Office of Public Sector Information
Section 261(1)
1 In section 6 (inquiry by Attorney-General, and apprehension of absconding witnesses), in subsection (2), for “husband or wife” (in both places) substitute “spouse or civil partner”.
2 In section 2 (rules for determining existence of partnership), in rule (3)(c), after “widow” insert “, widower, surviving civil partner”.
3 In section 4(1) (exclusion of certain goods), after “husband or wife”, insert “or civil partner”.
4 In the Schedule (matters in respect of which particulars may be required), in paragraph 5 after “as to marriage” insert “or civil partnership”.
5 (1) Amend section 31(2)(i) (trust on reaching 18 or marrying under that age of accumulations during infancy) as follows.
(2) In sub-paragraph (a)—
(a) after “marries under that age” insert “or forms a civil partnership under that age”, and
(b) for “or until his marriage” substitute “, or until his marriage or his formation of a civil partnership,”.
(3) In sub-paragraph (b), after “marriage” insert “, or formation of a civil partnership,”.
(4) In the words after that sub-paragraph, after “marriage” insert “or formation of a civil partnership”.
6 In section 33(1)(ii)(a) and (b) (trust to maintain principal beneficiary and his spouse and issue on failure of protective trust under paragraph (i)), for “wife or husband” substitute “spouse or civil partner”.
7 In section 205(1)(xxi) (which defines “valuable consideration” as including marriage), after “includes marriage” insert “, and formation of a civil partnership,”.
8 (1) Amend section 1 (restriction on publication of reports of judicial proceedings) as follows.
(2) In subsection (1)(b), for “or for restitution of conjugal rights” substitute “or for the dissolution or annulment of a civil partnership or for the separation of civil partners”.
(3) Omit subsection (5).
9 In the Schedule (particulars which may be required), in paragraph 2—
(a) in paragraph (a), for “or divorced;” substitute “, divorced, a civil partner or former civil partner, and, if a former civil partner, whether the civil partnership ended on death or dissolution;”, and
(b) in paragraph (b), after “surviving spouse” insert “or civil partner”.
10 In section 13(1) (definition of “member of the family”), after “the wife or husband of the tenant,” insert “the civil partner of the tenant,”.
11 In section 2 (interpretation), in the definition of “statute of limitation”, after the entry relating to the Matrimonial Causes Act 1973 insert—
“section 51(2) of the Civil Partnership Act 2004,”.
12 In section 10 (information from persons entering or leaving the United Kingdom by air), in subsection (1), after “marriage” insert “or civil partnership”.
13 (1) Amend section 1 (marriages within prohibited degrees) as follows.
(2) In subsection (1), for the words from “between a man” to “the said Part I,” substitute “between a person and any person mentioned in the list in Part 1 of Schedule 1”.
(3) In subsection (2), for the words from “between a man” to “the said Part II,” substitute “between a person and any person mentioned in the list in Part 2 of Schedule 1”.
(4) In subsection (4), for the words from “between a man” to “the said Part III” substitute “between a person and any person mentioned in the list in Part 3 of Schedule 1”.
(5) In subsection (5) for paragraphs (a) to (d) substitute—
“(a) in the case of a marriage between a person and the parent of a former spouse of that person, after the death of both the former spouse and the former spouse’s other parent;
(b) in the case of a marriage between a person and the parent of a former civil partner of that person, after the death of both the former civil partner and the former civil partner’s other parent;
(c) in the case of a marriage between a person and the former spouse of a child of that person, after the death of both the child and the child’s other parent;
(d) in the case of a marriage between a person and the former civil partner of a child of that person, after the death of both the child and the child’s other parent.”
(6) Omit subsections (6) to (8).
14 In section 27 (notice of marriage), in subsection (3), for “the name and surname, marital status, occupation, place of residence and nationality of each of the persons to be married” substitute “the name and surname, occupation, place of residence and nationality of each of the persons to be married, whether either of them has previously been married or formed a civil partnership and, if so, how the marriage or civil partnership ended”.
