Civil Partnership Act 2004 (c. 33)

(The document as of February, 2008)

-- Back --

Page 34

Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10 | P.11 | P.12 | P.13 | P.14 | P.15 | P.16 | P.17 | P.18 | P.19 | P.20 | P.21 | P.22 | P.23 | P.24 | P.25 | P.26 | P.27 | P.28 | P.29 | P.30 | P.31 | P.32 | P.33 | P.34 | P.35 | P.36 | P.37 | P.38 | P.39 | P.40

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

(i) separated under a court order, nor

(ii) separated in circumstances in which the separation is likely to be permanent, or

(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. "

145 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".

146 In sections 4(1)(g) and 17(10)(b), for "the married couple or unmarried couple" substitute "the couple".

147 (1) Renumber section 48 (interpretation) as subsection (1) of that section.

(2) In subsection (1), after the definition of "child" insert--

" "couple" has the meaning given by section 3(5A), " ,

and omit the definitions of "married couple" and "unmarried couple".

(3) After subsection (1) insert--

" (2) For the purposes of this Part, 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 15 Amendments of the State Pension Credit Act (Northern Ireland) 2002 (c. 14 (N.I.))

148 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".

149 In section 2(5)(b), for "such a couple" substitute "a couple".

150 (1) Amend subsection (1) of section 17 (other interpretation provisions) as follows.

(2) After the definition of "the Contributions and Benefits Act" insert--

" "couple" means--

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

(b) a man and woman who are not married to each other but are living together as husband and wife otherwise than in prescribed circumstances;

(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 otherwise than in prescribed circumstances; " .

(3) 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".

(4) Omit the definitions of "married couple" and "unmarried couple".

(5) In the definition of "war widow's or widower's pension"--

(a) in paragraph (a), for "any widow's or widower's" substitute "any widow's, widower's or surviving civil partner's", and

(b) in paragraph (b), for "widow or widower" substitute "widow, widower or surviving civil partner".

151 After section 17(1) insert--

" (1A) For the purposes of this Act, 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. "

Section 256

SCHEDULE 25 Amendment of certain enactments relating to pensions

Fire Services Act 1947 (c. 41)

1 In section 26 (firemen's pension scheme), in subsections (1) and (2A), for "widows," substitute "surviving spouses, surviving civil partners,".

House of Commons Members' Fund Act 1948 (c. 36)

2 In section 4 (provision for cases of special hardship), in subsection (1)(b), for "widowers" substitute "widowers, surviving civil partners".

Parliamentary and other Pensions Act 1972 (c. 48)

3 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".

Theatres Trust Act 1976 (c. 27)

4 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,".

Section 257

SCHEDULE 26 Amendment of certain enactments relating to the armed forces

Greenwich Hospital Act 1865 (c. 89)

1 In section 5 (power to appoint pensions to officers, etc.), after "widows" insert "or surviving civil partners".

Navy and Marines (Property of Deceased) Act 1865 (c. 111)

2 In section 4 (disposal of residue belonging to deceased person in civil service of navy), after "widow" insert "or surviving civil partner".

Pensions Commutation Act 1871 (c. 36)

3 (1) In section 4 (power to Treasury to commute pensions), in subsection (2) --

(a) after "marries" insert "or forms a civil partnership", and

(b) after "widow" insert "or surviving civil partner".

(2) In section 4(3), for "wife" substitute "wife, civil partner".

Greenwich Hospital Act 1883 (c. 32)

4 In section 2 (power to grant pensions, allowances, and gratuities), in subsection (1), after "widows" insert "or surviving civil partners".

Pensions and Yeomanry Pay Act 1884 (c. 55)

5 In section 4 (distribution of money not exceeding £5,000 without requiring probate), after "widower" insert "surviving civil partner".

Regimental Debts Act 1893 (c. 5)

6 In section 10 (application of residue undisposed of), in subsection (2), for "widows" substitute "widows, surviving civil partners".

7 In section 24 (application of Act to cases of insanity), in paragraph (a), for "wife or husband" substitute "wife, husband or civil partner".

Naval Medical Compassionate Fund Act 1915 (c. 28)

8 In section 1 (power by Order in Council to regulate fund), in subsection (1)(f), for "widows, widowers" substitute "widows, widowers, surviving civil partners".

Naval and Military War Pensions, &c., (Administrative Expenses) Act 1917 (c. 14)

9 (1) In section 5 (alteration of purposes for which voluntary funds may be applied in certain cases)--

(a) after "wives," (in each place) insert "civil partners,", and

(b) after "widows," (in each place) insert "surviving civil partners,".

