Civil Partnership Act 2004 (c. 33)

(The document as of February, 2008)

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

28 In section 31 (effect on civil proceedings and rights), in subsection (1)--

(a) for "wife or husband" substitute "spouse or civil partner", and

(b) 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".

Domestic and Appellate Proceedings (Restriction of Publicity) Act 1968 (c. 63)

29 (1) Amend section 2 (restriction of publicity for certain matrimonial etc. proceedings) as follows.

(2) In subsection (1), after paragraph (d) insert--

" (da) proceedings under Part 9 of Schedule 5 to the Civil Partnership Act 2004 (provision corresponding to the provision referred to in paragraph (c) above);

(db) proceedings under section 58 of the 2004 Act (declarations as to subsistence etc. of civil partnership); " .

(3) In subsection (3), after "(1)(d)" insert "or (db)".

Civil Evidence Act 1968 (c. 64)

30 In section 14 (privilege against incrimination of self or spouse)--

(a) in subsection (1)(b), for "husband or wife" substitute "spouse or civil partner", and

(b) in the heading, after "spouse" insert "or civil partner".

Gaming Act 1968 (c. 65)

31 In Schedule 2 (grant, renewal, cancellation and transfer of licences), in paragraph 35A(8)(a) for "wife or husband" substitute "spouse or civil partner".

Medicines Act 1968 (c. 67)

32 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".

Employers' Liability (Compulsory Insurance) Act 1969 (c. 57)

33 In section 2(2)(a) (persons whom employer is not required to insure) after "husband, wife," insert "civil partner,".

Administration of Justice Act 1970 (c. 31)

34 In Schedule 8 (meaning of "maintenance order" in Part 2 of the Act and in the Maintenance Orders Act 1958), after paragraph 14 insert--

" 15. An order for periodical or other payments made under Schedule 5, 6 or 7 to the Civil Partnership Act 2004. "

Attachment of Earnings Act 1971 (c. 32)

35 In Schedule 1 (maintenance orders to which the 1971 Act applies), after paragraph 14 insert--

" 15 An order made under Schedule 5 to the Civil Partnership Act 2004 (financial relief in the High Court or a county court etc.), for periodical or other payments.

16 An order made under Schedule 6 to the 2004 Act (financial relief in magistrates' courts etc.), for maintenance or other payments to or in respect of a civil partner or child. "

Criminal Damage Act 1971 (c. 48)

36 In section 9 (evidence in connection with offences under the 1971 Act)--

(a) for "wife or husband" substitute "spouse or civil partner", and

Immigration Act 1971 (c. 77)

37 In section 5(4) (members of another's family for purposes of deportation)--

(a) in paragraph (a), after "his wife" insert "or civil partner," and

(b) in paragraph (b), after "her husband" insert "or civil partner,".

Local Government Act 1972 (c. 70)

38 In section 95 (pecuniary interests for purposes of section 94), after subsection (3) insert--

" (4) In the case of civil partners living together the interest of one civil partner, shall, if known to the other, be deemed for the purpose of section 94 above to be also an interest of the other. "

39 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".

Matrimonial Causes Act 1973 (c. 18)

40 In section 11 (grounds on which marriage is void), at the end of paragraph (b) insert "or a civil partner".

41 (1) Amend section 14 (marriages governed by foreign law or celebrated abroad under English law) as follows.

(2) In subsection (1), at the beginning insert "Subject to subsection (3)".

(3) After subsection (2) insert--

" (3) No marriage is to be treated as valid by virtue of subsection (1) if, at the time when it purports to have been celebrated, either party was already a civil partner. "

42 In section 24A (orders for sale of property), in subsection (5), after "re-marriage of" insert ", or formation of a civil partnership by,".

43 (1) Amend section 28 (duration of continuing financial provision orders in favour of party to marriage, and effect of remarriage) as follows.

(2) In subsection (1)(a) and (b) after "remarriage of" insert ", or formation of a civil partnership by,".

(3) In subsection (2)--

(a) after "remarriage of" insert ", or formation of a civil partnership by,", and

(b) after "the remarriage" insert "or formation of the civil partnership".

(4) In subsection (3), after "remarries whether at any time before or after the commencement of this Act", insert "or forms a civil partnership".

(5) In the heading to section 28, after "remarriage" insert "or formation of civil partnership".

44 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,".

45 (1) Amend section 38 (orders for repayment in certain cases of sums paid after cessation of order by reason of remarriage) as follows.

(2) In subsection (1)--

(a) in paragraph (a), after "remarriage of", insert ", or formation of a civil partnership by,", and

(b) in paragraph (b), after "remarriage" insert "or formation of the civil partnership".

(3) In subsection (6)--

(a) in paragraph (a), after "remarriage of" insert ", or formation of a civil partnership by," and

(b) in the words following paragraph (b), after "had remarried" insert "or formed a civil partnership".

