Civil Partnership Act 2004 (c. 33)

(The document as of February, 2008)

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51 Section 1(3) of the Mortgage Rights (Scotland) Act 2001 (asp 11) (application to suspend enforcement of standard security).

52 Paragraph 3(8) of Schedule 6 to the Commonhold and Leasehold Reform Act 2002 (c. 15) (premises excluded from right to manage).

53 Section 127(6) of the Enterprise Act 2002 (c. 40) (associated persons).

Section 248

SCHEDULE 22 References to stepchildren etc. in existing Northern Ireland legislation

1 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).

2 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).

3 Section 19(1)(a) of that Act (family of a person).

4 Section 3(7) of the Pensions (Increase) Act (Northern Ireland) 1971 (c. 35 (N.I.)) (dependants).

5 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).

6 Article 2(2) of the Fatal Accidents (Northern Ireland) Order 1977 (S.I. 1977/ 1251 (N.I. 18)) (dependants).

7 Article 2(5) of the Housing (Northern Ireland) Order 1981 (S.I. 1981/156 (N.I. 3)) (interpretation).

8 Article 24(3) of the Housing (Northern Ireland) Order 1983 (S.I. 1983/1118 (N.I. 15)) (interpretation).

9 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).

10 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).

11 Article 10A of the Companies (Northern Ireland) Order 1986 (S.I. 1986/1032 (N.I. 6)) (meaning of "offer to the public").

12 Article 211(1) of that Order (notification of family and corporate interests: person interested in shares).

13 Article 335(2) of that Order (extension of Article 331 to spouses and children).

14 Article 336(8) of that Order (extension of Article 332 to spouses and children).

15 Article 354(2) of that Order ("connected persons").

16 Article 423(8) of that Order (associates).

17 Article 4(8) of the Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19)) (meaning of "associate").

18 Article 54(2)(a) of the Companies (Northern Ireland) Order 1990 (S.I. 1990/ 593 (N.I. 5)) (meaning of "associate").

19 Article 2(4) of the Registered Homes (Northern Ireland) Order 1992 (S.I. 1992/3204 (N.I. 20)) (meaning of "relative").

20 The definition of "relative" in Article 2(2) of the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2)).

21 Article 196(1) of the Employment Rights (Northern Ireland) Order 1996 (S.I. 1996/1919 (N.I. 16)) (domestic servants).

22 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).

23 Article 3(2) of the Housing (Northern Ireland) Order 2003 (S.I. 2003/412 (N.I. 2)) (members of a person's family).

24 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

SCHEDULE 23 Immigration control and formation of civil partnerships

Part 1 Introduction

Application of Schedule

1 (1) This Schedule applies if--

(a) two people wish to register as civil partners of each other, and

(b) one of them is subject to immigration control.

(2) For the purposes of this Schedule a person is subject to immigration control if--

(a) he is not an EEA national, and

(b) under the Immigration Act 1971 (c. 77) he requires leave to enter or remain in the United Kingdom (whether or not leave has been given).

(3) "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).

The qualifying condition

2 (1) For the purposes of this Schedule the qualifying condition, in relation to a person subject to immigration control, is that the person--

(a) has an entry clearance granted expressly for the purpose of enabling him to form a civil partnership in the United Kingdom,

(b) has the written permission of the Secretary of State to form a civil partnership in the United Kingdom, or

(2) "Entry clearance" has the meaning given by section 33(1) of the Immigration Act 1971.

(3) 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.

Part 2 England and Wales

Application of this Part

3 This Part of this Schedule applies if the civil partnership is to be formed in England and Wales by signing a civil partnership schedule.

Procedure for giving notice of proposed civil partnership

4 (1) Each notice of proposed civil partnership under Chapter 1 of Part 2 of this Act--

(a) must be given to a registration authority specified for the purposes of this paragraph by regulations made by the Secretary of State, and

(b) must be delivered to the relevant individual in person by the two proposed civil partners.

(2) "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.

