Amendment text (1 July 2004)

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House of Lords

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Amendments to the Civil Partnership Bill [HL]

Civil Partnership Bill [HL]

MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
ON THIRD READING

[Amendments marked * are new or have been altered]

Amendment
No.

Clause 1

THE LORD HIGGINS
THE BARONESS WILCOX

1* Page 1, line 4, leave out "relationship" and insert "contract"

THE DUKE OF MONTROSE
THE BARONESS WILCOX

2* Page 1, line 6, after "is" insert "only"

THE LORD MAGINNIS OF DRUMGLASS
THE LORD ROGAN

3 Page 1, line 9, after "4" insert "(subject to section 253(3))"

Clause 9

THE BARONESS SCOTLAND OF ASTHAL

4 Page 5, line 14, after "of" insert "proposed"

Clause 23

THE BARONESS SCOTLAND OF ASTHAL

5 Page 11, line 31, leave out "But"

Clause 42

THE BARONESS WILCOX
THE LORD HENLEY

6 Page 19, line 27, after "applicant" insert "at the first available opportunity"

After Clause 67

THE BARONESS WILCOX
THE LORD HENLEY

7 Insert the following new Clause—

   "Applications under section 66 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 66 (including that section as extended by section 67) 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."

After Clause 82

THE BARONESS WILCOX
THE LORD HENLEY

8 Insert the following new Clause—

   "Evidence

(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).

(5)   Any rule of law—

(a)   which is preserved by section 7(3) of the Civil Evidence Act 1995 (c. 38) (evidence formerly admissible at common law) or section 118(1) of the Criminal Justice Act 2003 (c. 44) (admissibility of hearsay evidence), 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."

Clause 83

THE DUKE OF MONTROSE
THE BARONESS WILCOX

9* Page 38, line 27, after "has" insert—

"(a)   freely agreed to enter a civil partnership, and

(b)"

Clause 84

THE DUKE OF MONTROSE
THE BARONESS WILCOX

10* Page 39, line 8, after "of" insert "agreeing to or"

Clause 90

THE DUKE OF MONTROSE
THE BARONESS WILCOX

11* Page 42, line 14, at end insert "agreeing to or"

Clause 111

THE DUKE OF MONTROSE
THE BARONESS WILCOX

12* Page 56, line 43, leave out subsection (1) and insert—

"(1)   It shall be competent for the Court of Session or the Sheriff to entertain an application by one civil partner in a civil partnership for a relevant interdict."

Clause 115

THE DUKE OF MONTROSE
THE BARONESS WILCOX

13* Page 60, line 8, leave out paragraph (b)

14* Page 60, line 15, leave out "two years" and insert "one year"

15* Page 60, line 20, leave out "5 years" and insert "two years"

Clause 157

THE BARONESS SCOTLAND OF ASTHAL

16 Page 76, line 33, leave out from "court"" to end of line 35 and insert "has the meaning given by section 183."

Clause 165

THE BARONESS SCOTLAND OF ASTHAL

17 Page 80, line 21, after "period" insert "during"

Clause 179

THE BARONESS SCOTLAND OF ASTHAL

18 Page 87, line 18, leave out "and section 148"

Clause 185

THE BARONESS SCOTLAND OF ASTHAL

19 Page 90, line 24, leave out "(3)" and insert "(4)"

Clause 220

THE BARONESS SCOTLAND OF ASTHAL

20 Page 106, line 3, leave out from "court"" to end of line 5 and insert "has the meaning given by section 183."

Clause 222

THE BARONESS SCOTLAND OF ASTHAL

21 Page 106, line 44, leave out "court" and insert "High Court"

22 Page 107, line 6, leave out "court" and insert "High Court"

Clause 243

BARONESS SCOTLAND OF ASTHAL

23 Page 118, line 34, leave out subsection (3)

Before Clause 244

THE LORD HIGGINS
THE BARONESS WILCOX

24* Insert the following new Clause—

   "Civil partners: treatment for tax purposes

   For tax purposes civil partners shall be treated as in the Finance Act 2004."

