HL Deb 17 November 2004 vol 666 cc1517-23

Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.))

1 In section 46 (miscellaneous definitions), in subsection (2), after the definition of "barrister-at-law" insert— "civil partnership" means a civil partnership which exists under the Civil Partnership Act 2004 (and any reference to a civil partner shall be construed accordingly):".

Trustee Act ( Northern Ireland) 1958 (c. 23 ( N.I. ))

2 (1) Amend section 32(3)(a) (trust on reaching 18 or marrying under that age of accumulations during infancy) as follows.

(2) In sub-paragraph (i)—

  1. (a) after "marries under that age" insert "or forms a civil partnership under that age". And
  2. (b) for "or until his marriage" substitute ", or until his marriage or his formation of a civil partnership,".

(3) In sub-paragraph (ii), after "marriage" insert ", or on formation of a civil partnership,".

(4) In the words after that sub-paragraph, after "marriage" insert "or formation of a civil partnership".

3 (1) Amend section 34(1)(b) (trust to maintain principal beneficiary and his spouse and issue on failure of protective trust under paragraph (a)(ii)) as follows.

(2) In sub-paragraphs (i) and (ii), for "wife or husband" substitute "spouse or civil partner".

(3) In sub-paragraph (ii), after "married" insert "or formed a civil partnership".

Perpetuities Act (Northern Ireland) 1966 (c. 2 ( N.I.))

4 (1) Amend section 3 (uncertainty as to remoteness) as follows.

(2) In subsection (4)(a), after "spouse" insert "or civil partner".

(3) In subsection (5)(f), after "spouse" insert "or civil partner".

5 (1) Amend section 5 (condition relating to death of surviving spouse) as follows.

(2) After "spouse" insert "or civil partner".

(3) In the heading to section 5, after "spouse" insert "or civil partner".

Office and Shop Premises Act (Northern Ireland) 1966 (c. 26 (N.I)) 6 In section 2 (exception for premises in which only employer's relatives or outworkers work), in subsection (1), after "wife" insert ", civil partner".

Maintenance and Affiliation Orders Act ( Northern Ireland) 1966 (c. 35 (N.I.))

7 In section 10 (orders to which Part 2 of the Act applies), in subsection (2), after paragraph (h) insert— (i) paragraph 2(1)(a) or (d), 25, 26(3) or 28(1)(a) or (d) of Schedule 16, Schedule 17, or paragraph 9 of Schedule 18 so far as that paragraph applies Part 1 of Schedule 16, to the Civil Partnership Act 2004;".

8 (1) Amend section 13 (variation of orders registered in courts of summary jurisdiction) as follows.

(2) In subsection (5A), after "1980" insert "or paragraph 42 of Schedule 17 to the Civil Partnership Act 2004"

(3) In subsection (7B), after "1989" insert "or paragraph 9 of Schedule 18 so far as that paragraph applies Part 1 of Schedule 16".

Census Act (Northern Ireland) 1969 (c. 8 (N.I.))

9 In the Schedule (matters of which particulars may be required), in paragraph 5, after "marriage" insert "or civil partnership".

Theft Act (Northern Ireland) 1969 (c. 16 (N.I.))

10 (1) Amend section 29(1) (effect on civil proceedings and rights) as follows.

(2) For "wife or husband" substitute "spouse or civil partner".

(3) 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".

Industrial and Provident Societies Act ( Northern Ireland) 1969 (c. 24 (N.I.))

11 (1) Amend section 22 (nomination to property in society) as follows.

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

(3) In subsection (6)—

  1. (a) for "marriage of" 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".

12 In the definition of "member of the family" in section 101(1) (interpretation), for "husband, wife," substitute "spouse, civil partner,".

Land Registration Act (Northern Ireland) 1970 (c. 18 (N.I.))

13 In Schedule 11 (matters required to be registered in the Statutory Charges Register), after paragraph 45 insert— 46 An order under paragraph 59(2) of Schedule 16 to the Civil Partnership Act 2004 to the extent that by virtue of paragraph 61(1)(6) of that Schedule it renders liable to be set aside at the instance of an applicant for financial relief a disposition of any land in Northern Ireland which is specified in the order.

Leasehold (Enlargement and Extension) Act (Northern Ireland) 1971 (c. 7 (N.I.))

14 In section 1 (general right to acquire fee simple or to obtain extension of lease), in subsection (3)(f)(i) to (iv), after "spouse" insert "or civil partner".

