Civil Partnership Act 2004 (c. 33)

(The document as of February, 2008)

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(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 (6)(a), omit "matrimonial".

(9) In subsection (7)--

(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 (8)--

(a) omit "matrimonial", and

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

Immigration and Asylum Act 1999 (c. 33)

162 After section 24 insert--

" 24A " Duty to report suspicious civil partnerships

(1) Subsection (3) applies if--

(a) a registration authority to whom a notice of proposed civil partnership has been given under section 8 of the Civil Partnership Act 2004,

(b) any person who, under section 8 of the 2004 Act, has attested a declaration accompanying such a notice,

(c) a district registrar to whom a notice of proposed civil partnership has been given under section 88 of the 2004 Act, or

(d) a registrar to whom a civil partnership notice has been given under section 139 of the 2004 Act,

has reasonable grounds for suspecting that the civil partnership will be a sham civil partnership.

(2) Subsection (3) also applies if--

(a) two people register as civil partners of each other under Part 2, 3 or 4 of the 2004 Act in the presence of the registrar, and

(b) before, during or immediately after they do so, the registrar has reasonable grounds for suspecting that the civil partnership will be, or is, a sham civil partnership.

(3) The person concerned must report his suspicion to the Secretary of State without delay and in such form and manner as may be prescribed by regulations.

(4) The regulations are to be made--

(a) in relation to England and Wales, by the Registrar General for England and Wales with the approval of the Chancellor of the Exchequer;

(b) in relation to Scotland, by the Secretary of State after consulting the Registrar General of Births, Deaths and Marriages for Scotland;

(c) in relation to Northern Ireland, by the Secretary of State after consulting the Registrar General in Northern Ireland.

(5) "Sham civil partnership" means a civil partnership (whether or not void)--

(a) formed between a person ("A") who is neither a British citizen nor a national of an EEA State other than the United Kingdom and another person (whether or not such a citizen or such a national), and

(b) formed by A for the purpose of avoiding the effect of one or more provisions of United Kingdom immigration law or the immigration rules.

(6) "The registrar" means--

(a) in relation to England and Wales, the civil partnership registrar acting under Part 2 of the 2004 Act;

(b) in relation to Scotland, the authorised registrar acting under Part 3 of the 2004 Act;

163 In section 166 (regulations and orders), in subsection (6)(b) after "24(3)" insert ", 24A(3)".

Representation of the People Act 2000 (c. 2)

164 (1) Amend Schedule 4 (absent voting in Great Britain) as follows.

(2) In paragraph 3(3)(c), for "his spouse," (in both places) substitute "his spouse or civil partner,".

(3) In paragraph 6(6), for "husband, wife," substitute "spouse, civil partner,".

Financial Services and Markets Act 2000 (c. 8)

165 In section 422 (controller), in subsection (4)(a), after "spouse" insert "or civil partner".

166 In Schedule 11 (offers of securities), in paragraph 16(2), after "wife, husband, widow, widower" insert ", civil partner, surviving civil partner,".

Land Registration Act 2002 (c. 9)

167 In section 125 (privilege against self-incrimination), in subsection (2), after "spouse" insert "or civil partner".

Enterprise Act 2002 (c. 40)

168 In section 127 (associated persons), in subsections (4)(a) and (c) and (6), after "spouse" (in each place) insert ", civil partner".

169 In section 222 (bodies corporate: accessories), in subsection (10), after "spouse" in paragraphs (a), (c), (d) and (e) (in each place) insert "or civil partner".

Licensing Act 2003 (c. 17)

170 In section 101 (minimum of 24 hours between event periods), in subsection (3)(a) and (d), after "spouse" insert "or civil partner".

Local Government Act 2003 (c. 26)

171 In paragraph 2(1)(a) of Schedule 4 (spouse of employee of the Valuation Tribunal Service disqualified for appointment as member of the Service), after "is married to" insert "or is the civil partner of".

Courts Act 2003 (c. 39)

172 In section 76 (further provision about scope of Family Procedure Rules), in subsection (2)(b), after "divorce county court" insert "or civil partnership proceedings county court (within the meaning of Part 5 of the Matrimonial and Family Proceedings Act 1984)".

Sexual Offences Act 2003 (c. 42)

173 (1) Amend section 23 (sections 16 to 19: marriage exception) as follows.

(2) At the end of subsection (1)(b) insert "or civil partners of each other".

(3) In subsection (2), for "were lawfully married at the time" substitute "were at the time lawfully married or civil partners of each other".

(4) In the heading to section 23 for "marriage exception" substitute "exception for spouses and civil partners".

