Paragraphs 144 to 146 - Trade Union and Labour Relations Act 1992 (c. 52)

1038.     Paragraph 144 amends section 23 of the 1992 Act in order to give a civil partner the same rights as the husband or wife of a trade union member. Section 23 provides for restriction on enforcement of awards against certain property held by trade unions. This includes property comprised in a separate fund maintained for the purpose only of providing provident benefits, including "a payment in discharge or aid of funeral expenses on the death of a member or the wife of a member or a provision for the children of a deceased member".

1039.     Paragraph 145 amends section 241 of the 1992 Act in order to give a civil partner the same protection as the husband or wife of a person. Section 241 relates to intimidation or annoyance in connection with industrial action. It provides that a person commits a criminal offence if, with a view to compelling another person to abstain from doing or to do an act which that person has a legal right to do or abstain from doing, he wrongfully and without legal authority uses violence to or intimidates that person or his wife or children.

1040.     Paragraph 146 amends section 292 of the 1992 Act in order to give a surviving civil partner the same rights as widow or widower of a person. Section 292 provides for the continuation of employment tribunal proceedings in the event of the death of an employee or employer by a personal representative. It provides that where there is no personal representative tribunal proceedings may be instituted or continued by such other person as the employment tribunal may appoint, being either, the widower, widow, child, father mother, brother, or sister of the employee.

Paragraph 147 - Charities Act 1993 (c. 10)

1041.     Paragraph 147 amends Schedule 5 to the Charities Act 1993. It ensures that the definition of "connected person" includes the civil partner (and any corporate body or institution in which they have an interest) of a person connected with a charity. The spouse (or corporate body or institution in which they have an interest) of such a person is already included in the definition.

Paragraph 148 - Pension Schemes Act 1993 (c. 48)

1042.     Paragraph 148 amends the Pension Schemes Act 1993 to allow pension schemes to secure their liability to provide benefits in respect of a pension credit with the consent of a surviving civil partner.

Paragraph 149 - Pension Schemes (Northern Ireland) Act 1993 (c. 49)

1043.     Paragraph 149 amends the Pension Schemes (Northern Ireland) Act 1993 to allow pension schemes to secure their liability to provide benefits in respect of a pension credit with the consent of a surviving civil partner.

Paragraph 150 - Disability Discrimination Act 1995 (c. 50)

1044.     Section 23 of the Disability Discrimination Act specifies circumstances in which section 22, relating to discrimination in relation to the disposal of premises, does not apply in certain cases where the "relevant occupier" resides on small premises. Section 23 (6) defines the "relevant occupier" for the purposes of this section as the person who has the power to dispose of premises or the person whose consent or licence is required to dispose of the premises, or a "near relative" of this person. "Near relative" is defined in section 23(7). Paragraph 150 extends the definition of "near relative" to include a civil partner or a relative by civil partnership. It also replaces the definition of partner so that it includes a reference to two people of the same sex who are not civil partners of each other but are living together as if they were civil partners.

Paragraph 151 - Employment Rights Act 1996 (c. 18)

1045.     Paragraph 151 amends subsection (3)(a) of section 57A of Employment Rights Act to include a civil partner as a dependant for the purposes of an employee's entitlement to time off for dependants. This ensures that an employee will be able to take time off work to deal with certain emergencies involving a dependant who is a civil partner, just as an employee may currently take time off work to deal with an emergency involving a spouse.

Paragraph 152 - Family Law Act 1996 (c. 27)

1046.     Paragraph 152 makes an amendment to add proceedings under Schedule 5 (financial relief in the High Court or a county court etc) and Schedule 6 (financial relief in magistrates' court etc.) to the Civil Partnership Act to the proceedings for which it is possible for the Lord Chancellor to provide for separate representation in section 64 of the Family Law Act 1996.

Paragraph 153 - Trusts of Land and Appointment of Trustees Act 1996 (c. 47)

1047.     Paragraph 153 amends paragraph 3 of Schedule 1 to the 1996 Act which concerns family charges. It extends the categories of land becoming charged voluntarily or in consideration of marriage so that it includes land charged in consideration of the formation of a civil partnership.

Paragraph 154 - Civil Procedure Act 1997 (c. 12)

1048.     Section 7(7) of the Civil Procedure Act 1997 preserves the right of a person to refuse to do anything on the ground that to do so might tend to expose him or his spouse to proceedings for an offence or recovery of a penalty. Paragraph 154 amends the Civil Procedure Act 1997 to extend this right by inserting a reference to a "civil partner" after the reference to "spouse."

