HL Deb 17 November 2004 vol 666 cc1523-30

(4) In paragraph (2)—

  1. (a) in sub-paragraph (b), for the words "brother or sister" substitute "sibling";
  2. (b) in sub-paragraph (c), after the word "marriage" insert "or civil partnership".

(5) In paragraph (2A), for the words from "between a man" to "that Part II" substitute "between a person and any person mentioned in the list in Part 2 of that Table".

(6) In paragraph (2C), for the words from "between a man" to "that Part III" substitute "between a person and any person mentioned in the list in Part 3 of that Table".

(7) In paragraph (2D), for sub-paragraphs (a) to (d) substitute—

  1. "(a) in the case of a marriage between a person and the parent of a former spouse of that person, after the death of both the former spouse and the former spouse's other parent;
  2. (b) in the case of a marriage between a person and the parent of a former civil partner of that person, after the death of both the former civil partner and the former civil partner's other parent:
  3. (c) in the case of a marriage between a person and the spouse of a child of that person, after the death of both the child and the child's other parent;
  4. (d) in the case of a marriage between a person and the former civil partner of a child of that person, after the death of both the child and the child's other parent."

Credit Unions (Northern Ireland) Order 1985 (S.I. 1985/1205 ( N.I. 12))

65 (1) Amend Article 2(2) (interpretation) as follows.

(2) After the definition of "board of directors" insert— "civil partner" includes former civil partner;".

(3) In the definition of "member of the family"—

  1. (a) in paragraphs (a), (b) and (c), after "spouse" insert "or civil partner", and
  2. (b) in paragraph (ii), for "a child born in wedlock" substitute "the legitimate child of the relationship in question".

66 (1) Amend Article 17 (nomination to property in credit union) as follows.

(2) In paragraph (2), after "wife," insert "civil partner,".

(3) In paragraph (6)—

  1. (a) for "marriage or substitute "formation of a marriage or civil partnership by";
  2. (b) after "before the marriage" insert "or civil partnership was formed";
  3. (c) for "a marriage contracted" substitute "the formation of a marriage or civil partnership".

Mental Health ( Northern Ireland) Order 1986 (S.I. 1986/595 (N.I. 4))

67 (1) Amend Schedule 1 (persons by whom a medical recommendation or medical report under Article 12 may not be given) as follows.

(2) In paragraph 3, after "spouse," insert "civil partner,".

(3) In paragraph 4, after "spouse" insert "or civil partner".

Companies ( Northern Ireland) Order 1986 ( S.I. 1986/1032 ( N.I. 6))

68 (1) Amend Article 10A (meaning of "offer to the public") as follows.

(2) In paragraph (3)(a)(iii), for "widow or widower" substitute "surviving spouse or surviving civil partner".

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

69 In Article 11 (employees' share scheme), in paragraph (b), for "wives, husbands, widows, widowers" substitute "spouses, civil partners, surviving spouses, surviving civil partners".

70 In Article 211 (notification of family and corporate interests), in paragraph (1), after "spouse" insert "or civil partner".

71 (1) Amend Article 335 (extension of Article 331 to spouses and children) as follows.

(2) In paragraph (1)—

  1. (a) in sub-paragraph (a), after "wife or husband" insert "or civil partner", and
  2. (b) in the words following sub-paragraph (b), after "as the case may be," insert "civil partner or".

(3) In the heading to Article 335, after "spouses" insert ", civil partners".

72 (1) Amend Article 336 (extension of Article 332 to spouses and children) as follows.

(2) In paragraphs (1)(a) and (2)(a), after "wife or husband" insert "or civil partner".

(3) In paragraph (3)—

  1. (a) in sub-paragraph (a), after "spouse" insert "or civil partner", and
  2. (b) in sub-paragraph (b), after "spouse" insert "or civil partner" and after "wife, husband," insert "civil partner,".

(4) In the heading to Article 336, after "spouses" insert ", civil partners".

73 In Article 354 (connected persons) in paragraph (2)—

  1. (a) in sub-paragraph (a), after "spouse," insert "civil partner,",
  2. (b) in sub-paragraph (c), after "spouse" (in both places) insert "or civil partner".

74 In Article 423E (associates), in paragraph (8) after "spouse" insert "or civil partner".

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

Enduring Powers, of Attorney ( Northern Ireland) Order 1987 (S.I. 1987/1627 ( N.I. 16))

76 In Article 5 (scope of authority etc. of attorney under enduring power), in paragraph (5)(a), for "or marriage" substitute "marriage or the formation of a civil partnership".