(4) In the heading to section 38, after "remarriage" insert "or formation of civil partnership".

46 In section 52 (interpretation), after subsection (3), insert --

" (3A) References in this Act to the formation of a civil partnership by a person include references to a civil partnership which is by law void or voidable. "

Fair Trading Act 1973 (c. 41)

47 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".

Slaughterhouses Act 1974 (c. 3)

48 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,".

Health and Safety at Work etc. Act 1974 (c. 37)

49 In section 20 (powers of inspectors), in subsection (7), for "husband or wife" substitute "spouse or civil partner".

Consumer Credit Act 1974 (c. 39)

50 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".

51 (1) Amend section 184 (associates) as follows.

(2) For subsection (1) substitute--

" (1) A person is an associate of an individual if that person is--

(a) the individual's husband or wife or civil partner,

(b) a relative of--

(i) the individual, or

(ii) the individual's husband or wife or civil partner, or

(i) the individual, or

(ii) the individual's husband or wife or civil partner. "

(3) In subsection (2), after "husband or wife" insert "or civil partner".

(4) In subsection (5)--

(a) omit the word "and" immediately before "references",

(b) for "or wife;" substitute "or wife, and references to a civil partner include a former civil partner;", and

(c) for "had been a child born to him in wedlock" substitute "were the legitimate child of the relationship in question".

Friendly Societies Act 1974 (c. 46)

52 (1) Amend section 66 (power of member to nominate person to receive sums payable on his death) as follows.

(2) In subsection (5)(a), for "husband, wife," substitute "spouse, civil partner,".

(3) After subsection (7) insert--

" (7A) The formation of a civil partnership by a member of the society or branch revokes any nomination previously made by that member under this section. "

Rehabilitation of Offenders Act 1974 (c. 53)

53 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,".

Sex Discrimination Act 1975 (c. 65)

54 In section 82(5) (general interpretation: meaning of "near relative")

(a) after "wife or husband" (in both places) insert "or civil partner", and

(b) for "by affinity)" substitute "by marriage or civil partnership)".

Race Relations Act 1976 (c. 74)

55 In section 78(5) (general interpretation: meaning of "near relative")--

(a) after "wife or husband" (in both places) insert "or civil partner", and

(b) for "by affinity)" substitute "by marriage or civil partnership)".

Criminal Law Act 1977 (c. 45)

56 In section 2 (exemptions from liability for conspiracy), in subsection (2)(a), after "spouse" insert "or civil partner".

Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22)

57 In section 4 (duration of orders for financial provision for a party to a marriage), in subsection (2)--

(a) after "remarriage of" insert ", or formation of a civil partnership by,", and

(b) after "the remarriage" insert "or formation of the civil partnership".

58 (1) Amend section 35 (orders for repayment in certain cases of sums paid after cessation of order by reason of remarriage) as follows.

(2) In subsection (1)--

(a) in paragraph (a), after "remarriage of" insert ", or formation of a civil partnership by,", and

(b) in paragraph (b), after "that remarriage" insert "or the formation of that civil partnership".

(3) In subsection (7)--

(a) in paragraph (a), after "remarriage of" insert ", or formation of a civil partnership by,", and

(b) in the words following paragraph (b)--

(i) after "the remarriage" insert "or the formation of that civil partnership", and

(ii) after "had remarried" insert "or formed a civil partnership".

(4) In the heading to section 35, after "remarriage" insert "or formation of civil partnership".

Interpretation Act 1978 (c. 30)

59 At the appropriate place in Schedule 1 (words and expressions defined) insert--

" "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). "

Protection of Children Act 1978 (c. 37)

60 In section 1A (marriage and other relationships), in subsections (1)(a) and (2)(a) after "were married" insert "or civil partners of each other".

Credit Unions Act 1979 (c. 34)

61 (1) Amend section 31(1) (interpretation) as follows.

(2) After the definition of "charitable" insert--

" "civil partner" includes former civil partner; " .

(3) In the definition of "relative"--

(a) in paragraphs (a), (b) and (c), after "spouse" insert "or civil partner", and

(b) in the words following paragraph (c), for "a child born in wedlock" substitute "the legitimate child of the relationship in question".

Estate Agents Act 1979 (c. 38)

62 In section 27 (obstruction and personation of authorised officers), in subsection (4), for "husband or wife" substitute "spouse or civil partner".

63 (1) Amend section 32 (associates) as follows.

(2) In subsection (2), after "spouse" insert "or civil partner".

(3) In subsection (3)--

(a) omit the word "and" immediately before "references",

(b) for "reputed spouse;" substitute "reputed spouse, and references to a civil partner include a former civil partner;", and

(c) for "had been a child born to him in wedlock" substitute "were the legitimate child of the relationship in question".