(2) 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,".

War Pensions (Administrative Provisions) Act 1919 (c. 53)

10 In section 8 (appeals to Pensions Appeal Tribunals), in subsection (1), for "the motherless child or" substitute "surviving civil partner or the orphan,".

War Pensions Act 1920 (c. 23)

11 In section 7 (restoration of forfeited pensions), in subsection (2), after "wife," insert "civil partner,".

12 In section 8 (statutory right of widow or dependant to a pension), for "widow" substitute "widow, surviving civil partner".

Admiralty Pensions Act 1921 (c. 39)

13 In section 2 (restoration of forfeited pension), in subsection (2), after "wife," insert "civil partner,".

Greenwich Hospital Act 1942 (c. 35)

14 (1) 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".

(2) In section 1(2), for "spouses" substitute "spouses, civil partners".

Pensions Appeal Tribunals Act 1943 (c. 39)

15 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) --

(a) after "widower," insert "surviving civil partner,",

(b) for "husband" substitute "husband, civil partner",

(d) after "place" insert "or been formed".

Greenwich Hospital Act 1947 (10 & 11 Geo. 6 c. 5)

16 In section 2 (extension of power to grant pensions, etc.), in subsection (1), after "widows" insert "and surviving civil partners".

Polish Resettlement Act 1947 (c. 19)

17 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,".

18 In section 2 (allowances from the Assistance Board), in subsection (2)(c)--

(a) for "of men" substitute "or civil partners of persons",

(b) for "woman" substitute "person",

(d) for "re-married" substitute "subsequently married or formed a civil partnership".

Naval Forces (Enforcement of Maintenance Liabilities) Act 1947 (c. 24)

19 (1) Amend section 1 (deduction from pay in respect of liabilities for maintenance, etc.) as follows.

(2) In subsection (1), in paragraphs (a), (aa) and (b) after "wife" insert "or civil partner".

(3) In subsection (2A), after paragraph (a) insert--

" (aa) if, in proceedings in connection with the dissolution or annulment of a civil partnership, an order has been made for the payment of any periodical or other sum in respect of the maintenance of the person who, if the civil partnership had subsisted, would have been the civil partner of any such person as is mentioned in subsection (1) above, references in this section to that person's civil partner include references to the person in whose favour the order was made; and " .

Royal Patriotic Fund Corporation Act 1950 (c. 10)

20 In section 1 (extension of objects of soldiers' effects fund), in subsection (1)--

(a) for "widows or children" substitute "widows, surviving civil partners or children", and

(b) after "widows," insert "surviving civil partners,".

Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (c. 65)

21 In section 23(1) (interpretation of Part 2)--

(a) in paragraph (a) of the definition of "dependant", for "wife" substitute "spouse or civil partner", and

(b) in the definition of "statutory tenancy", for "widow" substitute "surviving spouse or surviving civil partner".

22 In paragraph (a) of section 25(6) (meaning of "dependant"), for "wife" substitute "spouse or civil partner".

23 In section 27(5) (interpretation of section), for "wife" (in each place) substitute "spouse or civil partner".

24 In section 38(5) (interpretation of section), for "wife" (in each place) substitute "spouse or civil partner".

25 (1) Amend section 46 (general provisions as to payments to make up civil remuneration) as follows.

(2) In subsection (2), for "wife" substitute "spouse or civil partner".

(3) In subsection (3)--

(a) the words from "a widow entitled to a widow's pension" to the end of paragraph (iv) become paragraph (a) of the subsection (so that paragraphs (i) to (iv) become sub-paragraphs of that paragraph (a)),

(b) in that paragraph (a), for "widow entitled to a widow's pension" substitute "surviving spouse entitled to a surviving spouse's pension",

(d) before "there may" insert the following paragraph--

" (b) a surviving civil partner entitled to a surviving civil partner's pension by virtue of any of those provisions, " .

26 In section 52(2)(a) ("service pay" includes marriage etc. allowances), after "marriage," insert "civil partnership,".

27 (1) Amend Schedule 3 (financial provisions consequential on treating a person dying on service as alive and the converse) as follows.

(2) In paragraph 1(3), for "widow" substitute "surviving spouse, surviving civil partner".

(3) In paragraph 2(4), for "wife" (in each place) substitute "spouse, civil partner".

Army Act 1955 (3 & 4 Eliz. 2 c. 18)

28 (1) Section 150 (enforcement of maintenance and affiliation orders by deduction from pay) is amended as follows.

