HL Deb 17 November 2004 vol 666 cc1507-17

(1) Amend Article 68 (power to reduce child benefit for lone parents) as follows. (2) In paragraph (2), after "spouse" (in each place) insert "or civil partner". (3) After paragraph (2) insert— (3) For the purpose of this Article, a parent is to be regarded as living with another person as his civil partner if, but only if, he would be regarded as living with the other person as his spouse, were they instead two people of the opposite sex."."

141 Schedule 27, page 349, line 2, at end insert—

"Explosive Substances Act 1883 (c. 3) In section 6 (inquiry by Attorney-General, and apprehension of absconding witnesses), in subsection (2), for "husband or wife" (in both places) substitute "spouse or civil partner". Partnership Act 1890 (c. 39) In section 2 (rules for determining existence of partnership), in rule (3)(c), after "widow" insert ", widower, surviving civil partner".

142 Page 349, line 5, at end insert—

"Census Act 1920 (c. 41) In the Schedule (matters in respect of which particulars may be required), in paragraph 5 after "as to marriage" insert "or civil partnership".

143 Page 349, line 24, at end insert—

"Judicial Proceedings (Regulation of Reports) Act 1926 (c. 61) (1) Amend section 1 (restriction on publication of reports of judicial proceedings) as follows. (2) In subsection (1)(b), for "or for restitution of conjugal rights" substitute "or for the dissolution or annulment of a civil partnership or for the separation of civil partners". (3) Omit subsection (5). Population (Statistics) Act 1938 (c. 12) In the Schedule (particulars which may be required), in paragraph 2—

  1. (a) in paragraph (a), for "or divorced;" substitute divorced, a civil partner or former civil partner, and, if a former civil partner, whether the civil partnership ended on death or dissolution;", and
  2. (b) in paragraph (b), after "surviving spouse" insert "or civil partner"."

144 Page 349, line 27, at end insert—

"Limitation ( Enemies and War Prisoners) Act 1945 (c. 16) In section 2 (interpretation), in the definition of "statute of limitation", after the entry relating to the Matrimonial Causes Act 1973 insert— section 51(2) of the Civil Partnership Act 2004,".

Statistics of Trade Act 1947 (c. 39) In section 10 (information from persons entering or leaving the United Kingdom by air), in subsection (1), after "marriage" insert "or civil partnership".

145 Page 350, line 15, at end insert— In section 27 (notice of marriage), in subsection (3), for "the name and surname, marital status, occupation, place of residence and nationality of each of the persons to be married" substitute "the name and surname, occupation, place of residence and nationality of each of the persons to be married, whether either of them has previously been married or formed a civil partnership and, if so, how the marriage or civil partnership ended". In section 28A (power to require evidence), for subsection (3) substitute— (3) "Specified evidence", in relation to a person, means such evidence as may be specified in guidance issued by the Registrar General—

  1. (a) of the person's name and surname,
  2. (b) of the person's age,
  3. (c) as to whether the person has previously been married or formed a civil partnership and, if so, as to the ending of the marriage or civil partnership, and
  4. (d) of the person's nationality.""

146 Page 351, line 20, leave out paragraph 9 and insert— 9 (1) Amend section 16 (application of Part 2) as follows. (2) After subsection (2)(a)(viii) insert— (ix) Part 1, 7 or 8 of Schedule 6 to the Civil Partnership Act 2004, Schedule 7 to that Act or paragraph 5 or 9 of Schedule 8 to that Act;". (3) After subsection (2)(b)(ix) insert—

(x) an order made on an application under Schedule 12 to the Civil Partnership Act 2004;". (4) After subsection (2)(c)(ix) insert— (x) Part 1, 6 or 7 of Schedule 16 to the Civil Partnership Act 2004, Schedule 17 to that Act or paragraph 5 or 9 of Schedule 18 to that Act;".

147 Page 352, line 15, at end insert—

"Offices, Shops and Railway Premises Act 1963 (c. 41)

In section 2 (exception for premises in which only employer's relatives or outworkers work), in subsection (1), after "wife" insert ", civil partner".

