Civil Partnership Act 2004 (c. 33)

(The document as of February, 2008)

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

29 In section 26 (presumption of equal shares in money and property derived from housekeeping allowance)--

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

(b) after second "marriage" insert "or as the case may be of a partner in a civil partnership", and

30 In section 27(1) (interpretation)--

(a) at the appropriate places insert--

" "civil partnership", in relation to an action for declarator of nullity of a civil partnership, means purported civil partnership, " ,

" "partner", in relation to a civil partnership, includes a person who has a partner in a civil partnership which has been terminated and an ostensible partner in a civil partnership which has been annulled, " , and

(b) in the definition of "family", at the end insert "and in relation to a civil partnership means the members of the civil partnership together with any child accepted by them both as a child of the family."

Part 3 Amendments of the Bankruptcy (Scotland) Act 1985 (c. 66)

31 In section 16(4) (presentation of petition for recall of sequestration), for "section 41(1)(b)" substitute "sections 41(1)(b) and 41A(1)(b)".

32 In section 17(8)(b) (duties of clerk of court in relation to recall of sequestration), after "41(1)(b)(ii)" insert "or 41A(1)(b)(ii)".

33 In section 20(4) (powers of interim trustee in relation to obtaining information as to debtor's assets)--

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

(b) after "debtor, spouse" insert ", civil partner".

34 In section 32(3)(b) (the expression "relevant obligations"), at the end insert "or former civil partner".

35 In section 34(7) (gratuitous alienations: saving for operation of Married Women's Policies of Assurance (Scotland) Act 1880), at the end insert "including the operation of that section as applied by section 132 of the Civil Partnership Act 2004".

36 (1) Amend section 40 (power of permanent trustee in relation to debtor's family home) as follows.

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

" (aa) the needs and financial resources of the debtor's civil partner or former civil partner; " .

(3) In paragraph (d) of that subsection, for "paragraph (a) or (b)" substitute "paragraphs (a) to (b)".

(4) In subsection (4)--

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

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

37 After section 41 insert--

" 41A " Protection of rights of civil partner against arrangements intended to defeat them

(1) If a debtor's sequestrated estate includes a family home of which the debtor, immediately before the date of issue of the act and warrant of the permanent trustee (or, if more than one such act and warrant is issued in the sequestration, of the first such issue) was an entitled partner and the other partner in the civil partnership is a non-entitled partner--

(a) the permanent trustee shall, where he--

(i) is aware that the entitled partner is in civil partnership with the non-entitled partner; and

(ii) knows where the non-entitled partner is residing,

inform the non-entitled partner, within the period of 14 days beginning with that date, of the fact that sequestration of the entitled partner's estate has been awarded, of the right of petition which exists under section 16 of this Act and of the effect of paragraph (b) below; and

(b) the Court of Session, on the petition under section 16 of this Act of the non-entitled partner presented either within the period of 40 days beginning with that date or within the period of 10 weeks beginning with the date of sequestration may--

(i) under section 17 of this Act recall the sequestration; or

(ii) make such order as it thinks appropriate to protect the occupancy rights of the non-entitled partner,

if it is satisfied that the purpose of the petition for sequestration was wholly or mainly to defeat the occupancy rights of the non-entitled partner.

(2) In subsection (1) above--

"entitled partner" and "non-entitled partner" have the same meanings as in section 101 of the Civil Partnership Act 2004;
"family home" has the meaning assigned by section 135 of the 2004 Act; and
"occupancy rights" means the rights conferred by subsection (1) of that section 101. "

38 In section 44(1)(b) (request for order requiring private examination of certain persons before sheriff)--

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

(b) after "such spouse" insert ", civil partner".

39 In section 51(3)(b) (meaning of "postponed debt"), at the end insert "or civil partner".

40 In section 74 (interpretation), in each of subsections (2) and (4), for "husband or wife" (in each place) substitute "husband, wife or civil partner".

41 (1) Amend Schedule 1 (determination of amount of creditor's claim) as follows.