(2) In subsection (1)(a) and (aa), after "wife" insert "or civil partner".

(3) In subsection (5), after "marriage had subsisted;" insert--

" 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. "

29 In section 151 (deductions from pay for maintenance of wife or child), in subsection (1)--

(a) after "wife" (in the first place) insert "or civil partner", and

(b) for "wife" (in the second place) substitute "wife, civil partner".

Air Force Act 1955 (3 & 4 Eliz. 2 c. 19)

30 (1) Section 150 (enforcement of maintenance and affiliation orders by deduction from pay) is amended as follows.

(2) In subsection (1)(a) and (aa), after "wife" insert "or civil partner".

(3) In subsection (5), after "marriage had subsisted;" insert--

31 In section 151 (deductions from pay for maintenance of wife or child), in subsection (1)--

(a) after "wife" (in the first place) insert "or civil partner", and

(b) for "wife" (in the second place) substitute "wife, civil partner".

Naval Discipline Act 1957 (c. 53)

32 (1) Section 101 (service of proceedings for maintenance etc.) is amended as follows.

(2) In subsection (5)(a) and (b), after "wife" insert "or civil partner".

(3) In subsection (5A), after paragraph (a) insert--

" (aa) references to the civil partner of a person 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 his civil partner if the civil partnership had subsisted; and " .

Courts-Martial (Appeals) Act 1968 (c. 20)

33 In section 48A (appeals on behalf of deceased persons), in subsection (3)(a), for "widow or widower" substitute "widow, widower or surviving civil partner".

Section 261(1)

SCHEDULE 27 Minor and consequential amendments: general

Explosive Substances Act 1883 (c. 3)

1 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".

Partnership Act 1890 (c. 39)

2 In section 2 (rules for determining existence of partnership), in rule (3)(c), after "widow" insert ", widower, surviving civil partner".

Law of Distress Amendment Act 1908 (c. 53)

3 In section 4(1) (exclusion of certain goods), after "husband or wife", insert "or civil partner".

Census Act 1920 (c. 41)

4 In the Schedule (matters in respect of which particulars may be required), in paragraph 5 after "as to marriage" insert "or civil partnership".

Trustee Act 1925 (c. 19)

5 (1) Amend section 31(2)(i) (trust on reaching 18 or marrying under that age of accumulations during infancy) as follows.

(2) In sub-paragraph (a)--

(a) after "marries under that age" insert "or forms a civil partnership under that age", and

(b) for "or until his marriage" substitute ", or until his marriage or his formation of a civil partnership,".

(3) In sub-paragraph (b), after "marriage" insert ", or formation of a civil partnership,".

(4) In the words after that sub-paragraph, after "marriage" insert "or formation of a civil partnership".

6 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".

Law of Property Act 1925 (c. 20)

7 In section 205(1)(xxi) (which defines "valuable consideration" as including marriage), after "includes marriage" insert ", and formation of a civil partnership,".

Judicial Proceedings (Regulation of Reports) Act 1926 (c. 61)

8 (1) Amend section 1 (restriction on publication of reports of judicial proceedings) as follows.

(2) 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".

(3) Omit subsection (5).

Population (Statistics) Act 1938 (c. 12)

9 In the Schedule (particulars which may be required), in paragraph 2--

(a) 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

(b) in paragraph (b), after "surviving spouse" insert "or civil partner".

Landlord and Tenant (Requisitioned Land) Act 1942 (c. 13)

10 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,".

Limitation (Enemies and War Prisoners) Act 1945 (c. 16)

11 In section 2 (interpretation), in the definition of "statute of limitation", after the entry relating to the Matrimonial Causes Act 1973 insert--

" section 51(2) of the Civil Partnership Act 2004, " .

Statistics of Trade Act 1947 (c. 39)

12 In section 10 (information from persons entering or leaving the United Kingdom by air), in subsection (1), after "marriage" insert "or civil partnership".

Marriage Act 1949 (c. 76)

13 (1) Amend section 1 (marriages within prohibited degrees) as follows.

(2) 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".

(3) 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".

(4) 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".

(5) In subsection (5) for paragraphs (a) to (d) substitute--

" (a) in the case of a marriage between a person and the parent of a former spouse of that person, after the death of both the former spouse and the former spouse's other parent;

(b) in the case of a marriage between a person and the parent of a former civil partner of that person, after the death of both the former civil partner and the former civil partner's other parent;

(c) in the case of a marriage between a person and the former spouse of a child of that person, after the death of both the child and the child's other parent;

(d) in the case of a marriage between a person and the former civil partner of a child of that person, after the death of both the child and the child's other parent. "

(6) Omit subsections (6) to (8).

