Civil Partnership Act 2004 (c. 33)

(The document as of February, 2008)

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(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. "

94 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".

95 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".

96 (1) Amend section 42 (county court proceedings in principal registry of Family Division) as follows.

(2) In subsection (1)--

(a) after "Sections 33 to 35" insert "and 36A to 36C",

(b) after "section 34(2)" insert "or 36B(2)", and

(3) After that subsection insert--

" (1A) Subsection (2) below applies to--

(a) the jurisdiction in matrimonial causes or matters conferred by sections 33, 34 and 35 above on divorce county courts, and

(b) the jurisdiction in civil partnership causes or matters conferred by sections 36A, 36B and 36C above on civil partnership proceedings county courts. "

(4) In subsection (2), for the words from the beginning to "on divorce county courts" substitute "A jurisdiction to which this subsection applies".

(5) For the words in subsection (2) after paragraph (b) substitute the following new subsection--

" (2A) Rules of court may make provision--

(a) for treating, for any purposes specified in the rules, matrimonial causes and matters pending in the registry with respect to which the jurisdiction mentioned in subsection (1A)(a) above is exercisable as pending in a divorce county court,

(b) for treating, for any purposes specified in the rules, civil partnership causes and matters pending in the registry with respect to which the jurisdiction mentioned in subsection (1A)(b) above is exercisable as pending in a civil partnership proceedings county court, and

(c) for the application of section 74(3) of the Solicitors Act 1974 (costs) with respect to proceedings treated as mentioned in paragraph (a) or (b) above. "

(6) In subsection (3), for "subsection (2)" substitute "subsection (2A)".

(7) After subsection (3) insert--

" (3A) Where, by virtue of rules under subsection (2A) above, a civil partnership cause or matter is pending in the registry as in a civil partnership proceedings county court, any ancillary or related proceedings which could be taken in a civil partnership proceedings county court and which are not of a description excluded by the rules from the operation of this subsection may be taken and dealt with in the registry as in a civil partnership proceedings county court. "

(8) After subsection (4) insert--

" (4ZA) The principal registry shall be treated as a civil partnership proceedings county court--

(a) for the purposes of any provision to be made by rules of court under section 36A(5) above;

(b) for the purpose of any provision to be made under section 36B(2) above prescribing the county court in which any proceedings are to be commenced; and

(c) for the purpose of any transfer of family proceedings under section 38 or 39 above between the High Court and a civil partnership proceedings county court. "

(9) In subsection (4A), after "in any matrimonial cause or matter" insert ", or in any civil partnership cause or matter,".

(10) In subsection (5), for paragraphs (a) and (b) substitute--

" (a) as regards service of process--

(i) as if proceedings commenced in the principal registry in a matrimonial cause or matter had been commenced in a divorce county court, and

(ii) as if proceedings commenced in that registry in a civil partnership cause or matter had been commenced in a civil partnership proceedings county court; and

(b) as regards enforcement of orders--

(i) as if orders made in that registry in the exercise of the family jurisdiction conferred by sections 33, 34 and 35 above on divorce county courts were orders made by such a court, and

(ii) as if orders made in that registry in the exercise of the family jurisdiction conferred by sections 36A, 36B and 36C above on civil partnership proceedings county courts were orders made by such a court. "

(11) After that subsection insert--

" (5A) For the purposes of subsection (3A) above, proceedings--

(a) are "ancillary" to a civil partnership cause if they are connected with the cause, and

(b) are "related" to a civil partnership cause if they are for protecting or otherwise relate to any rights, or the exercise of any rights, of--

(i) the civil partners as civil partners, or

(ii) any children of the family. "

Police and Criminal Evidence Act 1984 (c. 60)

97 (1) Amend section 80 (compellability of accused's spouse) as follows.

(2) In subsections (2), (2A) and (3), for "wife or husband" (in each place) substitute "spouse or civil partner".

(3) After subsection (5) insert--

" (5A) In any proceedings a person who has been but is no longer the civil partner of the accused shall be compellable to give evidence as if that person and the accused had never been civil partners. "

(4) In the heading to section 80, after "accused's spouse" insert "or civil partner".

98 In section 80A (rule where accused's spouse not compellable)--

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

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

Companies Act 1985 (c. 6)

99 In section 203 (notification of family and corporate interests), in subsection (1), after "spouse" insert "or civil partner".

