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]
Part 6 — Relationships arising through civil partnership
87

(5)
Subsections (3) and (4) of section 138 apply to regulations made under
subsection (4) as they apply to regulations under that section.
179
Orders in Council: supplementary
(1)
An Order in Council under section 150, 151, 174, 175, 176 or 177 may make—
(a)
different provision for different cases, and
5
(b)
such supplementary, incidental, consequential, transitional, transitory
or saving provision as appears to Her Majesty to be appropriate.
(2)
The provision that may be made by virtue of subsection (1)(b) includes in
particular provision corresponding to or applying with modifications any
provision made by or under—
10
(a)
this Act, or
(b)
any Act relating to marriage outside the United Kingdom.
(3)
A statutory instrument containing an Order in Council under section 150, 151,
174, 175, 176 or 177 is subject to annulment in pursuance of a resolution of
either House of Parliament.
15
(4)
Subsection (3) applies whether or not the Order also contains other provisions
made by Order in Council under—

the Foreign Marriage Act 1892 (c. 23),

section 3 of the Foreign Marriage Act 1947 (c. 33), or

section 39 of the Marriage Act 1949 (c. 76).
20
(5)
In sections 150, 151, 174, 175 and 176 “prescribed” means prescribed by an
Order in Council under the section in question.
180
Interpretation
(1)
In this Part “United Kingdom national” means a person who is—
(a)
a British citizen, a British overseas territories citizen, a British Overseas
25
citizen or a British National (Overseas),
(b)
a British subject under the British Nationality Act 1981 (c. 61), or
(c)
a British protected person, within the meaning of that Act.
(2)
In this Part “Her Majesty’s forces” has the same meaning as in the Army Act
1955 (3 & 4 Eliz. 2 c. 18).
30
Part 6
Relationships arising through civil partnership
181
Interpretation of statutory references to stepchildren etc.
(1)
In any provision to which this section applies, references to a stepchild or step-
parent of a person (here, “A”), and cognate expressions, are to be read as
35
follows—

A’s stepchild includes a person who is the child of A’s civil partner (but
is not A’s child);

A’s step-parent includes a person who is the civil partner of A’s parent
(but is not A’s parent);
40

Civil Partnership Bill [HL]
Part 6 — Relationships arising through civil partnership
88


A’s stepdaughter includes a person who is the daughter of A’s civil
partner (but is not A’s daughter);

A’s stepson includes a person who is the son of A’s civil partner (but is
not A’s son);

A’s stepfather includes a person who is the civil partner of A’s father (but
5
is not A’s parent);

A’s stepmother includes a person who is the civil partner of A’s mother
(but is not A’s parent);

A’s stepbrother includes a person who is the son of the civil partner of A’s
parent (but is not the son of either of A’s parents);
10

A’s stepsister includes a person who is the daughter of the civil partner of
A’s parent (but is not the daughter of either of A’s parents).
(2)
For the purposes of any provision to which this section applies—

“brother-in-law” includes civil partner’s brother,

“daughter-in-law” includes daughter’s civil partner,
15

“father-in-law” includes civil partner’s father,

“mother-in-law” includes civil partner’s mother,

“parent-in-law” includes civil partner’s parent,

“sister-in-law” includes civil partner’s sister, and

“son-in-law” includes son’s civil partner.
20
182
Provisions to which section 181 applies: Acts of Parliament etc.
(1)
Section 181 applies to—
(a)
any provision listed in Schedule 15 (references to stepchildren, in-laws
etc. in existing Acts),
(b)
except in so far as otherwise provided, any provision made by a future
25
Act, and
(c)
except in so far as otherwise provided, any provision made by future
subordinate legislation.
(2)
The Secretary of State may by order—
(a)
amend Schedule 15 by adding to it any provision of an existing Act;
30
(b)
provide for section 181 to apply to prescribed provisions of existing
subordinate legislation.
(3)
In relation to a provision which is a relevant Scottish provision, an order under
subsection (2) may be made by the Scottish Ministers.
(4)
The power to make an order under subsection (2) is exercisable by statutory
35
instrument.
(5)
A statutory instrument containing an order under subsection (2), other than an
instrument made by the Scottish Ministers, is subject to annulment in
pursuance of a resolution of either House of Parliament.
(6)
A statutory instrument containing an order under subsection (2) made by the
40
Scottish Ministers is subject to annulment in pursuance of a resolution of the
Scottish Parliament.
(7)
In this section—

“Act” includes an Act of the Scottish Parliament;

Civil Partnership Bill [HL]
Part 6 — Relationships arising through civil partnership
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“existing Act” means an Act passed on or before the last day of the Session
in which this Act is passed;

“existing subordinate legislation” means subordinate legislation made
before the day on which this section comes into force;

“future Act” means an Act passed after the last day of the Session in which
5
this Act is passed;

“future subordinate legislation” means subordinate legislation made on
or after the day on which this section comes into force;

“prescribed” means prescribed by the order;

“relevant Scottish provision” means a provision that would be within the
10
legislative competence of the Scottish Parliament if it were included in
an Act of that Parliament;

