Civil Partnership Bill [HL]
SECOND
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 3 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.
| 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. |
| | Forbidding proposed civil partnership |
| | 10B Paragraph 6 applies in relation to the special procedure as if— |
| (a) | any reference to forbidding the issue of a civil partnership schedule were a reference to forbidding the Registrar General to give authority for the issue of his licence, and |
| (b) | sub-paragraph (6) referred to the court giving its consent under paragraph 10(2) or (5)." |
| 44 | Page 105, line 12, leave out sub-paragraph (1) |
| 45 | Page 105, line 17, leave out "sub-paragraph (1)" and insert "paragraph 10B" |
| | THE BARONESS WILCOX
THE LORD HIGGINS |
| | The above-named Lords give notice of their intention to oppose the Question that Schedule 2 be the Second Schedule to the Bill. |
| | THE BARONESS SCOTLAND OF ASTHAL |
| 46 | Page 107, line 16, leave out "Sub-paragraph (5) applies" and insert "Sub-paragraphs (5) to (8) apply" |
| 46A* | Page 16, line 20, leave out from "partnership" to end |
| | THE BARONESS WILCOX
THE LORD HIGGINS |
| 47 | Page 16, line 21, leave out paragraph (b) |
| 48 | Page 16, line 34, 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 41 stand part of the Bill. |
| | THE BARONESS WILCOX
THE LORD HIGGINS |
| 49 | Page 19, line 20, at end insert— |
| "( ) | The cost of any action under this section shall be met by the parties." |
| 49A* | Leave out Clause 43 and insert the following new Clause— |
| | "Dissolution of civil partnership |
| (1) | Subject to section 40, an application for a dissolution order may be made to the court by either civil partner. |
| (2) | On an application for a dissolution order, if the court is satisfied that— |
| (a) | the application is made in the correct form, and |
| (b) | the other civil partner has been served with notice of the application, |
| | it shall make a dissolution order. |
| (3) | Provision may be made by order specifying the requirements as to form and service of the application for a dissolution order. |
| (4) | No order may be made under subsection (3) unless a draft of the statutory instrument containing the order has been laid before, and approved by a resolution of, each House of Parliament." |
| | The Baroness O'
Cathain gives notice of her intention to oppose the Question that Clause 44 stand part of the Bill. |
| | The Baroness O'
Cathain gives notice of her intention to oppose the Question that Clause 45 stand part of the Bill. |
| | The Baroness O'
Cathain gives notice of her intention to oppose the Question that Clause 46 stand part of the Bill. |
|
