Civil Partnership Bill [HL]
FOURTH
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 149 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 SCOTLAND OF ASTHAL |
| 61AW | Insert the following new Clause— |
| | "Disputes between civil partners about property |
| (1) | In any question between the civil partners in a civil partnership as to title to or possession of property, either civil partner may apply by summons or otherwise in a summary way to— |
| (2) | On such an application, the court may make such order with respect to the property as it thinks fit (including an order for the sale of the property). |
| (3) | Rules of court made for the purposes of this section may confer jurisdiction on county courts whatever the situation or value of the property in dispute." |
| 61AX | Insert the following new Clause— |
| | "Applications under section (Disputes between civil partners about property) where property not in possession etc. |
| (1) | The right of a civil partner ("A") to make an application under section (Disputes between civil partners about property) includes the right to make such an application where A claims that the other civil partner ("B") has had in his possession or under his control— |
| (a) | money to which, or to a share of which, A was beneficially entitled, or |
| (b) | property (other than money) to which, or to an interest in which, A was beneficially entitled, |
| | and that either the money or other property has ceased to be in B's possession or under B's control or that A does not know whether it is still in B's possession or under B's control. |
| (2) | For the purposes of subsection (1)(a) it does not matter whether A is beneficially entitled to the money or share— |
| (a) | because it represents the proceeds of property to which, or to an interest in which, A was beneficially entitled, or |
| (b) | for any other reason. |
| (3) | Subsections (4) and (5) apply if, on such an application being made, the court is satisfied that B— |
| (a) | has had in his possession or under his control money or other property as mentioned in subsection (1)(a) or (b), and |
| (b) | has not made to A, in respect of that money or other property, such payment or disposition as would have been just and equitable in the circumstances. |
| (4) | The power of the court to make orders under section (Disputes between civil partners about property) includes power to order B to pay to A— |
| (a) | in a case falling within subsection (1)(a), such sum in respect of the money to which the application relates, or A's share of it, as the court considers appropriate, or |
| (b) | in a case falling within subsection (1)(b), such sum in respect of the value of the property to which the application relates, or A's interest in it, as the court considers appropriate. |
| (5) | If it appears to the court that there is any property which— |
| (a) | represents the whole or part of the money or property, and |
| (b) | is property in respect of which an order could (apart from this section) have been made under section (Disputes between civil partners about property), |
| | the court may (either instead of or as well as making an order in accordance with subsection (4)) make any order which it could (apart from this section) have made under section (Disputes between civil partners about property). |
| (6) | Any power of the court which is exercisable on an application under section (Disputes between civil partners about property) is exercisable in relation to an application made under that section as extended by this section." |
| 61AY | Insert the following new Clause— |
| | "Assurance policy by civil partner for benefit of other civil partner etc. |
| | Section 4 of the Law Reform (Husband and Wife) Act (Northern Ireland) 1964 (c.23 (N.I.)) (money payable under policy of life assurance or endowment not to form part of the estate of the insured) applies in relation to a policy of life assurance or endowment— |
| (a) | effected by a civil partner on his own life, and |
| (b) | expressed to be for the benefit of his civil partner, or of his children, or of his civil partner and children, or any of them, |
| | as it applies in relation to a policy of life assurance or endowment effected by a husband and expressed to be for the benefit of his wife, or of his children, or of his wife and children, or of any of them." |
| 61AZ | Insert the following new Clause— |
| | "Wills, administration of estates and family provision |
| | Schedule (Wills, administration of estates and family provision: Northern Ireland) amends enactments relating to wills, administration of estates and family provision so that they apply in relation to civil partnerships as they apply in relation to marriage." |
| 61BA | Insert the following new Clause— |
| | "Financial relief for civil partners and children of family |
| (1) | Schedule (Financial relief in the High Court or a county court etc.: Northern Ireland) makes provision for financial relief in connection with civil partnerships that corresponds to the provision made for financial relief in connection with marriages by Part 3 of the Matrimonial Causes (Northern Ireland) Order 1978 (S.I. 1978/1045 (N.I. 15)). |
| (2) | Any rule of law under which any provision of Part 3 of the 1978 Order is interpreted as applying to dissolution of a marriage on the ground of presumed death is to be treated as applying (with any necessary modifications) in relation to the corresponding provision of Schedule (Financial relief in the High Court or a county court etc.: Northern Ireland). |
| (3) | Schedule (Financial relief in court of summary jurisdiction etc.: Northern Ireland) makes provision for financial relief in connection with civil partnerships that corresponds to provision made for financial relief in connection with marriages by the Domestic Proceedings (Northern Ireland) Order 1980 (S.I. 1980/563 (N.I. 5)). |