100 (1) Amend section 327 (extension of section 323 to spouses and children) as follows.

(2) In subsection (1)--

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

(b) in the words following paragraph (b), after "as the case may be," insert "civil partner or".

(3) In the heading to section 327, after "spouses" insert ", civil partners".

101 (1) Amend section 328 (extension of section 324 to spouses and children) as follows.

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

(3) In subsection (3)--

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

(b) in paragraph (b), after "spouse" insert "or civil partner" and after "wife, husband," insert "civil partner,".

(4) In the heading to section 328, after "spouses" insert ", civil partners".

102 In section 346 (connected persons) in subsection (2)--

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

(b) in paragraph (c) after "spouse" (in both places) insert "or civil partner".

103 In section 430E (associates), in subsection (8) after "spouse" insert "or civil partner".

104 (1) Amend section 742A (meaning of "offer to the public") as follows.

(2) In subsection (3)(a)(iii), after "widower" insert "or surviving civil partner".

(3) In subsection (6)(a), after "spouse" insert "or civil partner".

105 In Schedule 7 (matters to be dealt with in directors' report), in paragraph 2B(3), after "spouse" insert "or civil partner".

Enduring Powers of Attorney Act 1985 (c. 29)

106 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".

107 In Schedule 1 (notification prior to registration of instrument creating power of attorney), in paragraph 2(1)--

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

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

108 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.

Food and Environment Protection Act 1985 (c. 48)

109 In Schedule 2 (officers and their powers), in paragraph 2A(4), after "spouse" insert "or civil partner".

Child Abduction and Custody Act 1985 (c. 60)

110 In section 24A (power to order disclosure of child's whereabouts), in subsection (2), after "spouse" insert "or civil partner".

Airports Act 1986 (c. 31)

111 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".

Insolvency Act 1986 (c. 45)

112 In section 215 (proceedings under sections 213, 214), in subsection (3)(b), after "marriage" insert "or the formation of a civil partnership".

113 In section 283A (bankrupt's home ceasing to form part of estate), in subsection (1)--

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

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

114 In section 313 (charge on bankrupt's home), in subsection (1), after "former spouse" insert "or by his civil partner or former civil partner".

115 In section 313A (low value home: application for sale, possession or charge), in subsection (1)--

(a) in paragraph (a)(ii), after "spouse" insert "or civil partner", and

(b) in paragraph (a)(iii), after "spouse" insert "or former civil partner".

116 In section 329 (debts to spouse), in subsection (1), after "spouse" (in each place) insert "or civil partner".

117 In section 332 (saving for bankrupt's home), in subsection (1), after "former spouse" insert "or by his civil partner or former civil partner".

118 In section 335A (rights under trusts of land), in subsection (2)(b)--

(a) for "bankrupt's spouse or former spouse" substitute "bankrupt's spouse or civil partner or former spouse or former civil partner", and

(b) in sub-paragraphs (i) and (ii), for "spouse or former spouse" substitute "spouse, civil partner, former spouse or former civil partner".

119 In section 339 (transactions at an undervalue), in subsection (3)(b), after "marriage" insert "or the formation of a civil partnership".

120 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".

121 In section 423 (transactions defrauding creditors), in subsection (1)(b), after "marriage" insert "or the formation of a civil partnership".

122 (1) Amend section 435 (meaning of "associate") as follows.

(2) For subsection (2) substitute--

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

(4) In subsection (8), at the end insert "and references to a civil partner include a former civil partner".

Building Societies Act 1986 (c. 53)

123 In section 70 (interpretation), in--

(a) subsection (2)(a) and (c), and

(b) subsection (4),

after "spouse" (in each place) insert "or civil partner".

Family Law Act 1986 (c. 55)

124 In section 33 (power to order disclosure of child's whereabouts), in subsection (2), after "spouse" insert "or civil partner".

125 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."

Consumer Protection Act 1987 (c. 43)

126 In section 47 (savings for certain privileges), in subsection (2), after "spouse" insert "or civil partner".

Criminal Justice Act 1988 (c. 33)

127 In section 160A (marriage and other relationships), in subsections (1)(a) and (2)(a), after "were married" insert "or civil partners of each other".