Paragraph 155 - National Minimum Wage Act 1998 (c. 39)

1049.     Section 14(1)(b) and (c) of the National Minimum Wage Act 1998 provides that an officer acting for the purposes of the 1998 Act shall have power for the performance of his duties to require a relevant person to furnish him with certain information. Section 14(2) presently provides that a person shall not be required under section 14(1)(b) or (c) to answer any question or furnish any information which might incriminate the person or, if married, the person's spouse. Paragraph 155 amends section 14(2) to provide equal protection to a person in a civil partnership.

Paragraph 156 - Access to Justice Act 1999 (c. 22)

1050.     Paragraph 156 makes an amendment inserting a reference to proceedings for financial relief under Schedule 6 to the Civil Partnership Act 2004 (financial relief in the magistrates courts etc) after the reference to parallel legislative provisions relating to marriage in Schedule 2 to the Access to Justice Act 1999. The amendment provides that proceedings under Schedule 6 to the Civil Partnership Act are eligible for funding under the Community Legal Service in the same way as parallel proceedings in respect of marriage.

Paragraphs 157 to 161 - Welfare Reform and Pensions Act 1999 (c. 30)

1051.     Paragraphs 157 to 161 make a number of changes to the Welfare Reform and Pensions Act 1999 such that certain provisions which relate to pension sharing orders will apply where a civil partnership is dissolved or annulled. These amendments are made to the provisions concerning the supply of information, the charges which can be made in relation to earmarking orders, and the activation and implementation of pension sharing.

Paragraphs 162 to 163 - Immigration and Asylum Act 1999 (c. 33)

1052.     Paragraph 162 amends the Immigration and Asylum Act 1999 by inserting a new section, section 24A, which establishes a duty to report suspicious civil partnerships to the Home Office. Section 24A(1) places the duty to report, where there are reasonable grounds for suspecting a civil partnership will be a sham civil partnership, on those registration authorities to whom notice of proposed civil partnership is given under section 8 of the present Act; any person who attests a declaration under section 8; a district registrar who receives a notice under section 88; and a registrar who receives a notice under section 139.

1053.     Subsection (2) of 24A also applies the duty to report where two people register as civil partners of each other under Part 2, 3 or 4 of the Act if before, during or immediately after they do so the registrar has reasonable grounds for suspecting the civil partnership is, or will be, a sham civil partnership.

1054.     Subsection (3) of 24A establishes the duty to report to the Secretary of State without delay and in such form and manner as may be prescribed by regulations. Subsection (4) sets out who is to make the regulations. Subsection (5) defines the term "sham civil partnership" and subsection (6) defines the term "registrar".

1055.     Paragraph 163 is consequential.

Paragraph 164 - Representation of the People Act 2000 (c. 2)

1056.     Paragraph 164 makes amendments to the Representation of the People Act 2000 to provide that civil partners are treated in the same way as married couples with regard to the rights and obligations of spouses, husbands and wives in electoral legislation pertaining to voting by proxy.

Paragraphs 165 - 166 - Financial Services and Markets Act 2000 (c. 8)

1057.     Paragraph 165 amends section 422 (controller) of the Financial Services and Markets Act 2000 (c.8). It ensures that a civil partner will be treated in the same way as a spouse by adding reference to a civil partner in the definition of "associate" in section 422(4)(a) of the Act.

1058.     Paragraph 166 amends Paragraph 16 (qualifying persons) of Schedule 11 to the Financial Services and Markets Act 2000. It ensures that a civil partner or surviving civil partner of a relevant employee will be treated in the same way as a wife, husband, widow or widower of such an employee by adding reference to a civil partner and surviving civil partner in the definition of "qualifying person" in paragraph 16(2) of Schedule 11 to the Act.

Paragraph 167 - Land Registration Act 2002 (c. 9)

1059.     Section 125(2) of the Land Registration Act 2002 provides that no evidence obtained under subsection (1) of the provision is admissible in any criminal proceedings against the person from whom it was obtained or that person's spouse. Paragraph 167 extends this privilege to that person's civil partner by amending section 125(2).

Paragraphs 168 and 169 - Enterprise Act 2002 (c. 40)

1060.     Paragraph 168 amends section 127 (associated persons) of the Enterprise Act 2002. It ensures that a civil partner will be treated the same way as a spouse by adding references to civil partners in the definition of an "associated person", including relatives, in sections 127(4)(a) and (c) and 127 (6) of the Act. These definitions are relevant to determining whether "enterprises have ceased to be distinct" (i.e. there has been a merger) and what business activities can be made the subject of certain remedial action as a result of a merger or market investigation.