Magistrates' Courts Act 1980 (c. 43)

64 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".

65 (1) Amend section 65 (meaning of family proceedings) as follows.

(2) After subsection (1)(c) insert--

" (ca) Schedule 2 to the Civil Partnership Act 2004; " .

(3) After subsection (1)(ee) insert--

" (ef) paragraphs 69 to 72 of Schedule 5 to the Civil Partnership Act 2004; " .

(4) After subsection (1)(j) insert--

" (ja) Schedule 6 to the Civil Partnership Act 2004; " .

Disused Burial Grounds (Amendment) Act 1981 (c. 18)

66 In section 9 (interpretation), in the definition of "relative", for "husband or wife" substitute "spouse or civil partner".

Forgery and Counterfeiting Act 1981 (c. 45)

67 In section 5 (offences relating to money orders, share certificates, passports, etc.), in subsection (5)(l)--

(a) after "adoptions, marriages" insert ", civil partnerships", and

(b) for "register marriages" substitute "issue certified copies relating to such entries".

Supreme Court Act 1981 (c. 54)

68 In section 18(1) (restrictions on appeals to Court of Appeal), before paragraph (g) insert--

" (fa) from a dissolution order, nullity order or presumption of death order under Chapter 2 of Part 2 of the Civil Partnership Act 2004 that has been made final, by a party who, having had time and opportunity to appeal from the conditional order on which that final order was founded, has not appealed from the conditional order; " .

69 (1) Amend section 72 (withdrawal of privilege against incrimination of self or spouse in certain proceedings) as follows.

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

(3) 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".

70 In paragraph 3 of Schedule 1 (business assigned to Family Division of High Court), after sub-paragraph (h) insert--

" (i) all civil partnership causes and matters (whether at first instance or on appeal);

(j) applications for consent to the formation of a civil partnership by a minor or for a declaration under paragraph 7 of Schedule 1 to the Civil Partnership Act 2004;

(k) applications under section 58 of that Act (declarations relating to civil partnerships). "

British Nationality Act 1981 (c. 61)

71 In section 3(6)(a) (registration as British citizen of minor whose parents' marriage has terminated etc.), after "marriage" insert "or civil partnership".

72 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".

73 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,".

74 In section 12(5) (renunciation: persons who have married deemed of full age), after "has been married" insert ", or has formed a civil partnership,".

75 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".

76 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".

77 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,".

78 (1) Amend paragraphs 4(d) and 8(d) of Schedule 1 (requirements for naturalisation under sections 6(2) and 18(2)) as follows.

(2) 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,".

Forfeiture Act 1982 (c. 34)

79 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--

" (b) sections 31(6) and 36(1) of the Matrimonial Causes Act 1973 (variation by court in England and Wales of periodical payments orders and maintenance agreements in respect of marriages);

(c) paragraphs 60(2) and 73(2) of Schedule 5 to the Civil Partnership Act 2004 (variation by court in England and Wales of periodical payments orders and maintenance agreements in respect of civil partnerships); and

(d) section 13(4) of the Family Law (Scotland) Act 1985 (variation etc. of periodical allowances in respect of marriages and civil partnerships). "

Representation of the People Act 1983 (c. 2)

80 (1) Amend section 14 (service qualification) as follows.

(2) In subsection (1)(d), for "wife or husband" substitute "spouse or civil partner".

(3) For subsection (1)(e) substitute--

" (e) is the spouse or civil partner of a person mentioned in paragraph (b) or paragraph (c) above and is residing outside the United Kingdom to be with his or her spouse or civil partner, " .

81 In section 16 (contents of service declaration), for "wife or husband" substitute "spouse or civil partner".

82 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".

83 In section 61 (other voting offences), in subsection (4), for "husband, wife," substitute "spouse, civil partner,".

84 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,".

85 (1) Amend Schedule 1 (parliamentary elections rules) as follows.

(2) In rule 11(4), for "wife or husband" substitute "spouse or civil partner".

(3) In rule 35(2), for "husband (wife)," (in both places) substitute "spouse, civil partner,".

(4) In rule 39(3)(b), for "husband, wife," substitute "spouse, civil partner,".

(5) In rule 44(2)(b), for "wives or husbands" substitute "spouses or civil partners".

Mental Health Act 1983 (c. 20)

86 In--

(a) section 12 (general provisions as to medical recommendations), in subsection (5), in the words following paragraph (e), and

(b) section 25C (supervision applications: supplementary), in subsection (10),

after "husband, wife" insert ", civil partner".

Mobile Homes Act 1983 (c. 34)

87 In section 3(3) (succession to agreements to which Act applies), for "or widower" (in each place) substitute ", widower or surviving civil partner".