174 (1) Amend section 28 (sections 25 and 26: marriage exception) as follows.

(2) At the end of subsection (1)(b) insert "or civil partners of each other".

(3) In subsection (2), for "were lawfully married at the time" substitute "were at the time lawfully married or civil partners of each other".

(4) In the heading to section 28 for "marriage exception" substitute "exception for spouses and civil partners".

175 (1) Amend section 43 (sections 38 and 41: marriage exception) as follows.

(2) At the end of subsection (1)(b) insert "or civil partners of each other".

(3) In subsection (2), for "were lawfully married at the time" substitute "were at the time lawfully married or civil partners of each other".

(4) In the heading to section 43 for "marriage exception" substitute "exception for spouses and civil partners".

Section 261(2)

SCHEDULE 28 Consequential amendments: Scotland

Part 1 Amendments of the Succession (Scotland) Act 1964 (c. 41)

1 In section 1(2) (intestacy: saving for legal rights or prior rights), after "spouse" insert "or civil partner".

2 In section 2(1)(e) (intestacy: succession rights of surviving spouse)--

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

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

3 In section 5(1) (representation on intestacy), for "or spouse" substitute ", spouse or civil partner".

4 In section 8 (prior rights on intestacy in dwelling house and furniture), in subsections (1), (3) and (4), after "spouse" (in each place, including the provisos to subsections (1) and (3)) insert "or civil partner".

5 In section 9 (prior right to financial provision on intestacy)--

(a) in subsection (1), for "or wife, the surviving spouse" substitute ", wife or civil partner the survivor", and

(b) in the proviso to that subsection and in subsections (2), (3), (4) and (6), after "spouse", (in each place) insert "or civil partner".

6 In section 10(2) (calculation of legal rights), for "jus relicti, jus relictae or legitim" substitute "legal rights".

7 In section 15(2)(a) (transfer of heritage in satisfaction of claim to legal rights or prior rights), after "spouse" insert "or civil partner".

8 In section 16(2) (transfer of interest of tenant notwithstanding condition prohibiting assignation), after "spouse" insert "or civil partner".

9 In section 31(1) (presumption of survivorship in respect of claims to property)--

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

(b) in paragraph (a), after "wife" insert "or civil partners to each other".

10 In section 36(1) (interpretation), in the definition of "prior rights", after "spouse" insert "or civil partner".

Part 2 Amendments of the Family Law (Scotland) Act 1985 (c. 37)

11 In section 1(1) (obligation of aliment), after paragraph (b) insert--

" (bb) a partner in a civil partnership to the other partner, " .

12 (1) Amend section 2 (actions for aliment) as follows.

(2) in subsection (2), after paragraph (a) insert--

" (aa) for dissolution of a civil partnership, separation of civil partners or declarator of nullity of a civil partnership, " .

(3) In subsection (9), after "wife" insert "or the partners in a civil partnership".

13 In section 6(1) (interim aliment)--

(a) in paragraph (a), for "party" (in both places) substitute "person",

(b) after paragraph (b) insert--

" (c) in an action for dissolution of a civil partnership, separation of civil partners or declarator of nullity of a civil partnership, by either partner against the other partner, " .

14 (1) Amend section 8 (orders for financial provision) as follows.

(2) In subsection (1)--

(a) after "either party to the marriage" insert "and in an action for dissolution of a civil partnership, either partner", and

(b) in each of paragraphs (a) to (c), for "marriage" substitute "action".

(3) In subsection (5), after "marriage" insert "or the partners in a civil partnership".

15 (1) Amend section 9 (principles to be applied in deciding what order if any to make for financial provision) as follows.

(2) In subsection (1)--

(a) in paragraph (a), at the end insert "or as the case may be the net value of the partnership property should be so shared between the partners in the civil partnership",

(b) in paragraph (b), for "party" (in each place) substitute "person",

(c) in paragraph (c), the existing words "after divorce, for a child of the marriage under the age of 16 years" become sub-paragraph (i), after that sub-paragraph insert--

" (ii) after dissolution of the civil partnership, for a child under that age who has been accepted by both partners as a child of the family, " ,

and for "parties" substitute "persons",

(d) in paragraph (d), for "party" (in both places) substitute "person", the existing words "the date of the decree of divorce, to the loss of that support on divorce" become sub-paragraph (i) and after that sub-paragraph insert--

" (ii) the date of the decree of dissolution of the civil partnership, to the loss of that support on dissolution, " and

(e) in paragraph (e), for "party" substitute "person", after first "divorce" insert "or of the dissolution of the civil partnership," and after second "divorce" insert "or dissolution".

