cause why the order should not be made final on the ground that material facts have not been brought before the court.
This section also applies if—
a conditional order has been made,
3 months have elapsed since the earliest date on which an application could have been made for the order to be made final,
no such application has been made by the civil partner who applied for the conditional order, and
the other civil partner makes an application to the court under this subsection.
The court may—
make the order final,
rescind the order,
require further inquiry, or
otherwise deal with the case as it thinks fit.
Subsection (3)(a)—
applies despite section 161(2) (period before conditional orders may be made final), but
is subject to section 172(4) (protection for respondent in separation cases) and section 186 (restrictions on making of orders affecting children).
No application for a dissolution order may be made to the court before the end of the period of 2 years from the date of the formation of the civil partnership.
Nothing in this section prevents the making of an application based on matters which occurred before the end of the 2 year period.
This section applies in relation to cases where an application is made for a dissolution or separation order.
If at any stage of proceedings for the order it appears to the court that there is a reasonable possibility of a reconciliation between the civil partners, the court may adjourn the proceedings for such period as it thinks fit to enable attempts to be made to effect a reconciliation between them.
If during any such adjournment the parties resume living with each other in the same household, no account is to be taken of the fact for the purposes of the proceedings.
The power to adjourn under subsection (2) is additional to any other power of adjournment.
This section applies to cases where—
proceedings for a dissolution or separation order are contemplated or have begun, and
an agreement or arrangement is made or proposed to be made between the civil partners which relates to, arises out of, or is connected with, the proceedings.
Rules of court may make provision for enabling—
the civil partners, or either of them, on application made either before or after the making of the application for a dissolution or separation order, to refer the agreement or arrangement to the court, and
the court—
to express an opinion, if it thinks it desirable to do so, as to the reasonableness of the agreement or arrangement, and
to give such directions, if any, in the matter as it thinks fit.
Subject to section 165, an application for a dissolution order may be made to the court by either civil partner on the ground that the civil partnership has broken down irretrievably.
On an application for a dissolution order the court must inquire, so far as it reasonably can, into—
the facts alleged by the applicant, and
any facts alleged by the respondent.
The court hearing an application for a dissolution order must not hold that the civil partnership has broken down irretrievably unless the applicant satisfies the court of one or more of the facts described in subsection (5)(a), (b), (c) or (d).
But if the court is satisfied of any of those facts, it must make a dissolution order unless it is satisfied on all the evidence that the civil partnership has not broken down irretrievably.
The facts referred to in subsections (3) and (4) are—
that the respondent has behaved in such a way that the applicant cannot reasonably be expected to live with the respondent;
that—
the applicant and the respondent have lived apart for a continuous period of at least 2 years immediately preceding the making of the application (“2 years' separation”), and
the respondent consents to a dissolution order being made;
that the applicant and the respondent have lived apart for a continuous period of at least 5 years immediately preceding the making of the application (“5 years' separation”);
that the respondent has deserted the applicant for a continuous period of at least 2 years immediately preceding the making of the application.
The court must not make a dissolution order without considering the oral testimony of the applicant unless for special reasons it orders that such testimony be dispensed with.
Subsection (2) applies if—
in any proceedings for a dissolution order the applicant alleges, in reliance on section 168(5)(a), that the respondent has behaved in such a way that the applicant cannot reasonably be expected to live with the respondent, but
after the date of the occurrence of the final incident relied on by the applicant and held by the court to support his allegation, the applicant and the respondent have lived together for a period (or periods) which does not, or which taken together do not, exceed 6 months.
The fact that the applicant and respondent have lived together as mentioned in subsection (1)(b) must be disregarded in determining, for the purposes of section 168(5)(a), whether the applicant cannot reasonably be expected to live with the respondent.
Subsection (4) applies in relation to cases where the applicant alleges, in reliance on section 168(5)(b), that the respondent consents to a dissolution order being made.
Rules of court must make provision for the purpose of ensuring that the respondent has been given such information as will enable him to understand—
the consequences to him of consenting to the order, and
the steps which he must take to indicate his consent.
For the purposes of section 168(5)(d) the court may treat a period of desertion as having continued at a time when the deserting civil partner was incapable of continuing the necessary intention, if the evidence before the court is such that, had he not been so incapable, the court would have inferred that the desertion continued at that time.
In considering for the purposes of section 168(5) whether the period for which the civil partners have lived apart or the period for which the respondent has deserted the applicant has been continuous, no account is to be taken of— during which the civil partners resumed living together.
any one period not exceeding 6 months, or
any two or more periods not exceeding 6 months in all,
But no period during which the civil partners have lived with each other counts as part of the period during which the civil partners have lived apart or as part of the period of desertion.
For the purposes of section 168(5)(b) and (c) and this section civil partners are to be treated as living apart unless they are living with each other in the same household, and references in this section to civil partners living with each other are to be read as references to their living with each other in the same household.
Subsections (2) and (3) apply if any of the following orders has been made in relation to a civil partnership—
a separation order;
an order under Schedule 16 (financial relief in court of summary jurisdiction etc.);
an occupation order under Article 11 of the Family Homes and Domestic Violence (Northern Ireland) Order 1998 (S.I. 1998/1071 (N.I. 6) (occupation orders));
an order under Article 15 of that Order (orders where neither civil partner entitled to occupy the home).
Nothing prevents— on the same facts, or substantially the same facts, as those proved in support of the making of the order referred to in subsection (1).
either civil partner from applying for a dissolution order, or
the court from making a dissolution order,
On the application for the dissolution order, the court—
may treat the order referred to in subsection (1) as sufficient proof of any desertion or other fact by reference to which it was made, but
must not make the dissolution order without receiving evidence from the applicant.
If— the period of desertion is to be treated for the purposes of the application for the dissolution order as if it had immediately preceded the making of the application.
the application for the dissolution order follows a separation order or any order requiring the civil partners to live apart,
there was a period of desertion immediately preceding the institution of the proceedings for the separation order, and
the civil partners have not resumed living together and the separation order has been continuously in force since it was made,
For the purposes of section 168(5)(d) the court may treat as a period during which the respondent has deserted the applicant any period during which there is in force—
an injunction granted by the High Court or a county court which excludes the respondent from the civil partnership home, or
an order under Article 11 or 15 of the Family Homes and Domestic Violence (Northern Ireland) Order 1998 (S.I. 1998/1071 (N.I. 6)) which prohibits the respondent from occupying a dwelling-house in which the applicant and the respondent have, or at any time have had, a civil partnership home.
The respondent to an application for a dissolution order in which the applicant alleges 5 years' separation may oppose the making of an order on the ground that—
the dissolution of the civil partnership will result in grave financial or other hardship to him, and
it would in all the circumstances be wrong to dissolve the civil partnership.
Subsection (3) applies if—
the making of a dissolution order is opposed under this section,
the court finds that the applicant is entitled to rely in support of his application on the fact of 5 years' separation and makes no such finding as to any other fact mentioned in section 168(5), and
apart from this section, the court would make a dissolution order.
The court must—
consider all the circumstances, including the conduct of the civil partners and the interests of the civil partners and of any children or other persons concerned, and
if it is of the opinion that the ground mentioned in subsection (1) is made out, dismiss the application for the dissolution order.
“Hardship” includes the loss of the chance of acquiring any benefit which the respondent might acquire if the civil partnership were not dissolved.
The court may, on an application made by the respondent, rescind a conditional dissolution order if—
it made the order on the basis of a finding that the applicant was entitled to rely on the fact of 2 years' separation coupled with the respondent’s consent to a dissolution order being made,
it made no such finding as to any other fact mentioned in section 168(5), and
it is satisfied that the applicant misled the respondent (whether intentionally or unintentionally) about any matter which the respondent took into account in deciding to give his consent.
Subsections (3) to (5) apply if—
the respondent to an application for a dissolution order in which the applicant alleged— has applied to the court for consideration under subsection (3) of his financial position after the dissolution of the civil partnership, and
2 years' separation coupled with the respondent’s consent to a dissolution order being made, or
5 years' separation,
the court—
has made a conditional dissolution order on the basis of a finding that the applicant was entitled to rely in support of his application on the fact of 2 years' or 5 years' separation, and
has made no such finding as to any other fact mentioned in section 168(5).
The court hearing an application by the respondent under subsection (2) must consider all the circumstances, including—
the age, health, conduct, earning capacity, financial resources and financial obligations of each of the parties, and
the financial position of the respondent as, having regard to the dissolution, it is likely to be after the death of the applicant should the applicant die first.
The court must not make the order final unless it has, by order, declared that it is satisfied that—
the applicant should not be required to make any financial provision for the respondent,
the financial provision made by the applicant for the respondent is—
reasonable and fair, or
the best that can be made in the circumstances, or
there are circumstances making it desirable that the order should be made final without delay.
The court must not make an order declaring that it is satisfied as mentioned in subsection (4)(c) unless it has obtained a satisfactory undertaking from the applicant that he will bring the question of financial provision for the respondent before the court within a specified time.
Subsection (7) applies if, following an application under subsection (2) which is not withdrawn, the court makes the order final without making an order under subsection (4).
The final order is voidable at the instance of the respondent or of the court but no person is entitled to challenge the validity of the order after it is made final on the ground that subsections (4) and (5) were not satisfied.
If the court refuses to make an order under subsection (4), it must, on an application by the applicant, make an order declaring that it is not satisfied as mentioned in that subsection.
at the time when they do so, they are not eligible to register as civil partners of each other under Chapter 1 (see section 138), or
Where two people register as civil partners of each other in Northern Ireland, the civil partnership is void if—
Subsection (3) applies in the case of a civil partnership which results from the conversion, or purported conversion, of a marriage into a civil partnership under Part 3, 4 or 5 of the Marriage and Civil Partnership (Northern Ireland) (No. 2) Regulations 2020.
at the time when they do so they both know—
that due notice of proposed civil partnership has not been given,
that the civil partnership schedule has not been duly issued,
that the place of registration is a place other than that specified in the civil partnership schedule, or
that a registrar is not present.
The civil partnership is void if (but only if) the marriage was void.
Where two people register as civil partners of each other in Northern Ireland, the civil partnership is voidable if—
either of them did not validly consent to its formation (whether as a result of duress, mistake, unsoundness of mind or otherwise);
at the time of its formation either of them, though capable of giving a valid consent, was suffering (whether continuously or intermittently) from mental disorder of such a kind or to such an extent as to be unfitted for civil partnership;
at the time of its formation, the respondent was pregnant by some person other than the applicant;
an interim gender recognition certificate under the Gender Recognition Act 2004 (c. 7) has, after the time of its formation, been issued to either civil partner;
the respondent is a person whose gender at the time of its formation had become the acquired gender under the 2004 Act.
In this section and section 175 “mental disorder” has the same meaning as in the Mental Health (Northern Ireland) Order 1986 (S.I. 1986/595 (N.I. 4)).
The court must not make a nullity order on the ground that a civil partnership is voidable if the respondent satisfies the court—
that the applicant, with knowledge that it was open to him to obtain a nullity order, conducted himself in relation to the respondent in such a way as to lead the respondent reasonably to believe that he would not seek to do so, and
that it would be unjust to the respondent to make the order.
Without prejudice to subsection (1), the court must not make a nullity order by virtue of section 174(1)(a), (b), (c) or (e) unless—
it is satisfied that proceedings were instituted within 3 years from the date of the formation of the civil partnership, or
leave for the institution of proceedings after the end of that 3 year period has been granted under subsection (3).
A judge of the court may, on an application made to him, grant leave for the institution of proceedings if he—
is satisfied that the applicant has at some time during the 3 year period suffered from mental disorder, and
considers that in all the circumstances of the case it would be just to grant leave for the institution of proceedings.
An application for leave under subsection (3) may be made after the end of the 3 year period.
Without prejudice to subsection (1), the court must not make a nullity order by virtue of section 174(1)(d) unless it is satisfied that proceedings were instituted within the period of 6 months from the date of issue of the interim gender recognition certificate.
Without prejudice to subsections (1) and (2), the court must not make a nullity order by virtue of section 174(1)(c) or (e) unless it is satisfied that the applicant was at the time of the formation of the civil partnership ignorant of the facts alleged.
Subsections (2) and (3) apply in the case of a civil partnership which results from the conversion of a marriage into a civil partnership under Part 3, 4 or 5 of the Marriage and Civil Partnership (Northern Ireland) (No. 2) Regulations 2020.
Section 174(1) applies in relation to the civil partnership, but does so as if—
the reference in paragraph (a) to either party not validly consenting to the formation of the civil partnership were a reference to either party not validly consenting to the marriage, and
a reference in paragraphs (b) to (e) to the time of the civil partnership’s formation were a reference to the time of the marriage.
Section 175 applies in relation to the civil partnership as if—
the reference in subsection (1)(a) to obtaining a nullity order were a reference to obtaining a nullity order or (at times before the conversion) to having the marriage avoided,
the reference in subsection (2) to the date of the formation of the civil partnership were a reference to the date of the marriage, and
the reference in subsection (6) to the time of the formation of the civil partnership were a reference to the time of the marriage.
Where two people have registered as civil partners of each other in Northern Ireland, it is not necessary in support of the civil partnership to give any proof— and no evidence is to be given to prove the contrary in any proceedings touching the validity of the civil partnership.
that any person whose consent to the civil partnership was required by section 145 (parental etc. consent) had given his consent;
that the registrar was properly appointed under section 152;
that, in the case of a civil partnership to which Schedule 13A applied, any of the events listed in paragraph 2(2) to (6) of that Schedule occurred;
Where two people register as civil partners of each other in England or Wales, the civil partnership is—
void, if it would be void in England and Wales under section 49, and
voidable, if the circumstances fall within any paragraph of section 174(1).
Where two people register as civil partners of each other in Scotland, the civil partnership is—
void, if it would be void in Scotland under section 123, and
voidable, if the circumstances fall within section 174(1)(d).
Subsection (4) applies where two people register as civil partners of each other under an Order in Council under— (“the relevant section”).
section 210 (registration at British consulates etc.), or
section 211 (registration by armed forces personnel),
The civil partnership is—
void, if—
the condition in subsection (2)(a) or (b) of the relevant section is not met, or
a requirement prescribed for the purposes of this paragraph by an Order in Council under the relevant section is not complied with, and
voidable, if—
the appropriate part of the United Kingdom is Northern Ireland or England and Wales and the circumstances fall within any paragraph of section 174(1), or
the appropriate part of the United Kingdom is Scotland and the circumstances fall within section 174(1)(d).
The appropriate part of the United Kingdom is the part by reference to which the condition in subsection (2)(b) of the relevant section is met.
Subsections (7) and (8) apply where two people have registered an apparent or alleged overseas relationship.
The civil partnership is void if—
the relationship is not an overseas relationship, or
(even though the relationship is an overseas relationship) the parties are not treated under Chapter 2 of Part 5 as having formed a civil partnership.
The civil partnership is voidable if—
the overseas relationship is voidable under the relevant law,
the circumstances fall within section 174(1)(d), or
where either of the parties was domiciled in Northern Ireland or England and Wales at the time when the overseas relationship was registered, the circumstances fall within section 174(1)(a), (b), (c) or (e).
Section 175 applies for the purposes of—
subsections (1)(b), (2)(b) and (4)(b),
subsection (8)(a), in so far as applicable in accordance with the relevant law, and
subsection (8)(b) and (c).
In subsections (8)(a) and (9)(b) “the relevant law” means the law of the country or territory where the overseas relationship was registered (including its rules of private international law).
For the purposes of subsections (8) and (9)(b) and (c), references in sections 174 and 175 to the formation of a civil partnership are to be read as references to the registration of the overseas relationship.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The High Court may, on an application made by a civil partner, make a presumption of death order if it is satisfied that reasonable grounds exist for supposing that the other civil partner is dead.
In any proceedings under this section the fact that— is evidence that the other civil partner is dead until the contrary is proved.
for a period of 7 years or more the other civil partner has been continually absent from the applicant, and
the applicant has no reason to believe that the other civil partner has been living within that time,
An application for a separation order may be made to the court by either civil partner on the ground that any such fact as is mentioned in section 168(5)(a), (b), (c) or (d) exists.
On an application for a separation order the court must inquire, so far as it reasonably can, into— but whether the civil partnership has broken down irretrievably is irrelevant.
the facts alleged by the applicant, and
any facts alleged by the respondent,
If the court is satisfied on the evidence of any such fact as is mentioned in section 168(5)(a), (b), (c) or (d) it must, subject to section 186, make a separation order.
Section 169 (supplemental provisions as to facts raising presumption of breakdown) applies for the purposes of an application for a separation order alleging any such fact as it applies in relation to an application for a dissolution order alleging that fact.
If either civil partner dies intestate as respects all or any of his or her real or personal property while— the property as respects which he or she died intestate devolves as if the other civil partner had then been dead.
a separation order is in force, and
the separation order is continuing,
Any person may apply to the court for one or more of the following declarations in relation to a civil partnership specified in the application—
a declaration that the civil partnership was at its inception a valid civil partnership;
a declaration that the civil partnership subsisted on a date specified in the application;
a declaration that the civil partnership did not subsist on a date so specified;
a declaration that the validity of a dissolution, annulment or legal separation obtained in any country outside Northern Ireland in respect of the civil partnership is entitled to recognition in Northern Ireland;
a declaration that the validity of a dissolution, annulment or legal separation so obtained in respect of the civil partnership is not entitled to recognition in Northern Ireland.
Where an application under subsection (1) is made to the court by a person other than a civil partner in the civil partnership to which the application relates, the court must refuse to hear the application if it considers that the applicant does not have a sufficient interest in the determination of that application.
Where on an application for a declaration under section 181 the truth of the proposition to be declared is proved to the satisfaction of the court, the court must make the declaration unless to do so would be manifestly contrary to public policy.
Any declaration under section 181 binds Her Majesty and all other persons.
The court, on the dismissal of an application for a declaration under section 181, may not make any declaration for which an application has not been made.
No declaration which may be applied for under section 181 may be made otherwise than under section 181 by any court.
No declaration may be made by any court, whether under section 181 or otherwise, that a civil partnership was at its inception void.
Nothing in this section affects the powers of any court to annul a civil partnership.
On an application for a declaration under section 181 the court may at any stage of the proceedings, of its own motion or on the application of any party to the proceedings, direct that all necessary papers in the matter be sent to the Attorney General.
The Attorney General, whether or not he is sent papers in relation to an application for a declaration under section 181, may—
intervene in the proceedings on that application in such manner as he thinks necessary or expedient, and
argue before the court any question in relation to the application which the court considers it necessary to have fully argued.
Where any costs are incurred by the Attorney General in connection with any application for a declaration under section 181, the court may make such order as it considers just as to the payment of those costs by parties to the proceedings.