(3) Regulations under sub-paragraph (2) may, in particular, describe a person by reference to the location or office where he works.

(4) Before making any regulations under this paragraph the Secretary of State must consult the Registrar General.

Declaration

5 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).

Recording of notice

6 (1) 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.

(2) "Specified evidence" means such evidence as may be specified in guidance issued by the Registrar General.

Supplementary

7 (1) Part 2 of this Act has effect in any case where this Part of this Schedule applies subject to any necessary modification.

(2) 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.

(3) 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.

Part 3 Scotland

Application of this Part

8 This Part of this Schedule applies if the civil partnership is to be formed in Scotland.

Procedure for giving notice of proposed civil partnership

9 (1) Notice under section 88--

(a) may be submitted to the district registrar of a district specified for the purposes of this paragraph by regulations made by the Secretary of State, and

(b) may not be submitted to the district registrar of any other registration district.

(2) Before making any regulations under this paragraph the Secretary of State must consult the Registrar General.

Pre-condition for making entry in civil partnership notice book etc.

10 (1) 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--

(a) make an entry under section 89, nor

(b) complete a civil partnership schedule under section 94,

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.

(2) 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")--

(a) the notified registrar shall, if satisfied as is mentioned in sub-paragraph (1), send the notices and any fee, certificate or declaration which accompanied them, to the second registrar, and

(b) the second registrar shall be treated as having received the notices from the intended partners on the dates on which the notified registrar received them.

(3) "Specified evidence" means such evidence as may be specified in guidance issued by the Secretary of State after consultation with the Registrar General.

Supplementary

11 (1) Part 3 of this Act has effect in any case where this Part of this Schedule applies subject to any necessary modification.

(2) An expression used in this Part of this Schedule and in Part 3 of this Act has the same meaning as in that Part.

Part 4 Northern Ireland

Application of this Part

12 This Part of this Schedule applies if the civil partnership is to be formed in Northern Ireland.

Procedure for giving civil partnership notices

13 (1) The civil partnership notices must be given--

(a) only to a prescribed registrar, and

(b) in prescribed cases by both parties together in person at a prescribed register office.

(2) Before making any regulations under this paragraph the Secretary of State must consult the Registrar General.

Accompanying statement as to the qualifying condition

14 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).

Civil partnership notice book and civil partnership schedule

15 (1) 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.

(2) 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.

(3) "Specified evidence" means such evidence as may be specified in guidance issued by the Secretary of State after consultation with the Registrar General.

Supplementary

16 (1) Part 4 of this Act has effect in any case where this Part of this Schedule applies subject to any necessary modification.

(2) 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.

(3) In this Part of this Schedule--

(a) "prescribed" means prescribed by regulations made by the Secretary of State;

(b) "registrar" means a person appointed under section 152(1)(a) or (b) or (3);

(4) 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.

Part 5 Regulations

17 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

SCHEDULE 24 Social security, child support and tax credits

Part 1 Amendments of the Child Support Act 1991 (c. 48)

1 In section 8 (role of the courts with respect to maintenance for children), after subsection (11)(e) insert--

" (ea) Schedule 5, 6 or 7 to the Civil Partnership Act 2004; or " .

2 In section 15 (powers of inspectors), in subsection (7)--

(a) after "married" insert "or is a civil partner", and

(b) after "spouse" insert "or civil partner".

3 In section 55 (meaning of "child"), in subsection (2)--

(a) in paragraph (a), after "married" insert "or a civil partner",

(b) in paragraph (b), after "marriage" insert ", or been a party to a civil partnership,", and

(c) 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".

4 For paragraph 6(5)(b) (as originally enacted) of Schedule 1 (maintenance assessments) substitute--

" (b) where the absent parent--

(i) is living together in the same household with another adult of the opposite sex (regardless of whether or not they are married),

(ii) is living together in the same household with another adult of the same sex who is his civil partner, or

(iii) is living together in the same household with another adult of the same sex as if they were civil partners,

income of that other adult, " .