14 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".

15 In section 28A (power to require evidence), for subsection (3) substitute--

" (3) "Specified evidence", in relation to a person, means such evidence as may be specified in guidance issued by the Registrar General--

(a) of the person's name and surname,

(b) of the person's age,

(c) as to whether the person has previously been married or formed a civil partnership and, if so, as to the ending of the marriage or civil partnership, and

(d) of the person's nationality. "

16 In section 78(1) (interpretation), in the definition of "child", after ""child"" insert ", except where used to express a relationship,".

17 For Schedule 1 (kindred and affinity) substitute--

" SCHEDULE 1 Kindred and affinity

Part 1 Prohibited degrees: kindred

1 (1) The list referred to in section 1(1) is--

Adoptive child
Adoptive parent
Child
Former adoptive child
Former adoptive parent
Grandparent
Grandchild
Parent
Parent's sibling
Sibling
Sibling's child

(2) In the list "sibling" means a brother, sister, half-brother or half-sister.

Part 2 Degrees of affinity referred to in section 1(2) and (3)

2 The list referred to in section 1(2) is as follows--

Child of former civil partner
Child of former spouse
Former civil partner of grandparent
Former civil partner of parent
Former spouse of grandparent
Former spouse of parent
Grandchild of former civil partner
Grandchild of former spouse

Part 3 Degrees of affinity referred to in section 1(4) and (5)

3 The list referred to in section 1(4) is as follows--

Parent of former spouse
Parent of former civil partner
Former spouse of child
Former civil partner of child. "

Maintenance Orders Act 1950 (c. 37)

18 (1) Amend section 16 (application of Part 2) as follows.

(2) After subsection (2)(a)(viii) insert--

" (ix) Part 1, 8 or 9 of Schedule 5 to the Civil Partnership Act 2004, Schedule 6 to that Act or paragraph 5 or 9 of Schedule 7 to that Act; " .

(3) After subsection (2)(b)(ix) insert--

" (x) an order made on an application under Schedule 11 to the Civil Partnership Act 2004; " .

(4) After subsection (2)(c)(ix) insert--

" (x) Part 1, 7 or 8 of Schedule 15 to the Civil Partnership Act 2004, Schedule 16 to that Act or paragraph 5 or 9 of Schedule 17 to that Act; " .

Births and Deaths Registration Act 1953 (c. 20)

19 In section 41 (interpretation), in the definition of "relative", after "by marriage" insert "or civil partnership".

Pharmacy Act 1954 (c. 61)

20 In section 17(c) (benevolent fund: distressed relatives eligible for relief), for "widows," substitute "surviving spouses, surviving civil partners,".

Registration of Births, Deaths and Marriages (Special Provisions) Act 1957 (c. 58)

21 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,".

Maintenance Orders Act 1958 (c. 39)

22 (1) Amend section 4 (variation of orders registered in magistrates' courts) as follows.

(2) 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".

(3) 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".

Offices, Shops and Railway Premises Act 1963 (c. 41)

23 In section 2 (exception for premises in which only employer's relatives or outworkers work), in subsection (1), after "wife" insert ", civil partner".

Industrial and Provident Societies Act 1965 (c. 12)

24 (1) Amend section 23 (nomination to property in society) as follows.

(2) In subsection (2), for "husband, wife," substitute "spouse, civil partner,".

(3) After subsection (6) insert--

" (7) The formation of a civil partnership by a member of a society revokes any nomination made by him before the formation of the civil partnership; but if any property of that member has been transferred by an officer of the society in pursuance of the nomination in ignorance of a civil partnership formed by the nominator after the date of the nomination--

(a) the receipt of the nominee shall be a valid discharge to the society, and

(b) the society shall be under no liability to any other person claiming the property. "

25 In section 25 (provision for intestacy), in subsection (2), after "widower" insert ", surviving civil partner".

Criminal Appeal Act 1968 (c. 19)

26 In section 44A (appeals in cases of death), in subsection (3)(a), after "widower" insert "or surviving civil partner".

Theft Act 1968 (c. 60)

27 (1) Amend section 30 (husband and wife) as follows.

(2) 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".

(3) At the end of paragraph (a)(ii) to the proviso insert " or

(iii) an order (wherever made) is in force providing for the separation of that person and his or her civil partner. " ,

and omit "or" at the end of paragraph (a)(i) to the proviso.

(4) For the heading to section 30 substitute "Spouses and civil partners".

-- Back --

Stat