Any declaration made under section 181, and any application for such a declaration, must be in the form prescribed by family proceedings rules.
Family proceedings rules may make provision—
as to the information required to be given by any applicant for a declaration under section 181;
requiring notice of an application under section 181 to be served on the Attorney General and on persons who may be affected by any declaration applied for.
No proceedings under section 181 affects any final judgment or order already pronounced or made by any court of competent jurisdiction.
The court hearing an application under section 181 may direct that the whole or any part of the proceedings must be heard in private.
An application for a direction under subsection (4) must be heard in private unless the court otherwise directs.
Family proceedings rules must make provision for an appeal to the Court of Appeal from any declaration made by a county court under section 181 or from the dismissal of an application under that section, upon a point of law, a question of fact or the admission or rejection of any evidence.
Subsection (6) does not affect Article 61 of the County Courts (Northern Ireland) Order 1980 (S.I. 1980/397 (N.I. 3)) (cases stated).
In this section “family proceedings rules” means family proceedings rules made under Article 12 of the Family Law (Northern Ireland) Order 1993 (S.I. 1993/1576 (N.I. 6)).
If in any proceedings for a dissolution or separation order the respondent alleges and proves any such fact as is mentioned in section 168(5)(a), (b), (c) or (d) the court may give to the respondent the relief to which he would have been entitled if he had made an application seeking that relief.
When applying subsection (1), treat— for the purposes of section 168(5).
the respondent as the applicant, and
the applicant as the respondent,
In any proceedings for a dissolution, nullity or separation order, the court must consider—
whether there are any children of the family to whom this section applies, and
if there are any such children, whether (in the light of the arrangements which have been, or are proposed to be, made for their upbringing and welfare) it should exercise any of its powers under the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2)) with respect to any of them.
If, in any case to which this section applies, it appears to the court that— it may direct that the order is not to be made final, or (in the case of a separation order) is not to be made, until the court orders otherwise.
the circumstances of the case require it, or are likely to require it, to exercise any of its powers under the 1995 Order with respect to any such child,
it is not in a position to exercise the power or (as the case may be) those powers without giving further consideration to the case, and
there are exceptional circumstances which make it desirable in the interests of the child that the court should give a direction under this section,
This section applies to—
any child of the family who has not reached 16 at the date when the court considers the case in accordance with the requirements of this section, and
any child of the family who has reached 16 at that date and in relation to whom the court directs that this section shall apply.
Rules of court may make provision with respect to—
the joinder as parties to proceedings under sections 161 to 179 of persons involved in allegations of improper conduct made in those proceedings,
the dismissal from such proceedings of any parties so joined, and
the persons who are to be parties to proceedings on an application under section 181.
Rules of court made under this section may make different provision for different cases.
In every case in which the court considers, in the interest of a person not already a party to the proceedings, that the person should be made a party, the court may if it thinks fit allow the person to intervene upon such terms, if any, as the court thinks just.
In this Chapter “the court” means—
the High Court, or
a county court.
Subsection (1) is subject to the following provisions of this section.
Subsection (1) does not apply where the context shows that “the court” means some particular court.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
partly in that court and partly in another, or
in another.
Any jurisdiction conferred on a county court is exercisable even though by reason of any amount claimed the jurisdiction would not but for this subsection be exercisable by a county court.
The jurisdiction of a ... county court to exercise any power under Schedule 15 (except a power under Part 8 of or paragraph 62 of that Schedule or a power under paragraph 57, 58 or 66 of that Schedule ...) shall, except to the extent that rules of court otherwise permit and, in particular, without prejudice to section 190(4) and (6), be exercisable only in connection with an application or order pending in or made by such a court.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Rules of court shall make provision for an appeal upon a point of law, a question of fact or the admission or rejection of any evidence to the Court of Appeal from—
any order made by a judge of a ... county court in the exercise of the jurisdiction conferred by a relevant provision, or
the dismissal by a judge of a ... county court of any application under a relevant provision.
“Relevant provision” means any provision of—
this Chapter or Schedule 15 (except paragraphs 56 to 58 and 66);
the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2)).
A person dissatisfied with— is entitled to appeal from the order or dismissal as if the order or dismissal had been made in exercise of the jurisdiction conferred by Part 3 of the County Courts (Northern Ireland) Order 1980 (S.I. 1980/397 (N.I. 3)) and the appeal brought under Part 6 of that Order and Articles 61 (cases stated by county court judge) and 62 (cases stated by High Court on appeal from county court) of that Order apply accordingly.
an order made by any county court in exercise of the jurisdiction conferred by paragraph 57, 58 or 66 of Schedule 15, or
with the dismissal of any application made by him under any of those paragraphs,
This section applies if an order is made under section 188.
Rules of court—
must provide for the transfer to the High Court—
of any civil partnership cause pending in a county court which ceases to be undefended, and
of any civil partnership cause so pending, where the transfer appears to the county court to be desirable;
may provide for the transfer to the High Court of any civil partnership cause which remains undefended;
may provide for the transfer or retransfer from the High Court to a county court of any civil partnership cause which is, or again becomes, undefended;
must define the circumstances in which any civil partnership cause is to be treated for the purposes of this subsection as undefended.
“Civil partnership cause” means an action for the dissolution or annulment of a civil partnership or for the legal separation of civil partners.
Rules of court may provide for the transfer or retransfer— of any proceedings for the exercise of a power under this Chapter or Schedule 15 (except proceedings on an application under paragraph 57, 58 or 66).
from a civil partnership proceedings county court to the High Court, or
from the High Court to a civil partnership proceedings county court,
The power conferred by subsections (2) and (4) includes power to provide for the removal of proceedings at the direction of the High Court; but nothing in this section affects—
any other power of the High Court to remove proceedings to that court from a county court, or
any power to remit proceedings from that court to a county court.
A court has jurisdiction to entertain any proceedings transferred to the court by virtue of rules made in pursuance of subsection (4).
In any question between the civil partners in a civil partnership as to title to or possession of property, either civil partner may apply by summons or otherwise in a summary way to—
the High Court, or
a county court.
On such an application, the court may make such order with respect to the property as it thinks fit (including an order for the sale of the property).
Rules of court made for the purposes of this section may confer jurisdiction on county courts whatever the situation or value of the property in dispute.
The right of a civil partner (“A”) to make an application under section 191 includes the right to make such an application where A claims that the other civil partner (“B”) has had in his possession or under his control— and that either the money or other property has ceased to be in B’s possession or under B’s control or that A does not know whether it is still in B’s possession or under B’s control.
money to which, or to a share of which, A was beneficially entitled, or
property (other than money) to which, or to an interest in which, A was beneficially entitled,
For the purposes of subsection (1)(a) it does not matter whether A is beneficially entitled to the money or share—
because it represents the proceeds of property to which, or to an interest in which, A was beneficially entitled, or
for any other reason.
Subsections (4) and (5) apply if, on such an application being made, the court is satisfied that B—
has had in his possession or under his control money or other property as mentioned in subsection (1)(a) or (b), and
has not made to A, in respect of that money or other property, such payment or disposition as would have been just and equitable in the circumstances.
The power of the court to make orders under section 191 includes power to order B to pay to A—
in a case falling within subsection (1)(a), such sum in respect of the money to which the application relates, or A’s share of it, as the court considers appropriate, or
in a case falling within subsection (1)(b), such sum in respect of the value of the property to which the application relates, or A’s interest in it, as the court considers appropriate.
If it appears to the court that there is any property which— the court may (either instead of or as well as making an order in accordance with subsection (4)) make any order which it could (apart from this section) have made under section 191.
represents the whole or part of the money or property, and
is property in respect of which an order could (apart from this section) have been made under section 191,
Any power of the court which is exercisable on an application under section 191 is exercisable in relation to an application made under that section as extended by this section.
Where a civil partnership has been dissolved or annulled or is void (whether or not it has been annulled), either party may make an application under section 191 (or under that section as extended by section 192) and references in those sections to a civil partner are to be read accordingly.
An application under subsection (1) must—
where the civil partnership has been dissolved or annulled, be made within the period of 3 years beginning with the date of the dissolution or annulment, and
where a civil partnership is void but has not been annulled and the parties have ceased to live together in the same household, be made within the period of 3 years beginning with the date on which they ceased so to live together.
Section 4 of the Law Reform (Husband and Wife) Act (Northern Ireland) 1964 (c. 23 (N.I.)) (money payable under policy of life assurance or endowment not to form part of the estate of the insured) applies in relation to a policy of life assurance or endowment— as it applies in relation to a policy of life assurance or endowment effected by a husband and expressed to be for the benefit of his wife, or of his children, or of his wife and children, or of any of them.
effected by a civil partner on his own life, and
expressed to be for the benefit of his civil partner, or of his children, or of his civil partner and children, or any of them,
Schedule 14 amends enactments relating to wills, administration of estates and family provision so that they apply in relation to civil partnerships as they apply in relation to marriage.
Schedule 15 makes provision for financial relief in connection with civil partnerships that corresponds to the provision made for financial relief in connection with marriages by Part 3 of the Matrimonial Causes (Northern Ireland) Order 1978 (S.I. 1978/1045 (N.I. 15)).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Schedule 16 makes provision for financial relief in connection with civil partnerships that corresponds to provision made for financial relief in connection with marriages by the Domestic Proceedings (Northern Ireland) Order 1980 (S.I. 1980/563 (N.I. 5)).
Schedule 17 makes provision for financial relief in Northern Ireland after a civil partnership has been dissolved or annulled, or civil partners have been legally separated, in a country outside the British Islands.
A civil partnership agreement does not under the law of Northern Ireland have effect as a contract giving rise to legal rights.
No action lies in Northern Ireland for breach of a civil partnership agreement, whatever the law applicable to the agreement.
In this section and section 198 “civil partnership agreement” means an agreement between two people—
to register as civil partners of each other—
in Northern Ireland (under Part 4),
in England and Wales (under Part 2),
in Scotland (under Part 3), or
outside the United Kingdom under an Order in Council made under Chapter 1 of Part 5 (registration at British consulates etc. or by armed forces personnel), or
to enter into an overseas relationship.
This section applies in relation to civil partnership agreements whether entered into before or after this section comes into force, but does not affect any action commenced before it comes into force.
This section applies if a civil partnership agreement is terminated.
Sections 191 and 192 (disputes between civil partners about property) apply to any dispute between, or claim by, one of the parties in relation to property in which either or both had a beneficial interest while the agreement was in force, as if the parties were civil partners of each other.
An application made under section 191 or 192 by virtue of subsection (2) must be made within 3 years of the termination of the agreement.
A party to a civil partnership agreement who makes a gift of property to the other party on the condition (express or implied) that it is to be returned if the agreement is terminated is not prevented from recovering the property merely because of his having terminated the agreement.
Amend the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2)) (“the 1995 Order”) as follows.
In Article 2(2) (interpretation), for the definition of “child of the family” in relation to the parties to a marriage, substitute—
In the definition of “relative” in Article 2(2), for “by affinity)” substitute “ by marriage or civil partnership) ”.
In Article 7(1C) (acquisition of parental responsibility by step-parent), after “is married to” insert “ , or a civil partner of, ”.
In Article 161 of the 1995 Order (revocation of appointment), after paragraph (7) insert—
In Article 10(5) of the 1995 Order (persons entitled to apply for residence or contact order), after sub-paragraph (a) insert—.
Amend Schedule 1 to the 1995 Order (financial provision for children) as follows.
For paragraph 1(2) (extended meaning of “parent”) substitute—
In paragraph 3(6) (meaning of “periodical payments order”), after paragraph (d) insert—.
In paragraph 17(2) (person with whom a child lives or is to live), after “husband or wife” insert “ or civil partner ”.
Amend the Adoption (Northern Ireland) Order 1987 (S.I. 1987/2203 (N.I. 22)) as follows.
In Article 2 (interpretation), in the definition of “relative” in paragraph (2), for “affinity” substitute “ marriage or civil partnership ”.
In Article 12 (adoption orders), in paragraph (5), after “married” insert “ or who is or has been a civil partner ”.
In Article 15 (adoption by one person), in paragraph (1)(a), after “is not married” insert “ or a civil partner ”.
In Article 33 (meaning of “protected child”), in paragraph (3)(g), after “marriage” insert “ or forming a civil partnership ”.
In Article 40 (status conferred by adoption), in paragraph (3)(a), after “1984” insert “ or for the purposes of Schedule 12 to the Civil Partnership Act 2004 ”.
In Article 54 (disclosure of birth records of adopted children), in paragraph (2)—
after “intending to be married” insert “ or to form a civil partnership ”;
for “the person whom he intends to marry” substitute “ the intended spouse or civil partner ”;
after “1984” insert “ or Schedule 12 to the Civil Partnership Act 2004 ”.
In Article 54A (Adoption Contact Register), in paragraph (13)(a), for “or marriage” substitute “ , marriage or civil partnership ”.
Amend Article 8 of the Perjury (Northern Ireland) Order 1979 (S.I. 1979/1714 (N.I. 19)) (false statements etc. with reference to marriage) as follows.
After paragraph (1) insert—
In paragraph (2), after “paragraph (1)” insert “ or (1A) ”.
In the heading to Article 8, after “marriage” insert “ or civil partnership ”.
Schedule 18 amends certain enactments relating to housing and tenancies.
Schedule 19 amends the Family Homes and Domestic Violence (Northern Ireland) Order 1998 (S.I. 1998/1071 (N.I. 6)) and related enactments so that they apply in relation to civil partnerships as they apply in relation to marriages.
Amend the Fatal Accidents (Northern Ireland) Order 1977 (S.I. 1977/1251 (N.I. 18)) as follows.
In Article 2(2) (meaning of “dependant”), after sub-paragraph (a) insert—.
In sub-paragraph (b)(iii) of Article 2(2), after “wife” insert “ or civil partner ”.
After sub-paragraph (f) of Article 2(2) insert—.
After Article 2(2A) insert—
In Article 2(3)(b), for “by affinity” substitute “ by marriage or civil partnership ”.
In Article 3A(2) (persons for whose benefit claim for bereavement damages may be made)—
in sub-paragraph (a), after “wife or husband” insert “ or civil partner ”, and
in sub-paragraph (b), after “was never married” insert “ or a civil partner ”.
In Article 5 (assessment of damages), in paragraph (3A), after “wife” insert “ or civil partner ”.
Any enactment or rule of law relating to the giving of evidence by a spouse applies in relation to a civil partner as it applies in relation to the spouse.
Subsection (1) is subject to any specific amendment made by or under this Act which relates to the giving of evidence by a civil partner.
For the avoidance of doubt, in any such amendment, references to a person’s civil partner do not include a former civil partner.
References in subsections (1) and (2) to giving evidence are to giving evidence in any way (whether by supplying information, making discovery, producing documents or otherwise).
Any rule of law— is to be treated as applying in an equivalent way for the purpose of proving or disproving the existence of a civil partnership.
which is preserved by Article 22(1) of the Criminal Justice (Evidence) (Northern Ireland) Order 2004 (S.I. 2004/1501 (N.I. 10)), and
under which in any proceedings evidence of reputation or family tradition is admissible for the purpose of proving or disproving the existence of a marriage,
Section 1 of the Matrimonial Causes (Reports) Act (Northern Ireland) 1966 (c. 29 (N.I.)) (restriction on publication of reports of proceedings) shall extend to proceedings—
for the dissolution or annulment of a civil partnership or for the legal separation of civil partners,
under section 181,
under Part 8 of Schedule 15, or
under Part 10 of Schedule 15 in relation to an order under Part 8 of that Schedule.
Her Majesty may by Order in Council make provision for two people to register as civil partners of each other— in cases where the officer is satisfied that the conditions in subsection (2) are met.
in prescribed countries or territories outside the United Kingdom, and
in the presence of a registration officer ,
The conditions are that—
at least one of the proposed civil partners is a United Kingdom national,
the proposed civil partners would have been eligible to register as civil partners of each other in such part of the United Kingdom as is determined in accordance with the Order,
the authorities of the country or territory in which it is proposed that they register as civil partners will not object to the registration, and
insufficient facilities exist for them to enter into an overseas relationship under the law of that country or territory.
A registration officer is not required to allow two people to register as civil partners of each other if in his opinion the formation of a civil partnership between them would be inconsistent with international law or the comity of nations.
An Order in Council under this section may make provision for appeals against a refusal, in reliance on subsection (3), to allow two people to register as civil partners of each other.
An Order in Council under this section may provide that two people who register as civil partners of each other under such an Order are to be treated for the purposes of sections 221(1)(c)(i) and (2)(c)(i), 222(c), 224(b), 225(1)(c)(i) and (3)(c)(i), 229(1)(c)(i) and (2)(c)(i) and section 232(b) and section 1(3)(c)(i) of the Presumption of Death (Scotland) Act 1977 (c. 27) as if they had done so in the part of the United Kingdom determined as mentioned in subsection (2)(b).
“Registration officer” means—
a consular officer in the service of Her Majesty’s government in the United Kingdom, or
in the case of registration in a country or territory in which Her Majesty’s government in the United Kingdom has for the time being no consular representative, a person authorised by the Secretary of State in respect of registration of civil partnerships in that country or territory .
Her Majesty may by Order in Council make provision for two people to register as civil partners of each other— in cases where the officer is satisfied that the conditions in subsection (2) are met.
in prescribed countries or territories outside the United Kingdom, and
in the presence of an officer appointed by virtue of the Registration of Births, Deaths and Marriages (Special Provisions) Act 1957 (c. 58),
The conditions are that—
at least one of the proposed civil partners—
is a member of a part of Her Majesty’s forces serving in the country or territory,
is employed in the country or territory in such other capacity as may be prescribed, or
is a child of a person falling within sub-paragraph (i) or (ii) and has his home with that person in that country or territory,
the proposed civil partners would have been eligible to register as civil partners of each other in such part of the United Kingdom as is determined in accordance with the Order, and
such other requirements as may be prescribed are complied with.
In determining for the purposes of subsection (2) 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— is to be regarded as the other’s child.
a marriage to which the other is or was a party, or
a civil partnership in which the other is or was a civil partner,
An Order in Council under this section may provide that two people who register as civil partners of each other under such an Order are to be treated for the purposes of section 221(1)(c)(i) and (2)(c)(i), 222(c), 224(b), 225(1)(c)(i) and (3)(c)(i), 229(1)(c)(i) and (2)(c)(i) and section 232(b) and section 1(3)(c)(i) of the Presumption of Death (Scotland) Act 1977 (c. 27) as if they had done so in the part of the United Kingdom determined in accordance with subsection (2)(b).
