Civil Partnership Bill [HL]
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN GRAND COMMITTEE
The amendments have been marshalled in accordance with the Instruction of 6th May 2004, as follows—
Clauses 1 to 35
Schedules 1 to 3
Clauses 36 to 68
Schedule 4
Clause 69
Schedules 5 to 7
Clauses 70 to 78
Schedule 8
Clause 79
Schedule 9
Clauses 80 to 82
Schedule 10
Clauses 83 to 121
Schedule 11
Clauses 122 to 132
Schedule 12
Clauses 133 to 139 | Schedule 13
Clauses 140 to 153
Schedule 14
Clauses 154 to 182
Schedule 15
Clause 183
Schedule 16
Clauses 184 to 186
Schedule 17
Clauses 187 and 188
Schedule 18
Clause 189
Schedule 19
Clauses 190 to 193
Schedules 20 to 22
Clauses 194 to 196 |
[Amendments marked * are new or have been altered]
Amendment
No.
| | THE BARONESS WILCOX
THE LORD HIGGINS |
| 1 | Page 1, line 4, leave out "relationship" and insert "contract" |
| 2* | Page 1, line 4, after "relationship" insert "between two people in the categories set out in section (Additional categories of civil partners) or" |
| 3* | Page 1, line 4, leave out "of the same sex" |
| | THE BARONESS WILCOX
THE LORD HIGGINS |
| 4 | Page 1, line 4, leave out "sex" and insert "gender" |
| | THE LORD HIGGINS
THE BARONESS WILCOX |
| 5 | Page 1, line 5, at end insert— |
| "( ) | which is subject to the Finance Act 2004" |
| | THE BARONESS WILCOX
THE LORD HIGGINS |
| 6 | Page 1, line 7, leave out sub-paragraphs (i) to (iv) |
| 7* | Page 1, line 9, leave out sub-paragraph (iii) |
| | THE BARONESS WILCOX
THE LORD HIGGINS |
| 8 | Page 1, line 16, leave out subsection (2) |
| 9 | Page 1, line 18, leave out ", dissolution or annulment" and insert "or dissolution" |
| 10* | Insert the following new Clause— |
| | "Additional categories of civil partners |
| (1) | The categories of person in subsection (2) shall be eligible to register as civil partners provided that they have lived together for a continuous period of seven years immediately prior to the date of registration. |
| (a) | two persons within the specified degrees of family relationship, both of whom are aged over 25, |
| (b) | a disabled person and his carer, both of whom are aged over 25, |
| (c) | two persons aged over 70. |
| (3) | Schedule (Specified degrees of family relationship) contains provisions for determining when two people are within the specified degrees of family relationship. |
| (4) | A disabled person is a person who has a disability within the meaning of section 1(1) of the Disability Discrimination Act 1995 (c. 50) (meaning of "disability" and "disabled person"). |
| (5) | A carer means a person who provides a substantial amount of care on a regular basis for another individual within the meaning of section 1 of the Carers and Disabled Children Act 2000 (c. 16) (right of carers to assessment)." |
| 11* | Page 2, line 10, leave out paragraphs (a) and (b) and insert "in the presence of a commissioner for oaths as witness and of each other, after the written consent of the civil partnership registrar has been obtained" |
| 12* | Page 2, line 13, leave out subsections (2) and (3) and insert— |
| "( ) | After the civil partnership document has been signed under subsection (1), it must also be signed by the commissioner for oaths and then sent to the civil partnership registrar for his counter-signature." |
| 13* | Page 2, line 19, leave out "witnesses" and insert "commissioner of oaths" |
| 14* | Page 2, line 25, leave out "civil partnership registrar is officiating at" and insert "commissioner for oaths is witnessing" |
| | THE BARONESS WILCOX
THE LORD HIGGINS |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 2 stand part of the Bill. |
| 15* | Page 2, line 31, at beginning insert "Subject to subsection (1A)," |
| 16* | Page 2, line 32, leave out paragraph (a) |
| | THE BARONESS WILCOX
THE LORD HIGGINS |
| 17* | Page 2, line 35, leave out paragraph (d) |
| 18* | Page 2, line 35, at beginning insert "if, being of opposite sexes," |
| 19* | Page 2, line 35, at end insert— |
