Grand Committee Report of 17 May 2004

Official Report of the Grand Committee on the

  Civil Partnership Bill [H.L.]
  (Fourth Day)
  The Committee met at half past three of the clock.
  [The Deputy Chairman of Committees (Lord Elton) in the Chair.]
  The Deputy Chairman of Committees (Lord Elton): Before proceedings begin, I draw the Committee's attention to the fact that the Stationery Office has printed continuation numbers for the long amendments on the Marshalled List—for instance, on page 10—as Members of the Committee requested last week. In addition, the Government have prepared an informal document showing the Bill including all the government amendments, copies of which are available from the Attendant at the door.
  The Lord President of the Council (Baroness Amos) moved Amendment No. 61AW:
  Before Clause 149, 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—

  (a) the High Court, or

  (b) a county court.

  (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."
  The noble Baroness said: Before I speak to this group of nine amendments I should say to the Committee that at Thursday's sitting it was generally agreed that it would be helpful if we could find a way to put the amendments relating to Northern Ireland in a new format to facilitate the Committee's consideration of them. It was also suggested that the Government provide further explanatory material on the amendments. We have attempted to do this. I should like to put on record my thanks to the officials who worked very hard to produce the material that was requested by the Committee.
  separate version of Part 4 with the amendments incorporated, making it easier to see how the proposed amendments fit into existing provisions for Northern Ireland, has been produced. However, I make clear to the Committee that this is not an official version but a draft intended to aid Members of the Committee in
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  discussion. We have also produced a revised set of draft Explanatory Notes to accompany those amendments and a supplementary document noting the purpose and effect of each amendment. I hope that noble Lords will find these documents helpful in assisting our deliberations this afternoon.
  Turning to the amendments, this group of nine amendments make provision in Northern Ireland in connection with civil partnership which is comparable to the provision made for England and Wales by Chapter 3 of Part 2 as well as Schedules 4, 5, 6 and 7. They cover a wide range of legislative provision that sets out the rights and responsibilities of civil partners during the civil partnership, on its dissolution and after the death of one of the civil partners.
  I will speak in some detail on this group and the following groups of amendments, as I did on Thursday. I hope that the Committee will find it useful in following the debate. I have taken heed of the request of the noble Baroness, Lady O'Cathain, and will indicate page numbers in the Marshalled List as I proceed.
  Amendments Nos. 61AW and 61AX on page 38 enable civil partners to refer disputes over property to court using a summary procedure. The first of these amendments allows these disputes to be resolved in the High Court or a county court. The second of these amendments extends the availability of this jurisdiction of the court to situations where the civil partner no longer has the money or property in possession. In these cases the court has the same powers to make orders as if the property or money in question was still in the hands of the civil partner, including the power to order one civil partner to pay to the other a sum of money as appropriate. We discussed similar provisions in relation to Clauses 64 and 65 on 13 May.
  Amendment No. 61AY on page 39 extends to civil partners and their children the protections under Northern Ireland law currently available to spouses and children in respect of the proceeds of life assurance policies. As in Clause 67 for England and Wales and Clause 127 in Scotland, this is a necessary provision to ensure that surviving civil partners and their children are treated in the same way as spouses and the children of a married couple for the purposes of life assurance policies which have been expressly taken out for their benefit.
  Amendments Nos. 61AZ, on page 39, and 63A, on page 70, are concerned with the disposition of the estate of civil partners who have died. Amendment No. 63AZ contains a clause introducing Amendment No. 63A which amends existing legislation in Northern Ireland in relation to the effect of the formation or dissolution of a civil partnership on the will of a civil partner. Where a person has made a will, that will is revoked by the formation of a civil partnership, it being expected that the testator would have wished to make fresh provision. Similarly, the dissolution of a civil partnership will have the effect of revoking the will insofar as it concerns any disposition made in favour of the former civil partner. I hope that

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  given the supplementary material that we have provided, any further questions that the Committee may have on that are past us.
  Amendment No. 63A also deals comprehensively with the rights of surviving civil partners to a share of the deceased's estate under the intestacy rules and inheritance legislation.
  Amendments Nos. 61 BA, on page 39, 63B, on page 80, 63C, on page 117 and 63D, on page 141 establish a system of financial relief in Northern Ireland for civil partners and children of their family following the breakdown of the civil partnership. Amendment No. 61 BA inserts a new clause introducing the schedules contained in the three subsequent amendments.
  Amendment No. 63B inserts a new schedule which deals with the adjustment of the finances and property rights of civil partners when a civil partnership is brought to an end. Amendment No. 63C sets out a system of financial relief that will be available in the magistrates' courts tier. This will enable civil partners to apply for maintenance themselves and for children of the family in the same way as parties to a marriage.
  Amendment No. 63D inserts a new schedule containing provisions for financial relief in Northern Ireland after a civil partnership has been dissolved or annulled or the civil partners have been legally separated in a country outside the British Isles.
  The provision made by these four amendments replicates existing arrangements for the financial arrangements between married couples whose marriage has ended, either within or outside Northern Ireland.
  The nine amendments in this group amend or replicate existing provision in Northern Ireland law applying to married couples and their property and finances. They raise no new issues of principle for the Bill. I beg to move
  Baroness O'Cathain: I tell the Leader of the House that I will not be long, but wish, first, to thank her very much and, indeed, through her, her officials, because it must have been some task to make some sense out of this matter. Although we have not had much time to look at the amendments—I have only just received most of them—the results have been useful.
  Secondly, the noble Baroness started by saying that the new amendments are comparable to the amendments for England and Wales, which is fine. But are they identical? If they are only comparable there may be some areas which the Minister could highlight. Could someone write to let us know if there are any differences? We have largely been examining the England and Wales provisions and if these new amendments are identical there will not be much more work to do.
  Baroness Amos: With respect to "identical" or "comparable", they will be different—or differently worded—only where Northern Ireland legislation is different. The reason that I use the word "comparable" concerning Northern Ireland legislation is that I have
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  sought, as I go through, to highlight those places where it is different, because I know that the Committee would want to know. But in the majority of instances, where there is a slight difference, it will be because the orders or legislation in Northern Ireland are slightly different.
  Lord Lester of Herne Hill: May I also thank the noble Baroness the Leader of the House, her team and Ministers more generally for what is a departure from anything that I have ever known before in the decade for which I have belonged to the House? I very much hope that what is being done on this occasion may be considered as a possible example for what could be done again. It has always seemed to me strange that the way in which we deal with amendments makes it extremely difficult, even for lawyers, who have the sad task of reading such things, to be able to mate the proposed amendments to the text of a Bill. The beauty of what has been done here is that, in an informal document, we have the entire relevant parts of the Bill dealing with Northern Ireland in a way that does not require us to go back and forth to the Marshalled List.
  The other thing that is important is to have the notes on the amendments, which Ministers themselves have, which means that we have an update on the Explanatory Notes. One problem about the way in which we normally deal with law-making is that although we normally have good Explanatory Notes on the Bill, we do not always get Explanatory Notes on amendments, especially government amendments. Funnily enough, that does not apply where the Joint Committee on Human Rights is involved, which is able, to some extent, to get some of the material in its area updated.
  That is admirable, and enables us to see what is being proposed as a whole. As far as I can see, we are not establishing any different principles in the Northern Ireland part of the Bill—as the noble Baroness said, all we are doing, on my reading, is to change the nomenclature to suit Northern Ireland legislation. On that basis, the amendments, and others like them, are not controversial; they mirror what we have already scrutinised. I repeat my great gratitude for the labour that has been done and my hope that it may be considered to be a precedent set for the future.
  Lord Alli: I, too, thank my noble friend the Leader of the House and her officials for the extremely helpful and thorough notes. They certainly helped me this morning to run through the amendments in some detail and to consider them more carefully. I wonder whether my noble friend could also pass on my thanks to my noble friend Lord Filkin for his helpful letter about the work being done concerning unmarried same-sex couples.
  Baroness O'Cathain: Not same-sex couples.
  Lord Alli: Sorry—co-habiting couples, both same-sex and of opposite sex. We asked for that and his response is most encouraging.
  Baroness Amos: First, I thank members of the Committee for recognising the hard work that officials

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  have done. I tell the noble Lord, Lord Lester, that one way in which I managed to persuade parliamentary counsel that this work could be done informally by officials was by promising that I was not setting a precedent. So the noble Lord's words are not especially helpful in that respect. I repeat that this was an informal exercise; it does not set a precedent—although I absolutely recognise the helpfulness of it to the Committee. I should like to retain a degree of flexibility in how we handle Committee stages of Bills, especially when there is a large volume of government amendments, as in this case. It will, of course, depend on work load. I should like to endorse the fact that the principles are not different, they are the same. I also thank my noble friend Lord Alli, with respect to his comments about my noble friend Lord Filkin.
  On Question, amendment agreed to.
  3.45 p.m.
  Baroness Amos Baroness Amos moved Amendments Nos. 61AX to 61BA:
  Before Clause 149, 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 ( I )(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),
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  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."
  Before Clause 149, 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."
  Before Clause 149, 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."
  Before Clause 149, 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."
  On Question, amendments agreed to.
  Baroness Amos Baroness Amos moved Amendment No. 61 BB:
  Before Clause 149, 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.

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  (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."
  The noble Baroness said: Amendment No. 61BB, which is on page 40, and Amendment No. 61BC, on page 41, make provision for Northern Ireland comparable to Clauses 70 and 71 of Part 2 of the Bill, dealing with England and Wales.
  Amendment No. 61 BB provides that agreements to register as civil partners will not be enforceable and no right of action will arise if such an agreement is broken. This provision corresponds to the current Northern Ireland law on engaged couples.
  Amendment No. 61BC introduces a provision which would apply where a civil partnership agreement is terminated but a dispute arises between the couple over property. The new procedures under Amendment No. 61AW and 61AX, dealing with disputes between civil partners, which we have just agreed, will be available to parties who have terminated a civil partnership agreement. This amendment matches existing Northern Ireland provision relating to disputes between formerly engaged couples. I beg to move.
  On Question, amendment agreed to.
  Baroness Amos Baroness Amos moved Amendment No. 61 BC:
  Before Clause 149, 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."
  On Question, amendment agreed to.
  Clause 149 [Further provision for Northern Ireland]:
  On Question, Whether Clause 149 shall stand part of the Bill?
  Lord Monson: We have not quite left Northern Ireland yet. This seems an opportune moment to raise a general question in respect of the Province and its legislation. I apologise if it was touched upon last Thursday, but I was otherwise occupied for most of the day.
  If the Northern Ireland Assembly were ever to reconvene, would it have the power, if it so chose, to amend or repeal the legislation in so far as it embraces Northern Ireland? It may never so choose, but it would he interesting to know whether it would have that power.
  Baroness Amos: The Northern Ireland Assembly would have that power on the issues which were within its remit.
  I am going to confuse the Committee, because I did this last week in opposing clause stand part. I wish to oppose Clause 149 standing part of the Bill.
  Clause 149 is a common clause appearing in Westminster legislation, which needs to be replicated in whole or in part for Northern Ireland. The clause permits an Order in Council under the schedule to the Northern Ireland Act 2000 to make further provision for civil partnership in Northern Ireland. It was necessary to include that clause in the Bill on introduction for drafting reasons in order to ensure that it was technically correct. However, now that we have the necessary additional clauses and schedules for Northern Ireland being added to the Bill, Clause 149 is no longer necessary. That is why I oppose Clause 149 stand part of the Bill.
  Clause 149 negatived.
  Baroness Amos Baroness Amos moved Amendment No. 61 BD:
  After Clause 149, 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,"."
  The noble Baroness said: Amendments Nos. 61BD and 61BE on page 42 and Amendments Nos. 61BF, 61BG and 61BH on page 43 add five new clauses to Part 4 of the Bill. They deal with matters relating to children. The five new clauses would amend certain

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  family law legislation in Northern Ireland in much the same way as is done in Chapter 5 of Part 2 of the Bill, which has already been debated.
  The amendments take account of the important role that civil partners will play in children's lives. "Child of the family" will be redefined to include children who are treated as children of the family by civil partners. Civil partners will be able to obtain parental responsibility for children of their civil partner by court order or by agreement of all those who have parental responsibility for that child.
  Those amendments also allow civil partners to apply for residence and contact orders in respect of a child of the family, in the same way as parties to a marriage. That will ensure that a child who has formed a close attachment to a civil partner who is not his or her parent can continue to benefit from that bond even if the relationship between the civil partners has ended. When hearing an application of this nature, the court will obviously take into account whether a residence or contact order is in the best interests of the child in question.
  Those amendments also allow a civil partner to be liable for financially maintaining a child whom he or she has treated as a child of the family. That will enable the court to make orders for periodical payments to be made from one civil partner to the other or to a child of the family or to a particular person for the benefit of the child. That will not affect the responsibility of the biological parent to maintain his or her child.
  Those amendments also contain a safeguard for a civil partner who appoints his or her civil partner to act as a guardian for his or her children. That appointment will be revoked if the civil partnership is subsequently dissolved or annulled, unless a contrary intention is shown in the appointment.
  Finally, Amendment No. 61BH makes minor and consequential amendments to adoption legislation in Northern Ireland. I beg to move.
  Lady Saltoun of Abernethy: I am looking at subsection (2) of the proposed new clause in government Amendment No. 61BD, which states that a,
  "'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".
  That is not really applicable in this case. One might want to say "a child of either of them", but I query the words,
  "a child of both of them",
  in that particular context. Apart from anything else, it seems to be extraordinarily bad English. Would the noble Baroness care to comment?.
  Baroness Amos: I think that that is in relation to civil partners being guardians to the child, for example, as well as whether the biological parent of the child is one of the civil partners.
  Baroness O'Cathain: Perhaps I can follow that up: I wonder whether it would be anything to do with the Gender Recognition Bill?
  Baroness Amos: No, it does not relate to the Gender Recognition Bill at all. As I said, the provision relates to both marriage and civil partners.
  Lord Lester of Herne Hill: Perhaps I can follow up the question of the noble Lord, Lord Monson, about the impact of the devolution scheme. It arises on all these amendments and is a question that goes as much to the Scottish as to the Northern Irish provisions. I understand the answer that has been given by the Leader of the House, which is that it all depends upon whether a matter falls within those matters that are devolved. Obviously, that has to be tackled to some extent on a provision by provision basis, according to the subject matter.
  However, if it would not be too much trouble, it would be helpful if the Government would at some point spell out the brief principles that would apply in deciding whether a matter falls within those that are devolved and are capable of being legislated upon by the Northern Ireland Assembly, when it is restored, or by the Scottish Parliament, or whether they are matters that are controlled entirely by the Westminster Parliament and are therefore not capable of amendment.
  I can see that at the moment one imponderable would be that under the devolution scheme both the Northern Ireland Assembly and the Scottish Parliament are constrained in their law-making powers by the Human Rights Act and by the European Convention on Human Rights. Therefore, if it would be unjustifiably discriminatory to treat homosexual people in Northern Ireland less favourably than homosexual people in the rest of the United Kingdom, that would be a constraint upon the ability of the Assembly to amend, even if, on the face of it, the amending power seemed to fall within the devolution scheme. I do not wish to detain the Committee in any detail on it, but it seems to me that, in view of the understandable sensitivities in Scotland and Northern Ireland, and to a lesser extent in Wales—a lesser extent because they do not have the same law-making powers—it would be helpful if we could have a short explanation at some convenient moment. If not now, then can we please have it on some future occasion, just for the record?
  Baroness Amos: I have listened carefully to the noble Lord, Lord Lester, and we can set out those areas of responsibility that fall to the devolved administrations and those that fall to Westminster. It would be more difficult to set out those areas where, for example, the Assembly or the Scottish Parliament may feel that they want to challenge responsibility and which may end up in a court of law. On the basis of the devolution settlements for Northern Ireland and Scotland, we would be able to set out those areas that fall to Westminster or to Belfast or Edinburgh. The Committee will know, for example, that immigration falls to Westminster, as does responsibility for

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  elections. Other areas—for example, social security—fall to the Northern Ireland Assembly. I can set that out in very broad terms in writing to the Committee.
  Lord Lester of Herne Hill: I would be very grateful if it could be applied in the context of the Bill so that one has some idea of the fuller answer to the question of the noble Lord, Lord Monson.
  4 p.m.
  Baroness Amos: My attention has just been drawn to the fact that on page 19 of the consultation document, which all Members of the Committee may not have in front of them, are set out transferred, reserved and accepted matters. However, I shall write to noble Lords on that point.
  On Question, amendment agreed to.
  Baroness Amos Baroness Amos moved Amendments Nos. 61BE to 61BH:
  After Clause 149, insert the following new clause—
  "GUARDIANSHIP
  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.""

  After Clause 149, 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;"."
  After Clause 149, 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."
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  (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"."
  After Clause 149, insert the following new clause—
  "ADOPTION
  (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 (I 3)(a), for "or marriage" substitute ", marriage or civil partnership"."
  On Question, amendments agreed to.
  Baroness Amos Baroness Amos moved Amendment No. 61 BJ:
  After Clause 149, 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—
  "(1A) Any person who—

  (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;

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  (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.
  (1B) The documents are—

  (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"."
  The noble Baroness said: We are nearing the end of the government amendments adding new clauses and schedules for Northern Ireland. I am grateful to Members of the Committee for their patience. This group of amendments contains two schedules. I shall proceed carefully to ensure that we are all able to understand the purpose of each amendment. This group corresponds to Chapter 6 of Part 2. We have already debated those provisions and these amendments raise no new policy issues.
  Amendment No. 61BJ on page 44 deals with false statements made in connection with civil partnership. It does so by amending the Perjury (Northern Ireland) Order 1979, creating offences comparable to those which would apply to false statements made in connection with the procurement of a marriage.
  Amendment No. 61BM on page 45 amends the Fatal Accidents (Northern Ireland) Order 1977 and enables civil partners and former civil partners to make claims under that legislation in the same way as spouses and former spouses can at present. This amendment matches in identical terms the provisions in Clause 80 dealing with the relevant legislation applying in England and Wales.
  Amendments Nos. 61BK on page 45 and 63E on page 155 deal with housing and tenancy succession in Northern Ireland and amend various pieces of existing legislation. Amendment No. 61BK is a new clause introducing the schedule moved by Amendment No. 63E. The Committee will see that Schedule 8, dealing with these matters in England and Wales, is significantly bigger than its corresponding schedule in Amendment No. 63E. I should like to assure the Committee that this does not imply that civil partners would have any fewer rights to succeed to tenancies in Northern Ireland than their counterparts in England and Wales—here I point out a significant difference to the noble Baroness, Lady O'Cathain—merely that the
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  different organisation of the provision of social housing in Northern Ireland entails the need for fewer pieces of legislation. There are also specific pieces of legislation amended in Schedule 8 for England and Wales which have no direct counterparts in Northern Ireland, due largely to the different history of property ownership and its legislative regulation. That is one of the areas where there is a big difference.
  Finally, Amendments Nos. 61BL on page 45 and 63F on page 159 deal with the protection to be afforded to civil partners under relevant Northern Ireland legislation dealing with occupation of the family home and protection from domestic violence. Amendment No. 61BL is the new clause introducing the schedule in Amendment No. 63F.
  I point out one significant difference between the legislation in England and Wales and Northern Ireland. As yet, legislation on family homes and domestic violence in Northern Ireland does not cater for same-sex cohabitees, as does the legislation here. The Government hope that that will be remedied within this Session. I beg to move.
  On Question, amendment agreed to.
  Baroness Amos Baroness Amos moved Amendments Nos. 61BK to 61BM:
  After Clause 149, insert the following new clause—
  "HOUSING AND TENANCIES
  Schedule (Housing and tenancies: Northern Ireland) amends certain enactments relating to housing and tenancies."
  After Clause 149, 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."
  After Clause 149, insert the following new clause—
  "FATAL ACCIDENTS CLAIMS
  (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 subparagraph (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

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  (b) in sub-paragraph (b), after "was never married" insert "or a civil partner"."

  On Question, amendments agreed to.
  Clause 150 [Registration at British consulates etc.]:
  Baroness Amos Baroness Amos moved Amendment No. 61 BN:
  Page 73, line 40, leave out "and 165(1)(c)(i)" and insert ", 162(c), 164(ab), 165(1)(c)(i) and (3)(c)(i), (Proceedings for dissolution, separation or nullity order)(1)(c)(i) and (2)(c)(i), (Proceedings for presumption of death order)(c) and (Applications for declarations as to validity etc.)(b) and section 1(3)(c)(i) of the Presumption of Death (Scotland) Act 1977 (c. 27)"
  The noble Baroness said: This group of amendments serves two purposes. First, Amendments Nos. 65A and 65B on page 51, Amendments Nos. 65L and 65M on pages 56 and 57, Amendments Nos. 65N, 65P and 65Q on page 58 and Amendments Nos. 65S and 65T on page 65 continue the package of Northern Ireland provisions which we are adding to the Bill.
  While the main provisions for Northern Ireland appear in Part 4, additional provisions are needed in Chapter 3 of Part 5 to set out the jurisdiction of the courts in Northern Ireland. At present, the chapter only covers courts in England, Wales and Scotland. We are therefore making minor changes to Clause 159 to ensure that the regulations under that clause can apply in Northern Ireland, subject to the appropriate procedures.
  In addition, new clauses are inserted after Clause 157 to provide for the jurisdiction of courts in Northern Ireland, mirroring Clauses 160 to 164 in England and Wales. There is also a small technical change to Clause 178, consequential on the fees provision inserted by an earlier government amendment to Part 4. Clause 178, as amended, will ensure that this fees provision works correctly in relation to things done by, or on behalf of, the Registrar General for Northern Ireland, under an Order in Council made under Part 5.
  Secondly, Amendments Nos. 65C to 65K, which are all on pages 53 to 55, and Amendment No. 96A ensure that the courts in all parts of the UK have the jurisdiction they need to hear applications concerning civil partnerships registered in that part of the UK for dissolution, nullity or separation orders, presumption of death orders and declarations as to validity, even where neither party is domiciled in the United Kingdom.
  The Bill as introduced provided this jurisdiction only in the case of applications for a dissolution or separation order, and in England and Wales in nullity cases. But it is important that civil partners who registered in the UK can gain access to the courts in that part of the UK for all these applications, provided the court considers it in the interests of justice to assume jurisdiction. The new provisions being inserted for Northern Ireland ensure a similar result there.
  The provision of a residual jurisdiction for UK courts to hear cases concerning civil partnerships registered in the UK is important because civil partners who register in the UK may subsequently move to a country or territory where civil partnerships
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  are not recognised. As a result, the local courts would have no power to make decisions affecting the civil partnership. If the couple were no longer domiciled in the UK, the UK courts would have no jurisdiction. The couple would be left with nowhere they could go to obtain a valid dissolution or decision on the validity of their civil partnership.
  The approach we have taken ensures that cases are not brought back to the UK courts without good reason. The inclusion of an "interests of justice" test allows the UK courts to consider whether they provide the most convenient forum or whether, on the contrary, the matter can appropriately be decided in another legal jurisdiction.
  If the couple are domiciled in a country where the local courts have full power to decide the matter, it is unlikely that the UK courts would be prepared to assume jurisdiction and hear the case. These provisions give the courts a residual jurisdiction to hear the matter where they consider it to be in the interests of justice to do so.
  The consequential amendments to Clauses 150 and 151 ensure that, for the purposes of this residual jurisdiction, a civil partnership formed outside the UK under an Order in Council will be treated as if the parties had registered as civil partners in the part of the UK determined in accordance with the Order in Council. I beg to move.
  Lord Lester of Herne Hill: These provisions seem to us to be entirely fit for the purpose for which they have been introduced. They deal with difficult and important issues of primary international law, about foreign recognition and jurisdiction and so on, in a way that mirrors what happens elsewhere in our family law jurisdictions. May I just ask for confirmation that, in relation both to the Northern Ireland judiciary and legal profession and also to the other senior judiciaries and legal professions of Scotland, England and Wales, there was consultation about these provisions before they were introduced? If not, what is the position?
  Baroness Amos: My understanding is that there has not been consultation on these matters. However, we did not anticipate any difficulties with the judiciary with respect to these matters.
  Lord Lester of Herne Hill: I am grateful. I am not suggesting that there would be any difficulty; I just wondered whether there had been. I cannot see any particular reason why there needs to be, since this is essentially simply and coherently adding to the jurisdiction that already exists.
  On Question, amendment agreed to.
  Clause 150, as amended, agreed to.
  Clause 151 [Registration by armed forces personnel]:
  Baroness Amos Baroness Amos moved Amendment No. 61 BP:
  Page 74, line 29, leave out "and 165(1)(c)(i)" and insert ", 162(c), 164(ab), 165(1)(c)(i) and (3)(c)(i), (Proceedings for dissolution, separation or nullity order)(1)(c)(i) and (2)(c)(i), (Proceedings for presumption of death order)(c) and (Applications for declarations as to validity etc.)(b) and section 1(3)(c)(i) of the Presumption of Death (Scotland) Act 1977 (c. 27)"
  On Question, amendment agreed to.
  Clause 151, as amended, agreed to.
  Clause 152 [Meaning of "overseas relationship"]:
  [Amendment No. 62 not moved.]
  On Question, Whether Clause 152 shall stand part of the Bill?
  Lord Lester of Herne Hill: Clause 152—which I hope we are about to decide should stand part of the Bill — is obviously a particularly important one at the current time when so much is on the move in other countries. I think that it is important to say that today is an historic day, certainly in Massachusetts where gay and lesbian marriages are being celebrated. Those who live in the Commonwealth of Massachusetts and elsewhere around the world will be particularly interested in this clause and other related clauses. This provision is plainly a very important element as those people need to know where they will stand if they come and settle, for example, in this country. So this provision is most welcome. I am very glad that no amendment is being moved to the clause and that there seems to be no opposition to it.
  Clause 152 agreed to.
  4.15 p.m.
  Clause 153 [Specified relationships]:
  Lord Henley Lord Henley moved Amendment No. 63:
  Page 75, line 12, leave out subsections (2) to (6).
  The noble Lord said: This is a brief probing amendment to Clause 153, proposing to leave out subsections (2) to (6). We tabled it simply to ask why the Government are treating amendments to specified relationships in different ways.
  Clause 153 defines "specified relationships" for overseas relations that are to be treated as civil partners. The clause as currently drafted would allow the Secretary of State to change Schedule 14, the schedule setting out the meaning of overseas relationships, for the purposes of this part of the Bill. I believe that it is a quite large power to allow the Secretary of State to change that by diktat. It is what I think has always been defined as a Henry VIII power in that he is being given power to amend legislation. While,
  "amending the description of a relationship, or … omitting a relationship"—
  as provided in subsection (5)(a) and (b)—is quite rightly subject, with this Henry VIII power, to the affirmative procedure, adding a relationship, as in subsection (2)(a), is not. I should be very interested to know whether the Government can explain why that is not to be done by the affirmative procedure whereas the others are.
  I think that we are all well aware of the vast numbers of negative statutory instruments that pass weekly and monthly through the House. I am also sure that most noble Lords will accept that we possibly do not give them all the scrutiny they necessarily deserve, unless we happen to have the joy of sitting on the Joint Committee on Statutory Instruments.
  It is very important that when we come to a matter as important as a relationship under Schedule 14, it should not be done by a negative instrument. It would be more appropriate for it to be done by an affirmative procedure. I should be very interested to know the Government's reasoning why some of these bits of Clause 153 are dealt with by an affirmative order and some by a negative one. I beg to move.
  Lord Lester of Herne Hill: For the reasons I had begun to outline, it is obviously very important that people living overseas in established relationships should know how those relationships are to be recognised or not recognised within the United Kingdom. I think that I have already raised the point—in correspondence, and perhaps even in a Question for Written Answer—that Schedule 14 as it stands, on page 207 of the Bill, is much more restrictive in the countries and the territories that it specifies than was the provision outlined originally in the White Paper. As I understand the position, that is because the Government wished to have necessary flexibility as they could look at the changing laws and practices in those countries and decide which of them would come within Schedule 14 and which would not.
  We can take the Commonwealth of Massachusetts as an example to serve for all since today happens to be the day when the new process begins; men and women are marrying under the present law in Massachusetts. It is possible that an attempt will be made to change it—if the constitution of Massachusetts is amended in two years' time—to turn them into civil partners, as I understand it, rather than into married persons. That seems to be one possible outcome of a political controversy that is happening in Massachusetts.
  If John and James, or Mary and Elizabeth, "marry" under the prevailing law of the Commonwealth of Massachusetts, they will need to know what the consequence of that will be if they come to settle in, for example, this country. While they are living in the United States, at the moment, because of something called the Defence of Marriage Act—a federal Act — they will have virtually no rights in most other states or under federal law. They will be gravely disadvantaged, and even if they are civil partners they will be left with shrunken rights. So for those European and Commonwealth countries that are taking the step that we are taking, the recognition under this provision of the Bill and Schedule 14 is of enormous consequence. Obviously, it requires clarity—reasonable legal certainty—because they may decide to change their positions as a result of their advice about what our law now provides.
  As it is now drafted, Clause 153 is not objectionable. I note that the consent of the Scottish Ministers and the Department of Finance and Personnel in Northern Ireland must be obtained before any order is made that shows proper deference to the devolved administrations. I do not think that that needs affirmative resolution. Indeed, that would be detrimental because it is important that civil partners across the world should be protected sooner rather than later once the Bill comes into force.