Any references in this section— include references to ships which are for the time being in the waters of a country or territory outside the United Kingdom, to forces serving in any such ship and to persons employed in any such ship.
to a country or territory outside the United Kingdom,
to forces serving in such a country or territory, and
to persons employed in such a country or territory,
For the purposes of this Act an overseas relationship is a relationship which—
is either a specified relationship or a relationship which meets the general conditions, and
is registered (whether before or after the passing of this Act) with a responsible authority in a country or territory outside the United Kingdom, by two people—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
neither of whom is already a civil partner or lawfully married.
In this Chapter, “the relevant law” means the law of the country or territory where the relationship is registered (including its rules of private international law).
But, for the purposes of the application of this Act to England and Wales or to Northern Ireland, marriage is not an overseas relationship.
A specified relationship is a relationship which is specified for the purposes of section 212 —
in the case of a relationship registered by two people who under the relevant law are of the same sex when the relationship is registered, by Part 1 of Schedule 20,
in the case of a relationship registered by two people who under the relevant law are not of the same sex when the relationship is registered, by Part 2 of Schedule 20.
The Secretary of State may by order amend Part 1 of Schedule 20 by—
adding a relationship,
amending the description of a relationship, or
omitting a relationship.
No order may be made under this section amending Part 1 of Schedule 20 without the consent of the Scottish Ministers and the Department of Finance and Personnel.
The power to make an order under this section is exercisable by statutory instrument.
No order may be made under this section amending Part 2 of Schedule 20 without the consent of the Department of Finance.
An order which contains any provision (whether alone or with other provisions) amending Part 1 of Schedule 20 by— may not be made unless a draft of the statutory instrument containing the order is laid before, and approved by a resolution of, each House of Parliament.
amending the description of a relationship, or
omitting a relationship,
A statutory instrument containing any other order under this section amending Part 1 of Schedule 20 is subject to annulment in pursuance of a resolution of either House of Parliament.
The Scottish Ministers may by regulations amend Part 2 of Schedule 20 by—
adding a relationship,
amending the description of a relationship,
omitting a relationship.
Regulations under subsection (7)—
amending the description of a relationship or omitting a relationship, are subject to the affirmative procedure,
adding a relationship, are subject to the negative procedure.
The general conditions are that, under the relevant law—
the relationship may not be entered into if either of the parties is already a party to a relationship of that kind or lawfully married,
the relationship is of indeterminate duration, and
the effect of entering into it is that the parties are—
treated as a couple either generally or for specified purposes, but are not treated as marriedor
treated as married.
the relationship is not one of marriage,
Two people are to be treated as having formed a civil partnership as a result of having registered an overseas relationship if, under the relevant law, they—
had capacity to enter into the relationship, and
met all requirements necessary to ensure the formal validity of the relationship.
Subject to subsections (3) and (5F) subsections (3) and (5B) subsections (3) and (3A), the time when they are to be treated as having formed the civil partnership is the time when the overseas relationship is registered (under the relevant law) as having been entered into.
If the overseas relationship is registered (under the relevant law) as having been entered into before this section comes into force, the time when they are to be treated as having formed a civil partnership is the time when this section comes into force.
But if— subsection (3) does not apply and subsections (1) and (2) have effect subject to subsection (5).
before this section comes into force, a dissolution or annulment of the overseas relationship was obtained outside the United Kingdom, and
the dissolution or annulment would be recognised under Chapter 3 if the overseas relationship had been treated as a civil partnership at the time of the dissolution or annulment,
The overseas relationship is not to be treated as having been a civil partnership for the purposes of any provisions except—
Schedules 7, 11 and 17 (financial relief in United Kingdom after dissolution or annulment obtained outside the United Kingdom);
such provisions as are specified (with or without modifications) in an order under section 259;
Chapter 3 (so far as necessary for the purposes of paragraphs (a) and (b)).
This section is subject to sections ... 217 and 218.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Two people are not to be treated as having formed a civil partnership as a result of having registered an overseas relationship if, at the critical time, they were not of the same sex under United Kingdom law.
But if a full gender recognition certificate is issued under the 2004 Act to a person who has registered an overseas relationship which is within subsection (4), after the issue of the certificate the relationship is no longer prevented from being treated as a civil partnership on the ground that, at the critical time, the parties were not of the same sex.
However, subsection (2) does not apply to an overseas relationship which is within subsection (4) if either of the parties has formed a subsequent civil partnership or lawful marriage.
An overseas relationship is within this subsection if (and only if), at the time mentioned in section 215(2)—
one of the parties (“A”) was regarded under the relevant law as having changed gender (but was not regarded under United Kingdom law as having done so), and
the other party was (under United Kingdom law) of the gender to which A had changed under the relevant law.
In this section—
Two people are within prohibited degrees of relationship if one falls within the list below in relation to the other.
In section 3 (scope of authority etc. of attorney under enduring power), in subsection (5)(a), for “or marriage” substitute “, marriage or the formation of a civil partnership”.
In section 20 (powers of investment and disposal in relation to public airport companies), in subsection (6)(b), after “widowers” insert “, civil partners, surviving civil partners”.
In section 33 (power to order disclosure of child’s whereabouts), in subsection (2), after “spouse” insert “or civil partner”.
In section 52 (meaning of “associate”), in subsection (2)(a) after “spouse” insert “or civil partner”.
In the Schedule (matters of which particulars may be required), in paragraph 5, after “marriage” insert “or civil partnership”.
In Article 5 (scope of authority etc. of attorney under enduring power), in paragraph (5)(a), for “or marriage” substitute “marriage or the formation of a civil partnership”.
In Schedule 1 (notification prior to registration of instrument creating power of attorney), in paragraph 2(1)—
in paragraph (a), after “wife” insert “or civil partner”, and
in paragraph (e), after “widower” insert “or surviving civil partner”.
In section 50 (non-recognition of divorce or annulment in another jurisdiction no bar to remarriage), for the words from “re-marrying” to the end substitute “forming a subsequent marriage or civil partnership in that part of the United Kingdom or cause the subsequent marriage or civil partnership of either party (wherever it takes place) to be treated as invalid in that part.”
Amend paragraph 2(1) of Schedule 1 (persons entitled to receive notice) as follows. In head (a), after “wife” insert “or civil partner”. In head (e), after “widower” insert “or surviving civil partner”.
Paragraphs 106 and 107 apply in relation to the exercise of powers under enduring powers of attorney created before the passing of this Act as well as in relation to those created on or after its passing.
Paragraphs 76 and 77 apply in relation to the exercise of powers under enduring powers of attorney created before the passing of this Act as well as to those created on or after its passing.
Nothing in this section prevents the exercise of any enforceable Community right.
Subsection (2) applies if an overseas relationship has been registered by a person who was at the time mentioned in section 215(2) domiciled in England and Wales.
The two people concerned are not to be treated as having formed a civil partnership if, at the time mentioned in section 215(2)—
either of them was under 18, or
they would have been within prohibited degrees of relationship under Part 1 of Schedule 1 if they had been registering as civil partners of each other in England and Wales.
Subsection (4) applies if an overseas relationship has been registered by a person who at the time mentioned in section 215(2) was domiciled in Scotland.
The two people concerned are not to be treated as having formed a civil partnership if, at the time mentioned in section 215(2), they were not eligible by virtue of paragraph (b), (c) or (e) of section 86(1) to register in Scotland as civil partners of each other.
Subsection (6) applies if an overseas relationship has been registered by a person who at the time mentioned in section 215(2) was domiciled in Northern Ireland.
The two people concerned are not to be treated as having formed a civil partnership if, at the time mentioned in section 215(2)—
either of them was under 16, or
they would have been within prohibited degrees of relationship under Schedule 12 if they had been registering as civil partners of each other in Northern Ireland.
Two people are not to be treated as having formed a civil partnership as a result of having entered into an overseas relationship if it would be manifestly contrary to public policy to recognise the capacity, under the relevant law, of one or both of them to enter into the relationship.
The Lord Chancellor may by regulations make provision—
as to the jurisdiction of courts in England and Wales ... in proceedings for the dissolution or annulment of a civil partnership or for legal separation of the civil partners in cases where a civil partner—
is or has been habitually resident in England and Wales, or
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
is domiciled in England and Wales, ...
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Scottish Ministers may by regulations make provision—
as to the jurisdiction of courts in Scotland in proceedings for the dissolution or annulment of a civil partnership or for legal separation of the civil partners in such cases as are mentioned in subsection (1)(a), and
as to the recognition in Scotland of any such judgment as is mentioned in subsection (1)(b).
The Department of Justice in Northern Ireland may by regulations make provision—
as to the jurisdiction of courts in Northern Ireland in proceedings for the dissolution or annulment of a civil partnership or for legal separation of the civil partners in cases where a civil partner—
is or has been habitually resident in Northern Ireland, or
is domiciled in Northern Ireland.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
all member States with the exception of such member States as are specified in the regulations, or
such member States as are specified in the regulations.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Regulations under subsection (1) are to be made by statutory instrument and may only be made if a draft has been laid before and approved by resolution of each House of Parliament.
Regulations under subsection (2) are to be made by statutory instrument and may only be made if a draft has been laid before and approved by resolution of the Scottish Parliament.
In this Part “section 219 regulations” means regulations made under this section.
Regulations under subsection (1A) are to be made by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979.
No regulations shall be made under subsection (1A) unless a draft has been laid before and approved by resolution of the Northern Ireland Assembly.
Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of subsection (6B) in relation to the laying of a draft as it applies in relation to the laying of a statutory document under an enactment.
In sections 221 to 224 “the court” means—
the High Court, or
the family court.
The court has jurisdiction to entertain proceedings for a dissolution order or a separation order if (and only if)—
the court has jurisdiction under section 219 regulations,
no court has, or is recognised as having, jurisdiction under section 219 regulations and either civil partner is domiciled in England and Wales on the date when the proceedings are begun, or
the following conditions are met—
the two people concerned registered as civil partners of each other in England or Wales,
no court has, or is recognised as having, jurisdiction under section 219 regulations, and
it appears to the court to be in the interests of justice to assume jurisdiction in the case.
The court has jurisdiction to entertain proceedings for a nullity order if (and only if)—
the court has jurisdiction under section 219 regulations,
no court has, or is recognised as having, jurisdiction under section 219 regulations and either civil partner—
is domiciled in England and Wales on the date when the proceedings are begun, or
died before that date and either was at death domiciled in England and Wales or had been habitually resident in England and Wales throughout the period of 1 year ending with the date of death, or
the following conditions are met—
the two people concerned registered as civil partners of each other in England or Wales,
no court has, or is recognised as having, jurisdiction under section 219 regulations, and
it appears to the court to be in the interests of justice to assume jurisdiction in the case.
At any time when proceedings are pending in respect of which the court has jurisdiction by virtue of subsection (1) or (2) (or this subsection), the court also has jurisdiction to entertain other proceedings, in respect of the same civil partnership, for a dissolution, separation or nullity order, even though that jurisdiction would not be exercisable under subsection (1) or (2).
The court has jurisdiction to entertain proceedings for a presumption of death order on an application made by a civil partner if (and only if)—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
the two people concerned registered as civil partners of each other in England and Wales and it appears to the court to be in the interests of justice to assume jurisdiction in the case.
at the time the application is made, the High Court does not have jurisdiction to entertain an application by that civil partner under section 1 of the Presumption of Death Act 2013 for a declaration that the other civil partner is presumed to be dead, and
Rules of court may make provision in relation to civil partnerships corresponding to the provision made in relation to marriages by Schedule 1 to the Domicile and Matrimonial Proceedings Act 1973 (c. 45).
The rules may in particular make provision—
for the provision of information by applicants and respondents in proceedings for dissolution, nullity or separation orders where proceedings relating to the same civil partnership are continuing in another jurisdiction, and
for proceedings before the court to be stayed by the court where there are concurrent proceedings elsewhere in respect of the same civil partnership.
The court has jurisdiction to entertain an application under section 58 if (and only if)—
either of the civil partners in the civil partnership to which the application relates—
is domiciled in England and Wales on the date of the application,
has been habitually resident in England and Wales throughout the period of 1 year ending with that date, or
died before that date and either was at death domiciled in England and Wales or had been habitually resident in England and Wales throughout the period of 1 year ending with the date of death, or
the two people concerned registered as civil partners of each other in England and Wales and it appears to the court to be in the interests of justice to assume jurisdiction in the case.
The Court of Session has jurisdiction to entertain an action for the dissolution of a civil partnership or for separation of civil partners if (and only if) either civil partner—
is domiciled in Scotland on the date when proceedings are begun, or
was habitually resident in Scotland throughout the period of one year ending with that date, or
the following conditions are met—
the two people concerned registered as civil partners of each other in Scotland,
no court has, or is recognised as having, jurisdiction ..., and
it appears to the court to be in the interests of justice to assume jurisdiction in the case.
The sheriff has jurisdiction to entertain an action for the dissolution of a civil partnership or for separation of civil partners if (and only if) the requirements of paragraph (a) or (b) of subsection (1) are met and either civil partner—
was resident in the sheriffdom for a period of 40 days ending with the date when the action is begun, or
had been resident in the sheriffdom for a period of not less than 40 days ending not more than 40 days before that date and has no known residence in Scotland at that date.
The Court of Session has jurisdiction to entertain an action for declarator of nullity of a civil partnership if (and only if)—
either of the ostensible civil partners—
is domiciled in Scotland on the date when the proceedings are begun or was habitually resident in Scotland throughout the period of one year ending with that date, or
died before that date and either was at death domiciled in Scotland or had been habitually resident in Scotland throughout the period of one year ending with the date of death, or
no court has, or is recognised as having, jurisdiction under section 219 regulations and either of the ostensible civil partners—
is domiciled in Scotland on the date when the proceedings are begun, or
died before that date and either was at death domiciled in Scotland or had been habitually resident in Scotland throughout the period of 1 year ending with the date of death, or
the following conditions are met—
the two people concerned registered as civil partners of each other in Scotland,
no court has, or is recognised as having, jurisdiction ..., and
it appears to the court to be in the interests of justice to assume jurisdiction in the case.
At any time when proceedings are pending in respect of which a court has jurisdiction by virtue of any of subsections (1) to (3A) (or this subsection) it also has jurisdiction to entertain other proceedings, in respect of the same civil partnership (or ostensible civil partnership), for dissolution, separation or ... declarator of nullity, even though that jurisdiction would not be exercisable under any of subsections (1) to (3A).
The sheriff has jurisdiction to entertain an action for declarator of nullity of a civil partnership if (and only if)—
the requirements as to domicile or habitual residence that would apply were the action to have been begun in the Court of Session under subsection (3) (other than paragraph (c)) are met, and
either of the ostensible civil partners—
was resident in the sheriffdom for a period of 40 days ending with the date when the action is begun, or
had been resident in the sheriffdom for a period of not less than 40 days ending not more than 40 days before that date and has no known residence in Scotland at that date.
Rules of court may make provision in relation to civil partnerships corresponding to the provision made in relation to marriages by Schedule 3 to the Domicile and Matrimonial Proceedings Act 1973 (c. 45) (sisting of Scottish consistorial actions).
The rules may in particular make provision—
for the provision of information by the pursuer and by any other person who has entered appearance in an action where proceedings relating to the same civil partnership (or ostensible civil partnership) are continuing in another jurisdiction, and
for an action to be sisted where there are concurrent proceedings elsewhere in respect of the same civil partnership (or ostensible civil partnership).
This section applies where after the commencement of this Act an application is competently made to the Court of Session or the sheriff for the making, or the variation or recall, of an order which is ancillary or collateral to an action for—
the dissolution of a civil partnership,
the separation of civil partners, or
declarator of nullity of a civil partnership.
And the section applies whether the application is made in the same proceedings or in other proceedings and whether it is made before or after the pronouncement of a final decree in the action.
If the court has or, as the case may be, had jurisdiction to entertain the action, it has jurisdiction to entertain the application. This subsection is subject to subsection (3B).
jurisdiction to entertain the action was under section 219 regulations, and
to make, vary or recall the order to which the application relates would contravene the regulations.
Where the Court of Session has jurisdiction by virtue of this section to entertain an application for the variation or recall, as respects any person, of an order made by it and the order is one to which section 8 (variation and recall by the sheriff of certain orders made by the Court of Session) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1966 (c. 19) applies, then for the purposes of any application under that section for the variation or recall of the order in so far as it relates to the person, the sheriff (as defined in that section) has jurisdiction to exercise the power conferred on him by that section.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
If the application or part of it relates to a matter in relation to which Article 18 of the 2007 Hague Convention applies, the court may not entertain the application or that part it except where permitted by Article18.
The reference in subsection (1) to an order which is ancillary or collateral is to an order relating to children, aliment, financial provision or expenses.
In this section “the 2007 Hague Convention” means the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance concluded on 23 November 2007 at The Hague.
In sections 229 to 232 “the court” has the meaning given by section 188.
The court has jurisdiction to entertain proceedings for a dissolution order or a separation order if (and only if)—
the court has jurisdiction under section 219 regulations,
no court has, or is recognised as having, jurisdiction under section 219 regulations and either civil partner is domiciled in Northern Ireland on the date when the proceedings are begun, or
the following conditions are met—
the two people concerned registered as civil partners of each other in Northern Ireland,
no court has, or is recognised as having, jurisdiction under section 219 regulations, and
it appears to the court to be in the interests of justice to assume jurisdiction in the case.
The court has jurisdiction to entertain proceedings for a nullity order if (and only if)—
the court has jurisdiction under section 219 regulations,
no court has, or is recognised as having, jurisdiction under section 219 regulations and either civil partner—
is domiciled in Northern Ireland on the date when the proceedings are begun, or
died before that date and either was at death domiciled in Northern Ireland or had been habitually resident in Northern Ireland throughout the period of 1 year ending with the date of death, or
the following conditions are met—
the two people concerned registered as civil partners of each other in Northern Ireland,
no court has, or is recognised as having, jurisdiction under section 219 regulations, and
it appears to the court to be in the interests of justice to assume jurisdiction in the case.
At any time when proceedings are pending in respect of which the court has jurisdiction by virtue of subsection (1) or (2) (or this subsection), the court also has jurisdiction to entertain other proceedings, in respect of the same civil partnership, for a dissolution, separation or nullity order, even though that jurisdiction would not be exercisable under subsection (1) or (2).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
the applicant is domiciled in Northern Ireland on the date when the proceedings are begun,
the applicant was habitually resident in Northern Ireland throughout the period of 1 year ending with that date, or
the two people concerned registered as civil partners of each other in Northern Ireland and it appears to the High Court to be in the interests of justice to assume jurisdiction in the case.
Rules of court may make provision in relation to civil partnerships corresponding to the provision made in relation to marriages by Schedule 1 to the Matrimonial Causes (Northern Ireland) Order 1978 (S.I. 1978/1045 (N.I. 15)).