Industrial and Provident Societies Act 1965 (c. 12) (1) Amend section 23 (nomination to property in society) as follows. (2) In subsection (2), for "husband, wife," substitute "spouse, civil partner,". (3) After subsection (6) insert— (7) The formation of a civil partnership by a member of a society revokes any nomination made by him before the formation of the civil partnership; but if any property of that member has been transferred by an officer of the society in pursuance of the nomination in ignorance of a civil partnership formed by the nominator after the date of the nomination—

  1. (a) the receipt of the nominee shall be a valid discharge to the society, and
  2. (b) the society shall be under no liability to any other person claiming the property."
In section 25 (provision for intestacy), in subsection (2), after "widower" insert ", surviving civil partner".

Criminal Appeal Act 1968 (c. 19) In section 44A (appeals in cases of death), in subsection (3)(a), after "widower" insert "or surviving civil partner".

Theft Act 1968 (c. 60) (1) Amend section 30 ( husband and wife) as follows. (2) In subsections (4) and (5), after "wife or husband" in each place except paragraph (a)(ii) to the proviso to subsection (4) insert "or civil partner". (3) At the end of paragraph (a)(ii) to the proviso insert "or

  1. (iii) an order (wherever made) is in force providing for the separation of that person and his or her civil partner.",
and omit "or" at the end of paragraph (a)(i) to the proviso. (4) For the heading to section 30 substitute "Spouses and civil partners". In section 31 (effect on civil proceedings and rights), in subsection (1)—
  1. (a) for "wife or husband" substitute "spouse or civil partner", and
  2. (b) for "married after the making of the statement or admission) against the wife or husband" substitute "married or became civil partners after the making of the statement or admission) against the spouse or civil partner".

Domestic and Appellate Proceedings ( Restriction of Publicity) Act 1968 (c. 63) (1) Amend section 2 (restriction of publicity for certain matrimonial etc. proceedings) as follows. (2) In subsection (1), after paragraph (d) insert—

  1. (da ) proceedings under Part 8 of Schedule 6 to the Civil Partnership Act 2004 (provision corresponding to the provision referred to in paragraph (c) above);
  2. (db) proceedings under section 58 of the 2004 Act (declarations as to subsistence etc. of civil partnership);".
(3) In subsection (3), after "(1)(d)" insert " or (db)".

Civil Evidence Act 1968 (c. 64)

In section 14 (privilege against incrimination of self or spouse)—

  1. (a) in subsection (1)(b), for "husband or wife" substitute "spouse or civil partner", and
  2. (b) in the heading, after "spouse" insert "or civil partner".

Gaming Act 1968 (c. 65) In Schedule 2 (grant, renewal, cancellation and transfer of licences), in paragraph 35A(8)(a) for "wife or husband" substitute "spouse or civil partner".

Medicines Act 1968 (c. 67) In section 114 (supplementary provisions as to rights of entry and related rights), in subsection (4), for "married) the husband or wife" substitute "married or a civil partner) the spouse or civil partner".

148 Page 352, line 23, at end insert— "Attachment of Earnings Act 1971 (c. 32) In Schedule 1 (maintenance orders to which the 1971 Act applies), after paragraph 14 insert— 15 An order made under Schedule 6 to the Civil Partnership Act 2004 (financial relief in the High Court or a county court etc.), for periodical or other payments. 16 An order made under Schedule 7 to the 2004 Act (financial relief in magistrates' courts etc.), for maintenance or other payments to or in respect of a civil partner or child.

Criminal Damage Act 1971 (c. 48)

In section 9 (evidence in connection with offences under the 1971 Act)—

  1. (a) for "wife or husband" substitute "spouse or civil partner", and
    2. 1510
  2. (b) for "married after the making of the statement or admission) against the wife or husband" substitute "married or became civil partners after the making of the statement or admission) against the spouse or civil partner"."

149 Page 352, line 27, at end insert—

"Local Government Act 1972 (c. 70)

In section 95 (pecuniary interests for purposes of section 94), after subsection (3) insert— (4) In the case of civil partners living together the interest of one civil partner, shall, if known to the other, be deemed for the purpose of section 94 above to be also an interest of the other. In section 96 (general notices and recording of disclosures for purposes of section 94), in subsection (1), after "spouse" (in each place) insert "or civil partner"."