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  Frankly, I am not sure of the competence of even us as parliamentarians to be able to judge questions of foreign law that have to be looked into in exercising that power. I hope that I do not offend anyone in suggesting that that may be the case. However, I should be grateful for greater clarity about how the powers are to be exercised and by what criteria that would be decided. To take my Massachusetts example, when that kind of evolving situation is occurring, at what point, in what manner and by what procedure will Ministers take a decision to include or exclude those within that jurisdiction under Section 153 as a specified relationship? It may be that a full answer again cannot be given today, but the fullest possible answer should be given at some point while the Bill is in this House.
  Baroness Crawley: I hope that the following explanation will help to answer the questions posed by the noble Lord, Lord Henley. I shall turn to the questions posed by the noble Lord, Lord Lester, in a moment.
  The clause introduces Schedule 14, which lists the specified relationships that can be treated as civil partnerships if the other requirements of this chapter are met. Schedule 14 ensures transparency for the users of the legislation by providing certainty for individual couples, government departments and private-sector bodies, such as pension groups and employers, about whether a particular kind of overseas relationship may in principle be treated as a civil partnership. The clause also gives the Secretary of State power to amend Schedule 14—referred to by the noble Lord, Lord Henley—by secondary legislation, which this amendment seeks to remove.
  In order to ensure that the list of specified relationships keeps pace with the likely introduction of new kinds of same-sex partnerships or marriage in other countries in future, it is necessary to include such a power. The law in this area is developing quickly. It would not be practicable to use primary legislation for each amendment that may be needed to the schedule. The removal of a power to add to or to delete from the list risks the creation of legislation that is relevant for only a short period of time. We clearly need the flexibility in the Bill to take account of future changes around the world. As I said earlier, those changes are happening very rapidly.
  We recognise that an order made using this power, which would have the effect of removing or amending one of the specified relationships contained in the schedule, should be subject to the affirmative resolution procedure, and the clause provides accordingly. That is because such an order might involve a reduction in the scope of recognition of overseas relationships and might involve amending a provision approved by Parliament during the passage of the Bill. It is anticipated that the power would rarely be exercised in this way, but it is necessary in case a partnership scheme in another country were repealed or amended or a court judgment fundamentally
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  changed the nature of an overseas relationship in a way which made its treatment as a civil partnership in the UK inappropriate.
  However, it is not considered appropriate to require affirmative resolution for any exercise of the power that merely adds new foreign relationships to the list. Such additions would not raise any new issue of principle for Parliament to consider, but would simply be applying the approach taken by the Bill to new forms of relationship. The content of Schedule 14 already gives a good indication of the kinds of relationships that might be added in future. These are all relationships which are considered to meet the general conditions laid out in Clause 154, in that they all involve exclusive same-sex relationships that are registered, are of indeterminate duration and result in the parties being treated as a couple or as married. Requiring a debate on every such addition or amendment would be unduly onerous. Accordingly, an order of this kind would be subject to the negative resolution procedure.
  Since recognition of foreign relationships is a devolved matter, I must add that the clause requires that any orders made must have the consent of the Scottish Ministers and the Department of Finance and Personnel in Northern Ireland. I hope that, with that explanation, the noble Lord will withdraw his amendment.
  I will take a moment to answer one or two of the points raised by the noble Lord, Lord Lester. He asked why Schedule 14 does not include all the relationships outlined in the consultation document. Tables 1 and 2 of the consultation document Civil Partnership provided information about a wide range of partnership schemes in other countries for comparative purposes. We do not feel that it is appropriate for all these relationships to be listed in Schedule 14 of the Bill. In some cases this is because the overseas relationship in question does not meet one or more of the general conditions in Clause 154 that I spoke about; for example, because it does not involve registration of the partnership.
  In other cases it was decided not to include a relationship in Schedule 14 until further research had been completed. Officials continue to gather information on relationships in other countries and territories in order to determine whether they should be added to the list contained in Schedule 14. There will be a continual need to update this list as new kinds of relationships come into effect in other countries. Clause 153 of the Bill allows for the Schedule to be amended by subordinate legislation. The noble Lord, Lord Lester, referred to the Massachusetts case. As noble Lords will know, Massachusetts was not originally included in Schedule 14 because the relevant ruling of the Massachusetts Supreme Court in the Goodridge case allowed the legislature 180 days to implement the ruling opening marriage to same-sex couples.
  Although it is the case that from today same-sex couples should be able to marry in Massachusetts, we know that legislators in the state are continuing, as the

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  noble Lord, Lord Lester, has said, to attempt to overturn the court's decision by seeking to amend the state constitution to outlaw gay marriage. But we will obviously continue to await further developments on that particular state.
  Finally, the noble Lord, Lord Lester, asked what criteria the Government would apply in deciding what to add to the list. The contents of Schedule 14 already provide a good indication of the kinds of relationships that might be added in future. These are all relationships that meet those general conditions. They are the key to the criteria—the general conditions set out in Clause 154—in that they all involve exclusive same-sex relationships that are registered, are of indeterminate duration and result in the parties being treated as a couple or as married. I hope that has answered the questions.
  4.30 p.m.
  Lord Henley: I am grateful to the noble Baroness for that reply. I wish to make clear that I was not demanding primary legislation to make amendments to Schedule 14. That would be ridiculous. What I was intrigued by was why subsection (2)(a) would be dealt with by negative order and paragraphs (b) and (c) by affirmative orders.
  Having said that I am not demanding primary legislation, I am also not pushing for affirmative regulations where they are inappropriate. Particularly those of us who have been Ministers know that Ministers often concede an affirmative order where originally a negative order has been proposed, because it often makes a nice little concession during the course of the passage of a Bill. As a result we often have slightly too many affirmative orders coming before the House. For example, a few years ago I remember a whole string of "paralytic shellfish" orders. I am sure that they were all the result of some hapless Minister—it cannot have been me, because I was never in that department—conceding some affirmative orders, just to make a problem go away. I am not seeking affirmative regulations just for the sake of it, but that procedure has been offered for subsections (2)(b) and (c) and not for paragraph (a).
  Obviously, it cannot be purely a question of the time needed to deal with these matters and the speed with which they can be processed, because, as the Minister made clear in Clause 153(3), consultations will take place with the Scotland Office and the Department of Finance and Personnel, which I take to relate to Northern Ireland. Therefore, matters cannot move ahead that quickly. Those consultations would take place, whether the matter relates to paragraphs (a), (b) or (c).
  Is it correct that the reason why it is proposed to leave paragraph (a) subject to negative resolution and paragraphs (b) and (c) affirmative, is that paragraph (a) simply relates to adding another country? So, if one looks at Schedule 14, at the bottom of that list, one could at some point add "United States of America: Massachusetts"—although I am not clear exactly when that state would need to be added as we know
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  that something has happened today, but, given the comments of the noble Lord, Lord Lester, further matters have to be dealt with by the Massachusetts legislature. One could go on adding countries to the list, as and when appropriate, simply by means of negative orders that would have to lie before the House for a number of days. However, paragraphs (b) and (c), which amend a description or omit a relationship, would still need affirmative regulations. I hope that the Minister can deal with that—I might then be in a position to withdraw the amendment.
  Lord Lester of Herne Hill: Before the noble Lord seeks to withdraw his amendment I should like to raise one or two points. First, I am satisfied by the Minister's explanation of the reasons for differentiating between the affirmative procedure and the negative procedure. That seems to be a coherent distinction.
  I wonder whether I could ask the Minister to take the Massachusetts example to serve for all, because I am troubled by a kind of analogy. Some years ago, I introduced a Bill into the House because, under the Jewish religion, there was a curiosity about Orthodox marriages and Orthodox divorces that led to the so-called "chained wives" problem. According to one interpretation of the Book of Deuteronomy, unless there was writing by both, the unfortunate Jewish wife could not obtain a divorce. Luckily, the noble and learned Lord, Lord Mackay of Clashfern, and then the present Government came to the rescue, and we managed to free them. That was an example of a limping marriage. Here I am worried about an example of a limping non-recognition situation arising. Let me explain exactly what I mean.
  Anyone of the same sex who "marries" today in Massachusetts has a valid marriage under Massachusetts law unless and until that is altered by the Massachusetts legislature by amendment to the constitution. As I understand it, that amendment cannot take place anyway, even if there were enough support for it, for two years. Let us assume that this Bill is enacted and brought into force in less than two years from now, which I would anticipate is the position. Let us assume that a couple have been "married" validly under the law of Massachusetts at the time this Bill comes into force but that the Massachusetts legislature is taking steps which may turn it into a civil partnership, or lawyers are brought in and horrible constitutional challenges are made on one side or the other which could go on for years and years. Meanwhile, the couple who have "married" want to come to this country and want to know whether they will be recognised if and when they come.
  I take it that the fact that "marrying" would not be a disqualification under this provision or the schedule. In other words, I take it that there will not be a problem about labelling and the fact that it is called marriage, not a civil partnership or civil union. That seems to follow from what the Minister has said. It cannot make any difference to the substance of the matter. That is quite important.

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  Secondly, I hope that there could be reassurance that when ministerial discretion is exercised by subordinate legislation to add, let us say, the Massachusetts relationship, Ministers will not be deterred by the prospect of some future change in Massachusetts law that attempts to be retrospective, or some future litigation which could, hypothetically, last for 10 years. Meanwhile, this ageing couple—gay or lesbian partners—are left in limbo while Ministers are deferring a decision. That is what I meant when I said that the general approach to the matter is important.
  I quite agree that one has to have this power, and it is a beneficent power. However, I suggest that it needs to be used and not deferred indefinitely in such a situation, as a matter of simple humanity for the couple. It may be that that long question cannot be answered today, but I think that it is very important and will need to be answered during the passage of the Bill.
  Lord Alli: The Minister seemed to suggest to the noble Lord, Lord Henley, that with regard to the Massachusetts case, whether or not they were added to the schedule was dependent on an assessment by Ministers about whether those marriages would remain legal after the action taken by the legislative body. I agree with the noble Lord, Lord Lester, that that would be an unfortunate consequence; if such marriages are currently legal, I assume that we would recognise them as such. If they were deemed illegal or if the status were changed, we would then re-examine them at the point at which the status was changed as opposed to making an assessment of the outcome of the deliberations of a court or another sovereign body.
  Baroness Crawley: I shall first deal with the questions put by the noble Lord, Lord Lester. If Massachusetts is not listed right now, for whatever reason—it could well be because of the complexity of the way in which the law is being studied by the legislature in that state and because of the outcome of any federal moves—that does not necessarily prevent a couple being recognised because one then looks at the general conditions and compares them with the Massachusetts situation. Not being in Schedule 14 does not prevent a couple in a recognised partnership seeking to have their partnership recognised under the general conditions of Clause 154.
  Lord Alli: I am confused because the noble Baroness qualified the first part of her answer by saying "for whatever reason" and giving as examples where there may be legal difficulties or where legal actions are taking place. Where my confusion lies is that I assume that if something is legal, as gay marriage is in Massachusetts from today, until it becomes illegal it should be treated as something that meets the criteria and should go in the list. I would assume that if it is
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  challenged one would have to wait until the outcome of the challenge before Ministers could reassess, rather than forecasting the result of a challenge.
  Lord Henley: Before the noble Baroness answers that question, I will add to the question that the noble Lord, Lord Alli, has been asking as I have got rather confused. I will use Massachusetts as an example, as it is in the news. If Ministers chose to add Massachusetts to the list, they will do that quite simply by the negative procedure. But if, in due course, Massachusetts is taken out of the list by the state itself, do Ministers then have to come back to Parliament and use the affirmative procedure to omit under subsection 2(c)?
  Baroness Crawley: Yes.
  Lord Lester of Herne Hill: I think that the Minister was telling us that it is not crucial to fall within the specified relationship because of the general conditions. But I could be completely wrong. Clause 152 states:
  "an overseas relationship is a relationship which … (a) is either a specified relationship or a relationship which meets the general conditions",
  so I agree that it can be one or the other. But then it says:
  "(b) is registered (whether before or after the passing of this Act) in a country or territory outside the United Kingdom, by two people … who under the relevant law are of the same sex at the time when they do so, and … neither of whom is already a civil partner or lawfully married".
  As I read that, one is eligible either if one falls with a country or territory that has been specified, or if one falls within the general conditions where the country has not been specified but one has to have been registered in a country or territory outside the United Kingdom at the relevant time. So the real question, to take the Massachusetts example, is whether the Government understand the reference in Clause 152(1)(b) to:
  "is registered … in a country or territory outside the United Kingdom",
  as applying to a gay or lesbian couple who register their marriage today in Massachusetts. If the answer to that is yes and that provided that they satisfy the general conditions they will be recognised, it matters a little less whether a country is in the list as it simply concerns a matter of simplicity. I would be very grateful for clarity on that.
  Baroness Crawley: As we are talking about events that have happened today, obviously we are moving along cautiously. If the partnership is legal in Massachusetts, it is recognised as a civil partnership here if it meets the general conditions in Clause 154. I hope that that makes it clearer.
  4.45 p.m.
  Lord Lester of Herne Hill: So it would not matter if President Bush—if he is re-elected—seeks an amendment to the federal constitution that would retrospectively seek to avoid all of that, and so forth?
  Baroness Crawley: I understand that that is correct.
  Lord Cameron of Lochbroom: Perhaps that could be clarified. I am slightly disturbed by the terms of Clause 154; it states that the general conditions are that, "under the relevant law", all the particulars that follow have to be part of the law. It may be that in a particular jurisdiction, the general conditions are contained within the law but extend further. Can one make an exception by simply saying that the particular relationship would meet the general conditions? Or is the Minister saying that the relevant law has to contain all the conditions under Clause 154?
  Clause 152 seems to he the sense of how this is dealt with. It is either a specified relationship as Parliament has said, which we recognise, or it is a relevant law in which the relationship that is to be accorded the right to be registered in that jurisdiction meets the general conditions as set out in Clause 154.
  I appreciate what the noble Lord, Lord Lester, said. He is referring to individual partners who may, within their own particular conditions, meet what is set out in Clause 154. But that does not appear to be enough as regards Clause 152. It requires that the registering jurisdiction has to be law, which simply complies with Clause 154. That is how I read it, but I may be wrong. I should be grateful if the Minister could express a view on that.
  Baroness Crawley: I have advice that the noble Lord's interpretation is correct. No doubt, we shall all read Hansard tomorrow.
  Lord Lester of Herne Hill: In that case, I do not know what that really means in practice. It seems that it is more complicated. When the Bill becomes law, if "the relevant law", which is Massachusetts law, recognises that the couple have the capacity to enter into the relationship and at that date meet all the necessary requirements to ensure the formal validity of the relationship, on referring back to Clause 152(1 )(b)(i)—which states that two people,
  "under the relevant law are of the same sex at the time when they do so, and
  (ii) neither of whom is already a civil partner or lawfully married—
  the reference to "relevant law" does not seem to add any significant problem. The answers already given by the Minister will continue to apply. Any future change in the relevant law of a retrospective kind, whether by legislation or judicial interpretation, will not defeat the effect of the registration of the "marriage". I hope that that also meets with the agreement of officials.
  Baroness Crawley: They are looking slightly dazed. Perhaps I could reply to the noble Lord in writing to clear up that point.
  GC 264
  The noble Lord, Lord Henley, asked why we should not use the affirmative procedure in all cases. As a former member of the usual channels, the noble Lord will know that the business of the House would become extremely jammed and clogged up if, as we expect, we would need to use this provision on many occasions as the law develops rapidly around the world. We consider that it would be unduly onerous on the House to have to use that procedure in each case. For the noble Lord's information I add that the Delegated Powers and Regulatory Reform Committee did not raise any concerns about the level of parliamentary approval proposed.
  Lord Henley: I am grateful to the noble Baroness for those remarks. I am also grateful to the noble and learned Lord, Lord Cameron of Lochbroom, for his intervention which seemed not to bring the appropriate clarity but to bring even greater confusion, particularly to the noble Lord, Lord Lester. I start by asking the noble Baroness whether she will copy both myself and the noble and learned Lord into the correspondence she intends to have with the noble Lord, Lord Lester, so that we can achieve the same clarity as she is offering to the noble Lord.
  As I said earlier, I am not in the business of trying to get affirmative regulations for the sake of affirmative regulations. The noble Baroness said that I was a former member of the usual channels. Even before I was a member of the usual channels, I believe that I was warned by members of the usual channels, particularly by the noble Lord, Lord Denham, who was a member of the usual channels for many years, that possibly one of the worst arguments ever to put before the opposition in terms of trying to persuade them not to have affirmative regulations was to suggest that it would clog up the business. I suggest that if I return to the matter at a later stage the noble Baroness will come up with a slightly better argument than merely clogging up the business.
  I myself said earlier on that I did not want to clog up the business and that was why I mentioned paralytic shellfish orders. I hope that the noble Baroness will give slightly greater thought to the matter, but with that for the moment I beg leave to withdraw the amendment.
  Amendment, by leave, withdrawn.
  Clause 153 agreed to.
  Baroness Crawley Baroness Crawley moved Amendments Nos. 63A to 63F:
  Before Schedule 14, insert the following new schedule—
  WILLS, ADMINISTRATION OF ESTATES AND FAMILY PROVISION: NORTHERN IRELAND

  PART 1

    WILLS
    1 Amend the Wills and Administration Proceedings (Northern Ireland) Order 1994 (S.I. 1994/1899 (N.I. 13)) as follows.
    2 In Article 4(1) (will made by person under 18 invalid unless he is or has been married), for "married" substitute '"a spouse or civil partner".
    3 In Article 8(1) and (3) (avoidance of gifts to attesting witnesses and their spouses), after "spouse" (in each place) insert "or civil partner".
    4 In Article 9 (witnessing by creditor), after "spouse", insert "or civil partner".
    5 After Article 13 insert—
    "13A EFFECT OF CIVIL PARTNERSHIP
    (1) Subject to paragraphs (2) to (6), a will is revoked by the formation of a civil partnership between the testator and another person.
    (2) A disposition in a will in exercise of a power of appointment takes effect despite the formation of a subsequent civil partnership between the testator and another person unless the property so appointed would in default of appointment pass to the testator's personal representatives.
    (3) If it appears from a will—

    (a) that at the time it was made the testator was expecting to form a civil partnership with a particular person, and

    (b) that he intended that the will should not be revoked by the formation of the civil partnership,

    the will is not revoked by its formation.
    (4) Paragraphs (5) and (6) apply if it appears from a will—

    (a) that at the time it was made the testator was expecting to form a civil partnership with a particular person, and

    (b) that he intended that a gift in the will should not be revoked by the formation of the civil partnership.

    (5) The gift takes effect despite the formation of the civil partnership.
    (6) Any other gift in the will also takes effect, unless it appears from the will that the testator intended the gift to be revoked by the formation of the civil partnership.
    13B EFFECT OF DISSOLUTION OR ANNULMENT OF CIVIL PARTNERSHIP
    (1) This Article applies if, after a testator has made a will—

    (a) a court of civil jurisdiction in Northern Ireland dissolves his civil partnership or makes a nullity order in respect of it, or

    (b) his civil partnership is dissolved or annulled and the dissolution or annulment is entitled to recognition in Northern Ireland under Chapter 3 of Part 5 of the Civil Partnership Act 2004.

    (2) Subject to any contrary intention appearing from the will—

    (a) provisions of the will appointing executors or trustees or conferring a power of appointment, if they appoint or confer the power on the former civil partner, take effect as if the former civil partner had died on the date on which the civil partnership is dissolved or annulled, and

    (b) except as provided in paragraph (3), any property comprising or included in a gift to the former civil partner passes as if the former civil partner had died on that date.

    (3) Where property comprising or included in a gift to the former civil partner is a share of residue, the will takes effect as if the gift of the residue were to the other person or persons entitled to it (and, if more than one, in such shares as to preserve the ratio of their former shares), to the exclusion of the former civil partner.
    (4) Paragraph (2)(b) does not affect any right of the former civil partner to apply for financial provision under the Inheritance (Provision for Family and Dependants (Northern Ireland) Order 1979 (S.I. 1979/924 (N.I. 8))."
    6 In Article 14 (revocation), in paragraph (1)(a), after "Article 12 (marriage)" insert "or Article 13A (civil partnership)".
    7 (1) Amend Article 23 (presumption as to effect of gift to spouses) as follows.
    (2) After "spouse" (in each place) insert "or civil partner".
    (3) In the heading to Article 23, after "spouses" insert "or civil partners".
    8 In Article 27(3) (construction and effect of references to failure of issue), after "married" insert "or formed a civil partnership".

  PART 2
    ADMINISTRATION OF ESTATES AND FAMILY PROVISION

      Administration of Estates Act (Northern Ireland) 1955 (c. 24 ( N.I.))
      9 (1) Amend section 6A (spouse dying within 28 days of intestate) as follows.
      (2) After "spouse" (in each place) insert "or civil partner".
      (3) In the sidenote to section 6A, after "Spouse" insert "or civil partner".
      10 (1) Amend section 7 (rights of surviving spouse) as follows.
      (2) After "spouse" (in each place) insert "or civil partner".
      (3) In subsection (7), after "husband" insert ", or of section (Effect of separation order) of the Civil Partnership Act 2004".
      (4) In the sidenote to section 7, after "spouse" insert "or civil partner".
      11 In section 8 (rights of issue), after "spouse" insert "or civil partner".
      12 In section 9 (rights of parents), after "spouse" insert "or civil partner".
      13 In section 10 (rights of brothers and sisters and their issue), after "spouse" (in both places) insert "or civil partner".
      14 In section 11 (rights of next-of-kin), in subsection (1) after "neither spouse" insert "nor civil partner".
      15 In section 38 (power to appoint trustees of infant's property), in subsection (5) after "marries" insert ", or forms a civil partnership,".

      Inheritance (Provision for Family and Dependants) (Northern Ireland) Order 1979 (S.I. 1979/924 ( N.I. 8))
      16 (1) Amend Article 2 (interpretation) as follows.
      (2) In paragraph (2), after the definition of "child" insert—
      ""civil partnership proceedings county court" has the same meaning as in the Civil Partnership Act 2004;".
      (3) In that paragraph, in the definition of "former wife" and "former husband", for ""former wife" or "former husband"" substitute ""former spouse"".
      (4) In that paragraph, before that definition insert—
      ""former civil partner" means a person whose civil partnership with the deceased was during the lifetime of the deceased either—

      (a) dissolved or annulled by an order made under the law of any part of the United Kingdom or the Channel Islands or the Isle of Man, or

      (b) dissolved or annulled in any country or territory outside the United Kingdom, the Channel Islands and the Isle of Man by a dissolution or annulment which is entitled to be recognised as valid by the law of Northern Ireland;".

      (5) In that paragraph, in the definition of "reasonable financial provision", after paragraph (a) insert—
      "(aa) in the case of an application made by virtue of Article 3(1)(a) by the civil partner of the deceased (except where, at the date of death, a separation order under Chapter 2 of Part 4 of the Civil Partnership Act 2004 was in force in relation to the civil partnership and the separation was continuing), means such financial provision as it would be reasonable in all the circumstances of the case for a civil partner to receive, whether or not that provision is required for his or her maintenance;".
      (6) In paragraph (5)—

      (a) before "wife" insert "spouse,", and

      (b) in sub-paragraph (b), for "entered into a later marriage" substitute "formed a subsequent marriage or civil partnership".

      (7) For paragraph (6) substitute—
      "(5A) For the purposes of this Order any reference to a civil partner shall be treated as including a reference to a person who in good faith formed a void civil partnership with the deceased unless either—

      (a) the civil partnership between the deceased and that person was dissolved or annulled during the lifetime of the deceased and the dissolution or annulment is recognised by the law of Northern Ireland, or

      (b) that person has during the lifetime of the deceased formed a subsequent civil partnership or marriage.

      (6) Any reference in this Order to the formation of, or to a person who has formed, a subsequent marriage or civil partnership includes (as the case may be) a reference to the formation of, or to a person who has formed, a marriage or civil partnership which is by law void or voidable.
      (6A) The formation of a marriage or civil partnership shall be treated for the purposes of this Order as the formation of a subsequent marriage or civil partnership, in relation to either of the spouses or civil partners, notwithstanding that the previous marriage or civil partnership of that spouse or civil partner was void or voidable."
      17 (1) Amend Article 3 (application for financial provision from deceased person's estate) as follows.
      (2) For paragraph (1)(a) and (b) (application may be made by spouse or by former spouse who has not remarried) substitute—
      "(a) the spouse or civil partner of the deceased;

      (b) a former spouse or former civil partner of the deceased, but not one who has formed a subsequent marriage or civil partnership;".