5 After paragraph 6(5) (as originally enacted) of that Schedule insert--

" (5A) 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. "

6 In paragraph 10C of that Schedule (as substituted by section 1(3) of, and Schedule 1 to, the Child Support, Pensions and Social Security Act 2000 (c. 19)), for sub-paragraph (5) substitute--

" (5) In sub-paragraph (4)(a), "couple" means--

(a) a man and a woman who are married to each other and are members of the same household,

(b) a man and a woman who are not married to each other but are living together as husband and wife,

(d) two people of the same sex who are not civil partners of each other but are living together as if they were civil partners.

(6) 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. "

Part 2 Amendments of the Child Support (Northern Ireland) Order 1991 (S.I. 1991/ 2628 (N.I. 23))

7 In Article 3 (meaning of "child"), in paragraph (2)--

(a) in sub-paragraph (a), after "married" insert "or a civil partner",

(b) in sub-paragraph (b), after "marriage" insert ", or been a party to a civil partnership,", and

(c) 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".

8 In Article 10 (role of the courts with respect to maintenance for children), after paragraph (11)(d) insert--

" (da) Schedule 15, 16 or 17 to the Civil Partnership Act 2004; or " .

9 In Article 17 (powers of inspectors), in paragraph (7)--

(a) after "married" insert "or is a civil partner", and

(b) after "spouse" insert "or civil partner".

10 For paragraph 6(5)(b) (as originally enacted) of Schedule 1 (maintenance assessments) substitute--

" (b) where the absent parent--

(i) is living together in the same household with another adult of the opposite sex (regardless of whether or not they are married),

(ii) is living together in the same household with another adult of the same sex who is his civil partner, or

(iii) is living together in the same household with another adult of the same sex as if they were civil partners,

income of that other adult, " .

11 After paragraph 6(5) (as originally enacted) of that Schedule insert--

12 In paragraph 10C of that Schedule (as substituted by section 1(3) of, and Schedule 1 to, the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4 (N.I.))), for sub-paragraph (5) substitute--

" (5) In sub-paragraph (4)(a), "couple" means--

(a) a man and a woman who are married to each other and are members of the same household,

(b) a man and a woman who are not married to each other but are living together as husband and wife,

(d) two people of the same sex who are not civil partners of each other but are living together as if they were civil partners.

Part 3 Amendments of the Social Security Contributions and Benefits Act 1992 (c. 4)

13 In section 20 (descriptions of contributory benefits), in subsection (1)(f)(ii), after "spouse" insert "or civil partner".

14 In section 30A (incapacity benefit: entitlement), in subsection (2)(b)(ii), after "spouse" insert "or deceased civil partner".

15 In section 30B (incapacity benefit: rate), in subsection (3)(a), after "people" insert "or civil partners".

16 (1) Amend section 36 (bereavement payment) as follows.

(2) In subsection (1), after "spouse" (in each place) insert "or civil partner".

(3) For subsection (2) substitute--

" (2) A bereavement payment shall not be payable to a person if--

(a) that person and a person of the opposite sex to whom that person was not married were living together as husband and wife at the time of the spouse's or civil partner's death, or

(b) that person and a person of the same sex who was not his or her civil partner were living together as if they were civil partners at the time of the spouse's or civil partner's death. "

17 In section 36A (cases in which sections 37 to 41 apply), in subsection (2), after "spouse" insert "or civil partner".

18 (1) Amend section 37 (widowed mother's allowance) as follows.

(2) In subsection (3), after "remarries" insert "or forms a civil partnership".

(3) After subsection (4)(b) insert " or

(c) for any period during which she and a woman who is not her civil partner are living together as if they were civil partners. "

19 (1) Amend section 38 (widow's pension) as follows.

(2) In subsection (2), after "remarries" insert "or forms a civil partnership".

(3) After subsection (3)(c) insert " or

(d) for any period during which she and a woman who is not her civil partner are living together as if they were civil partners. "

20 (1) Amend section 39A (widowed parent's allowance) as follows.

