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STATUTORY INSTRUMENTS

2005 No. 3129

CIVIL PARTNERSHIP

The Civil Partnership Act 2004 (Overseas Relationships and Consequential, etc. Amendments) Order 2005

  Made 4th November 2005 
  Coming into force 5th December 2005 

Whereas a draft of this Order has been laid before and approved by a resolution of each House of Parliament;

     Now therefore, the Secretary of State, in exercise of the powers conferred upon him by sections 213 and 259 of the Civil Partnership Act 2004[1], and, with respect to the provisions set out in Part 2 of this Order, with the consent of the Scottish Ministers and the Department of Finance and Personnel, hereby makes the following Order:



PART 1

GENERAL

Citation and commencement
     1. This Order may be cited as the Civil Partnership Act 2004 (Overseas Relationships and Consequential, etc. Amendments) Order 2005 and shall come into force on 5th December 2005.

Extent
     2. —(1) This Order does not extend to the Channel Islands or the Isle of Man.

    (2) Subject to paragraph (1), any amendment made by this Order has the same extent as the provision subject to amendment.



PART 2

OVERSEAS RELATIONSHIPS

Amendments of Schedule 20 to the Civil Partnership Act 2004
     3. In Schedule 20 to the Civil Partnership Act 2004 (meaning of overseas relationship: specified relationships), in the table—



PART 3

CONSEQUENTIAL, ETC. AMENDMENTS

Consequential, etc. amendments
     4. —(1) Schedule 1 contains amendments relating to registration matters with respect to civil partnerships.

    (2) Schedule 2 contains an amendment of the Marriage Act 1949[2].

    (3) Schedule 3 contains amendments of Church legislation.

    (4) Schedule 4 contains further consequential amendments.


Meg Munn
Parliamentary Under Secretary of State for Women and Equality Department of Trade and Industry

28th October 2005



The Scottish Ministers consent to the making of this Order


Hugh Henry
A member of the Scottish Executive

1st November 2005



The Department of Finance and Personnel hereby consents.



Sealed with the Official seal of the Department of Finance and Personnel

L.S.


Ethne E Harkness
A Senior Official of the Department of Finance and Personnel

4th November 2005



SCHEDULE 1
Article 4(1)


REGISTRATION MATTERS WITH RESPECT TO CIVIL PARTNERSHIPS


Savings Banks Act 1887
     1. After section 10 of the Savings Banks Act 1887[3] insert—

Registration Service Act 1953
     2. In the Registration Service Act 1953[4], in section 19 (annual abstract), for "and marriages" substitute ", marriages and civil partnerships".

Public Records Act 1958
     3. In paragraph 2 of Schedule 1 to the Public Records Act 1958[5] (departmental records), in sub-paragraph (2)(b), after "marriages" insert ", civil partnerships".

Social Security Administration Act 1992
     4. —(1) In the Social Security Administration Act 1992[6], after section 124 insert—

    (2) In Schedule 10 to that Act (supplementary benefit etc.), in paragraph 3(1), for "section 124" substitute "sections 124 to 124B".

Pension Schemes Act 1993
     5. In section 167 of the Pension Schemes Act 1993[7] (application of general provisions relating to administration of social security), for subsection (5) substitute—



SCHEDULE 2
Article 4(2)


AMENDMENT OF THE MARRIAGE ACT 1949


     1. In the Marriage Act 1949[8], after section 39 insert—



SCHEDULE 3
Article 4(3)


AMENDMENTS OF CHURCH LEGISLATION


Pluralities Act 1838
     1. —(1) The Pluralities Act 1838[10] shall be amended as follows.

    (2) In section 36 (widow of any spiritual person may continue in the house of residence for two months after his decease), for "widow or widower" substitute "surviving spouse or surviving civil partner".

    (3) In section 43 (bishop may grant licences for non-residence in certain enumerated cases), after "spouse" insert (in each place) "or civil partner".

Parsonages Measure 1938
     2. In section 1(6) of the Parsonages Measure 1938[11] (definition of "connected person"), after "spouse" insert "or civil partner".

Patronage (Benefices) Measure 1986
     3. —(1) The Patronage (Benefices) Measure 1986[12] shall be amended as follows.

    (2) In section 11(2)(a) (requirements as to meetings of parochial church council), after "spouse" insert "or civil partner".