| (4) | Schedule (Financial relief in Northern Ireland after overseas dissolution etc. of a civil partnership) makes provision for financial relief in Northern Ireland after a civil partnership has been dissolved or annulled, or civil partners have been legally separated, in a country outside the British Islands." |
| 61BB | Insert the following new Clause— |
| | "Civil partnership agreements unenforceable |
| (1) | A civil partnership agreement does not under the law of Northern Ireland have effect as a contract giving rise to legal rights. |
| (2) | No action lies in Northern Ireland for breach of a civil partnership agreement, whatever the law applicable to the agreement. |
| (3) | In this section and section (Property where civil partnership agreement is terminated) "civil partnership agreement" means an agreement between two people— |
| (a) | to register as civil partners of each other— |
| (i) | in Northern Ireland (under Part 4), |
| (ii) | in England and Wales (under Part 2), |
| (iii) | in Scotland (under Part 3), or |
| (iv) | outside the United Kingdom under an Order in Council made under Chapter 1 of Part 5 (registration at British consulates etc. or by armed forces personnel), or |
| (b) | to enter into an overseas relationship. |
| (4) | This section applies in relation to civil partnership agreements whether entered into before or after this section comes into force, but does not affect any action commenced before it comes into force." |
| 61BC | Insert the following new Clause— |
| | "Property where civil partnership agreement is terminated |
| (1) | This section applies if a civil partnership agreement is terminated. |
| (2) | Sections (Disputes between civil partners about property) and (Applications under section (Disputes between civil partners about property) where property not in possession etc.) (disputes between civil partners about property) apply to any dispute between, or claim by, one of the parties in relation to property in which either or both had a beneficial interest while the agreement was in force, as if the parties were civil partners of each other. |
| (3) | An application made under section (Disputes between civil partners about property) or (Applications under section (Disputes between civil partners about property) where property not in possession etc.) by virtue of subsection (2) must be made within 3 years of the termination of the agreement. |
| (4) | A party to a civil partnership agreement who makes a gift of property to the other party on the condition (express or implied) that it is to be returned if the agreement is terminated is not prevented from recovering the property merely because of his having terminated the agreement." |
| | THE BARONESS SCOTLAND OF ASTHAL |
| | The Baroness Scotland of Asthal gives notice of her intention to oppose the Question that Clause 149 stand part of the Bill. |
| | THE BARONESS SCOTLAND OF ASTHAL |
| 61BD | Insert the following new Clause— |
| | "Parental responsibility, children of the family and relatives |
| (1) | Amend the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2)) ("the 1995 Order") as follows. |
| (2) | In Article 2(2) (interpretation), for the definition of "child of the family" in relation to the parties to a marriage, substitute— |
| | ""child of the family", in relation to parties to a marriage, or to two people who are civil partners of each other, means— |
| | (a) a child of both of them, and |
| | (b) any other child, other than a child placed with them as foster parents by an authority or voluntary organisation, who has been treated by both of them as a child of their family." |
| (3) | In the definition of "relative" in Article 2(2), for "by affinity)" substitute "by marriage or civil partnership)". |
| (4) | In Article 7(1C) (acquisition of parental responsibility by step-parent), after "is married to" insert ", or a civil partner of,"." |
| 61BE | Insert the following new Clause— |
| | In Article 161 of the 1995 Order (revocation of appointment), after paragraph (7) insert— |
| "(8) | An appointment under paragraph (1) or (2) of Article 160 (including one made in an unrevoked will) is revoked if— |
| (a) | the civil partnership of the person who made the appointment is dissolved or annulled, and |
| (b) | the person appointed is his former civil partner. |
| (9) | Paragraph (8) is subject to a contrary intention appearing from the appointment. |
| (10) | In paragraph (8) "dissolved or annulled" means— |
| (a) | dissolved by a dissolution order or annulled by a nullity order under Part 4 of the Civil Partnership Act 2004, or |
| (b) | dissolved or annulled in any country or territory outside Northern Ireland by a dissolution or annulment which is entitled to recognition in Northern Ireland by virtue of Chapter 3 of Part 5 of that Act."" |
| 61BF | Insert the following new Clause— |
| | "Entitlement to apply for residence or contact order |
| | In Article 10(5) of the 1995 Order (persons entitled to apply for residence or contact order), after sub-paragraph (a) insert— |
| "(aa) | any civil partner in a civil partnership (whether or not subsisting) in relation to whom the child is a child of the family;"." |
| 61BG | Insert the following new Clause— |
| | "Financial provision for children |
| (1) | Amend Schedule 1 to the 1995 Order (financial provision for children) as follows. |
| (2) | For paragraph 1(2) (extended meaning of "parent") substitute— |
| "(2) | In this Schedule, except paragraphs 3 and 17, "parent" includes— |
| (a) | any party to a marriage (whether or not subsisting) in relation to whom the child concerned is a child of the family, and |
