HL Deb 17 November 2004 vol 666 cc1486-7

18 Clause 54, 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—

  1. (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
  2. (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—

  1. (a) subsections (1)(b), (2)(b) and (4)(b),
  2. (b) subsection (8)(a), in so far as applicable in accordance with the relevant law, and
  3. (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."

25 After Clause 67, 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."

26 Clause 78, page 35, line 39, at end insert—

"( ) In section 21 (placement orders), in subsection (4)(c), after "child marries" insert ", forms a civil partnership"."

27 Clause 82, 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".

29 After Clause 82, 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—
  1. (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
  2. (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."
Baroness Scotland of Asthal

My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 18 to 29.

Moved, That the House do agree with the Commons in their Amendments Nos. 18 to 29.—(Baroness Scotland of Asthal.)

On Question, Motion agreed to.