150 Page 353, line 33, at end insert—

"Fair Trading Act 1973 (c. 41) In section 30 (offences in connection with exercise of powers under section 29), in subsection (6) for "married) the husband or wife" substitute "married or a civil partner) the spouse or civil partner".

Slaughterhouses Act 1974 (c. 3) In section 10 (temporary continuance of licence on death), for "his personal representative, or of his widow or any other member of his family, until the expiration of two months from his death," substitute "the deceased's personal representative, or widow or widower or surviving civil partner or any other member of the deceased's family, until the end of two months from the deceased's death,".

Health and Safety at Work etc. Act 1974 (c. 37) In section 20 (powers of inspectors), in subsection (7), for "husband or wife" substitute "spouse or civil partner".

151 Page 353, line 34, at end insert— In section 165 (obstruction of authorised officers), in subsection (3), for "married) the husband or wife" substitute "married or a civil partner) the spouse or civil partner".

152 Page 354, line 7, at end insert—

"Friendly Societies Act 1974 (c. 46) (1) Amend section 66 (power of member to nominate person to receive sums payable on his death) as follows. (2) In subsection (5)(a), for "husband, wife," substitute "spouse, civil partner,". (3) After subsection (7) insert— (7A) The formation of a civil partnership by a member of the society or branch revokes any nomination previously made by that member under this section.

Rehabilitation of Offenders Act 1974 (c. 53) In section 7 (limitations on rehabilitation under the 1974 Act, etc.), in subsection (2)(c), after "the marriage of any minor," insert "or the formation of a civil partnership by any minor,".

153 Page 354, line 15, at end insert—

"Criminal Law Act 1977 (c. 45) In section 2 (exemptions from liability for conspiracy), in subsection (2)(a), after "spouse" insert "or civil partner".

154 Page 355, line 4, at end insert—

"Protection of Children Act 1978 (c. 37) In section 1A (marriage and other relationships), in subsections (1)(a) and (2)(a) after "were married" insert "or civil partners of each other".

155 Page 355, line 14, at end insert—

"In section 27 (obstruction and personation of authorised officers), in subsection (4), for "husband or wife" substitute "spouse or civil partner"."

156 Page 355, line 22, at end insert—

"Magistrates' Courts Act 1980 (c. 43) In section 59 (orders for periodical payments: means of payment), in subsection (7)(b), after "Domestic Proceedings and Magistrates' Courts Act 1978" insert "or Schedule 7 to the Civil Partnership Act 2004".

  1. (1) Amend section 65 (meaning of family proceedings) as follows.
  2. (2) After subsection (1)(c) insert—
(ca) Schedule 3 to the Civil Partnership Act 2004:".
  1. (3) After subsection (1)(ee) insert—
 (ef) paragraphs 61 to 64 of Schedule 6 to the Civil Partnership Act 2004;".
  1. (4) After subsection (1)(j) insert—
 (ja) Schedule 7 to the Civil Partnership Act 2004;".

Disused Burial Grounds (Amendment) Act 1981 (c. 18) In section 9 (interpretation), in the definition of "relative", for "husband or wife" substitute "spouse or civil partner".

Forgery and Counterfeiting Act 1981 (c. 45) In section 5 (offences relating to money orders, share certificates, passports, etc.), in subsection (5)(1)—

  1. (a) after "adoptions, marriages" insert ", civil partnerships", and
  2. (b) for "register marriages" substitute "issue certified copies relating to such entries"."

157 Page 355, line 31, at end insert—

  1. "(1) Amend section 72 (withdrawal of privilege against incrimination of self or spouse in certain proceedings) as follows.
  2. (2) In subsection (1), after "spouse" insert "or civil partner".
  3. (3) In subsection (3), for "married after the making of the statement or admission) against the spouse" substitute "married or became civil partners after the making of the statement or admission) against the spouse or civil partner"."