The rules may in particular make provision—
for the provision of information by applicants and respondents in proceedings for dissolution, nullity or separation orders where proceedings relating to the same civil partnership are continuing in another jurisdiction, and
for proceedings before the court to be stayed by the court where there are concurrent proceedings elsewhere in respect of the same civil partnership.
The court has jurisdiction to entertain an application under section 181 if (and only if)—
either of the civil partners in the civil partnership to which the application relates—
is domiciled in Northern Ireland on the date of the application,
has been habitually resident in Northern Ireland throughout the period of 1 year ending with that date, or
died before that date and either was at death domiciled in Northern Ireland or had been habitually resident in Northern Ireland throughout the period of 1 year ending with the date of death, or
the two people concerned registered as civil partners of each other in Northern Ireland and it appears to the court to be in the interests of justice to assume jurisdiction in the case.
No dissolution or annulment of a civil partnership obtained in one part of the United Kingdom is effective in any part of the United Kingdom unless obtained from a court of civil jurisdiction.
Subject to subsections (3) and (4), the validity of a dissolution or annulment of a civil partnership or a legal separation of civil partners which has been obtained from a court of civil jurisdiction in one part of the United Kingdom is to be recognised throughout the United Kingdom.
Recognition of the validity of a dissolution, annulment or legal separation obtained from a court of civil jurisdiction in one part of the United Kingdom may be refused in any other part if the dissolution, annulment or separation was obtained at a time when it was irreconcilable with a decision determining the question of the subsistence or validity of the civil partnership—
previously given by a court of civil jurisdiction in the other part, or
previously given by a court elsewhere and recognised or entitled to be recognised in the other part.
Recognition of the validity of a dissolution or legal separation obtained from a court of civil jurisdiction in one part of the United Kingdom may be refused in any other part if the dissolution or separation was obtained at a time when, according to the law of the other part, there was no subsisting civil partnership.
The validity of an overseas dissolution, annulment or legal separation is to be recognised in the United Kingdom Scotland if, and only if, it is entitled to recognition by virtue of sections 235 to 237.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
For the purposes of subsection (1) and sections 235 to 237, an overseas dissolution, annulment or legal separation is a dissolution or annulment of a civil partnership or a legal separation of civil partners which has been obtained outside the United Kingdom (whether before or after this section comes into force).
The validity of an overseas dissolution, annulment or legal separation obtained by means of proceedings is to be recognised if—
the dissolution, annulment or legal separation is effective under the law of the country in which it was obtained, and
at the relevant date either civil partner—
was habitually resident in the country in which the dissolution, annulment or legal separation was obtained,
was domiciled in that country, or
was a national of that country.
The validity of an overseas dissolution, annulment or legal separation obtained otherwise than by means of proceedings is to be recognised if—
the dissolution, annulment or legal separation is effective under the law of the country in which it was obtained,
at the relevant date—
each civil partner was domiciled in that country, or
either civil partner was domiciled in that country and the other was domiciled in a country under whose law the dissolution, annulment or legal separation is recognised as valid, and
neither civil partner was habitually resident in the United Kingdom throughout the period of 1 year immediately preceding that date.
In this section “the relevant date” means—
in the case of an overseas dissolution, annulment or legal separation obtained by means of proceedings, the date of the commencement of the proceedings;
in the case of an overseas dissolution, annulment or legal separation obtained otherwise than by means of proceedings, the date on which it was obtained.
Where in the case of an overseas annulment the relevant date fell after the death of either civil partner, any reference in subsection (1) or (2) to that date is to be read in relation to that civil partner as a reference to the date of death.
In this section references to “the relevant sort of relationship” are to the sort of relationship that the civil partnership in question is, and include—
in the case of a relationship between two persons who are of the same sex under the relevant law, reference to that sort of relationship whether generally or between two persons of the same sex;
in the case of a relationship between two persons who are of the opposite sex under the relevant law, reference to that sort of relationship whether generally or between two persons of the opposite sex.
In subsection (3A), “the relevant law” means the law in relation to which the question of recognition arises under subsection (1A)(c) or (as the case may be) (2A)(b).
Recognition of the validity of an overseas dissolution, annulment or legal separation may be refused in any part of the United Kingdom if the dissolution, annulment or separation was obtained at a time when it was irreconcilable with a decision determining the question of the subsistence or validity of the civil partnership—
previously given by a court of civil jurisdiction in that part of the United Kingdom, or
previously given by a court elsewhere and recognised or entitled to be recognised in that part of the United Kingdom.
Recognition of the validity of an overseas dissolution or legal separation may be refused in any part of the United Kingdom if the dissolution or separation was obtained at a time when, according to the law of that part of the United Kingdom, there was no subsisting civil partnership.
Recognition of the validity of an overseas dissolution, annulment or legal separation may be refused if—
in the case of a dissolution, annulment or legal separation obtained by means of proceedings, it was obtained—
without such steps having been taken for giving notice of the proceedings to a civil partner as, having regard to the nature of the proceedings and all the circumstances, should reasonably have been taken, or
without a civil partner having been given (for any reason other than lack of notice) such opportunity to take part in the proceedings as, having regard to those matters, he should reasonably have been given, or
in the case of a dissolution, annulment or legal separation obtained otherwise than by means of proceedings—
there is no official document certifying that the dissolution, annulment or legal separation is effective under the law of the country in which it was obtained, or
where either civil partner was domiciled in another country at the relevant date, there is no official document certifying that the dissolution, annulment or legal separation is recognised as valid under the law of that other country, or
in either case, recognition of the dissolution, annulment or legal separation would be manifestly contrary to public policy.
In this section—
“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.
An interim order is an order requiring the respondent to make to the applicant, until the determination of the application, such periodical payments as the court thinks reasonable.
This paragraph applies if an application under paragraph 39 is made on the ground mentioned in paragraph 39(1)(a). In deciding— the court must have regard to all the circumstances of the case including the matters mentioned in paragraph 21(2). If an application is also made under paragraph 39 in respect of a child of the family who has not reached 18, the court must give first consideration to the welfare of the child while under 18. Paragraph 21(2)(c) has effect as if for the reference in it to the breakdown of the civil partnership there were substituted a reference to the failure to provide reasonable maintenance for the applicant.
If after the making of a dissolution or nullity order one of the civil partners forms a subsequent civil partnership or marriage, that civil partner is not entitled to apply, by reference to the dissolution or nullity order, for— against the other civil partner in the dissolved or annulled civil partnership.
an order under Part 1 in that civil partner’s favour, or
a property adjustment order,
If the court has made an order to which this Part applies, it may— Sub-paragraph (1) is subject to the provisions of this Part and paragraph 47(5).
In exercising the powers conferred by this Part the court must have regard to all the circumstances of the case, giving first consideration to the welfare, while under 18, of any child of the family who has not reached 18. The circumstances of the case include, in particular, any change in any of the matters to which the court was required to have regard when making the order to which the application relates. Sub-paragraph (4) applies in the case of— made on or after the making of a dissolution or nullity order. The court must consider whether in all the circumstances, and after having regard to any such change, it would be appropriate to vary the order so that payments under the order are required— only for such further period as will in the opinion of the court be sufficient to enable the civil partner in whose favour the order was made to adjust without undue hardship to the termination of those payments. In considering what further period will be sufficient, the court must, if the civil partnership has been dissolved, take into account any proposed exercise by it of its powers under paragraph 53. If the civil partner against whom the order was made has died, the circumstances of the case also include the changed circumstances resulting from that civil partner’s death.
In section 3(2) (“occupier” includes surviving spouse of deceased occupier), for “or widower” (in each place) substitute “, widower or surviving civil partner”.
In exercising the powers conferred by this Part the court must have regard to all the circumstances of the case, giving first consideration to the welfare, while under 18, of any child of the family who has not reached 18. The circumstances of the case include, in particular, any change in any of the matters to which the court was required to have regard when making the order to which the application relates. Sub-paragraph (4) applies in the case of— made on or after the making of a dissolution or nullity order. The court must consider whether in all the circumstances, and after having regard to any such change, it would be appropriate to vary the order so that payments under the order are required— only for such further period as will in the opinion of the court be sufficient to enable the civil partner in whose favour the order was made to adjust without undue hardship to the termination of those payments. If the civil partner against whom the order was made has died, the circumstances of the case also include the changed circumstances resulting from that civil partner’s death.
For the purposes of sections 235 and 236, a civil partner is to be treated as domiciled in a country if he was domiciled in that country—
according to the law of that country in family matters, or
according to the law of the part of the United Kingdom in which the question of recognition arises.
The Lord Chancellor , the Department of Justice in Northern Ireland or the Scottish Ministers may by regulations make provision—
applying sections 235 and 236 and subsection (1) with modifications in relation to any country whose territories have different systems of law in force in matters of dissolution, annulment or legal separation;
applying sections 235 and 236 with modifications in relation to—
an overseas dissolution, annulment or legal separation in the case of an overseas relationship (or an apparent or alleged overseas relationship);
any case where a civil partner is domiciled in a country or territory whose law does not recognise relationships of the sort that the civil partnership in question is (whether generally, between two persons of the same sex, or between two persons of the opposite sex);
with respect to recognition of the validity of an overseas dissolution, annulment or legal separation in cases where there are cross-proceedings;
with respect to cases where a legal separation is converted under the law of the country or territory in which it is obtained into a dissolution which is effective under the law of that country or territory;
with respect to proof of findings of fact made in proceedings in any country or territory outside the United Kingdom.
The power of the Lord Chancellor or the Scottish Ministers to make regulations under subsection (2) is exercisable by statutory instrument.
A statutory instrument containing such regulations—
if made by the Lord Chancellor, is subject to annulment in pursuance of a resolution of either House of Parliament;
if made by the Scottish Ministers, is subject to annulment in pursuance of a resolution of the Scottish Parliament.
In this section (except subsection (4)) and sections 233 to 236 and 238—
“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;
The matters to which the court is to have regard under paragraph 16(2)(a) include any pension benefits under a pension arrangement or by way of pension which a civil partner has or is likely to have; and, accordingly, in relation to any pension benefits paragraph 16(2)(a)(ii) has effect as if “in the foreseeable future” were omitted. The matters to which the court is to have regard under paragraph 16(2)(h) include any pension benefits which, because of the making of a dissolution or nullity order, a civil partner will lose the chance of acquiring. “Pension benefits” means—
If— the Part 1 order has effect as if it had been made instead in respect of the person responsible for the new arrangement.
a Part 1 order made by virtue of paragraph 20 or 21 imposes any requirement on the person responsible for a pension arrangement (“the first arrangement”),
the civil partner with pension rights acquires rights under another pension arrangement (“the new arrangement”) which are derived (directly or indirectly) from the whole of that civil partner’s rights under the first arrangement, and
the person responsible for the new arrangement has been given notice in accordance with regulations made by the Lord Chancellor,
This paragraph applies to an order under Part 1 if— From the time the trustees or managers of the scheme receive the transfer notice, the order has effect with such modifications as may be prescribed by regulations.
Regulations may make such consequential modifications of any provision of, or made by virtue of, this Schedule as appear to the Lord Chancellor necessary or expedient to give effect to the provisions of this Part.
An application under paragraph 30, 31 or 36 may be made—
if it is for the variation or revocation of an order under Part 1, 2, 3 or 4 for periodical payments, by either civil partner, and
if it is for the variation of an order under paragraph 2(1)(c) or Part 2 or 3 for periodical payments to or in respect of a child, also by the child himself, if he has reached 16.
The powers of a court of summary jurisdiction to revoke, suspend, revive or vary an order for the periodical payment of money and the power of the clerk of petty sessions to vary such an order under Article 86 of the 1981 Order do not apply in relation to an order made under this Schedule.
Amend section 105 (meaning of “member of a person’s family”) as follows. In subsection (1)(a)— In subsection (2)(a), after “a relationship by marriage” insert “or civil partnership”.
Amend section 8 (evidence in actions concerning family relationships, etc.) as follows. In subsection (2), for “separation or declarator of marriage, nullity of marriage” substitute “for dissolution of civil partnership, for separation of spouses or of civil partners, for declarator of marriage or of nullity of marriage or of civil partnership or for”. After subsection (3) insert— In subsection (4), after “(3)” insert “or (3A)”.
In section 1(2) (inadmissibility in civil proceedings of information as to what occurred during family mediation), after paragraph (c) insert the following paragraph—.
In section 31(c) (effect of work on rent)—
after “spouse” insert “or civil partner”, and
for “husband and wife except that the persons are of the same sex” substitute “civil partners”.
Amend section 254 (meaning of “nearest relative”) as follows. In subsection (2)(a), at the end insert “or civil partner”. In subsection (3), after “spouse” insert “or civil partner”. In subsection (7)(a)(ii), for “husband and wife except that the person and the relevant person are of the same sex” substitute “civil partners”.
Amend section 3 (uncertainty as to remoteness) as follows. In subsection (4)(a), after “spouse” insert “or civil partner”. In subsection (5)(f), after “spouse” insert “or civil partner”.
Amend section 10 (privilege against incrimination of self or spouse). In subsection (1), for “husband or wife” substitute “spouse or civil partner”. In the heading to section 10, after “spouse” insert “or civil partner”.
In Article 2(2) (interpretation), in the definition of “relative”, after “by marriage” insert “or civil partnership”.
Amend Article 11 (evidence in connection with offences under the Order) as follows. For “wife or husband” substitute “spouse or civil partner”. For “married after the making of the statement or admission) against the wife or husband” substitute “married or became civil partners after the making of the statement or admission) against the spouse or civil partner”.
Insert after Article 2(4)—
In Article 10 (general civil jurisdiction), after paragraph (3) insert—
Amend Schedule 1 (persons by whom a medical recommendation or medical report under Article 12 may not be given) as follows. In paragraph 3, after “spouse,” insert “civil partner,”. In paragraph 4, after “spouse” insert “or civil partner”.
Amend section 108 (meaning of “family” etc.) as follows. In subsection (1)(a), after “spouse” insert “or civil partner”. In subsection (2)(a), after “marriage” insert “or by virtue of civil partnership”.
In section 313(5)(a)(ii) (defence in respect of sexual offence), after “spouse” insert “or civil partner”.
Amend section 5 (condition relating to death of surviving spouse) as follows. After “spouse” insert “or civil partner”. In the heading to section 5, after “spouse” insert “or civil partner”.
In Article 13 (grounds on which marriage is void), at the end of paragraph (1)(d) insert “or a civil partner”.
In Article 14 (jurisdiction in equity matters), in paragraph (j), after “1882” insert “or section 191 of the Civil Partnership Act 2004”.
In this Part “regulations” means regulations made by the Lord Chancellor. A power to make regulations under this Part is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)). Regulations under this Part are subject to annulment in pursuance of a resolution of either House of Parliament in the same manner as a statutory instrument; and section 5 of the Statutory Instruments Act 1946 (c. 36) applies accordingly.
Amend Schedule 2 (grounds for recovery of possession of house) as follows. In paragraph 5— In paragraph 15—
Amend Article 17 (marriages governed by foreign law or celebrated abroad under certain enactments or common law) as follows. In paragraph (1), at the beginning insert “Subject to paragraph (3)”. After paragraph (2) insert—
In Article 39 (capacity of parties), in paragraph (2)(d), after “marriage, death or bankruptcy of” insert “, or the formation of a civil partnership by,”.
In Schedule 3 (succession: qualified persons), in paragraph 2(1)(a)—
in sub-head (i), after “spouse” insert “or civil partner”, and
in sub-head (ii), for “husband and wife except that the persons are of the same sex” substitute “civil partners”.
Amend Article 30 (duration of continuing financial provision orders in favour of party to marriage, and effect of remarriage) as follows. In paragraph (1)(a) and (b) after “remarriage of” insert “, or formation of a civil partnership by,”. In paragraph (2)— In paragraph (3), after “remarries whether at any time before or after the commencement of this Article”, insert “or forms a civil partnership”. In the heading to Article 30, after “remarriage” insert “or formation of civil partnership”.
In Article 37 (alteration of agreements by court during lives of parties), in paragraph (4)(a) and (b), after “remarriage of” insert “, or formation of a civil partnership by,”.
Amend Article 40 (orders for repayment in certain cases of sums paid after cessation of order by reason of remarriage) as follows. In paragraph (1)— In paragraph (6)— In the heading to Article 40, after “remarriage” insert “or formation of civil partnership”.
“registrar” means such person appointed under section 152(1)(a) or (b) or (3) as may be prescribed;
Amend section 1 (deduction from pay in respect of liabilities for maintenance, etc.) as follows. In subsection (1), in paragraphs (a), (aa) and (b) after “wife” insert “or civil partner”. In subsection (2A), after paragraph (a) insert—.
Section 150 (enforcement of maintenance and affiliation orders by deduction from pay) is amended as follows. In subsection (1)(a) and (aa), after “wife” insert “or civil partner”. references to a civil partner include, in relation to an order made in proceedings in connection with the dissolution or annulment of a civil partnership, references to a person who would have been the civil partner of the defendant if the civil partnership had subsisted.
In section 48A (appeals on behalf of deceased persons), in subsection (3)(a), for “widow or widower” substitute “widow, widower or surviving civil partner”.
The court in deciding— must have regard to all the circumstances of the case, giving first consideration to the welfare, while under 18, of any child of the family who has not reached 18.
whether to exercise its powers under—
Part 1 (financial provision on dissolution etc.),
Part 2 (property adjustment orders),
Part 3 (sale of property orders), or
any provision of Part 4 (pension sharing orders) other than paragraph 17 (apportionment of charges), and
if so, in what way,
Sub-paragraphs (2) and (3) apply if, on or after the making of a dissolution or nullity order, the court decides to exercise its powers under— in favour of one of the civil partners. The court must consider whether it would be appropriate to exercise those powers in such a way that the financial obligations of each civil partner towards the other will be terminated as soon after the making of the dissolution or nullity order as the court considers just and reasonable. If the court decides to make— in favour of one of the civil partners (“A”), it must in particular consider whether it would be appropriate to require the payments to be made or secured only for such term as would in its opinion be sufficient to enable A to adjust without undue hardship to the termination of A’s financial dependence on the other civil partner. If— the court may dismiss the application with a direction that the applicant is not entitled to make any future application in relation to that civil partnership for an order under Part 1 by virtue of paragraph 2(1)(a) or (b).
Either civil partner in a subsisting civil partnership may apply to the court for an order under this Part on the ground that the other civil partner (“the respondent”)— The court must not entertain an application under this paragraph unless— If, on an application under this paragraph, it appears to the court that— the court may make an interim order. If, on an application under this paragraph, the applicant satisfies the court of a ground mentioned in sub-paragraph (1), the court may make one or more of the orders set out in paragraph 41.