      (3) In paragraph (1)(d) (application may be made by child of the family), after "marriage" (in each place) insert "or civil partnership".
      18 In Article 4(1) (orders which may be made on an application), after sub-paragraph (f) insert—
      "(g) an order varying any settlement made—

      (i) during the subsistence of a civil partnership formed by the deceased, or

      (ii) in anticipation of the formation of a civil partnership by the deceased,

      on the civil partners (including such a settlement made by will), the variation being for the benefit of the surviving civil partner, or any child of both the civil partners, or any person who was treated by the deceased as a child of the family in relation to that civil partnership."
      19 (1) Amend Article 5(2) (application by spouse or former spouse: matters to which court is to have regard) as follows.
      (2) For the words from the beginning to "or (b)" substitute—
      "This paragraph applies, without prejudice to the generality of sub-paragraph (g) of paragraph (1), where an application for an order under Article 4 is made by virtue of Article 3(1)(a) or (b)."
      (3) The words from "the court shall, in addition" to the end of sub-paragraph (b) shall become a second sentence of the paragraph and, in sub-paragraph (a) of the sentence so formed, after "duration of the marriage" insert "or civil partnership".
      (4) The words from "in the case of an application by the wife or husband" to the end shall become a third sentence of the paragraph, omitting the immediately preceding "and"
      (5)At the end insert the following sentence—
      "In the case of an application by the civil partner of the deceased, the court shall also, unless at the date of the death a separation order under Chapter 2 of Part 4 of the Civil Partnership Act 2004 was in force and the separation was continuing, have regard to the provision which the applicant might reasonably have expected to receive if on the day on which the deceased died the civil partnership, instead of being terminated by death, had been terminated by a dissolution order."
      20 (1) In Article 8(3) and (10) (variation etc. of orders which cease on occurrence of specified event other than remarriage of former spouse), for "(other than the remarriage of a former wife or former husband)" substitute "(other than the formation of a subsequent marriage or civil partnership by a former spouse or former civil partner)".
      (2) In Article 8(9), for "or (f)" substitute "(f) or (g)".
      21 After Article 16 insert—
      "16A PROVISION AS TO CASES WHERE NO FINANCIAL RELIEF WAS GRANTED IN PROCEEDINGS FOR THE DISSOLUTION ETC. OF A CIVIL PARTNERSHIP
      (1) Paragraph (2) applies where—

      (a) a dissolution order, nullity order, separation order or presumption of death order has been made under Chapter 2 of Part 4 of the Civil Partnership Act 2004 in relation to a civil partnership,

      (b) one of the civil partners dies within twelve months from the date on which the order is made, and

      (c) either—

      (i) an application for a financial provision order under Part 1 of Schedule (Financial relief in the High Court or a county court etc.: Northern Ireland) to that Act or a property adjustment order under Part 2 of that Schedule has not been made by the other civil partner, or

      (ii) such an application has been made but the proceedings on the application have not been determined at the time of the death of the deceased.

      (2) If an application for an order under Article 4 is made by the surviving civil partner, the court shall, notwithstanding anything in Article 3 or 5, have power, if it thinks it just to do so, to treat the surviving civil partner as if the order mentioned in paragraph (1)(a) had not been made.
      (3) This Article shall not apply in relation to a separation order unless at the date of the death of the deceased the separation order was in force and the separation was continuing."
      22 After Article 17 insert—
      "17ZA RESTRICTION IMPOSED IN PROCEEDINGS FOR THE DISSOLUTION ETC. OF A CIVIL PARTNERSHIP ON APPLICATION UNDER THIS ORDER
      (1) On making a dissolution order, nullity order, separation order or presumption of death order under Chapter 2 of Part 4 of the Civil Partnership Act 2004, or at any time after making such an order, the High Court or a civil partnership proceedings county court, if it considers it just to do so, may, on the application of either of the civil partners, order that the other civil partner shall not on the death of the applicant be entitled to apply for an order under Article 4.
      (2) In the case of a dissolution order, nullity order or presumption of death order ("the main order") an order may be made under paragraph (1) before (as well as after) the main order is made final, but if made before the main order is made final it shall not take effect unless the main order is made final.
      (3) Where an order under paragraph (1) made in connection with a dissolution order, nullity order or presumption of death order has come into force with respect to a civil partner, then, on

      GC 269
      the death of the other civil partner, the court shall not entertain any application for an order under Article 4 made by the surviving civil partner.
      (4) Where an order under paragraph (1) made in connection with a separation order has come into force with respect to a civil partner, then, if the other civil partner dies while the separation order is in force and the separation is continuing, the court shall not entertain any application for an order under Article 4 made by the surviving civil partner."
      23 After Article 17A insert—
      "17B RESTRICTION IMPOSED IN PROCEEDINGS UNDER SCHEDULE (FINANCIAL RELIEF IN NORTHERN IRELAND AFTER OVERSEAS DISSOLUTION ETC. OF A CIVIL PARTNERSHIP) TO THE CIVIL PARTNERSHIP ACT 2004 ON APPLICATION UNDER THIS ORDER
      (1) On making an order under paragraph 9 of Schedule (Financial relief in Northern Ireland after overseas dissolution etc. of a civil partnership) to the Civil Partnership Act 2004 (orders for financial provision, property adjustment and pension-sharing following overseas dissolution etc. of civil partnership) the High Court, if it considers it just to do so, may, on the application of either of the civil partners, order that the other civil partner shall not on the death of the applicant be entitled to apply for an order under Article 4.
      (2) Where an order under paragraph (1) has been made with respect to one of the civil partners in a case where a civil partnership has been dissolved or annulled, then, on the death of the other civil partner, the court shall not entertain an application under Article 4 made by the surviving civil partner.
      (3) Where an order under paragraph (1) has been made with respect to one of the civil partners in a case where civil partners have been legally separated, then, if the other civil partner dies while the legal separation is in force, the court shall not entertain an application under Article 4 made by the surviving civil partner."
      24 In Article 18(1) (power to vary secured periodical payments orders)—

      (a) after "Matrimonial Causes (Northern Ireland) Order 1978" insert "or Schedule (Financial relief in the High Court or a county court etc.: Northern Ireland) to the Civil Partnership Act 2004", and

      (b) after "that Order" insert "or Part 9 of that Schedule".

      25 In Article 19(4) (meaning of "maintenance agreement")—

      (a) for "entered into a marriage" substitute "formed a marriage or civil partnership",

      (b) after "of the parties to that marriage" insert "or of the civil partners", and

      (c) after "marriage" (in the third and fourth places) insert "or civil partnership".

      26 After Article 20 insert—
      "20A AVAILABILITY OF COURT'S POWERS UNDER THIS ORDER IN APPLICATIONS UNDER PARAGRAPHS 45 AND 48 OF SCHEDULE (FINANCIAL RELIEF IN THE HIGH COURT OR A COUNTY COURT ETC.: NORTHERN IRELAND) TO THE CIVIL PARTNERSHIP ACT 2004
      (1) Where—

      (a) a person against whom a secured periodical payments order was made under Schedule (Financial relief in the High Court or a county court etc.: Northern Ireland) to the Civil Partnership Act 2004 has died and an application is made under paragraph 45 of that Schedule for the variation or discharge of that order or for the revival of the operation of any suspended provision of the order, or

      (b) a party to a maintenance agreement within the meaning of Part 11 of that Schedule has died, the agreement being one which provides for the continuation of payments under the agreement after the death of one of the parties,
      GC 270
      and an application is made under paragraph 58 of that Schedule for the alteration of the agreement under paragraph 54 of that Schedule,

      the court to which the application is made under paragraph 45 or 58 shall have power to direct that the application shall be deemed to have been accompanied by an application for an order under Article 4.
      (2) Where the court to which an application is made under paragraph 45 or 58 gives a direction under paragraph (1), that court shall have power—

      (a) to make any order which the court would have had power to make under the provisions of this Order if the application under paragraph 45 or 58 had been made jointly with an application for an order under Article 4; and

      (b) to give such consequential directions as may be necessary for enabling it to exercise any of the powers available to it under this Order in the case of an application for an order under Article 4.

      (3) Where an order made under Article 17ZA(1) is in force with respect to a civil partner, a direction shall not be given under paragraph (1) with respect to any application made under paragraph 45 or 58 by that civil partner on the death of the other civil partner."
      27 (1) Amend Article 21 (effect, duration and form of orders) as follows.
      (2) In paragraph (2)(a), for "former husband or former wife" substitute "former spouse or former civil partner".
      (3) In paragraph (2), after sub-paragraph (b) insert "or
      "(c) an applicant who was the civil partner of the deceased in a case where, at the date of death, a separation order under Chapter 2 of Part 4 of the Civil Partnership Act 2004 was in force in relation to their civil partnership and the separation was continuing,".
      (4) In that paragraph, in the words after sub-paragraph (b), for "on the remarriage of the applicant" onwards substitute "on the formation by the applicant of a subsequent marriage or civil partnership, except in relation to any arrears due under the order on the date of the formation of the subsequent marriage or civil partnership.""
      Before Schedule 14, insert the following new schedule—
      FINANCIAL RELIEF IN THE HIGH COURT OR A COUNTY COURT ETC.: NORTHERN IRELAND

  PART 1
    FINANCIAL PROVISION IN CONNECTION WITH DISSOLUTION, NULLITY OR SEPARATION

      Circumstances in which orders under this Part may be made
      1(1) The court may make any one or more of the orders set out in paragraph 2(1)—

      (a) on making a dissolution, nullity or separation order, or

      (b) at any time afterwards.

      (2) The court may make any one or more of the orders set out in paragraph 2(1)(d), (e) and (f)—

      (a) in proceedings for a dissolution, nullity or separation order, before making the order;

      (b) if proceedings for a dissolution, nullity or separation order are dismissed after the beginning of the trial, either straightaway or within a reasonable period after the dismissal.

      (3) The power of the court to make an order under subparagraph (1) or (2)(a) in favour of a child of the family is exercisable from time to time.
      (4) If the court makes an order in favour of a child under subparagraph (2)(b), it may from time to time make a further order in the child's favour of any of the kinds set out in paragraph 2(1)(d), (e) or (f).
      (5) If the court makes an order under sub-paragraph (1), (2) or (4), it may give such consequential directions as it thinks fit for giving effect to the order (including directions requiring the disposal of any property).

      The orders: periodical and secured periodical payments and lump sums
      2 (1) The orders are—

      (a) an order that either civil partner must make to the other such periodical payments for such term as may be specified;

      (b) an order that either civil partner must secure to the other, to the satisfaction of the court, such periodical payments for such term as may be specified;

      (c) an order that either civil partner must pay to the other such lump sum or sums as may be specified;

      (d) an order that one of the civil partners must make—

      (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, such periodical payments for such term as may be specified;

      (e) an order that one of the civil partners must secure—

      (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,

      (2) "Specified" means specified in the order.

      Particular provision that may be made by lump sum orders
      3 (1) An order under this Part requiring one civil partner to pay the other a lump sum may be made for the purpose of enabling the other civil partner to meet any liabilities or expenses reasonably incurred by the other in maintaining—

      (a) himself or herself, or

      (b) a child of the family,

      before making an application for an order under this Part in his or her favour.
      (2) An order under this Part requiring a lump sum to be paid to or for the benefit of a child of the family may be made for the purpose of enabling any liabilities or expenses reasonably incurred by or for the benefit of the child before making an application for an order under this Part to be met.
      (3) An order under this Part for the payment of a lump sum may—

      (a) provide for its payment by instalments of such amount as may be specified, and

      (b) require the payment of the instalments to be secured to the satisfaction of the court.

      (4) Sub-paragraphs (1) to (3) do not restrict the powers to make the orders set out in paragraph 2(1)(c) and (1).
      (5) If the court—

      (a) makes an order under this Part for the payment of a lump sum, and

      (b) directs that—

      (i) payment of the sum or any part of it is to be deferred, or

      (ii) the sum or any part of it is to be paid by instalments, it may provide for the deferred amount or the instalments to carry interest at such rate as may be specified from such date as may be specified until the date when payment of it is due

      (6) A date specified under sub-paragraph (5) must not be earlier than the date of the order.
      (7) "Specified" means specified in the order.

      When orders under this Part may take effect
      4 (1) If an order is made under paragraph 2(1)(a), (b) or (c) on or after making a dissolution or nullity order, neither the order nor any settlement made in pursuance of it takes effect unless the dissolution or nullity order has been made final.
      (2) This paragraph does not affect the power of the court to give a direction under paragraph 63 (settlement of instrument by conveyancing counsel).

      Restrictions on making of orders under this Part
      5 The power to make an order under paragraph 2(1)(d), (e) or (f) is subject to paragraph 36(1) and (5) (restrictions on orders in favour of children who have reached 18).
  PART 2
    PROPERTY ADJUSTMENT ON OR AFTER DISSOLUTION, NULLITY OR SEPARATION

      Circumstances in which property adjustment orders may be made
      6 (1) The court may make one or more property adjustment orders—

      (a) on making a dissolution, nullity or separation order, or

      (b) at any time afterwards.

      (2) In this Schedule "property adjustment order" means a property adjustment order under this Part.

      Property adjustment orders
      7 (1) The property adjustment orders are—

      (a) an order that one of the civil partners must transfer such property as may be specified, being property to which he is entitled—

      (i) to the other civil partner,

      (ii) to a child of the family, or

      (iii) to such person as may be specified for the benefit of a child of the family;

      (b) an order that a settlement of such property as may be specified, being property to which one of the civil partners is entitled, be made to the satisfaction of the court for the benefit of—

      (i) the other civil partner and the children of the family, or

      (ii) either or any of them;

      (c) an order varying for the benefit of—

      (i) the civil partners and the children of the family, or

      (ii) either or any of them, a relevant settlement;

      (d) an order extinguishing or reducing the interest of either of the civil partners under a relevant settlement.

      (2) The court may make a property adjustment order under sub-paragraph (1)(c) even though there are no children of the family.
      (3) If the court makes a property adjustment order, it may give such consequential directions as it thinks fit for giving effect to the order (including directions requiring the making of any payments or the disposal of any property).
      (4) In this paragraph—
      "entitled" means entitled in possession or reversion,
      "relevant settlement" means, in relation to a civil partnership, a settlement made, during its subsistence or in anticipation of its formation, on the civil partners including one made by will or codicil, but not including one in the form of a pension arrangement (within the meaning of Part 3), and
      "specified" means specified in the order.

      When property adjustment orders may take effect
      8 (1) If a property adjustment order is made on or after making a dissolution or nullity order, neither the property adjustment order nor any settlement made under it takes effect unless the dissolution or nullity order has been made final.
      (2) This paragraph does not affect the power to give a direction under paragraph 63 (settlement of instrument by conveyancing counsel).

      Restrictions on making property adjustment orders
      9 The power to make a property adjustment order under paragraph 7(1)(a) is subject to paragraph 36(1) and (5) (restrictions on making orders in favour of children who have reached 18).
  PART 3
    PENSION SHARING ORDERS ON OR AFTER DISSOLUTION OR NULLITY ORDER

      Circumstances in which pension sharing orders may be made
      10 (1) The court may make a pension sharing order—

      (a) on making a dissolution or nullity order, or

      (b) at any time afterwards.

      (2) In this Schedule "pension sharing order" means a pension sharing order under this Part.

      Pension sharing orders
      11 (1) A pension sharing order is an order which—

      (a) provides that one civil partner's—

      (i) shareable rights under a specified pension arrangement, or

      (ii) shareable state scheme rights, are to be subject to pension sharing for the benefit of the other civil partner, and

      (b) specifies the percentage value to be transferred.

      (2) Shareable rights under a pension arrangement are rights in relation to which pension sharing is available under—

      (a) Chapter 1 of Part 5 of the Welfare Reform and Pensions (Northern Ireland) Order 1999 (S.I. 1999/3147 (N.I. 11)), or

      (b) Chapter 1 of Part 4 of the Welfare Reform and Pensions Act 1999 (c.30).

      (3) Shareable state scheme rights are rights in relation to which pension sharing is available under—

      (a) Chapter 2 of Part 5 of the 1999 Order, or

      (b) Chapter 2 of Part 4 of the 1999 Act.

      (4) In this Part "pension arrangement" means—

      (a) an occupational pension scheme,

      (b) a personal pension scheme,

      (c) a retirement annuity contract,

      GC 274

      (d) an annuity or insurance policy purchased, or transferred, for the purpose of giving effect to rights under—

      (i) an occupational pension scheme, or

      (ii) a personal pension scheme, and

      (e) an annuity purchased, or entered into, for the purpose of discharging liability in respect of a pension credit under—

      (i) Article 26(1)(b) of the 1999 Order, or

      (ii) section 29(1)(b) of the 1999 Act.

      (5) In sub-paragraph (4)—
      "occupational pension scheme" has the same meaning as in the Pension Schemes (Northern Ireland) Act 1993 (c. 49);
      "personal pension scheme" has the same meaning as in the 1993 Act;
      "retirement annuity contract" means a contract or scheme approved under Chapter 3 of Part 14 of the Income and Corporation Taxes Act 1988 (c.1).

      Pension sharing orders: apportionment of charges
      12 If a pension sharing order relates to rights under a pension arrangement, the court may include in the order provision about the apportionment between the civil partners of any charge under—

      (a) Article 38 of the 1999 Order (charges in respect of pension sharing costs), or

      (b) section 41 of the 1999 Act.

      Restrictions on making of pension sharing orders
      13 (1) A pension sharing order may not be made in relation to a pension arrangement which—

      (a) is the subject of a pension sharing order in relation to the civil partnership, or

      (b) has been the subject of pension sharing between the civil partners.

      (2) A pension sharing order may not be made in relation to shareable state scheme rights if—

      (a) such rights are the subject of a pension sharing order in relation to the civil partnership, or

      (b) such rights have been the subject of pension sharing between the civil partners.

      (3) A pension sharing order may not be made in relation to the rights of a person under a pension arrangement if there is in force a requirement imposed by virtue of Part 5 which relates to benefits or future benefits to which that person is entitled under the pension arrangement.

      When pension sharing orders may take effect
      14 (1) A pension sharing order is not to take effect unless the dissolution or nullity order on or after which it is made has been made final.
      (2) No pension sharing order may be made so as to take effect before the end of such period after the making of the order as may be prescribed by regulations made by the Lord Chancellor.
      (3) The power to make regulations under sub-paragraph (2) is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).
      (4) Regulations under sub-paragraph (2) are subject to annulment in pursuance of a resolution of either House of Parliament in the same manner as a statutory instrument; and section 5 of the Statutory Instruments Act 1946 (c. 36) applies accordingly.

  PART 4
    MATTERS TO WHICH COURT IS TO HAVE REGARD UNDER PARTS 1 TO 3

      General
      15 The court in deciding—

      (a) whether to exercise its powers under—

      (i) Part 1 (financial provision on dissolution etc.),

      (ii) Part 2 (property adjustment orders), or

      (iii) any provision of Part 3 (pension sharing orders) other than paragraph 12 (apportionment of charges), and

      (b) if so, in what way, must have regard to all the circumstances of the case, giving first consideration to the welfare, while under 18, of any child of the family who has not reached 18.

      Particular matters to be taken into account when exercising powers in relation to civil partners
      16 (1) This paragraph applies to the exercise by the court in relation to a civil partner of its powers under—

      (a) Part 1 (financial provision on dissolution etc.) by virtue of paragraph 2(1)(a), (b) or (c),

      (b) Part 2 (property adjustment orders), or

      (c) Part 3 (pension sharing orders).

      (2) The court must in particular have regard to—

      (a) the income, earning capacity, property and other financial resources which each civil partner—

      (i) has, or

      (ii) is likely to have in the foreseeable future, including, in the case of earning capacity, any increase in that capacity which it would in the opinion of the court be reasonable to expect the civil partner to take steps to acquire;

      (b) the financial needs, obligations and responsibilities which each civil partner has or is likely to have in the foreseeable future;

      (c) the standard of living enjoyed by the family before the breakdown of the civil partnership;

      (d) the age of each civil partner and the duration of the civil partnership;

      (e) any physical or mental disability of either of the civil partners;

      (f) the contributions which each civil partner has made or is likely in the foreseeable future to make to the welfare of the family, including any contribution by looking after the home or caring for the family;

      (g) the conduct of each civil partner, if that conduct is such that it would in the opinion of the court be inequitable to disregard it;

      (h) in the case of proceedings for a dissolution or nullity order, the value to each civil partner of any benefit which, because of the dissolution or annulment of the civil partnership, that civil partner will lose the chance of acquiring.

      Particular matters to be taken into account when exercising powers in relation to children
      17 (1) This paragraph applies to the exercise by the court in relation to a child of the family of its powers under—

      (a) Part 1 (financial provision on dissolution etc.) by virtue of paragraph 2(1)(d), (e) or (f), or

      (b) Part 2 (property adjustment orders).

      (2) The court must in particular have regard to—

      (a) the financial needs of the child;

      (b) the income, earning capacity (if any), property and other financial resources of the child;

      (c) any physical or mental disability of the child;

      (d) the way in which the child was being and in which the civil partners expected the child to be educated or trained;

      (e) the considerations mentioned in relation to the civil partners in paragraph 16(2)(a), (b), (c) and (e).

      (3) In relation to the exercise of any of those powers against a civil partner ("A") in favour of a child of the family who is not A's child, the court must also have regard to—

      (a) whether A has assumed any responsibility for the child's maintenance,

      (b) if so, the extent to which, and the basis upon which, A assumed such responsibility and the length of time for which A discharged such responsibility;

      (c) whether in assuming and discharging such responsibility A did so knowing that the child was not A's child;
      (d) the liability of any other person to maintain the child.

      Terminating considerations
      18 (1) Sub-paragraphs (2) and (3) apply if, on or after the making of a dissolution or nullity order, the court decides to exercise its powers under—

      (a) Part 1 (financial provision on dissolution etc.) by virtue of paragraph 2(1)(a), (b) or (c),

      (b) Part 2 (property adjustment orders), or

      (c) Part 3 (pension sharing orders), in favour of one of the civil partners.

      (2) The court must consider whether it would be appropriate to exercise those powers in such a way that the financial obligations of each civil partner towards the other will be terminated as soon after the making of the dissolution or nullity order as the court considers just and reasonable.
      (3) If the court decides to make—

      (a) a periodical payments order, or

      (b) a secured periodical payments order,

      in favour of one of the civil partners ("A"), it must in particular consider whether it would be appropriate to require the payments to be made or secured only for such term as would in its opinion be sufficient to enable A to adjust without undue hardship to the termination of A's financial dependence on the other civil partner.
      (4) If—

      (a) on or after the making of a dissolution or nullity order, an application is made by one of the civil partners for a periodical payments or secured periodical payments order in that civil partner's favour, but

      (b) the court considers that no continuing obligation should be imposed on either civil partner to make or secure periodical payments in favour of the other, the court may dismiss the application with a direction that the applicant is not entitled to make any future application in relation to that civil partnership for an order under Part 1 by virtue of paragraph 2(1)(a) or (b).

  PART 5
    MAKING OF PART 1 ORDERS HAVING REGARD TO PENSION BENEFITS

      Pension benefits to be included in matters to which court is to have regard
      19 (1) The matters to which the court is to have regard under paragraph 16(2)(a) include any pension benefits under a pension arrangement or by way of pension which a civil partner has or is likely to have; and, accordingly, in relation to any pension benefits paragraph 16(2)(a)(ii) has effect as if "in the foreseeable future" were omitted.
      (2) The matters to which the court is to have regard under paragraph 16(2)(h) include any pension benefits which, because of the making of a dissolution or nullity order, a civil partner will lose the chance of acquiring.
      (3) "Pension benefits" means—

      (a) benefits under a pension arrangement, or

      (b) benefits by way of pension (whether under a pension arrangement or not).

      Provisions applying where pension benefits taken into account in decision to make Part I order
      20 (1) This paragraph applies if, having regard to any benefits under a pension arrangement, the court decides to make an order under Part 1.
      (2) To the extent to which the Part 1 order is made having regard to any benefits under a pension arrangement, it may require the person responsible for the pension arrangement, if at any time any payment in respect of any benefits under the arrangement becomes due to the civil partner with pension rights, to make a payment for the benefit of the other civil partner.
      (3) The Part 1 order must express the amount of any payment required to be made by virtue of sub-paragraph (2) as a percentage of the payment which becomes due to the civil partner with pension rights.
      (4) Any such payment by the person responsible for the arrangement—

      (a) discharges so much of his liability to the civil partner with pension rights as corresponds to the amount of the payment, and

      (b) is to be treated for all purposes as a payment made by the civil partner with pension rights in or towards the discharge of that civil partner's liability under the order.

      (5) If the civil partner with pension rights has a right of commutation under the arrangement, the Part 1 order may require that civil partner to exercise it to any extent.
      (6) This paragraph applies to any payment due in consequence of commutation in pursuance of the Part 1 order as it applies to other payments in respect of benefits under the arrangement.
      (7) The power conferred by sub-paragraph (5) may not be exercised for the purpose of commuting a benefit payable to the civil partner with pension rights to a benefit payable to the other civil partner.
      (8) The powers conferred by sub-paragraphs (2) and (5) may not be exercised in relation to a pension arrangement which—

      (a) is the subject of a pension sharing order in relation to the civil partnership, or

      (b) has been the subject of pension sharing between the civil partners.

      Pensions: lump sums
      21 (1) This paragraph applies if the benefits which the civil partner with pension rights has or is likely to have under a pension arrangement include any lump sum payable in respect of that civil partner's death.
      (2) The court's power under Part 1 to order a civil partner to pay a lump sum to the other civil partner includes the power to make by the order any of the provision in sub-paragraphs (3) to (5).
      (3) If the person responsible for the pension arrangement has power to determine the person to whom the sum, or any part of it, is to be paid, the court may require him to pay the whole or part of that sum, when it becomes due, to the other civil partner.
      (4) If the civil partner with pension rights has power to nominate the person to whom the sum, or any part of it, is to be paid, the court may require the civil partner with pension rights to nominate the other civil partner in respect of the whole or part of that sum.
      (5) In any other case, the court may require the person responsible for the pension arrangement in question to pay the whole or part of that sum, when it becomes due, for the benefit of the other civil partner instead of to the person to whom, apart from the order, it would be paid.
      (6) Any payment by the person responsible for the arrangement under an order made under Part 1 made by virtue of this paragraph discharges so much of his liability in respect of the civil partner with pension rights as corresponds to the amount of the payment.
      (7) The powers conferred by this paragraph may not be exercised in relation to a pension arrangement which—

      (a) is the subject of a pension sharing order in relation to the civil partnership, or

      (b) has been the subject of pension sharing between the civil partners.

      Pensions: supplementary
      22 If—

      (a) a Part 1 order made by virtue of paragraph 20 or 21 imposes any requirement on the person responsible for a pension arrangement ("the first arrangement"),

      (b) the civil partner with pension rights acquires rights under another pension arrangement ("the new arrangement") which are derived (directly or indirectly) from the whole of that civil partner's rights under the first arrangement, and

      (c) the person responsible for the new arrangement has been given notice in accordance with regulations made by the Lord Chancellor, the Part 1 order has effect as if it had been made instead in respect of the person responsible for the new arrangement.

      Regulations
      23 (1) The Lord Chancellor may by regulations—

      (a) make provision, in relation to any provision of paragraphs 20 or 21 which authorises the court making a Part 1 order to require the person responsible for a pension arrangement to make a payment for the benefit of the other civil partner, as to—

      (i) the person to whom, and

      (ii) the terms on which, the payment is to be made;

      (b) make provision, in relation to payment under a mistaken belief as to the continuation in force of a provision included by virtue of paragraph 20 or 21 in a Part 1 order, about the rights or liabilities of the payer, the payee or the person to whom the payment was due;

      (c) require notices to be given in respect of changes of circumstances relevant to Part 1 orders which include provision made by virtue of paragraphs 20 and 21;

      (d) make provision for the person responsible for a pension arrangement to be discharged in prescribed circumstances from a requirement imposed by virtue of paragraph 20 or 21;

      (e) make provision about calculation and verification in relation to the valuation of—

      (i) benefits under a pension arrangement, or

      (ii) shareable state scheme rights (within the meaning of paragraph 11(3)), for the purposes of the court's functions in connection with the exercise of any of its powers under this Schedule.