77 (1) Amend paragraph 2(1) of Schedule 1 (persons entitled to receive notice) as follows.

(2) In head (a), after "wife" insert "or civil partner".

(3) In head (e), after "widower" insert "or surviving civil partner".

78 Paragraphs 76 and 77 apply in relation to the exercise of powers under enduring powers of attorney created before the passing of this Act as well as to those created on or after its passing.

Matrimonial and Family Proceedings (Northern Ireland) Order 1989 (S.I. 1989/677 ( N.I. 4))

79 (1) Amend Article 16 (applications for financial relief after overseas divorce etc.) as follows.

(2) In paragraph (2) (no application may be made after remarriage), for "remarries" substitute "forms a subsequent marriage or civil partnership,".

(3) For paragraph (3) substitute— (3) The reference in paragraph (2) to the forming of a subsequent marriage or civil partnership includes a reference to the forming of a marriage or civil partnership which is by law void or voidable.

Insolvency ( Northern Ireland) Order 1989 ( S.I. 1989/2405 ( N.I. 19))

80 (1) Amend Article 4 (meaning of "associate") as follows.

(2) For paragraph (2) substitute—

"(2) A person is an associate of an individual if that person is—

  1. (a) the individual's husband or wife or civil partner,
  2. (b) a relative of—
    1. (i) the individual, or
    2. (ii) the individual's husband or wife or civil partner, or
  3. (c) the husband or wife or civil partner of a relative of—
  1. (i) the individual, or
  2. (ii) the individual's husband or wife or civil partner."

(3) In paragraph (3), after "husband or wife" insert "or civil partner".

(4) In paragraph (8), at the end insert "and references to a civil partner include a former civil partner".

81 In Article 179 (proceedings under Article 177 and 178), in paragraph (3)(b), after "marriage" insert "or the formation of a civil partnership"

82 In Article 286 (charge on bankrupt's home), in paragraph (1), after "former spouse" insert "or by his civil partner or former civil partner".

83 (1) Amend Article 302 (debts to spouse) as follows.

(2) In paragraph (1), after "spouse" (in each place) insert "or civil partner".

(3) In the heading to Article 302, after "spouse" insert "or civil partner".

84 In Article 305 (saving for bankrupt's home), in paragraph (1), after "former spouse" insert "or by his civil partner or former civil partner".

85 In Article 312 (transactions at an undervalue), in paragraph (3)(b), after "marriage" insert "or the formation of a civil partnership".

86 In Article 337 (inquiry into bankrupt's dealings and property), in paragraph (1)(a), after "former spouse" insert "or civil partner or former civil partner".

87 In Article 367 (transactions defrauding creditors), in paragraph (1)(6), after "marriage" insert "or the formation of a civil partnership".

Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12))

88 (1) Amend Article 79 (compellability of accused's spouse) as follows.

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

(3) After paragraph (5) insert— (5A) In any criminal 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 Article 79, after "accused's spouse" insert "or civil partner".

89 In Article 79A (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".

Companies (Northern Ireland) Order 1990 ( S.I. 1990/593 (N.I. 5))

90 In Article 54 (meaning of "associate"), in paragraph (2)(a) after "spouse" insert "or civil partner".

Food Safety (Northern Ireland) Order 1991 (S.I. 1991/762 (N.I. 7))

91 In Article 42 (continuance of registration or licence on death), in paragraph (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 expiration of— (a) the period of 3 months from the date of the deceased's death".

Industrial Relations ( Northern Ireland) Order 1992 (S.I.1992/807 (N.I. 5))

92 In Article 23 (recovery of sums awarded in proceedings involving trade unions and employers' associations), in the definition of "provident benefits" in paragraph (3), for "wife" substitute "spouse or civil partner".

Pension Schemes ( Northern Ireland) Act 1993 (c. 49)

93 In section 97E (discharge of liability where pension credit or alternative benefits secured by insurance policies or annuity contracts), in subsection (1)(b), after "or widower" insert "or civil partner".

Family Law (Northern Ireland) Order 1993 (S.I. 1993/1576 (N.I. 6))

94 (1) In Article 12 (family proceedings rules), amend paragraph (3)(g) as follows.

(2) After "1978" insert "or a civil partnership cause within the meaning of section 185(3) of the Civil Partnership Act 2004".

(3) After "that Article 48" insert (in both places) "that section 185(3)".

(4) After "divorce county court" insert "or civil partnership proceedings county court".