An order under this Part for the payment of a lump sum may be made for the purpose of enabling any liabilities or expenses reasonably incurred in maintaining the applicant or any child of the family to whom the application relates before the making of the application to be met. An order under this Part for the payment of a lump sum may— Sub-paragraphs (1) and (2) do not restrict the power to make an order by virtue of paragraph 41(1)(c) or (f).
The power to make an order under paragraph 41(1)(d), (e) or (f) is subject to paragraph 49(1) and (5) (restrictions on orders in favour of children who have reached 18).
This paragraph applies if proceedings for relief (“financial relief”) are brought by one person (“A”) against another (“B”) under Part 1, 2, 4, 8, 9, or 11 (other than paragraph 60(2)), or paragraph 69. If the court is satisfied, on an application by A, that B is, with the intention of defeating A’s claim for financial relief, about to— it may make such order as it thinks fit for restraining B from doing so or otherwise for protecting the claim. If the court is satisfied, on an application by A, that— it make an order setting aside the disposition. If the court is satisfied, on an application by A in a case where an order has been obtained by A against B under any of the provisions mentioned in sub-paragraph (1), that B has, with the intention of defeating A’s claim for financial relief, made a reviewable disposition, it may make an order setting aside the disposition. An application for the purposes of sub-paragraph (3) must be made in the proceedings for the financial relief in question. If the court makes an order under sub-paragraph (3) or (4) setting aside a disposition it must give such consequential directions as it thinks fit for giving effect to the order (including directions requiring the making of any payments or the disposal of any property).
This paragraph applies if— “Mental disorder” has the same meaning as in the Mental Health Act 1983 (c. 20). Subject to any order, direction or authority made or given in relation to that person under Part 8 of the 1983 Act, the court may order the payments to be made or, as the case may be, the property to be transferred to such persons having charge of that person as the court may direct.
An order under this Part for the payment of a lump sum may be made for the purpose of enabling any liability or expenses reasonably incurred in maintaining the applicant or any child of the family to whom the application relates before the making of the order to be met. Sub-paragraph (1) does not restrict the power to make the orders set out in paragraph 2(1)(b) and (d).
This paragraph applies in relation to the exercise by the court of its power to make an order by virtue of paragraph 2(1)(c) or (d). The court must in particular have regard to— In relation to the exercise of its power to make an order in favour of a child of the family who is not the respondent’s child, the court must also have regard to—
This paragraph applies if— at the hearing of an application for an order under this Part. The court must not make an order under this Part unless there is produced to it such evidence as may be prescribed by rules of court of—
A civil partner who has applied for an order under Part 1 is not precluded at any time before the determination of the application from applying for an order under this Part. If— the application for the Part 1 order is to be treated as if it had been withdrawn.
Section 32 of the Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22) applies in relation to orders under this Schedule as it applies in relation to orders under Part 1 of that Act.
The following provisions of the Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22) apply in relation to an order under this Schedule relating to a civil partnership as they apply in relation to an order under Part 1 of that Act relating to a marriage—
section 28 (powers of the High Court and a county court in relation to certain orders),
section 29 (appeals), and
section 31 (constitution of courts).
If— that civil partner shall not be entitled to make, in relation to the civil partnership, an application for an order under paragraph 9 or 13. The reference in sub-paragraph (1) to the forming of a subsequent civil partnership or marriage includes a reference to the forming of a civil partnership or marriage which is by law void or voidable.
Paragraphs 7 and 8 apply where—
one of the civil partners has been granted leave under paragraph 4, and
acting under the leave, that civil partner makes an application for an order under paragraph 9 or 13.
Sub-paragraphs (2) and (3) apply where one of the civil partners has made an application for an order under this paragraph. If the civil partnership has been dissolved or annulled, the court may on the application make any one or more of the orders which it could make under Part 1, 2 or 4 of Schedule 5 (financial provision, property adjustment and pension sharing) if a dissolution order or nullity order had been made in respect of the civil partnership under Chapter 2 of Part 2 of this Act. If the civil partners have been legally separated, the court may on the application make any one or more of the orders which it could make under Part 1 or 2 of Schedule 5 (financial provision and property adjustment) if a separation order had been made in respect of the civil partners under Chapter 2 of Part 2 of this Act. Where under sub-paragraph (2) or (3) the court makes— then, on making that order or at any time afterwards, the court may make any order which it could make under Part 3 of Schedule 5 (sale of property) if the order under sub-paragraph (2) or (3) had been made under that Schedule. The powers under sub-paragraphs (2) to (4) are subject to paragraph 11.
On an application for a consent order under paragraph 9, the court may make an order in the terms agreed on the basis only of the prescribed information furnished with the application. Sub-paragraph (1) does not apply if the court has reason to think that there are other circumstances into which it ought to inquire. Sub-paragraph (1) applies to an application for a consent order varying or discharging an order under paragraph 9 as it applies to an application for such an order. Sub-paragraph (1) applies despite paragraph 10. In this paragraph—
Sub-paragraphs (2) and (3) apply where one of the civil partners (“A”) is granted leave under paragraph 4 to make an application for an order under paragraph 9. If the court is satisfied, on application by A, that the other civil partner (“B”) is, with the intention of defeating a claim by A, about to— it may make such order as it thinks fit for restraining B from doing so or otherwise for protecting the claim. If the court is satisfied, on application by A— it may make an order setting aside the disposition. If— the court may make an order setting aside the disposition. Where the court has jurisdiction to entertain an application for an order under paragraph 9 only under paragraph 7(4), it shall not make any order under sub-paragraph (2), (3) or (4) in respect of any property other than the dwelling-house concerned. Where the court makes an order under sub-paragraph (3) or (4) setting aside a disposition, it shall give such consequential directions as it thinks fit for giving effect to the order (including directions requiring the making of any payments or the disposal of any property). For the purposes of sub-paragraphs (3) and (4), but subject to sub-paragraph (8), any disposition made by B is a “reviewable disposition” (whether made before or after the commencement of A’s application under that sub-paragraph). A disposition made by B is not a reviewable disposition for those purposes if made for valuable consideration (other than formation of a civil partnership) to a person who, at the time of the disposition, acted in relation to it in good faith and without notice of any intention on the part of B to defeat A’s claim. A reference in this paragraph to defeating a claim by one of the civil partners is a reference to—
In section 76(2)(c) (which refers to section 149(6) of the Law of Property Act 1925), after “terminable after a death or marriage” insert “or the formation of a civil partnership”.
Two people are within prohibited degrees of relationship if one falls within the list below in relation to the other. Adoptive child Adoptive parent Child Former adoptive child Former adoptive parent Grandparent Grandchild Parent Parent’s sibling Sibling Sibling’s child In the list “sibling” means a brother, sister, half-brother or half-sister.
An interim order is an order requiring the respondent to make to the applicant, until the determination of the application, such periodical payments as the court thinks reasonable.
This paragraph applies if an application under paragraph 34 is made on the ground mentioned in paragraph 34(1)(a). In deciding— the court must have regard to all the circumstances of the case including the matters mentioned in paragraph 16(2). If an application is also made under paragraph 34 in respect of a child of the family who has not reached 18, the court must give first consideration to the welfare of the child while under 18. Paragraph 16(2)(c) has effect as if for the reference in it to the breakdown of the civil partnership there were substituted a reference to the failure to provide reasonable maintenance for the applicant.
If after the making of a dissolution or nullity order one of the civil partners forms a subsequent civil partnership or marriage, that civil partner is not entitled to apply, by reference to the dissolution or nullity order, for— against the other civil partner in the dissolved or annulled civil partnership.
an order under Part 1 in that civil partner’s favour, or
a property adjustment order,
If the court has made an order to which this Part applies, it may— Sub-paragraph (1) is subject to the provisions of this Part and paragraph 42(5).
The court must not exercise the powers conferred by this Part in relation to a property adjustment order falling within paragraph 7(1)(b), (c) or (d) (order for settlement or for variation of settlement) except on an application made in proceedings—
for the rescission of the separation order by reference to which the property adjustment order was made, or
for a dissolution order in relation to the civil partnership.
If the court, in exercise of its powers under this Part, decides— a periodical payments or secured periodical payments order, it may direct that the variation or discharge is not to take effect until the end of such period as may be specified. Sub-paragraph (1) is subject to paragraph 42(1) and (6).
Either civil partner may apply to the court for an order under this Part on the ground that that civil partner or the other civil partner has agreed to make such financial provision as may be specified in the application. On such an application or on a request under paragraph 14, the court may order that the applicant or the respondent (as the case may be) is to make the financial provision specified in the application or request, if— Sub-paragraph (2) is subject to paragraph 12. The making of an order under this Part (“Part 2 order”) does not prevent the making of an order under Part 1 (“Part 1 order”) on a subsequent application for a Part 1 order. On the making of a Part 2 order, the Part 1 order ceases to have effect. Sub-paragraph (5) does not affect the power of the court under Part 6 to revoke the Part 1 order.
This paragraph applies if the financial provision specified in an application under this Part or a request under paragraph 14— provision in respect of a child of the family. The court must not make an order under this Part unless it considers that the provision which the applicant or the respondent (as the case may be) has agreed to make in respect of the child provides for, or makes a proper contribution towards, the financial needs of the child.
The court in the exercise of its powers under this Part must not require—
the respondent to make payments whose total amount during any period of 3 months exceeds the total amount paid by him for the benefit of— during the period of 3 months immediately preceding the date of the making of the application;
the applicant, or
a child of the family,
the respondent to make payments to or for the benefit of any person which exceed in amount the payments which the court considers that it would have required the respondent to make to or for the benefit of that person on an application under Part 1;
payments to be made to or for the benefit of a child of the family who is not the respondent’s child, unless the court considers that it would have made an order in favour of that child on an application under Part 1.
An interim order may provide for payments to be made from such date as the court may specify, except that the date must not be earlier than the date of the making of the application for an order under Part 1, 2 or 3. Sub-paragraph (1) is subject to paragraph 27(10) and (11).
An interim order made by the High Court under paragraph 20(3) on ordering an application to be reheard by the court is to be treated for the purposes of— as if it were an order of the court (and not of the High Court).
its enforcement, and
Part 6 (variation etc. of orders),
This Part of this Schedule applies where— This Part of this Schedule applies even if the date of the dissolution, annulment or legal separation is earlier than the date on which the Part comes into force. In this Schedule “overseas country” means a country or territory outside the United Kingdom, the Channel Islands and the Isle of Man. In this Part of this Schedule “child of the family” means— In sub-paragraph (4) “authority” and “voluntary organisation” have the same meaning as in the Children (Northern Ireland) Order 1995 (S.I. 1995/ 755 (N.I. 2)).
No application for an order under paragraph 9 or 13 shall be made unless the leave of the court has been obtained in accordance with rules of court. The court shall not grant leave under this paragraph unless it considers that there is substantial ground for the making of an application for such an order. The court may grant leave under this paragraph notwithstanding that an order has been made by a court in a country outside Northern Ireland requiring the other civil partner to make any payment, or transfer any property, to the applicant or to a child of the family. Leave under this paragraph may be granted subject to such conditions as the court thinks fit.
The court shall have jurisdiction to entertain the application only if one or more of the following jurisdictional requirements is satisfied. The first requirement is that either of the civil partners— The second is that either of the civil partners— The third is that either or both of the civil partners had, at the date when the leave was applied for, a beneficial interest in possession in a dwelling-house situated in Northern Ireland which was at some time during the civil partnership a civil partnership home of the civil partners. In sub-paragraph (4) “possession” includes receipt of, or the right to receive, rents and profits, but here “rent” does not include mortgage interest.
The court, in deciding— must act in accordance with this paragraph. The court must have regard to all the circumstances of the case, giving first consideration to the welfare, while under 18, of any child of the family who has not reached 18. The court, in exercising its powers under paragraph 9 in relation to one of the civil partners— The matters to which the court is to have regard under sub-paragraph (3)(a), so far as relating to paragraph 16(2)(a) of Schedule 15 (regard to be had to financial resources), include— (whether or not in the foreseeable future). The matters to which the court is to have regard under sub-paragraph (3)(a), so far as relating to paragraph 16(2)(h) of Schedule 15 (regard to be had to benefits that cease to be acquirable), include— The court, in exercising its powers under paragraph 9 in relation to a child of the family, must in particular have regard to the matters mentioned in paragraph 17(2) of Schedule 15. The court, in exercising its powers under paragraph 9 against a civil partner (“A”) in favour of a child of the family who is not A’s child, must also have regard to the matters mentioned in paragraph 17(3) of Schedule 15. Where an order has been made by a court outside Northern Ireland for— by one of the civil partners, the court in considering in accordance with this paragraph the financial resources of the other civil partner, or of a child of the family, shall have regard to the extent to which that order has been complied with or is likely to be complied with. In this paragraph—
This paragraph applies if— The court may make in relation to that dwelling-house any order which it could make under Part 2 of that Schedule (order transferring tenancy or switching statutory tenants) if it had power to make a property adjustment order under Part 2 of Schedule 15 to this Act with respect to the civil partnership. The provisions of paragraphs 9, 10 and 13(1) of Schedule 2 to the Family Homes and Domestic Violence (Northern Ireland) Order 1998 (payments by transferee, pre-transfer liabilities and right of landlord to be heard) apply in relation to any order under this paragraph as they apply to any order under Part 2 of that Schedule.
Sub-paragraph (3) applies where— Sub-paragraph (3) also applies where— It shall be presumed, unless the contrary is shown, that the person who— did so, or (as the case may be) is about to do so, with the intention of defeating the applicant’s claim. A reference in this paragraph to defeating a claim by one of the civil partners has the meaning given by paragraph 15(9).
Any reference in paragraph 74 to defeating A’s claim for financial relief is to— In paragraph 74 and this paragraph “disposition”— Any disposition made by B (whether before or after the commencement of the proceedings for financial relief) is a reviewable disposition for the purposes of paragraphs 74(3) and (4) unless it was made— If an application is made under paragraph 74 with respect to a disposition which took place less than 3 years before the date of the application or with respect to a disposition or other dealing with property which is about to take place and the court is satisfied— it is presumed, unless the contrary is shown, that the person who disposed of or is about to dispose of or deal with the property did so or, as the case may be, is about to do so, with the intention of defeating A’s claim for financial relief.
In section 77(1) (“long lease”: exclusion of certain leases terminable by notice after death or marriage)—
for “a death or marriage” substitute “a death, a marriage or the formation of a civil partnership”, and
in paragraph (a), after “marriage of” insert “, or the formation of a civil partnership by,”.
In relation to a pension sharing order which is made at a time before the dissolution or nullity order has been made final— No variation of a pension sharing order is to be made so as to take effect before the order is made final. The variation of a pension sharing order prevents the order taking effect before the end of such period after the making of the variation as may be prescribed by regulations made by the Lord Chancellor. The power to make regulations under sub-paragraph (3) is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)). Regulations under sub-paragraph (3) are subject to annulment in pursuance of a resolution of either House of Parliament in the same manner as a statutory instrument; and section 5 of the Statutory Instruments Act 1946 (c. 36) applies accordingly.
If— the court may, in exercise of its powers under this Part to vary or discharge the order, direct that the variation or discharge is to take effect from the date on which the calculation took effect or any later date. If— the court may, in exercise of its powers under this Part to vary or discharge the civil partner’s order, direct that the variation or discharge is to take effect from the date on which the child order became so affected or any later date. For the purposes of sub-paragraph (2), an order is affected if it ceases to have effect or is modified by or under Article 12 of the 1991 Order. Sub-paragraphs (1) and (2) do not affect any other power of the court to direct that the variation or discharge of an order under this Part is to take effect from a date earlier than that on which the order for variation or discharge was made.
In section 151 (deductions from pay for maintenance of wife or child), in subsection (1)—
after “wife” (in the first place) insert “or civil partner”, and
for “wife” (in the second place) substitute “wife, civil partner”.
In paragraph 3(8) of Schedule 6 (members of freeholder’s family whose occupation of premises excludes premises from right to manage), after “spouse” (in each place) insert “or civil partner”.
No property adjustment order or pension sharing order may be made on an application for the variation of a periodical payments or secured periodical payments order made (whether in favour of a civil partner or in favour of a child of the family) under Part 1. No order for the payment of a lump sum may be made on an application for the variation of a periodical payments or secured periodical payments order in favour of a civil partner (whether made under Part 1 or 8).
The power of the Department of Justice in Northern Ireland to make regulations under subsection (2) is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979.
Regulations made by the Department of Justice under subsection (2) are subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954.
Nothing in this Chapter is to be read as requiring the recognition of any finding of fault made in proceedings for dissolution, annulment or legal separation or of any maintenance, custody or other ancillary order made in any such proceedings.
This section applies where, in any part of the United Kingdom—
a dissolution or annulment of a civil partnership has been granted by a court of civil jurisdiction, or
the validity of a dissolution or annulment of a civil partnership is recognised by virtue of this Chapter.
The fact that the dissolution or annulment would not be recognised outside the United Kingdom does not—
preclude either party from forming a subsequent civil partnership or marriage in that part of the United Kingdom, or
cause the subsequent civil partnership or marriage of either party (wherever it takes place) to be treated as invalid in that part.
Her Majesty may by Order in Council make provision in relation to cases where— for the issue to A, by the captain or other officer in command of the ship, of a certificate of no impediment.
two people wish to register as civil partners of each other in England and Wales (under Chapter 1 of Part 2), and
one of them (“A”) is an officer, seaman or marine borne on the books of one of Her Majesty's ships at sea and the other is resident in England and Wales,
The Order may provide for the issue of the certificate to be subject to the giving of such notice and the making of such declarations as may be prescribed.
A certificate of no impediment is a certificate that no legal impediment to the formation of the civil partnership has been shown to the . . . officer issuing the certificate to exist.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
in relation to a person subject to military law, means the officer who would be that person’s commanding officer for the purposes of section 82 of the Army Act 1955 (3 & 4 Eliz. 2 c. 18) if he were charged with an offence;
in relation to a person subject to air-force law, means the officer who would be that person’s commanding officer for the purposes of section 82 of the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) if he were charged with an offence;
in relation to a person subject to the Naval Discipline Act 1957 (c. 53), means the officer in command of the ship or naval establishment to which he belongs.
Her Majesty may by Order in Council make provision for the issue of certificates of no impediment to— who wish to enter into overseas relationships in prescribed countries or territories outside the United Kingdom with persons who are not United Kingdom nationals and who do not fall within subsection (2).
United Kingdom nationals, and
such other persons falling within subsection (2) as may be prescribed,
A person falls within this subsection if under any enactment for the time being in force in any country mentioned in Schedule 3 to the British Nationality Act 1981 (c. 61) (Commonwealth countries) that person is a citizen of that country.
A certificate of no impediment is a certificate that, after proper notices have been given, no legal impediment to the recipient entering into the overseas relationship has been shown to the person issuing the certificate to exist.