1061.     Paragraph 169 amends section 222(10) to extend the definition of "associate" to civil partners and their relatives. Civil partners and their relatives will therefore be treated as "associate persons" in the same way as spouses and their relatives when orders are sought to enforce consumer protection legislation against people who control companies.

Paragraph 170 - Licensing Act 2003 (c. 17)

1062.     Paragraph 170 amends section 101 of the Licensing Act 2003 to provide that a civil partner will be treated in the same way as a spouse when determining whether an individual is an associate of another person for the purposes of section 101.

Paragraph 171 - Local Government Act 2003 (c. 26)

1063.     Paragraph 171 amends paragraph 2(1)(a) of Schedule 4 to the Local Government Act 2003. It provides that a person shall be disqualified from being a member of the Valuation Tribunal Service ("VTS") if he is the civil partner of an employee of the VTS. This mirrors the provision that exists for spouses.

Paragraph 172 - Courts Act 2003 (c. 39)

1064.     Paragraph 172 amends section 76 of the Courts Act 2003 (dealing with the scope of the Family Procedure Rules) to add a reference to "civil partnership proceedings county court (within the meaning of Part 5 of the Matrimonial and Family Proceedings Act 1984)" after the reference to "divorce county court". This amendment will facilitate the drafting of rules for proceedings arising from civil partnerships and will enable the same rules committee to consider these rules together with the rules for family proceedings generally.

Paragraphs 173 to 175 - Sexual Offences Act 2003 (c. 42)

1065.     Paragraphs 173 to 175 amend sections 23, 28 and 43 of the Sexual Offences Act 2003 to include a reference to civil partners where there are currently only references to persons who are lawfully married. At present, sections 23, 28 and 43 provide that an offence will not be committed under sections 16 to 19, 25 and 26 and 38 to 41 respectively, of the 2003 Act where a person (B) is 16 years or over and (A) and (B) are lawfully married. Those sections also provide that the defendant must prove that A and B were lawfully married at the time. These amendments provide that an offence will not be committed under these sections where person B is 16 years or over and A and B are civil partners of each other and replace references to "were lawfully married at the time" with "were at the time lawfully married or civil partners of each other.".

Schedule 28 - Consequential amendments: Scotland

1066.     This Schedule sets out consequential amendments that will be required to Scottish primary legislation to take account of the new relationship of civil partners. The amendments pick up instances where spouses have a particular right or responsibility and where it is appropriate that this also apply to civil partners.

Part 1 - Amendments of the Succession (Scotland) Act 1964 (c. 41)

1067.     The Succession (Scotland) Act 1964 sets out the rights that spouses have under the law of succession (i.e. the law which governs how property is, on the death of its owner, handed over to those who succeed to it). This section amends references to spouses throughout the Succession (Scotland) Act 1964 to include reference to civil partners. This, coupled with section 131, has the effect of providing civil partners with the same rights of succession as spouses.

Part 2 - Amendments of the Family Law (Scotland) Act 1985 (c. 37)

1068.     This section addresses the financial provision which should be made when a civil partnership ends. It makes amendments to the Family Law (Scotland) Act 1985 to include reference to civil partners. The amendments mean that civil partners should be treated in the same way as spouses in determining the rights and responsibilities to financial provision following dissolution of a civil partnership. It further provides that any child brought up in a civil partnership as a child of the family can be financially provided for following the breakdown of the civil partnership. This part of the Act is easiest read in conjunction with the Family Law (Scotland) Act 1985.

Part 3 - Amendments of the Bankruptcy (Scotland) Act 1985 (c. 66)

1069.     This section amends the Bankruptcy (Scotland) Act 1985 to ensure that civil partners are recognised in the same way as spouses.

Part 4 - Miscellaneous amendments

1070.     This part amends various pieces of primary legislation to include civil partners as appropriate.

Schedule 29 - Minor and consequential amendments: Northern Ireland

1071.     This Schedule amends various pieces of Northern Ireland legislation to include civil partners as appropriate. The amendments contained within this Schedule extend to Northern Ireland only.

Paragraph 1 - Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.))

1072.     Paragraph 1 amends section 46(2) of the Interpretation Act (Northern Ireland) 1954 to include a definition of a civil partnership.

Paragraphs 2 and 3 - Trustee Act (Northern Ireland) 1958 (c. 23 (N.I.))

1073.     Paragraph 2 amends section 32(3)(a) of the 1958 Act. That section relates to trustees' powers to apply income for maintenance and to accumulate surplus income during a minority. Sub-paragraph (i) refers to the marriage of the infant for whom the income is held. This is amended to refer to either the marriage or civil partnership of such person. Paragraph 2 also amends section 34 of the 1958 Act which relates to the holding of income on protective trusts for the benefit of any person. The reference to husband or wife is amended to include spouse or civil partner.

