Civil Partnership Act 2004 (c. 33)

(The document as of February, 2008)

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100 In Article 171 (self-incrimination), in paragraph (2), after "spouse" insert "or civil partner".

Trade Union and Labour Relations (Northern Ireland) Order 1995(S.I.1995/1980 (N.I.12))

101 In Article 125 (intimidation or annoyance by violence or otherwise), in paragraph (1)(a), for "wife" substitute "spouse or civil partner".

Employment Rights (Northern Ireland) Order 1996 (S.I. 1996/1919 (N.I. 16))

102 In Article 85A (time off for dependants), in paragraph (3)(a), after "spouse" insert "or civil partner".

103 In Article 248 (institution or continuance of tribunal proceedings), in paragraph (5)(b), for "widow or widower" substitute "surviving spouse, surviving civil partner".

Registration of Clubs (Northern Ireland) Order 1996 (S.I. 1996/3159 (N.I. 23))

104 In Schedule 1 (provisions to be included in rules of club), in paragraph 11, for "husband, wife" substitute "spouse, civil partner".

Race Relations (Northern Ireland) Order 1997 (S.I. 1997/869 (N.I. 6))

105 In Article 23(7) (exceptions: meaning of "near relative")--

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

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

Fair Employment and Treatment (Northern Ireland) Order 1998 (S.I. 1998/3162 (N.I. 21))

106 In Article 30(7) (exceptions: meaning of "near relative")--

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

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

107 In Article 69(3)(c) (interpretation: connected person), after "wife or husband" (in each place) substitute "or civil partner".

Welfare Reform and Pensions (Northern Ireland) Order 1999 (S.I. 1999/3147 (N.I. 11))

108 (1) Amend Article 21 (supply of pension information in connection with divorce etc.) as follows.

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

" (ia) financial relief under Schedule 15 or 17 to the Civil Partnership Act 2004 (powers in relation to domestic and overseas dissolution of civil partnerships etc.); " .

(3) In paragraph (1)(a)(ii), after "1984" insert "or Schedule 5 or 7 to the 2004 Act".

(4) In paragraph (1)(a)(iii), after "1984" insert "or Schedule 11 to the 2004 Act".

(5) In paragraph (1)(b), after "(a)(i)" insert ", (ia)".

109 (1) Amend Article 22 (charges by pension arrangements in relation to earmarking orders) as follows.

(2) After paragraph (a) insert--

" (aa) an order under Part 1 of Schedule 15 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 5 of that Schedule (powers to include provision about pensions), " .

(3) At the end of paragraph (b) omit "or" and after that paragraph insert--

" (bb) an order under Part 1 of Schedule 5 to the 2004 Act so far as it includes provision made by virtue of Part 6 of that Schedule (England and Wales powers corresponding to those mentioned in paragraph (aa)), or " .

110 (1) Amend Article 25 (activation of pension sharing) as follows.

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

" (aa) a pension sharing order under Schedule 15 to the Civil Partnership Act 2004, " .

(3) After paragraph (1)(b) insert--

" (ba) 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 (aa), " .

111 (1) Amend Article 31 ("implementation period") as follows.

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

(3) In paragraph (2)--

(a) omit "matrimonial", and

(b) in sub-paragraph (b), after "divorce" insert ", dissolution".

112 (1) Amend Article 45 (activation of benefit sharing) as follows.

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

" (aa) a pension sharing order under Schedule 15 to the Civil Partnership Act 2004, " .

(3) After paragraph (1)(b) insert--

Housing (Northern Ireland) Order 2003 (S.I. 2003/412 (N.I. 2))

113 In Article 85 (meaning of exempt disposal), after paragraph (3)(d) insert--

" (e) Part 2 of Schedule 15 or 17 to the Civil Partnership Act 2004;. "

Marriage (Northern Ireland) Order 2003 (S.I. 2003/413 (N.I. 3))

114 (1) Amend Article 5 (power to require evidence) as follows.

(2) In paragraph (3)(c), after "marital" insert "and civil partnership".