(3) In subsection (2), in the definitions of "economic advantage" and "contributions", after "marriage" insert "or civil partnership".

16 (1) Amend section 10 (sharing of value of matrimonial property) as follows.

(2) In subsection (1)--

(a) after "property" insert "or partnership property", and

(b) for "the parties to the marriage" substitute "persons".

(3) In subsection (2)--

(a) omit first "matrimonial",

(b) for "the parties or either of them" substitute "one or both of the parties to the marriage or as the case may be of the partners",

(c) in paragraph (a), after "property" insert "or before the registration of the partnership so far as they relate to the partnership property", and

(d) in paragraph (b), at the end insert "or partnership".

(4) In subsection (3)--

(a) in paragraph (a), for "parties" substitute "persons", and

(b) in paragraph (b), at the end insert "or for dissolution of the civil partnership".

(5) After subsection (4) insert--

" (4A) Subject to subsection (5) below, in this section and in section 11 of this Act "the partnership property" means all the property belonging to the partners or either of them at the relevant date which was acquired by them or by one of them (otherwise than by way of gift or succession from a third party)--

(a) before the registration of the partnership for use by them as a family home or as furniture or plenishings for such a home, or

(b) during the partnership but before the relevant date. "

(6) In subsection (5)--

(a) for "party" (in each place) substitute "person", and

(b) at the end insert "or partnership property".

(7) In subsection (6)--

(a) in paragraph (a), for "parties" substitute "persons" and at the end insert "or partnership property",

(b) in paragraph (b), after "property" insert "or partnership property", for "parties" substitute "persons" and at the end insert "or partnership",

(d) in paragraph (d), after "property" insert "or partnership property" and for "matrimonial" substitute "family", and

(e) in paragraph (e), at the end insert "or the dissolution of the civil partnership".

(8) In subsection (7), for "parties" (in both places) substitute "persons".

17 (1) Amend section 11 (factors to be taken into account) as follows.

(2) In subsection (2)--

(a) in paragraph (a), for "party" (in both places) substitute "person", and

(b) in paragraph (b), after "property" insert "or the partnership property".

(3) In subsection (3)(g), for "parties" substitute "persons".

(4) In subsection (4)--

(a) in each of paragraphs (a) and (c), for "party" substitute "person",

(b) in paragraph (b), for "party prior to divorce" substitute "person prior to divorce or to the dissolution of the civil partnership", and

(5) In subsection (5)--

(a) in paragraph (a), for "party" substitute "person",

(b) in paragraph (b), at the end insert "or of the civil partnership",

(c) in paragraph (c), for "parties during the marriage" substitute "persons during the marriage or civil partnership", and

(d) in paragraph (d), for "parties" substitute "persons".

(6) In subsection (6), for "party" substitute "person".

(7) In subsection (7), after "party" insert "to the marriage or as the case may be of either partner".

18 (1) Amend section 12 (orders for payment of capital sum or transfer of property) as follows.

(2) In subsection (1)--

(a) in paragraph (a), at the end insert "or of dissolution of a civil partnership", and

(b) in paragraph (b), for "decree of divorce" substitute "the decree".

(3) In subsection (4), the existing words "either party to the marriage" become paragraph (a) and after that paragraph insert the following paragraph--

" (b) either partner, " .

19 (1) Amend section 12A (orders for payment of capital sum: pensions lump sums) as follows.

(2) In subsection (1)--

(a) for "("the liable party")" substitute "or a partner in a civil partnership ("the liable person")", and

(b) in paragraph (a), after "property" insert "or the partnership property" and for "party" substitute "person".

(3) In subsection (2), for "("the other party")" substitute "or as the case may be to the other partner ("the other person")".

(4) In each of subsections (3) to (8), for "party", wherever it occurs, substitute "person".

20 (1) Amend section 13 (orders for periodical allowance) as follows.

(2) In subsection (1)--

(a) in paragraph (a), at the end insert "or of dissolution of a civil partnership",

(b) in paragraph (b), for "decree of divorce" substitute "the decree", and

(3) In subsection (4), after "executor" insert ", or as the case may be either partner or his executor,".

(4) in subsection (7)--

(a) in paragraph (a), for "party" substitute "person" and for "party's" substitute "person's", and

(b) for paragraph (b) substitute--

" (b) shall cease to have effect on the person receiving payment--

(i) marrying,

(ii) entering into a civil partnership, or

(iii) dying,

except in relation to any arrears due under it. " .

21 (1) Amend section 14 (incidental orders) as follows.

(2) In subsection (1), at the end insert "or of dissolution of a civil partnership".