    (3) In section 12(4) (joint meeting of parochial church council with bishop and patron), after "spouse" insert "or civil partner".

Church of England (Legal Aid) Measure 1994
     4. In section 2(5) of the Church of England (Legal Aid) Measure 1994[13] (applications for legal aid), for "wife or husband" substitute "spouse or civil partner".



SCHEDULE 4
Article 4(4)


FURTHER CONSEQUENTIAL AMENDMENTS


Foreign Marriage Act 1892
     1. In section 22 of the Foreign Marriage Act 1892[14] (validity of marriages solemnized by chaplains of HM forces serving abroad and other persons), for subsection (1B) substitute—

Consumer Credit Act 1974
     2. In section 184(5) of the Consumer Credit Act 1974[15] (associates: meaning of "relative"), after "former civil partner" insert "and a reputed civil partner".

Adoption Act 1976
     3. In section 47(1) of the Adoption Act 1976[16] (enactments for whose purpose section 39 does not apply), for the words from "the table" to "or", substitute "section 1 of and Schedule 1 to the Marriage Act 1949 or Schedule 1 to the Civil Partnership Act 2004 (prohibited degrees of kindred and affinity),".

Credit Unions Act 1979
     4. In section 31(1) of the Credit Unions Act 1979[17] (interpretation, etc) in the definition of "civil partner", after "former civil partner" insert "and reputed civil partner".

Estate Agents Act 1979
     5. In section 32(3) of the Estate Agents Act 1979[18] (associates: meaning of "relative"), after "former civil partner" insert "and a reputed civil partner".

Transport Act 1982
     6. In section 70(2)(bb) of the Transport Act 1982[19] (payments in respect of applicants for exemption from wearing seat belts), for "married or unmarried couple" substitute "couple".

Representation of the People Act 1985
     7. —(1) The Representation of the People Act 1985[20] shall be amended as follows.

    (2) In section 6 (absent vote at elections for an indefinite period), in subsection (2)(c), after "spouse" (in each place) insert "or civil partner"[21].

    (3) In section 8 (proxies at elections), in subsection (5), for "husband, wife" substitute "spouse or civil partner".

Insolvency Act 1986
     8. In section 435(8) of the Insolvency Act 1986[22] (associates: meaning of "relative"), after "former civil partner" insert "and a reputed civil partner".

Children Act 1989
     9. In section 29(3B)(b) of the Children Act 1989[23] (recoupment of cost of providing services), for "married or unmarried couple" substitute "couple".

Broadcasting Act 1990
     10. In paragraph 1(2) of Part 1 of Schedule 2 to the Broadcasting Act 1990[24] (restrictions on the holding of licences), after "former civil partner" insert "and a reputed civil partner".

Employment Rights Act 1996
     11. In section 206(5)(b) of the Employment Rights Act 1996[25] (institution or continuance of tribunal proceedings: meaning of "appropriate person"), after "widow or widower," insert "surviving civil partner,".

Human Tissue Act 2004
     12. —(1) Amend the Human Tissue Act 2004[26] as follows.

    (2) In section 27 (provision with respect to consent), in subsection (4)(a), after "spouse" insert ", civil partner".

    (3) In section 54 (general interpretation), in subsection (9) after "spouse" insert "civil partner,".


EXPLANATORY NOTE

(This note is not part of the Order)


Part 2 of this Order contains article 3 which amends Schedule 20 to the Civil Partnership Act 2004 ("the Act"). Schedule 20 specifies certain overseas relationships that may be treated as civil partnerships for the purposes of the Act. Paragraphs (a), (b) and (c) add references to the names for the relationship under other official language(s) of the country or territory in question. Paragraph (a) of article 3 adds the Dutch and German expressions in relation to Belgium, paragraph (b) adds the French name in relation to Quebec and paragraph (c) adds the Swedish in relation to Finland. Paragraphs (d) and (e) of article 3 rectify two typographical errors relating to a "pacte civil de solidarité" (civil solidarity pact in France), and a "geregistreerd partnerschap" (registered partnership in the Netherlands). Paragraph (f) omits the translations previously given.

Part 3 of this Order introduces Schedules 1 to 4 to the Order. The Schedules make amendments, which are consequential on and supplementary to the Act, of other Acts and Church legislation.

Schedule 1 contains amendments relating to registration matters with respect to civil partnerships.