      (2) Regulations under sub-paragraph (1)(e) may include—

      (a) provision for calculation or verification in accordance with guidance from time to time prepared by a prescribed person, and

      (b) provision by reference to regulations under Article 27 or 46(4) of the Welfare Reform and Pensions (Northern Ireland) Order 1999 (S.I. 1999/3147 (N.I. 11)).

      (3) Regulations under sub-paragraph (1) may make different provision for different cases.
      (4) 'The power to make regulations under this paragraph is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.J. 12)).
      (5) Regulations under this paragraph are subject to annulment in pursuance of a resolution of either House of Parliament in the same manner as a statutory instrument; and section 5 of the Statutory Instruments Act 1946 (c. 36) applies accordingly.
      (6) "Prescribed" means prescribed by regulations.

      Interpretation of provisions relating to pensions
      24 (1) In this Part "the civil partner with pension rights" means the civil partner who has or is likely to have benefits under a pension arrangement.
      (2) In this Part "pension arrangement" has the same meaning as in Part 3.
      (3) In this Part, references to the person responsible for a pension arrangement are to be read in accordance with Article 23 of the 1999 Order.

    PART 6

      MAINTENANCE PENDING OUTCOME OF DISSOLUTION, NULLITY OR SEPARATION PROCEEDINGS
      25 On an application for a dissolution, nullity or separation order, the court may make an order requiring either civil partner to make to the other for the other's maintenance such periodical payments for such term—

      (a) beginning no earlier than the date on which the application was made, and

      (b) ending with the date on which the proceedings are determined, as the court thinks reasonable.

  PART 7
    FAILURE TO MAINTAIN: FINANCIAL PROVISION (AND INTERIM ORDERS)

      Circumstances in which orders under this Part may be made
      26 (1) Either civil partner in a subsisting civil partnership may apply to the court for an order under this Part on the ground that the other civil partner ("the respondent")—

      (a) has failed to provide reasonable maintenance for the applicant, or

      (b) has failed to provide, or to make a proper contribution towards, reasonable maintenance for any child of the family.

      (2) The court must not entertain an application under this paragraph unless—

      (a) the applicant or the respondent is domiciled in Northern Ireland on the date of the application,

      (b) the applicant has been habitually resident there throughout the period of 1 year ending with that date, or

      (c) the respondent is resident there on that date.

      (3) If, on an application under this paragraph, it appears to the court that—

      (a) the applicant or any child of the family to whom the application relates is in immediate need of financial assistance, but

      GC 280

      (b) it is not yet possible to determine what order, if any, should be made on the application, the court may make an interim order.

      (4) If, on an application under this paragraph, the applicant satisfies the court of a ground mentioned in sub-paragraph (1), the court may make one or more of the orders set out in paragraph 28.

      Interim orders
      27 An interim order is an order requiring the respondent to make to the applicant, until the determination of the application, such periodical payments as the court thinks reasonable.

      Orders that may be made where failure to maintain established
      28 (1) The orders are—

      (a) an order that the respondent must make to the applicant such periodical payments for such term as may he specified;

      (b) an order that the respondent must secure to the applicant, to the satisfaction of the court, such periodical payments for such term as may he specified;

      (c) an order that the respondent must pay to the applicant such lump sum as may be specified;

      (d) an order that the respondent must make such periodical payments for such term as may be specified—

      (i) to such person as may be specified, for the benefit of the child to whom the application relates, or

      (ii) to the child to whom the application relates;

      (e) an order that the respondent must secure—

      (i) to such person as may be specified for the benefit of the child to whom the application relates, or

      (ii) to the child to whom the application relates, to the satisfaction of the court, such periodical payments for such term as may be specified;

      (f) an order that the respondent must pay such lump sum as may be specified—

      (i) to such person as may be specified for the benefit of the child to whom the application relates, or

      (ii) to the child to whom the application relates.

      (2) In this Part "specified" means specified in the order.

      Particular provision that may be made by lump sum orders
      29 (1) An order under this Part for the payment of a lump sum may be made for the purpose of enabling any liabilities or expenses reasonably incurred in maintaining the applicant or any child of the family to whom the application relates before the making of the application to be met.
      (2) An order under this Part for the payment of a lump sum may—

      (a) provide for its payment by instalments of such amount as may be specified, and

      (b) require the payment of the instalments to be secured to the satisfaction of the court.

      (3) Sub-paragraphs (1) and (2) do not restrict the power to make an order by virtue of paragraph 28(1)(c) or (f).

      Matters to which the court is to have regard on application under paragraph 26(1)(a)
      30 (1) This paragraph applies if an application under paragraph 26 is made on the ground mentioned in paragraph 26(1)(a).
      (2) In deciding—

      (a) whether the respondent has failed to provide reasonable maintenance for the applicant, and

      (b) what order, if any, to make under this Part in favour of the applicant, the court must have regard to all the circumstances of the case including the matters mentioned in paragraph 16(2).

      (3) If an application is also made under paragraph 26 in respect of a child of the family who has not reached 18, the court must give first consideration to the welfare of the child while under 18.
      (4) Paragraph 16(2)(c) has effect as if for the reference in it to the breakdown of the civil partnership there were substituted a reference to the failure to provide reasonable maintenance for the applicant.

      Matters to which the court is to have regard on application under paragraph 26(1)(b)
      31 (1) This paragraph applies if an application under paragraph 26 is made on the ground mentioned in paragraph 26(1)(b).
      (2) In deciding—

      (a) whether the respondent has failed to provide, or to make a proper contribution towards, reasonable maintenance for the child of the family to whom the application relates, and

      (b) what order, if any, to make under this Part in favour of the child, the court must have regard to all the circumstances of the case.

      (3) Those circumstances include—

      (a) the matters mentioned in paragraph 17(2)(a) to (e), and

      (b) if the child of the family to whom the application relates is not the child of the respondent, the matters mentioned in paragraph 17(3).

      (4) Paragraph 16(2)(c) (as it applies by virtue of paragraph 17(2)(e)) has effect as if for the reference in it to the breakdown of the civil partnership there were substituted a reference to—

      (a) the failure to provide, or

      (b) the failure to make a proper contribution towards, reasonable maintenance for the child of the family to whom the application relates.

      Restrictions on making orders under this Part
      32 The power to make an order under paragraph 28(1)(d), (e) or (f) is subject to paragraph 36(1) and (5) (restrictions on orders in favour of children who have reached 18).
  COMMENCEMENT OF CERTAIN PROCEEDINGS AND DURATION OF CERTAIN ORDERS

    Commencement of proceedings for ancillary relief, etc.
    33 (1) Sub-paragraph (2) applies if an application for a dissolution, nullity or separation order has been made.
    (2) Subject to sub-paragraph (3), proceedings for—

    (a) an order under Part 1 (financial provision on dissolution etc.),

    (b) a property adjustment order, or

    (c) an order under Part 6 (maintenance pending outcome of dissolution, nullity or separation proceedings), may be begun (subject to and in accordance with rules of court), at any time after the presentation of the application.

    (3) Rules of court may provide, in such cases as may be prescribed by the rules that—

    (a) an application for any such relief as is mentioned in subparagraph (2) must be made in the application or defence, and

    (b) an application for any such relief which—

    (i) is not so made, or

    (ii) is not made until after the end of such period following the presentation of the application or filing of the defence as may be so prescribed, may be made only with the leave of the court.

    Duration of periodical and secured periodical payments orders for a civil partner
    34 (1) The court may specify in a periodical payments or secured periodical payments order in favour of a civil partner such term as it thinks fit, except that the term must not—

    (a) begin before the date of the making of an application for the order, or

    (b) extend beyond the limits given in sub-paragraphs (2) and (3).

    (2) The limits in the case of a periodical payments order are—

    (a) the death of either civil partner;

    (b) where the order is made on or after the making of a dissolution or nullity order, the formation of a subsequent civil partnership or marriage by the civil partner in whose favour the order is made.

    (3) The limits in the case of a secured periodical payments order are—

    (a) the death of the civil partner in whose favour the order is made;

    (b) where the order is made on or after the making of a dissolution or nullity order, the formation of a subsequent civil partnership or marriage by the civil partner in whose favour the order is made.

    (4) In the case of an order made on or after the making of a dissolution or nullity order, sub-paragraphs (1) to (3) are subject to paragraphs 18(3) and 44(4).
    (5) If a periodical payments or secured periodical payments order in favour of a civil partner is made on or after the making of a dissolution or nullity order, the court may direct that that civil partner is not entitled to apply under paragraph 38 for the extension of the term specified in the order.
    (6) If—

    (a) a periodical payments or secured periodical payments order in favour of a civil partner is made otherwise than on or after the making of a dissolution or nullity order, and

    (b) the civil partnership is subsequently dissolved or annulled but the order continues in force,

    (7) the order ceases to have effect (regardless of anything in it) on the formation of a subsequent civil partnership or marriage by that civil partner, except in relation to any arrears due under it on the date of its formation.

    Subsequent civil partnership or marriage
    35 If after the making of a dissolution or nullity order one of the civil partners forms a subsequent civil partnership or marriage, that civil partner is not entitled to apply, by reference to the dissolution or nullity order, for—

    (a) an order under Part 1 in that civil partner's favour, or

    (b) a property adjustment order, against the other civil partner in the dissolved or annulled civil partnership.

    Duration of continuing orders in favour of children, and age limit on making certain orders in their favour
    36 (1) Subject to paragraph (5)—

    (a) no order under Part 1,

    (b) no property adjustment order made by virtue of paragraph 7(1)(a) (transfer of property), and

    (c) no order made under Part 7 (failure to maintain) by virtue of paragraph 28, is to be made in favour of a child who has reached 18.

    (2) The term to be specified in a periodical payments or secured periodical payments order in favour of a child may begin with—

    (a) the date of the making of an application for the order or a later date, or

    (b) a date ascertained in accordance with sub-paragraph (7) or (8).

    (3) The term to be specified in such an order—

    (a) must not in the first instance extend beyond the date of the birthday of the child next following the child's reaching the upper limit of the compulsory school age unless the court considers that in the circumstances of the case the welfare of the child requires that it should extend to a later date, and

    (b) must not in any event, subject to sub-paragraph (5), extend beyond the date of the child's 18th birthday.

    (4) In sub-paragraph (3)(a) "compulsory school age" has the meaning given in Article 46 of the Education and Libraries (Northern Ireland) Order 1986 (S.I. 1986/594 (N.I. 3)).
    (5) Sub-paragraphs (1) and (3)(b) do not apply in the case of a child, if it appears to the court that—

    (a) the child is, or will be, or, if an order were made without complying with either or both of those provisions, would be—

    (i) receiving instruction at an educational establishment, or

    (ii) undergoing training for a trade, profession or vocation, whether or not the child also is, will be or would be in gainful employment, or

    (b) there are special circumstances which justify the making of an order without complying with either or both of sub-paragraphs (1) and (3)(b).

    (6) A periodical payments order in favour of a child, regardless of anything in the order, ceases to have effect on the death of the person liable to make payments under the order, except in relation to any arrears due under the order on the date of the death.
    (7) If—

    (a) a maintenance calculation ("the current calculation") is in force with respect to a child, and

    (b) an application is made under this Schedule for a periodical payments or secured periodical payments order in favour of that child before the end of 6 months beginning with the making of the current calculation, the term to be specified in any such order made on that application may be expressed to begin on, or at any time after, the earliest permitted date.

    (8) "The earliest permitted date" is whichever is the later of—

    (a) the date 6 months before the application is made, or

    (b) the date on which the current calculation took effect or, where successive maintenance calculations have been continuously in force with respect to a child, on which the first of those calculations took effect.

    (9) If—

    (a) a maintenance calculation ceases to have effect by or under any provision of the Child Support (Northern Ireland) Order 1991 (SI 1991/2628 (N.I. 23)), and

    GC 284

    (b) an application is made, before the end of 6 months beginning with the relevant date, for a periodical payments or secured periodical payments order in favour of a child with respect to whom that maintenance calculation was in force immediately before it ceased to have effect, the term to be specified in any such order made on that application may begin with the date on which that maintenance calculation ceased to have effect or any later date.

    (10) "The relevant date" means the date on which the maintenance calculation ceased to have effect.
    (11) In this Schedule "maintenance calculation" has the same meaning as it has in the 1991 Order.

  PART 9
    VARIATION, DISCHARGE ETC. OF CERTAIN ORDERS FOR FINANCIAL RELIEF

      Orders etc. to which this Part applies
      37 (1) This Part applies to the following orders—

      (a) a periodical payments order under Part 1 (financial provision on dissolution etc.) or Part 7 (failure to maintain);

      (b) a secured periodical payments order under Par I or 7;

      (c) an order under Part 6 (maintenance pending outcome of dissolution proceedings etc.);

      (d) an interim order under Part 7;

      (e) an order made under Part 1 by virtue of paragraph 3(3) or under Part 7 by virtue of paragraph 29(2) (lump sum by instalments);

      (f) a deferred order made under Part 1 by virtue of paragraph 2(1)(c) (lump sum for civil partner) which includes provision made by virtue of—

      (i) paragraph 20(2), or

      (ii) paragraph 21, (provision in respect of pension rights);

      (g) a property adjustment order made on or after the making of a separation order by virtue of paragraph 7(1)(b), (c) or (d) (order for settlement or variation of settlement);

      (h) a pension sharing order made before the dissolution or nullity order has been made final.

      (2) If the court has made an order referred to in sub-paragraph (1)(f)(ii), this Part ceases to apply to the order on the death of either of the civil partners.
      (3) The powers exercisable by the court under this Part in relation to an order are also exercisable in relation to any instrument executed in pursuance of the order.

      Powers to vary, discharge, suspend or revive order
      38 (1) If the court has made an order to which this Part applies, it may—

      (a) vary or discharge the order,

      (b) suspend any provision of it temporarily, or

      (c) revive the operation of any provision so suspended.

      (2) Sub-paragraph (1) is subject to the provisions of this Part and paragraph 34(5).

      Power to remit arrears
      39 (1) If the court has made an order referred to in paragraph 37(1)(a), (b), (c) or (d), it may remit the payment of any arrears due under the order or under any part of the order.
      (2) Sub-paragraph (1) is subject to the provisions of this Part.

      Variation etc. of periodical or secured periodical payments orders made in cases of failure to maintain
      40 (1) An application for the variation under paragraph 38 of a periodical payments order or secured periodical payments order made under Part 7 in favour of a child may, if the child has reached 16, be made by the child himself.
      (2) Sub-paragraph (3) applies if a periodical payments order made in favour of a child under Part 7 ceases to have effect—

      (a) on the date on which the child reaches 16, or

      (b) at any time after that date but before or on the date on which the child reaches 18.

      (3) If, on an application made to the court for an order under this sub-paragraph, it appears to the court that—

      (a) the child is, will be or, if an order were made under this sub-paragraph, would be—

      (i) receiving instruction at an educational establishment, or

      (ii) undergoing training for a trade, profession or vocation, whether or not the child also is, will be or would be in gainful employment, or

      (b) there are special circumstances which justify the making of an order under this sub-paragraph, the court may by order revive the order mentioned in sub-paragraph (2) from a date specified by it.

      (4) The date specified under sub-paragraph (3) must not be earlier than the date of the application under that sub-paragraph.
      (5) If under sub-paragraph (3) the court revives an order it may exercise its power under paragraph 38 in relation to the revived order.

      Variation etc. of property adjustment and pension sharing orders
      41 The court must not exercise the powers conferred by this Part in relation to a property adjustment order falling within paragraph 7(1)(b), (c) or (d) (order for settlement or for variation of settlement) except on an application made in proceedings—

      (a) for the rescission of the separation order by reference to which the property adjustment order was made, or

      (b) for a dissolution order in relation to the civil partnership.

      42 (1) In relation to a pension sharing order which is made at a time before the dissolution or nullity order has been made final—

      (a) the powers conferred by this Part (by virtue of paragraph 37(1)(h)) may be exercised

      (i) only on an application made before the pension sharing order has or, but for paragraph (b), would have taken effect, and

      (ii) only if, at the time when the application is made, the dissolution or nullity order has not been made final, and

      (b) an application made in accordance with paragraph (a) prevents the pension sharing order from taking effect before the application has been dealt with.

      (2) No variation of a pension sharing order is to be made so as to take effect before the order is made final.
      (3) The variation of a pension sharing order prevents the order taking effect before the end of such period after the making of the variation as may be prescribed by regulations made by the Lord Chancellor.
      (4) The power to make regulations under sub-paragraph (3) is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).
      (5) Regulations under sub-paragraph (3) are subject to annulment in pursuance of a resolution of either House of Parliament in the same manner as a statutory instrument; and section 5 of the Statutory Instruments Act 1946 (c. 36) applies accordingly.
      43 (1) No property adjustment order or pension sharing order may be made on an application for the variation of a periodical payments or secured periodical payments order made (whether in favour of a civil partner or in favour of a child of the family) under Part 1.
      (2) No order for the payment of a lump sum may be made on an application for the variation of a periodical payments or secured periodical payments order in favour of a civil partner (whether made under Part 1 or 7).

      Matters to which court is to have regard in exercising powers under this Part
      44 (1) In exercising the powers conferred by this Part the court must have regard to all the circumstances of the case, giving first consideration to the welfare, while under 18, of any child of the family who has not reached 18.
      (2) The circumstances of the case include, in particular, any change in any of the matters to which the court was required to have regard when making the order to which the application relates.
      (3) Sub-paragraph (4) applies in the case of—

      (a) a periodical payments order, or

      (b) a secured periodical payments order,

      made on or after the making of a dissolution or nullity order.
      (4) The court must consider whether in all the circumstances, and after having regard to any such change, it would be appropriate to vary the order so that payments under the order are required—

      (a) to be made, or

      (b) to be secured,

      only for such further period as will in the opinion of the court be sufficient to enable the civil partner in whose favour the order was made to adjust without undue hardship to the termination of those payments.
      (5) If the civil partner against whom the order was made has died, the circumstances of the case also include the changed circumstances resulting from that civil partner's death.

      Variation of secured periodical payments order where person liable has died
      45 (1) This paragraph applies if the person liable to make payments under a secured periodical payments order has died.
      (2) Subject to sub-paragraph (3), an application under this Part relating to the order may be made by—

      (a) the person entitled to payments under the periodical payments order, or

      (b) the personal representatives of the deceased person.

      (3) No such application may be made without the leave of the court after the end of 6 months from the date on which representation in regard to the estate of that person is first taken out.
      (4) The personal representatives of the person who has died are not liable for having distributed any part of the estate of the deceased after the end of the 6 month period on the ground that they ought to have taken into account the possibility that the court might allow an application under this paragraph to be made after that period by the person entitled to payments under the order.
      (5) Sub-paragraph (4) does not affect any power to recover any part of the estate so distributed arising by virtue of the making of an order in pursuance of this paragraph.
      (6) In considering for the purposes of sub-paragraph (3) the question when representation was first taken out a grant limited to part of the estate is to be disregarded unless a grant limited to the remainder of the estate has previously been made or is made at the same time.

      Power to direct when variation etc. is to take effect
      46 (1) If the court, in exercise of its powers under this Part, decides—

      (a) to vary, or

      (b) to discharge,

      a periodical payments or secured periodical payments order, it may direct that the variation or discharge is not to take effect until the end of such period as may be specified.
      (2) Sub-paragraph (1) is subject to paragraph 34(1) and (6).
      47 (1) If—

      (a) a periodical payments or secured periodical payments order in favour of more than one child ("the order") is in force,

      (b) the order requires payments specified in it to be made to or for the benefit of more than one child without apportioning those payments between them,

      (c) a maintenance calculation ("the calculation") is made with respect to one or more, but not all, of the children with respect to whom those payments are to be made, and

      (d) an application is made, before the end of the period of 6 months beginning with the date on which the calculation was made, for the variation or discharge of the order,

      the court may, in exercise of its powers under this Part to vary or discharge the order, direct that the variation or discharge is to take effect from the date on which the calculation took effect or any later date.
      (2) If—

      (a) an order ("the child order") of a kind prescribed for the purposes of Article 12(1) of the Child Support (Northern Ireland) Order 1991 (S.I. 1991/2628 (N.I. 23)) is affected by a maintenance calculation,

      (b) on the date on which the child order became so affected there was in force a periodical payments or secured periodical payments order ("the civil partner's order") in favour of a civil partner having the care of the child in whose favour the child order was made, and

      (c) an application is made, before the end of the period of 6 months beginning with the date on which the maintenance calculation was made, for the civil partner's order to be varied or discharged,

      the court may, in exercise of its powers under this Part to vary or discharge the civil partner's order, direct that the variation or discharge is to take effect from the date on which the child order became so affected or any later date.
      (3) For the purposes of sub-paragraph (2), an order is affected if it ceases to have effect or is modified by or under Article 12 of the 1991 Order.
      (4) Sub-paragraphs (1) and (2) do not affect any other power of the court to direct that the variation or discharge of an order under this Part is to take effect from a date earlier than that on which the order for variation or discharge was made.

  PART 10
    ARREARS AND REPAYMENTS

      Payment of certain arrears unenforceable without the leave of the court
      48 (1) This paragraph applies if any arrears are due under—

      (a) an order under Part 1 (financial provision on dissolution etc.),

      (b) an order under Part 6 (maintenance pending outcome of dissolution, nullity or separation proceedings), or

      (c) an interim order under Part 7 (failure to maintain),

      and the arrears became due more than 12 months before proceedings to enforce the payment of them are begun.
      (2) A person is not entitled to enforce through the court the payment of the arrears without the leave of that court.
      (3) The court hearing an application for the grant of leave under this paragraph may—

      (a) refuse leave,

      (b) grant leave subject to such restrictions and conditions (including conditions as to the allowing of time for payment or the making of payment by instalments) as that court thinks proper, or

      (c) remit the payment of the arrears or of any part of them.

      Orders for repayment in certain cases of sums paid under certain orders
      49 (1) This paragraph applies if—

      (a) a person ("R") is entitled to receive payments under an order listed in sub-paragraph (4), and

      (b) R's circumstances or the circumstances of the person ("P") liable to make payments under the order have changed since the order was made, or the circumstances have changed as a result of P's death.

      (2) The orders are—.

      (a) any order under Part 6 (maintenance pending outcome of dissolution, nullity or separation proceedings);

      (b) any interim order under Part 7;

      (c) any periodical payments order;

      (d) any secured periodical payments order.

      (3) P or P's personal representatives may (subject to sub-paragraph (7)) apply for an order under this paragraph against R or R's personal representatives.
      (4) If it appears to the court that, because of the changed circumstances or P's death, the amount received by R in respect of a relevant period exceeds the amount which P or P's personal representatives should have been required to pay, it may order the respondent to the application to pay to the applicant such sum, not exceeding the amount of the excess, as it thinks just.
      (5) "Relevant period" means a period after the circumstances changed or (as the case may be) after P's death.
      (6) An order under this paragraph for the payment of any sum may provide for the payment of that sum by instalments of an amount specified in the order.
      (7) An application under this paragraph—

      (a) may be made in proceedings in the High Court for—

      (i) the variation or discharge of the order listed in subparagraph (2), or

      (ii) leave to enforce, or the enforcement of, the payment of arrears under that order, but

      (b) if not made in such proceedings, must be made to a county court;

      and accordingly references in this paragraph to the court are references to the High Court or a county court (whether a civil partnership proceedings county court or not), as the circumstances require.
      (8) The jurisdiction conferred on a county court by this paragraph is exercisable even though, because of the amount claimed in the application, the jurisdiction would not but for this sub-paragraph be exercisable by a county court.

      Orders for repayment after cessation of order because of subsequent civil partnership etc.
      50 (1) Sub-paragraphs (3) and (4) apply if—

      (a) a periodical payments or secured periodical payments order in favour of a civil partner ("R") has ceased to have effect because of the formation of a subsequent civil partnership or marriage by R, and

      (b) the person liable to make payments under the order ("p") (or P's personal representatives) has made payments in accordance with it in respect of a relevant period in the mistaken belief that the order was still subsisting.

      (2) "Relevant period" means a period after the date of the formation of the civil partnership or marriage.
      (3) P (or P's personal representatives) is not entitled to bring proceedings in respect of a cause of action arising out of the circumstances mentioned in sub-paragraph (1)(a) and (b) against R (or R's personal representatives).
      (4) But, on an application under this paragraph by P (or P's personal representatives) against R (or R's personal representatives), the court—

      (a) may order the respondent to pay to the applicant a sum equal to the amount of the payments made in respect of the relevant period, or

      (b) if it appears to the court that it would be unjust to make that order, may—

      (i) order the respondent to pay to the applicant such lesser sum as it thinks fit, or

      (ii) dismiss the application.

      (5) An order under this paragraph for the payment of any sum may provide for the payment of that sum by instalments of such amount as may be specified in the order.
      (6) An application under this paragraph—

      (a) may be made in proceedings in the High Court for leave to enforce, or the enforcement of, payment of arrears under the order in question, but

      (b) if not made in such proceedings, must be made to a county court;

      and accordingly references in this paragraph to the court are references to the High Court or a county court (whether a civil partnership proceedings county court or not), as the circumstances require.
      (7) The jurisdiction conferred on a county court by this paragraph is exercisable even though, because of the amount claimed in the application, the jurisdiction would not but for this sub-paragraph be exercisable by a county court.
      (8) Subject to sub-paragraph (9), the collecting officer of a court of summary jurisdiction to whom any payments under a payments order, or under an attachment of earnings order made to secure payments under a payments order, are required to be made is not liable—

      (a) for any act done by him in pursuance of the payments order after the date on which that order ceased to have effect because of the formation of a subsequent civil partnership or marriage by R, or

      (b) for any act done by him after that date in accordance with any statutory provision specifying how payments made to him in compliance with the attachment of earnings order are to be dealt with.

      (9) Sub-paragraph (8) applies if (and only if) the act—

      (a) was one which the officer would have been under a duty to do had the payments order not ceased to have effect, and

      (b) was done before notice in writing of the formation of the civil partnership or marriage, was given to him by or on behalf of R, P, or R or P's personal representatives.

      (10) In this paragraph—
      "collecting officer" means the officer mentioned in section 15(2) of the Maintenance and Affiliation Orders Act (Northern Ireland) 1966 (c. 35) or Article 85(2) of the Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26));
      "statutory provision" has the meaning given by section 1(f) of the Interpretation Act (Northern Ireland) 1954 (1954 c. 33 (N.I.)).

  PART 11
    CONSENT ORDERS AND MAINTENANCE AGREEMENTS

      Consent orders for financial relief
      51 (1) Regardless of anything in the preceding provisions of this Schedule, on an application for a consent order for financial relief, the court may, unless it has reason to think that there are other circumstances into which it ought to inquire, make an order in the terms agreed on the basis only of such information supplied with the application as is required by rules of court.
      (2) Sub-paragraph (1) applies to an application for a consent order varying or discharging an order for financial relief as it applies to an application for an order for financial relief.
      (3) In this paragraph—
      "consent order", in relation to an application for an order, means an order in the terms applied for to which the respondent agrees;
      "order for financial relief- means an order under any of Parts 1, 2, 3 and 7.

      Meaning of "maintenance agreement" and "financial arrangements"
      52 (1) In this Part "maintenance agreement" means any written agreement between the civil partners in a civil partnership which—

      (a) is made during the continuance or after the dissolution or annulment of the civil partnership and contains financial arrangements, or

      (b) is a separation agreement which contains no financial arrangements but is made in a case where no other agreement in writing between the civil partners contains financial arrangements.