(2) In paragraph 2(1)(a), the words "in the case of spouses (or, where the aliment is payable to a divorced person in respect of a child, former spouses)" become paragraph 2(1)(a)(i).

(3) At the end of paragraph 2(1)(a)(i) insert " , or

(ii) in the case of civil partners (or, where the aliment is payable to a former civil partner in respect of a child after dissolution of a civil partnership, former civil partners), " .

(4) In paragraph 2(2), after "divorce" insert "or on dissolution of a civil partnership".

Part 4 Miscellaneous amendments

Damages (Scotland) Act 1976 (c. 13)

42 (1) In Schedule 1 (definition of "relative"), amend paragraph 1 as follows.

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

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

(b) at the end insert "or in a relationship which had the characteristics of the relationship between civil partners".

(3) After sub-paragraph (e), omit "and".

(4) After sub-paragraph (f), insert " and

(g) any person who, having been a civil partner of the deceased, had ceased to be so by virtue of the dissolution of the civil partnership " .

Marriage (Scotland) Act 1977 (c. 15)

43 Amend section 3 (notice of intention to marry) as follows--

(a) in subsection (1), after paragraph (a) insert--

" (aa) if he has previously been in civil partnership and the civil partnership has been dissolved, a copy of the decree of dissolution or annulment; " , and

(b) in subsection (2), after "paragraph (a)" insert ", (aa)".

44 In section 5(4)(b) (ground on which there is a legal impediment to a marriage), at the end insert "or in civil partnership".

Presumption of Death (Scotland) Act 1977 (c. 27)

45 (1) Amend section 1(3) (jurisdiction of Court of Session to entertain action of declarator) as follows.

(2) In paragraph (b)(i), after "spouse" insert "or civil partner".

(3) After paragraph (b) insert " ; or

(c) in a case where the pursuer in the action is the civil partner of the missing person, the following conditions are met--

(i) the two people concerned registered as civil partners of each other in Scotland; and

(ii) it appears to the court to be in the interests of justice to assume jurisdiction in the case. "

46 (1) Amend section 3 (effect of decree) as follows.

(2) In subsection (1), after "marriage" insert "or of a civil partnership".

(3) In subsection (3)--

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

(b) for "the dissolution of the marriage" substitute "its dissolution".

Administration of Justice Act 1982 (c. 53)

47 In section 13(1) (interpretation), in the definition of "relative", after paragraph (a) insert--

" (aa) the civil partner or former civil partner; " .

Rent (Scotland) Act 1984 (c. 58)

48 In Schedule 1 (statutory tenants by succession)--

(a) in paragraph 2, after "spouse" (in both places) insert "or civil partner" and after "spouse's" insert "or civil partner's", and

(b) in paragraph 6, after "spouse" (in both places) insert "or civil partner".

49 In Schedule 1A (statutory or statutory assured tenants by succession: certain cases), in paragraph 2--

(a) in sub-paragraph (1), after "spouse" (in both places) insert "or civil partner" and after "spouse's" insert "or civil partner's",

(b) in sub-paragraph (2), at the end insert "and a person who was living with the original tenant in a relationship which had the characteristics of the relationship between civil partners shall be treated as the civil partner of the original tenant", and

(c) in sub-paragraph (3), after "couples)" insert "or under section 101 of the Civil Partnership Act 2004" and after "spouse" insert ", or as the case may be as the surviving civil partner,".

Mental Health (Scotland) Act 1984 (c. 36)

50 (1) Amend section 53 (definition of "relative" and "nearest relative") as follows.

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

(3) In subsection (4)--

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

(b) in paragraph (c), after "wife," insert "civil partner,".

