SCHEDULE 27 continued
139 In paragraph 1(2) of Part 1 of Schedule 2 (restrictions on the holding of licences)—
(a) in paragraphs (a) and (d), after “husband or wife” (in each place) insert “or civil partner”, and
(b) at the end insert “and references to a civil partner shall include a former civil partner”.
140 (1) In section 9(1)(a) (joint and several liability for council tax of married couple resident in same dwelling), after “is married to” insert “, or is the civil partner of,”.
(2) After section 9(3) insert—
“(4) For the purposes of this section two persons are civil partners of each other if they are of the same sex and either—
(a) they are civil partners of each other; or
(b) they are not civil partners of each other but are living together as if they were civil partners.”
(3) In section 18(1)(b) (power to make regulations to deal with death of a person liable for council tax as a spouse under section 9), after “spouse” insert “or civil partner”.
141 In section 77 (information on appointed actuary to be annexed to balance sheet), in subsection (3)(a), after “spouse” insert “or civil partner”.
142 In section 119A (meaning of “associate”), in subsection (1)(a), after “wife or husband” insert “or civil partner”.
143 In Schedule 2 (the activities of a friendly society), in Head A, in class II—
(a) in the second column (description), after “Marriage” insert “, civil partnership”, and
(b) in the third column (nature of business), after “sum on marriage” insert “or on the formation of a civil partnership”.
144 In section 23 (restriction on enforcement of awards against certain property), in subsection (3)(b) for “the wife” substitute “the spouse or civil partner”.
145 In section 241 (intimidation or annoyance by violence or otherwise), in subsection (1)(a), for “wife” substitute “spouse or civil partner”.
146 In section 292 (death of employee or employer), in subsection (3)(b), after “widow,” insert “surviving civil partner,”.
147 In Schedule 5 (meaning of “connected person” for purposes of section 36(2)) in paragraph 1(e) after “spouse” insert “or civil partner”.
148 In section 101E(1)(b) after “or widower” insert “or surviving civil partner”.
149 In section 97E(1)(b) after “or widower” insert “or surviving civil partner”.
150 (1) In section 23 (exemption for small dwellings), amend subsection (7) as follows.
(2) In the definition of “near relative”—
(a) after “spouse” insert “or civil partner”, and
(b) for “by affinity)” substitute “by marriage or civil partnership)”.
(3) For the definition of “partner” substitute—
““partner” means the other member of a couple consisting of—
(a) a man and a woman who are not married to each other but are living together as husband and wife, or
(b) two people of the same sex who are not civil partners of each other but are living together as if they were civil partners.”
151 In section 57A (time off for dependants), in subsection (3)(a), after “spouse” insert “or civil partner”.
152 (1) Amend section 64 (provision for separate representation for children) as follows.
(2) Omit “or” at the end of subsection (1)(c).
(3) At the end of subsection (1)(d) insert “or
(e) Schedule 5 or 6 to the Civil Partnership Act 2004.”
153 In paragraph 3 of Schedule 1 (family charges), after “in consideration of marriage” insert “or the formation of a civil partnership”.
154 In section 7 (power of courts to make orders for preserving evidence etc.), in subsection (7), after “spouse” insert “or civil partner”.
155 In section 14 (powers of officers), in subsection (2), for “married, the person’s spouse” substitute “married or a civil partner, the person’s spouse or civil partner”.
156 In Schedule 2 (community legal service: excluded services), in paragraph 2(3)(d), after “Domestic Proceedings and Magistrates' Courts Act 1978” insert “or Schedule 6 to the Civil Partnership Act 2004”.
157 (1) Amend section 23 (supply of pension information in connection with divorce etc.) as follows.
(2) After subsection (1)(a)(i) insert—
“(ia) financial relief under Schedule 5 or 7 to the Civil Partnership Act 2004 (England and Wales powers in relation to domestic and overseas dissolution of civil partnerships etc.),”.
(3) In subsection (1)(a)(ii)—
(a) after “1984” insert “or Schedule 11 to the 2004 Act”, and
(b) at the end, omit “or”.
(4) In subsection (1)(a)(iii) for “(corresponding Northern Ireland powers);” substitute “(Northern Ireland powers corresponding to those mentioned in sub-paragraph (i)), or
(iv) financial relief under Schedule 15 or 17 to the 2004 Act (Northern Ireland powers corresponding to those mentioned in sub-paragraph (ia));”.
(5) In subsection (1)(b), for “or (iii)” substitute “(ia), (iii) or (iv)”.