Children ( Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2))

95 In Article 8 (residence, contact and other orders with respect to children), after paragraph (4)(h) insert—

(i) Chapter 2 of Part 4 of, or Schedule 16, 17 or 18 to, the Civil Partnership Act 2004".

96 In Article 50 (care orders and supervision orders), in paragraph (4), for "married)" substitute "married or a civil partner)".

97 In Article 67 (powers to assist in discovery of children who may be in need of emergency protection), in paragraph (2), after "spouse" insert "or civil partner".

98 In Article 69 (recovery of abducted children, etc.), in paragraph (11), after "spouse" insert "or civil partner".

99 In Article 166 (appeals), 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 in the same proceedings".

100 In Article 171 (self-incrimination), in paragraph (2), after "spouse" insert "or civil partner".

Trade Union and Labour Relations ( Northern Ireland) Order 1995(S.I.1995/1980 (N.I. 12))

101 In Article 125 (intimidation or annoyance by violence or otherwise), in paragraph (1)(a), for "wife" substitute "spouse or civil partner".

Employment Rights ( Northern Ireland) Order 1996 (S.I. 1996/ 1919 (N.I. 16))

102 In Article 85A (time off for dependants), in paragraph (3)(a), after "spouse" insert "or civil partner".

103 In Article 248 (institution or continuance of tribunal proceedings), in paragraph (5)(b), for "widow or widower" substitute "surviving spouse, surviving civil partner".

Registration of Clubs (Northern Ireland) Order 1996 (S.I. 1996/ 3159 (N.I. 23))

104 In Schedule 1 (provisions to be included in rules of club), in paragraph 11, for "husband, wife" substitute "spouse, civil partner".

Race Relations (Northern Ireland) Order 1997 (S.I. 1997/869 (N.I. 6))

105 In Article 23(7) (exceptions: meaning of "near relative")—

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

Fair Employment and Treatment (Northern Ireland) Order 1998 (S.I. 1998/3162 (N.I. 21))

106 In Article 30(7) (exceptions: meaning of "near relative")—

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

107 In Article 69(3)(c) (interpretation: connected person), after "wife or husband" (in each place) substitute "or civil partner".

Welfare Reform and Pensions (Northern Ireland) Order 1999 (S.I. 1999/3147 ( N.I. 11))

108 (1) Amend Article 21 (supply of pension information in connection with divorce etc.) as follows.

(2) After paragraph (1)(a)(i) insert— (ia) financial relief under Schedule 16 or 18 to the Civil Partnership Act 2004 (powers in relation to domestic and overseas dissolution of civil partnerships etc.);".

(3) In paragraph (1)(a)(ii), after "1984" insert "or Schedule 6 or 8 to the 2004 Act".

(4) In paragraph (1)(a)(iii), after "1984" insert "or Schedule 12 to the 2004 Act".

(5) In paragraph (1)(b), after "(a)(i)" insert ", (ia)".

109 (1) Amend Article 22 (charges by pension arrangements in relation to earmarking orders) as follows.

(2) After paragraph (a) insert— (aa) an order under Part 1 of Schedule 16 to the Civil Partnership Act 2004 (financial provision orders in connection with dissolution of civil partnerships etc.) so far as it includes provision made by virtue of Part 5 of that Schedule (powers to include provision about pensions),".

(3) At the end of paragraph (b) omit "or" and after that paragraph insert— (bb) an order under Part 1 of Schedule 6 to the 2004 Act so far as it includes provision made by virtue of Part 6 of that Schedule (England and Wales powers corresponding to those mentioned in paragraph (aa)), or".

110 (1) Amend Article 25 (activation of pension sharing) as follows.

(2) After paragraph (1)(a) insert— (aa) a pension sharing order under Schedule 16 to the Civil Partnership Act 2004,".

(3) After paragraph (1)(b) insert— (ba) an order under Schedule 18 to the 2004 Act (financial relief in Northern Ireland after overseas dissolution etc. of a civil partnership) corresponding to such an order as is mentioned in paragraph (aa),".

111 (1) Amend Article 31 ("implementation period") as follows.

(2) In paragraph (1)(b)(i), omit "matrimonial".

(3) In paragraph (2)—

  1. (a) omit "matrimonial", and
  2. (b) in sub-paragraph (b), after "divorce" insert ", dissolution".

112 (1) Amend Article 45 (activation of benefit sharing) as follows.

(2) After paragraph (1)(a) insert— (aa) a pension sharing order under Schedule 16 to the Civil Partnership Act 2004,".