Clause 245

THE BARONESS WILCOX
THE LORD HENLEY

25 Page 120, line 13, leave out from "(1)" to "may" in line 17

26 Page 120, line 27, leave out subsections (11) and (12)

Clause 252

THE BARONESS SCOTLAND OF ASTHAL

27 Page 124, line 11, leave out "and 14" and insert "to 20"

28 Page 124, line 15, at end insert—

"(c)   sections 220 to 224 extend to Northern Ireland only."

29 Page 124, line 20, at end insert—

"(   )   Section 242 extends to Northern Ireland only."

30 Page 124, line 22, leave out "or repeal" and insert ", repeal or revocation"

31 Page 124, line 23, leave out "or repeal" and insert ", repeal or revocation"

Clause 253

THE LORD MAGINNIS OF DRUMGLASS
THE LORD ROGAN

32 Page 124, line 32, at end insert "but such an order must not be made unless a draft of the statutory instrument containing the order has been laid before and approved by a resolution of the Northern Ireland Assembly"

Schedule 10

THE BARONESS SCOTLAND OF ASTHAL

33 Page 223, line 9, after ""(j)" insert "Schedules 6 to 8 to"

Schedule 16

THE BARONESS SCOTLAND OF ASTHAL

34 Page 243, line 42, at end insert—

   "to the satisfaction of the court, such periodical payments for such term as may be specified;

(f)   an order that one of the civil partners must pay such lump sum as may be specified—

(i)   to such person as may be specified for the benefit of a child of the family, or

(ii)   to a child of the family."

35 Page 273, line 3, at end insert—

"(   )       In this Schedule "the court" has the meaning given by section 183."

Schedule 17

THE BARONESS SCOTLAND OF ASTHAL

36 Page 283, line 14, leave out "(5)(a)(i)" and insert "(5)(a)"

37 Page 283, line 16, leave out "(5)(a)(i)" and insert "(5)(a)"

38 Page 291, line 32, leave out from "apply" to end of line 34 and insert "for the purposes of this Schedule as they apply for the purposes of that Order."

39 Page 291, line 44, at end insert—

"(   )       In any provision of this Schedule "the court" (except where the context otherwise requires) means a court of summary jurisdiction which by virtue of this Schedule or of rules of court has jurisdiction for the purposes of that provision."

Schedule 24

THE BARONESS WILCOX
THE LORD HENLEY

40 Page 344, line 9, at end insert—

"PART 14
AMENDMENT OF THE INHERITANCE TAX ACT 1984 (C. 51)

       In section 18(1), (2) and (3) for "spouse" substitute "spouse or registered civil partner"."

Schedule 25

THE LORD HIGGINS
THE BARONESS WILCOX

41 Page 344, line 12, leave out paragraph 1

42 Page 344, line 15, leave out paragraph 2

43 Page 344, line 18, leave out paragraph 3

44 Page 344, line 22, leave out paragraph 4

Schedule 28

THE DUKE OF MONTROSE
THE BARONESS WILCOX

45* Page 374, line 2, at end insert—

       "In section 16(4) (petitions for recall of sequestration), for "section 41(1)(b)" substitute "sections 41(1)(b) and 41A(1)(b)"."

46* Page 374, line 8, at end insert—

       "In section 34(7) (gratuitous alienations), at end insert "and section 128 of the Civil Partnership Act 2004 (assurance policies)"."

47* Page 374, line 13, at end insert—

"(2A)       In subsection (2)(d) after "(a)", insert "(aa)"."

48* Page 375, line 14, at end insert—

       "In section 51(3) (order of priority in distribution), at end insert "or civil partner"."

49* Page 375, line 16, at end insert—

       "In Schedule 1 (determination of amount of creditor's claim), in paragraph 2(1)(a) after "spouses" insert "or to a former civil partner in respect of a child, following dissolution of that partnership"."

©Parliamentary copyright 2004
1 July 2004