Office of Public Sector Information
SCHEDULE 27 continued
69 (1) Amend section 72 (withdrawal of privilege against incrimination of self or spouse in certain proceedings) as follows.
(2) In subsection (1), after “spouse” insert “or civil partner”.
(3) In subsection (3), for “married after the making of the statement or admission) against the spouse” substitute “married or became civil partners after the making of the statement or admission) against the spouse or civil partner”.
70 In paragraph 3 of Schedule 1 (business assigned to Family Division of High Court), after sub-paragraph (h) insert—
“(i) all civil partnership causes and matters (whether at first instance or on appeal);
(j) applications for consent to the formation of a civil partnership by a minor or for a declaration under paragraph 7 of Schedule 1 to the Civil Partnership Act 2004;
(k) applications under section 58 of that Act (declarations relating to civil partnerships).”
71 In section 3(6)(a) (registration as British citizen of minor whose parents' marriage has terminated etc.), after “marriage” insert “or civil partnership”.
72 In section 6(2) (naturalisation of person married to British citizen), after “is married to a British citizen” insert “or is the civil partner of a British citizen”.
73 In section 10(2)(b) (registration as British citizen after pre-1983 renunciation of citizenship), after “has been married to” insert “, or has been the civil partner of,”.
74 In section 12(5) (renunciation: persons who have married deemed of full age), after “has been married” insert “, or has formed a civil partnership,”.
75 In section 17(6)(a) (registration as British overseas territories citizen of minor whose parents' marriage has terminated etc.), after “marriage” insert “or civil partnership”.
76 In section 18(2) (naturalisation of person married to a British overseas territories citizen), after “is married to such a citizen” insert “or is the civil partner of such a citizen”.
77 In section 22(2)(b) (naturalisation as British overseas territories citizen after pre-1983 renunciation of citizenship), after “has been married to” insert “, or has been the civil partner of,”.
78 (1) Amend paragraphs 4(d) and 8(d) of Schedule 1 (requirements for naturalisation under sections 6(2) and 18(2)) as follows.
(2) In the paragraph (f) set out in each of those provisions, after “to whom the applicant is married” insert “, or of whom the applicant is the civil partner,”.
79 In section 3 (application for financial provision not affected by forfeiture rule), in subsection (2), for paragraph (b) and the word “and” immediately preceding it substitute—
“(b) sections 31(6) and 36(1) of the Matrimonial Causes Act 1973 (variation by court in England and Wales of periodical payments orders and maintenance agreements in respect of marriages);
(c) paragraphs 60(2) and 73(2) of Schedule 5 to the Civil Partnership Act 2004 (variation by court in England and Wales of periodical payments orders and maintenance agreements in respect of civil partnerships); and
(d) section 13(4) of the Family Law (Scotland) Act 1985 (variation etc. of periodical allowances in respect of marriages and civil partnerships).”
80 (1) Amend section 14 (service qualification) as follows.
(2) In subsection (1)(d), for “wife or husband” substitute “spouse or civil partner”.
(3) For subsection (1)(e) substitute—
“(e) is the spouse or civil partner of a person mentioned in paragraph (b) or paragraph (c) above and is residing outside the United Kingdom to be with his or her spouse or civil partner,”.
81 In section 16 (contents of service declaration), for “wife or husband” substitute “spouse or civil partner”.
82 In section 59 (supplemental provisions as to members of forces and service voters), in subsection (3)(b), for “by him and any wife of his or, as the case may be, by her and any husband of hers,” substitute “by that person and any spouse or civil partner of that person”.
83 In section 61 (other voting offences), in subsection (4), for “husband, wife,” substitute “spouse, civil partner,”.
84 In section 141 (duty to answer relevant questions), in subsections (1)(a)(i) and (2)(a), for “husband or wife,” substitute “spouse or civil partner,”.
85 (1) Amend Schedule 1 (parliamentary elections rules) as follows.
(2) In rule 11(4), for “wife or husband” substitute “spouse or civil partner”.
(3) In rule 35(2), for “husband (wife),” (in both places) substitute “spouse, civil partner,”.
(4) In rule 39(3)(b), for “husband, wife,” substitute “spouse, civil partner,”.
(5) In rule 44(2)(b), for “wives or husbands” substitute “spouses or civil partners”.
86 In—
(a) section 12 (general provisions as to medical recommendations), in subsection (5), in the words following paragraph (e), and
(b) section 25C (supervision applications: supplementary), in subsection (10),
after “husband, wife” insert “, civil partner”.
87 In section 3(3) (succession to agreements to which Act applies), for “or widower” (in each place) substitute “, widower or surviving civil partner”.