Paragraph 1 of Schedule 1 amends the Savings Banks Act 1887 by inserting sections 10A, 10B, and 10C.

Section 10A applies to England and Wales. The amendment enables a person to obtain a certificate of civil partnership from the registration authority for the area in which the civil partnership was formed in accordance with regulations made under section 36 of the Act and for a fee prescribed under section 34(1) of the Act.

Section 10B applies to Scotland. The amendment enables a person to obtain a certificate of civil partnership from a district registrar in such manner as approved by the Registrar General for Scotland.

Section 10C applies to Northern Ireland. The amendment enables a person to obtain a certification of civil partnership from the Registrar General for Northern Ireland or a registrar or deputy registrar of civil partnership in accordance with regulations made under section 159(1) of the Act for a fee prescribed under section 157 of the Act and in such form as is approved by the Department of Finance and Personnel.

Paragraph 2 of Schedule 1 amends section 19 of the Registration Service Act 1953. The reference to abstracts of live births, still births, deaths and marriages registered in section 19 is amended to include abstracts of civil partnerships registered. The effect of the amendment is to enable the Registrar General to send to the Minister annually a general abstract of the number of civil partnerships registered in the year last preceding for laying before each House of Parliament.

Paragraph 3 of Schedule 1 extends the exclusion from the definition of public records under paragraph 2 of Schedule 1 to the Public Records Act 1958 to records relating to the registration of civil partnerships.

Paragraph 4 of Schedule 1 amends the Social Security Administration Act 1992 by inserting sections 124A and 124B.

Section 124A applies to England and Wales. The amendment enables a person, for the purposes mentioned in section 124(1) of the Social Security Administration Act 1992, to obtain from the registration authority for the area in which the civil partnership was formed, a certified copy of an entry in the civil partnership register in accordance with regulations made under section 36 of the Act and for a fee prescribed under section 34(1) of the Act.

Section 124B applies to Scotland. The amendment enables a person, for the purposes mentioned in section 124(1) of the Social Security Administration Act 1992, to obtain from a district registrar, a certified copy of the entry in the civil partnership register, of the particulars of the civil partnership. Requests for certificates are to be made in such manner as is approved by the Registrar General for Scotland.

Paragraph 5 of Schedule 1 amends section 167(5) of the Pension Schemes Act 1993. Section 167(5) of the Pension Schemes Act 1993 applies section 124 of the Social Security Administration Act 1992 so that the purposes mentioned in section 124(1) of the Social Security Administration Act 1992 for which prescribed information may be provided also includes the purposes of specified provisions of the Pension Schemes Act 1993 referred to as "the relevant provisions" (see section 164(1)(b) of the Pension Schemes Act 1993). The amendment to section 167(5) of the Pension Schemes Act 1993 ensures that prescribed information about civil partnerships which may be provided for the purposes mentioned in section 124(1) of the Social Security Administration Act 1992, by virtue of the new sections 124A and 124B of that Act, may also be provided for the purposes of the relevant provisions.

Schedule 2 amends the Marriage Act 1949 ("the 1949 Act") to enable former civil partners, one of whom has changed sex as a result of the issue of a full gender recognition certificate under section 5A(1) of the Gender Recognition Act 2004, to marry under Part 3 of the 1949 Act without being delayed by the waiting period ordinarily provided for in section 31(4A).

Schedule 3 contains amendments of Church legislation.

Paragraph 1(2) of Schedule 3 amends section 36 of the Pluralities Act 1838 to extend to surviving civil partners the right presently enjoyed by the surviving spouse of a cleric who has died in office to remain in occupation of the parsonage house for a period of not more than two months after the date of that cleric's death.

Paragraph 1(3) of Schedule 3 amends section 43 of the Pluralities Act 1838 to extend the discretion of a bishop to grant a licence to a cleric to reside out of the benefice or the parsonage house, for a period of not exceeding six months, in circumstances where that cleric's spouse or child is dangerously ill, to enable the illness of a civil partner to be taken into account in the same way.

Paragraph 2 of Schedule 3 amends section 1(6) of the Parsonages Measure 1938 to extend the definition of a "connected person", whose involvement in certain transactions relating to parsonage houses requires the consent of the Church Commissioners, to include a civil partner of various specified persons already within this definition.