(4) After subsection (5) insert--

" (5A) In this section "civil partner" includes a person who is living with the patient in a relationship which has the characteristics of the relationship between civil partners (or, if the patient is for the time being an in-patient in a hospital, was so living until the patient was admitted), and has been or had been so living for a period of not less than 6 months; but a person shall not be treated by virtue of this subsection as the nearest relative of a partner in a civil partnership unless the civil partner of the patient is disregarded by virtue of paragraph (b) of subsection (4) of this section. "

(5) In subsection (6)(b)--

(a) after "married patient" insert "or of a partner in a civil partnership", and

(b) after "wife" insert ", or as the case may be the civil partner,".

51 In section 54 (children and young persons in care of local authority), for "or wife" substitute ", wife or civil partner".

Housing Associations Act 1985 (c. 69)

52 (1) Amend section 105 (meaning of "member of a person's family") as follows.

(2) In subsection (1)(a)--

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

(b) at the end insert "or in a relationship which has the characteristics of the relationship between civil partners".

(3) In subsection (2)(a), after "a relationship by marriage" insert "or civil partnership".

Debtors (Scotland) Act 1987 (c. 18)

53 In section 106 (interpretation), in paragraph (a) of the definition of "maintenance order"--

(a) after "divorce" insert "or on dissolution of a civil partnership", and

(b) after "marriage" insert "or of nullity of a civil partnership".

Housing (Scotland) Act 1987 (c. 26)

54 In section 83 ("members of a person's family")--

(a) in subsection (1)(a), after "spouse" insert "or civil partner",

(b) in subsection (2)(a), after "marriage" insert "or by virtue of civil partnership", and

Civil Evidence (Scotland) Act 1988 (c. 32)

55 (1) Amend section 8 (evidence in actions concerning family relationships, etc.) as follows.

(2) In subsection (2), for "separation or declarator of marriage, nullity of marriage" substitute "for dissolution of civil partnership, for separation of spouses or of civil partners, for declarator of marriage or of nullity of marriage or of civil partnership or for".

(3) After subsection (3) insert--

" (3A) Subject to subsection (4) below, in any action for dissolution of civil partnership, separation of civil partners or declarator of nullity of civil partnership, the evidence referred to in subsection (1) above shall consist of or include evidence other than that of a partner in the civil partnership (or purported civil partnership). "

(4) In subsection (4), after "(3)" insert "or (3A)".

Housing (Scotland) Act 1988 (c. 43)

56 (1) Amend section 31 (right of succession of spouse) as follows.

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

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

(4) In subsection (4)--

(a) the existing words from "as his" to the end become paragraph (a), and

(b) after that paragraph insert the following paragraph--

" (b) in a relationship which had the characteristics of the relationship between civil partners shall be treated as the tenant's civil partner " .

57 In Part 1 of Schedule 5 (grounds on which sheriff must order possession), in paragraph (b) of ground 1, after "spouse's" insert "or civil partner's".

Crofters (Scotland) Act 1993 (c. 44)

58 In section 61(2) (interpretation), for "or husband" substitute ", husband or civil partner".

Civil Evidence (Family Mediation) (Scotland) Act 1995 (c. 6)

59 In section 1(2) (inadmissibility in civil proceedings of information as to what occurred during family mediation), after paragraph (c) insert the following paragraph--

" (cc) between partners in a civil partnership or persons in a purported civil partnership concerning matters arising out of the breakdown or termination of their relationship, " .

Children (Scotland) Act 1995 (c. 36)

60 (1) Amend section 12 (restrictions on decrees for divorce, separation or annulment affecting children) as follows.

(2) In subsection (1), the existing words "divorce, judicial separation, or declarator of nullity of marriage" become paragraph (a) and after that paragraph insert "or" and the following paragraph--

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

(3) In subsection (4)--

(a) the existing words from "the parties" to the end become paragraph (a) (with the existing paragraphs (a) and (b) becoming sub-paragraphs (i) and (ii)), and

(b) after the new paragraph (a) insert "or" and the following paragraph--

" (b) the partners in a civil partnership, means a child who has been accepted by both partners as a child of the family which their partnership constitutes. " .

