Civil Partnership Bill [HL]
THIRD
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 41 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 |
| | 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. |
| | The Baroness O'
Cathain gives notice of her intention to oppose the Question that Clause 47 stand part of the Bill. |
| | THE BARONESS WILCOX
THE LORD HIGGINS |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 48 stand part of the Bill. |
| | THE BARONESS SCOTLAND OF ASTHAL |
| 50 | Insert the following new Clause— |
| | "Power to validate civil partnership |
| (1) | Where two people have registered as civil partners of each other in England and Wales, the Lord Chancellor may by order validate the civil partnership if it appears to him that it is or may be void under section 48(b). |
| (2) | An order under subsection (1) may include provisions for relieving a person from any liability under section 31(2), 32(2) or 33(5) or (7). |
| (3) | The draft of an order under subsection (1) must be advertised, in such manner as the Lord Chancellor thinks fit, not less than one month before the order is made. |
| (4) | The Lord Chancellor must— |
| (a) | consider all objections to the order sent to him in writing during that month, and |
| (b) | if it appears to him necessary, direct a local inquiry into the validity of any such objections. |
| (5) | An order under subsection (1) is subject to special parliamentary procedure." |
| | THE BARONESS WILCOX
THE LORD HIGGINS |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 54 stand part of the Bill. |
| | THE BARONESS WILCOX
THE LORD HIGGINS |
| 51 | Page 27, line 28, at end insert— |
| "( ) | The cost of any application under this section shall be met by the parties." |
| | THE BARONESS WILCOX
THE LORD HENLEY |
| 51A | Page 30, line 6, leave out "or personal property" |
| 51B | Page 30, line 8, leave out from "interest" to end of line 9 |
| | THE BARONESS WILCOX
THE LORD HENLEY |
| 51C | Page 30, line 28, at end insert— |
| "( ) | In any matter referred to the courts under subsection (1), it shall be open to the court to refer the parties to mediation or other forms of alternative dispute resolution." |
| | THE BARONESS WILCOX
THE LORD HENLEY |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 65 stand part of the Bill. |
| | THE BARONESS WILCOX
THE LORD HIGGINS |
| 52 | Page 127, line 32, leave out paragraphs 31 to 37 |
| | THE BARONESS SCOTLAND OF ASTHAL |
| 53 | Page 130, line 39, after second "the" insert "civil" |
| | THE BARONESS WILCOX
THE LORD HIGGINS |
| 54 | Page 153, line 4, leave out paragraphs 15 to 19 |
| | THE BARONESS WILCOX
THE DUKE OF MONTROSE |
| 54A | Page 37, line 17, after "has" insert "(a) freely agreed to enter a civil partnership, and |
| | THE BARONESS WILCOX
THE LORD HIGGINS |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 81 stand part of the Bill. |
| | THE BARONESS WILCOX
THE DUKE OF MONTROSE |
| 54B | Page 37, line 36, at end insert "or agreeing to it" |
| | THE BARONESS SCOTLAND OF ASTHAL
THE LORD EVANS OF TEMPLE GUITING |
| 55 | Page 38, line 1, leave out "Subsection (1) does not apply to" |
| 56 | Page 38, line 2, leave out "to" |
| 57 | Page 38, line 3, after "paragraph," insert "are not related in a forbidden degree" |
| 58 | Page 38, line 8, leave out "Subsection (1) does not apply to" |
| 59 | Page 38, line 9, leave out "to" |
| 60 | Page 38, line 10, after "paragraph," insert "are not related in a forbidden degree" |
| | THE BARONESS WILCOX
THE DUKE OF MONTROSE |
| 60A* | Page 41, line 3, after "partnership" insert "or agreeing to it" |
| | THE BARONESS SCOTLAND OF ASTHAL
THE LORD EVANS OF TEMPLE GUITING |
| 61 | Insert the following new Clause— |
| | "Council Tax: liability of civil partners |
| | After section 77 of the Local Government Finance Act 1992 (c. 14), insert— |
| "77A | Liability of civil partners |
| (a) | a person who is liable to pay council tax in respect of any chargeable dwelling and any day is in civil partnership with another person or living with another person in a relationship which has the characteristics of the relationship between civil partners; and |
| (b) | that other person is also a resident of the dwelling on that day but would not, apart from this section, be so liable, |
| | those persons shall be jointly and severally liable to pay the council tax payable in respect of that dwelling and that day. |
| (2) | Subsection (1) above shall not apply as respects any day on which the other person there mentioned falls to be disregarded for the purposes of discount— |
| (a) | by virtue of paragraph 2 of Schedule 1 to this Act (the severely mentally impaired); or |
| (b) | being a student, by virtue of paragraph 4 of that Schedule."." |
| | THE BARONESS SCOTLAND OF ASTHAL |
| 61A | Page 65, line 29, after "witnesses" insert "both of whom profess to be 16 or over" |
| 61B | Page 65, line 38, leave out "civil partnership to be registered" and insert "registration of the civil partnership to be recorded" |
| | THE BARONESS WILCOX
THE LORD HIGGINS |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 131 stand part of the Bill. |
| | THE BARONESS SCOTLAND OF ASTHAL |
| 61C | Insert the following new Clause— |
| (1) | The place at which two people may register as civil partners of each other must be— |
| (a) | a registration office, or |
| (b) | a place approved under subsection (3). |
| (2) | Subsection (1) is subject to subsections (5) and (7). |
| (3) | A local registration authority may, in accordance with regulations under subsection (4), approve places where civil partnerships may be registered in its district. |
| (4) | Regulations under section 138 may make provision for or in connection with the approval of places under subsection (3), including provision as to— |
| (a) | the kinds of place in respect of which approvals may be granted, |
| (b) | the procedure to be followed in relation to applications for approval, |
| (c) | the considerations to be taken into account in determining whether to approve any places, |
| (d) | the duration and renewal of approvals (whether for one occasion or for a period), |
| (e) | the conditions that must or may be imposed on granting or renewing an approval, |
| (f) | the determination and charging of fees in respect of- |
| (i) | applications for the approval of places, |
| (ii) | the renewal of approvals, and |
| (iii) | the attendance by registrars at places approved under the regulations, |
| (g) | the circumstances in which a local registration authority must or may revoke or suspend an approval or vary any of the conditions imposed in relation to an approval, |
| (h) | the renewal of decisions made by virtue of the regulations, |
| (i) | appeals to a county court from decisions made by virtue of the regulations, |
| (j) | the notification to the Registrar General of all approvals granted, renewed, revoked, suspended or varied, |
| (k) | the notification to the registrar for the district in which a place approved under the regulations is situated of all approvals relating to such a place which are granted, renewed, revoked, suspended or varied, |
| (l) | the keeping by the Registrar General, registrars and local registration authorities of registers of places approved under the regulations, and |
| (m) | the issue by the Registrar General of guidance supplementing the provision made by the regulations. |
| (5) | If either of the parties to a proposed civil partnership gives the registrar a medical statement, the civil partnership may, with the approval of the Registrar General, be registered at any place where that party is. |
| (6) | In subsection (5) "medical statement", in relation to any person, means a statement made in the prescribed form by a registered medical practitioner that in his opinion at the time the statement is made— |
| (a) | by reason of serious illness or serious bodily injury, that person ought not to move or be moved from the place where he is at that time, and |
| (b) | it is likely that it will be the case for at least the following 3 months that by reason of illness or disability the person ought not to move or be moved from that place. |
| (7) | If the Registrar General so directs, a registrar must register a civil partnership in a place specified in the direction." |
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