(1-7)

House of Lords

Session 2002 - 03
Internet Publications
Other Bills before Parliament

Civil Partnership Bill [HL]

Civil Partnership Bill [HL]
COMMONS AMENDMENTS
[The page and line references are to Bill 132, the bill as first printed for the Commons.]
Clause 1
1
Page 1, line 4, leave out from “relationship” to “between” in line 5
Clause 2
2
Page 2, line 1, leave out Clause 2
Clause 4
3
Page 2, line 38, leave out “Subject to subsection (2),”
4
Page 3, line 5, leave out subsection (2)
Clause 6
5
Page 3, line 29, leave out from “subject” to end of line 33 and insert “to—

(a)
section 21 (modified procedures for certain non-residents);

(b)
Schedule 4 (former spouses one of whom has changed sex).”
6
Page 3, line 39, at end insert—

“( )
This section is also subject to section (Immigration control and formation of

civil partnerships) and Schedule (Immigration control and formation of civil

partnerships) (immigration control and formation of civil partnerships).”
Clause 7
7
Page 4, line 7, leave out from “means” to end of line 9 and insert “premises which—

(a)
are used solely or mainly for religious purposes, or

(b)
have been so used and have not subsequently been used solely or

mainly for other purposes.”
Clause 11
8
Page 6, line 3, at end insert—

HL Bill 127 53/3

(  2  )

“( )
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,”
Clause 15
9
Page 7, line 7, leave out subsection (2) and insert—

“(2)
Regulations may make provision as to the contents of a civil partnership

schedule.”
Clause 21
10
Page 10, line 39, at end insert “and, where the standard procedure is used in the

first and second cases, is the period of 3 months beginning with that day”
Clause 26
11
Page 12, line 18, leave out from “General,” to end of line 20 and insert—

“( )
Regulations may (subject to subsection (4)) make provision as to the

contents of a licence under this section.”
Clause 35
12
Page 16, line 3, leave out “registration services provided” and insert “services

provided in connection with civil partnerships”
After Clause 35
13
Insert the following new Clause—

“Power to assimilate provisions relating to civil registration

(1)
The Chancellor of the Exchequer may by order make—

(a)
such amendments of this Act as appear to him appropriate for the

purpose of assimilating any provision connected with the

formation or recording of civil partnerships in England and Wales

to any provision made (whether or not under an order under

section 1 of the Regulatory Reform Act 2001 (c. 6)) in relation to civil

marriage in England and Wales, and

(b)
such amendments of other enactments and of subordinate

legislation as appear to him appropriate in consequence of any

amendments made under paragraph (a).

(2)
“Civil marriage” means marriage solemnised otherwise than according to

the rites of the Church of England or any other religious usages.

(3)
“Amendment” includes repeal or revocation.

(4)
“Subordinate legislation” has the same meaning as in the Interpretation Act

1978 (c. 30).”
Clause 36
14
Page 16, line 20, at end insert—

(  3  )

“( )
for the issue by registration authorities or the Registrar General of

certified copies of entries in the register and for such copies to be

received in evidence.”
15
Page 16, line 21, leave out paragraph (f)
16
Page 16, line 25, leave out subsection (4)
17
Page 16, line 33, leave out “subsection (4)” and insert “section (Power to assimilate

provisions relating to civil registration)”
Clause 54
18
Page 26, line 8, leave out “by virtue of provision made under section 149,” and

insert “under section 169,”
19
Page 26, line 10, leave out from “if” to end and insert “the circumstances fall within

any paragraph of section 50(1)”
20
Page 26, line 18, leave out sub-paragraph (i)
21
Page 26, line 21, after “(2)(a)” insert “or (b)”
22
Page 26, line 26, leave out from first “voidable” to end of line 31 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 50(1), or

(ii)
the appropriate part of the United Kingdom is Scotland and

the circumstances fall within section 50(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.”
23
Page 26, line 42, after “Wales” insert “or Northern Ireland”
24
Page 26, line 45, leave out subsections (9) and (10) and insert—

“(8A)
Section 51 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 50 and 51 to the formation of the civil partnership are to be read as

references to the registration of the overseas relationship.”
After Clause 67
25
Insert the following new Clause—

(  4  )

“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.”
Clause 78
26
Page 35, line 39, at end insert—

“( )
In section 21 (placement orders), in subsection (4)(c), after “child marries”

insert “, forms a civil partnership”.”
Clause 82
27
Page 37, line 37, at end insert—

“( )
In paragraph (b)(iii) of section 1(3), after “wife” insert “or civil partner”.”
28
Page 38, line 10, at end insert—

“( )
In section 3 (assessment of damages), in subsection (4), after “wife” insert

“or civil partner”.”
After Clause 82
29
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) 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,

(  5  )


is to be treated as applying in an equivalent way for the purpose of proving

or disproving the existence of a civil partnership.”
Clause 84
30
Page 38, line 30, leave out “Subject to subsection (2),”
31
Page 38, line 36, leave out “of understanding the nature of civil partnership” and

insert “of—

(i)
understanding the nature of civil partnership, or

(ii)
validly consenting to its formation”
32
Page 38, line 37, leave out subsection (2)
33
Page 39, line 42, leave out “following modifications” and insert “modifications

specified in subsections (7) and (8)”
34
Page 39, line 45, leave out “those provisions” and insert “subsection (5) or those

paragraphs”
35
Page 40, line 15, at end insert—

“( )
For the purposes of this section, a degree of relationship specified in

paragraph 1 of Schedule 11 exists whether it is of the full blood or the half

blood.

