Civil Partnership Bill [HL]

House of Lords

Session 2003 - 04
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Other Bills before Parliament

Civil Partnership Bill [HL]

Civil Partnership Bill [HL]
Schedule 13 — Civil partnerships of persons under 18: Northern Ireland
Part 1 — Appropriate persons
205

Schedule 13
Section 139(2)

Civil partnerships of persons under 18: Northern Ireland
Part 1
Appropriate persons
1
Column 2 of the table specifies the appropriate persons (or person) to give
5
consent to a young person whose circumstances fall within column 1 and
who intends to register as the civil partner of another—

Case
Appropriate persons

1
The circumstances do
Each of the following—

not fall within any of
(a)
any parent of the young

10

items 2 to 4.
person who has parental

responsibility for him, and

(b)
any guardian of the young

person.

2
A care order has effect
Each of the following—

15

with respect to the
(a)
the Health and Social Services

young person.
Board or Health and Social

Services trust designated in

the order, and

(b)
any parent or guardian

20

mentioned in item 1.

3
A residence order has
Each of the persons with whom the

effect with respect to
young person lives, or is to live, as a

the young person.
result of the order.

4
The circumstances do
The persons with whom the young

25

not fall within item 2 or
person lived, or was to live, as a

3, but a residence order
result of the order.

had effect with respect

to the young person

immediately before he

30

reached 16.

2
In the table the following expressions have the same meaning as in the
Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2))—

“care order”;

“Health and Social Services trust”;
35

“parental responsibility”;

“residence order”;

and in item 1 “any guardian of the young person” means any person falling
within the definition of “guardian of a child” in Article 2(2) of that Order.

Civil Partnership Bill [HL]
Schedule 13 — Civil partnerships of persons under 18: Northern Ireland
Part 3 — Recording consents and orders
206

Part 2
Dispensing with consent
Order dispensing with consent
3     (1)
This paragraph applies if—
(a)
a young person and another person intend to register as civil
5
partners of each other, and
(b)
a county court is satisfied as mentioned in sub-paragraphs (3) and
(4).
      (2)
A county court may make an order dispensing with the consent of any
person whose consent is required.
10
      (3)
The court must be satisfied that the registration of the civil partnership is in
the best interests of the young person.
      (4)
The court must be satisfied that—
(a)
it is not reasonably practicable to obtain the consent of any person
whose consent is required,
15
(b)
any person whose consent is required withholds or refuses that
consent, or
(c)
there is uncertainty as to whose consent is required.
      (5)
An application for an order under this paragraph may be made—
(a)
by or on behalf of the young person, or
20
(b)
by or on behalf of the other person (who may be another young
person) mentioned in sub-paragraph (1)(a),

and without the intervention of a next friend.
      (6)
The decision of the county court on any application made under this
paragraph is final and conclusive.
25
Part 3
Recording consents and orders
4
Any consent required by section 139(1) must be sent to the registrar.
5
Any order made under paragraph 3, or a certified copy of it, must be sent to
the registrar.
30
6
The registrar must keep a record of—
(a)
such particulars as may be prescribed, taken from each consent or
order received by him, and
(b)
the date on which each consent or order is received by him.
7
The record kept under paragraph 6 must be kept with the civil partnership
35
notice book and section 134(5) (right of inspection) applies accordingly.

Civil Partnership Bill [HL]
Schedule 15 — References to step-children etc. in existing Acts
207

Schedule 14
Section 152

Meaning of overseas relationship: specified relationships

A relationship is specified for the purposes of section 152 (meaning of
“overseas relationship”) if it is registered in a country or territory given in
the first column of the table and fits the description given in relation to that
5
country or territory in the second column—

Country or territory
Description (continued)

(continued)

Belgium
cohabitation légale (statutory cohabitation)

Belgium
marriage

10

Denmark
registreret partnerskab (registered partnership)

Finland
rekisteröity parisuhde (registered partnership)

France
pacte civile de solidarité (civil solidarity pact)

Germany
Lebenspartnerschaft (life partnership)

Iceland
staðfesta samvist (confirmed cohabitation)

15

Netherlands
geregistreerde partnerschap (registered partnership)

Netherlands
marriage

Norway
registrert partnerskap (registered partnership)

Sweden
registrerat partnerskap (registered partnership)

United States of
civil union

20

America: Vermont

Schedule 15
Section 182

References to step-children etc. in existing Acts
1
The Declinature Act 1681 (c. 79) (Senators of College of Justice not to sit in
causes of persons related to them).
25
2
Section 21 of the Small Landholders (Scotland) Act 1911 (c. 49) (assignment
of holding).
3
Section 68(2)(e) of the Marriage Act 1949 (c. 76) (solemnisation of marriages
of stepchildren of servicemen in naval, military and air force chapels etc.).
4
Section 7(7) of the Leasehold Reform Act 1967 (c. 88) (rights of members of
30
family succeeding to tenancy on death: member of another’s family).
5
Section 18(3) of that Act (residential rights and exclusion of enfranchisement
or extension: adult member of another’s family).