Her Majesty may by Order in Council provide—
for the transmission to the Registrar General, by such persons or in such manner as may be prescribed, of certificates of the registration of overseas relationships entered into by United Kingdom nationals in prescribed countries or territories outside the United Kingdom,
for the issue by the Registrar General of a certified copy of such a certificate received by him, and
for such certified copies to be received in evidence.
“The Registrar General” means—
in relation to England and Wales, the Registrar General for England and Wales,
in relation to Scotland, the Registrar General of Births, Deaths and Marriages for Scotland, and
in relation to Northern Ireland, the Registrar General for Northern Ireland.
This section applies if it appears to Her Majesty that any law in force in Canada, the Commonwealth of Australia or New Zealand (or in a territory of either of the former two countries) makes, in relation to forces raised there, provision similar to that made by section 211 (registration by armed forces personnel).
Her Majesty may by Order in Council make provision for securing that the law in question has effect as part of the law of the United Kingdom.
The power to make an order under section 34(1) (fees) includes power to make an order prescribing fees in respect of anything which, by virtue of an Order in Council under this Part, is required to be done by registration authorities in England and Wales or by or on behalf of the Registrar General for England and Wales.
Regulations made by the Registrar General of Births, Deaths and Marriages for Scotland may prescribe fees in respect of anything which, by virtue of an Order in Council under this Part, is required to be done by him or on his behalf.
Subsections (3) and (4) of section 126 apply to regulations made under subsection (2) as they apply to regulations under Part 3.
The power to make an order under section 157(1) includes power to make an order prescribing fees in respect of anything which, by virtue of an Order in Council under this Part, is required to be done by or on behalf of the Registrar General for Northern Ireland.
An Order in Council under section 210, 211, 239, 240, 241 or 242 may make—
different provision for different cases, and
such supplementary, incidental, consequential, transitional, transitory or saving provision as appears to Her Majesty to be appropriate.
The provision that may be made by virtue of subsection (1)(b) includes in particular provision corresponding to or applying with modifications any provision made by or under—
this Act, or
any Act relating to marriage outside the United Kingdom.
A statutory instrument containing an Order in Council under section 210, 211, 239, 240, 241 or 242 is subject to annulment in pursuance of a resolution of either House of Parliament.
Subsection (3) applies whether or not the Order also contains other provisions made by Order in Council under—
In sections 210, 211, 239, 240 and 241 “prescribed” means prescribed by an Order in Council under the section in question.
In this Part “United Kingdom national” means a person who is—
a British citizen, a British overseas territories citizen, a British Overseas citizen or a British National (Overseas),
a British subject under the British Nationality Act 1981 (c. 61), or
a British protected person, within the meaning of that Act.
In this Part “Her Majesty’s forces” has the same meaning as in the Armed Forces Act 2006.
In any provision to which this section applies, references to a stepchild or step-parent of a person (here, “A”), and cognate expressions, are to be read as follows—
For the purposes of any provision to which this section applies—
“subordinate legislation” has the same meaning as in the Interpretation Act 1978 (c. 30) except that it includes any instrument made under an Act of the Scottish Parliament and any instrument within the meaning of section 1(c) of the Interpretation Act (Northern Ireland) 1954 (1954 c. 33 (N.I.));
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
any reference to forbidding the issue of a civil partnership schedule were a reference to forbidding the Registrar General to give authority for the issue of his licence, and
sub-paragraph (6) referred to the court giving its consent under paragraph 10(2) or (5).
If— Chapter 1 of Part 2 applies with the modifications given in paragraphs 4 to 6.
each of the parties gives a notice of proposed civil partnership during the relevant period, and
on doing so, each makes an election under this paragraph,
and
Amend section 3 (protected occupiers by succession) as follows. For subsection (2) (succession by surviving spouse) substitute— In subsection (3) (succession by other family members)— After subsection (3) insert—
In section 54(2) (protected shorthold tenancy etc. may not be assigned except in pursuance of certain orders), after paragraph (c) insert, or
and,
Amend section 15 (relevant and exempted disposals) as follows. In subsection (5)(b) (meaning of “qualifying person” in the definition of “exempted disposal”), after “the spouse or a former spouse” insert “, or the civil partner or a former civil partner,”. In subsection (6) (disposals in pursuance of certain orders are exempt), after paragraph (d) insert; or
The court may make one or more property adjustment orders— In this Schedule “property adjustment order” means a property adjustment order under this Part.
The power to make a property adjustment order under paragraph 7(1)(a) is subject to paragraph 44(1) and (5) (restrictions on making orders in favour of children who have reached 18).
Sub-paragraph (2) applies if an application for a dissolution, nullity or separation order has been made. Subject to sub-paragraph (3), proceedings for— may be begun (subject to and in accordance with rules of court), at any time after the presentation of the application. Rules of court may provide, in such cases as may be prescribed by the rules that—
Subject to sub-paragraph (5)— is to be made in favour of a child who has reached 18. The term to be specified in a periodical payments or secured periodical payments order in favour of a child may begin with— The term to be specified in such an order— In sub-paragraph (3)(a) “compulsory school age” has the meaning given in Article 46 of the Education and Libraries (Northern Ireland) Order 1986 (S.I. 1986/594 (N.I. 3)). Sub-paragraphs (1) and (3)(b) do not apply in the case of a child, if it appears to the court that— A periodical payments order in favour of a child, regardless of anything in the order, ceases to have effect on the death of the person liable to make payments under the order, except in relation to any arrears due under the order on the date of the death. If— the term to be specified in any such order made on that application may be expressed to begin on, or at any time after, the earliest permitted date. “The earliest permitted date” is whichever is the later of— If— the term to be specified in any such order made on that application may begin with the date on which that maintenance calculation ceased to have effect or any later date. “The relevant date” means the date on which the maintenance calculation ceased to have effect. In this Schedule “maintenance calculation” has the same meaning as it has in the 1991 Order.
On an application to it by one of the civil partners, the court may make any one or more of the orders set out in paragraph 2 if it is satisfied that the other civil partner— The power of the court under sub-paragraph (1) is subject to the following provisions of this Schedule.
If an application is made for an order under this Part, the court, in deciding— must have regard to all the circumstances of the case, giving first consideration to the welfare while under 18 of any child of the family who has not reached 18.
whether to exercise its powers under this Part, and
if so, in what way,
If before the hearing of any evidence in proceedings on an application for an order under this Part a statement is made to the court by or on behalf of the civil partners showing a possibility of reconciliation between them, the court must adjourn the proceedings for such period as it thinks fit. If at any stage of the proceedings on an application for an order under this Part it appears to the court that there is a reasonable possibility of a reconciliation between the civil partners, the court may adjourn the proceedings for such period as it thinks fit to enable attempts to be made to effect a reconciliation. If the court adjourns any proceedings under sub-paragraph (1) or (2), it may request that— should attempt to effect a reconciliation between the civil partners. If any such request is made, the person— The powers conferred by this paragraph are additional to any other power of the court to adjourn proceedings.
In this Part “financial provision” means any one or more of the following— Any reference in this Part to the financial provision specified in an application under this Part or a request under paragraph 14 or specified by the court is a reference—
This paragraph applies if on an application under this Part or a request under paragraph 14 the court decides— If the court is of the opinion— then, if both the civil partners agree, the court may order the applicant or the respondent (as the case may be) is to make that other financial provision.
The orders are— “Specified” means specified in the order.
Paragraphs 4 to 6 apply in relation to an application for an order under this Part as they apply in relation to an application for an order under Part 1, subject to the modification that for the reference in paragraph 5(2)(c) to the occurrence of the conduct which is alleged as the ground of the application substitute a reference to the living apart of the civil partners.
If— the court must not dismiss or make a final order on the application until it has decided whether to exercise any of its powers under the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2)) with respect to the child.
an application is made by a civil partner for an order under Part 1, 2 or 3, and
there is a child of the family who is under 18,
If— that civil partner shall not be entitled to make, in relation to the civil partnership, an application for an order under paragraph 9 or 13. The reference in sub-paragraph (1) to the forming of a subsequent civil partnership or marriage includes a reference to the forming of a civil partnership or marriage which is by law void or voidable.
Paragraphs 7 and 8 apply where—
one of the civil partners has been granted leave under paragraph 4, and
acting under the leave, that civil partner makes an application for an order under paragraph 9 or 13.
Sub-paragraphs (2) and (3) apply where one of the civil partners has made an application for an order under this paragraph. If the civil partnership has been dissolved or annulled, the court may on the application make any one or more of the orders which it could make under Part 1, 2 or 3 of Schedule 15 (financial provision, property adjustment and pension sharing) if a dissolution order or nullity order had been made in respect of the civil partnership under Chapter 2 of Part 4 of this Act. If the civil partners have been legally separated, the court may on the application make any one or more of the orders which it could make under Part 1 or 2 of Schedule 15 (financial provision and property adjustment) if a separation order had been made in respect of the civil partners under Chapter 2 of Part 4 of this Act. The powers under sub-paragraphs (2) and (3) are subject to paragraph 11.
On an application for a consent order under paragraph 9, the court may make an order in the terms agreed on the basis only of the prescribed information furnished with the application. Sub-paragraph (1) does not apply if the court has reason to think that there are other circumstances into which it ought to inquire. Sub-paragraph (1) applies to an application for a consent order varying or discharging an order under paragraph 9 as it applies to an application for such an order. Sub-paragraph (1) applies despite paragraph 10. In this paragraph—
Sub-paragraphs (2) and (3) apply where one of the civil partners (“A”) is granted leave under paragraph 4 to make an application for an order under paragraph 9. If the court is satisfied, on application by A, that the other civil partner (“B”) is, with the intention of defeating a claim by A, about to— it may make such order as it thinks fit for restraining B from doing so or otherwise for protecting the claim. If the court is satisfied, on application by A— it may make an order setting aside the disposition. If— the court may make an order setting aside the disposition. Where the court has jurisdiction to entertain an application for an order under paragraph 9 only under paragraph 7(4), it shall not make any order under sub-paragraph (2), (3) or (4) in respect of any property other than the dwelling-house concerned. Where the court makes an order under sub-paragraph (3) or (4) setting aside a disposition, it shall give such consequential directions as it thinks fit for giving effect to the order (including directions requiring the making of any payments or the disposal of any property). For the purposes of sub-paragraphs (3) and (4), but subject to sub-paragraph (8), any disposition made by B is a “reviewable disposition” (whether made before or after the commencement of A’s application under that sub-paragraph). A disposition made by B is not a reviewable disposition for those purposes if made for valuable consideration (other than formation of a civil partnership) to a person who, at the time of the disposition, acted in relation to it in good faith and without notice of any intention on the part of B to defeat A’s claim. A reference in this paragraph to defeating a claim by one of the civil partners is a reference to—
Amend Article 3 (meaning of a person’s family) as follows. In paragraph (1)(a)— In paragraph (2)(a), after “a relationship by marriage” insert “or civil partnership”.
This Part of this Schedule applies if the civil partnership is to be formed in Scotland.
Part 3 of this Act has effect in any case where this Part of this Schedule applies subject to any necessary modification. An expression used in this Part of this Schedule and in Part 3 of this Act has the same meaning as in that Part.
In Schedule 1 (definition of “relative”), amend paragraph 1 as follows. In sub-paragraph (a)— After sub-paragraph (e), omit “and”. After sub-paragraph (f), insertand.
In section 61(2) (interpretation), for “or husband” substitute “, husband or civil partner”.
Omit— In section 14 (issue of civil partnership schedule), for subsection (1) substitute— For section 17 (period during which registration may take place) substitute—
Amend section 4 (statutory tenants and tenancies) as follows. For subsection (3) (surviving spouse’s statutory tenancy) substitute— In subsection (4) (statutory tenancy for other family members)— For subsection (5A) (references to original occupier’s spouse include person living with occupier as his or her wife or husband) substitute—
In section 76(3) (which amends provisions of the Rent (Agriculture) Act 1976 replaced by this Schedule), for “sections 3(2) and (3)(a) and 4(3) and (4)(a)” substitute “sections 3(3)(a) and 4(4)(a)”.
Amend sections 62 and 140 (meaning of “member of a person’s family” in Part 1 and in Chapter 1 of Part 5) as follows. In subsection (1)(a)— In subsection (2)(a), after “a relationship by marriage” insert “or civil partnership”.
In Article 13 (persons qualified to succeed tenant under an introductory tenancy), in paragraph (a), after “spouse” insert “or civil partner”.
In section 18 (house-bound persons), in subsection (3)—
treat the reference to the standard procedure as a reference to the standard procedure as modified by this Schedule, and
omit paragraph (c) (which provides for a 3 month registration period).
In section 31(3)(c) (power of Secretary of State and National Assembly for Wales to require information about occupiers of housing accommodation associated with agricultural or forestry land), after “who has been married to” insert “, or has been the civil partner of,”.
In section 132 (introductory tenancies: cases where tenant is successor), after subsection (2) insert—
Article 14 (cases where tenant is a successor), in paragraph (2), after sub-paragraph (c) insert—.
In section 19 (detained persons), in subsection (3)—
treat the reference to the standard procedure as a reference to the standard procedure as modified by this Schedule, and
omit paragraph (c) (which provides for a 3 month registration period).
In paragraph 1 of Case 9 in Part 1 of Schedule 4 (discretionary grounds for possession: dwelling required as residence for member of landlord’s family), after “husband” (in each place) insert “or civil partner”.
Amend section 133 (succession to introductory tenancy) as follows. In subsection (2)(a) (spouse of deceased tenant is preferred successor), after “spouse” insert “or civil partner”. In subsection (3)(a) (tenancy ceases to be introductory on vesting otherwise than in pursuance of certain orders), after “parents)” in sub-paragraph (iii) insert, or.
Amend Article 15 (persons qualified to succeed tenant under an introductory tenancy) as follows. In paragraph (2)(a), after “spouse” insert “or civil partner”. In paragraph (3)(a), after head (iv) insert—.
In section 134(2)(a) (introductory tenancy may not be assigned except in pursuance of certain orders), after “parents)” in sub-paragraph (iii) insert, or.
Article 16 (assignment in general prohibited), in paragraph (2)(a), after head (iv) insert—.
In section 143H(5)(a) (two or more successors to demoted tenancy), for “spouse or (if the tenant has no spouse)” substitute “spouse or civil partner or (if the tenant has neither spouse nor civil partner)”.
In Article 28 (interpretation of Part 3), in the definition of “partner”—
after “spouse” (in both places) insert “or civil partner”, and
after “husband or wife” insert “or as if they were civil partners”.
In section 143I(3) (tenancy does not cease to be demoted tenancy if vested pursuant to certain orders), after paragraph (c) insert—
For paragraphs (a) and (b) of section 143J(5) (successor by assignment to secure tenancy terminated by demotion order) substitute—
In section 143K(2) (demoted tenancy may be assigned only in pursuance of certain orders), after paragraph (c) insert—
Amend section 143P (meaning of “member of another’s family”) as follows. In subsection (1)(a), after “spouse” insert “or civil partner”. In subsection (3)(a), after “marriage” insert “or civil partnership”.
In section 160 (cases where provisions about allocations do not apply), in each of subsections (2)(e) and (3)(d) (cases where secure or introductory tenancy vests etc. in pursuance of certain orders), after sub-paragraph (iii) insert, or
Amend section 178 (meaning of “associated person” in Part 7) as follows. In subsection (1), after paragraph (a) insert—. In subsection (1), after paragraph (e) insert—. “civil partnership agreement” has the meaning given by section 73 of the Civil Partnership Act 2004; “cohabitants” means— and “former cohabitants” shall be construed accordingly; In subsection (3), in each of paragraphs (a) and (b) of the definition of “relative”, for “spouse or former spouse” substitute “spouse, civil partner, former spouse or former civil partner”. In paragraph (b) of that definition, for “affinity” substitute “marriage or civil partnership”.
“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.
For the purposes of this Schedule the relevant period is the period—
beginning with the issue of the full gender recognition certificate, and
ending at the end of 1 month from the day on which it is issued.
In section 6(1), after “widower, widow” (in both places) insert “, surviving civil partner”.
In section 1(1) (fixed net sum payable to surviving spouse of person dying intestate), for “husband or wife” substitute “spouse or civil partner”.
The orders are— “Specified” means specified in the order.
The power to make an order under paragraph 2(1)(d), (e) or (f) is subject to paragraph 49(1) and (5) (restrictions on orders in favour of children who have reached 18).
The matters to which the court is to have regard under paragraph 21(2)(a) include any pension benefits under a pension arrangement or by way of pension which a civil partner has or is likely to have; and, accordingly, in relation to any pension benefits paragraph 21(2)(a)(ii) has effect as if “in the foreseeable future” were omitted. The matters to which the court is to have regard under paragraph 21(2)(h) include any pension benefits which, because of the making of a dissolution or nullity order, a civil partner will lose the chance of acquiring. “Pension benefits” means—
If— the Part 1 order has effect as if it had been made instead in respect of the person responsible for the new arrangement.
a Part 1 order made by virtue of paragraph 25 or 26 imposes any requirement on the person responsible for a pension arrangement (“the first arrangement”),
the civil partner with pension rights acquires rights under another pension arrangement (“the new arrangement”) which are derived (directly or indirectly) from the whole of that civil partner’s rights under the first arrangement, and
the person responsible for the new arrangement has been given notice in accordance with regulations made by the Lord Chancellor,
This paragraph applies to an order under Part 1 if— From the time the trustees or managers of the scheme receive the transfer notice, the order has effect with such modifications as may be prescribed by regulations.
Regulations may make such consequential modifications of any provision of, or made by virtue of, this Schedule as appear to the Lord Chancellor necessary or expedient to give effect to the provisions of this Part.
This paragraph applies if the court decides to make— The court may direct that the matter be referred to one of the conveyancing counsel of the court for him to settle a proper instrument to be executed by all necessary parties. If the order referred to in sub-paragraph (1) is to be made in proceedings for a dissolution, nullity or separation order, the court may, if it thinks fit, defer the making of the dissolution, nullity or separation order until the instrument has been duly executed.
Sub-paragraphs (2) and (3) apply if an appeal against a pension sharing order is begun on or after the day on which the order takes effect. If the pension sharing order relates to a person’s rights under a pension arrangement, the appeal court may not set aside or vary the order if the person responsible for the pension arrangement has acted to his detriment in reliance on the order taking effect. If the pension sharing order relates to a person’s shareable state scheme rights, the appeal court may not set aside or vary the order if the Secretary of State has acted to his detriment in reliance on the taking effect of the order. In determining for the purposes of sub-paragraph (2) or (3) whether a person has acted to his detriment in reliance on the taking effect of the order, the appeal court may disregard any detriment which in its opinion is insignificant. Where sub-paragraph (2) or (3) applies, the appeal court may make such further orders (including one or more pension sharing orders) as it thinks fit for the purpose of putting the parties in the position it considers appropriate. Paragraph 19 only applies to a pension sharing order under this paragraph if the decision of the appeal court can itself be the subject of an appeal. In sub-paragraph (2), the reference to the person responsible for the pension arrangement is to be read in accordance with paragraph 29(3).