(3) After paragraph ( 1)(b) insert— (ba) an order under Schedule 18 to the 2004 Act (financial relief in Northern Ireland after overseas dissolution etc. of a civil partnership) corresponding to such an order as is mentioned in paragraph (aa),".

Housing ( Northern Ireland) Order 2003 ( S.I. 2003/412 (N.I. 2))

113 In Article 85 (meaning of exempt disposal), after paragraph (3)(d) insert— (e) Part 2 of Schedule 16 or 18 to the Civil Partnership Act 2004;.

Marriage ( Northern Ireland) Order 2003 ( S.I. 2003/413 (N.I. 3))

114 (1) Amend Article 5 (power to require evidence) as follows.

(2) In paragraph (3)(c), after "marital" insert "and civil partnership".

(3) After paragraph (3) insert—

"(4) In paragraph (3)(c), "marital and civil partnership status", in relation to a person, means whether that person has previously formed a marriage or a civil partnership, and if so, whether that marriage or civil partnership has ended."

115 In Article 6 (objections), in paragraph (6)(b), after "married" insert "or a civil partner".

Access to Justice (Northern Ireland) Order 2003 (S.I. 2003/435 (N.I. 10))

116 In Article 39 (conditional fee agreements: supplementary), in paragraph (2) (definition of "family proceedings"), after subparagraph (f) insert— (g) Chapter 2 of Part 4 of, or Schedules 16, 17 or 18 to the Civil Partnership Act 2004,".

117 In Schedule 2 (civil legal services: excluded services), in paragraph 2(d)(i), after "1998" insert "or Schedule 17 to the Civil Partnership Act 2004".

Firearms ( Northern Ireland) Order 2004 (S. I. 2004/702 (N.I. 3))

118 In Article 2(2) (interpretation), in the definition of "relative"—

  1. (a) in paragraphs (a) and (b), for "spouse or former spouse" substitute "spouse, former spouse, civil partner or former civil partner";
  2. (b) after "as husband and wife" insert "or as if they were civil partners";
  3. (c) after "married to each other" insert "or were civil partners of each other"."

188 Schedule 29, page 382, line 12, at end insert—

"Family provision: Northern Ireland

Title and number Extent of revocation
Inheritance (Provision for Family and Dependants) (Northern Ireland) Order 1979 (S.I. 1979/924 (N.I. 8)) In Article 5(2), "and" immediately following sub-paragraph (b).

Family homes and domestic violence: Northern Ireland

Title and number Extent of revocation
Family Homes and Domestic Violence (Northern Ireland) Order 1998 (S.I. 1998/1071 (N.I. 6)) In Article 2(2), the definition of "matrimonial home rights".
In Schedule 2, "or" at the end of paragraph 4(1)(a)."

189 Page 382, line 16, at end insert—

"Sex Discrimination (Northern Ireland) Order 1976 (S.I. 1976/1042 (N.I. 15)) Article 3(4)."

190 Page 382, line 18, at end insert—

"Child Support Act 1991 (c. 48) In section 8(11), "or" at the end of paragraph (e).
Child Support (Northern Ireland) Order 1991 (S.I. 1991/2628 (N.I. 23)) In Article 10(11), "or" at the end of sub-paragraph (dd)."

191 Page 383, line 19, at end insert—

"Judicial Proceedings (Regulation of Reports) Act 1926 (c. 61) Section 1(5)."

192 Page 383, line 20, at end insert—

"Theft Act 1968 (c. 60) In section 30(4), "or" at the end of paragraph (a)(i) to the proviso."

193 Page 383, line 24, at end insert—

"Courts and Legal Services Act 1990 (c. 41) In section 58A, "and" at the end of subsection (2)(f).
Family Law Act 1996 (c. 27) In section 64, "or" at the end of subsection (1)(c)."

194 Page 383, line 39, at end insert—

Title and number Extent of revocation
Welfare Reform and Pensions (Northern Ireland) Order 1999 (S.I. 1999/3147 (N.I. 11)) At the end of Article 22(b), "or".
In Article 31(1)(b)(i) and (2), "matrimonial"."

"Minor and consequential amendments: Northern Ireland

Baroness Scotland of Asthal

My Lords, 1 beg to move that the House do agree with the Commons in their Amendments Nos. 83 to 194.

Moved, That the House do agree with the Commons in their Amendments Nos. 83 to 194.—(Baroness Scotland of Asthal.)

On Question, Motion agreed to.

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