Civil Partnership Bill [HL]
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
ON REPORT
The amendments have been marshalled in accordance with the Instruction of 15th June 2004, as follows—
Clauses 1 to 35
Schedules 1 to 3
Clauses 36 to 69
Schedule 4
Clause 70
Schedules 5 to 7
Clauses 71 to 79
Schedule 8
Clause 80
Schedule 9
Clauses 81 to 83
Schedule 10
Clauses 84 to 122
Schedule 11
Clauses 123 to 134
Schedule 12
Clauses 135 to 141
Schedule 13
Clauses 142 to 189
Schedule 14
Clause 190 | Schedules 15 to 17
Clauses 191 to 199
Schedule 18
Clause 200
Schedule 19
Clauses 201 to 205
Schedule 20
Clauses 206 to 239
Schedule 21
Clause 240
Schedule 22
Clauses 241 to 244
Schedule 23
Clauses 245 and 246
Schedule 24
Clause 247
Schedule 25
Clauses 248 to 251
Schedules 26 to 28
Clauses 252 to 254 |
[Amendments marked * are new or have been altered]
Amendment
No.
| | THE LORD LESTER OF HERNE HILL
THE LORD GOODHART |
| 1 | Page 1, line 4, after second "a" insert "mutually committed" |
| | THE BARONESS WILCOX
THE LORD HIGGINS |
| 2 | Page 1, line 4, leave out "relationship" and insert "contract" |
| | THE BARONESS O'CATHAIN
THE LORD BISHOP OF WINCHESTER
THE LORD WEATHERILL
THE LORD MAGINNIS OF DRUMGLASS |
| 3 | Page 1, line 4, after "relationship" insert "between two people in the categories set out in section (Categories of civil partners other than same sex couples) or" |
| 4* | Page 1, line 4, leave out "of the same sex" |
| | THE DUKE OF MONTROSE
THE BARONESS WILCOX |
| 5 | Page 1, line 6, after "is" insert "only" |
| | THE BARONESS O'CATHAIN
THE LORD MAGINNIS OF DRUMGLASS |
| 6* | Page 1, line 9, after "4" insert "(subject to section 253(3))" |
| | THE LORD HIGGINS
THE BARONESS WILCOX |
| 7 | Page 1, line 15, at end insert— |
| "( ) | For tax purposes registered same sex couples will be treated in the way as set out in the Finance Act 2004." |
| | THE BARONESS O'CATHAIN
THE LORD BISHOP OF WINCHESTER
THE LORD WEATHERILL
THE LORD MAGINNIS OF DRUMGLASS |
| 8 | Insert the following new Clause— |
| | "Categories of civil partners other than same sex couples |
| (1) | Two persons within the specified degrees of family relationship, both of whom are aged over thirty years, shall be eligible to register as civil partners provided that they have lived together for a continuous period of twelve years immediately prior to the date of registration. |
| (2) | Schedule (Specified degrees of family relationship) contains provisions for determining when two people are within the specified degrees of family relationship." |
| | THE LORD LESTER OF HERNE HILL
THE LORD GOODHART |
| 9 | Page 2, line 14, at end insert ", and |
| (c) | after each has spoken the following words of commitment— |
| | "I call upon these persons here present to witness that I [name] take you [name of partner] to be my lawful civil partner" or "I [name] take you [name] to be my lawful civil partner."" |
| | THE BARONESS O'CATHAIN
THE LORD BISHOP OF WINCHESTER
THE LORD WEATHERILL
THE LORD MAGINNIS OF DRUMGLASS |
| 10 | Page 2, line 33, at beginning insert "Subject to subsection (1A)," |
| 11* | Page 2, line 34, leave out paragraph (a) |
| | THE BARONESS O'CATHAIN
THE LORD BISHOP OF WINCHESTER
THE LORD WEATHERILL
THE LORD MAGINNIS OF DRUMGLASS |
| 12 | Page 2, line 37, at end insert— |
| "(1A) | Subsection (1)(a) and (d) shall not apply in the case of two people who wish to register as civil partners under section (Categories of civil partners other than same sex couples)." |
| | THE BARONESS SCOTLAND OF ASTHAL |
| 13 | Page 3, line 23, leave out "(including those procedures as modified by section 20)" |
| | THE BARONESS WILCOX
THE LORD HIGGINS |
| 14 | Page 4, line 28, leave out subsection (2) |
| | THE BARONESS SCOTLAND OF ASTHAL |
| 15 | Page 5, line 1, after "of" insert "proposed" |
| | THE BARONESS WILCOX
THE LORD HIGGINS |
| 16 | Page 5, line 21, leave out subsection (3) |
| | THE BARONESS SCOTLAND OF ASTHAL |
| 17 | Page 5, line 38, at end insert— |
| "( ) | by any registration authority in whose area the proposed civil partner of the person giving the notice has resided during the period of 7 days preceding the giving of that notice," |
| | THE BARONESS SCOTLAND OF ASTHAL |
| 18 | Page 6, line 36, leave out subsection (2) and insert— |
| "(2) | Regulations may make provision as to the contents of a civil partnership schedule." |
| | THE BARONESS WILCOX
THE LORD HIGGINS |
| 19 | Page 11, line 14, leave out paragraph (a) |
| | THE BARONESS SCOTLAND OF ASTHAL |
| 20 | Page 11, line 17, leave out "But" |
| | THE BARONESS SCOTLAND OF ASTHAL |
| 21 | Page 12, line 6, leave out from "General," to end of line 8 and insert— |
| "( ) | Regulations may (subject to subsection (4)) make provision as to the contents of a licence under this section." |
| | THE BARONESS O'CATHAIN