61 In section 54(2) (reference to the Principal Reporter by court), after paragraph (a) insert--

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

Sexual Offences (Amendment) Act 2000 (c. 44)

62 In section 3(2)(c) (abuse of position of trust: defence), after "to" insert ", or in civil partnership with,".

Housing (Scotland) Act 2001 (asp 10)

63 In section 31(c) (effect of work on rent)--

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

(b) for "husband and wife except that the persons are of the same sex" substitute "civil partners".

64 (1) Amend section 108 (meaning of "family" etc.) as follows.

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

(3) In subsection (2)(a), after "marriage" insert "or by virtue of civil partnership".

65 (1) Amend Schedule 2 (grounds for recovery of possession of house) as follows.

(2) In paragraph 5--

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

(b) in sub-paragraph (b), for "husband and wife except that the persons are of the same sex" substitute "civil partners".

(3) In paragraph 15--

(a) in sub-paragraph (a), for "(or former spouse)" substitute "or civil partner (or former spouse or former civil partner)", and

(b) in sub-paragraph (b), for "husband and wife except that the persons are of the same sex" substitute "civil partners".

66 In Schedule 3 (succession: qualified persons), in paragraph 2(1)(a)--

(a) in sub-head (i), after "spouse" insert "or civil partner", and

(b) in sub-head (ii), for "husband and wife except that the persons are of the same sex" substitute "civil partners".

Criminal Justice (Scotland) Act 2003 (asp 7)

67 (1) Amend section 14 (victim statements) as follows.

(2) In subsection (10)(a), at the end insert "or civil partner".

(3) For subsection (11) substitute--

" (11) In subsection (10)(b), "cohabitee" means a person who has lived with the victim--

(a) as if in a married relationship; or

(b) in a relationship which had the characteristics of the relationship between civil partners,

for at least six months and was so living immediately before the offence (or apparent offence) was perpetrated. "

Agricultural Holdings (Scotland) Act 2003 (asp 11)

68 (1) Amend section 71 (meaning of "family") as follows.

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

(3) In subsection (3)(a), after "marriage" insert "or by virtue of civil partnership".

Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13)

69 (1) Amend section 254 (meaning of "nearest relative") as follows.

(2) In subsection (2)(a), at the end insert "or civil partner".

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

(4) In subsection (7)(a)(ii), for "husband and wife except that the person and the relevant person are of the same sex" substitute "civil partners".

70 In section 313(5)(a)(ii) (defence in respect of sexual offence), after "spouse" insert "or civil partner".

Section 261(3)

SCHEDULE 29 Minor and consequential amendments: Northern Ireland

Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.))

1 In section 46 (miscellaneous definitions), in subsection (2), after the definition of "barrister-at-law" insert--

" "civil partnership" means a civil partnership which exists under the Civil Partnership Act 2004 (and any reference to a civil partner shall be construed accordingly); " .

Trustee Act (Northern Ireland) 1958 (c. 23 (N.I.))

2 (1) Amend section 32(3)(a) (trust on reaching 18 or marrying under that age of accumulations during infancy) as follows.

(2) In sub-paragraph (i)--

(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 (ii), after "marriage" insert ", or on formation of a civil partnership,".

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

3 (1) Amend section 34(1)(b) (trust to maintain principal beneficiary and his spouse and issue on failure of protective trust under paragraph (a)(ii)) as follows.

(2) In sub-paragraphs (i) and (ii), for "wife or husband" substitute "spouse or civil partner".

(3) In sub-paragraph (ii), after "married" insert "or formed a civil partnership".

Perpetuities Act (Northern Ireland) 1966 (c. 2 (N.I.))

4 (1) Amend section 3 (uncertainty as to remoteness) as follows.

(2) In subsection (4)(a), after "spouse" insert "or civil partner".

(3) In subsection (5)(f), after "spouse" insert "or civil partner".

5 (1) Amend section 5 (condition relating to death of surviving spouse) as follows.

(2) After "spouse" insert "or civil partner".

(3) In the heading to section 5, after "spouse" insert "or civil partner".