      (2) In this Part "financial arrangements" means provisions governing the rights and liabilities towards one another when living separately of the civil partners in a civil partnership (including a civil partnership which has been dissolved or annulled) in respect of—

      (a) the making or securing of payments, or

      (b) the disposition or use of any property,

      including such rights and liabilities with respect to the maintenance or education of a child (whether or not a child of the family).
      (3) "Education" includes training.

      Validity of maintenance agreements
      53 If a maintenance agreement includes a provision purporting to restrict any right to apply to a court for an order containing financial arrangements—

      (a) that provision is void, but

      (b) any other financial arrangements contained in the agreement—

      (i) are not void or unenforceable as a result, and

      (ii) unless void or unenforceable for any other reason, are (subject to paragraphs 54 and 58) binding on the parties to the agreement.

      Alteration of agreements by court during lives of parties
      54 (1) Either party to a maintenance agreement may apply to the court or, subject to sub-paragraph (6), to a court of summary jurisdiction for an order under this paragraph if—

      (a) the maintenance agreement is for the time being subsisting, and

      (b) each of the parties to the agreement is for the time being domiciled or resident in Northern Ireland.

      (2) The court may make an order under this paragraph if it is satisfied that—

      (a) because of a change in the circumstances in the light of which—

      (i) any financial arrangements contained in the agreement were made, or

      (ii) financial arrangements were omitted from it, the agreement should be altered so as to make different financial arrangements or so as to contain financial arrangements, or

      (b) that the agreement does not contain proper financial arrangements with respect to any child of the family.

      (3) In sub-paragraph (2)(a) the reference to a change in the circumstances includes a change foreseen by the parties when making the agreement.
      (4) An order under this paragraph may make such alterations in the agreement—

      (a) by varying or revoking any financial arrangements contained in it, or

      (b) by inserting in it financial arrangements for the benefit of one of the parties to the agreement or of a child of the family,

      as appear to the court to be just having regard to all the circumstances, including, if relevant, the matters mentioned in paragraph 17(3).
      (5) The effect of the order is that the agreement is to be treated as if any alteration made by the order had been made by agreement between the partners and for valuable consideration.
      (6) The power to make an order under this paragraph is subject to paragraphs 55 and 56.

      Restrictions on applications to and orders by courts of summary jurisdiction under paragraph 54
      55 (1) A court of summary jurisdiction must not entertain an application under paragraph 54(1) unless—

      (a) both the parties to the agreement are resident in Northern Ireland, and

      (b) the court acts for a petty sessions district included in the county court division in which at least one of the parties is resident.

      (2) A court of summary jurisdiction must not make any order on such an application other than—

      (a) if the agreement includes no provision for periodical payments by either of the parties, an order inserting provision for the making by one of the parties of periodical payments for the maintenance of—

      (i) the other party, or

      (ii) any child of the family;

      (b) if the agreement includes provision for the making by one of the parties of periodical payments, an order increasing or reducing the rate of, or terminating, any of those payments.

      Provisions relating to periodical and secured periodical payments: duration
      56 (1) If a court decides to make an order under paragraph 54 altering an agreement—

      (a) by inserting provision for the making or securing by one of the parties to the agreement of periodical payments for the maintenance of the other party, or

      (b) by increasing the rate of the periodical payments which the agreement provides shall be made by one of the parties for the maintenance of the other,

      GC 292
      it may specify such term as it thinks fit as the term for which the payments or, as the case may be, the additional payments attributable to the increase are to be made under the altered agreement, except that the term must not extend beyond the limits in sub-paragraphs (2) and (3).
      (2) The limits if the payments are not to be secured are—

      (a) the death of either of the parties to the agreement, or

      (b) the formation of a subsequent civil partnership or marriage by the party to whom the payments are to be made.

      (3) The limits if the payments are to be secured are—

      (a) the death of the party to whom the payments are to be made, or

      (b) the formation of a subsequent civil partnership or marriage by that party.

      (4) Sub-paragraph (5) applies if a court decides to make an order under paragraph 54 altering an agreement by—

      (a) inserting provision for the making or securing by one of the parties to the agreement of periodical payments for the maintenance of a child of the family, or

      (b) increasing the rate of the periodical payments which the agreement provides shall be made or secured by one of the parties for the maintenance of such a child.

      (5) The court, in deciding the term for which under the agreement as altered by the order the payments, or the additional payments attributable to the increase, are to be made or secured for the benefit of the child, must apply paragraph 36(2) to (5) (age limits) as if the order in question were a periodical payments or secured periodical payments order in favour of the child.

      Saving
      57 Nothing in paragraphs 53 or 56 affects—

      (a) any power of a court before which any proceedings between the parties to a maintenance agreement are brought under any other enactment (including a provision of this Schedule) to make an order containing financial arrangements, or

      (b) any right of either party to apply for such an order in such proceedings.

      Alteration of agreements by court after death of one party
      58 (1) This paragraph applies if—

      (a) a maintenance agreement provides for the continuation of payments under the agreement after the death of one of the parties, and

      (b) that party ("A") dies domiciled in Northern Ireland.

      (2) Subject to sub-paragraphs (4) and (5), the surviving party or A's personal representatives may apply to the High Court or a county court for an order under paragraph 54 and accordingly, for the purposes of this paragraph, any reference in that paragraph to the court includes a reference to a county court (whether a civil partnership proceedings county court or not).
      (3) If a maintenance agreement is altered by a court on an application made under sub-paragraph (2), the same consequences follow as if the alteration had been made immediately before the death by agreement between the parties and for valuable consideration.
      (4) An application under this paragraph may not, without the leave of the High Court or a county court, be made after the end of 6 months from the date on which representation in regard to A's estate is first taken out.
      (5) A county court has jurisdiction under this paragraph only if it is shown to the satisfaction of the court that, at the relevant date, the property included in A's net estate did not exceed £15,000 in value.
      (6) A's personal representatives are not liable for having distributed any part of A's estate after the end of the 6 month period on the ground that they ought to have taken into account the possibility that a court might allow an application by virtue of this paragraph to be made by the surviving party after that period.
      (7) Sub-paragraph (6) does not affect any power to recover any part of the estate so distributed arising by virtue of the making of an order in pursuance of this paragraph.
      (8) Paragraph 45(6) applies for the purposes of sub-paragraph (4) as it applies for the purposes of paragraph 45(3).
      (9) In sub-paragraph (5)—
      "the property included in A's net estate" means all property of which A had power to dispose by will, otherwise than by virtue of a special power of appointment, less the amount of A's funeral, testamentary and administration expenses, debts and liabilities, including any inheritance tax payable out of A's estate on A's death;
      "relevant date" means the date of A's death.

  PART 12
    MISCELLANEOUS AND SUPPLEMENTARY

      Avoidance of transactions intended to prevent or reduce financial relief
      59 (1) This paragraph applies if proceedings for relief ("financial relief') are brought by one person ("A") against another ("B") under Part 1, 2, 3, 6, 7 or 9 (other than paragraph 45(2)), or paragraph 54.
      (2) If the court is satisfied, on an application by A, that B is, with the intention of defeating A's claim for financial relief, about to—

      (a) make any disposition, or

      (b) transfer out of the jurisdiction or otherwise deal with any property,

      it may make such order as it thinks fit for restraining B from doing so or otherwise for protecting the claim.
      (3) If the court is satisfied, on an application by A, that—

      (a) B has, with the intention of defeating A's claim for financial relief, made a reviewable disposition, and

      (b) if the disposition were set aside, financial relief or different financial relief would be granted to A,

      it may make an order setting aside the disposition.
      (4) If the court is satisfied, on an application by A in a case where an order has been obtained by A against B under any of the provisions mentioned in sub-paragraph (1), that B has, with the intention of defeating A's claim for financial relief, made a reviewable disposition, it may make an order setting aside the disposition.
      (5) An application for the purposes of sub-paragraph (3) must be made in the proceedings for the financial relief in question.
      (6) If the court makes an order under sub-paragraph (3) or (4) setting aside a disposition it must give such consequential directions as it thinks fit for giving effect to the order (including directions requiring the making of any payments or the disposal of any property).
      60 (1) Any reference in paragraph 59 to defeating A's claim for financial relief is to—

      (a) preventing financial relief from being granted to A, or to A for the benefit of a child of the family,

      (b) reducing the amount of any financial relief which might be so granted, or

      (c) frustrating or impeding the enforcement of any order which might be or has been made at A's instance under any of the provisions mentioned in paragraph 59(1).

      (2) In paragraph 59 and this paragraph "disposition"—

      (a) does not include any provision contained in a will or codicil, but

      (b) subject to paragraph (a), includes any conveyance, assurance or gift of property of any description (whether made by an instrument or otherwise).

      (3) Any disposition made by B (whether before or after the commencement of the proceedings for financial relief) is a reviewable disposition for the purposes of paragraph 59(3) and (4) unless it was made—

      (a) for valuable consideration (other than formation of a civil partnership), and

      (b) to a person who, at the time of the disposition, acted in relation to it in good faith and without notice of any intention on B's part to defeat A's claim for financial relief.

      (4) If an application is made under paragraph 59 with respect to a disposition which took place less than 3 years before the date of the application or with respect to a disposition or other dealing with property which is about to take place and the court is satisfied—

      (a) in a case falling within paragraph 59(2) or (3), that the disposition or other dealing would (apart from paragraph 59) have the consequence of defeating A's claim for financial relief, or

      (b) in a case falling within paragraph 59(4), that the disposition has had the consequence of defeating A's claim for financial relief,

      it is presumed, unless the contrary is shown, that the person who disposed of or is about to dispose of or deal with the property did so or, as the case may be, is about to do so, with the intention of defeating A's claim for financial relief.
      61 (1) An order under paragraph 59(2), to the extent that it restrains B from making a disposition of any land in Northern Ireland which is specified in the order—

      (a) creates on the land a statutory charge, and

      (b) subject to section 88 of the 1970 Act (statutory charge to be void against purchaser in certain circumstances), renders liable to be set aside by the court at the instance of A any disposition of the land in contravention of the order.

      (2) In this paragraph and paragraph 62—
      "disposition" has the same meaning as in paragraphs 59 and 60;
      "1970 Act" means the Land Registration Act (Northern Ireland) 1970 (c. 18 (N.I.));
      "statutory charge" has the same meaning as in the 1970 Act.
      (3) Nothing in sub-paragraph (1)(b) or section 88(1) of the 1970 Act affects any power of the court to set aside a disposition under paragraph 59(3) or (4).
      62 (1) The registration of a statutory charge created under paragraph 61(1)(a) shall be effective until—

      (a) the expiration of 1 year from the date of its registration or of the last renewal of its registration, unless the registration is renewed or further renewed before the expiration of that period, or

      (b) the court orders that it is to cease to have effect.

      (2) When the registration ceases to have effect the Registrar of Titles may cancel it.
      (3) Nothing in this paragraph affects any provision of section 91 of the 1970 Act (cancellation and modification of statutory charges).
      (4) An application for the renewal, under sub-paragraph (1)(a), of the registration of a charge may be made in the same manner as the application for the original registration.

      Direction for settlement of instrument for securing payments or effecting property adjustment
      63 (1) This paragraph applies if the court decides to make—

      (a) an order under Part 1 or 7 requiring any payments to be secured, or

      (b) a property adjustment order,

      or if it gives directions for the disposal of any property.
      (2) The court may direct that the matter he referred to a conveyancing counsel appointed by the court for him to settle a proper instrument to be executed by all necessary parties.
      (3) If the order referred to in sub-paragraph (1) is to be made in proceedings for a dissolution, nullity or separation order, the court may, if it thinks fit, defer the making of the dissolution, nullity or separation order until the instrument has been duly executed.

      Settlement, etc., made in compliance with a property adjustment order may he avoided on bankruptcy of settlor
      64 The fact that—

      (a) a settlement, or

      (b) a transfer of property,

      had to be made in order to comply with a property adjustment order does not prevent the settlement or transfer from being a transaction in respect of which an order may be made under Article 312 or 313 of the Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19)) (transfers at an undervalue and preferences).

      Payments, etc., under order made in favour of person suffering from mental disorder
      65 (1) This paragraph applies if—

      (a) the court makes an order under this Schedule requiring—

      (i) payments (including a lump sum payment) to be made, or

      (ii) property to be transferred, to a civil partner, and

      (b) the court is satisfied that the person in whose favour the order is made is incapable, because of mental disorder, of managing and administering his or her property and affairs.

      (2) "Mental disorder" has the same meaning as in the Mental Health (Northern Ireland) Order 1986 (S.I. 1986/595 (N.I. 4)).
      (3) Subject to any order, direction or authority made or given in relation to that person under Part 8 of the 1986 Order, the court may order the payments to be made, or as the case may be, the property to be transferred, to such persons having charge of that person as the court may direct.

      Appeals relating to pension sharing orders which have taken effect
      66 (1) Sub-paragraphs (2) and (3) apply if an appeal against a pension sharing order is begun on or after the day on which the order takes effect.
      (2) If the pension sharing order relates to a person's rights under a pension arrangement, the appeal court may not set aside or vary the order if the person responsible for the pension arrangement has acted to his detriment in reliance on the order taking effect.
      (3) If the pension sharing order relates to a person's shareable state scheme rights, the appeal court may not set aside or vary the order if the Department for Social Development has acted to its detriment in reliance on the taking effect of the order.
      (4) In determining for the purposes of sub-paragraph (2) or (3) whether a person or the Department has acted to his or its detriment in reliance on the taking effect of the order, the appeal court may disregard any detriment which in its opinion is insignificant.
      (5) Where sub-paragraph (2) or (3) applies, the appeal court may make such further orders (including one or more pension sharing orders) as it thinks fit for the purpose of putting the parties in the position it considers appropriate.
      (6) Paragraph 14 only applies to a pension sharing order under this paragraph if the decision of the appeal court can itself be the subject of an appeal.
      (7) In sub-paragraph (2), the reference to the person responsible for the pension arrangement is to be read in accordance with paragraph 24(3).

      Interpretation
      67 (1) References in this Schedule to—

      (a) periodical payments orders,

      (b) secured periodical payments orders, and

      (c) orders for the payment of a lump sum,

      are references to such of the orders that may be made under Parts 1 and 7 (other than interim orders) as are relevant in the context of the reference in question.
      (2) In this Schedule "child of the family", in relation to two people who are the civil partners of each other, means—

      (a) a child of both of them, and

      (b) any other child, other than a child placed with the civil partners as foster parents by an authority or a voluntary organisation, who has been treated by both the civil partners as a child of their family.

      (3) In sub-paragraph (2) "authority" and "voluntary organisation" have the same meaning as in the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2)).
      (4) References in this Schedule to a subsequent civil partnership include a civil partnership which is by law void or voidable.
      (5) References in this Schedule to a subsequent marriage include a marriage which is by law void or voidable."
      Before Schedule 14, insert the following new schedule—

  FINANCIAL RELIEF IN COURT OF SUMMARY JURISDICTION ETC.: NORTHERN IRELAND
    PART 1
      FAILURE TO MAINTAIN ETC.: FINANCIAL PROVISION

        Circumstances in which orders made under this Part may be made
        1 (1) On an application to it by one of the civil partners, the court may make any one or more of the orders set out in paragraph 2 if it is satisfied that the other civil partner—

        (a) has failed to provide reasonable maintenance for the applicant,

        (b) has failed to provide, or to make a proper contribution towards, reasonable maintenance for any child of the family,

        (c) has behaved in such a way that the applicant cannot reasonably be expected to live with the respondent, or

        (d) has deserted the applicant.

        (2) The power of the court under sub-paragraph (1) is subject to the following provisions of this Schedule.

        The orders: periodical and secured periodical payments and lump sums
        2 (1) The orders are—

        (a) an order that the respondent must make to the applicant such periodical payments for such term as may be specified;

        (b) an order that the respondent must pay to the applicant such lump sum as may be specified;

        (c) an order that the respondent must make—

        (i) to the applicant for the benefit of a child of the family to whom the application relates, or

        (ii) to a child of the family to whom the application relates, such periodical payments for such term as may be specified;

        (d) an order that the respondent must pay such lump sum as may be specified—

        (i) to the applicant for the benefit of a child of the family to whom the application relates, or

        GC 297

        (ii) to a child of the family to whom the application relates.

        (2) The amount of a lump sum specified under sub-paragraph (1)(b) or (d) must not exceed—

        (a) £1,000, or

        (b) such larger amount as the Lord Chancellor may from time to time by order fix for the purposes of this sub-paragraph.

        (3) The power to make an order under sub-paragraph (2) is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).
        (4) An order under sub-paragraph (2) is subject to annulment in pursuance of a resolution of either House of Parliament in the same manner as a statutory instrument; and section 5 of the Statutory Instruments Act 1946 (c. 36) applies accordingly.
        (5) "Specified" means specified in the order.

        Particular provision that may be made by lump sum orders
        3 (1) An order under this Part for the payment of a lump sum may be made for the purpose of enabling any liability or expenses reasonably incurred in maintaining the applicant or any child of the family to whom the application relates before the making of the order to be met.
        (2) Sub-paragraph (1) does not restrict the power to make the orders set out in paragraph 2(1)(b) and (d).

        Matters to which court is to have regard in exercising its powers under this Part - general
        4 If an application is made for an order under this Part, the court, in deciding—

        (a) whether to exercise its powers under this Part, and

        (b) if so, in what way,

        must have regard to all the circumstances of the case, giving first consideration to the welfare while under 18 of any child of the family who has not reached 18.

        Particular matters to be taken into account when exercising powers in relation to civil partners
        5 (1) This paragraph applies in relation to the exercise by the court of its power to make an order by virtue of paragraph 2(1)(a) or (b).
        (2) The court must in particular have regard to—

        (a) the income, earning capacity, property and other financial resources which each civil partner—

        (i) has, or

        (ii) is likely to have in the foreseeable future,

        including, in the case of earning capacity, any increase in that capacity which it would in the opinion of the court be reasonable to expect the civil partner to take steps to acquire;

        (b) the financial needs, obligations and responsibilities which each civil partner has or is likely to have in the foreseeable future;

        (c) the standard of living enjoyed by the civil partners before the occurrence of the conduct which is alleged as the ground of the application;

        (d) the age of each civil partner and the duration of the civil partnership;

        (e) any physical or mental disability of either civil partner;

        (f) the contributions which each civil partner has made or is likely in the foreseeable future to make to the welfare of the family, including any contribution by looking after the home or caring for the family;

        GC 298

        (g) the conduct of each civil partner, if that conduct is such that it would in the opinion of the court be inequitable to disregard it.

        Particular matters to be taken into account when exercising powers in relation to children
        6 (1) This paragraph applies in relation to the exercise by the court of its power to make an order by virtue of paragraph 2(1)(c) or (d).
        (2) The court must in particular have regard to—

        (a) the financial needs of the child;

        (b) the income, earning capacity (if any), property and other financial resources of the child;

        (c) any physical or mental disability of the child;

        (d) the standard of living enjoyed by the family before the occurrence of the conduct which is alleged as the ground of the application;

        (e) the way in which the child was being and in which the civil partners expected the child to be educated or trained;

        (f) the considerations mentioned in relation to the civil partners in paragraph 5(2)(a) and (b).

        (3) In relation to the exercise of its power to make an order in favour of a child of the family who is not the respondent's child, the court must also have regard to—

        (a) whether the respondent has assumed any responsibility for the child's maintenance,

        (b) if so, the extent to which, and the basis on which, the respondent assumed that responsibility and the length of time during which the respondent discharged that responsibility;

        (c) whether in assuming and discharging that responsibility the respondent did so knowing that the child was not the respondent's child;

        (d) the liability of any other person to maintain the child.

        Reconciliation
        7 (1) If before the hearing of any evidence in proceedings on an application for an order under this Part a statement is made to the court by or on behalf of the civil partners showing a possibility of reconciliation between them, the court must adjourn the proceedings for such period as it thinks fit.
        (2) If at any stage of the proceedings on an application for an order under this Part it appears to the court that there is a reasonable possibility of a reconciliation between the civil partners, the court may adjourn the proceedings for such period as it thinks fit to enable attempts to be made to effect a reconciliation.
        (3) If the court adjourns any proceedings under sub-paragraph (1) or (2), it may request that—

        (a) a suitably qualified person acting under arrangements made by the Department of Health, Social Services and Public Safety, or

        (b) any other person, willing and able to do so and acceptable to both parties, whom the court may appoint,

        should attempt to effect a reconciliation between the civil partners.
        (4) If any such request is made, the person—

        (a) must report in writing to the court whether the attempt has been successful, but

        (b) must not include in the report any other information.

        (5) The powers conferred by this paragraph are additional to any other power of the court to adjourn proceedings.

        Refusal of order in case more suitable for High Court
        8 (1) If on hearing an application for an order under this Part a court of summary jurisdiction is of the opinion that any of the matters in question between the civil partners would be more suitably dealt with by the High Court, the court of summary jurisdiction must refuse to make any order on the application.
        (2) No appeal lies from a refusal under sub-paragraph (1).
        (3) But, in any proceedings in the High Court relating to or comprising the same subject matter as an application in respect of which a court of summary jurisdiction has refused to make any order, the High Court may order the application to be reheard and determined by a court of summary jurisdiction acting for the same petty sessions district as the court which refused to make any order.

    PART 2
      ORDERS FOR AGREED FINANCIAL PROVISION

        Orders for payments which have been agreed by the parties
        9 (1) Either civil partner may apply to the court for an order under this Part on the ground that that civil partner or the other civil partner has agreed to make such financial provision as may be specified in the application.
        (2) On such an application or on a request under paragraph 14, the court may order that the applicant or the respondent (as the case may be) is to make the financial provision specified in the application or request, if—

        (a) it is satisfied that the applicant or the respondent (as the case may be) has agreed in writing to make that provision, and

        (b) it has no reason to think that it would be contrary to the interests of justice to do so.

        (3) Sub-paragraph (2) is subject to paragraph 12.
        (4) The making of an order under this Part ("Part 2 order") does not prevent the making of an order under Part 1 ("Part 1 order") on a subsequent application for a Part 1 order.
        (5) On the making of a Part 2 order, the Part 1 order ceases to have effect.
        (6) Sub-paragraph (5) does not affect the power of the court under Part 6 to revoke the Part 1 order.

        Meaning of "financial provision" and of references to specified financial provision
        10 (1) In this Part "financial provision" means any one or more of the following—

        (a) the making of periodical payments by one civil partner to the other;

        (b) the payment of a lump sum by one civil partner to the other;

        (c) the making of periodical payments by one civil partner to a child of the family or to the other civil partner for the benefit of such a child;

        (d) the payment by one party of a lump sum to a child of the family or to the other civil partner for the benefit of such a child.

        (2) Any reference in this Part to the financial provision specified in an application under this Part or a request under paragraph 14 or specified by the court is a reference—

        (a) to the type of provision specified in the application or request or by the court,

        (b) to the amount so specified as the amount of any payment to be made under the application or order, and

        (c) in the case of periodical payments, to the term so specified as the term for which the payments are to be made.

        Evidence to be produced where respondent not present etc.
        11 (1) This paragraph applies if the respondent—

        (a) is not present, or

        (b) is not represented by counsel or a solicitor,

        at the hearing of an application for an order under this Part.
        (2) The court must not make an order under this Part unless there is produced to it such evidence as may be prescribed by rules of court of—

        (a) the consent of the respondent to the making of the order,

        (b) the financial resources of the respondent, and

        GC 300

        (c) if the financial provision specified in the application includes or consists of provision in respect of a child of the family to be made by the applicant to the respondent for the benefit of the child or to the child, the financial resources of the child.

        Exercise of powers in relation to children
        12 (1) This paragraph applies if the financial provision specified in an application under this Part or a request under paragraph 14—

        (a) includes, or

        (b) consists of,

        provision in respect of a child of the family.
        (2) The court must not make an order under this Part unless it considers that the provision which the applicant or the respondent (as the case may be) has agreed to make in respect of the child provides for, or makes a proper contribution towards, the financial needs of the child.

        Power to make alternative orders
        13 (1) This paragraph applies if on an application under this Part or a request under paragraph 14 the court decides—

        (a) that it would be contrary to the interests of justice to make an order for the making of the financial provision specified in the application or request, or

        (b) that any financial provision which the applicant or the respondent (as the case may be) has agreed to make in respect of a child of the family does not provide for, or make a proper contribution towards, the financial needs of that child.

        (2) If the court is of the opinion—

        (a) that it would not be contrary to the interests of justice to make an order for the making of some other financial provision specified by the court, and

        (b) that, in so far as that other financial provision contains any provision for a child of the family, it provides for, or makes a proper contribution towards, the financial needs of that child,

        then, if both the civil partners agree, the court may order the applicant or the respondent (as the case may be) is to make that other financial provision.

        Request for order under this Part in proceedings under Part 1
        14 (1) On an application for an order under Part 1, both civil partners may, before the determination of the application, request the court to make an order under this Part that the applicant or the respondent (as the case may be) is to make the financial provision specified in the request.
        (2) If an order is made under this Part on a request under this paragraph the application for the Part 1 order is to be treated as if it had been withdrawn.
        (3) In any of the following provisions of this Schedule —

        (a) references to an application for an order under this Part include a request under this paragraph, and

        (b) references to an applicant or respondent, in relation to any such request, are to the applicant or respondent in relation to the pending application under Part 1.

    PART 3
      ORDERS OF COURT WHERE CIVIL PARTNERS LIVING APART BY AGREEMENT

        Powers of court where civil partners are living apart by agreement
        15 (1) If—

        (a) the civil partners have been living apart for a continuous period exceeding 3 months, neither civil partner having deserted the other, and

        (b) one of the civil partners has been making periodical payments for the benefit of the other civil partner or of a child of the family,

        GC 301
        the other civil partner may apply to the court for an order under this Part.
        (2) An application made under sub-paragraph (1) must specify the total amount of the payments made by the respondent during the period of 3 months immediately preceding the date of the making of the application.
        (3) If on an application for an order under this Part the court is satisfied that the respondent has made the payments specified in the application, the court may make one or both of the orders set out in paragraph 16.
        (4) Sub-paragraph (3) is subject to the provisions of this Schedule.

        The orders that may be made under this Part
        16 (1) The orders are—

        (a) an order that the respondent is to make to the applicant such periodical payments for such term as may be specified;

        (b) an order that the respondent is to make—

        (i) to the applicant for the benefit of a child of the family to whom the application relates, or

        (ii) to a child of the family to whom the application relates, such periodical payments for such term as may be specified.

        (2) "Specified" means specified in the order.

        Restrictions on orders under this Part
        17 The court in the exercise of its powers under this Part must not require—

        (a) the respondent to make payments whose total amount during any period of 3 months exceeds the total amount paid by him for the benefit of—

        (i) the applicant, or

        (ii) a child of the family,

        during the period of 3 months immediately preceding the date of the making of the application;

        (b) the respondent to make payments to or for the benefit of any person which exceed in amount the payments which the court considers that it would have required the respondent to make to or for the benefit of that person on an application under Part 1;

        (c) payments to be made to or for the benefit of a child of the family who is not the respondent's child, unless the court considers that it would have made an order in favour of that child on an application under Part 1.

        Relationship with powers under Part 1
        18 (1) Sub-paragraph (2) applies if on an application under this Part the court considers that the orders which it has the power to make under this Part—

        (a) would not provide reasonable maintenance for the applicant, or

        (b) if the application relates to a child of the family, would not provide, or make a proper contribution towards, reasonable maintenance for that child.