| (b) | any civil partner in a civil partnership (whether or not subsisting) in relation to whom the child concerned is a child of the family; |
| | and for this purpose any reference to either parent or both parents shall be read as a reference to any parent of his and to all of his parents." |
| (3) | In paragraph 3(6) (meaning of "periodical payments order"), after paragraph (d) insert— |
| "(e) | Part 1 or 7 of Schedule (Financial relief in the High Court or county court etc.) to the Civil Partnership Act 2004 (financial relief in the High Court or county court etc.); |
| (f) | Schedule (Financial relief in court of summary jurisdiction etc.: Northern Ireland) to the 2004 Act (financial relief in court of summary jurisdiction etc.);". |
| (4) | In paragraph 17(2) (person with whom a child lives or is to live), after "husband or wife" insert "or civil partner"." |
| 61BH | Insert the following new Clause— |
| (1) | Amend the Adoption (Northern Ireland) Order 1987 (S.I. 1987/2203 (N.I. 22)) as follows. |
| (2) | In Article 2 (interpretation), in the definition of "relative" in paragraph (2), for "affinity" substitute "marriage or civil partnership". |
| (3) | In Article 12 (adoption orders), in paragraph (5), after "married" insert "or who is or has been a civil partner". |
| (4) | In Article 15 (adoption by one person), in paragraph (1)(a), after "is not married" insert "or a civil partner". |
| (5) | In Article 33 (meaning of "protected child"), in paragraph (3)(g), after "marriage" insert "or forming a civil partnership". |
| (6) | In Article 40 (status conferred by adoption), in paragraph (3)(a), after "1984" insert "or for the purposes of Schedule 12 to the Civil Partnership Act 2004". |
| (7) | In Article 54 (disclosure of birth records of adopted children), in paragraph (2)— |
| (a) | after "intending to be married" insert "or to form a civil partnership"; |
| (b) | for "the person whom he intends to marry" substitute "the intended spouse or civil partner"; |
| (c) | after "1984" insert "or Schedule 12 to the Civil Partnership Act 2004". |
| (8) | In Article 54A (Adoption Contact Register), in paragraph (13)(a), for "or marriage" substitute ", marriage or civil partnership"." |
| 61BJ | Insert the following new Clause— |
| | "False statements etc. with reference to civil partnerships |
| (1) | Amend Article 8 of the Perjury (Northern Ireland) Order 1979 (S.I. 1979/1714 (N.I. 19)) (false statements etc. with reference to marriage) as follows. |
| (2) | After paragraph (1) insert— |
| (a) | for the purpose of procuring the formation of a civil partnership or a document mentioned in paragraph (1B)— |
| (i) | makes or signs a declaration required under Part 4 or 5 of the Civil Partnership Act 2004; or |
| (ii) | gives a notice or certificate required under Part 4 or 5 of the Civil Partnership Act 2004, |
| | knowing that the declaration, notice or certificate is false; |
| (b) | for the purpose of a record being made in any register relating to civil partnerships— |
| (i) | makes a statement as to any information which is required to be registered under Part 4 or 5 of the Civil Partnership Act 2004; or |
| (ii) | causes such a statement to be made, |
| | knowing that the statement is false; |
| (c) | forbids the issue of a document mentioned in paragraph (1B)(a) or (b) by representing himself to be a person whose consent to a civil partnership between a child and another person is required under Part 4 or 5 of the Civil Partnership Act 2004, knowing the representation to be false, |
| | shall be guilty of an offence. |
| (a) | a civil partnership schedule; |
| (b) | a document required by an Order in Council under section 150 or 151 as an authority for two people to register as civil partners of each other; |
| (c) | a certificate of no impediment under section 175." |
| (3) | In paragraph (2), after "paragraph (1)" insert "or (1A)". |
| (4) | In the heading to Article 8, after "marriage" insert "or civil partnership"." |
| 61BK | Insert the following new Clause— |
| | Schedule (Housing and tenancies: Northern Ireland) amends certain enactments relating to housing and tenancies." |
| 61BL | Insert the following new Clause— |
| | "Family homes and domestic violence |
| | Schedule (Family homes and domestic violence) amends the Family Homes and Domestic Violence (Northern Ireland) Order 1998 (S.I. 1998/1071 (N.I. 6)) and related enactments so that they apply in relation to civil partnerships as they apply in relation to marriages." |
| 61BM | Insert the following new Clause— |
| (1) | Amend the Fatal Accidents (Northern Ireland) Order 1977 (S.I. 1977/1251 (N.I. 18)) as follows. |
| (2) | In Article 2(2) (meaning of "dependant"), after sub-paragraph (a) insert— |
| "(aa) | the civil partner or former civil partner of the deceased;". |
| (3) | After sub-paragraph (f) of Article 2(2) insert— |
| "(fa) | any person (not being a child of the deceased) who, in the case of any civil partnership in which the deceased was at any time a civil partner, was treated by the deceased as a child of the family in relation to that civil partnership;". |
| (4) | After Article 2(2A) insert— |
| "(2B) | The reference to the former civil partner of the deceased in paragraph (2)(aa) includes a reference to a person whose civil partnership with the deceased has been annulled as well as a person whose civil partnership with the deceased has been dissolved." |
| (5) | In Article 2(3)(b), for "by affinity" substitute "by marriage or civil partnership". |
| (6) | In Article 3A(2) (persons for whose benefit claim for bereavement damages may be made)— |
| (a) | in sub-paragraph (a), after "wife or husband" insert "or civil partner", and |
| (b) | in sub-paragraph (b), after "was never married" insert "or a civil partner"." |
|