“subordinate legislation” has the same meaning as in the Interpretation
Act 1978 (c. 30) except that it includes an instrument made under an Act
of the Scottish Parliament.
15
183
Provisions to which section 181 applies: Northern Ireland
(1)
Section 181 applies to—
(a)
any provision listed in Schedule 16 (references to stepchildren, etc. in
Northern Ireland legislation),
(b)
except in so far as otherwise provided, any provision made by any
20
future Northern Ireland legislation, and
(c)
except in so far as otherwise provided, any provision made by any
future subordinate legislation.
(2)
The Department of Finance and Personnel may by order—
(a)
amend Schedule 16 by adding to it any provision of existing Northern
25
Ireland legislation;
(b)
provide for section 181 to apply to prescribed provisions of existing
subordinate legislation.
(3)
The power to make an order under subsection (2) is exercisable by statutory
rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979
30
(S.I. 1979/1573 (N.I. 12)).
(4)
An order under subsection (2) is subject to negative resolution (within the
meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 (1954
c. 33 (N.I.)).
(5)
In this section—
35

“existing Northern Ireland legislation” means Northern Ireland
legislation passed or made on or before the last day of the Session in
which this Act is passed;

“existing subordinate legislation” means subordinate legislation made
before the day on which this section comes into force;
40

“future Northern Ireland legislation” means Northern Ireland legislation
passed or made after the last day of the Session in which this Act is
passed;

“future subordinate legislation” means subordinate legislation made on
or after the day on which this section comes into force;
45

“prescribed” means prescribed by the order;

Civil Partnership Bill [HL]
Part 7 — Miscellaneous
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“subordinate legislation” means any instrument (within the meaning of
section 1(c) of the Interpretation Act (Northern Ireland) 1954 (1954 c. 33
(N.I.))).
Part 7
Miscellaneous
5
184
Discrimination against civil partners in employment field
(1)
Amend the Sex Discrimination Act 1975 (c. 65) as follows.
(2)
For section 3 (discrimination against married persons in employment field)
substitute—
“3
Discrimination against married persons and civil partners in
10
employment field
(1)
In any circumstances relevant for the purposes of any provision of Part
2, a person discriminates against a person (“A”) who fulfils the
condition in subsection (2) if—
(a)
on the ground of the fulfilment of the condition, he treats A less
15
favourably than he treats or would treat a person who does not
fulfil the condition, or
(b)
he applies to A a provision, criterion or practice which he
applies or would apply equally to a person who does not fulfil
the condition, but—
20
(i)
which puts or would put persons fulfilling the condition
at a particular disadvantage when compared with
persons not fulfilling the condition, and
(ii)
which puts A at that disadvantage, and
(iii)
which he cannot show to be a proportionate means of
25
achieving a legitimate aim.
(2)
The condition is that the person is—
(a)
married, or
(b)
a civil partner.
(3)
For the purposes of subsection (1), a provision of Part 2 framed with
30
reference to discrimination against women is to be treated as applying
equally to the treatment of men, and for that purpose has effect with
such modifications as are requisite.”
(3)
In section 5 (interpretation), for subsection (3) substitute—
“(3)
Each of the following comparisons, that is—
35
(a)
a comparison of the cases of persons of different sex under
section 1(1) or (2),
(b)
a comparison of the cases of persons required for the purposes
of section 2A, and
(c)
a comparison of the cases of persons who do and who do not
40
fulfil the condition in section 3(2),

must be such that the relevant circumstances in the one case are the
same, or not materially different, in the other.”;

and omit section 1(4).

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Part 7 — Miscellaneous
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(4)
In section 7 (exception where sex is a genuine occupational qualification), in
subsection (2)(h) for “by a married couple” substitute “—
(i)
by a married couple,
(ii)
by a couple who are civil partners of each other, or
(iii)
by a married couple or a couple who are civil partners of
5
each other”.
(5)
In section 65 (remedies on complaint under section 63), in subsection (1B) for
“or marital status as the case may be” substitute “or (as the case may be)
fulfilment of the condition in section 3(2)”.
185
Civil partners to have unlimited insurable interest in each other
10
(1)
Where two people are civil partners, each of them is to be presumed for the
purposes of section 1 of the Life Assurance Act 1774 (c. 48) to have an interest
in the life of the other.
(2)
For the purposes of section 3 of the 1774 Act, there is no limit on the amount of
value of the interest.
15
(3)
This section applies in relation to contracts of assurance entered into on or after
the day on which it comes into force.
186
Social security, child support and tax credits
(1)
Schedule 17 amends certain enactments relating to social security, child
support and tax credits.
20
(2)
Subsection (3) applies in relation to any provision of any Act or subordinate
legislation which—
(a)
relates to social security, child support or tax credits, and
(b)
contains references (however expressed) to persons who are living or
have lived together as husband and wife.
25
(3)
The power under section 191 to make orders amending enactments and
subordinate legislation is to be treated as including power to amend the
provision to refer to persons who are living or have lived together as if they
were civil partners.
(4)
Section 175(3), (5) and (6) of the Social Security Contributions and Benefits Act
30
1992 (c. 4) applies to the exercise of the power under section 191 in relation to
social security, child support or tax credits as it applies to any power under that
Act to make an order (there being disregarded for the purposes of this
subsection the exceptions in section 175(3) and (5) of that Act).
(5)
The reference in subsection (2) to an Act relating to social security is to be read
35
as including a reference to the Pneumoconiosis etc. (Workers’ Compensation)
Act 1979 (c. 41); and the reference in subsection (4) to social security is to be
construed accordingly.
187
Power to amend enactments relating to pensions
(1)
A Minister of the Crown may by order make such amendments, repeals or
40
revocations in any enactment, subordinate legislation or Church legislation
relating to pensions, allowances or gratuities as he considers appropriate for
the purpose of, or in connection with, making provision with respect to