(3) After paragraph (3) insert--

" (4) In paragraph (3)(c), "marital and civil partnership status", in relation to a person, means whether that person has previously formed a marriage or a civil partnership, and if so, whether that marriage or civil partnership has ended. "

115 In Article 6 (objections), in paragraph (6)(b), after "married" insert "or a civil partner".

Access to Justice (Northern Ireland) Order 2003 (S.I. 2003/435 (N.I. 10))

116 In Article 39 (conditional fee agreements: supplementary), in paragraph (2) (definition of "family proceedings"), after sub-paragraph (f) insert--

" (g) Chapter 2 of Part 4 of, or Schedules 15, 16 or 17 to the Civil Partnership Act 2004, " .

In Schedule 2 (civil legal services: excluded services), in paragraph 2(d)(i), after "1998" insert "or Schedule 16 to the Civil Partnership Act 2004".

Firearms (Northern Ireland) Order 2004 (S.I. 2004/702 (N.I. 3))

117 In Article 2(2) (interpretation), in the definition of "relative"--

(a) in paragraphs (a) and (b), for "spouse or former spouse" substitute "spouse, former spouse, civil partner or former civil partner";

(b) after "as husband and wife" insert "or as if they were civil partners";

Section 261(4)

SCHEDULE 30 Repeals and revocations

Family provision

Short title and chapter	Extent of repeal
Inheritance (Provision for Family and Dependants) Act 1975 (c. 63)	In section 3(2), "and," immediately following paragraph (b).

Housing and tenancies

Short title and chapter	Extent of repeal
Housing Act 1980 (c. 51)	In section 54(2)(b), "or" at the end.
Housing Act 1985 (c. 68)	In each of sections 39(3)(c), 89(3)(a)(ii), 90(3)(a)(ii), 91(3)(b)(ii), 99B(2)(e)(ii), 101(3)(c)(ii) and 160(3)(c), and paragraph 1(2)(c)(iii) of Schedule 6A, "or" at the end.
Landlord and Tenant Act 1987 (c. 31)	In section 4(2)(c)(v), "or" at the end.
Housing Act 1988 (c. 50)	In paragraph 4(4)(c) of Schedule 11, "or" at the end.
Housing Act 1996 (c. 52)	In sections 15(6)(c), 133(3)(a)(ii), 134(2)(a)(ii) and 160(2)(e)(ii) and (3)(d)(ii), "or" at the end.

Family Homes and Domestic Violence

Short title and chapter

Extent of repeal

Family Law Act 1996 (c. 27)

In section 63(1), the definition of "matrimonial home rights".

In Schedule 7, "or" at the end of paragraph 4(a) and paragraph 7(6).

In Schedule 8, paragraphs 48(3), 53(2)(b) and 59(2)(b), and "and" immediately preceding paragraphs 53(2)(b) and 59(2)(b).

Family provision: Northern Ireland

Title and number	Extent of revocation
Inheritance (Provision for Family and Dependants) (Northern Ireland) Order 1979 (S.I. 1979/924 (N.I. 8))	In Article 5(2), "and" immediately following sub-paragraph (b).

Family homes and domestic violence: Northern Ireland

Title and number

Extent of revocation

Family Homes and Domestic Violence (Northern Ireland) Order 1998 (S.I. 1998/1071 (N.I. 6))

In Article 2(2), the definition of "matrimonial home rights".

In Schedule 2, "or" at the end of paragraph 4(1)(a).

Discrimination

Short title and chapter	Extent of repeal
Sex Discrimination Act 1975 (c. 27)	Section 1(4).
Sex Discrimination (Northern Ireland) Order 1976 (S.I. 1976/1042 (N.I. 15))	Article 3(4).