| "(1A) | Subsection (1)(a) and (d) shall not apply in the case of two persons who wish to register as civil partners under section (Additional categories of civil partners)." |
| | THE BARONESS WILCOX
THE LORD HIGGINS |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 4 stand part of the Bill. |
| | THE BARONESS WILCOX
THE LORD HIGGINS |
| 20* | Page 3, line 35, leave out paragraph (b) |
| | The Baroness O'
Cathain gives notice of her intention to oppose the Question that Clause 6 stand part of the Bill. |
| | THE BARONESS WILCOX
THE LORD HIGGINS |
| 21 | Page 4, line 28, leave out subsection (2) |
| 22 | Page 4, line 36, at end insert— |
| "( ) | that each of the proposed civil partners state that the civil partnership is for life;" |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 8 stand part of the Bill |
| | THE BARONESS WILCOX
THE LORD HIGGINS |
| 23* | Page 5, line 21, leave out subsection (3) |
| | THE BARONESS WILCOX
THE LORD HIGGINS |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 12 stand part of the Bill |
| | THE BARONESS WILCOX
THE LORD HIGGINS |
| 24 | Page 7, line 2, after "that" insert "there is nothing in the objection which is contrary to this Act and therefore" |
| | THE BARONESS WILCOX
THE LORD HIGGINS |
| 25 | Page 7, line 32, leave out "purporting to be" |
| | THE BARONESS WILCOX
THE LORD HIGGINS |
| 26 | Page 9, line 7, leave out from "detentions))" to end of line 8 |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 19 stand part of the Bill. |
| | THE BARONESS SCOTLAND OF ASTHAL |
| 27 | Page 10, line 29, at end insert— |
| "( ) | section 31 applies as if in subsections (1)(a) and (2)(c) for "each notice" there were substituted "B's notice"." |
| | THE BARONESS WILCOX
THE LORD HIGGINS |
| 28 | Page 11, line 13, leave out paragraph (a) |
| | THE BARONESS SCOTLAND OF ASTHAL |
| 29 | Page 13, line 30, leave out "end of the waiting period," and insert "waiting period in relation to each notice of proposed civil partnership has expired," |
| 30 | Page 13, line 40, leave out "end of the waiting period," and insert "waiting period in relation to each notice of proposed civil partnership has expired," |
| | THE BARONESS WILCOX
THE LORD HIGGINS |
| 31 | Page 14, line 2, leave out "5" and insert "3" |
| 32 | Page 14, line 4, leave out "3" and insert "5" |
| | THE BARONESS WILCOX
THE LORD HIGGINS |
| 33 | Page 14, line 21, leave out "3" and insert "5" |
| | THE BARONESS WILCOX
THE LORD HIGGINS |
| 34 | Page 15, line 18, leave out "Chancellor of the Exchequer" and insert "Secretary of State" |
| 35* | Page 15, line 37, at end insert— |
| "( ) | with respect to determining whether two people have lived together for the period of seven years specified in section (Additional categories of civil partners);" |
| 36* | Insert the following new Schedule— |
| | "SCHEDULE
SPECIFIED DEGREES OF FAMILY RELATIONSHIP |
| (1) | Two people are within the specified degrees of family relationship if one falls within the list below in relation to the other— |
| (2) | In the list "sibling" means a brother, sister, half-brother or half-sister." |
| 37* | Page 98, line 6, leave out paragraph 1. |
| | THE BARONESS WILCOX
THE LORD HIGGINS |
| 38 | Page 98, leave out lines 9 and 10 |
| 39 | Page 98, leave out lines 12 and 13 |
| 40 | Page 98, line 26, leave out paragraph (b) |
| 41 | Page 99, leave out lines 17 to 27 |
| | THE BARONESS SCOTLAND OF ASTHAL |
| 42 | Page 103, line 32, after "proposed" insert "civil" |
| 43 | Page 104, line 39, at end insert— |
| | 10A If one of the proposed civil partners is a child and is not a surviving civil partner, the necessary declaration under section 8 must also— |
| (a) | state in relation to each appropriate person— |
| (i) | that that person's consent has been obtained, |
| (ii) | that the need to obtain that person's consent has been dispensed with under paragraph 10(2), or |
| (iii) | that the court has given consent under paragraph 10(2) or (5), or |
| (b) | state that no person exists whose consent is required to a civil partnership between the child and another person. |
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