15 In section 19 (restrictions on right to extension of lease or to acquire fee simple), in subsection (1)(a)(i), after "spouse" insert "or civil partner".

Civil Evidence Act (Northern Ireland) 1971 (c. 36 (N.I.))

16 (1) Amend section 10 (privilege against incrimination of self or spouse).

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

(3) In the heading to section 10, after "spouse" insert "or civil partner".

Local Government Act (Northern Ireland) 1972 (c. 9 (N.I.))

17 In section 30 (relatives of councillors), in subsection (6) (relevant family relationship)—

  1. (a) after "husband and wife" insert "or civil partners";
  2. (b) after "husband or wife" insert (in both places) "or civil partner". 18 In section 146 (interpretation: pecuniary interests), in subsection (2) (interests of spouses living together)—
  3. (a) after "spouses" insert (in both places) "or civil partners";
  4. (b) after "spouse" insert (in both places) "or civil partner".

Employer's Liability (Defective Equipment and Compulsory Insurance) (Northern Ireland) Order 1972 (S.I. 1972/963 ( N.I. 6))

19 In Article 6(a) (persons whom employer is not required to insure) after "husband, wife," insert "civil partner,".

Births and Deaths Registration (Northern Ireland) Order 1976 (S.I. 1976/1041 (N.I. 14))

20 In Article 2(2) (interpretation), in the definition of "relative", after "by marriage" insert "or civil partnership".

Sex Discrimination (Northern Ireland) Order 1976 (S.I. 1976/1042 (N.I. 15))

21 In Article 2(6) (meaning of "near relative")—

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

Pharmacy (Northern Ireland) Order 1976 (S.I. 1976/1213 (N.I. 22))

22 In Article 3(3)(e)(iii) (objects of Pharmaceutical Society include providing relief for distressed relatives), for "widows," substitute "surviving spouses, surviving civil partners,".

Criminal Damage (Northern Ireland) Order 1977 (S.I. 1977/426 ( N.I. 4))

23 (1) Amend Article 11 (evidence in connection with offences under the Order) as follows.

(2) For "wife or husband" substitute "spouse or civil partner".

(3) 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".

Judicature ( Northern Ireland) Act 1978 (c. 23)

24 In section 31 (remittal and removal of proceedings), in subsection (7)(b), after "1882" insert "or section 186 of the Civil Partnership Act 2004".

25 (1) Amend section 35(2) (restrictions on appeals to Court of Appeal from High Court) as follows.

(2) After paragraph (e) insert— (ea) from a dissolution order, nullity order or presumption of death order under Chapter 2 of Part 4 of the Civil Partnership Act 2004 that has been made final, by a party who, having had time and the opportunity to appeal from the conditional order on which the final order was founded, has not appealed from that conditional order;".

(3) In paragraph (g)(iv), after "matrimonial cause" insert ", a conditional order in a civil partnership cause".

26 (1) Amend section 94A (withdrawal of privilege against incrimination of self or spouse in certain proceedings) as follows.

(2) In subsection (1), after "spouse" insert "or civil partner".

(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".

Health and Safety at Work ( Northern Ireland) Order 1978 (S.I. 1978/1039 (N.I. 9))

27 In Article 22 (powers of inspectors), in paragraph (7), for "husband or wife" substitute "spouse or civil partner".

Matrimonial Causes (Northern Ireland) Order 1978 (S. I. 1978/ 1045 (N.I. 15))

28 (1) Insert after Article 2(4)—

"(4A) References in this Order to the formation of a civil partnership by a person include references to a civil partnership which is by law void or voidable."

29 In Article 13 (grounds on which marriage is void), at the end of paragraph (1)(d) insert "or a civil partner".

30 (1) Amend Article 17 (marriages governed by foreign law or celebrated abroad under certain enactments or common law) as follows.

(2) In paragraph (1), at the beginning insert "Subject to paragraph (3)".

(3) After paragraph (2) insert—

"(3) No marriage is to be treated as valid by virtue of paragraph (1) if, at the time when it purports to have been celebrated, either party was already a civil partner."

31 (1) Amend Article 30 (duration of continuing financial provision orders in favour of party to marriage, and effect of remarriage) as follows.

(2) In paragraph (1)(a) and (b) after "remarriage of" insert ", or formation of a civil partnership by,".