88 In section 5(3) (meaning of "member of another's family")--

(a) after "spouse," insert "civil partner,"

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

Dentists Act 1984 (c. 24)

89 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".

Matrimonial and Family Proceedings Act 1984 (c. 42)

90 (1) Amend section 12 (applications for financial relief after overseas divorce etc.) as follows.

(2) In subsection (2) (no application may be made after remarriage), for "remarries" substitute "forms a subsequent marriage or civil partnership,".

(3) For subsection (3) substitute--

" (3) The reference in subsection (2) above to the forming of a subsequent marriage or civil partnership includes a reference to the forming of a marriage or civil partnership which is by law void or voidable. "

91 In section 32 (meaning of "family business" etc.), after the definition of "family proceedings" insert--

" "civil partnership cause" means an action for the dissolution or annulment of a civil partnership or for the legal separation of civil partners; " .

92 After section 36 insert--

" Jurisdiction of county courts in civil partnership causes and matters

36A Jurisdiction of county courts in civil partnership causes

(1) The Lord Chancellor may by order--

(a) designate any county court as a civil partnership proceedings county court, and

(b) designate, as a court of trial, any county court designated as a civil partnership proceedings county court.

(2) In this Part of this Act "civil partnership proceedings county court" means a county court designated under subsection (1)(a) above.

(3) A civil partnership proceedings county court shall have jurisdiction to hear and determine any civil partnership cause, subject to subsection (4) below.

(4) A civil partnership proceedings county court shall have jurisdiction to try a civil partnership cause only if it is designated under subsection (1)(b) above as a court of trial.

(5) The jurisdiction conferred by this section on a civil partnership proceedings county court shall be exercisable throughout England and Wales, but rules of court may provide for a civil partnership cause pending in one such court to be heard and determined--

(a) partly in that court and partly in another such court, or

(b) in another such court.

(6) Every civil partnership cause shall be commenced in a civil partnership proceedings county court.

(7) Every civil partnership cause shall be heard and determined in a civil partnership proceedings county court unless, or except to the extent, it is transferred to the High Court under--

(a) section 39 below, or

(b) section 41 of the County Court Act 1984 (transfer to High Court by order of High Court).

(8) The Lord Chancellor may by order designate a civil partnership proceedings county court as a court for the exercise of jurisdiction in civil partnership matters under Schedule 7 to the Civil Partnership Act 2004.

(9) The power to make an order under subsection (1) or (8) above shall be exercisable by statutory instrument.

36B Jurisdiction of civil partnership proceedings county courts as respects financial relief and protection of children

(1) Subject to subsection (2) below, a civil partnership proceedings county court shall have the following jurisdiction--

(a) a jurisdiction to exercise any power exercisable under--

(i) section 63 of the Civil Partnership Act 2004(restrictions on making of orders affecting children), or

(ii) Schedule 5 to that Act (financial relief in the courts), other than Part 12 (arrears and repayments) and paragraph 73 (alteration of maintenance agreements by court after death of one party),

in connection with any application or order pending in, or made by, a civil partnership proceedings county court;

(b) a jurisdiction to exercise any power exercisable under--

(i) Part 9 of that Schedule (failure to maintain: financial provision (and interim orders)), or

(ii) paragraphs 69 to 71 of that Schedule (alteration of maintenance agreements by court during lives of parties);

(2) Any proceedings for the exercise of a power which a civil partnership proceedings county court has jurisdiction to exercise by virtue of subsection (1) above shall be commenced in such civil partnership proceedings county court as may be prescribed by rules of court.

(3) Nothing in this section shall affect the jurisdiction of a magistrates' court under paragraphs 69 to 71 of Schedule 5 to the Civil Partnership Act 2004.

36C Consideration of agreements or arrangements

Where rules of court make provision for the purposes of section 43 of the Civil Partnership Act 2004 with respect to any power exercisable by the court on an application made under that section before an application is made for a dissolution or separation order, the rules shall confer jurisdiction to exercise the power on civil partnership proceedings county courts.

36D Assignment of circuit judges to civil partnership proceedings

The jurisdiction conferred by the preceding provisions of this Part of this Act on civil partnership proceedings county courts, so far as it exercisable by judges of such courts, shall be exercised by such Circuit judges as the Lord Chancellor may direct. "

93 For section 38(3) (transfer of family proceedings from High Court to county court) substitute--

" (3) Proceedings transferred under this section shall be transferred to such county court as the High Court directs, subject to subsections (3A) and (3B) below.

(3A) Where a matrimonial cause or matter within the jurisdiction of a divorce county court only is transferred under this section, it shall be transferred to such divorce county court as the High Court directs.

(3B) Where a civil partnership cause or matter within the jurisdiction of a civil partnership proceedings county court only is transferred under this section, it shall be transferred to such civil partnership proceedings county court as the High Court directs. "

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