158 (1) Amend section 24 (charges by pension arrangements in relation to earmarking orders) as follows.
(2) After paragraph (a) insert—
“(aa) an order under Part 1 of Schedule 5 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 6 of that Schedule (powers to include provision about pensions),”.
(3) At the end of paragraph (b) omit “or” and after paragraph (c) insert “, or
(d) an order under Part 1 of Schedule 15 to the 2004 Act so far as it includes provision made by virtue of Part 5 of that Schedule (Northern Ireland powers corresponding to those mentioned in paragraph (aa)).”
159 (1) Amend section 28 (activation of pension sharing) as follows.
(2) After subsection (1)(a) insert—
“(aa) a pension sharing order under Schedule 5 to the Civil Partnership Act 2004,”.
(3) After subsection (1)(d) insert—
“(da) an order under Schedule 7 to the 2004 Act (financial relief in England and Wales after overseas dissolution etc. of a civil partnership) corresponding to such an order as is mentioned in paragraph (aa),”.
(4) In subsection (1)(f)—
(a) at the end of sub-paragraph (i) insert “or between persons who are civil partners of each other”, and
(b) at the end of sub-paragraph (iii) insert “or (as the case may be) on the grant, in relation to the civil partnership, of decree of dissolution or of declarator of nullity”.
(5) In subsection (1)(g), after “divorce etc.)” insert “or under Schedule 11 to the 2004 Act (financial provision in Scotland after overseas proceedings)”.
(6) In subsection (1)(h) for “Northern Ireland legislation, and” substitute “the Matrimonial Causes (Northern Ireland) Order 1978 (S.I. 1978/1045 (N.I. 15)),”.
(7) After subsection (1)(i) insert—
“(j) a pension sharing order under Schedule 15 to the 2004 Act, and
(k) an order under Schedule 17 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 (j).”
(8) In subsection (7)(a), omit “matrimonial”.
(9) In subsection (8)—
(a) in paragraph (a), after “divorce” insert “, dissolution”, and
(b) at the end of paragraph (b) insert “or, where the order is under Schedule 11 to the 2004 Act, the date of disposal of the application under paragraph 2 of that Schedule”.
(10) In subsection (9)—
(a) omit “matrimonial”, and
(b) in paragraphs (a) and (b)(i), after “divorce” insert “, dissolution”.
160 (1) Amend section 34 (“implementation period”) as follows.
(2) In subsection (1)(b)(i), omit “matrimonial”.
(3) In subsection (2)—
(a) omit “matrimonial”, and
(b) in paragraph (b), after “divorce” insert “, dissolution”.
161 (1) Amend section 48 (activation of benefit sharing) as follows.
(2) After subsection (1)(a) insert—
“(aa) a pension sharing order under Schedule 5 to the Civil Partnership Act 2004,”.
(3) After subsection (1)(d) insert—
“(da) an order under Schedule 7 to the 2004 Act (financial relief in England and Wales after overseas dissolution etc. of a civil partnership) corresponding to such an order as is mentioned in paragraph (aa),”.
(4) In subsection (1)(f)—
(a) at the end of sub-paragraph (i) insert “or between persons who are civil partners of each other”, and
(b) at the end of sub-paragraph (iii) insert “or (as the case may be) on the grant, in relation to the civil partnership, of decree of dissolution or of declarator of nullity”.
(5) In subsection (1)(g), after “divorce etc.)” insert “or under Schedule 11 to the 2004 Act (financial provision in Scotland after overseas proceedings)”.
(6) In subsection (1)(h) for “Northern Ireland legislation, and” substitute “the Matrimonial Causes (Northern Ireland) Order 1978 (S.I. 1978/1045 (N.I. 15)),”.
(7) After subsection (1)(i) insert—
“(j) a pension sharing order under Schedule 15 to the 2004 Act, and
(k) an order under Schedule 17 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 (j).”
(8) In subsection (6)(a), omit “matrimonial”.
(9) In subsection (7)—
(a) in paragraph (a), after “divorce” insert “, dissolution”, and
(b) at the end of paragraph (b) insert “or, where the order is under Schedule 11 to the 2004 Act, the date of disposal of the application under paragraph 2 of that Schedule”.
(10) In subsection (8)—
(a) omit “matrimonial”, and
(b) in paragraphs (a) and (b)(i), after “divorce” insert “, dissolution”.