Social security, child support and tax credits

Short title and chapter	Extent of repeal or revocation
Child Support Act 1991 (c. 48)	In section 8(11), "or" at the end of paragraph (e).
Child Support (Northern Ireland) Order 1991 (S.I. 1991/2628 (N.I. 23))	In Article 10(11), "or" at the end of sub-paragraph (dd).
Social Security Contributions and Benefits Act 1992 (c. 4)	In section 37(4) "or" at the end of paragraph (a). In section 38(3), "or" at the end of paragraph (b). In section 39A(2) and (5), "or" at the end of paragraph (a). In section 39B(5), "or" at the end of paragraph (a). Section 85(1). In section 137(1), the definitions of "married couple" and "unmarried couple".
Social Security Administration Act 1992 (c. 5)	In section 74A(5), the definitions of "married couple" and "unmarried couple".
Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7)	In section 37(4), "or" at the end of paragraph (a). In section 38(3), "or" at the end of paragraph (b). In section 39A(2) and (5), "or" at the end of paragraph (a). In section 39B(5), "or" at the end of paragraph (a). Section 85(1). In section 133(1), the definitions of "married couple" and "unmarried couple".
Social Security Administration (Northern Ireland) Act 1992 (c. 8)	In section 72A(5), the definitions of "married couple" and "unmarried couple".
Jobseekers Act 1995 (c. 18)	In section 35(1), the definitions of "married couple" and "unmarried couple".
Child Support Act 1995 (c. 34)	In section 10(7), the definitions of "married couple" and "unmarried couple".
Child Support (Northern Ireland) Order 1995 (S.I. 1995/2702 (N.I. 13))	In Article 4(7), the definitions of "married couple" and "unmarried couple".
Jobseekers (Northern Ireland) Order 1995 (S.I. 1995/2705 (N.I. 15))	In Article 2(2), the definitions of "married couple" and "unmarried couple".
State Pension Credit Act 2002 (c. 16)	In section 17(1), the definitions of "married couple" and "unmarried couple".
Tax Credits Act 2002 (c. 21)	In section 48(1), the definitions of "married couple" and "unmarried couple", and "and" at the end of the definition of "tax year".
State Pension Credit Act (Northern Ireland) 2002 (c. 14 (N.I.))	In section 17(1), the definitions of "married couple" and "unmarried couple".

Minor and consequential amendments: general

Short title and chapter	Extent of repeal
Judicial Proceedings (Regulation of Reports) Act 1926 (c. 61)	Section 1(5).
Marriage Act 1949 (c. 76)	Section 1(6) to (8).
Theft Act 1968 (c. 60)	In section 30(4), "or" at the end of paragraph (a)(i) to the proviso.
Consumer Credit Act 1974 (c. 39)	In section 184(5), "and" immediately before "references".
Estate Agents Act 1979 (c. 38)	In section 32(3), "and" immediately before "references".
Courts and Legal Services Act 1990 (c. 41)	In section 58A, "and" at the end of subsection (2)(f).
Family Law Act 1996 (c. 27)	In section 64, "or" at the end of subsection (1)(c).
Welfare Reform and Pensions Act 1999 (c. 30)	At the end of section 23(1)(a)(ii), "or". At the end of section 24(b), "or". In sections 28(7)(a) and (9), 34(1)(b)(i) and (2) and 48(6)(a) and (8) "matrimonial".
Gender Recognition Act 2004 (c. 7)	In Schedule 4, paragraph 2.

Consequential amendments: Scotland

Short title and chapter	Extent of repeal
Damages (Scotland) Act 1976 (c. 13)	In Schedule 1, "and" at the end of paragraph 1(e).
Family Law (Scotland) Act 1985 (c. 37)	In section 10(2), first "matrimonial".
Adults with Incapacity (Scotland) Act 2000 (asp 4)	In section 87, in subsection (1), in the definition of "nearest relative", ", subject to subsection (2)," and subsections (2) and (3).

Minor and consequential amendments: Northern Ireland

Title and number

Extent of revocation

Welfare Reform and Pensions (Northern Ireland) Order 1999 (S.I. 1999/3147 (N.I. 11))

At the end of Article 22(b), "or".

In Article 31(1)(b)(i) and (2), "matrimonial".

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