158 Page 355, line 33, leave out from "after" to end of line 35 and insert "sub-paragraph (h) insert—

  1. "(i) all civil partnership causes and matters (whether at first instance or on appeal);
  2. (j) applications for consent to the formation of a civil partnership by a minor or for a declaration under paragraph 7 of Schedule 2 to the Civil Partnership Act 2004;
  3. (k) applications under section 58 of that Act (declarations relating to civil partnerships)."."

159 Page 356, line 18, at end insert—

"Forfeiture Act 1982 (c. 34) In section 3 (application for financial provision not affected by forfeiture rule), in subsection (2), for paragraph (b) and the word "and" immediately preceding it substitute—

  1. (b) sections 31(6) and 36(1) of the Matrimonial Causes Act 1973 (variation by court in England and Wales of periodical payments orders and maintenance agreements in respect of marriages);
  2. (c) paragraphs 52(2) and 65(2) of Schedule 6 to the Civil Partnership Act 2004 (variation by court in England and Wales of periodical payments orders and maintenance agreements in respect of civil partnerships); and
  3. (d) section 13(4) of the Family Law (Scotland) Act 1985 (variation etc. of periodical allowances in respect of marriages and civil partnerships)."

Representation of the People Act 1983 (c. 2)

(1) Amend section 14 (service qualification) as follows.

(2) In subsection (1)(d), for "wife or husband" substitute "spouse or civil partner".

(3) For subsection (1)(e) substitute— (e) is the spouse or civil partner of a person mentioned in paragraph (b) or paragraph (c) above and is residing outside the United Kingdom to be with his or her spouse or civil partner,".

In section 16 (contents of service declaration), for "wife or husband" substitute "spouse or civil partner".

In section 59 (supplemental provisions as to members of forces and service voters), in subsection (3)(b), for "by him and any wife of his or, as the case may be, by her and any husband of hers," substitute "by that person and any spouse or civil partner of that person".

In section 61 (other voting offences), in subsection (4), for "husband, wife," substitute "spouse, civil partner,".

In section 141 (duty to answer relevant questions), in subsections (1)(a)(i) and (2)(a), for "husband or wife," substitute "spouse or civil partner,".

(1) Amend Schedule 1 (parliamentary elections rules) as follows.

(2) In rule 11(4), for "wife or husband" substitute "spouse or civil partner".

(3) In rule 35(2), for "husband (wife)," (in both places) substitute "spouse, civil partner,".

(4) In rule 39(3)(b), for "husband, wife," substitute "spouse, civil partner,".

(5) In rule 44(2)(b), for "wives or husbands" substitute "spouses or civil partners"."

160 Page 361, line 2, at end insert—

"Police and Criminal Evidence Act 1984 (c. 60)

(1) Amend section 80 (compellability of accused's spouse) as follows.

(2) In subsections (2), (2A) and (3), for "wife or husband" (in each place) substitute "spouse or civil partner".

(3) After subsection (5) insert— (5A) In any proceedings a person who has been but is no longer the civil partner of the accused shall be compellable to give evidence as if that person and the accused had never been civil partners.

(4) In the heading to section 80, after "accused's spouse" insert "or civil partner".

In section 80A (rule where accused's spouse not compellable)——

  1. (a) for "wife or husband" substitute "spouse or civil partner", and
  2. (b) in the heading, after "spouse" insert "or civil partner"."

161 Page 361, line 28, at end insert—

"57A (1) Amend section 742A (meaning of "offer to the public") as follows.

(2) In subsection (3)(a)(iii), after "widower" insert "or surviving civil partner".

(3) In subsection (6)(a), after "spouse" insert "or civil partner".

57B In Schedule 7 (matters to be dealt with in directors' report), in paragraph 2B(3), after "spouse" insert "or civil partner".

Enduring Powers of Attorney Act 1985 (c. 29) 57C In section 3 (scope of authority etc. of attorney under enduring power), in subsection (5)(a), for "or marriage" substitute ", marriage or the formation of a civil partnership".

57D In Schedule 1 (notification prior to registration of instrument creating power of attorney), in paragraph 2(1)—

  1. (a) in paragraph (a), after "wife" insert "or civil partner", and
  2. (b) in paragraph (e), after "widower" insert "or surviving civil partner".
57E Paragraphs 57C and 57D apply in relation to the exercise of powers under enduring powers of attorney created before the passing of this Act as well as in relation to those created on or after its passing.