Companies Act 1989 (c. 40)

128 In section 52 (meaning of "associate"), in subsection (2)(a) after "spouse" insert "or civil partner".

Children Act 1989 (c. 41)

129 (1) Amend section 8 (residence, contact and other orders with respect to children) as follows.

(2) After subsection (4)(b) insert--

" (ba) Schedule 5 to the Civil Partnership Act 2004; " .

(3) After subsection (4)(e) insert--

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

130 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".

131 In section 50 (recovery of abducted children etc.), in subsection (11), after "spouse" insert "or civil partner".

132 In section 98 (self-incrimination), in subsections (1) and (2), after "spouse" insert "or civil partner".

Local Government and Housing Act 1989 (c. 42)

133 In section 19 (members' interests) in subsection (7), after "spouse" insert "or civil partner".

134 In section 69 (companies subject to local authority influence), in subsection (6)(c), after "spouse" insert "or civil partner".

Opticians Act 1989 (c. 44)

135 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".

Food Safety Act 1990 (c. 16)

136 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" 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--

(a) the period of three months beginning with the deceased's death " .

Courts and Legal Services Act 1990 (c. 41)

137 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".

138 In section 58A (conditional fee agreements: supplementary), omit "and" at the end of subsection (2)(f) and insert--

" (fa) Chapter 2 of Part 2 of the Civil Partnership Act 2004 (proceedings for dissolution etc. of civil partnership);

(fb) Schedule 5 to the 2004 Act (financial relief in the High Court or a county court etc.);

(fc) Schedule 6 to the 2004 Act (financial relief in magistrates' courts etc.);

(fd) Schedule 7 to the 2004 Act (financial relief in England and Wales after overseas dissolution etc. of a civil partnership); and " .

Broadcasting Act 1990 (c. 42)

139 In paragraph 1(2) of Part 1 of Schedule 2 (restrictions on the holding of licences)--

(a) in paragraphs (a) and (d), after "husband or wife" (in each place) insert "or civil partner", and

(b) at the end insert "and references to a civil partner shall include a former civil partner".

Local Government Finance Act 1992 (c. 14)

140 (1) 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,".

(2) After section 9(3) insert--

" (4) For the purposes of this section two persons are civil partners of each other if they are of the same sex and either--

(a) they are civil partners of each other; or

(b) they are not civil partners of each other but are living together as if they were civil partners. "

(3) 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".

Friendly Societies Act 1992 (c. 40)

141 In section 77 (information on appointed actuary to be annexed to balance sheet), in subsection (3)(a), after "spouse" insert "or civil partner".

142 In section 119A (meaning of "associate"), in subsection (1)(a), after "wife or husband" insert "or civil partner".

143 In Schedule 2 (the activities of a friendly society), in Head A, in class II--

(a) in the second column (description), after "Marriage" insert ", civil partnership", and

(b) in the third column (nature of business), after "sum on marriage" insert "or on the formation of a civil partnership".

Trade Union and Labour Relations Act 1992 (c. 52)

144 In section 23 (restriction on enforcement of awards against certain property), in subsection (3)(b) for "the wife" substitute "the spouse or civil partner".

145 In section 241 (intimidation or annoyance by violence or otherwise), in subsection (1)(a), for "wife" substitute "spouse or civil partner".

146 In section 292 (death of employee or employer), in subsection (3)(b), after "widow," insert "surviving civil partner,".

Charities Act 1993 (c. 10)

147 In Schedule 5 (meaning of "connected person" for purposes of section 36(2)) in paragraph 1(e) after "spouse" insert "or civil partner".

Pension Schemes Act 1993 (c. 48)

148 In section 101E(1)(b) after "or widower" insert "or surviving civil partner".

Pension Schemes (Northern Ireland) Act 1993 (c. 49)

149 In section 97E(1)(b) after "or widower" insert "or surviving civil partner".

Disability Discrimination Act 1995 (c. 50)

150 (1) In section 23 (exemption for small dwellings), amend subsection (7) as follows.

(2) In the definition of "near relative"--

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

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

(3) For the definition of "partner" substitute--

" "partner" means the other member of a couple consisting of--

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

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

Employment Rights Act 1996 (c. 18)

151 In section 57A (time off for dependants), in subsection (3)(a), after "spouse" insert "or civil partner".

Family Law Act 1996 (c. 27)

152 (1) Amend section 64 (provision for separate representation for children) as follows.