Office and Shop Premises Act (Northern Ireland) 1966 (c. 26 (N.I.))

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

Maintenance and Affiliation Orders Act (Northern Ireland) 1966 (c. 35 (N.I.))

7 In section 10 (orders to which Part 2 of the Act applies), in subsection (2), after paragraph (h) insert--

" (i) paragraph 2(1)(a) or (d), 33, 34(3) or 36(1)(a) or (d) of Schedule 15, Schedule 16, or paragraph 9 of Schedule 17 so far as that paragraph applies Part 1 of Schedule 15, to the Civil Partnership Act 2004; " .

8 (1) Amend section 13 (variation of orders registered in courts of summary jurisdiction) as follows.

(2) In subsection (5A), after "1980" insert "or paragraph 42 of Schedule 16 to the Civil Partnership Act 2004".

(3) In subsection (7B), after "1989" insert "or paragraph 9 of Schedule 17 so far as that paragraph applies Part 1 of Schedule 15".

Census Act (Northern Ireland) 1969 (c. 8 (N.I.))

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

Theft Act (Northern Ireland) 1969 (c. 16 (N.I.))

10 (1) Amend section 29(1) (effect on civil proceedings and rights) as follows.

(2) For "wife or husband" substitute "spouse or civil partner".

(3) 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".

Industrial and Provident Societies Act (Northern Ireland) 1969 (c. 24 (N.I.))

11 (1) Amend section 22 (nomination to property in society) as follows.

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

(3) In subsection (6)--

(a) for "marriage of" substitute "formation of a marriage or civil partnership by";

(b) after "before the marriage" insert "or civil partnership was formed";

12 In the definition of "member of the family" in section 101(1) (interpretation), for "husband, wife," substitute "spouse, civil partner,".

Land Registration Act (Northern Ireland) 1970 (c. 18 (N.I.))

13 In Schedule 11 (matters required to be registered in the Statutory Charges Register), after paragraph 45 insert--

" 46 An order under paragraph 67(2) of Schedule 15 to the Civil Partnership Act 2004 to the extent that by virtue of paragraph 69(1)(b) of that Schedule it renders liable to be set aside at the instance of an applicant for financial relief a disposition of any land in Northern Ireland which is specified in the order. "

Leasehold (Enlargement and Extension) Act (Northern Ireland) 1971 (c. 7 (N.I.))

14 In section 1 (general right to acquire fee simple or to obtain extension of lease), in subsection (3)(f)(i) to (iv), after "spouse" insert "or civil partner".

15 In section 19 (restrictions on right to extension of lease or to acquire fee simple), in subsection (1)(a)(i), after "spouse" insert "or civil partner".

Civil Evidence Act (Northern Ireland) 1971 (c. 36 (N.I.))

16 (1) Amend section 10 (privilege against incrimination of self or spouse).

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

(3) In the heading to section 10, after "spouse" insert "or civil partner".

Local Government Act (Northern Ireland) 1972 (c. 9 (N.I.))

17 In section 30 (relatives of councillors), in subsection (6) (relevant family relationship)--

(a) after "husband and wife" insert "or civil partners";

(b) after "husband or wife" insert (in both places) "or civil partner".

18 In section 146 (interpretation: pecuniary interests), in subsection (2) (interests of spouses living together)--

(a) after "spouses" insert (in both places) "or civil partners";

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

Employer's Liability (Defective Equipment and Compulsory Insurance) (Northern Ireland) Order 1972 (S.I. 1972/963 (N.I. 6))

19 In Article 6(a) (persons whom employer is not required to insure) after "husband, wife," insert "civil partner,".

Births and Deaths Registration (Northern Ireland) Order 1976 (S.I. 1976/1041 (N.I. 14))

20 In Article 2(2) (interpretation), in the definition of "relative", after "by marriage" insert "or civil partnership".

Sex Discrimination (Northern Ireland) Order 1976 (S.I. 1976/1042 (N.I. 15))

21 In Article 2(6) (meaning of "near relative")--

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