Food and Environment Protection Act 1985 (c. 48) 57F In Schedule 2 (officers and their powers), in paragraph 2A(4), after ''spouse" insert "or civil partner".

Child Abduction and Custody Act 1985 (c. 60) 57G In section 24A (power to order disclosure of child's whereabouts), in subsection (2), after "spouse" insert "or civil partner".

Airports Act 1986 (c. 31) 57H In section 20 (powers of investment and disposal in relation to public airport companies), in subsection (6)(b), after "widowers" insert ", civil partners, surviving civil partners".

162 Page 361, line 29, at end insert—

"In section 215 (proceedings under sections 213, 214), in subsection (3)(b), after "marriage" insert "or the formation of a civil partnership".

In section 283A (bankrupt's home ceasing to form part of estate), in subsection (1)—

  1. (a) in paragraph (b), after "spouse" insert "or civil partner", and
  2. (b) in paragraph (c), after "spouse" insert "or former civil partner".

In section 313 (charge on bankrupt's home), in subsection (1), after "former spouse" insert "or by his civil partner or former civil partner".

In section 313A (low value home: application for sale, possession or charge), in subsection (1)—

  1. (a) in paragraph (a)(ii), after "spouse" insert "or civil partner", and
  2. (b) in paragraph (a)(iii), after "spouse" insert "or former civil partner".

In section 329 (debts to spouse), in subsection (1), after "spouse" (in each place) insert "or civil partner".

In section 332 (saving for bankrupt's home), in subsection (1), after "former spouse" insert "or by his civil partner or former civil partner".

In section 335A (rights under trusts of land), in subsection (2)(b)—

  1. (a) for "bankrupt's spouse or former spouse" substitute "bankrupt's spouse or civil partner or former spouse or former civil partner", and
  2. (b) in sub-paragraphs (i) and (ii), for "spouse or former spouse" substitute "spouse, civil partner, former spouse or former civil partner".

In section 339 (transactions at an undervalue), in subsection (3)(b), after "marriage" insert "or the formation of a civil partnership".

In section 366 (inquiry into bankrupt's dealings and property), in subsection (1)(a), after "former spouse" insert "or civil partner or former civil partner".

In section 423 (transactions defrauding creditors), in subsection (1)(b), after "marriage" insert "or the formation of a civil partnership"."

163 Page 362, line 6, at end insert— In section 33 (power to order disclosure of child's whereabouts), in subsection (2), after "spouse" insert "or civil partner".

164 Page 362, line 12, at end insert—

"Consumer Protection Act 1987 (c. 43) In section 47 (savings for certain privileges), in subsection (2), after "spouse" insert "or civil partner".

Criminal Justice .4ct 1988 (c. 33) In section 160A (marriage and other relationships), in subsections (1)(a) and (2)(a), after "were married" insert "or civil partners of each other".

165 Page 362, line 15, at end insert— "Children Act 1989 (c. 41)

(1) Amend section 8 (residence, contact and other orders with respect to children) as follows.

(2) After subsection (4)(b) insert— (ba) Schedule 6 to the Civil Partnership Act 2004;".

(3) After subsection (4)(e) insert— (ea) Schedule 7 to the Civil Partnership Act 2004;".

In section 48 (powers to assist in discovery of children who may be in need of emergency protection), in subsection (2), after "spouse" insert "or civil partner".

In section 50 (recovery of abducted children etc.), in subsection (11), after "spouse" insert "or civil partner".

In section 98 (self-incrimination), in subsections (1) and (2), after "spouse" insert "or civil partner".

Local Government and Housing Act 1989 (c. 42) In section 19 (members' interests) in subsection (7), after "spouse" insert "or civil partner".

In section 69 (companies subject to local authority influence), in subsection (6)(c), after "spouse" insert "or civil partner"."