( )
Amend section 41(1) of the Adoption (Scotland) Act 1978 (c. 28)

(application to determination of forbidden degrees of provisions of that Act

relating to the status conferred by adoption) as follows—

(a)
after first “marriage” insert “, to the eligibility of persons to register

as civil partners of each other”, and

(b)
for “and incest” substitute “, to such eligibility and to incest”.”
Clause 90
36
Page 42, line 6, leave out “of understanding the nature of civil partnership” and

insert “of—

(a)
understanding the nature of civil partnership, or

(b)
validly consenting to its formation”
Clause 91
37
Page 42, line 42, at end insert—

“( )
The place of registration may, if the approval of the Registrar General is

obtained, be outwith the district of the authorised registrar carrying out the

registration.”
38
Page 42, line 43, leave out from “be” to end of line 45 and insert “in religious

premises, that is to say in premises which—

(a)
are used solely or mainly for religious purposes, or

(b)
have been so used and have not subsequently been used solely or

mainly for other purposes.”
39
Page 43, line 2, leave out “; and “known” means known to the local registration

authority”

(  6  )

After Clause 117
40
Insert the following new Clause—

“Separation

(1)
An action for the separation of the civil partners in a civil partnership may

be brought in the Court of Session or in the sheriff court.

(2)
In such an action the court may grant decree if satisfied that the

circumstances set out in any of paragraphs (a) to (d) of section 115(3) are

established.”
Clause 120
41
Page 62, line 8, leave out from “other” to end of line 9 and insert “, the civil

partnership is void if, and only if—

(a)
they were not eligible to do so, or

(b)
though they were so eligible, either of them did not validly consent

to its formation.”
Clause 121
42
Page 62, line 16, leave out “50” and insert “50(1)(a), (b), (c) or (e)”
43
Page 62, line 19, leave out “by virtue of provision made under section 149,” and

insert “under section 169,”
44
Page 62, line 21, leave out “by virtue of such provision” and insert “under section

170(1)(a), (b), (c) or (e)”
45
Page 62, line 29, leave out sub-paragraph (i)
46
Page 62, line 32, after “(2)(a)” insert “or (b)”
47
Page 62, line 37, leave out from first “voidable” to end of line 42 and insert “if—

(i)
the appropriate part of the United Kingdom is England and

Wales and the circumstances fall within section 50(1)(a), (b),

(c) or (e), or

(ii)
the appropriate part of the United Kingdom is Northern

Ireland and the circumstances fall within section 170(1)(a),

(b), (c) or (e).

(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.”
48
Page 63, line 7, leave out from “law,” to end of line 15 and insert—

“(b)
where either of the parties was domiciled in England and Wales at

the time when the overseas relationship was registered, the

circumstances fall within section 50(1)(a), (b), (c) or (e), or

(c)
where either of the parties was domiciled in Northern Ireland at the

time when the overseas relationship was registered, the

circumstances fall within section 170(1)(a), (b), (c) or (e).

(8A)
Section 51 or (as the case may be) section 171 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

(  7  )

(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 50 and 51 or (as the case may be) sections 170 and 171 to the

formation of the civil partnership are to be read as references to the

registration of the overseas relationship.”
Clause 123
49
Page 63, line 31, leave out subsection (3)
After Clause 127
50
Insert the following new Clause—

“Succession: legal rights arising by virtue of civil partnership

(1)
Where a person dies survived by a civil partner then, unless the

circumstance is as mentioned in subsection (2), the civil partner has right to

half of the moveable net estate belonging to the deceased at the time of

death.

(2)
That circumstance is that the person is also survived by issue, in which case

the civil partner has right to a third of that moveable net estate and those

issue have right to another third of it.

(3)
In this section—


“issue” means issue however remote, and


“net estate” has the meaning given by section 36(1) (interpretation) of

the Succession (Scotland) Act 1964 (c. 41).

(4)
Every testamentary disposition executed after the commencement of this

section by which provision is made in favour of the civil partner of the

testator and which does not contain a declaration to the effect that the

provision so made is in full and final satisfaction of the right to any share

in the testator’s estate to which the civil partner is entitled by virtue of

subsection (1) or (2), has effect (unless the disposition contains an express

provision to the contrary) as if it contained such a declaration.

(5)
In section 36(1) of the Succession (Scotland) Act 1964 (c. 41), in the

definition of “legal rights”, for “and legitim” substitute “legitim and rights

under section (Succession: legal rights arising by virtue of civil partnership) of

the Civil Partnership Act 2004”.”
Clause 133
51
Page 67, line 22, leave out “civil partnership”
Clause 134
52
Page 67, line 25, leave out “Subject to subsection (2),”
53
Page 67, line 33, leave out subsection (2)