15 In section 28A (power to require evidence), for subsection (3) substitute—
“(3) “Specified evidence”, in relation to a person, means such evidence as may be specified in guidance issued by the Registrar General—
(a) of the person’s name and surname,
(b) of the person’s age,
(c) as to whether the person has previously been married or formed a civil partnership and, if so, as to the ending of the marriage or civil partnership, and
(d) of the person’s nationality.”
16 In section 78(1) (interpretation), in the definition of “child”, after ““child”” insert “, except where used to express a relationship,”.
17 For Schedule 1 (kindred and affinity) substitute—
1 (1) The list referred to in section 1(1) is—
Adoptive child
Adoptive parent
Child
Former adoptive child
Former adoptive parent
Grandparent
Grandchild
Parent
Parent’s sibling
Sibling
Sibling’s child
(2) In the list “sibling” means a brother, sister, half-brother or half-sister.
2 The list referred to in section 1(2) is as follows—
Child of former civil partner
Child of former spouse
Former civil partner of grandparent
Former civil partner of parent
Former spouse of grandparent
Former spouse of parent
Grandchild of former civil partner
Grandchild of former spouse
3 The list referred to in section 1(4) is as follows—
Parent of former spouse
Parent of former civil partner
Former spouse of child
Former civil partner of child.”
18 (1) Amend section 16 (application of Part 2) as follows.
(2) After subsection (2)(a)(viii) insert—
“(ix) Part 1, 8 or 9 of Schedule 5 to the Civil Partnership Act 2004, Schedule 6 to that Act or paragraph 5 or 9 of Schedule 7 to that Act;”.
(3) After subsection (2)(b)(ix) insert—
“(x) an order made on an application under Schedule 11 to the Civil Partnership Act 2004;”.
(4) After subsection (2)(c)(ix) insert—
“(x) Part 1, 7 or 8 of Schedule 15 to the Civil Partnership Act 2004, Schedule 16 to that Act or paragraph 5 or 9 of Schedule 17 to that Act;”.
19 In section 41 (interpretation), in the definition of “relative”, after “by marriage” insert “or civil partnership”.
20 In section 17(c) (benevolent fund: distressed relatives eligible for relief), for “widows,” substitute “surviving spouses, surviving civil partners,”.
21 In section 1 (records of deaths, births and marriages among armed forces and service civilians and their families overseas), in subsection (1), for “and marriages solemnised,” substitute “marriages solemnised and civil partnerships formed,”.
22 (1) Amend section 4 (variation of orders registered in magistrates' courts) as follows.
(2) In each of subsections (5A) and (5B) (application of section 60(4) to (11) of the Magistrates' Courts Act 1980), for “and section 15(2) of the Children Act 1989” substitute “, section 15(2) of the Children Act 1989 and paragraph 42 of Schedule 6 to the Civil Partnership Act 2004”.
(3) In subsection (6B) (no application may be made for variation under the Act of certain registered orders), after “1984” insert “or under Schedule 7 to the Civil Partnership Act 2004”.
23 In section 2 (exception for premises in which only employer’s relatives or outworkers work), in subsection (1), after “wife” insert “, civil partner”.
24 (1) Amend section 23 (nomination to property in society) as follows.
(2) In subsection (2), for “husband, wife,” substitute “spouse, civil partner,”.
(3) After subsection (6) insert—
“(7) The formation of a civil partnership by a member of a society revokes any nomination made by him before the formation of the civil partnership; but if any property of that member has been transferred by an officer of the society in pursuance of the nomination in ignorance of a civil partnership formed by the nominator after the date of the nomination—
(a) the receipt of the nominee shall be a valid discharge to the society, and
(b) the society shall be under no liability to any other person claiming the property.”
25 In section 25 (provision for intestacy), in subsection (2), after “widower” insert “, surviving civil partner”.
26 In section 44A (appeals in cases of death), in subsection (3)(a), after “widower” insert “or surviving civil partner”.