        (2) The court—

        (a) must refuse to make an order under this Part, but

        (b) may treat the application as if it were an application for an order under Part 1.

        Matters to be taken into consideration
        19 Paragraphs 4 to 6 apply in relation to an application for an order under this Part as they apply in relation to an application for an order under Part 1, subject to the modification that for the
        GC 302
        reference in paragraph 5(2)(c) to the occurrence of the conduct which is alleged as the ground of the application substitute a reference to the living apart of the civil partners.

    PART 4
      INTERIM ORDERS

        Circumstances in which interim orders may be made
        20 (1) This paragraph applies if an application has been made for an order under Part 1, 2 or 3.
        (2) The court may make an interim order—

        (a) at any time before making a final order on, or dismissing, the application, or

        (b) on refusing (under paragraph 8) to make an order on the application.

        (3) The High Court may make an interim order on ordering the application to be reheard by a court (after the refusal of an order under paragraph 8).
        (4) The county court may make an interim order on an appeal from the order made by the court on the application at any time before making a final order on, or dismissing, an appeal made by virtue of paragraph 46.
        (5) Not more than one interim order may be made with respect to an application for an order under Part 1, 2 or 3.
        (6) Sub-paragraph (5) does not affect the power of a court to make an interim order on a further application under Part 1, 2 or 3.

        Meaning of interim order
        21 (1) An interim order is an order requiring the respondent to make such periodical payments as the court thinks reasonable—

        (a) to the applicant,

        (b) to any child of the family who is under 18, or

        (c) to the applicant for the benefit of such a child.

        (2) In relation to an interim order in respect of an application for an order under Part 2 by the civil partner who has agreed to make the financial provision specified in the application, subparagraph (1) applies as if—

        (a) the reference to the respondent were a reference to the applicant, and

        (b) the references to the applicant were references to the respondent.

        When interim order may start
        22 (1) An interim order may provide for payments to be made from such date as the court may specify, except that the date must not be earlier than the date of the making of the application for an order under Part 1, 2 or 3.
        (2) Sub-paragraph (1) is subject to paragraph 27(10) and (11).

        Payments which can be treated as having been paid on account
        23 (1) If an order under Part 1, 2 or 3 made by the county court on an appeal from the court provides for payments to be made from a date earlier than the date of the making of the order, the interim order may provide that payments made by the respondent under an order made by the court are to be treated, to such extent and in such manner as may be provided by the interim order, as having been paid on account of any payment provided for by the interim order.
        (2) In relation to an interim order in respect of an application for an order under Part 2 by the civil partner who has agreed to make the financial provision specified in the application, subparagraph (1) applies as if the reference to the respondent were a reference to the applicant.

        When interim order ceases to have effect
        24 (1) Subject to sub-paragraphs (2) and (3), an interim order made on an application for an order under Part 1, 2 or 3 ceases to have effect on the earliest of the following dates—

        (a) the date, if any, specified for the purpose in the interim order;

        GC 303

        (b) the date on which the period of 14 weeks from the date of the making of the interim order ends;

        (c) the date on which the court either makes a final order on, or dismisses, the application, or, where the interim order was made by a county court on an appeal, the date on which that court either makes a final order on, or dismisses, the appeal.

        (2) If an interim order made under this Part would, but for this sub-paragraph, cease to have effect under sub-paragraph (1)(a) or (b)—

        (a) the court which made the order, or

        (b) in the case of an interim order made by the High Court, the court by which the application for an order under Part I, 2 or 3 is to be reheard,

        may by order provide that the interim order is to continue in force for a further period.
        (3) An order continued in force under sub-paragraph (2) ceases to have effect on the earliest of the following dates—

        (a) the date, if any, specified for the purpose in the order continuing it;

        (b) the date on which ends the period of 14 weeks from—

        (i) the date of the making of the order continuing it, or

        (ii) if more than one such order has been made with respect to the application, the date of the making of the first such order;

        (c) the date on which the court either makes a final order on, or dismisses, the application, or, where the interim order was made by a county court on an appeal, the date on which that court either makes a final order on, or dismisses, the appeal.

        Supplementary
        25 An interim order made by the High Court under paragraph 20(3) on ordering an application to be reheard by the court is to be treated for the purposes of—

        (a) its enforcement, and

        (b) Part 6 (variation etc. of orders),

        as if it were an order of the court (and not of the High Court).

    PART 5
      COMMENCEMENT AND DURATION OF ORDERS UNDER PARTS 1, 2 AND 3

        Duration of periodical payments order for a civil partner
        26 (1) The court may specify in a periodical payments order made under paragraph 2(1)(a) or Part 3 in favour of a civil partner such term as it thinks fit, except that the term must not—

        (a) begin before the date of the making of the application for the order, or

        (b) extend beyond the death of either of the civil partners.

        (2) If—

        (a) a periodical payments order is made under paragraph 2(1)(a) or Part 3 in favour of one of the civil partners, and

        (b) the civil partnership is subsequently dissolved or annulled but the order continues in force,

        the periodical payments order ceases to have effect (regardless of anything in it) on the formation of a subsequent civil partnership or marriage by that civil partner, except in relation to any arrears due under the order on the date of that event.
        (3) If a periodical payments order ceases to have effect by virtue of sub-paragraph (2) on the formation of a subsequent civil partnership or marriage by a person, that person must give notice of the subsequent civil partnership or marriage to the court.
        (4) Any person who without reasonable excuse fails to give notice as required by sub-paragraph (3) is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

        Age limit on making orders for financial provision for children and duration of such orders
        27 (1) Subject to sub-paragraph (5), no order is to be made under paragraph 2(1)(c) or (d) or Part 3 in favour of a child who has reached 18.
        (2) The term to be specified in a periodical payments order made under paragraph 2(1)(c) or Part 3 in favour of a child may begin with—

        (a) the date of the making of an application for the order or a later date, or

        (b) a date ascertained in accordance with sub-paragraph (7) or (8).

        (3) The term to be specified in such an order—

        (a) must not in the first instance extend beyond the date of the birthday of the child next following his reaching the upper limit of the compulsory school age unless the court considers that in the circumstances of the case the welfare of the child requires that it should extend to a later date, and

        (b) must not in any event, subject to sub-paragraph (5), extend beyond the date of the child's 18th birthday.

        (4) In sub-paragraph (3)(a) "compulsory school age" has the meaning given in Article 46 of the Education and Libraries (Northern Ireland) Order 1986 (S.I. 1986/594 (N.I.3)).
        (5) Sub-paragraphs (1) and (3)(b) do not apply in the case of a child if it appears to the court that—

        (a) the child is, or will be, or, if such an order were made without complying with either or both of those provisions, would be—

        (i) receiving instruction at an educational establishment, or

        (ii) undergoing training for a trade, profession or vocation,

        whether or not also the child is, will be or would be, in gainful employment, or

        (b) there are special circumstances which justify the making of the order without complying with either or both of sub-paragraphs (1) and (3)(b).

        (6) Any order made under paragraph 2(1)(c) or Part 3 in favour of a child, regardless of anything in the order, ceases to have effect on the death of the person liable to make payments under the order.
        (7) An order made under paragraph 2(1)(c) or Part 3 in favour of a child to whom sub-paragraph (5)(a)(i) applies ceases to have effect if the child ceases to receive instruction or undergo training as mentioned in sub-paragraph (5)(a)(i).
        (8) If an order made under paragraph 2(1)(c) or Part 3 ceases to have effect by virtue of an event mentioned in sub-paragraph (7), the person to whom the periodical payments are directed by the order to be made must give notice of the event to the court.
        (9) A person who without reasonable excuse fails to give notice as required by sub-paragraph (8) is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
        (10) If—

        (a) a maintenance calculation ("current calculation") is in force with respect to a child, and

        (b) an application is made for an order under paragraph 2(1)(c) or Part 3 before the end of 6 months beginning with the making of the current calculation,

        GC 305
        the term to be specified in any such order made on that application may be expressed to begin on, or at any time after, the earliest permitted date.
        (11) "The earliest permitted date" is whichever is the later of—

        (a) the date 6 months before the application is made, or

        (b) the date on which the current calculation took effect or, where successive maintenance calculations have been continuously in force with respect to a child, on which the first of those calculations took effect.

        (12) If—

        (a) a maintenance calculation ceases to have effect by or under any provision of the Child Support (Northern Ireland) Order 1991 (S.I. 1991/2628 (N.I. 23)), and

        (b) an application is made, before the end of 6 months beginning with the relevant date, for a periodical payments order under paragraph 2(1)(c) or Part 3 in favour of a child with respect to whom that maintenance calculation was in force immediately before it ceased to have effect,

        the term to be specified in any such order, or in any interim order under Part 4, made on that application, may begin with the relevant date or any later date.
        (13) "The relevant date" means the date on which the maintenance calculation ceased to have effect.
        (14) In this Schedule "maintenance calculation" means a calculation of maintenance made under the Child Support (Northern Ireland) Order 1991 and includes, except in circumstances prescribed for the purposes of the definition of that expression in Article 2(2) of that Order, a default or interim maintenance decision within the meaning of that Order.

        Application of paragraphs 26 and 27 to Part 2 orders
        28 (1) Subject to sub-paragraph (3), paragraph 26 applies in relation to an order under Part 2 which requires periodical payments to be made to a civil partner for his own benefit as it applies in relation to an order under paragraph 2(1)(a).
        (2) Subject to sub-paragraph (3), paragraph 27 applies in relation to an order under Part 2 for the making of financial provision in respect of a child of the family as it applies in relation to an order under paragraph 2(1)(c) or (d).
        (3) If—

        (a) the court makes an order under Part 2 which contains provision for the making of periodical payments, and

        (b) by virtue of paragraph 14, an application for an order under Part I is treated as if it had been withdrawn,

        the term which may be specified under Part 2 as the term for which the payments are to be made may begin with the date of the making of the application for the order under Part 1 or any later date.

        Effect on certain orders of parties living together
        29 (1) Sub-paragraph (2) applies if periodical payments are required to be made to a civil partner (whether for the civil partner's own benefit or for the benefit of a child of the family)—

        (a) by an order made under Part 1 or 2, or

        (b) by an interim order made under Part 4 (otherwise than on an application under Part 3).

        (2) The order is enforceable even if—

        (a) the civil partners are living with each other at the date of the making of the order, or

        (b) if they are not living with each other at that date, they subsequently resume living with each other;

        but the order ceases to have effect if after that date the civil partners continue to live with each other, or resume living with each other, for a continuous period exceeding 6 months.
        (3) Sub-paragraph (4) applies if—

        (a) an order is made under Part 1 or 2 which requires periodical payments to be made to a child of the family, or

        (b) an interim order is made under Part 4 (otherwise than on an application under Part 3) which requires periodical payments to be made to a child of the family.

        (4) Unless the court otherwise directs, the order continues to have effect and is enforceable even if—

        (a) the civil partners are living with each other at the date of the making of the order, or

        (b) if they are not living with each other at that date, they subsequently resume living with each other.

        (5) An order made under Part 3, and any interim order made on an application for an order under that Part, ceases to have effect if the civil partners resume living with each other.
        (6) If an order made under this Schedule ceases to have effect under—

        (a) sub-paragraph (2) or (5), or

        (b) a direction given under sub-paragraph (4),

        the court may, on an application made by either civil partner, make an order declaring that the order ceased to have effect from such date as the court may specify.
        (7) If an order made under this Schedule ceases to have effect under sub-paragraph (2) or (5), the civil partners shall give notice of that fact to the court straight away.

    PART 6
      VARIATION ETC. OF ORDERS

        Power to vary, revoke, suspend or revive order
        30 (1) If the court has made an order for the making of periodical payments under Part 2 or 3, it may, on an application made under this Part—

        (a) vary or revoke the order,

        (b) suspend any provision of it temporarily, or

        (c) revive any provision so suspended,

        (2) If the court has made an order under Part 4, it may, on an application made under this Part—

        (a) vary or revoke the order,

        (b) suspend any provision of it temporarily, or

        (c) revive any provision so suspended,

        except that it may not by virtue of this sub-paragraph extend the period for which the order is in force.

        Powers to order lump sum on variation
        31 (1) If the court has made an order under paragraph 2(1)(a) or (c) for the making of periodical payments, it may, on an application made under this Part, make an order for the payment of a lump sum under paragraph 2(1)(b) or (d).
        (2) If the court has made an order under Part 2 for the making of periodical payments by a civil partner, it may, on an application made under this Part, make an order for the payment of a lump sum by that civil partner—

        (a) to the other civil partner, or

        (b) to a child of the family or to that other civil partner for the benefit of that child.

        (3) Where the court has power by virtue of this paragraph to make an order for the payment of a lump sum—

        (a) the amount of the lump sum must not exceed the maximum amount that may at that time be required to be paid under Part 1, but

        (b) the court may make an order for the payment of a lump sum not exceeding that amount even if the person required to pay it was required to pay a lump sum by a previous order under this Schedule.

        (4) Where—

        (a) the court has power by virtue of this paragraph to make an order for the payment of a lump sum, and

        (b) the respondent or the applicant (as the case may be) has agreed to pay a lump sum of an amount exceeding the maximum amount that may at that time be required to be paid under Part 1,

        the court may, regardless of sub-paragraph (3), make an order for the payment of a lump sum of that amount.

        Power to specify when order as varied is to take effect
        32 An order made under this Part which varies an order for the making of periodical payments may provide that the payments as so varied are to be made from such date as the court may specify, except that, subject to paragraph 33, the date must not be earlier than the date of the making of the application under this Part.
        33 (1) If—

        (a) there is in force an order ("the order")—

        (i) under paragraph 2(1)(c),

        (ii) under Part 2 making provision of a kind set out in paragraph 10(1)(c) (regardless of whether it makes provision of any other kind mentioned in paragraph 10(1)(c)),

        (iii) under paragraph 16(1)(b), or

        (iv) which is an interim order under Part 4 under which the payments are to be made to a child or to the applicant for the benefit of a child,

        (b) the order requires payments specified in it to be made to or for the benefit of more than one child without apportioning those payments between them,

        (c) a maintenance calculation ("the calculation") is made with respect to one or more, but not all, of the children with respect to whom those payments are to be made, and

        (d) an application is made, before the end of 6 months beginning with the date on which the calculation was made, for the variation or revocation of the order,

        the court may, in exercise of its powers under this Part to vary or revoke the order, direct that the variation or revocation is to take effect from the date on which the calculation took effect or any later date.
        (2) If—

        (a) an order ("the child order") of a kind prescribed for the purposes of Article 12(1) of the Child Support (Northern Ireland) Order 1991 (S.I. 1991/2628 (N.I. 23)) is affected by a maintenance calculation,

        (b) on the date on which the child order became so affected there was in force an order ("the civil partner's order")—

        (i) under paragraph 2(1)(a),

        (ii) under Part 2 making provision of a kind set out in paragraph 10(1)(a) (regardless of whether it makes provision of any other kind mentioned in paragraph 10(1)(a)),

        (iii) under paragraph 16(1)(a), or

        (iv) which is an interim order under Part 4 under which the payments are to be made to the applicant (otherwise than for the benefit of a child), and

        GC 308

        (c) an application is made, before the end of 6 months beginning with the date on which the maintenance calculation was made, for the civil partner's order to be varied or revoked,

        the court may, in exercise of its powers under this Part to vary or revoke the civil partner's order, direct that the variation or revocation is to take effect from the date on which the child order became so affected or any later date.
        (3) For the purposes of sub-paragraph (2), an order is affected if it ceases to have effect or is modified by or under Article 12 of the 1991 Order.

        Matters to which court is to have regard in exercising powers under this Part
        34 (1) In exercising the powers conferred by this Part the court must, so far as it appears to the court just to do so, give effect to any agreement which has been reached between the civil partners in relation to the application.
        (2) If—

        (a) there is no such agreement, or

        (b) the court decides not to give effect to the agreement,

        the court must have regard to all the circumstances of the case, giving first consideration to the welfare while under 18 of any child of the family who has not reached 18.
        (3) Those circumstances include any change in any of the matters—

        (a) to which the court was required to have regard when making the order to which the application relates, or

        (b) in the case of an application for the variation or revocation of an order made under Part 2 or on an appeal, to which the court would have been required to have regard if that order had been made under Part 1.

        Variation of orders for periodical payments: further provisions
        35 (1) The power of the court under paragraphs 30 to 34 to vary an order for the making of periodical payments includes power, if the court is satisfied that payment has not been made in accordance with the order, to exercise one of its powers under Article 85(3)(a) to (d) of the Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)).
        (2) Sub-paragraph (1) is subject to paragraph 37.
        36 (1) If—

        (a) a court of summary jurisdiction has made an order under this Schedule for the making of periodical payments, and

        (b) payments under the order are required to be made by any method of payment falling within Article 85(7) of the 1981 Order (standing order, etc.),

        an application may be made under this sub-paragraph to the clerk of petty sessions for the order to be varied as mentioned in sub-paragraph (2).
        (2) Subject to sub-paragraph (4), if an application is made under sub-paragraph (1), the clerk, after—

        (a) serving written notice of the application on the respondent, and

        (b) allowing the respondent, within the period of 14 days from the date of the serving of that notice, an opportunity to make written representations,

        may vary the order to provide that payments under the order are to be made to the collecting officer.
        (3) The clerk may proceed with an application under subparagraph (1) even if the respondent has not received written notice of the application.
        (4) If an application has been made under sub-paragraph (1), the clerk may, if he considers it inappropriate to exercise his power under sub-paragraph (2), refer the matter to the court which, subject to paragraph 37, may vary the order by exercising one of its powers under Article 85(3)(a) to (d) of the 1981 Order.
        37 (1) Before varying the order by exercising one of its powers under Article 85(3)(a) to (d) of the 1981 Order, the court must have regard to any representations made by the parties to the application.
        (2) If the court does not propose to exercise its power under Article 85(3)(c), or (d) of the 1981 Order, the court must, unless upon representations expressly made in that behalf by the person to whom payments under the order are required to be made it is satisfied that it is undesirable to do so, exercise its power under Article 85(5)(b).
        38 (1) Article 85(5) of the 1981 Order (power of court to order that account be opened) applies for the purposes of paragraphs 35 and 36(4) as it applies for the purposes of Article 85.
        (2) None of the powers of the court, or of the clerk of petty sessions, conferred by paragraphs 35 to 37 and sub-paragraph (1) is exercisable in relation to an order under this Schedule for the making of periodical payments which is not a qualifying maintenance order (within the meaning of Article 85 of the 1981 Order).

        Persons who may apply under this Part.
        39 An application under paragraph 30, 31 or 36 may be made—

        (a) if it is for the variation or revocation of an order under Part 1, 2, 3 or 4 for periodical payments, by either civil partner, and

        (b) if it is for the variation of an order under paragraph 2(1)(c) or Part 2 or 3 for periodical payments to or in respect of a child, also by the child himself, if he has reached 16.

        Revival of orders for periodical payments
        40 (1) If an order made by the court under this Schedule for the making of periodical payments to or in respect of a child (other than an interim order) ceases to have effect—

        (a) on the date on which the child reaches 16, or

        (b) at any time after that date but before or on the date on which he reaches 18,

        the child may apply to the court for an order for its revival.
        (2) If on such an application it appears to the court that—

        (a) the child is, will be or (if an order were made under this sub-paragraph) would be receiving instruction at an educational establishment or undergoing training for a trade, profession or vocation, whether or not while in gainful employment, or

        (b) there are special circumstances which justify the making of an order under this sub-paragraph,

        the court may by order to revive the order from such date as the court may specify, not being earlier than the date of the making of the application.
        (3) Any order revived under this paragraph may be varied or revoked under paragraphs 30 to 34 in the same way as it could have been varied or revoked had it continued in being.

        Variation of instalments or remission of lump sum
        41 (1) If in the exercise of its powers under Article 97 of the 1981 Order the court orders that a lump sum required to be paid under this Schedule is to be paid by instalments, the court, on an application made by either the person liable to pay or the person entitled to receive that sum, may vary that order by varying—

        (a) the number of instalments payable,

        (b) the amount of any instalment payable, and

        (c) the date on which any instalment becomes payable.

        (2) On the hearing of a complaint for the enforcement, revocation, suspension or variation of an order under this Schedule which provides for the payment of a lump sum the court may remit the whole or any part of that sum.

        Supplementary provisions with respect to variation and revocation of orders
        42 The powers of a court of summary jurisdiction to revoke, suspend, revive or vary an order for the periodical payment of money and the power of the clerk of petty sessions to vary such an order under Article 86 of the 1981 Order do not apply in relation to an order made under this Schedule.
    PART 7
      ARREARS AND REPAYMENTS
        Enforcement etc. of orders for payment of money
        43 Article 36 of the Domestic Proceedings (Northern Ireland) Order 1980 (S.I. 1980/563 (N.I. 5)) applies in relation to orders under this Schedule as it applies in relation to orders under that Order.

        Orders for repayment after cessation of order because of subsequent civil partnership etc.
        44 (1) Sub-paragraphs (3) and (4) apply if—

        (a) an order made under paragraph 2(1)(a) or Part 2 or 3 has, under paragraph 26(2), ceased to have effect because of the formation of a subsequent civil partnership or marriage by the party ("R") in whose favour it was made, and

        (b) the person liable to make payments under the order ("P") made payments in accordance with it in respect of a relevant period in the mistaken belief that the order was still subsisting.

        (2) "Relevant period" means a period after the date of the formation of the subsequent civil partnership or marriage.
        (3) No proceedings in respect of a cause of action arising out of the circumstances mentioned in sub-paragraph (1)(a) and (b) is maintainable by P (or P's personal representatives) against R (or R's personal representatives).
        (4) But on an application made under this paragraph by P (or P's personal representatives) against R (or R's personal representatives) the court—

        (a) may order the respondent to an application made under this paragraph to pay to the applicant a sum equal to the amount of the payments made in respect of the relevant period, or

        (b) if it appears to the court that it would be unjust to make that order, may—

        (i) order the respondent to pay to the applicant such lesser sum as it thinks fit, or

        (ii) dismiss the application.

        (5) An order under this paragraph for the payment of any sum may provide for the payment of that sum by instalments of such amount as may be specified in the order.
        (6) An application under this paragraph—

        (a) may be made in proceedings in the High Court for leave to enforce, or in proceedings in the High Court or a court of summary jurisdiction for the enforcement of, the payment of arrears under an order made under paragraph 2(1)(a) or Part 2 or 3, but

        (b) if not made in such proceedings, must be made to a county court,

        and accordingly references in this paragraph to the court are references to the High Court or a county court or a court of summary jurisdiction, as the circumstances require.
        (7) The jurisdiction conferred on a county court by this paragraph is exercisable by a county court even though, because of the amount claimed in an application under this paragraph, the jurisdiction would not but for this sub-paragraph be exercisable by a county court.
        (8) A person dissatisfied with an order made by a county court in the exercise of the jurisdiction conferred by this paragraph or with the dismissal of any application instituted by him under the provisions of this paragraph shall be entitled to appeal from the order or from the dismissal as if the order or dismissal had been made in exercise of the jurisdiction conferred by Part 3 of the County Courts (Northern Ireland) Order 1980 (S.I. 1980/397 (N.I. 3)) and the appeal brought under Part 6 of that Order, and Articles 61 (cases stated by county court judge) and 62 (cases stated by High Court on appeal from county court) of that Order shall apply accordingly.
        (9) Subject to sub-paragraph (10), the collecting officer of a court of summary jurisdiction to whom any payments under an order made under paragraph 2(1)(a) or Part 2 or 3, or under an attachment of earnings order made to secure payments under the first-mentioned order, are required to be made is not liable—

        (a) for any act done by him in pursuance of the first-mentioned order after the date on which that order or a provision of it ceased to have effect because of the formation of a subsequent civil partnership or marriage by the person entitled to payments under it, and

        (b) for any act done by him after that date in accordance with any statutory provision specifying how payments made to him in compliance with the attachment of earnings order are to be dealt with.

        (10) Sub-paragraph (9) applies if (but only if) the act—

        (a) was one which he would have been under a duty to do had the order under paragraph 2(1)(a) or Part 2 or 3 not ceased to have effect, and

        (b) was done before notice in writing of the formation of the subsequent civil partnership or marriage was given to him by or on behalf of—

        (i) the person entitled to payments under the order,

        (ii) the person liable to make payments under it, or

        (iii) the personal representatives of either of them.

        (11) In this paragraph—
        "collecting officer" means the officer mentioned in Article 85(2) or (3) of the Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)), and
        "statutory provision" has the meaning given by section HO of the Interpretation Act (Northern Ireland) 1954 (c.33(N.1,)).

    PART 8
      SUPPLEMENTARY

        Restrictions on making of orders under this Schedule: welfare of children
        45 If—

        (a) an application is made by a civil partner for an order under Part 1, 2 or 3, and

        (b) there is a child of the family who is under 18,

        the court must not dismiss or make a final order on the application until it has decided whether to exercise any of its powers under the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2)) with respect to the child.

        Application of certain provisions of the Domestic Proceedings (Northern Ireland) Order 1980
        46 Articles 30 to 35 of the Domestic Proceedings (Northern Ireland) Order 1980 (S.I. 1980/563 (N.I. 5)) apply in relation to an order under this Schedule relating to a civil partnership as they apply in relation to an order under that Order relating to a marriage.

        Interpretation
        47 (1) In this Schedule "child of the family", in relation 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 a voluntary organisation, who has been treated by both the civil partners as a child of their family.

        (2) In sub-paragraph (1) "authority" and "voluntary organisation" have the same meaning as in the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2)).
        (3) References in this Schedule to a subsequent civil partnership include a civil partnership which is by law void or voidable.
        (4) References in this Schedule to a subsequent marriage include a marriage which is by law void or voidable."
        Before Schedule 14, insert the following new schedule—
        FINANCIAL RELIEF IN NORTHERN IRELAND AFTER OVERSEAS DISSOLUTION ETC. OF A CIVIL PARTNERSHIP

    PART 1
      FINANCIAL RELIEF

        Part applies where civil partnership has been dissolved etc. overseas
        1 (1) This Part of this Schedule applies where—

        (a) a civil partnership has been dissolved or annulled, or the civil partners have been legally separated, by means of judicial or other proceedings in an overseas country, and

        (b) the dissolution, annulment or legal separation is entitled to be recognised as valid in Northern Ireland.

        (2) This Part of this Schedule applies even if the date of the dissolution, annulment or legal separation is earlier than the date on which the Part comes into force.
        (3) In this Schedule "overseas country" means a country or territory outside the United Kingdom, the Channel Islands and the Isle of Man.
        (4) In this Part of this Schedule "child of the family". means;—

        (a) a child of both of the civil partners, and

        (b) any other child, other than a child placed with them as foster parents or by an authority or voluntary organisation, who has been treated by both the civil partners as a child of their family.

        (5) In sub-paragraph (4) "authority" and "voluntary organisation" have the same meaning as in the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2)).

        Either civil partner may make application for financial relief
        2 (1) Either of the civil partners may make an application to the court for an order under paragraph 9 or 13.
        (2) The rights conferred by sub-paragraph (1) are subject to—

        (a) paragraph 3 (civil partner may not apply after forming subsequent civil partnership etc.), and

        (b) paragraph 4 (application may not be made until leave to make it has been granted).

        (3) An application for an order under paragraph 9 or 13 must be made in a manner prescribed by rules of court.