The orders are— The amount of a lump sum required to be paid under sub-paragraph (1)(b) or (d) must not exceed— The power to make an order under sub-paragraph (2) is exercisable by statutory instrument which is subject to annulment in pursuance of a resolution of either House of Parliament. “Specified” means specified in the order.
This paragraph applies in relation to the exercise by the court of its power to make an order by virtue of paragraph 2(1)(a) or (b). The court must in particular have regard to—
If on hearing an application for an order under this Part a magistrates' court is of the opinion that any of the matters in question between the civil partners would be more conveniently dealt with by the High Court, the magistrates' court must refuse to make any order on the application. No appeal lies from a refusal under sub-paragraph (1). But, in any proceedings in the High Court relating to or comprising the same subject matter as an application in respect of which a magistrates' court has refused to make any order, the High Court may order the application to be reheard and determined by a magistrates' court acting for the same local justice area as the court which refused to make any order.
If a magistrates' court has made an order for the making of periodical payments under Part 1, 2 or 3, the court may, on an application made under this Part— If a magistrates' court has made an interim order under Part 4, the court may, on an application made under this Part— except that it may not by virtue of this sub-paragraph extend the period for which the order is in force.
Amend section 85 (extended discretion of court in certain proceedings for possession) as follows. In subsection (5)— In subsection (5A)—
Amend section 61 (matrimonial rights) as follows. For “matrimonial home rights (within the meaning of section 30(2) of the Family Law Act 1996 (c. 27) (matrimonial home))” substitute “home rights (within the meaning of section 30(2) of the Family Law Act 1996 (c. 27) (rights in respect of matrimonial or civil partnership home))”. In the heading to section 61 for “Matrimonial” substitute “Home”.
Two people are within prohibited degrees of relationship if one of them falls within the list below in relation to the other, unless— “Child of the family”, in relation to another person, means a person who—
The court may specify in a periodical payments order made under paragraph 2(1)(a) or Part 3 in favour of a civil partner such term as it thinks fit, except that the term must not— If— the periodical payments order ceases to have effect (regardless of anything in it) on the formation of a subsequent civil partnership or marriage by that civil partner, except in relation to any arrears due under the order on the date of that event. If a periodical payments order ceases to have effect by virtue of sub-paragraph (2) on the formation of a subsequent civil partnership or marriage by a person, that person must give notice of the subsequent civil partnership or marriage to the court. Any person who without reasonable excuse fails to give notice as required by sub-paragraph (3) is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Sub-paragraph (2) applies if periodical payments are required to be made to a civil partner (whether for the civil partner’s own benefit or for the benefit of a child of the family)— The order is enforceable even if— but the order ceases to have effect if after that date the civil partners continue to live with each other, or resume living with each other, for a continuous period exceeding 6 months. Sub-paragraph (4) applies if— Unless the court otherwise directs, the order continues to have effect and is enforceable even if— An order made under Part 3, and any interim order made on an application for an order under that Part, ceases to have effect if the civil partners resume living with each other. If an order made under this Schedule ceases to have effect under— the court may, on an application made by either civil partner, make an order declaring that the order ceased to have effect from such date as the court may specify. If an order made under this Schedule ceases to have effect under sub-paragraph (2) or (5), the civil partners shall give notice of that fact to the court straight away.
If it appears to the court, on application by one of the persons (“A”) who formed a civil partnership— the court may make such order as it thinks fit for restraining B from taking such action as is mentioned in paragraph (c). Sub-paragraph (1) applies even if the date of the dissolution, annulment or legal separation is earlier than the date on which that sub-paragraph comes into force. Sub-paragraph (4) applies where— It shall be presumed, unless the contrary is shown, that the person who— did so, or (as the case may be) is about to do so, with the intention of defeating the applicant’s claim. A reference in this paragraph to defeating a person’s claim is a reference to preventing financial relief being granted, or reducing the amount of financial relief which might be granted, under paragraph 5 or 9 at the instance of that person.
This Part of this Schedule applies if the civil partnership is to be formed in England and Wales by signing a civil partnership schedule.
The fact that a notice of proposed civil partnership has been given must not be recorded in the register unless the registration authority is satisfied by the production of specified evidence that the person fulfils the qualifying condition. “Specified evidence” means such evidence as may be specified in guidance issued by the Registrar General.
Notice under section 88— Before making any regulations under this paragraph the Secretary of State must consult the Registrar General.
A civil partnership notice given by a person subject to immigration control must be accompanied by a statement that the person fulfils the qualifying condition (and the reason why).
In section 2 (restoration of forfeited pension), in subsection (2), after “wife,” insert “civil partner,”.
In section 2 (extension of power to grant pensions, etc.), in subsection (1), after “widows” insert “and surviving civil partners”.
In section 1 (extension of objects of soldiers' effects fund), in subsection (1)—
for “widows or children” substitute “widows, surviving civil partners or children”, and
after “widows,” insert “surviving civil partners,”.
In section 59 (orders for periodical payments: means of payment), in subsection (7)(b), after “Domestic Proceedings and Magistrates' Courts Act 1978” insert “or Schedule 6 to the Civil Partnership Act 2004”.
In section 18(1) (restrictions on appeals to Court of Appeal), before paragraph (g) insert—.
Amend section 14 (service qualification) as follows. In subsection (1)(d), for “wife or husband” substitute “spouse or civil partner”. For subsection (1)(e) substitute—.
In section 29(1) (family or representatives may use deceased optician’s title for three years), in paragraphs (b) and (d), for “his widow” substitute “his surviving spouse or his surviving civil partner”.
Amend section 1(3) (jurisdiction of Court of Session to entertain action of declarator) as follows. In paragraph (b)(i), after “spouse” insert “or civil partner”. After paragraph (b) insert; or
Amend section 65 (meaning of family proceedings) as follows. After subsection (1)(c) insert—. After subsection (1)(ee) insert—. After subsection (1)(j) insert—.
Amend section 72 (withdrawal of privilege against incrimination of self or spouse in certain proceedings) as follows. In subsection (1), after “spouse” insert “or civil partner”. In subsection (3), for “married after the making of the statement or admission) against the spouse” substitute “married or became civil partners after the making of the statement or admission) against the spouse or civil partner”.
In section 16 (contents of service declaration), for “wife or husband” substitute “spouse or civil partner”.
Amend section 3 (effect of decree) as follows. In subsection (1), after “marriage” insert “or of a civil partnership”. In subsection (3)—
In this Part “regulations” means regulations made by the Lord Chancellor. A power to make regulations under this Part is exercisable by statutory instrument which is subject to annulment in pursuance of a resolution of either House of Parliament.
In section 99B (persons qualifying for compensation) in subsection (2)(f), after “spouse, former spouse,” insert “civil partner, former civil partner,”.
Two people are within prohibited degrees of relationship if one falls within column 1 of the table below in relation to the other, unless—
both of them have reached 21 at the time when they register as civil partners of each other, and
the persons who fall within column 2 are dead. Relationship Relevant deaths Former civil partner of child The child The child’s other parent Former spouse of child The child The child’s other parent Parent of former civil partner The former civil partner The former civil partner’s other parent Parent of former spouse The former spouse The former spouse’s other parent
In section 101 (rent not to be increased on account of tenant’s improvements) in subsection (3)(d), after “spouse, former spouse,” insert “civil partner, former civil partner,”.
In paragraph 3 of Schedule 1 (business assigned to Family Division of High Court), after sub-paragraph (h) insert—
In section 59 (supplemental provisions as to members of forces and service voters), in subsection (3)(b), for “by him and any wife of his or, as the case may be, by her and any husband of hers,” substitute “by that person and any spouse or civil partner of that person”.
In section 61 (other voting offences), in subsection (4), for “husband, wife,” substitute “spouse, civil partner,”.
In section 141 (duty to answer relevant questions), in subsections (1)(a)(i) and (2)(a), for “husband or wife,” substitute “spouse or civil partner,”.
Amend Schedule 1 (parliamentary elections rules) as follows. In rule 11(4), for “wife or husband” substitute “spouse or civil partner”. In rule 35(2), for “husband (wife),” (in both places) substitute “spouse, civil partner,”. In rule 39(3)(b), for “husband, wife,” substitute “spouse, civil partner,”. In rule 44(2)(b), for “wives or husbands” substitute “spouses or civil partners”.
Section 246 applies to—
any provision listed in Schedule 21 (references to stepchildren, in-laws etc. in existing Acts),
except in so far as otherwise provided, any provision made by a future Act, and
except in so far as otherwise provided, any provision made by future subordinate legislation.
A Minister of the Crown may by order—
amend Schedule 21 by adding to it any provision of an existing Act;
provide for section 246 to apply to prescribed provisions of existing subordinate legislation.
The power conferred by subsection (2) is also exercisable—
by the Scottish Ministers, in relation to a relevant Scottish provision;
by a Northern Ireland department, in relation to a provision which deals with a transferred matter;
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.
Subject to subsection (5), the power to make an order under subsection (2) is exercisable by statutory instrument.
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)).
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.
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.
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.))).
In this section—
“family” means the civil partners in the civil partnership, together with any child , grandchild or person so treated by them.
In this Part— References in this Part to the Board assuming responsibility for a scheme are to the Board assuming responsibility for the scheme in accordance with—
This paragraph applies if any arrears are due under— and the arrears became due more than 12 months before proceedings to enforce the payment of them are begun. A person is not entitled to enforce through the High Court or any county court the payment of the arrears without the leave of that court. The court hearing an application for the grant of leave under this paragraph may— An application for the grant of leave under this paragraph must be made in such manner as may be prescribed by rules of court.
If a maintenance agreement includes a provision purporting to restrict any right to apply to a court for an order containing financial arrangements—
that provision is void, but
any other financial arrangements contained in the agreement—
are not void or unenforceable as a result, and
unless void or unenforceable for any other reason, are (subject to paragraphs 69 and 73) binding on the parties to the agreement.
If a court decides to make an order under paragraph 69 altering an agreement— it may specify such term as it thinks fit as the term for which the payments or, as the case may be, the additional payments attributable to the increase are to be made under the altered agreement, except that the term must not extend beyond the limits in sub-paragraphs (2) and (3). The limits if the payments are not to be secured are— The limits if the payments are to be secured are— Sub-paragraph (5) applies if a court decides to make an order under paragraph 69 altering an agreement by— The court, in deciding the term for which under the agreement as altered by the order— must apply paragraph 49(2) to (5) (age limits) as if the order in question were a periodical payments or secured periodical payments order in favour of the child.
The fact that— had to be made in order to comply with a property adjustment order does not prevent the settlement or transfer from being a transaction in respect of which an order may be made under section 339 or 340 of the Insolvency Act 1986 (c. 45) (transfers at an undervalue and preferences).
a settlement, or
a transfer of property,
References in this Schedule to— are references to such of the orders that may be made under Parts 1 and 9 (other than interim orders) as are relevant in the context of the reference in question. In this Schedule “child of the family”, in relation to two people who are civil partners of each other, means— In this Schedule “the court” (except where the context otherwise requires) means— References in this Schedule to a subsequent civil partnership include a civil partnership which is by law void or voidable. References in this Schedule to a subsequent marriage include a marriage which is by law void or voidable.
If— the other civil partner may apply to a magistrates' court for an order under this Part. An application made under sub-paragraph (1) must specify the total amount of the payments made by the respondent during the period of 3 months immediately preceding the date of the making of the application. If on an application for an order under this Part the court is satisfied that the respondent has made the payments specified in the application, the court may make one or both of the orders set out in paragraph 16. Sub-paragraph (3) is subject to the provisions of this Schedule.
Sub-paragraph (2) applies if on an application under this Part the court considers that the orders which it has the power to make under this Part— The court—
An interim order is an order requiring the respondent to make such periodical payments as the court thinks reasonable— In relation to an interim order in respect of an application for an order under Part 2 by the civil partner who has agreed to make the financial provision specified in the application, sub-paragraph (1) applies as if—
Subject to sub-paragraphs (2) and (3), an interim order made on an application for an order under Part 1, 2 or 3 ceases to have effect on the earliest of the following dates— If an interim order made under this Part would, but for this sub-paragraph, cease to have effect under sub-paragraph (1)(a) or (b)— may by order provide that the interim order is to continue in force for a further period. An order continued in force under sub-paragraph (2) ceases to have effect on the earliest of the following dates—
Subject to sub-paragraph (5), no order is to be made under paragraph 2(1)(c) or (d) or Part 3 in favour of a child who has reached 18. The term to be specified in a periodical payments order made under paragraph 2(1)(c) or Part 3 in favour of a child may begin with— The term to be specified in such an order— Sub-paragraph (3)(a) must be read with section 8 of the Education Act 1996 (c. 56) (which applies to determine for the purposes of any enactment whether a person is of compulsory school age). Sub-paragraphs (1) and (3)(b) do not apply in the case of a child if it appears to the court that— Any order made under paragraph 2(1)(c) or Part 3 in favour of a child, regardless of anything in the order, ceases to have effect on the death of the person liable to make payments under the order. If— the term to be specified in any such order made on that application may be expressed to begin on, or at any time after, the earliest permitted date. “The earliest permitted date” is whichever is the later of— If— the term to be specified in any such order, or in any interim order under Part 4, made on that application, may begin with the date on which that maintenance calculation ceased to have effect or any later date. “The relevant date” means the date on which the maintenance calculation ceased to have effect. In this Schedule “maintenance calculation” has the same meaning as it has in the 1991 Act by virtue of section 54 of the 1991 Act as read with any regulations in force under that section.
An order made under this Part which varies an order for the making of periodical payments may provide that the payments as so varied are to be made from such date as the court may specify, except that, subject to paragraph 33, the date must not be earlier than the date of the making of the application under this Part.
In section 205(1)(xxi) (which defines “valuable consideration” as including marriage), after “includes marriage” insert “, and formation of a civil partnership,”.
In section 13(1) (definition of “member of the family”), after “the wife or husband of the tenant,” insert “the civil partner of the tenant,”.
Amend section 1 (marriages within prohibited degrees) as follows. In subsection (1), for the words from “between a man” to “the said Part I,” substitute “between a person and any person mentioned in the list in Part 1 of Schedule 1”. In subsection (2), for the words from “between a man” to “the said Part II,” substitute “between a person and any person mentioned in the list in Part 2 of Schedule 1”. In subsection (4), for the words from “between a man” to “the said Part III” substitute “between a person and any person mentioned in the list in Part 3 of Schedule 1”. In subsection (5) for paragraphs (a) to (d) substitute— Omit subsections (6) to (8).
In section 17(c) (benevolent fund: distressed relatives eligible for relief), for “widows,” substitute “surviving spouses, surviving civil partners,”.
In section 2 (exception for premises in which only employer’s relatives or outworkers work), in subsection (1), after “wife” insert “, civil partner”.
Amend section 30 (husband and wife) as follows. In subsections (4) and (5), after “wife or husband” in each place except paragraph (a)(ii) to the proviso to subsection (4) insert “or civil partner”. At the end of paragraph (a)(ii) to the proviso insertor, and omit “or” at the end of paragraph (a)(i) to the proviso. For the heading to section 30 substitute “Spouses and civil partners”.
In Schedule 2 (grant, renewal, cancellation and transfer of licences), in paragraph 35A(8)(a) for “wife or husband” substitute “spouse or civil partner”.
In Schedule 8 (meaning of “maintenance order” in Part 2 of the Act and in the Maintenance Orders Act 1958), after paragraph 14 insert—
In section 5(4) (members of another’s family for purposes of deportation)—
in paragraph (a), after “his wife” insert “or civil partner,” and
in paragraph (b), after “her husband” insert “or civil partner,”.
In section 30 (offences in connection with exercise of powers under section 29), in subsection (6) for “married) the husband or wife” substitute “married or a civil partner) the spouse or civil partner”.
In section 165 (obstruction of authorised officers), in subsection (3), for “married) the husband or wife” substitute “married or a civil partner) the spouse or civil partner”.
In section 82(5) (general interpretation: meaning of “near relative”)
after “wife or husband” (in both places) insert “or civil partner”, and
for “by affinity)” substitute “by marriage or civil partnership)”.
In section 4 (duration of orders for financial provision for a party to a marriage), in subsection (2)—
after “remarriage of” insert “, or formation of a civil partnership by,”, and
after “the remarriage” insert “or formation of the civil partnership”.
Amend section 31(1) (interpretation) as follows. “civil partner” includes former civil partner; In the definition of “relative”—
In section 19 (members' interests) in subsection (7), after “spouse” insert “or civil partner”.
In section 10 (family proceedings in magistrates' courts and related matters), in subsection (1), after “Domestic Proceedings and Magistrates' Courts Act 1978” insert “or Schedule 6 to the Civil Partnership Act 2004”.
In section 77 (information on appointed actuary to be annexed to balance sheet), in subsection (3)(a), after “spouse” insert “or civil partner”.
In section 101E(1)(b) after “or widower” insert “or surviving civil partner”.
In section 57A (time off for dependants), in subsection (3)(a), after “spouse” insert “or civil partner”.
In section 7 (power of courts to make orders for preserving evidence etc.), in subsection (7), after “spouse” insert “or civil partner”.
Amend section 23 (supply of pension information in connection with divorce etc.) as follows. After subsection (1)(a)(i) insert—. In subsection (1)(a)(ii)— In subsection (1)(a)(iii) for “(corresponding Northern Ireland powers);” substitute(Northern Ireland powers corresponding to those mentioned in sub-paragraph (i)), or. In subsection (1)(b), for “or (iii)” substitute “(ia), (iii) or (iv)”.
In section 422 (controller), in subsection (4)(a), after “spouse” insert “or civil partner”.
In section 27 (notice of marriage), in subsection (3), for “the name and surname, marital status, occupation, place of residence and nationality of each of the persons to be married” substitute “the name and surname, occupation, place of residence and nationality of each of the persons to be married, whether either of them has previously been married or formed a civil partnership and, if so, how the marriage or civil partnership ended”.
In section 31 (effect on civil proceedings and rights), in subsection (1)—
for “wife or husband” substitute “spouse or civil partner”, and
for “married after the making of the statement or admission) against the wife or husband” substitute “married or became civil partners after the making of the statement or admission) against the spouse or civil partner”.
Amend section 184 (associates) as follows. For subsection (1) substitute— In subsection (2), after “husband or wife” insert “or civil partner”. In subsection (5)—
Amend section 35 (orders for repayment in certain cases of sums paid after cessation of order by reason of remarriage) as follows. In subsection (1)— In subsection (7)— In the heading to section 35, after “remarriage” insert “or formation of civil partnership”.