(3) In paragraph (2)—

  1. (a) after "remarriage of" insert ", or formation of a civil partnership by,", and
  2. (b) after "the remarriage" insert "or formation of the civil partnership".

(4) In paragraph (3), after "remarries whether at any time before or after the commencement of this Article", insert "or forms a civil partnership".

(5) In the heading to Article 30, after "remarriage" insert "or formation of civil partnership".

32 In Article 37 (alteration of agreements by court during lives of parties), in paragraph (4)(a) and (b), after "remarriage of" insert ", or formation of a civil partnership by,".

33 (1) Amend Article 40 (orders for repayment in certain cases of sums paid after cessation of order by reason of remarriage) as follows.

(2) In paragraph (l)—

  1. (a) in sub-paragraph (a), after "remarriage of" insert ", or formation of a civil partnership by,", and
  2. (b) in sub-paragraph (b), after "remarriage" insert "or formation of the civil partnership".

(3) In paragraph (6)—

  1. (a) in sub-paragraph (a), after "remarriage of" insert ", or formation of a civil partnership by,", and
  2. (b) in the words following sub-paragraph (b), after "had remarried" insert "or formed a civil partnership".

(4) In the heading to Article 40, after "remarriage" insert "or formation of civil partnership".

Rehabilitation of Offenders ( Northern Ireland) Order 1978 (S.I. 1978/1908 ( N.I. 27))

34 In Article 8 (limitations on rehabilitation), in paragraph (2)(c), after "marriage," insert "civil partnership,".

Criminal Appeal ( Northern Ireland) Act 1980 (c. 47)

35 In section 47A (appeals in cases of death), in subsection (3)(a), after "widower" insert "or surviving civil partner".

County Courts ( Northern Ireland) Order 1980 ( S.I 1980/397 (N.I. 3))

36 In Article 10 (general civil jurisdiction), after paragraph (3) insert— (3A) Except as provided by the Civil Partnership Act 2004, a county court which is not a civil partnership proceedings county court shall not have jurisdiction to hear any cause or matter to which that Act applies.

37 In Article 14 (jurisdiction in equity matters), in paragraph (j), after "1882" insert "or section 186 of the Civil Partnership Act 2004".

38 In Article 39 (capacity of parties), in paragraph (2)(d), after "marriage, death or bankruptcy of" insert ", or the formation of a civil partnership by,".

Domestic Proceedings (Northern Ireland) Order 1980 (S.I. 1980/ 563 (N.I 5))

39 In Article 6 (duration of orders for financial provision for a party to a marriage), in paragraph (2)—

  1. (a) after "remarriage of" insert ", or formation of a civil partnership by,", and
  2. (b) after "the remarriage" insert "or formation of the civil partnership".

40 (1) Amend Article 40 (orders for repayment in certain cases of sums paid after cessation of order by reason of remarriage) as follows.

(2) In paragraph (1)—

  1. (a) in sub-paragraph (a), after "remarriage of" insert ", or formation of a civil partnership by,", and
  2. (b) in sub-paragraph (b), after "that remarriage" insert "or the formation of that civil partnership".

(3) In paragraph (8)—

  1. (a) in sub-paragraph (a), after "remarriage of" insert ", or formation of a civil partnership by,", and
  2. (b) in the words following sub-paragraph (b)—
  1. (i) after "the remarriage" insert "or the formation of that civil partnership", and
  2. (ii) after "had remarried" insert "or formed a civil partnership".

(4) In the heading to Article 40, after "remarriage" add "or formation of civil partnership".

Judgments Enforcement (Northern Ireland) Order 1981 (S.I 1981/226 (N.I. 6)

41 In Article 4 (judgments to which Order applies), in paragraph (e), after "1980" insert "or Part 1, 2 or 6 of Schedule 17 to the Civil Partnership Act 2004".

42 In Article 6 (judgments to which Order does not apply), in paragraph (c), after "matrimonial jurisdiction" insert "or by the High Court or a civil partnership proceedings county court in the exercise of its civil partnership jurisdiction".

43 In Article 7 (The Enforcement of Judgments Office), in paragraph (3), after "domestic" insert "or civil partnership".

44 In Article 25 (taking custody of goods under a money judgment), in paragraph (2)(b), after "spouse" insert "or civil partner".

45 In Article 32 (property which may be seized), in paragraph (d), after "spouse" (in each place) insert "or civil partner".