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Part 7 — Miscellaneous
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pensions, allowances or gratuities for the surviving civil partners or
dependants of deceased civil partners.
(2)
The power conferred by subsection (1) is also exercisable by the Scottish
Ministers if the provision making the amendment, repeal or revocation is a
relevant Scottish provision.
5
(3)
In the case of judicial pensions, allowances or gratuities, the power conferred
by subsection (1) is exercisable—
(a)
in relation to any judicial office whose jurisdiction is exercised
exclusively in relation to Scotland, by the Secretary of State, or
(b)
subject to paragraph (a), by the Lord Chancellor.
10
(4)
The provision which may be made by virtue of subsection (1) may be the same
as, or different to, the provision made with respect to widows, widowers or the
dependants of persons who are not civil partners.
(5)
The power conferred by subsection (1) is not restricted by any provision of this
Act.
15
(6)
Before the appropriate person makes an order under subsection (1) he must
consult such persons as he considers appropriate.
(7)
Subsection (6) does not apply—
(a)
to an order in the case of which the appropriate person considers that
consultation is inexpedient because of urgency, or
20
(b)
to an order made before the end of the period of 6 months beginning
with the coming into force of this section.
(8)
The power to make an order under subsection (1) is exercisable by statutory
instrument.
(9)
An order under subsection (1) which contains any provision (whether alone or
25
with other provisions) amending, repealing or revoking any enactment or
Church legislation (other than any enactment relating to judicial pensions,
allowances or gratuities) may not be made—
(a)
by a Minister of the Crown, unless a draft of the statutory instrument
containing the order has been laid before, and approved by a resolution
30
of, each House of Parliament;
(b)
by the Scottish Ministers, unless a draft of the statutory instrument
containing the order has been laid before, and approved by a resolution
of, the Scottish Parliament.
(10)
A statutory instrument containing an order under this section to which
35
subsection (9) does not apply—
(a)
if made by a Minister of the Crown, is subject to annulment in
pursuance of a resolution of either House of Parliament;
(b)
if made by the Scottish Ministers, is subject to annulment in pursuance
of a resolution of the Scottish Parliament.
40
(11)
In this section—

“the appropriate person”, in relation to an order under this section, means
the person making the order;

“Church legislation” means—
(a)
any Measure of the Church Assembly or of the General Synod
45
of the Church of England, or

Civil Partnership Bill [HL]
Part 8 — Supplementary
93

(b)
any order, regulation or other instrument made under or by
virtue of such a Measure;

“enactment” includes an enactment comprised in an Act of the Scottish
Parliament;

“Minister of the Crown” has the same meaning as in the Ministers of the
5
Crown Act 1975 (c. 26);

“relevant Scottish provision” means a provision that would be within the
legislative competence of the Scottish Parliament if it were included in
an Act of that Parliament;

“subordinate legislation” has the same meaning as in the Interpretation
10
Act 1978 (c. 30) except that it includes any instrument made under an
Act of the Scottish Parliament.
188
Amendment of certain enactments relating to pensions
Schedule 18 amends certain enactments relating to pensions.
189
Amendment of certain enactments relating to the armed forces
15
Schedule 19 amends certain enactments relating to the armed forces.
Part 8
Supplementary
190
Regulations and orders
(1)
This section applies to any power conferred by this Act to make regulations or
20
an order (except a power of a court to make an order).
(2)
The power may be exercised so as to make different provision for different
cases and different purposes.
(3)
The power includes power to make any supplementary, incidental,
consequential, transitional, transitory or saving provision which the person
25
making the regulations or order considers expedient.
191
Power to make further provision in connection with civil partnership
(1)
A Minister of the Crown may by order make such further provision (including
supplementary, incidental, consequential, transitory, transitional or saving
provision) as he considers appropriate—
30
(a)
for the general purposes, or any particular purpose, of this Act,
(b)
in consequence of any provision made by or under this Act, or
(c)
for giving full effect to this Act or any provision of it.
(2)
The power conferred by subsection (1) is also exercisable—
(a)
by the Scottish Ministers, in relation to a relevant Scottish provision;
35
(b)
by the National Assembly for Wales, in relation to a provision which is
made otherwise than by virtue of subsection (3) and deals with matters
with respect to which functions are exercisable by the Assembly.
(3)
An order under subsection (1) may—