(3) In subsection (2)--

(a) in paragraph (c), after "marriage" insert ", or as the case may be the partners,",

(b) in paragraph (d), the existing words "the matrimonial home" become sub-paragraph (i), after that sub-paragraph insert "or" and the following sub-paragraph--

" (ii) the family home of the partnership, " ,

and for "party to the marriage" substitute "person",

(c) in paragraph (e), for "parties" substitute "persons", the existing words "the matrimonial home" become sub-paragraph (i) and after that sub-paragraph insert "or" and the following sub-paragraph--

" (ii) the family home of the partnership, " ,

(d) in paragraph (g), for "party to the marriage" substitute "person", and

(e) in paragraph (h), at the end insert "or in any corresponding settlement in respect of the civil partnership".

(4) In subsection (3), for "decree of divorce" substitute "the decree".

(5) After subsection (5) insert--

" (5A) So long as an incidental order granting a partner in a civil partnership the right to occupy a family home or the right to use furnishings and plenishings therein remains in force then--

(a) section 102(1), (2), (5)(a) and (9) of the Civil Partnership Act 2004, and

(b) subject to section 15(3) of this Act, section 111 of that Act,

shall, except to the extent that the order otherwise provides, apply in relation to the order in accordance with subsection (5B).

(5B) Those provisions apply--

(a) as if that partner were a non-entitled partner and the other partner were an entitled partner within the meaning of section 101 or 106(2) of that Act as the case may require,

(b) as if the right to occupy a family home under that order were a right specified in paragraph (a) or (b) of section 101(1) of that Act, and

(6) In subsection (7), at the end insert "or of dissolution of a civil partnership".

22 (1) Amend section 16 (agreements on financial provision) as follows.

(2) In subsection (1)--

(a) after "marriage" insert "or the partners in a civil partnership", and

(b) after "divorce" insert "or on dissolution of the civil partnership".

(3) In subsection (3)--

(a) after "marriage" insert "or the partners in a civil partnership",

(b) after first "divorce" insert "or on dissolution of the civil partnership",

(c) in paragraphs (a) to (c), for "party" and "party's" (in each place) substitute, respectively, "person" and "person's", and

(d) after second "divorce" insert "or of dissolution of the civil partnership".

23 (1) Amend section 17 (financial provision on declarator of nullity of marriage) as follows.

(2) In subsection (1)--

(a) after first "marriage" insert "or of a civil partnership",

(b) after first "divorce" insert "or for dissolution of a civil partnership",

(c) after second "marriage" insert "and "action for dissolution of a civil partnership" includes an action for declarator of nullity of a civil partnership", and

(d) for "and "divorce"" substitute ", "divorce" and "dissolution of a civil partnership"".

(3) In subsection (2)--

(a) after first "marriage" insert "or of nullity of a civil partnership", and

(b) at the end insert "or civil partnership".

24 In section 18(1) (orders relating to avoidance transactions), for "party" (in both places) substitute "person".

25 In section 21 (award of aliment or custody where divorce or separation refused)--

(a) for "or separation" substitute ", separation or dissolution of a civil partnership", and

(b) for "parties" substitute "persons".

26 (1) In section 22 (expenses of action)--

(a) for "party to a marriage" substitute "person",

(b) for paragraph (a) substitute--

" (a) an action for aliment brought--

(i) by either party to a marriage, or

(ii) by either party in a civil partnership,

on his own behalf against the other party or partner, " ,

(c) in paragraph (b), after "separation" insert "(whether of the parties to a marriage or the civil partners in a civil partnership)",

(d) after paragraph (b) insert--

" (bb) an action for dissolution of a civil partnership, declarator that a civil partnership exists or declarator of nullity of a civil partnership, " , and

(e) after fifth "marriage" insert "or the other partner in the civil partnership".

27 In section 24(1) (marriage not to affect property rights or legal capacity)--

(a) after fifth "marriage" insert "or civil partnership",

(b) in paragraph (a), after "marriage" insert ", or as the case may be the partners in the civil partnership,", and

28 (1) Amend section 25 (presumption of equal shares in household goods) as follows.

(2) In subsection (1)--

(a) after first and third "marriage" insert "or civil partnership", and

(b) after second "marriage" insert "or the partners in a civil partnership",

(3) In subsection (2), the existing words "the parties were married" become paragraph (a) and after that paragraph insert--

" (b) the partners were in civil partnership, " , and

(4) In subsection (3)--

(a) for "in any matrimonial" substitute "or civil partnership in any family", and

(b) after second "marriage" insert "or the partners".

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