46 In Article 33 (property exempt from seizure), in paragraph (a), after "spouse" (in each place) insert "or civil partner".

47 In Article 36 (where seizure may be effected), in paragraph (a)(i), after "spouse" insert "or civil partner".

48 In Article 38 (power of entry under order of seizure), after "spouse" insert "or civil partner".

49 In Article 44 (interpleader), in paragraph (1), after "spouse" insert "or civil partner".

50 (1) Amend Article 96A (maintenance orders in the High Court and divorce county courts) as follows.

(2) In paragraphs (1), (3)(a), (7) and (9) after "divorce county court" insert (in each place) "or civil partnership proceedings county court".

(3) In the heading to Article 96A, for "divorce" substitute "certain".

51 (1) Amend Article 98 (power of courts to make attachment of earnings orders) as follows.

(2) In paragraph (a)(i), after "matrimonial" insert "or civil partnership".

(3) In paragraph (a)(ii), after "matrimonial jurisdiction" insert "or a civil partnership proceedings county court in the exercise of its civil partnership jurisdiction".

52 (1) Amend Article 107 (committal for default) as follows.

(2) In paragraph (1)(c), after "matrimonial jurisdiction" insert "or by the High Court or a civil partnership proceedings county court in the exercise of its civil partnership jurisdiction".

(3) In paragraph (2)(a)(ii), after "matrimonial" insert "or civil partnership".

Legal Aid, Advice and Assistance ( Northern Ireland) Order 1981 (S.I. 1981/228 (N.I. 8))

53 In Article 14(4) (resources of person's wife or husband treated as resources of that person), for "wife or husband" substitute "spouse or civil partner".

54 In Part 1 of Schedule 1 (proceedings for which legal aid may be given), in paragraph 3(b), after "1998" insert "or Schedule 17 to the Civil Partnership Act 2004".

Magistrates' Courts ( Northern Ireland) Order 1981 (S.I. 1981/ 1675 (N.I. 26))

55 In Article 85 (orders for periodical payment: means of payment), in paragraph (8)(a)(ii), after "1980" insert ", the Civil Partnership Act 2004".

56 In Article 86 (revocation, variation, etc., of orders for periodical payment), in paragraph (1), after "1980" insert "and paragraph 42 of Schedule 17 to the Civil Partnership Act 2004".

57 In Article 88 (nature of domestic proceedings), after paragraph (dh), insert— (di) under paragraph 54 of Schedule 16 to the Civil Partnership Act 2004 or under Schedule 17 to that Act;".

58 In Article 98 (enforcement of orders for periodical payment of money), in paragraph (11)(i), after "1980" insert "or Schedule 17 to the Civil Partnership Act 2004".

59 In Article 99 (enforcement of orders for payment of money other than periodical payments), in paragraph (11), after "1980" insert "or Part 1, 2 or 6 of Schedule 17 to the Civil Partnership Act 2004".

60 In Article 143 (appeals in other cases), after paragraph (3) insert— (4) Paragraph (1) is also subject to paragraph 8(2) of Schedule 17 to the Civil Partnership Act 2004 and Article 31(1) of the Domestic Proceedings (Northern Ireland) 1980 as applied by paragraph 46 of that Schedule.

61 In Article 164 (appearance by counsel or solicitor), in paragraph (3), for "husband, wife" substitute "spouse, civil partner".

Criminal Attempts and Conspiracy (Northern Ireland) Order 1983 (S.I. 1983/1120 (N.I. 13))

62 In Article 10 (exemptions from liability for conspiracy), in paragraph (2)(a), after "spouse" insert "or civil partner".

Forfeiture ( Northern Ireland) Order 1982 (S.I. 1982/1082 (N.I. 14))

63 In Article 5 (application for financial provision not affected by the forfeiture rule), at the end of paragraph (2)(b) insert "and

(c) paragraphs 45 (variation of secured periodical payments order) and 58 (alteration of maintenance agreements by court) of Schedule 16 to the Civil Partnership Act 2004".

Family Law ( Miscellaneous Provisions) ( Northern Ireland) Order 1984 (S.I. 1984/1984 (N.I. 14))

64 (1) Amend Article 18 (prohibited degrees of relationship) as follows.

(2) In paragraph (1), for the words from "between a man" to "that Table" substitute "between a person and any person mentioned in the list in Part 1 of the following Table".

(3) For the Table in paragraph ( 1 ) substitute—"

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