Paragraphs 4 and 5 - Perpetuities Act (Northern Ireland) 1966 (c. 2 (N.I.))

1074.     Paragraph 4 amends section 3(4) and (5) of the Perpetuities Act (Northern Ireland) 1966 which makes provision in relation to dispositions of interests in circumstances where there is uncertainty as to remoteness. The references to "spouse" are amended to include civil partners.

1075.     Section 5 of the 1966 Act makes provision in relation to dispositions which are conditional upon the death of a surviving spouse. Paragraph 5 amends references to "spouse" contained within section 5 of the 1966 Act to include civil partners.

Paragraph 6 - Office and Shop Premises Act (Northern Ireland) 1966 (c.26 (N.I.))

1076.     The Office and Shop Premises Act (Northern Ireland) 1966 lays down a number of requirements relating to the health, safety and welfare of persons employed to work in office or shop premises. Section 2(1) of the 1966 Act provides that office or shop premises where only the employer's relatives work are exempted from the scope of the 1966 Act. Paragraph 6 amends section 2(1) of the 1966 Act to include civil partners in the definition of an employer's relatives.

Paragraphs 7 and 8 - Maintenance and Affiliation Orders Act (Northern Ireland) 1966 (c. 35 (N.I.))

1077.     Paragraph 7 amends section 10(2) of the Maintenance and Affiliation Orders Act (Northern Ireland) 1966 which defines a "maintenance order" for the purposes of the 1966 Act. The amendment provides that orders made under particular provisions of the Civil Partnership Act 2004 are included within this definition.

1078.     Section 13 of the 1966 Act makes provision in relation to the variation of orders registered in courts of summary jurisdiction. Paragraph 8 amends section 13(5A) & (7B) of the 1966 Act to ensure that particular orders made under the Civil Partnership Act 2004 are treated in the same manner as those made under the corresponding provisions of the Domestic Proceedings (NI) Order 1980 and the Matrimonial and Family Proceedings (NI) Order 1989.

Paragraph 9 - Census Act (Northern Ireland) 1969 (c.8 (N.I.))

1079.     Paragraph 5 of the Schedule to the Census Act (Northern Ireland) 1969 sets out matters in respect of which particulars may be required for the purposes of a census. Paragraph 9 amends the Schedule to the 1969 Act to provide that particulars may be required in respect of a person's condition as to a civil partnership for the purposes of a census.

Paragraph 10 - Theft Act (Northern Ireland) 1969 (c. 16 (N.I.))

1080.     Paragraph 10 amends section 29(1) of the Theft Act (Northern Ireland) 1969 which makes provision in relation to the effect of the 1969 Act on civil proceedings and rights. The amendment allows for civil partners to be treated in the same manner as spouses in relation to the 1969 Act in so far as self-incrimination is concerned in relation to an offence under the 1969 Act.

Paragraphs 11 and 12 - Industrial and Provident Societies Act (Northern Ireland) 1969 (c. 24 (N.I.))

1081.     Paragraph 11 amends section 22 of the 1969 Act. That section makes provision for members of registered societies to nominate persons to become entitled to any property in the society. A nomination will not be valid if the nominee is an officer of the society unless that person is a spouse or family of the member. The reference in section 22(2) to husband and wife is amended to include spouse or civil partner. Section 22(6) is amended to ensure that any nomination is revoked by the marriage or civil partnership of a member.

1082.     Paragraph 12 amends the definition of "member of the family" in section 101 of the 1969 Act to include a spouse and civil partner.

Paragraph 13 - Land Registration Act (Northern Ireland) 1970 (c.18 (N.I.))

1083.     Schedule 11 to the Land Registration Act (Northern Ireland) 1970 sets out various matters which are required to be registered in the Statutory Charges Register. Paragraph 13 amends Schedule 11 to the 1970 Act to provide that orders made under paragraph 59(2) of Schedule 15 to the Civil Partnership Act 2004 must also be registered in the Statutory Charges Register.

Paragraphs 14 and 15 - Leasehold (Enlargement and Extension) Act (Northern Ireland) 1971 (c.7 (N.I.))

1084.     Paragraph 14 amends section 1 of the 1971 Act which makes provision in relation to a person's general right to acquire a fee simple or to obtain an extension of a lease. The reference in section 1 to a spouse is amended to include a civil partner.

1085.     Paragraph 15 amends section 19 which relates to restrictions on a person's right to extend a lease or to acquire a fee simple. The reference to a spouse in section 19 is amended to include a civil partner.

