HL Deb 17 November 2004 vol 666 cc1490-2

52 Clause 134, page 67, line 25, leave out "Subject to subsection (2),"

53 Page 67, line 33, leave out subsection (2)

54 Clause 155, page 75, line 29, leave out subsection (2)

55 After Clause 172, insert the following new Clause—

"Validity of civil partnerships registered outside Northern Ireland (1) Where two people register as civil partners of each other in England or Wales, the civil partnership is—

  1. (a) void, if it would be void in England and Wales under section 49, and
  2. (b) voidable, if the circumstances fall within any paragraph of section 170(1).
(2) Where two people register as civil partners of each other in Scotland, the civil partnership is—
  1. (a) void, if it would be void in Scotland under section 120, and
  2. (b) voidable, if the circumstances fall within section 170(1)(d).
 (3) Subsection (4) applies where two people register as civil partners of each other under an Order in Council under—
  1. (a) section 202 (registration at British consulates etc.), or
  2. (b) section 203 (registration by armed forces personnel),
("the relevant section"). (4) The civil partnership is—
  1. (a) void, if—
    1. (i) the condition in subsection (2)(a) or (b) of the relevant section is not met, or
    2. (ii) a requirement prescribed for the purposes of this paragraph by an Order in Council under the relevant section is not complied with, and
  2. (b) voidable, if—
    1. (i) the appropriate part of the United Kingdom is Northern Ireland or England and Wales and the circumstances fall within any paragraph of section 170(1), or
    2. (ii) the appropriate part of the United Kingdom is Scotland and the circumstances fall within section 170(1)(d).
 (5) The appropriate part of the United Kingdom is the part by reference to which the condition in subsection (2)(b) of the relevant section is met. (6) Subsections (7) and (8) apply where two people have registered an apparent or alleged overseas relationship. (7) The civil partnership is void if—
  1. (a) the relationship is not an overseas relationship, or
  2. (b) (even though the relationship is an overseas relationship) the parties are not treated under Chapter 2 of Part 5 as having formed a civil partnership.
 (8) The civil partnership is voidable if—
  1. (a) the overseas relationship is voidable under the relevant law,
  2. (b) the circumstances fall within section 170(1)(d), or
  3. (c) where either of the parties was domiciled in Northern Ireland or England and Wales at the time when the overseas relationship was registered, the circumstances fall within section 170(1)(a), (b), (c) or (e).
 (9) 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).
 (10) In subsections (8)(a) and (9)(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). (11) For the purposes of subsections (8) and (9)(b) and (c), references in sections 170 and 171 to the formation of a civil partnership are to be read as references to the registration of the overseas relationship."

56 After Clause 187, insert the following new Clause—

"Applications under section 186 by former civil partners (1) Where a civil partnership has been dissolved or annulled or is void (whether or not it has been annulled), either party may make an application under section 186 (or under that section as extended by section 187) and references in those sections to a civil partner are to be read accordingly. (2) An application under subsection (1) must—

  1. (a) where the civil partnership has been dissolved or annulled, be made within the period of 3 years beginning with the date of the dissolution or annulment, and
  2. (b) where a civil partnership is void but has not been annulled and the parties have ceased to live together in the same household, be made within the period of 3 years beginning with the date on which they ceased so to live together."

57 Clause 201, page 96, line 17, at end insert— ( ) In sub-paragraph (b)(iii) of Article 2(2), after "wife" insert "or civil partner".

58 Page 96, line 34, at end insert— ( ) In Article 5 (assessment of damages), in paragraph (3A), after "wife" insert "or civil partner".

59 After Clause 201, insert the following new Clause—

"Evidence (1) Any enactment or rule of law relating to the giving of evidence by a spouse applies in relation to a civil partner as it applies in relation to the spouse. (2) Subsection (1) is subject to any specific amendment made by or under this Act which relates to the giving of evidence by a civil partner. (3) For the avoidance of doubt, in any such amendment, references to a person's civil partner do not include a former civil partner. (4) References in subsections (1) and (2) to giving evidence are to giving evidence in any way (whether by supplying information, making discovery, producing documents or otherwise). (5) Any rule of law—

  1. (a) which is preserved by Article 22(1) of the Criminal Justice (Evidence) (Northern Ireland) Order 2004 (S.I. 2004/1501 (N.I. 10)), and
  2. (b) under which in any proceedings evidence of reputation or family tradition is admissible for the purpose of proving or disproving the existence of a marriage,
is to be treated as applying in an equivalent way for the purpose of proving or disproving the existence of a civil partnership."

60 Insert the following new Clause—

"Restriction on publicity of reports of proceedings Section 1 of the Matrimonial Causes (Reports) Act (Northern Ireland) 1966 (c. 29 (NI)) (restriction on publication of reports of proceedings) shall extend to proceedings—

  1. (c) for the dissolution or annulment of a civil partnership or for the legal separation of civil partners,
  2. (d) under section 176,
  3. (e) under Part 7 of Schedule 16, or
  4. (f) under Part 9 of Schedule 16 in relation to an order under Part 7 of that Schedule."

Baroness Scotland of Asthal

My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 52 to 60, to which I referred in Amendments Nos. 1, 5, 18 and 51.

Moved, That the House do agree with the Commons in their Amendments Nos. 52 to 60.—(Baroness Scotland of Asthal.)

On Question, Motion agreed to.