Civil Partnership Bill [Lords]

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Jacqui Smith: I beg to move amendment No. 177, in schedule 27, page 362, line 30, at end insert—

'( ) 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.'''.

The Chairman: With this it will be convenient to discuss Government amendments Nos. 178 and 179.

Jacqui Smith: This morning, I was cut off if not in my prime, then in full flow, when introducing this group of amendments. The amendments are minor and consequential, ensuring that references to couples who are living together as husband and wife are clearly understood to apply to cohabiting same-sex couples. All the amended provisions apply to spouses and have therefore already been extended to civil partners in this Bill. As I suggested earlier today, the amendments are a response to the judgment on 21 June in the Ghaidan v. Godin-Mendoza case. The intention is to ensure that the drafting changes make it clear to courts and legal advisers how Parliament intends phrases such as ''living together as husband and wife'' to be interpreted after the Bill takes effect. Without the amendments, the risk is that the Bill could be seen as removing the equal treatment that already exists following that judgment. The amendments are designed to remove that uncertainty.

Amendment agreed to.

Amendments made: No. 153, in schedule 27, page 362, line 38, at end insert—

'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)

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

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

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

Column Number: 201

No. 178, in schedule 27, page 363, line 9, leave out paragraph 70 and insert—

'70 (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.'''.

No. 154, in schedule 27, page 363, line 12, at end insert—

'Employment Rights Act 1996 (c.18)

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

Family Law Act 1996 (c.27)

(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 6 or 7 to the Civil Partnership Act 2004.'''.

No. 155, in schedule 27, page 363, line 15, at end insert—

'Civil Procedure Act 1997 (c.12)

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)

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)

In Schedule 2 (community legal service: excluded services), in paragraph 2(3)(d), after ''Domestic Proceedings and Magistrates' Courts Act 1978'' insert ''or Schedule 7 to the Civil Partnership Act 2004''.'.

No. 156, in schedule 27, page 366, line 43, at end insert—

'Representation of the People Act 2000 (c.2)

(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,''.'.

No. 157, in schedule 27, page 367, line 2, at end insert—

'Land Registration Act 2002 (c.9)

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

No. 158, in schedule 27, page 367, line 5, at end insert—

'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)

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

Column Number: 202

No. 159, in schedule 27, page 367, line 9, at end insert—

'Courts Act 2003 (c.39)

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)''.'.

No. 160, in schedule 27, page 367, line 22, at end insert—

'85 (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''.'.—[Jacqui Smith.]

Schedule 27, as amended, agreed to.

Schedule 28

Consequential amendments: Scotland

Amendments made: No. 99, in schedule 28, page 368, line 13, at end insert—

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

No. 100, in schedule 28, page 374, line 2, at end insert—

'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)''.

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)''.'.

No. 101, in schedule 28, page 374, line 8, at end insert—

'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 128 of the Civil Partnership Act 2004''.'.

No. 102, in schedule 28, page 374, line 13, at end insert—

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

No. 103, in schedule 28, page 375, line 14, at end insert—

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

No. 104, in schedule 28, page 375, line 16, at end insert—

'(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''.'.

No. 179, in schedule 28, page 377, leave out lines 18 to 21 and insert—

Column Number: 203

'(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''.'.

No. 105, in schedule 28, page 377, line 23, leave out paragraphs 46 to 53.

No. 106, in schedule 28, page 378, line 28, at end insert—

'Debtors (Scotland) Act 1987 (c.18)

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''.'.—[Jacqui Smith.]

Schedule 28, as amended, agreed to.

Schedule 29

Repeals and revocations

Amendments made: No. 107, in schedule 29, page 382, line 12, at end insert—

'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).'.

No. 108, in schedule 29, page 382, line 16, at end insert—

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

Article 3(4).'.

No. 109, in schedule 29, page 382, line 18, at end insert—

'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).'.

No. 110, in schedule 29, page 383, line 19, at end insert—

'Judicial Proceedings (Regulation of Reports) Act 1926 (c.61)

Section 1(5).'.

No. 111, in schedule 29, page 383, line 20, at end insert—

'Theft Act 1968 (c.60)

In section 30(4), ''or'' at the end of paragraph (a)(i) to the proviso.'.

No. 112, in schedule 29, page 383, line 24, at end insert—

'Courts and Legal Services Act 1990 (c.41)

In section 58A, ''and'' at the end of subsection (2)(f).

Column Number: 204

Family Law Act 1996 (c.27)

In section 64, ''or'' at the end of subsection (1)(c).'.

No. 113, in schedule 29, page 383, line 39, at end insert—

'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''.'.—[Jacqui Smith.]

Schedule 29, as amended, agreed to.

 

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Prepared 26 October 2004