27 (1) Amend section 30 (husband and wife) as follows.
(2) In subsections (4) and (5), after “wife or husband” in each place except paragraph (a)(ii) to the proviso to subsection (4) insert “or civil partner”.
(3) At the end of paragraph (a)(ii) to the proviso insert “or
(iii) an order (wherever made) is in force providing for the separation of that person and his or her civil partner.”,
and omit “or” at the end of paragraph (a)(i) to the proviso.
(4) For the heading to section 30 substitute “Spouses and civil partners”.
28 In section 31 (effect on civil proceedings and rights), in subsection (1)—
(a) for “wife or husband” substitute “spouse or civil partner”, and
(b) 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”.
29 (1) Amend section 2 (restriction of publicity for certain matrimonial etc. proceedings) as follows.
(2) In subsection (1), after paragraph (d) insert—
“(da) proceedings under Part 9 of Schedule 5 to the Civil Partnership Act 2004 (provision corresponding to the provision referred to in paragraph (c) above);
(db) proceedings under section 58 of the 2004 Act (declarations as to subsistence etc. of civil partnership);”.
(3) In subsection (3), after “(1)(d)” insert “or (db)”.
30 In section 14 (privilege against incrimination of self or spouse)—
(a) in subsection (1)(b), for “husband or wife” substitute “spouse or civil partner”, and
(b) in the heading, after “spouse” insert “or civil partner”.
31 In Schedule 2 (grant, renewal, cancellation and transfer of licences), in paragraph 35A(8)(a) for “wife or husband” substitute “spouse or civil partner”.
32 In section 114 (supplementary provisions as to rights of entry and related rights), in subsection (4), for “married) the husband or wife” substitute “married or a civil partner) the spouse or civil partner”.
33 In section 2(2)(a) (persons whom employer is not required to insure) after “husband, wife,” insert “civil partner,”.
34 In Schedule 8 (meaning of “maintenance order” in Part 2 of the Act and in the Maintenance Orders Act 1958), after paragraph 14 insert—
“15. An order for periodical or other payments made under Schedule 5, 6 or 7 to the Civil Partnership Act 2004.”
35 In Schedule 1 (maintenance orders to which the 1971 Act applies), after paragraph 14 insert—
“15 An order made under Schedule 5 to the Civil Partnership Act 2004 (financial relief in the High Court or a county court etc.), for periodical or other payments.
16 An order made under Schedule 6 to the 2004 Act (financial relief in magistrates' courts etc.), for maintenance or other payments to or in respect of a civil partner or child.”
36 In section 9 (evidence in connection with offences under the 1971 Act)—
(a) for “wife or husband” substitute “spouse or civil partner”, and
(b) 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”.
37 In section 5(4) (members of another’s family for purposes of deportation)—
(a) in paragraph (a), after “his wife” insert “or civil partner,” and
(b) in paragraph (b), after “her husband” insert “or civil partner,”.
38 In section 95 (pecuniary interests for purposes of section 94), after subsection (3) insert—
“(4) In the case of civil partners living together the interest of one civil partner, shall, if known to the other, be deemed for the purpose of section 94 above to be also an interest of the other.”
39 In section 96 (general notices and recording of disclosures for purposes of section 94), in subsection (1), after “spouse” (in each place) insert “or civil partner”.
40 In section 11 (grounds on which marriage is void), at the end of paragraph (b) insert “or a civil partner”.
41 (1) Amend section 14 (marriages governed by foreign law or celebrated abroad under English law) as follows.
(2) In subsection (1), at the beginning insert “Subject to subsection (3)”.
(3) After subsection (2) insert—
“(3) No marriage is to be treated as valid by virtue of subsection (1) if, at the time when it purports to have been celebrated, either party was already a civil partner.”
42 In section 24A (orders for sale of property), in subsection (5), after “re-marriage of” insert “, or formation of a civil partnership by,”.