Civil Partnership Bill [HL]
Schedule 15 — References to step-children etc. in existing Acts
208

6
Section 2(2) of the Employers’ Liability (Compulsory Insurance) Act 1969
(c. 57) (employees to be covered).
7
Section 27(5) of the Parliamentary and other Pensions Act 1972 (c. 48)
(pensions for dependants of Prime Minister or Speaker).
8
Section 184(5) of the Consumer Credit Act 1974 (c. 39) (associates).
5
9
Section 1(5) of the Fatal Accidents Act 1976 (c. 30) (right of action for
wrongful act causing death: who are dependants).
10
The definition of “relative” in section 31(1) of the Credit Unions Act 1979
(c. 34) (interpretation, etc.).
11
Section 32(3) of the Estate Agents Act 1979 (c. 38) (“associate”: meaning of
10
relative).
12
Section 13(1) of the Administration of Justice Act 1982 (c. 53) (deduction of
relationships).
13
Section 12(5) of the Mental Health Act 1983 (c. 20) (general provisions as to
medical recommendations: persons who may not give recommendations).
15
14
Section 25C(10) of that Act (supervision applications: meaning of “close
relative”).
15
Section 5(3) of the Mobile Homes Act 1983 (c. 34) (interpretation: member of
another’s family).
16
Section 153(4) of the Companies Act 1985 (c. 6) (transactions not prohibited
20
by section 151).
17
Section 203(1) of that Act (notification of family and corporate interests:
person interested in shares).
18
Section 327(2) of that Act (extension of section 323 to spouses and children).
19
Section 328(8) of that Act (extension of section 324 to spouses and children).
25
20
Section 346(2) of that Act (“connected persons”).
21
Section 430E(8) of that Act (associates).
22
Section 742A(6) of that Act (meaning of “offer to the public”).
23
Section 74(4)(a) of the Bankruptcy (Scotland) Act 1985 (c. 66) (meaning of
“associate”).
30
24
Section 113(2) of the Housing Act 1985 (c. 68) (members of a person’s
family).
25
Section 186(2) of that Act (members of a person’s family).
26
Section 105(2) of the Housing Associations Act 1985 (c. 69) (members of a
person’s family).
35
27
Section 20(6) of the Airports Act 1986 (c. 31) (powers of investment and
disposal in relation to public airport companies).
28
Section 435(8) of the Insolvency Act 1986 (c. 45) (meaning of “associate”).
29
Section 70(2)(a) and (c), (3)(a) and (4) of the Building Societies Act 1986 (c. 53)
(interpretation).
40

Civil Partnership Bill [HL]
Schedule 15 — References to step-children etc. in existing Acts
209

30
Section 83(2)(c) of the Housing (Scotland) Act 1987 (c. 26) (members of a
person’s family).
31
Section 4(6) of the Landlord and Tenant Act 1987 (c. 31) (relevant disposals).
32
Section 52(2)(a) of the Companies Act 1989 (c. 40) (meaning of “associate”).
33
The definition of “relative” in section 105(1) of the Children Act 1989 (c. 41)
5
(interpretation).
34
Paragraph 1(2) of Schedule 2 to the Broadcasting Act 1990 (c. 42) (restrictions
on the holding of licences).
35
Section 11(1) of the Agricultural Holdings (Scotland) Act 1991 (c. 55)
(bequest of lease).
10
36
Section 77(3)(c) of the Friendly Societies Act 1992 (c. 40) (information on
appointed actuary to be annexed to balance sheet).
37
The definitions of “son” and “daughter” in section 119A(2) of that Act
(meaning of “associate”).
38
Paragraph 2(1) of Schedule 5 to the Charities Act 1993 (c. 10) (meaning of
15
“connected person” for purposes of section 36(2)).
39
Section 10(5) of the Leasehold Reform, Housing and Urban Development
Act 1993 (c. 28) (premises with a resident landlord: adult member of
another’s family).
40
Section 61(2) of the Crofters (Scotland) Act 1993 (c. 44) (member of family).
20
41
Section 2 of the Criminal Law (Consolidation) (Scotland) Act 1995 (c. 39)
(intercourse with stepchild).
42
Section 161(1) of the Employment Rights Act 1996 (c. 18) (domestic
servants).
43
The definition of “relative” in section 63(1) of the Family Law Act 1996 (c. 27)
25
(interpretation of Part 4 of the 1996 Act).
44
Section 62(2) of the Housing Act 1996 (c. 52) (members of a person’s family:
Part 1).
45
Section 140(2) of that Act (members of a person’s family: Chapter 1).
46
Section 143P(3) of that Act (members of a person’s family: Chapter 1A).
30
47
The definition of “relative” in section 178(3) of that Act (meaning of
associated person).
48
Section 422(4)(b) of the Financial Services and Markets Act 2000 (c. 8)
(controller).
49
Paragraph 16(2) of Schedule 11 to that Act (offers of securities).
35
50
Section 108(2)(c) of the Housing (Scotland) Act 2001 (asp 10) (meaning of
certain terms).
51
Section 1(3) of the Mortgage Rights (Scotland) Act 2001 (asp 11) (application
to suspend enforcement of standard security).