Paragraph 16 - Civil Evidence Act (Northern Ireland) 1971 (c. 36 (N.I.))

1086.     Section 10 of the Civil Evidence Act (Northern Ireland) 1971 provides that a person has a right to refuse to answer incriminating questions in legal proceedings if those questions would tend to expose that person or his/her spouse to proceedings for a criminal offence. Paragraph 16 amends section 10 of the 1971 Order to ensure that the privilege against incrimination of a spouse is extended to civil partners.

Paragraphs 17 and 18 - Local Government Act (Northern Ireland) 1972 (c. 9 (N.I.))

1087.     Paragraph 17 amends section 30(6) of the 1972 Act which provides a list of persons who are considered to be in a "relevant family relationship". Under certain circumstances councillors must disclose such relationships to the council. References to "husband" and "wife" have been amended to include civil partners in the same context.

1088.     Paragraph 18 amends section 146(2) of the 1972 Act which makes provision in relation to the pecuniary interests of spouses living together. References to spouses are amended to include civil partners. The provisions amended are intended to remove any conflict of interest between councillors and the work of the council.

Paragraph 19 - Employers' Liability (Defective Equipment and Compulsory Insurance) (Northern Ireland) Order 1972 (S.I. 1972/963 (N.I. 6))

1089.     The Employers' Liability (Defective Equipment and Compulsory Insurance) (Northern Ireland) Order 1972 requires employers to insure against their liability for personal injury to their employees. Insurance is not required however where the employee is a specified relation of the employer. Paragraph 19 extends the list of relations identified by article 6(a) of the Employer's Liability Order to include a civil partner of the employee and any other relationships formed by virtue of a civil partnership.

Paragraph 20 - Births and Deaths Registration (Northern Ireland) Order 1976 (S.I. 1976/1041 (N.I. 14))

1090.     Paragraph 20 extends the definition of "relative" in Article 2(2) of the 1976 Order to include relatives by civil partnership as well as by marriage. This will qualify civil partners and those related to them to give information concerning a death to a registrar of births and deaths, providing the civil partner meets the prescribed conditions in order to give this information.

Paragraph 21 - Sex Discrimination (Northern Ireland) Order 1976 (S.I. 1976/1042 (N.I. 15))

1091.     Paragraph 21 amends the definition of "near relative" in Article 2(6) of the 1976 Order to include civil partners and relatives of civil partners. This is relevant for the housing provisions in Articles 30 to 33 of the 1976 Order which make it unlawful to discriminate in relation to the disposal or management of premises, or in relation to giving consent for the assignment of a lease or for sub-letting. Article 33 provides an exception for small dwellings occupied by the alleged discriminator and/or a near relative where there is other accommodation in addition to that occupied by the alleged discriminator and/or his near relative which he shares with other persons residing on the premises who are not members of his household.

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

1092.     Paragraph 22 amends Article 3(3)(e)(iii) of the Pharmacy (Northern Ireland) Order 1976 which sets out the objectives of the Pharmaceutical Society of Northern Ireland. The amendment ensures that a civil partner of a deceased member of the Society is treated in the same manner as a widow and may receive financial relief.

Paragraph 23 - Criminal Damage (Northern Ireland) Order 1977 (S.I. 1977/426 (N.I. 4))

1093.     Article 11 of the Criminal Damage (Northern Ireland) Order 1977 makes provision in relation to the giving of evidence in connection with offences under the 1977 Order. Paragraph 23 amends Article 11 of the 1977 Order to ensure that civil partners are treated in the same manner as husbands and wives.

Paragraphs 24 to 26 - Judicature (Northern Ireland) Act 1978 (c.23)

1094.     Section 31(7)(b) of the Judicature (Northern Ireland) Act 1978 provides that the High Court's powers in relation to the remittal and removal of proceedings to a county court do not apply to applications under section 17 of the Married Women's Property Act 1882. Paragraph 24 amends section 31(7)(b) so that the High Court's powers of removal and remittal do not apply to applications made under provisions in the Civil Partnership Act 2004 corresponding to section 17 of the 1882 Act.

1095.     Section 35(2)(e) of the 1978 Act provides that the Court of Appeal may not hear an appeal from specific orders or judgements made by the High Court in relation to a marriage. Paragraph 25 amends section 35(2) of the 1978 Act so that appeals may not lie to the Court of Appeal from particular orders or judgements made by the High Court in relation to a civil partnership.

1096.     Section 94A of the 1978 Act makes provision in relation to proceedings where the privilege against incrimination of self or spouse is withdrawn. Paragraph 26 amends section 94A to ensure that a civil partner has the same rights as a spouse in relation to this privilege.