(2) After "spouse" (in each place other than subsections (2)(b) and (4)), insert "or civil partner".

(3) After "spouse's" (in each place) insert "or civil partner's".

(4) In subsection (2), after paragraph (b) insert " or

(i) was residing together with the deceased civil partner immediately before the time of the death, and

(ii) is pregnant as the result of being artificially inseminated before that time with the semen of some person, or as a result of the placing in her before that time of an embryo, of an egg in the process of fertilisation, or of sperm and eggs. "

(5) In subsection (4), after "remarries" insert "or forms a civil partnership".

(6) After subsection (4) insert--

" (4A) The surviving civil partner shall not be entitled to the allowance for any period after she or he forms a subsequent civil partnership or marries, but, subject to that, the surviving civil partner shall continue to be entitled to it for any period throughout which she or he--

(a) satisfies the requirements of subsection (2)(a) or (b) above; and

(b) is under pensionable age. "

(7) After subsection (5)(b) insert " or

(c) for any period during which the surviving spouse or civil partner and a person of the same sex who is not his or her civil partner are living together as if they were civil partners. "

21 (1) Amend section 39B (bereavement allowance where no dependent children) as follows.

(2) After "spouse" (in each place) other than subsection (4), insert "or civil partner".

(3) After "spouse's" (in each place) insert "or civil partner's".

(4) In subsection (4), after "remarries" insert "or forms a civil partnership".

(5) After subsection (4) insert--

(a) she or he attains pensionable age, or

(b) the period of 52 weeks mentioned in subsection (3) above expires,

whichever happens first. "

(6) After subsection (5)(b) insert " or

(c) for any period during which the surviving spouse or civil partner and a person of the same sex who is not his or her civil partner are living together as if they were civil partners. "

22 In section 39C (rate of widowed parent's allowance and bereavement allowance)--

(a) after "spouse" (in each place) insert "or civil partner", and

(b) in subsection (5), after "spouse's" insert "or civil partner's".

23 In section 46 (modifications of section 45 for calculating the additional pension in certain benefits)--

(a) 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",

(b) after "spouse", in paragraph (b)(i) of the definition of "N" in subsection (2), insert "or civil partner", and

24 (1) Amend section 48 (use of former spouse's contributions) as follows.

(2) In subsection (1)--

(a) for "married" substitute "in a relevant relationship",

(b) for "marriage" substitute "relationship", and

(3) In subsection (2), for "marriage" substitute "relevant relationship".

(4) For subsection (3) substitute--

" (3) Where a person has been in a relevant relationship more than once, this section applies only to the last relevant relationship and the references to his relevant relationship and his former spouse or civil partner shall be construed accordingly.

(4) In this section, "relevant relationship" means a marriage or civil partnership. "

25 (1) Amend section 48A (category B retirement pension for married person) as follows.

(2) After subsection (2) insert--

" (2A) A person who--

(a) has attained pensionable age, and

(b) on attaining that age was a civil partner or forms a civil partnership after attaining that age,

shall be entitled to a Category B retirement pension by virtue of the contributions of the other party to the civil partnership ("the contributing civil partner") if the following requirement is met.

(2B) The requirement is that the contributing civil partner--

(a) has attained pensionable age and become entitled to a Category A retirement pension, and

(b) satisfies the conditions specified in Schedule 3, Part 1, paragraph 5. "

(3) In subsections (3) and (4), after "spouse" insert "or contributing civil partner".

(4) In subsection (4A), for "widow or widower" substitute "widow, widower or surviving civil partner".

(5) In subsection (5), after "spouse's" insert "or contributing civil partner's".

(6) 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.

26 (1) Amend section 48B (category B retirement pension for widows and widowers) as follows.

(2) After subsection (1) insert--

" (1A) A person ("the pensioner") who attains pensionable age on or after 6th April 2010 and whose civil partner died--

(a) while they were civil partners of each other, and

(b) after the pensioner attained pensionable age,

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