In section 69 (companies subject to local authority influence), in subsection (6)(c), after “spouse” insert “or civil partner”.
In section 58A (conditional fee agreements: supplementary), omit “and” at the end of subsection (2)(f) and insert—.
In section 119A (meaning of “associate”), in subsection (1)(a), after “wife or husband” insert “or civil partner”.
Amend section 24 (charges by pension arrangements in relation to earmarking orders) as follows. After paragraph (a) insert—. At the end of paragraph (b) omit “or” and after paragraph (c) insert, or
In Schedule 11 (offers of securities), in paragraph 16(2), after “wife, husband, widow, widower” insert “, civil partner, surviving civil partner,”.
If— the court may, in exercise of its powers under this Part to vary or revoke the order, direct that the variation or revocation is to take effect from the date on which the calculation took effect or any later date. If— the court may, in exercise of its powers under this Part to vary or revoke the civil partner’s order, direct that the variation or revocation is to take effect from the date on which the child order became so affected or any later date. For the purposes of sub-paragraph (2), an order is affected if it ceases to have effect or is modified by or under section 10 of the 1991 Act.
In section 28A (power to require evidence), for subsection (3) substitute—
In Schedule 2 (the activities of a friendly society), in Head A, in class II—
in the second column (description), after “Marriage” insert “, civil partnership”, and
in the third column (nature of business), after “sum on marriage” insert “or on the formation of a civil partnership”.
Amend section 28 (activation of pension sharing) as follows. After subsection (1)(a) insert—. After subsection (1)(d) insert—. In subsection (1)(f)— In subsection (1)(g), after “divorce etc.)” insert “or under Schedule 11 to the 2004 Act (financial provision in Scotland after overseas proceedings)”. In subsection (1)(h) for “Northern Ireland legislation, and” substitute “the Matrimonial Causes (Northern Ireland) Order 1978 (S.I. 1978/1045 (N.I. 15)),”. After subsection (1)(i) insert— In subsection (7)(a), omit “matrimonial”. In subsection (8)— In subsection (9)—
In section 78(1) (interpretation), in the definition of “child”, after ““child”” insert “, except where used to express a relationship,”.
Amend section 34 (“implementation period”) as follows. In subsection (1)(b)(i), omit “matrimonial”. In subsection (2)—
For Schedule 1 (kindred and affinity) substitute—
Amend section 48 (activation of benefit sharing) as follows. After subsection (1)(a) insert—. After subsection (1)(d) insert—. In subsection (1)(f)— In subsection (1)(g), after “divorce etc.)” insert “or under Schedule 11 to the 2004 Act (financial provision in Scotland after overseas proceedings)”. In subsection (1)(h) for “Northern Ireland legislation, and” substitute “the Matrimonial Causes (Northern Ireland) Order 1978 (S.I. 1978/1045 (N.I. 15)),”. After subsection (1)(i) insert— In subsection (6)(a), omit “matrimonial”. In subsection (7)— In subsection (8)—
Section 246 applies to—
any provision listed in Schedule 22 (references to stepchildren, etc. in Northern Ireland legislation),
except in so far as otherwise provided, any provision made by any future Northern Ireland legislation, and
except in so far as otherwise provided, any provision made by any future subordinate legislation.
The Department of Finance and Personnel may by order—
amend Schedule 22 by adding to it any provision of existing Northern Ireland legislation;
provide for section 246 to apply to prescribed provisions of existing subordinate legislation.
The power 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)).
An order under subsection (2) is subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 (1954 c. 33 (N.I.))).
In this section—
Schedule 23 contains provisions relating to the formation of civil partnerships in the United Kingdom by persons subject to immigration control.
Amend the Gender Recognition Act 2004 (c. 7) as follows.
In— after “is married” insert “ or a civil partner ”.
section 3 (evidence), in subsection (6)(a), and
section 4 (successful applications), in subsections (2) and (3),
In section 5 (subsequent issue of full certificates)—
in subsection (2), after “is again married” insert “ or is a civil partner ”,
in subsection (6)(a), for “is not married” substitute “ is neither married nor a civil partner ”, and
for the heading substitute “ Issue of full certificates where applicant has been married ”.
After section 5 insert—
In— after “5(2)” insert “ , 5A(2) ”.
section 7 (applications: supplementary), in subsection (1),
section 8 (appeals etc.), in subsections (1) and (5), and
section 22 (prohibition on disclosure of information), in subsection (2)(a),
In section 21 (foreign gender change and marriage), in subsection (4), after “entered into a later (valid) marriage” insert “ or civil partnership ”.
In section 25 (interpretation), in the definition of “full gender recognition certificate” and “interim gender recognition certificate”, for “or 5” substitute “ , 5 or 5A ”.
In Schedule 1 (Gender Recognition Panels), in paragraph 5, after “5(2)” insert “ , 5A(2) ”.
In Schedule 3 (registration), in paragraphs 9(1), 19(1) and 29(1), for “or 5(2)” substitute “ , 5(2) or 5A(2) ”.
Amend the Sex Discrimination Act 1975 (c. 65) as follows.
For section 3 (discrimination against married persons in employment field) substitute—
In section 5 (interpretation), for subsection (3) substitute—; and omit section 1(4).
In section 7 (exception where sex is a genuine occupational qualification), in subsection (2)(h) for “by a married couple” substitute— .
In section 65 (remedies on complaint under section 63), in subsection (1B) for “or marital status as the case may be” substitute “ or (as the case may be) fulfilment of the condition in section 3(2) ”.
Amend the Sex Discrimination (Northern Ireland) Order 1976 (S.I. 1976/1042 (N.I. 15)) as follows.
For Article 5 (discrimination against married persons in employment field) substitute—
For Article 7 (basis of comparison) substitute—; and omit Article 3(4).
In Article 10 (exception where sex is a genuine occupational qualification), in paragraph (2)(h) for “by a married couple” substitute—.
In Article 65 (remedies on complaint under Article 63), in paragraph (1B) for “or marital status as the case may be” substitute “ or (as the case may be) fulfilment of the condition in Article 5(2) ”.
Where two people are civil partners, each of them is to be presumed for the purposes of section 1 of the Life Assurance Act 1774 (c. 48) to have an interest in the life of the other.
For the purposes of section 3 of the 1774 Act, there is no limit on the amount of value of the interest.
Schedule 24 contains amendments relating to social security, child support and tax credits.
Subsection (3) applies in relation to any provision of any Act, Northern Ireland legislation or subordinate legislation which—
relates to social security, child support or tax credits, and
contains references (however expressed) to persons who are living or have lived together as husband and wife.
The power under section 259 to make orders amending enactments, Northern Ireland legislation and subordinate legislation is to be treated as including power to amend the provision to refer to persons who are living or have lived together as if they were civil partners.
Subject to subsection (5), section 175(3), (5) and (6) of the Social Security Contributions and Benefits Act 1992 (c. 4) applies to the exercise of the power under section 259 in relation to social security, child support or tax credits as it applies to any power under that Act to make an order (there being disregarded for the purposes of this subsection the exceptions in section 175(3) and (5) of that Act).
Section 171(3), (5) and (6) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7) applies to the exercise by a Northern Ireland department of the power under section 259 in relation to social security and child support as it applies to any power under that Act to make an order (there being disregarded for the purposes of this subsection the exceptions in section 171(3) and (5) of that Act).
The reference in subsection (2) to an Act or Northern Ireland legislation relating to social security is to be read as including a reference to— and the references in subsections (4) and (5) to social security are to be construed accordingly.
the Pneumoconiosis etc. (Workers' Compensation) Act 1979 (c. 41), and
the Pneumoconiosis, etc., (Workers' Compensation) (Northern Ireland) Order 1979 (S.I. 1979/925 (N.I. 9));
A Minister of the Crown may by order make such amendments, repeals or revocations in any enactment, Northern Ireland legislation, subordinate legislation or Church legislation relating to pensions, allowances or gratuities as he considers appropriate for the purpose of, or in connection with, making provision with respect to pensions, allowances or gratuities for the surviving civil partners or dependants of deceased civil partners.
The power conferred by subsection (1) is also exercisable—
by the Scottish Ministers, if the provision making the amendment, repeal or revocation is a relevant Scottish provision;
by a Northern Ireland department, if the provision making the amendment, repeal or revocation deals with a transferred matter.
In the case of judicial pensions, allowances or gratuities, the power conferred by subsection (1) is exercisable—
in relation to any judicial office whose jurisdiction is exercised exclusively in relation to Scotland, by the Secretary of State, or
subject to paragraph (a), by the Lord Chancellor.
The provision which may be made by virtue of subsection (1)—
may be the same as, or different to, the provision made with respect to widows, widowers or the dependants of persons who are not civil partners, and
may be made with a view to ensuring that pensions, allowances or gratuities take account of rights which accrued, service which occurred or any other circumstances which existed before the passing of this Act.
The power conferred by subsection (1) is not restricted by any provision of this Act.
Before the appropriate person makes an order under subsection (1) he must consult such persons as he considers appropriate.
Subsection (6) does not apply—
to an order in the case of which the appropriate person considers that consultation is inexpedient because of urgency, or
to an order made before the end of the period of 6 months beginning with the coming into force of this section.
Subject to subsection (9), the power to make an order under subsection (1) is exercisable by statutory instrument.
Any power of a Northern Ireland department to make an order under this section is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).
An order under subsection (1) may not be made—
by a Minister of the Crown, unless a draft of the statutory instrument containing the order has been laid before, and approved by a resolution of, each House of Parliament;
by the Scottish Ministers, unless a draft of the statutory instrument containing the order has been laid before, and approved by a resolution of, the Scottish Parliament;
by a Northern Ireland department, unless a draft of the statutory rule containing the order has been laid before, and approved by a resolution of, the Northern Ireland Assembly.
In this section—
Schedule 25 amends certain enactments relating to pensions.
Schedule 26 amends certain enactments relating to the armed forces.
This section applies to any power conferred by this Act to make regulations or an order (except a power of a court to make an order).
The power may be exercised so as to make different provision for different cases and different purposes.
The power includes power to make any supplementary, incidental, consequential, transitional, transitory or saving provision which the person making the regulations or order considers expedient.
A Minister of the Crown may by order make such further provision (including supplementary, incidental, consequential, transitory, transitional or saving provision) as he considers appropriate—
for the general purposes, or any particular purpose, of this Act,
in consequence of any provision made by or under this Act, or
for giving full effect to this Act or any provision of it.
The power conferred by subsection (1) is also exercisable—
by the Scottish Ministers, in relation to a relevant Scottish provision;
by a Northern Ireland department, in relation to a provision which deals with a transferred matter;
by the National Assembly for Wales, in relation to a provision which is made otherwise than by virtue of subsection (3) and deals with matters with respect to which functions are exercisable by the Assembly.
An order under subsection (1) may—
amend or repeal any enactment contained in an Act passed on or before the last day of the Session in which this Act is passed, including an enactment conferring power to make subordinate legislation where the power is limited by reference to persons who are or have been parties to a marriage;
amend, repeal or (as the case may be) revoke any provision contained in Northern Ireland legislation passed or made on or before the last day of the Session in which this Act is passed, including a provision conferring power to make subordinate legislation where the power is limited by reference to persons who are or have been parties to a marriage;
amend, repeal or (as the case may be) revoke any Church legislation.
An order under subsection (1) may—
provide for any provision of this Act which comes into force before another such provision has come into force to have effect, until that other provision has come into force, with such modifications as are specified in the order;
amend or revoke any subordinate legislation.
The power to make an order under subsection (1) is not restricted by any other provision of this Act.
Subject to subsection (7), the power to make an order under subsection (1) is exercisable by statutory instrument.
Any power of a Northern Ireland department to make an order under this section is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).
An order under subsection (1) which contains any provision (whether alone or with other provisions) made by virtue of subsection (3) may not be made—
by a Minister of the Crown, unless a draft of the statutory instrument containing the order has been laid before, and approved by a resolution of, each House of Parliament;
by the Scottish Ministers, unless a draft of the statutory instrument containing the order has been laid before, and approved by a resolution of, the Scottish Parliament;
by a Northern Ireland department, unless a draft of the statutory rule containing the order has been laid before, and approved by a resolution of, the Northern Ireland Assembly.
A statutory instrument containing an order under subsection (1) to which subsection (8) does not apply—
if made by a Minister of the Crown, is subject to annulment in pursuance of a resolution of either House of Parliament;
if made by the Scottish Ministers, is subject to annulment in pursuance of a resolution of the Scottish Parliament.
A statutory rule made by a Northern Ireland department and containing an order to which subsection (8) does not apply is subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.))).
In this section—
Subsection (2) applies where any person, by Order in Council or regulations under section 2(2) of the European Communities Act 1972 (c. 68) (general implementation of Treaties)—
is making provision for the purpose of implementing, or for a purpose concerning, an EU obligation of the United Kingdom which relates to persons who are or have been parties to a marriage, or
has made such provision and it has not been revoked.
The appropriate person may by Order in Council or (as the case may be) by regulations make provision in relation to persons who are or have been civil partners in a civil partnership that is the same or similar to the provision referred to in subsection (1).
“Marriage” and “civil partnership” include a void marriage and a void civil partnership respectively.
“The appropriate person” means—
if subsection (1)(a) applies, the person making the provision referred to there;
if subsection (1)(b) applies, any person who would have power to make the provision referred to there if it were being made at the time of the exercise of the power under subsection (2).
The following provisions apply in relation to the power conferred by subsection (2) to make an Order in Council or regulations as they apply in relation to the power conferred by section 2(2) of the 1972 Act to make an Order in Council or regulations—
paragraph 2 of Schedule 2 to the 1972 Act (procedure etc. in relation to making of Orders in Council and regulations: general);
paragraph 15(3)(c) of Schedule 8 to the Scotland Act 1998 (c. 46) (modifications of paragraph 2 in relation to Scottish Ministers and to Orders in Council made on the recommendation of the First Minister);
paragraph 3 of Schedule 2 to the 1972 Act (modifications of paragraph 2 in relation to Northern Ireland departments etc.) and the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)) (treating the power conferred by subsection (2) as conferred by an Act passed before 1st January 1974 for the purposes of the application of that Order);
section 29(3) of the Government of Wales Act 1998 (c. 38) (modifications of paragraph 2 in relation to the National Assembly for Wales).
Schedule 27 contains minor and consequential amendments.
Schedule 28 contains consequential amendments of enactments relating to Scotland.
Schedule 29 contains minor and consequential amendments relating to Northern Ireland.
Schedule 30 contains repeals and revocations.
Part 2 (civil partnership: England and Wales), excluding section 35 but including Schedules 1 to 9, extends to England and Wales only.
Part 3 (civil partnership: Scotland), including Schedules 10 and 11, extends to Scotland only.
Part 4 (civil partnership: Northern Ireland), including Schedules 12 to 19, extends to Northern Ireland only.
In Part 5 (civil partnerships formed or dissolved abroad etc.)—
sections 220 to 224 extend to England and Wales only;
sections 225 to 227 extend to Scotland only;
sections 228 to 232 extend to Northern Ireland only.
In Part 6—
any amendment made by virtue of section 247(1)(a) and Schedule 21 has the same extent as the provision subject to the amendment;
section 248 and Schedule 22 extend to Northern Ireland only.
Section 251 extends to England and Wales and Scotland only.
Section 252 extends to Northern Ireland only.
Schedule 28 extends to Scotland only.
Schedule 29 extends to Northern Ireland only.
Any amendment, repeal or revocation made by Schedules 24 to 27 and 30 has the same extent as the provision subject to the amendment, repeal or revocation.
Part 1 comes into force in accordance with provision made by order by the Secretary of State, after consulting the Scottish Ministers and the Department of Finance and Personnel.
Part 2, including Schedules 1 to 9, comes into force in accordance with provision made by order by the Secretary of State.
Part 3, including Schedules 10 and 11, comes into force in accordance with provision made by order by the Scottish Ministers, after consulting the Secretary of State.
Part 4, including Schedules 12 to 19, comes into force in accordance with provision made by order by the Department of Finance and Personnel, after consulting the Secretary of State.
Part 5, excluding section 213(2) to (6) but including Schedule 20, comes into force in accordance with provision made by order by the Secretary of State, after consulting the Scottish Ministers and the Department of Finance and Personnel.
Section 213(2) to (6) comes into force on the day on which this Act is passed.
In Part 6 —
sections 246 and 247(1) and Schedule 21 come into force in accordance with provision made by order by the Secretary of State, after consulting the Scottish Ministers and the Department of Finance and Personnel,
section 248(1) and Schedule 22 come into force in accordance with provision made by order by the Department of Finance and Personnel, after consulting the Secretary of State, and
sections 247(2) to (7) and 248(2) to (5) come into force on the day on which this Act is passed.
In Part 7—
sections 249, 251, 253, 256 and 257 and Schedules 23, 25 and 26 come into force in accordance with provision made by order by the Secretary of State,
section 250 comes into force in accordance with provision made by order by the Secretary of State, after consulting the Scottish Ministers and the Department of Finance and Personnel,
section 252 comes into force in accordance with provision made by the Department of Finance and Personnel, after consulting the Secretary of State,
subject to paragraph (e), section 254(1) and Schedule 24 come into force in accordance with provision made by order by the Secretary of State,
the provisions of Schedule 24 listed in subsection (9), and section 254(1) so far as relating to those provisions, come into force in accordance with provision made by the Department of Finance and Personnel, after consulting the Secretary of State, and
sections 254(2) to (6) and 255 come into force on the day on which this Act is passed.
The provisions are—
Part 2;
in Part 5, paragraphs 67 to 85, 87, 89 to 99 and 102 to 105;
Part 6;
Parts 9 and 10;
Part 15.
In this Part—
sections 258, 259, 260 and 262, this section and section 264 come into force on the day on which this Act is passed,
section 261(1) and Schedule 27 and, except so far as relating to any Acts of the Scottish Parliament or any provision which extends to Northern Ireland only, section 261(4) and Schedule 30 come into force in accordance with provision made by order by the Secretary of State,
section 261(2) and Schedule 28 and, so far as relating to any Acts of the Scottish Parliament, section 261(4) and Schedule 30 come into force in accordance with provision made by order by the Scottish Ministers, after consulting the Secretary of State,
section 261(3) and Schedule 29 and, so far as relating to any provision which extends to Northern Ireland only, section 261(4) and Schedule 30 come into force in accordance with provision made by order by the Department of Finance and Personnel, after consulting the Secretary of State.
The power to make an order under this section is exercisable by statutory instrument.
This Act may be cited as the Civil Partnership Act 2004.