162 After section 24 insert—
(1) Subsection (3) applies if—
(a) a registration authority to whom a notice of proposed civil partnership has been given under section 8 of the Civil Partnership Act 2004,
(b) any person who, under section 8 of the 2004 Act, has attested a declaration accompanying such a notice,
(c) a district registrar to whom a notice of proposed civil partnership has been given under section 88 of the 2004 Act, or
(d) a registrar to whom a civil partnership notice has been given under section 139 of the 2004 Act,
has reasonable grounds for suspecting that the civil partnership will be a sham civil partnership.
(2) Subsection (3) also applies if—
(a) two people register as civil partners of each other under Part 2, 3 or 4 of the 2004 Act in the presence of the registrar, and
(b) before, during or immediately after they do so, the registrar has reasonable grounds for suspecting that the civil partnership will be, or is, a sham civil partnership.
(3) The person concerned must report his suspicion to the Secretary of State without delay and in such form and manner as may be prescribed by regulations.
(4) The regulations are to be made—
(a) in relation to England and Wales, by the Registrar General for England and Wales with the approval of the Chancellor of the Exchequer;
(b) in relation to Scotland, by the Secretary of State after consulting the Registrar General of Births, Deaths and Marriages for Scotland;
(c) in relation to Northern Ireland, by the Secretary of State after consulting the Registrar General in Northern Ireland.
(5) “Sham civil partnership” means a civil partnership (whether or not void)—
(a) formed between a person (“A”) who is neither a British citizen nor a national of an EEA State other than the United Kingdom and another person (whether or not such a citizen or such a national), and
(b) formed by A for the purpose of avoiding the effect of one or more provisions of United Kingdom immigration law or the immigration rules.
(6) “The registrar” means—
(a) in relation to England and Wales, the civil partnership registrar acting under Part 2 of the 2004 Act;
(b) in relation to Scotland, the authorised registrar acting under Part 3 of the 2004 Act;
(c) in relation to Northern Ireland, the registrar acting under Part 4 of the 2004 Act.”
163 In section 166 (regulations and orders), in subsection (6)(b) after “24(3)” insert “, 24A(3)”.
164 (1) Amend Schedule 4 (absent voting in Great Britain) as follows.
(2) In paragraph 3(3)(c), for “his spouse,” (in both places) substitute “his spouse or civil partner,”.
(3) In paragraph 6(6), for “husband, wife,” substitute “spouse, civil partner,”.
165 In section 422 (controller), in subsection (4)(a), after “spouse” insert “or civil partner”.
166 In Schedule 11 (offers of securities), in paragraph 16(2), after “wife, husband, widow, widower” insert “, civil partner, surviving civil partner,”.
167 In section 125 (privilege against self-incrimination), in subsection (2), after “spouse” insert “or civil partner”.
168 In section 127 (associated persons), in subsections (4)(a) and (c) and (6), after “spouse” (in each place) insert “, civil partner”.
169 In section 222 (bodies corporate: accessories), in subsection (10), after “spouse” in paragraphs (a), (c), (d) and (e) (in each place) insert “or civil partner”.
170 In section 101 (minimum of 24 hours between event periods), in subsection (3)(a) and (d), after “spouse” insert “or civil partner”.
171 In paragraph 2(1)(a) of Schedule 4 (spouse of employee of the Valuation Tribunal Service disqualified for appointment as member of the Service), after “is married to” insert “or is the civil partner of”.
172 In section 76 (further provision about scope of Family Procedure Rules), in subsection (2)(b), after “divorce county court” insert “or civil partnership proceedings county court (within the meaning of Part 5 of the Matrimonial and Family Proceedings Act 1984)”.
173 (1) Amend section 23 (sections 16 to 19: marriage exception) as follows.
(2) At the end of subsection (1)(b) insert “or civil partners of each other”.
(3) In subsection (2), for “were lawfully married at the time” substitute “were at the time lawfully married or civil partners of each other”.
(4) In the heading to section 23 for “marriage exception” substitute “exception for spouses and civil partners”.
174 (1) Amend section 28 (sections 25 and 26: marriage exception) as follows.
(2) At the end of subsection (1)(b) insert “or civil partners of each other”.
(3) In subsection (2), for “were lawfully married at the time” substitute “were at the time lawfully married or civil partners of each other”.
(4) In the heading to section 28 for “marriage exception” substitute “exception for spouses and civil partners”.
175 (1) Amend section 43 (sections 38 and 41: marriage exception) as follows.
(2) At the end of subsection (1)(b) insert “or civil partners of each other”.
(3) In subsection (2), for “were lawfully married at the time” substitute “were at the time lawfully married or civil partners of each other”.
(4) In the heading to section 43 for “marriage exception” substitute “exception for spouses and civil partners”.