Paragraph 3(2) of Schedule 3 amends section 11 of the Patronage (Benefices) Measure 1986, which sets out the requirements relating to the meeting of a parochial church council convened after notification of a vacancy, to provide that a civil partner of the outgoing incumbent may not attend such a meeting.

Paragraph 3(3) of Schedule 3 amends section 12(4) of the 1986 Measure to make similar provision to that in paragraph 3(2) in the case of a joint meeting of the parochial church council with the bishop and patron.

Paragraph 4 of Schedule 3 amends section 2(5) of the Church of England (Legal Aid) Measure 1994 to extend the criteria to which the Legal Aid Commission must have regard in deciding whether to grant legal aid to a cleric (and, if so, to what extent) so that the financial resources of a civil partner are to be taken into account in the same way as those of a spouse.

Schedule 4 contains further amendments, which are consequential upon the Act.

A Regulatory Impact Assessment has not been produced for this Order as it has no impact on the costs of business, charities or voluntary bodies; neither does it have significant financial impact on any public bodies. A full Regulatory Impact Assessment for civil partnership was published alongside the Act and can be viewed at http://www.dti.gov.uk/access/ria/index.html#equality.

Notes:

[1] 2004 c. 33.back

[2] 1949 c. 76.back

[3] 1887 c. 40.back

[4] 1953 c. 37.back

[5] 1958 c. 51.back

[6] 1992 c. 5.back

[7] 1993 c. 48.back

[8] ()1949 c. 76; Part 3 and section 75 were amended by the Immigration and Asylum Act 1999 (c. 33), sections 160 to 163 and Schedule 14.back

[9] 2004 c. 7; Section 5A was inserted by section 250 (1) and (4) of the Civil Partnership Act 2004.back

[10] 1838 c. 106.back

[11] 1938 1 & 2 Geo 6. No. 3. The definition of "connected person" in section 1(6) was substituted by section 1 of, and Schedule 1, paragraph 2(b) to, the Church of England (Miscellaneous Provisions) Measure 2005.back

[12] 1986 No. 3. The word "spouse" in sections 11(2)(a) and 12(4) was substituted by section 10 of, and paragraphs 10(b) and 11 of Schedule 3 to, the Priests (Ordination of Women) Measure 1993.back

[13] 1994 No. 3.back

[14] 1892 c. 23. Subsection (1B) of section 22 was inserted by section 6 of the Foreign Marriage (Amendment) Act 1988 (c. 44).back

[15] 1974 c. 39. The words "or wife, and references to a civil partner include a former civil partner" in section 184(5) were substituted by paragraph 51(4)(b) of Schedule 27 to the Civil Partnership Act 2004.back

[16] 1976 c. 36.back

[17] 1979 c. 34. The definition of "civil partner" in section 31(1) was inserted by paragraph 61(2) of Schedule 27 to the Civil Partnership Act 2004.back

[18] 1979 c. 38.The words "and references to a civil partner include a former civil partner" in section 32(3) were inserted by paragraph 63(3)(b) of Schedule 27 to the Civil Partnership Act 2004.back

[19] 1982 c. 49. Paragraph (bb) of subsection (2) was inserted by section 14 of, and Schedule 2, Part 3, paragraph 26 to, the State Pension Credit Act 2002.back

[20] 1985 c. 50. Sections 12(2) and 15(2) of, and Schedule 7 to, the Representation of the People Act 2000 (c. 2) repealed sections 6 and 8 of the Representation of the People Act 1985 in relation to England, Scotland and Wales.back

[21] The words from "or by reason" to "of his spouse" were inserted by section 15(1) of, and Schedule 6 to, the Representation of the People Act 2000.back

[22] 1986 c. 45. The words "and references to a civil partner include a former civil partner" in section 435(8) were inserted by paragraph 122(4) of Schedule 27 to the Civil Partnership Act 2004.back

[23] 1989 c. 41. Subsection (3B) was inserted by section 14 of, and Schedule 2, Part 3, paragraph 30 to, the State Pension Credit Act 2002.back

[24] 1990 c. 42. The words "and references to a civil partner shall include a former civil partner" in paragraph 1(2) of Part 1 of Schedule 2 were inserted by paragraph 139 of Schedule 27 to the Civil Partnership Act 2004.back

[25] 1996 c. 18.back

[26] 2004 c. 30.back


ISBN 0 11 073607 9


 © Crown copyright 2005

Prepared 18 November 2005

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