THE LORD BISHOP OF WINCHESTER
THE LORD WEATHERILL
THE LORD MAGINNIS OF DRUMGLASS |
| 22 | Page 16, line 4, at end insert— |
| "( ) | with respect to determining whether two people have lived together for the period of twelve years specified in section (Categories of civil partners other than same sex couples)." |
| | THE BARONESS O'CATHAIN
THE LORD BISHOP OF WINCHESTER
THE LORD WEATHERILL
THE LORD MAGINNIS OF DRUMGLASS |
| 23 | Insert the following new 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." |
| | THE BARONESS SCOTLAND OF ASTHAL |
| 24 | Page 135, line 32, after first "apply" insert "in place of section 20" |
| 25 | Page 136, line 21, 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 |
| 26* | Page 19, line 3, after "applicant" insert "at the first available opportunity" |
| | THE BARONESS SCOTLAND OF ASTHAL |
| 27 | Page 25, line 34, leave out "by virtue of provision made under section 149," and insert "under section 169," |
| 28 | Page 25, line 36, leave out from "if" to end of line and insert "the circumstances fall within any paragraph of section 49(1)" |
| 29 | Page 26, line 1, leave out sub-paragraph (i) |
| 30 | Page 26, line 4, after "(2)(a)" insert "or (b)" |
| 31 | Page 26, line 9, leave out from first "voidable," to end of line 14 and insert "if— |
| (i) | the appropriate part of the United Kingdom is England and Wales or Northern Ireland and the circumstances fall within any paragraph of section 49(1), or |
| (ii) | the appropriate part of the United Kingdom is Scotland and the circumstances fall within section 49(1)(d). |
| (5) | The appropriate part of the United Kingdom is the part by reference to which the condition in subsection (2)(b) of the relevant section is met." |
| 32 | Page 26, line 25, after "Wales" insert "or Northern Ireland" |
| 33 | Page 26, line 28, leave out subsections (9) and (10) and insert— |
| "(8A) | Section 50 applies for the purposes of— |
| (a) | subsections (1)(b), (2)(b) and (4)(b), |
| (b) | subsection (8)(a), in so far as applicable in accordance with the relevant law, and |
| (c) | subsection (8)(b) and (c). |
| (8B) | In subsections (8)(a) and (8A)(b) "the relevant law" means the law of the country or territory where the overseas relationship was registered (including its rules of private international law). |
| (8C) | For the purposes of subsections (8) and (8A)(b) and (c), references in sections 49 and 50 to the formation of the civil partnership are to be read as references to the registration of the overseas relationship." |
| | THE BARONESS SCOTLAND OF ASTHAL |
| 34 | Insert the following new Clause— |
| | "Applications under section 65 by former civil partners |
| (1) | This section applies where a civil partnership has been dissolved or annulled. |
| (2) | Subject to subsection (3), an application may be made under section 65 (including that section as extended by section 66) by either former civil partner despite the dissolution or annulment (and references in those sections to a civil partner are to be read accordingly). |
| (3) | The application must be made within the period of 3 years beginning with the date of the dissolution or annulment." |
| | THE BARONESS WILCOX
THE LORD HIGGINS |
| 35 | Page 156, line 4, leave out sub-paragraph (1) |
| | THE BARONESS SCOTLAND OF ASTHAL |
| 36 | Page 35, line 19, at end insert— |
| "( ) | In section 21 (placement orders), in subsection (4)(c), after "child marries" insert ", forms a civil partnership"." |
| | THE BARONESS SCOTLAND OF ASTHAL |
| 37 | Page 222, line 9, after ""(j)" insert "Schedules 5 to 7 to" |
| | THE BARONESS SCOTLAND OF ASTHAL |
| 38 | Insert the following new Clause— |
| (1) | Any enactment or rule of law relating to the giving of evidence by a spouse applies in relation to a civil partner as it applies in relation to the spouse. |
| (2) | Subsection (1) is subject to any specific amendment made by or under this Act which relates to the giving of evidence by a civil partner. |
| (3) | For the avoidance of doubt, in any such amendment, references to a person's civil partner do not include a former civil partner. |
| (4) | References in subsections (1) and (2) to giving evidence are to giving evidence in any way (whether by supplying information, making discovery, producing documents or otherwise). |
| (a) | which is preserved by section 7(3) of the Civil Evidence Act 1995 (c. 38) or section 118(1) of the Criminal Justice Act 2003 (c. 44), and |
| (b) | under which in any proceedings evidence of reputation or family tradition is admissible for the purpose of proving or disproving the existence of a marriage, |
| | is to be treated as applying in an equivalent way for the purpose of proving or disproving the existence of a civil partnership." |
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