        No application after formation of subsequent civil partnership or marriage
        3 (1) If—

        (a) the civil partnership has been dissolved or annulled, and

        (b) after the dissolution or annulment, one of the civil partners forms a subsequent civil partnership or marriage,

        GC 313
        that civil partner shall not be entitled to make, in relation to the civil partnership, an application for an order under paragraph 9 Or 13.
        (2) The reference in sub-paragraph (1) to the forming of a subsequent civil partnership or marriage includes a reference to the forming of a civil partnership or marriage which is by law void or voidable.

        Leave of court required for making of application
        4 (1) No application for an order under paragraph 9 or 13 shall be made unless the leave of the court has been obtained in accordance with rules of court.
        (2) The court shall not grant leave under this paragraph unless it considers that there is substantial ground for the making of an application for such an order.
        (3) The court may grant leave under this paragraph notwithstanding that an order has been made by a court in a country outside Northern Ireland requiring the other civil partner to make any payment, or transfer any property, to the applicant or to a child of the family.
        (4) Leave under this paragraph may be granted subject to such conditions as the court thinks fit.

        Interim orders for maintenance
        5 (1) Where—

        (a) leave is granted under paragraph 4, and

        (b) it appears to the court that the civil partner who applied for leave, or any child of the family, is in immediate need of financial assistance,

        the court may, subject to sub-paragraph (4), make an interim order for maintenance.
        (2) An interim order for maintenance is one requiring the other civil partner to make—

        (a) to the applicant, or

        (b) to the child,

        such periodical payments as the court thinks reasonable for such term as the court thinks reasonable.
        (3) The term must be one—

        (a) beginning not earlier than the date of the grant of leave, and

        (b) ending with the date of the determination of the application made under the leave.

        (4) If it appears to the court that the court will, in the event of an application being made under the leave, have jurisdiction to entertain the application only under paragraph 7(4), the court shall not make an interim order under this paragraph.
        (5) An interim order under this paragraph may be made subject to such conditions as the court thinks fit.

        Paragraphs 7 and 8 apply where application made for relief under paragraph 9 or 13
        6 Paragraphs 7 and 8 apply where—

        (a) one of the civil partners has been granted leave under paragraph 4, and

        (b) acting under the leave, that civil partner makes an application for an order under paragraph 9 or 13.

        Jurisdiction of the court
        7 (1) The court shall have jurisdiction to entertain the application only if one or more of the following jurisdictional requirements is satisfied.
        (2) The first requirement is that either of the civil partners—

        (a) was domiciled in Northern Ireland on the date when the leave was applied for, or

        (b) was domiciled in Northern Ireland on the date when the dissolution, annulment or legal separation took effect in the overseas country in which it was obtained.

        (3) The second is that either of the civil partners—

        (a) was habitually resident in Northern Ireland throughout the period of one year ending with the date when the leave was applied for, or

        (b) was habitually resident in Northern Ireland throughout the period of one year ending with the date on which the dissolution, annulment or legal separation took effect in the overseas country in which it was obtained.

        (4) The third is that either or both of the civil partners had, at the date when the leave was applied for, a beneficial interest in possession in a dwelling-house situated in Northern Ireland which was at some time during the civil partnership a civil partnership home of the civil partners.
        (5) In sub-paragraph (4) "possession" includes receipt of, or the right to receive, rents and profits, but here "rent" does not include mortgage interest.

        Duty of the court to consider whether Northern Ireland is appropriate venue for application
        8 (1) Before deciding the application, the court must consider whether in all the circumstances of the case it would be appropriate for an order of the kind applied for to be made by a court in Northern Ireland.
        (2) If the court is not satisfied that it would be appropriate, the court shall dismiss the application.
        (3) The court must, in particular, have regard to the following matters—

        (a) the connection which the civil partners have with Northern Ireland;

        (b) the connection which the civil partners have with the country in which the civil partnership was dissolved or annulled or in which they were legally separated;

        (c) the connection which the civil partners have with any other country outside Northern Ireland;

        (d) any financial benefit which, in consequence of the dissolution, annulment or legal separation—

        (i) the applicant, or

        (ii) a child of the family, has received, or is likely to receive, by virtue of any agreement or the operation of the law of a country outside Northern Ireland;

        (e) in case where an order has been made by a court in a country outside Northern Ireland requiring the other civil partner—

        (i) to make any payment, or

        (ii) to transfer any property,

        for the benefit of the applicant or a child of the family, the financial relief given by the order and the extent to which the order has been complied with or is likely to be complied with;

        (f) any right which the applicant has, or has had, to apply for financial relief from the other civil partner under the law of any country outside Northern Ireland and, if the applicant has omitted to exercise that right, the reason for that omission;

        (g) the availability in Northern Ireland of any property in respect of which an order under this Schedule in favour of the applicant could be made;

        (h) the extent to which any order made under this Schedule is likely to be enforceable;

        (i) the length of time which has elapsed since the date of the dissolution, annulment or legal separation.

        Orders for financial provision, property adjustment and pension sharing
        9 (1) Sub-paragraphs (2) and (3) apply where one of the civil partners has made an application for an order under this paragraph.
        (2) If the civil partnership has been dissolved or annulled, the court may on the application make any one or more of the orders which it could make under Part 1, 2 or 3 of Schedule (Financial relief in the High Court or a county court etc.: Northern Ireland) (financial provision, property adjustment and pension sharing) if a dissolution order or nullity order had been made in respect of the civil partnership under Chapter 2 of Part 4 of this Act.
        (3) If the civil partners have been legally separated, the court may on the application make any one or more of the orders which it could make under Part 1 or 2 of Schedule (Financial relief in the High Court or a county court etc.: Northern Ireland) (financial provision and property adjustment) if a separation order had been made in respect of the civil partners under Chapter 2 of Part 4 of this Act.
        (4) The powers under sub-paragraphs (2) and (3) are subject to paragraph 11.

        Matters to which court is to have regard in exercising its powers under paragraph 9
        10 (1) The court, in deciding—

        (a) whether to exercise its powers under paragraph 9, and

        (b) if so, in what way,

        must act in accordance with this paragraph.
        (2) The court must have regard to all the circumstances of the case, giving first consideration to the welfare, while under 18, of any child of the family who has not reached 18.
        (3) The court, in exercising its powers under paragraph 9 in relation to one of the civil partners—

        (a) must in particular have regard to the matters mentioned in paragraph 16(2) of Schedule (Financial relief in the High Court or a county court etc.: Northern Ireland), and

        (b) shall be under duties corresponding to those imposed by sub-paragraphs (2) and (3) of paragraph 18 of that Schedule (duties to consider termination of financial obligations) where it decides to exercise under paragraph 9 powers corresponding to the powers referred to in those sub-paragraphs.

        (4) The matters to which the court is to have regard under subparagraph (3)(a)—

        (a) so far as relating to paragraph 16(2)(a) of Schedule (Financial relief in the High Court or a county court etc.: Northern Ireland) (regard to be had to financial resources), include any benefits under a pension arrangement which either of the civil partners has or is likely to have (whether or not in the foreseeable future), and

        (b) so far as relating to paragraph 16(2)(h) of that Schedule (regard to be had to benefits that cease to be acquirable), include any benefits under a pension arrangement which, because of the dissolution or annulment of the civil partnership, one of the civil partners will lose the chance of acquiring.

        (5) The court, in exercising its powers under paragraph 9 in relation to a child of the family, must in particular have regard to the matters mentioned in paragraph 17(2) of Schedule (Financial relief in the High Court or a county court etc.: Northern Ireland).
        (6) The court, in exercising its powers under paragraph 9 against a civil partner ("A") in favour of a child of the family who is not A's child, must also have regard to the matters mentioned in paragraph 17(3) of Schedule (Financial relief in the High Court or a county court etc.: Northern Ireland).
        (7) Where an order has been made by a court outside Northern Ireland for—

        (a) the making of payments, or

        (b) the transfer of property,

        by one of the civil partners, the court in considering in accordance with this paragraph the financial resources of the other civil partner, or of a child of the family, shall have regard to the extent to which that order has been complied with or is likely to be complied with.
        (8) In this paragraph—

        (a) "pension arrangement" has the same meaning as in Part 3 of Schedule (Financial relief in the High Court or a county court etc.: Northern Ireland), and

        (b) references to benefit under a pension arrangement include any benefits by way of pension, whether under a pension arrangement or not.

        Restriction of powers under paragraph 9 where jurisdiction depends on civil partnership home in Northern Ireland
        11 (1) Sub-paragraphs (2) to (4) apply where the court has jurisdiction to entertain an application for an order under paragraph 9 only because a dwelling-house which was a civil partnership home of the civil partners is situated in Northern Ireland.
        (2) The court may make under paragraph 9 any one or more of the following orders (but no other)—

        (a) an order that one of the civil partners shall pay to the other a specified lump sum;

        (b) an order that one of the civil partners shall pay to a child of the family, or to a specified person for the benefit of a child of the family, a specified lump sum;

        (c) an order that one of the civil partners shall transfer that civil partner's interest in the dwelling-house, or a specified part of that interest—

        (i) to the other,

        (ii) to a child of the family, or

        (iii) to a specified person for the benefit of a child of the family;

        (d) an order that a settlement of the interest of one of the civil partners in the dwelling-house, or a specified part of that interest, be made to the satisfaction of the court for the benefit of any one or more of—

        (i) the other civil partner and the children of the family, or

        (ii) either or any of them;

        (e) an order varying for the benefit of any one or more of—

        (i) the civil partners and the children of the family, or

        (ii) either or any of them,

        a relevant settlement so far as that settlement relates to an interest in the dwelling-house;

        (f) an order extinguishing or reducing the interest of either of the civil partners under a relevant settlement so far as that interest is an interest in the dwelling-house;

        (g) an order for the sale of the interest of one of the civil partners in the dwelling-house.

        (3) Where under paragraph 9 the court makes just one order for the payment of a lump sum by one of the civil partners, the amount of the lump sum must not exceed the amount specified in subparagraph (5).
        (4) Where under paragraph 9 the court makes two or more orders each of which is an order for the payment of a lump sum by the same civil partner, the total of the amounts of the lump sums must not exceed the amount specified in sub-paragraph (5).
        (5) That amount is—

        (a) if the interest of the paying civil partner in the dwelling-house is sold in pursuance of an order made under sub-paragraph (2)(g), the amount of the proceeds of sale of that interest after deducting from those proceeds any costs incurred in the sale of that interest;

        (b) if that interest is not so sold, the amount which in the opinion of the court represents the value of that interest.

        (6) Where the interest of one of the civil partners in the dwelling-house is held jointly or in common with any other person or persons—

        (a) the reference in sub-paragraph (2)(g) to the interest of one of the civil partners shall be construed as including a reference to the interest of that other person, or the interest of those other persons, in the dwelling-house, and

        (b) the reference in sub-paragraph (5)(a) to the amount of the proceeds of a sale ordered under sub-paragraph (2)(g) shall be construed as a reference to that part of those proceeds which is attributable to the interest of that civil partner in the dwelling-house.

        (7) In sub-paragraph (2)—
        "relevant settlement" means a settlement made, during the subsistence of the civil partnership or in anticipation of its formation, on the civil partners, including one made by will or codicil;
        "specified" means specified in the order.

        Consent orders under paragraph 9
        12 (1) On an application for a consent order under paragraph 9, the court may make an order in the terms agreed on the basis only of the prescribed information furnished with the application.
        (2) Sub-paragraph (1) does not apply if the court has reason to think that there are other circumstances into which it ought to inquire.
        (3) Sub-paragraph (1) applies to an application for a consent order varying or discharging an order under paragraph 9 as it applies to an application for such an order.
        (4) Sub-paragraph (1) applies despite paragraph 10.
        (5) In this paragraph—
        "consent order", in relation to an application for an order, means an order in the terms applied for to which the respondent agrees;
        "prescribed" means prescribed by rules of court.

        Orders for transfers of tenancies of dwelling-houses
        13 (1) This paragraph applies if—

        (a) an application is made by one of the civil partners for an order under this paragraph, and

        (b) one of the civil partners is entitled, either in his own right or jointly with the other civil partner, to occupy a dwelling-house in Northern Ireland by virtue of a tenancy which is a tenancy mentioned in Schedule 2 to the Family Homes and Domestic Violence (Northern Ireland) Order 1998 (S.I. 1998/1071 (N.I. 6)).

        (2) The court may make in relation to that dwelling-house any order which it could make under Part 2 of that Schedule (order transferring tenancy or switching statutory tenants) if it had power to make a property adjustment order under Part 2 of Schedule (Financial relief in the High Court or a county court etc.: Northern Ireland) to this Act with respect to the civil partnership.
        (3) The provisions of paragraphs 9, 10 and 13(1) of Schedule 2 to the Family Homes and Domestic Violence (Northern Ireland) Order 1998 (payments by transferee, pre-transfer liabilities and
        GC 318
        right of landlord to be heard) apply in relation to any order under this paragraph as they apply to any order under Part 2 of that Schedule.

        Application to orders under paragraphs 5 and 9 of provisions of Schedule ( Financial relief in the High Court or a county court etc.: Northern Ireland)
        14 (1) The following provisions of Schedule (Financial relief in the High Court or a county court etc.: Northern Ireland) apply in relation to an order made under paragraph 5 or 9 of this Schedule as they apply in relation to a like order made under that Schedule—

        (a) paragraph 3(1) to (3) and (7) (lump sums);

        (b) paragraphs 12, 13 and 14(2) to (4) (pension sharing);

        (c) paragraphs 20 and 21 (orders under Part 1 relating to pensions);

        (d) paragraphs 34(1) to (4) and (6) and 36 (duration of orders);

        (e) paragraphs 37 to 39 and 42 to 47, except paragraph 37(1)(g) (variation etc. of orders);

        (f) paragraphs 48 to 50 (arrears and repayments);

        (g) paragraphs 63 to 66 (drafting of instruments, bankruptcy, mental disorder, and pension-sharing appeals).

        (2) Sub-paragraph (1)(d) does not apply where the court has jurisdiction to entertain an application for an order under paragraph 9 only because a dwelling-house which was a civil partnership home of the civil partners is situated in Northern Ireland.
        (3) Paragraph 22 of Schedule (Financial relief in the High Court or a county court etc.: Northern Ireland) (change of pension arrangement under which rights are shared) applies in relation to an order made under paragraph 9 of this Schedule by virtue of subparagraph (1)(d) as it applies to an order made under Part 1 of Schedule (Financial relief in the High Court or a county court etc.: Northern Ireland) by virtue of paragraph 20 to 21 of that Schedule.
        (4) The Lord Chancellor may by regulations make for the purposes of this Schedule provision corresponding to any provision which may be made by him under paragraph 23(1) to (3) of Schedule (Financial relief in the High Court or a county court etc.: Northern Ireland) (supplementary provision about orders relating to pensions under Part 1 of that Schedule).
        (5) The power to make regulations under this paragraph is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).
        (6) Regulations under this paragraph are subject to annulment in pursuance of a resolution of either House of Parliament in the same manner as a statutory instrument; and section 5 of the Statutory Instruments Act 1946 (c. 36) applies accordingly.

        Avoidance of transactions designed to defeat claims under paragraphs 5 and 9
        15 (1) Sub-paragraphs (2) and (3) apply where one of the civil partners ("A") is granted leave under paragraph 4 to make an application for an order under paragraph 9.
        (2) If the court is satisfied, on application by A, that the other civil partner ("B") is, with the intention of defeating a claim by A, about to—

        (a) make any disposition, or

        (b) transfer out of the jurisdiction, or otherwise deal with, any property,

        it may make such order as it thinks fit for restraining B from doing so or otherwise for protecting the claim.
        (3) If the court is satisfied, on application by A—

        (a) that the other civil partner ("B") has, with the intention of defeating a claim by A, made a reviewable disposition, and

        (b) that, if the disposition were set aside—

        (i) financial relief under paragraph 5 or 9, or

        (ii) different financial relief under paragraph 5 or 9, would be granted to A,

        it may make an order setting aside the disposition.
        (4) If—

        (a) an order under paragraph 5 or 9 has been made by the court at the instance of one of the civil partners ("A"), and

        (b) the court is satisfied, on application by A, that the other civil partner ("B") has, with the intention of defeating a claim by A, made a reviewable disposition,

        the court may make an order setting aside the disposition.
        (5) Where the court has jurisdiction to entertain an application for an order under paragraph 9 only under paragraph 7(4), it shall not make any order under sub-paragraph (2), (3) or (4) in respect of any property other than the dwelling-house concerned.
        (6) Where the court makes an order under sub-paragraph (3) or (4) setting aside a disposition, it shall give such consequential directions as it thinks fit for giving effect to the order (including directions requiring the making of any payments or the disposal of any property).
        (7) For the purposes of sub-paragraphs (3) and (4), but subject to sub-paragraph) (8), any disposition made by B is a reviewable disposition" (whether made before or after the commencement of A's application under that sub-paragraph).
        (8) A disposition made by B is not a reviewable disposition for those purposes if made for valuable consideration (other than formation of a civil partnership) to a person who, at the time of the disposition, acted in relation to it in good faith and without notice of any intention on the part of B to defeat A's claim.
        (9) A reference in this paragraph to defeating a claim by one of the civil partners is a reference to—

        (a) preventing financial relief being granted, or reducing the amount of financial relief which might be granted, under paragraph 5 or 9 at the instance of that civil partner, or

        (b) frustrating or impeding the enforcement of any order which might be, or has been, made under paragraph 5 or 9 at the instance of that civil partner.

        Presumptions for the purposes of paragraph 15
        16 (1) Sub-paragraph (3) applies where—

        (a) an application is made under paragraph 15(2) or (3) by one of the civil partners with respect to—

        (i) a disposition which took place less than 3 years before the date of the application, or

        (ii) a disposition or other dealing with property which is about to take place, and

        (b) the court is satisfied that the disposition or other dealing would (apart from paragraph 15 and this paragraph of this Schedule) have the consequence of defeating a claim by the applicant.

        (2) Sub-paragraph (3) also applies where—

        (a) an application is made under paragraph 15(4) by one of the civil partners with respect to a disposition which took place less than 3 years before the date of the application, and

        (b) the court is satisfied that the disposition has had the consequence of defeating a claim by the applicant.

        (3) It shall be presumed, unless the contrary is shown, that the person who—

        (a) disposed of, or

        (b) is about to dispose of or deal with the property,

        did so, or (as the case may be) is about to do so, with the intention of defeating the applicant's claim.
        (4) A reference in this paragraph to defeating a claim by one of the civil partners has the meaning given by paragraph 15(9).

    PART 2
      STEPS TO PREVENT AVOIDANCE PRIOR TO APPLICATION FOR LEAVE UNDER PARAGRAPH 4

        Prevention of transactions intended to defeat prospective claims under paragraphs 5 and 9
        17 (1) If it appears to the court, on application by one of the persons ("A") who formed a civil partnership—

        (a) that the civil partnership has been dissolved or annulled, or that the civil partners have been legally separated, by means of judicial or other proceedings in an overseas country,

        (b) that A intends to apply for leave to make an application for an order under paragraph 9 as soon as he or she has been habitually residence in Northern Ireland for the period of one year, and

        (c) that the other civil partner ("B") is, with the intention of defeating A's claim, about to—

        (i) make any disposition, or

        (ii) transfer out of the jurisdiction, or otherwise deal with, any property,

        the court may make such order as it thinks fit for restraining B from taking such action as is mentioned in paragraph (c).
        (2) Sub-paragraph (1) applies even if the date of the dissolution, annulment or legal separation is earlier than the date on which that sub-paragraph comes into force.
        (3) Sub-paragraph (4) applies where—

        (a) an application is made under sub-paragraph (1) with respect to—

        (i) a disposition which took place less than 3 years before the date of the application, or

        (ii) a disposition or other dealing with property which is about to take place, and

        (b) the court is satisfied that the disposition or other dealing would (apart from this paragraph of this Schedule) have the consequence of defeating a claim by the applicant.

        (4) It shall be presumed, unless the contrary is shown, that the person who—

        (a) disposed of, or

        (b) is about to dispose of or deal with the property,

        did so, or (as the case may be) is about to do so, with the intention of defeating the applicant's claim.
        (5) A reference in this paragraph to defeating a person's claim is a reference to preventing financial relief being granted, or reducing the amount of financial relief which might be granted, under paragraph 5 or 9 at the instance of that person.

    PART 3
      SUPPLEMENTARY

        Paragraphs 15 to 17: meaning of "disposition" and saving
        18 (1) In paragraphs 15 to 17 "disposition" does not include any provision contained in a will or codicil but, with that exception, includes any conveyance, assurance or gift of property of any description, whether made by an instrument or otherwise.
        (2) The provisions of paragraphs 15 to 17 are without prejudice to any power of the court to grant injunctions under section 91 of the Judicature (Northern Ireland) Act 1978 (c. 23).

        Interpretation of Schedule
        19 In this Schedule—
        "the court" means the High Court;
        "dwelling-house" includes—

        (a) any building, or part of a building, which is occupied as a dwelling, and

        (b) any yard, garden, garage or outhouse belonging to, and occupied with, the dwelling-house;

        "overseas country" has the meaning given by paragraph 1(3)."
        Before Schedule 14, insert the following new schedule—

      HOUSING AND TENANCIES: NORTHERN IRELAND

        Rent ( Northern Ireland) Order 1978 (S.I 1978/1050 (N.I. 20))
        1 In Article 14 (extended discretion of court), in paragraph (2), after "spouse" (in both places) insert "or civil partner".
        2 (1) Amend Schedule 1 (statutory tenants by succession) as follows.
        (2) In paragraph 2, after "surviving spouse" insert ", or surviving civil partner,".
        (3) In paragraph 7, after "surviving spouse" insert ", or surviving civil partner,".
        3 In Schedule 4 (grounds for possession), in Case 3 in Part 1 (dwelling-house required as residence for landlord or member of his family), in paragraph (d), for "wife or husband" substitute "spouse or civil partner".

        Housing (Northern Ireland) Order 1981 (S.I 1981/156 (N.I. 3))
        4 (1) Amend Article 2A (meaning of member of a person's family) as follows.
        (2) In paragraph (1)(a)—

        (a) after "spouse" insert "or civil partner", and

        (b) after "live together as husband and wife" insert "or as if they were civil partners".

        (3) In paragraph (2)(a), after "a relationship by marriage" insert "or civil partnership".

        Housing (Northern Ireland) Order 1983 [H.L.]983/1118 (N.I. 15))
        5 (1) In Article 24 (interpretation), amend paragraph (3) (meaning of member of another's family) as follows.
        (2) After "spouse" insert ", civil partner".
        (3) After "marriage" insert "or civil partnership".
        (4) After "live together as husband and wife" insert "or as if they were civil partners".
        6 (1) Amend Article 26 (succession on death of tenant) as follows.
        (2) In paragraph (2)(a), after "spouse" insert "or civil partner".
        (3) In paragraph (3)(a), after "spouse" insert "or civil partner".
        (4) In paragraph (4), for "paragraph (4A)" substitute "paragraphs (4A) and (4B)".
        (5) After paragraph (4A) insert—
        "(4B) A tenant to whom the tenancy was assigned in pursuance of an order under any of the following provisions of the Civil Partnership Act 2004—

        (a) Part 2 of Schedule (Financial relief in the High Court or a county court etc.: Northern Ireland); or

        (b) paragraph 9(2) or (3) of Schedule (Financial relief in Northern Ireland after overseas dissolution etc. of a civil partnership),

        is a successor only if the other civil partner was a successor."
        7 In Article 32 (assignments), in paragraph (1), after sub-paragraph (a) insert—
        "(aa) the assignment is made in pursuance of an order made under Part 2 of Schedule (Financial relief in the High Court or a county court etc.: Northern Ireland), or paragraph 9(2) or (3) of Schedule (Financial relief in Northern Ireland after overseas dissolution etc. of a civil partnership), to the Civil Partnership Act 2004; or".
        8 In Article 33 (other disposals), in paragraph (2), after sub-paragraph (a) insert—
        "(aa) the vesting or other disposal is in pursuance of an order made under Part 2 of Schedule (Financial relief in the High Court or a county court etc.: Northern Ireland), or paragraph 9(2) or (3) of Schedule (Financial relief in Northern Ireland after overseas dissolution etc. of a civil partnership), to the Civil Partnership Act 2004; or".
        9 In Article 94 (subletting or assignment), in paragraph (2), after "1978" insert "or Part 2 of Schedule (Financial relief in the High Court or a county court etc.: Northern Ireland), or paragraph 9(2) or (3) of Schedule (Financial relief in Northern Ireland after overseas dissolution etc. of a civil partnership), to the Civil Partnership Act 2004".
        10 In Schedule 3 (grounds for possession of dwelling-houses let under secure tenancies), in Ground 2A—

        (a) for "a married couple or" substitute "a married couple, a couple who are civil partners of each other", and

        (b) after "as husband and wife" insert "or a couple living together as if they were civil partners".

        Housing (Northern Ireland) Order 2003 ( S.I. 2003/412 (N.I. 2))
        11 (1) Amend Article 3 (meaning of a person's family) as follows.
        (2) In paragraph (1)(a)—

        (a) after "spouse" insert "or civil partner", and

        (b) after "live together as husband and wife" insert "or as if they were civil partners".

        (3) In paragraph (2)(a), after "a relationship by marriage" insert "or civil partnership".
        12 In Article 13 (persons qualified to succeed tenant under an introductory tenancy), in paragraph (a), after "spouse" insert "or civil partner".
        13 Article 14 (cases where tenant is a successor), in paragraph (2), after sub-paragraph (c) insert—
        "(d) Part 2 of Schedule (Financial relief in die High Court or a county court etc.: Northern Ireland), or paragraph 9(2) or (3) of Schedule (Financial relief in Northern Ireland after overseas dissolution etc. of a civil partnership), to the Civil Partnership Act 2004 (property adjustment orders in connection with civil partnership proceedings or after overseas dissolution of civil partnership, etc.),".
        14 (1) Amend Article 15 (persons qualified to succeed tenant under an introductory tenancy) as follows.
        (2) In paragraph (2)(a), after "spouse" insert "or civil partner".
        (3) In paragraph (3)(a), after head (iv) insert—
        "(v) Part 2 of Schedule (Financial relief in the High Court or a county court etc.: Northern Ireland), or paragraph 9(2) or (3) of Schedule (Financial relief in Northern Ireland after overseas dissolution etc. of a civil partnership), to the Civil Partnership Act 2004 (property adjustment orders in connection with civil partnership proceedings or after overseas dissolution of civil partnership, etc.),".
        15 Article 16 (assignment in general prohibited), in paragraph (2)(a), after head (iv) insert—
        "(v) Part 2 of Schedule (Financial relief in the High Court or a county court etc.: Northern Ireland), or paragraph 9(2) or (3) of Schedule (Financial relief in Northern Ireland after overseas dissolution etc. of a civil partnership), to the Civil

        GC 323
        Partnership Act 2004 (property adjustment orders in connection with civil partnership proceedings or after overseas dissolution of civil partnership, etc.),".
        16 In Article 28 (interpretation of Part 3), in the definition of "partner"—

        (a) after "spouse" (in both places) insert "or civil partner", and

        (b) after "husband or wife" insert "or as if they were civil partners"."