166 Page 362, line 19, at end insert—

"Food Safety Ac 1990 (c. 16)

In section 43 (continuance of registration or licence on death) in subsection (2), for the words from "the deceased's personal representative" to "his death" substitute "the deceased's personal representative, or widow or widower or surviving civil partner or any other member of the deceased's family, until the end of— (a) the period of three months beginning with the deceased's death".

Courts and Legal Services Act 1990 (c. 41) In section 10 (family proceedings in magistrates' courts and related matters), in subsection (1), after "Domestic Proceedings and Magistrates' Courts Act 1978" insert "or Schedule 7 to the Civil Partnership Act 2004".

In section 58A (conditional fee agreements: supplementary), omit "and" at the end of subsection (2)(f) and insert—

  1. (fa) Chapter 2 of Part 2 of the Civil Partnership Act 2004 (proceedings for dissolution etc. of civil partnership);
  2. (fb) Schedule 6 to the 2004 Act (financial relief in the High Court or a county court etc.);
  3. (fc) Schedule 7 to the 2004 Act (financial relief in magistrates' courts etc.);
  4. (fd) Schedule 8 to the 2004 Act (financial relief in England and Wales after overseas dissolution etc. of a civil partnership); and"."

167 Page 362, line 30, at end insert— ( ) After section 9(3) insert—

"(4) For the purposes of this section two persons are civil partners of each other if they are of the same sex and either—

  1. (a) they are civil partners of each other; or
  2. (b) they are not civil partners of each other but are living together as if they were civil partners.""

168 Page 362, line 38, at end insert—

"In Schedule 2 (the activities of a friendly society), in Head A, in class II—

  1. (a) in the second column (description), after "Marriage" insert ", civil partnership", and
  2. (b) in the third column (nature of business), after "sum on marriage" insert "or on the formation of a civil partnership".

Trade Union and Labour Relations Act 1992 (c. 52)

In section 23 (restriction on enforcement of awards against certain property), in subsection (3)(b) for "the wife" substitute "the spouse or civil partner".

In section 241 (intimidation or annoyance by violence or otherwise), in subsection (1)(a), for "wife" substitute "spouse or civil partner".

In section 292 (death of employee or employer), in subsection (3)(b), after "widow," insert "surviving civil partner,"."

169 Page 363, line 9, leave out paragraph 70 and insert—

"70 (1) In section 23 (exemption for small dwellings), amend subsection (7) as follows.

(2) In the definition of "near relative"—

  1. (a) after "spouse" insert "or civil partner", and
  2. (b) for "by affinity)" substitute "by marriage or civil partnership)".

(3) For the definition of "partner" substitute—

""partner" means the other member of a couple consisting of—

  1. (a) a man and a woman who are not married to each other but are living together as husband and wife, or
  2. (b) two people of the same sex who are not civil partners of each other but are living together as if they were civil partners.""

170 Page 363, line 12, at end insert— "Employment Rights Act 1996 (c. 18)

In section 57A (time off for dependants), in subsection (3)(a), after "spouse" insert "or civil partner".

Family Law Act 1996 (c. 27)

(1) Amend section 64 (provision for separate representation for children) as follows.

(2) Omit "or" at the end of subsection (1)(c).

(3) At the end of subsection (1)(d) insert "or

  1. (e) Schedule 6 or 7 to the Civil Partnership Act 2004."

171 Page 363, line 15, at end insert—

"Civil Procedure Act 1997 (c. 12) In section 7 (power of courts to make orders for preserving evidence etc.), in subsection (7), after "spouse" insert "or civil partner".

National Minimum Wage Act 1998 (c. 39) In section 14 (powers of officers), in subsection (2), for "married, the person's spouse" substitute "married or a civil partner, the person's spouse or civil partner".

Access to Justice Act 1999 (c. 22) In Schedule 2 (community legal service: excluded services), in paragraph 2(3)(d), after "Domestic Proceedings and Magistrates' Courts Act 1978" insert "or Schedule 7 to the Civil Partnership Act 2004".

172 Page 366, line 43, at end insert—

"Representation of the People Act 2000 (c. 2)

(1) Amend Schedule 4 (absent voting in Great Britain) as follows.

(2) In paragraph 3(3)(c), for "his spouse," (in both places) substitute "his spouse or civil partner,".