Civil Partnership Bill [HL]
Schedule 16 — References to stepchildren etc. in existing Northern Ireland legislation
210

52
Paragraph 3(8) of Schedule 6 to the Commonhold and Leasehold Reform Act
2002 (c. 15) (premises excluded from right to manage).
53
Section 127(6) of the Enterprise Act 2002 (c. 40) (associated persons).
Schedule 16
Section 183

References to stepchildren etc. in existing Northern Ireland legislation
5
1
The definition of “member of the family” in section 101 of the Industrial and
Provident Societies Act (Northern Ireland) 1969 (c. 24 (N.I.)) (interpretation).
2
Section 1(3)(f) of the Leasehold (Enlargement and Extension) Act (Northern
Ireland) 1971 (c. 7 (N.I.)) (persons to have rights to acquire a fee simple or to
obtain extension of a lease).
10
3
Section 19(1)(a) of that Act (family of a person).
4
Section 3(7) of the Pensions (Increase) Act (Northern Ireland) 1971 (c. 35
(N.I.)) (dependants).
5
Article 6 of the Employers’ Liability (Defective Equipment and Compulsory
Insurance) (Northern Ireland) Order 1972 (S.I. 1972/963 (N.I. 6)) (employees
15
to be exempted).
6
Article 2(2) of the Fatal Accidents (Northern Ireland) Order 1977 (S.I. 1977/
1251 (N.I. 18)) (dependants).
7
Article 2(5) of the Housing (Northern Ireland) Order 1981 (S.I. 1981/156
(N.I. 3)) (interpretation).
20
8
Article 24(3) of the Housing (Northern Ireland) Order 1983 (S.I. 1983/1118
(N.I. 15)) (interpretation).
9
The definition of “member of the family” in Article 2(2) of the Credit Unions
(Northern Ireland) Order 1985 (S.I. 1985/1205 (N.I. 12)) (interpretation).
10
Schedule 1 to the Mental Health (Northern Ireland) Order 1986 (S.I. 1986/
25
595 (N.I. 4)) (general provisions as to medical recommendations: persons
who may not give recommendations).
11
Article 10A of the Companies (Northern Ireland) Order 1986 (S.I. 1986/1032
(N.I. 6)) (meaning of “offer to the public”).
12
Article 211(1) of that Order (notification of family and corporate interests:
30
person interested in shares).
13
Article 335(2) of that Order (extension of Article 331 to spouses and
children).
14
Article 336(8) of that Order (extension of Article 332 to spouses and
children).
35
15
Article 354(2) of that Order (“connected persons”).
16
Article 423(8) of that Order (associates).
17
Article 4(8) of the Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405
(N.I. 19)) (meaning of “associate”).

Civil Partnership Bill [HL]
Schedule 17 — Social security, child support and tax credits
Part 1 — Amendments of the Child Support Act 1991 (c. 48)
211

18
Article 54(2)(a) of the Companies (Northern Ireland) Order 1990 (S.I. 1990/
593 (N.I. 5)) (meaning of “associate”).
19
Article 2(4) of the Registered Homes (Northern Ireland) Order 1992
(S.I. 1992/3204 (N.I. 20)) (meaning of “relative”).
20
The definition of “relative” in Article 2(2) of the Children (Northern Ireland)
5
Order 1995 (S.I. 1995/755 (N.I. 2)).
21
Article 196(1) of the Employment Rights (Northern Ireland) Order 1996
(S.I. 1996/1919 (N.I. 16)) (domestic servants).
22
The definition of “relative” in Article 2(2) of the Family Homes and Domestic
Violence (Northern Ireland) Order 1998 (S.I. 1998/1071 (N.I. 6))
10
(interpretation).
23
Article 3(2) of the Housing (Northern Ireland) Order 2003 (S.I. 2003/412
(N.I. 2)) (members of a person’s family).
24
The definition of “relative” in Article 2(2) of the Firearms (Northern Ireland)
Order 2004 (S.I. 2004/702 (N.I. 3)) (interpretation).
15
Schedule 17
Section 186

Social security, child support and tax credits
Part 1
Amendments of the Child Support Act 1991 (c. 48)
1
In section 15 (powers of inspectors), in subsection (7)—
20
(a)
after “married” insert “or is a civil partner”, and
(b)
after “spouse” insert “or civil partner”.
2
In section 55 (meaning of “child”), in subsection (2)—
(a)
in paragraph (a), after “married” insert “or a civil partner”,
(b)
in paragraph (b), after “marriage” insert “, or been a party to a civil
25
partnership,”, and
(c)
in paragraph (c), after “granted” insert “or has been a party to a civil
partnership in respect of which a nullity order has been made”.
3
For paragraph 6(5)(b) (as originally enacted) of Schedule 1 (maintenance
assessments) substitute—
30
“(b)
where the absent parent—
(i)
is living together in the same household with another
adult of the opposite sex (regardless of whether or not
they are married),
(ii)
is living together in the same household with another
35
adult of the same sex who is his civil partner, or
(iii)
is living together in the same household with another
adult of the same sex as if they were civil partners,

income of that other adult,”.