43 (1) Amend section 28 (duration of continuing financial provision orders in favour of party to marriage, and effect of remarriage) as follows.
(2) In subsection (1)(a) and (b) after “remarriage of” insert “, or formation of a civil partnership by,”.
(3) In subsection (2)—
(a) after “remarriage of” insert “, or formation of a civil partnership by,”, and
(b) after “the remarriage” insert “or formation of the civil partnership”.
(4) In subsection (3), after “remarries whether at any time before or after the commencement of this Act”, insert “or forms a civil partnership”.
(5) In the heading to section 28, after “remarriage” insert “or formation of civil partnership”.
44 In section 35 (alteration of agreements by court during lives of parties), in subsection (4)(a) and (b), after “remarriage of” insert “, or formation of a civil partnership by,”.
45 (1) Amend section 38 (orders for repayment in certain cases of sums paid after cessation of order by reason of remarriage) as follows.
(2) In subsection (1)—
(a) in paragraph (a), after “remarriage of”, insert “, or formation of a civil partnership by,”, and
(b) in paragraph (b), after “remarriage” insert “or formation of the civil partnership”.
(3) In subsection (6)—
(a) in paragraph (a), after “remarriage of” insert “, or formation of a civil partnership by,” and
(b) in the words following paragraph (b), after “had remarried” insert “or formed a civil partnership”.
(4) In the heading to section 38, after “remarriage” insert “or formation of civil partnership”.
46 In section 52 (interpretation), after subsection (3), insert —
“(3A) References in this Act to the formation of a civil partnership by a person include references to a civil partnership which is by law void or voidable.”
47 In section 30 (offences in connection with exercise of powers under section 29), in subsection (6) for “married) the husband or wife” substitute “married or a civil partner) the spouse or civil partner”.
48 In section 10 (temporary continuance of licence on death), for “his personal representative, or of his widow or any other member of his family, until the expiration of two months from his death,” substitute “the deceased’s personal representative, or widow or widower or surviving civil partner or any other member of the deceased’s family, until the end of two months from the deceased’s death,”.
49 In section 20 (powers of inspectors), in subsection (7), for “husband or wife” substitute “spouse or civil partner”.
50 In section 165 (obstruction of authorised officers), in subsection (3), for “married) the husband or wife” substitute “married or a civil partner) the spouse or civil partner”.
51 (1) Amend section 184 (associates) as follows.
(2) For subsection (1) substitute—
“(1) A person is an associate of an individual if that person is—
(a) the individual’s husband or wife or civil partner,
(b) a relative of—
(i) the individual, or
(ii) the individual’s husband or wife or civil partner, or
(c) the husband or wife or civil partner of a relative of—
(i) the individual, or
(ii) the individual’s husband or wife or civil partner.”
(3) In subsection (2), after “husband or wife” insert “or civil partner”.
(4) In subsection (5)—
(a) omit the word “and” immediately before “references”,
(b) for “or wife;” substitute “or wife, and references to a civil partner include a former civil partner;”, and
(c) for “had been a child born to him in wedlock” substitute “were the legitimate child of the relationship in question”.
52 (1) Amend section 66 (power of member to nominate person to receive sums payable on his death) as follows.
(2) In subsection (5)(a), for “husband, wife,” substitute “spouse, civil partner,”.
(3) After subsection (7) insert—
“(7A) The formation of a civil partnership by a member of the society or branch revokes any nomination previously made by that member under this section.”
53 In section 7 (limitations on rehabilitation under the 1974 Act, etc.), in subsection (2)(c), after “the marriage of any minor,” insert “or the formation of a civil partnership by any minor,”.
54 In section 82(5) (general interpretation: meaning of “near relative”)
(a) after “wife or husband” (in both places) insert “or civil partner”, and
(b) for “by affinity)” substitute “by marriage or civil partnership)”.
55 In section 78(5) (general interpretation: meaning of “near relative”)—
(a) after “wife or husband” (in both places) insert “or civil partner”, and
(b) for “by affinity)” substitute “by marriage or civil partnership)”.