        Before Schedule 14, insert the following new schedule—

    FAMILY HOMES AND DOMESTIC VIOLENCE: NORTHERN IRELAND
      PART 1

        AMENDMENTS OF THE FAMILY HOMES AND DOMESTIC VIOLENCE (NORTHERN IRELAND) ORDER (S.I. 1998/1071 (N.I. 6)
        1 (1) Amend Article 2 (interpretation) as follows.
        (2) In paragraph (2), after the definition of "health" insert—
        ""home rights" has the meaning given by Article 4;".
        (3) In the definition of "matrimonial charge" in that paragraph, after "matrimonial" insert "or civil partnership".
        (4) Omit the definition of "matrimonial home rights" in that paragraph.
        (5) In the definition of "relative" in that paragraph—

        (a) in paragraphs (a) and (b) for "spouse or former spouse" substitute "spouse, former spouse, civil partner or former civil partner", and

        (b) after "were married to each other" inset "or were civil partners of each other".

        (6) After paragraph (2)(g) insert—
        "(h) the Civil Partnership Act 2004."
        (7) In paragraph (7), after "matrimonial" insert "or civil partnership".
        2 (1) Amend Article 3 (meaning of "cohabitees", "relevant child" and "associated persons") as follows.
        (2) For paragraph (1)(a) substitute—
        (a) ""cohabitees" are two persons who are neither married to each other nor civil partners of each other but are living together as husband and wife or as if they were civil partners;".
        (3) In paragraph (1)(b), after "have subsequently married each other" insert "or become civil partners of each other".
        (4) After paragraph (3)(a) insert—
        "(aa) they are or have been civil partners of each other;".
        (5) After paragraph (3)(e) insert—
        "(eza) they have entered into a civil partnership agreement (as defined by section (Civil partnership agreements unenforceable) of the Civil Partnership Act 2004) (whether or not that agreement has been terminated);".
        3 (1) Amend Article 4 (rights concerning matrimonial home where one spouse has no estate, etc.) as follows.
        (2) In paragraph (1)—

        (a) in sub-paragraph (a)—

        (i) after "one spouse" insert "or civil partner ("A")", and

        (ii) for "that spouse" substitute "A",

        (b) in sub-paragraph (b), after "other spouse" insert "or civil partner ("B")".

        (3) In paragraph (2)—

        (a) for "the spouse not so entitled" substitute "B",

        (b) for "("matrimonial home rights")" substitute "("home rights")", and

        GC 324

        (c) in sub-paragraph (a), for "the other spouse" substitute "A".

        (4) In paragraph (3)—

        (a) for "a spouse" and for "that spouse" substitute "B", and

        (b) for "the other spouse" (in both places) substitute "A".

        (5) In paragraph (4)—

        (a) for "A spouse's" substitute "B's",

        (b) in sub-paragraph (a), for "by the other spouse as the other spouse's" substitute "by A as A's", and

        (c) in sub-paragraph (b)—

        (i) for "the spouse occupies the dwelling-house as that spouse's" substitute "B occupies the dwelling-house as B's", and

        (ii) for "by the other spouse as the other spouse's" substitute "by A as A's".

        (6) In paragraph (5)—

        (a) for "a spouse ("the first spouse")" substitute "B", and

        (b) in sub-paragraph (b), for "the other spouse ("the second spouse")" substitute "A",

        (c) for "the second spouse" (in both places) substitute "A", and

        (d) for "the first spouse" substitute "B".

        (7) In paragraph (6)—

        (a) for "a spouse" substitute "B", and

        (b) for "the other spouse" (in both places) substitute "A".

        (8) In paragraph (7), for the words from first "which" to the end substitute "which—

        (a) in the case of spouses, has at no time been, and was at no time intended by them to be, a matrimonial home of theirs; and

        (b) in the case of civil partners, has at no time been, and was at no time intended by them to be, a civil partnership home of theirs."

        (9) In paragraph (8)—

        (a) for "A spouse's matrimonial home rights" substitute "B's home rights",

        (b) in sub-paragraph (a), after "marriage" insert "or civil partnership", and

        (c) in sub-paragraph (b), for "the other spouse" substitute "A".

        (10) In paragraph (9)—

        (a) for "a spouse" substitute "a person",

        (b) for "matrimonial home rights" substitute "home rights", and

        (c) after "spouses" insert "or civil partners".

        (11) In the heading to Article 4, for "matrimonial home where one spouse" substitute "home where one spouse or civil partner" and, in the preceding cross-heading, after "matrimonial" insert "or civil partnership".
        4 (1) Amend Article 5 (effect of matrimonial home rights as charge on dwelling-house) as follows.
        (2) In paragraph (1), for "marriage, one spouse" substitute "marriage or civil partnership, A".
        (3) In paragraph (2), for "The other spouse's matrimonial home rights" substitute "B's home rights".
        (4) In paragraph (3)—

        (a) in sub-paragraph (a), for "the spouse so entitled" substitute "A", and

        (b) in sub-paragraph (b), after "marriage" insert 'or of the formation of the civil partnership".

        (5) In paragraph (4)—

        (a) for "a spouse's matrimonial home rights" substitute "B's home rights",

        (b) for "the other spouse" substitute "A", and

        (c) for "either of the spouses" substitute "A or B".

        (6) In paragraph (5), for "the other spouse" substitute "A".
        (7) In paragraph (6), for "the spouses" substitute "A and B".
        (8) In paragraph (7)—

        (a) for "a spouse's matrimonial home rights" substitute "B's home rights",

        (b) in sub-paragraph (a), for "the other spouse" substitute "A", and

        (c) in sub-paragraph (b), after "marriage" insert "or civil partnership".

        (9) In paragraph (8)—

        (a) in sub-paragraph (a), for "a spouse's matrimonial home rights" substitute "B's home rights", and

        (b) for "the other spouse" (in both places) substitute "A".

        (10) In the heading to Article 5, for "matrimonial home rights" substitute "home rights".
        5 (1) Amend Article 6 (registration, etc. of matrimonial charge) as follows.
        (2) In paragraphs (1), (3), (4), (5) and (6), after "matrimonial" insert "or civil partnership".
        (3) In the heading to Article 6, after "matrimonial" insert "or civil partnership".
        6 (1) Amend Article 7 (restriction on registration where spouse entitled to more than one matrimonial charge) as follows.
        (2) In paragraphs (1), (2) and (3), after "spouse" (in each place) insert "or civil partner".
        (3) In paragraphs (1), (2), (3) and (4), after "matrimonial" (in each place) insert "or civil partnership".
        (4) In paragraph (3), for "matrimonial home rights" substitute "home rights".
        (5) In the heading to Article 7, after "matrimonial" insert "or civil partnership".
        7 (1) Amend Article 8 (cancellation of registration of matrimonial charge before completion of disposal of dwelling-house) as follows.
        (2) In paragraphs (1) and (2), after "matrimonial" insert "or civil partnership".
        (3) In the heading to Article 8, after "matrimonial" insert "or civil partnership".
        8 (1) Amend Article 9 (cancellation of registration after termination of marriage, etc.) as follows.
        (2) In paragraph (1), for "matrimonial charge" substitute "matrimonial or civil partnership charge".
        (3) In paragraphs (1)(a), (2)(a) and (b) and (3), after "spouse" insert "or civil partner".
        (4) In paragraphs (1)(b), (2)(a) and (4), after "marriage" (in each place) insert "or civil partnership".
        (5) In paragraphs (1)(c), (2), (3) and (4), after "matrimonial" (in each place) insert "or civil partnership".
        (6) In paragraph (1)(c), for "spouse's matrimonial home rights" substitute "spouse's or civil partner's home rights".
        (7) In the heading to Article 9, after "marriage" insert "or civil partnership".
        9 (1) Amend Article 10 (release of matrimonial home rights and postponement of priority of matrimonial charge) as follows.
        (2) In paragraph (1), for "spouse entitled to matrimonial home rights" substitute "spouse or civil partner entitled to home rights".
        (3) In paragraphs (2) and (3), for "matrimonial charge" (in each place) substitute "matrimonial or civil partnership charge".
        (4) In paragraph (2), for "matrimonial home rights" substitute "home rights".
        (5) In paragraph (3), after "spouse" insert "or civil partner".
        (6) In the heading to Article 10, after "matrimonial" (in each place) insert "or civil partnership".
        10 (1) Amend Article 11 (occupation orders where applicant has estate or interest etc. or has matrimonial home rights) as follows.
        (2) In paragraph (1)(a)(ii), for "matrimonial home rights" substitute "home rights".
        (3) After paragraph (2) insert—
        "(2A) If a civil partnership agreement (within the meaning of the Civil Partnership Act 2004) is terminated, no application under this Article may be made by virtue of Article 3(3)(eza) by reference to that agreement after the end of the period of three years beginning with the day on which it is terminated."
        (4) In paragraph (3)(f)—

        (a) for "matrimonial home rights" substitute "home rights", and

        (b) after "spouse" insert "or civil partner".

        (5) In paragraph (4), for "matrimonial home rights" substitute "home rights".
        (6) In paragraph (5)—

        (a) for "matrimonial home rights" substitute "home rights",

        (b) after "is the other spouse" insert "or civil partner",

        (c) after "during the marriage" insert "or civil partnership",

        (d) in sub-paragraph (a), after "spouse" insert "or civil partner", and

        (e) in sub-paragraph (b), after "marriage" insert "or civil partnership".

        (7) In the heading to Article 11, for "matrimonial home rights" substitute "home rights".
        11 In Article 12 (effect of order under Article 11 where rights are charge on dwelling-house), in paragraph (1)—

        (a) for "a spouse's matrimonial home rights" substitute "B's home rights", and

        (b) for "the other spouse" (in each place) substitute "A".

        12 (1) Amend Article 13 (one former spouse with no existing right to occupy) as follows.
        (2) In paragraph (1)(a) and (b), after "former spouse" insert "or former civil partner".
        (3) For paragraph (1)(c) substitute—
        "(c) the dwelling house—

        (i) in the case of former spouses, was at any time their matrimonial home or was at any time intended by them to be their matrimonial home, or

        (ii) in the case of former civil partners, was at any time their civil partnership home or was at any time intended by them to be their civil partnership home."

        (4) In paragraph (2), after "former spouse" (in both places) insert "or former civil partner".
        (5) In paragraph (6)(f), after "marriage" insert "or civil partnership".
        (6) After paragraph (6)(g)(i), insert—
        "(ia) for a property adjustment order under Part 2 of Schedule (Financial relief in the High Court or a county court etc.: Northern Ireland) to the Civil Partnership Act 2004;".
        (7) In paragraph (9)(a), after "former spouses" insert "or former civil partners".
        (8) In paragraphs (11) and (12), after "former spouse" insert "or former civil partner".
        (9) For paragraph (13)(a) and (b) substitute—
        "(a) as if he were B (the person entitled to occupy the dwelling-house by virtue of that Article); and
        (b) as if the respondent were A (the person entitled as mentioned in paragraph (1)(a) of that Article)."
        (10) In the heading to Article 13, after "former spouse" insert "or former civil partner".
        13 In Article 14 (one cohabitee or former cohabitee with no existing right to occupy), for paragraph (13)(a) and (b) substitute—
        "(a) as if he were B (the person entitled to occupy the dwelling-house by virtue of that Article); and
        (b) as if the respondent were A (the person entitled as mentioned in paragraph (1)(a) of that Article)."
        14 (1) Amend Article 15 (neither spouse entitled to occupy) as follows.
        (2) After paragraph (1) insert—
        "(1A) This article also applies if—

        (a) one civil partner or former civil partner and the other civil partner or former civil partner occupy a dwelling-house which is or was the civil partnership home; but

        (b) neither of them is entitled to remain in occupation—

        (i) by virtue of a beneficial estate or contract; or

        (ii) by virtue of any statutory provision giving him the right to remain in occupation."

        (3) In paragraph (3)(c), for "spouses" substitute "parties".
        (4) In the heading to Article 15, after "spouse" insert "or civil partner".
        15 In Article 20 (non-molestation orders), after paragraph (4) insert—
        "(4ZA) If a civil partnership agreement (within the meaning of the Civil Partnership Act 2004) is terminated, no application under this Article may be made by virtue of Article 3(3)(eza) by reference to that agreement after the end of the period of three years beginning with the day on which it is terminated."
        16 (1) In Article 22 (evidence of agreement to marry), after paragraph (2) insert—
        "(3) Subject to paragraph (4), the court shall not make an order under Article 11 or 20 by virtue of Article 3(3)(eza) unless there is produced to it evidence in writing of the existence of the civil partnership agreement (within the meaning of the Civil Partnership Act 2004).
        (4) Paragraph (3) does not apply if the court is satisfied that the civil partnership agreement was evidenced by—

        (a) a gift by one party to the agreement to the other as a token of the agreement, or

        (b) a ceremony entered into by the parties in the presence of one or more other persons assembled for the purpose of witnessing the ceremony."

        (2) In the heading to Article 22, after "marry" insert "or form a civil partnership".
        17 In Article 24 (variation and discharge of orders), in paragraph (3)—

        (a) for "a spouse's matrimonial home rights are" substitute "B's home rights are, under Article 12,", and

        (b) for "the other spouse" (in each place) substitute "A".

        18 (1) Amend Article 31 (dwelling-house subject to mortgage) as follows.
        (2) In paragraphs (3)(a) and (4), for "matrimonial home rights" substitute "home rights".
        (3) In paragraph (5), after "spouse, former spouse" insert ", civil partner, former civil partner".
        19 (1) Amend Article 33 (actions by mortgages: service of notice on certain persons) as follows.
        (2) In paragraphs (1) and (2), after "matrimonial" insert "or civil partnership".
        20 (1) Amend Article 39 (appeals) as follows.
        (2) At the end of paragraph (2)(b) insert "or

        (c) where the county court is a civil partnership proceedings county court exercising jurisdiction under the Civil Partnership Act 2004."

        (3) At the end of paragraph (6) insert "or a civil partnership proceedings county court exercising jurisdiction under the Civil Partnership Act 2004 in the same proceedings".
        21 (1) Amend Schedule 2 (transfer of certain tenancies on divorce etc. or on separation of cohabitees) as follows.
        (2) In paragraph 1(2), before the definition of "cohabitee" insert—
        ""civil partner", except in paragraph 2, includes where the context requires) former civil partner;".
        (3) In paragraph 2(1), after "spouse" (in both places) insert "or civil partner".
        (4) For paragraph 2(2) substitute—
        "(2) The court may make a Part II order—

        (a) on granting a decree of divorce, a decree of nullity of marriage or a decree of judicial separation or at any time thereafter (whether, in the case of a decree of divorce or nullity of marriage, before or after the decree is made absolute), or

        (b) at any time when it has power to make a property adjustment order under Part 2 of Schedule (Financial relief in the High Court or a county court etc.: Northern Ireland) to the Civil Partnership Act 2004 with respect to the civil partnership."

        (5) In paragraph 2(3), after "spouse" insert "or civil partner".
        (6) Omit "or" at the end of paragraph 4(1)(a) and insert—
        "(aa) in the case of civil partners, a civil partnership home; or".
        (7) In paragraph 5(a), after "spouses" insert ", civil partners".
        (8) In paragraph 6, after "spouse" (in both places) insert", civil partner".
        (9) In paragraph 7(1) and (2), after "spouse" (in each place) insert", civil partner".
        (10) For paragraph 7(3) substitute—
        "(3) If the spouse, civil partner or cohabitee so entitled is a successor within the meaning of Chapter 2 of Part 2 of the Housing (Northern Ireland) Order 1983 (S.I. 1983/1118 (N.I. 15))—

        (a) his former spouse (or, in the case of judicial separation, his spouse),

        (b) his former civil partner (or, if a separation order is in force, his civil partner), or

        (c) his former cohabitee,

        is to be deemed also to be a successor within the meaning of that Chapter."

        (11) In paragraph 8(1) and (2)(a) and (b), after "spouse" insert ", civil partner".
        (12) In paragraph 8(3), after "widower" insert "or surviving civil partner".
        (13) In paragraph 9(1) (in both places), after "spouse" insert ", civil partner".
        (14) In paragraph 10(1), after "spouses" insert ", civil partners".
        (15) In paragraph 10(2), after "spouse" insert ", civil partner".
        (16) For paragraph 11 and the heading preceding it, substitute—

        Date when order made between spouses or civil partners takes effect
        11 The date specified in a Part II order as the date on which the order is to take effect must not be earlier than—

        (a) in the case of a marriage in respect of which a decree of divorce or nullity has been granted, the date on which the decree is made absolute;

        (b) in the case of a civil partnership in respect of which a dissolution or nullity order has been made, the date on which the order is made final."

        (17) For paragraph 12 and the heading preceding it substitute—

        Effect of remarriage or subsequent civil partnership
        12 (1) If after the grant of a decree dissolving or annulling a marriage either spouse remarries or forms a civil partnership, that spouse is not entitled to apply, by reference to the grant of that decree, for a Part II order.
        (2) If after the making of a dissolution or nullity order either civil partner forms a subsequent civil partnership or marries, that civil partner is not entitled to apply, by reference to the making of that order, for a Part II order.
        (3) In sub-paragraphs (1) and (2)—

        (a) the references to remarrying and marrying, include references to cases where the marriage is by law void or voidable, and

        (b) the references to forming a civil partnership, include references to cases where the civil partnership is by law void or voidable."

        (18) In paragraph 14(1)—

        (a) after "spouse" insert "or civil partner", and

        (b) for "spouse's matrimonial home rights" substitute "spouse's or civil partner's home rights".

        (19) In paragraph 14(2), after "spouse" insert ", civil partner".

    PART 2
      CONSEQUENTIAL AMENDMENTS
        Land Registration Act (Northern Ireland) 1970 (c. 18)
        22 In Part 1 of Schedule 6 (registration of certain burdens), in paragraph 14A for "matrimonial charge (within the meaning of Article 5(1) of the Family Law (Miscellaneous Provisions) (Northern Ireland) Order 1984 or" substitute "matrimonial or civil partnership charge".
        Registration of Deeds Act (Northern Ireland) 1970 (c. 25)
        23 In section 4(4A), for "matrimonial charge (within the meaning of Article 5(1) of the Family Law (Miscellaneous Provisions) (Northern Ireland) Order 1984 or" substitute "matrimonial or civil partnership charge".

        Land Acquisition and Compensation (Northern Ireland) Order 1973 (S.I. 1973/1896 ( N.I. 21))
        24 (1) Amend Article 30A (spouses having statutory rights of occupation) as follows.
        (2) In paragraph (1)—

        (a) for "one spouse ("A")" substitute "one spouse or civil partner ("A")", and

        (b) for "the other spouse ("B") acquires matrimonial home rights" substitute "the other spouse or civil partner ("B") acquires home rights".

        (3) In paragraph (2), for "matrimonial home rights" substitute "home rights".
        (4) In the heading to Article 30A, after "spouses" insert "and civil partners".

        Rent (Northern Ireland) Order 1978 (S.I. 1978/1050 (N.I. 20))
        25 (1) Amend Article 14 extended discretion of court in certain proceedings for possession) as follows.
        (2) In paragraph (4A)(b), for "tenant's spouse or former spouse, having matrimonial home rights" substitute "tenant's spouse or former spouse, or civil partner or former civil partner, having home rights".
        (3) In paragraph (4B)—

        (a) after "the spouse or former spouse" insert ", or the civil partner or former civil partner,", and

        (b) for "those matrimonial home rights" substitute "those home rights".

        (4) In paragraph (4C)—

        (a) in sub-paragraph (b), for "former spouse of the tenant" substitute "former spouse or former civil partner of the tenant", and

        (b) in sub-paragraph (c) after "former spouse," insert "former civil partner,".

        (5) In paragraph (4D), after "former spouse," insert "former civil partner,".

        Housing (Northern Ireland) Order 1983 (S.I. 1983/1118 (N.I. 15))
        26 In Article 36(1)(d) (rent not to be increased on account of tenant's improvements), after "former spouse" insert "civil partner, former civil partner,".
        27 (1) Amend Article 47 (extended discretion of court in possession claims) as follows.
        (2) In paragraph (5), for "tenant's spouse or former spouse, having matrimonial home rights" substitute "tenant's spouse or former spouse, or civil partner or former civil partner, having home rights".
        (3) In paragraph (6)—

        (a) after "the spouse or former spouse" insert ", or the civil partner or former civil partner", and

        (b) for "those matrimonial home rights" substitute "those home rights".

        (4) In paragraph (7)—

        (a) in sub-paragraph (b), for "former spouse of the tenant" substitute "former spouse or former civil partner of the tenant",

        (b) in sub-paragraph (c), after "former spouse" insert "former civil partner".

        (5) In paragraph (8) after "former spouse," insert "former civil partner,".

        Insolvency (Northern Ireland) Order 1989 (S.I 1989/2405 (N.I. 19))
        28 (1) Amend Article 309 (rights of occupation etc. of bankrupt's spouse) as follows.
        (2) In paragraph (1), for "matrimonial home rights" substitute "home rights".
        (3) In paragraph (2)—

        (a) for "a spouse's matrimonial home rights" substitute "a spouse's or civil partner's home rights", and

        (b) after "the other spouse" (in each place) insert "or civil partner".

        (4) In paragraph (3) after "spouse or former spouse" insert "or civil partner or former civil partner".
        29 (1) Amend Article 310 (rights of occupation of bankrupt) as follows.
        (2) In paragraph (2), for "spouse (if any) has matrimonial home rights" substitute "spouse or civil partner (if any) has home rights".
        (3) In paragraph (3)—

        (a) in sub-paragraph (a), for "matrimonial home rights" substitute "home rights", and

        (b) in sub-paragraph (c), after "spouse" insert or "civil partner".

      PART 3

        TRANSITIONAL PROVISION
        30 (1) Any reference (however expressed) in any enactment, instrument or document (whether passed or made before or after the passing of this Act)—

        (a) to rights of occupation under, or within the meaning of, Part II of the Family Law (Miscellaneous Provisions) (Northern Ireland) Order 1984 (S.I. 1984/1984 (N.I. 14)), or

        (b) to matrimonial home rights under, or within the meaning of, the Family Homes and Domestic Violence (Northern Ireland) Order 1998 (S.I. 1998/1071 (N.I. 6)),

        is to he construed, so far as is required for continuing the effect of the instrument or document, as being or as the case requires including a reference to home rights under, or within the meaning of, the 1998 Order as amended by this Schedule.

        (2) Any reference (however expressed) in the 1998 Order or in any other enactment, instrument or document (including any enactment amended by this Schedule) to home rights under, or within the meaning of, the 1998 Order is to be construed as including, in relation to times, circumstances and purposes before the commencement of this Schedule, references to rights of occupation under, or within the meaning of, Part II of the 1984 Order and to matrimonial home rights under, or within the meaning of. the 1998 Order without the amendments made by this Schedule.
        (3) Any reference (however expressed) in any enactment, instrument or document (whether passed or made before or after the passing of this Act) to a matrimonial charge under, or within the meaning of—

        (a) Article 5(1) of the 1984 Order, or

        (b) the 1998 Order,

        is to be construed, so far as is required for continuing the effect of the instrument or document, as being or as the case requires including a reference to a matrimonial or civil partnership charge under. or within the meaning of, the 1998 Order as amended by this Schedule.

        (4) Any reference (however expressed) in the 1998 Order or in any other enactment, instrument or document (including any enactment amended by this Schedule) to a matrimonial or civil partnership charge under, or within the meaning of, the 1998 Order is to be construed as including, in relation to times, circumstances and purposes before the commencement of this Schedule, references to a matrimonial charge under, or within the meaning of—

        (a) Article 5(1) of the 1984 Order, or

        (b) the 1998 Order."

        On Question, amendments agreed to.
        Schedule 14 agreed to.
        Clauses 154 and 155 agreed to.
        Clause 156 [The same-sex requirement]:
        [Amendment No. 64 not moved.]
        Clause 156 agreed to.
        Clause 157 [Person domiciled in a part of the United Kingdom]:
        [Amendment No. 65 not moved.]
        Clause 157 agreed to.
        Clause 158 [The public policy exception]:
        On Question, Whether Clause 158 shall stand part of the Bill?
        Lord Henley: I understand that this is to be the last Question that we shall deal with today before we move to social security matters next week. As it is the last Question, I apologise to the Committee for speaking at this late hour and assure the noble Baroness that I will be brief.
        The clause concerns the public policy exception and provides that:
        "Two people are not to be treated as having formed a civil partnership as a result of having entered into an overseas relationship if it would be manifestly contrary to public policy to recognise the capacity, under the relevant law, of one or both of them to enter into the relationship".
        I am simply curious what situations the clause would cover and what the Government envisage would happen if such an event took place.
        Lord Lester of Herne Hill: My understanding is that this is equivalent to the public policy exception for a marriage, especially foreign marriage, and does not add more than that. It is obviously necessary in very exceptional cases for there to be such an exception.
        Baroness Crawley: Perhaps I may assist the noble Lord, Lord Henley, by setting out where we see the clause appertaining. The clause provides that an overseas relationship cannot be treated as a civil partnership if it is manifestly contrary to public policy to recognise the capacity of either or both parties to enter into the relationship. The exception applies only to the capacity of the parties to enter into the relationship—known in legal terms as essential validity. It does not affect the procedures for registering the overseas relationship—known in legal terms as formal validity—which will be governed solely by the law of the overseas country or territory.
        Wherever possible, we have aimed to ensure that the Bill provides certainty about which overseas relationships are treated as civil partnerships in the UK. For example, there are provisions in this chapter which ensure that no overseas relationship can be treated as a civil partnership if the parties are not of the same sex, or if either of them is already a civil partner or lawfully married.
        However, there are also other areas where we cannot guarantee that other countries' rules will always exactly match those applying in the UK. For example, other countries may have slightly different approaches to prohibited degrees than is the case in the UK, or may have different rules as to mental capacity. These are aspects of detail where different jurisdictions may legitimately have different views. Where neither of the parties was domiciled in the UK, a degree of flexibility is appropriate when considering whether compliance with UK rules is required before the overseas relationship can be treated as a civil partnership here.
        The appropriate means of ensuring such flexibility is a public policy exception, similar to that which the courts have developed for equivalent issues in relation

        GC 333
        to overseas marriages. Such an exception enables the courts to decide that it is contrary to public policy to give effect to a capacity which exists under the relevant foreign law.
        The definition of when it would be manifestly contrary to public policy to recognise a capacity that exists under the relevant law is clearly something that the courts are best placed to determine. In doing so, they would no doubt apply a similar approach to that which has been taken to similar issues in marriage cases. We are satisfied that the clause gives the courts sufficient power to ensure that, for example, we do not find ourselves treating as civil partnerships overseas relationships between close relatives or people significantly under the age of 16.
        Lord Henley: I am grateful to the noble Lord, Lord Lester of Herne Hill, for answering, and also for the support that he got from the Minister. I think I understood what the noble Baroness had to say. I shall end with just one question. Should I take it that that
        GC 334
        would mean that if we were dealing with polygamous unions in another country, they would be felt to be manifestly contrary to public policy?
        Baroness Crawley: My advice is that it would be for the court to decide, but that would be most likely.
        Clause 158 agreed to.
        Clause 159 [Power to make provision corresponding to EC Regulation 2201/2003]
        Baroness Crawley moved Amendments Nos. 65A and 65B:
        Page 77, line 26, after "Wales" insert "or Northern Ireland"
        Page 77, line 33, after "Wales" insert "or Northern Ireland"
        On Question, amendments agreed to.
        Clause 159, as amended, agreed to.
        Baroness Crawley: Perhaps this would be an appropriate moment for the Committee to adjourn until Tuesday 25 May at 3.30 p.m.
        The Deputy Chairman of Committees (The Countess of Mar): The Committee stands adjourned until Tuesday 25 May at 3.30 p.m.
        The Committee adjourned at two minutes past five o'clock.