(2) Omit "or" at the end of subsection (1)(c).

(3) At the end of subsection (1)(d) insert " or

(e) Schedule 5 or 6 to the Civil Partnership Act 2004. "

Trusts of Land and Appointment of Trustees Act 1996 (c. 47)

153 In paragraph 3 of Schedule 1 (family charges), after "in consideration of marriage" insert "or the formation of a civil partnership".

Civil Procedure Act 1997 (c. 12)

154 In section 7 (power of courts to make orders for preserving evidence etc.), in subsection (7), after "spouse" insert "or civil partner".

National Minimum Wage Act 1998 (c. 39)

155 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".

Access to Justice Act 1999 (c. 22)

156 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".

Welfare Reform and Pensions Act 1999 (c. 30)

157 (1) Amend section 23 (supply of pension information in connection with divorce etc.) as follows.

(2) After subsection (1)(a)(i) insert--

" (ia) financial relief under Schedule 5 or 7 to the Civil Partnership Act 2004 (England and Wales powers in relation to domestic and overseas dissolution of civil partnerships etc.), " .

(3) In subsection (1)(a)(ii)--

(a) after "1984" insert "or Schedule 11 to the 2004 Act", and

(b) at the end, omit "or".

(4) In subsection (1)(a)(iii) for "(corresponding Northern Ireland powers);" substitute " (Northern Ireland powers corresponding to those mentioned in sub-paragraph (i)), or

(iv) financial relief under Schedule 15 or 17 to the 2004 Act (Northern Ireland powers corresponding to those mentioned in sub-paragraph (ia)); " .

(5) In subsection (1)(b), for "or (iii)" substitute "(ia), (iii) or (iv)".

158 (1) Amend section 24 (charges by pension arrangements in relation to earmarking orders) as follows.

(2) After paragraph (a) insert--

" (aa) an order under Part 1 of Schedule 5 to the Civil Partnership Act 2004 (financial provision orders in connection with dissolution of civil partnerships etc.) so far as it includes provision made by virtue of Part 6 of that Schedule (powers to include provision about pensions), " .

(3) At the end of paragraph (b) omit "or" and after paragraph (c) insert " , or

(d) an order under Part 1 of Schedule 15 to the 2004 Act so far as it includes provision made by virtue of Part 5 of that Schedule (Northern Ireland powers corresponding to those mentioned in paragraph (aa)). "

159 (1) Amend section 28 (activation of pension sharing) as follows.

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

" (aa) a pension sharing order under Schedule 5 to the Civil Partnership Act 2004, " .

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

" (da) an order under Schedule 7 to the 2004 Act (financial relief in England and Wales after overseas dissolution etc. of a civil partnership) corresponding to such an order as is mentioned in paragraph (aa), " .

(4) In subsection (1)(f)--

(a) at the end of sub-paragraph (i) insert "or between persons who are civil partners of each other", and

(b) at the end of sub-paragraph (iii) insert "or (as the case may be) on the grant, in relation to the civil partnership, of decree of dissolution or of declarator of nullity".

(5) In subsection (1)(g), after "divorce etc.)" insert "or under Schedule 11 to the 2004 Act (financial provision in Scotland after overseas proceedings)".

(6) In subsection (1)(h) for "Northern Ireland legislation, and" substitute "the Matrimonial Causes (Northern Ireland) Order 1978 (S.I. 1978/1045 (N.I. 15)),".

(7) After subsection (1)(i) insert--

" (j) a pension sharing order under Schedule 15 to the 2004 Act, and

(k) an order under Schedule 17 to the 2004 Act (financial relief in Northern Ireland after overseas dissolution etc. of a civil partnership) corresponding to such an order as is mentioned in paragraph (j). "

(8) In subsection (7)(a), omit "matrimonial".

(9) In subsection (8)--

(a) in paragraph (a), after "divorce" insert ", dissolution", and

(b) at the end of paragraph (b) insert "or, where the order is under Schedule 11 to the 2004 Act, the date of disposal of the application under paragraph 2 of that Schedule".

(10) In subsection (9)--

(a) omit "matrimonial", and

(b) in paragraphs (a) and (b)(i), after "divorce" insert ", dissolution".

160 (1) Amend section 34 ("implementation period") as follows.

(2) In subsection (1)(b)(i), omit "matrimonial".

(3) In subsection (2)--