(3) In paragraph 6(6), for "husband, wife," substitute "spouse, civil partner,"."

173 Page 367, line 2, at end insert—

"Land Registration Act 2002 (c. 9)

In section 125 (privilege against self-incrimination), in subsection (2), after "spouse" insert "or civil partner"."

174 Page 367, line 5, at end insert— In section 222 (bodies corporate: accessories), in subsection (10), after "spouse" in paragraphs (a), (c), (d) and (e) (in each place) insert "or civil partner".

Licensing Act 2003 (c. 17) In section 101 (minimum of 24 hours between event periods), in subsection (3)(a) and (d), after "spouse" insert "or civil partner".

175 Page 367, line 9, at end insert—

"Courts Act 2003 (c. 39) In section 76 (further provision about scope of Family Procedure Rules), in subsection (2)(b), after "divorce county court" insert "or civil partnership proceedings county court (within the meaning of Part 5 of the Matrimonial and Family Proceedings Act 1984)".

176 Page 367, line 22, at end insert—

"85 (1) Amend section 43 (sections 38 and 41: marriage exception) as follows.

(2) At the end of subsection (1)(b) insert "or civil partners of each other".

(3) In subsection (2), for "were lawfully married at the time" substitute "were at the time lawfully married or civil partners of each other".

(4) In the heading to section 43 for "marriage exception', substitute "exception for spouses and civil partners"."

177 Schedule 28, page 368, line 5, at end insert— In section 10(2) (calculation of legal rights), for "jus relicti, jus relictae or legitim" substitute "legal rights".

178 Page 368, line 13, at end insert— In section 36(1) (interpretation), in the definition of "prior rights", after "spouse" insert "or civil partner".

179 Page 374, line 2, at end insert— In section 16(4) (presentation of petition for recall of sequestration), for "section 41(1)(b)" substitute "sections 41(1)( b) and 41A(1)(b)". In section 17(8)(b) (duties of clerk of court in relation to recall of sequestration), after "41(1)(b)(ii)" insert "or 41A(1)(b)(ii)".

180 Page 374, line 8, at end insert— In section 34(7) (gratuitous alienations: saving for operation of Married Women's Policies of Assurance (Scotland) Act 1880), at the end insert "including the operation of that section as applied by section 128 of the Civil Partnership Act 2004".

181 Page 374, line 13, at end insert— ( ) In paragraph (d) of that subsection, for "paragraph (a) or (b)" substitute "paragraphs (a) to (b)".

182 Page 375, line 14, at end insert— In section 51(3)(b) (meaning of "postponed debt"), at the end insert "or civil partner".

183 Page 375, line 16, at end insert—

"(1) Amend Schedule 1 (determination of amount of creditor's claim) as follows.

(2) In paragraph 2(1)(a), the words "in the case of spouses (or, where the aliment is payable to a divorced person in respect of a child, former spouses)" become paragraph 2(1)(a)(i).

(3) At the end of paragraph 2(1)(a)(i) insert ", or (ii) in the case of civil partners (or, where the aliment is payable to a former civil partner in respect of a child after dissolution of a civil partnership, former civil partners),".

(4) In paragraph 2(2), after "divorce" insert "or on dissolution of a civil partnership"."

184 Page 377, leave out lines 18 to 21 and insert—

"(1) Amend section 105 (meaning of "member of a person's family") as follows.

(2) In subsection (1)(a)—

  1. (a) after "spouse" insert "or civil partner", and
  2. (b) at the end insert "or in a relationship which has the characteristics of the relationship between civil partners".

(3) In subsection (2)(a), after "a relationship by marriage" insert "or civil partnership"."

185 Page 377, line 23, leave out paragraphs 46 to 53

186 Page 378, line 28, at end insert—

"Debtors (Scotland) Act 1987 (c. 18) In section 106 (interpretation), in paragraph (a) of the definition of "maintenance order"—

  1. (a) after "divorce" insert "or on dissolution of a civil partnership", and
  2. (b) after "marriage" insert "or of nullity of a civil partnership"."

187 After Schedule 28 Insert the following new Schedule—

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