56 In section 2 (exemptions from liability for conspiracy), in subsection (2)(a), after “spouse” insert “or civil partner”.
57 In section 4 (duration of orders for financial provision for a party to a marriage), in subsection (2)—
(a) after “remarriage of” insert “, or formation of a civil partnership by,”, and
(b) after “the remarriage” insert “or formation of the civil partnership”.
58 (1) Amend section 35 (orders for repayment in certain cases of sums paid after cessation of order by reason of remarriage) as follows.
(2) In subsection (1)—
(a) in paragraph (a), after “remarriage of” insert “, or formation of a civil partnership by,”, and
(b) in paragraph (b), after “that remarriage” insert “or the formation of that civil partnership”.
(3) In subsection (7)—
(a) in paragraph (a), after “remarriage of” insert “, or formation of a civil partnership by,”, and
(b) in the words following paragraph (b)—
(i) after “the remarriage” insert “or the formation of that civil partnership”, and
(ii) after “had remarried” insert “or formed a civil partnership”.
(4) In the heading to section 35, after “remarriage” insert “or formation of civil partnership”.
59 At the appropriate place in Schedule 1 (words and expressions defined) insert—
““Civil partnership” means a civil partnership which exists under or by virtue of the Civil Partnership Act 2004 (and any reference to a civil partner is to be read accordingly).”
60 In section 1A (marriage and other relationships), in subsections (1)(a) and (2)(a) after “were married” insert “or civil partners of each other”.
61 (1) Amend section 31(1) (interpretation) as follows.
(2) After the definition of “charitable” insert—
““civil partner” includes former civil partner;”.
(3) In the definition of “relative”—
(a) in paragraphs (a), (b) and (c), after “spouse” insert “or civil partner”, and
(b) in the words following paragraph (c), for “a child born in wedlock” substitute “the legitimate child of the relationship in question”.
62 In section 27 (obstruction and personation of authorised officers), in subsection (4), for “husband or wife” substitute “spouse or civil partner”.
63 (1) Amend section 32 (associates) as follows.
(2) In subsection (2), after “spouse” insert “or civil partner”.
(3) In subsection (3)—
(a) omit the word “and” immediately before “references”,
(b) for “reputed spouse;” substitute “reputed spouse, and references to a civil partner include a former civil partner;”, and
(c) for “had been a child born to him in wedlock” substitute “were the legitimate child of the relationship in question”.
64 In section 59 (orders for periodical payments: means of payment), in subsection (7)(b), after “Domestic Proceedings and Magistrates' Courts Act 1978” insert “or Schedule 6 to the Civil Partnership Act 2004”.
65 (1) Amend section 65 (meaning of family proceedings) as follows.
(2) After subsection (1)(c) insert—
“(ca) Schedule 2 to the Civil Partnership Act 2004;”.
(3) After subsection (1)(ee) insert—
“(ef) paragraphs 69 to 72 of Schedule 5 to the Civil Partnership Act 2004;”.
(4) After subsection (1)(j) insert—
“(ja) Schedule 6 to the Civil Partnership Act 2004;”.
66 In section 9 (interpretation), in the definition of “relative”, for “husband or wife” substitute “spouse or civil partner”.
67 In section 5 (offences relating to money orders, share certificates, passports, etc.), in subsection (5)(l)—
(a) after “adoptions, marriages” insert “, civil partnerships”, and
(b) for “register marriages” substitute “issue certified copies relating to such entries”.
68 In section 18(1) (restrictions on appeals to Court of Appeal), before paragraph (g) insert—
“(fa) from a dissolution order, nullity order or presumption of death order under Chapter 2 of Part 2 of the Civil Partnership Act 2004 that has been made final, by a party who, having had time and opportunity to appeal from the conditional order on which that final order was founded, has not appealed from the conditional order;”.
Civil Partnership Act 2004