HL Deb 17 November 2004 vol 666 cc1488-90

32 Page 38, line 37, leave out subsection (2)

33 Page 39, line 42, leave out "following modifications" and insert "modifications specified in subsections (7) and (8)"

34 Page 39, line 45, leave out "those provisions" and insert "subsection (5) or those paragraphs"

35 Page 40, line 15, at end insert— ( ) For the purposes of this section, a degree of relationship specified in paragraph 1 of Schedule 11 exists whether it is of the full blood or the half blood. ( ) Amend section 41(1) of the Adoption (Scotland) Act 1978 (c. 28) (application to determination of forbidden degrees of provisions of that Act relating to the status conferred by adoption) as follows—

  1. (a) after first "marriage" insert ", to the eligibility of persons to register as civil partners of each other", and
  2. (b) for "and incest" substitute ", to such eligibility and to incest"."

36 Clause 90, page 42, line 6, leave out "of understanding the nature of civil partnership" and insert "of—

  1. (a) understanding the nature of civil partnership, or
  2. (b) validly consenting to its formation"

37 Clause 91, page 42, line 42, at end insert— ( ) The place of registration may, if the approval of the Registrar General is obtained, be outwith the district of the authorised registrar carrying out the registration.

38 Page 4, line 43, leave out from "be" to end of line 45 and insert "in religious premises, that is to say in premises which—

  1. (a) are used solely or mainly for religious purposes, or
  2. (b) have been so used and have not subsequently been used solely or mainly for other purposes."

39 Page 43, line 2, leave out "; and "known" means known to the local registration authority"

40 After Clause 117, insert the following new Clause—

"Separation (1) An action for the separation of the civil partners in a civil partnership may be brought in the Court of Session or in the sheriff court. (2) In such an action the court may grant decree if satisfied that the circumstances set out in any of paragraphs (a) to (d) of section 115(3) are established."

41 Clause 120, page 62, line 8, leave out from "other" to end of line 9 and insert ", the civil partnership is void if, and only if—

  1. (a) they were not eligible to do so, or
  2. (b) though they were so eligible, either of them did not validly consent to its formation."

42 Clause 121, page 62, line 16, leave out "50" and insert "50(1)(a), (b), (c) or (e)"

43 Page 62, line 19, leave out "by virtue of provision made under section 149," and insert "under section 169,"

44 Page 62, line 21, leave out "by virtue of such provision" and insert "under section 170(1)(a), (b), (c) or (e)"

45 Page 62, line 29, leave out sub-paragraph (i)

46 Page 62, line 32, after "(2)(a)" insert "or (b)"

47 Page 62, line 37, leave out from first "voidable" to end of line 42 and insert "if—

  1. (i) the appropriate part of the United Kingdom is England and Wales and the circumstances fall within section 50(1)(a), (b), (c) or (e), or
  2. (ii) the appropriate part of the United Kingdom is Northern Ireland and the circumstances fall within section 170(1)(a), (b), (c) or (e).

(5) The appropriate part of the United Kingdom is the part by reference to which the condition in subsection (2)(b) of the relevant section is met."

48 Page 63, line 7, leave out from "law," to end of line 15 and insert—

  1. "(b) where either of the parties was domiciled in England and Wales at the time when the overseas relationship was registered, the circumstances fall within section 50(1)(a), (b), (c) or (e), or
  2. (c) where either of the parties was domiciled in Northern Ireland at the time when the overseas relationship was registered, the circumstances fall within section 170(1)(a), (b), (c) or (e).

(8A) Section 51 or (as the case may be) section 171 applies for the purposes of—

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

(8B) In subsections (8)(a) and (8A)(b) "the relevant law" means the law of the country or territory where the overseas relationship was registered (including its rules of private international law).

(8C) For the purposes of subsections (8) and (8A)(b) and (c), references in sections 50 and 51 or (as the case may be) sections 170 and 171 to the formation of the civil partnership are to be read as references to the registration of the overseas relationship."

49 Clause 123, page 63, line 31, leave out subsection (3)

50 After Clause 127, insert the following new Clause—

"Succession: legal rights arising by virtue of civil partnership

(1) Where a person dies survived by a civil partner then, unless the circumstance is as mentioned in subsection (2), the civil partner has right to half of the moveable net estate belonging to the deceased at the time of death. (2) That circumstance is that the person is also survived by issue, in which case the civil partner has right to a third of that moveable net estate and those issue have right to another third of it. (3) In this section— "issue" means issue however remote, and "net estate" has the meaning given by section 36(1) (interpretation) of the Succession (Scotland) Act 1964 (c. 41). (4) Every testamentary disposition executed after the commencement of this section by which provision is made in favour of the civil partner of the testator and which does not contain a declaration to the effect that the provision so made is in full and final satisfaction of the right to any share in the testator's estate to which the civil partner is entitled by virtue of subsection (1) or (2), has effect (unless the disposition contains an express provision to the contrary) as if it contained such a declaration. (5) In section 36(1) of the Succession (Scotland) Act 1964 (c. 41), in the definition of "legal rights", for "and legitim" substitute "legitim and rights under section (Succession: legal rights arising by virtue of civil partnership) of the Civil Partnership Act 2004"."
Baroness Scotland of Asthal

My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 32 to 50, to which I have referred in Amendments Nos. 1, 5, 18 and 31.

Moved, That the House do agree with the Commons in their Amendments Nos. 32 to 50.—(Baroness Scotland of Asthal.)

On Question, Motion agreed to.