88 In section 5(3) (meaning of “member of another’s family”)—
(a) after “spouse,” insert “civil partner,”
(b) in paragraph (a), after “marriage” insert “or civil partnership”, and
(c) in the words after paragraph (b), after “as husband and wife” insert “or as if they were civil partners”.
89 In section 41(4) (family or representatives may carry on deceased dentist’s business for three years), for “his widow” (in each place) substitute “his surviving spouse or his surviving civil partner”.
90 (1) Amend section 12 (applications for financial relief after overseas divorce etc.) as follows.
(2) In subsection (2) (no application may be made after remarriage), for “remarries” substitute “forms a subsequent marriage or civil partnership,”.
(3) For subsection (3) substitute—
“(3) The reference in subsection (2) above to the forming of a subsequent marriage or civil partnership includes a reference to the forming of a marriage or civil partnership which is by law void or voidable.”
91 In section 32 (meaning of “family business” etc.), after the definition of “family proceedings” insert—
““civil partnership cause” means an action for the dissolution or annulment of a civil partnership or for the legal separation of civil partners;”.
92 After section 36 insert—
(1) The Lord Chancellor may by order—
(a) designate any county court as a civil partnership proceedings county court, and
(b) designate, as a court of trial, any county court designated as a civil partnership proceedings county court.
(2) In this Part of this Act “civil partnership proceedings county court” means a county court designated under subsection (1)(a) above.
(3) A civil partnership proceedings county court shall have jurisdiction to hear and determine any civil partnership cause, subject to subsection (4) below.
(4) A civil partnership proceedings county court shall have jurisdiction to try a civil partnership cause only if it is designated under subsection (1)(b) above as a court of trial.
(5) The jurisdiction conferred by this section on a civil partnership proceedings county court shall be exercisable throughout England and Wales, but rules of court may provide for a civil partnership cause pending in one such court to be heard and determined—
(a) partly in that court and partly in another such court, or
(b) in another such court.
(6) Every civil partnership cause shall be commenced in a civil partnership proceedings county court.
(7) Every civil partnership cause shall be heard and determined in a civil partnership proceedings county court unless, or except to the extent, it is transferred to the High Court under—
(a) section 39 below, or
(b) section 41 of the County Court Act 1984 (transfer to High Court by order of High Court).
(8) The Lord Chancellor may by order designate a civil partnership proceedings county court as a court for the exercise of jurisdiction in civil partnership matters under Schedule 7 to the Civil Partnership Act 2004.
(9) The power to make an order under subsection (1) or (8) above shall be exercisable by statutory instrument.
(1) Subject to subsection (2) below, a civil partnership proceedings county court shall have the following jurisdiction—
(a) a jurisdiction to exercise any power exercisable under—
(i) section 63 of the Civil Partnership Act 2004(restrictions on making of orders affecting children), or
(ii) Schedule 5 to that Act (financial relief in the courts), other than Part 12 (arrears and repayments) and paragraph 73 (alteration of maintenance agreements by court after death of one party),
in connection with any application or order pending in, or made by, a civil partnership proceedings county court;
(b) a jurisdiction to exercise any power exercisable under—
(i) Part 9 of that Schedule (failure to maintain: financial provision (and interim orders)), or
(ii) paragraphs 69 to 71 of that Schedule (alteration of maintenance agreements by court during lives of parties);
(c) if designated under section 36A(8) above, jurisdiction to exercise any power under Schedule 7 to that Act.
(2) Any proceedings for the exercise of a power which a civil partnership proceedings county court has jurisdiction to exercise by virtue of subsection (1) above shall be commenced in such civil partnership proceedings county court as may be prescribed by rules of court.
(3) Nothing in this section shall affect the jurisdiction of a magistrates' court under paragraphs 69 to 71 of Schedule 5 to the Civil Partnership Act 2004.
Where rules of court make provision for the purposes of section 43 of the Civil Partnership Act 2004 with respect to any power exercisable by the court on an application made under that section before an application is made for a dissolution or separation order, the rules shall confer jurisdiction to exercise the power on civil partnership proceedings county courts.
The jurisdiction conferred by the preceding provisions of this Part of this Act on civil partnership proceedings county courts, so far as it exercisable by judges of such courts, shall be exercised by such Circuit judges as the Lord Chancellor may direct.”
93 For section 38(3) (transfer of family proceedings from High Court to county court) substitute—
“(3) Proceedings transferred under this section shall be transferred to such county court as the High Court directs, subject to subsections (3A) and (3B) below.
(3A) Where a matrimonial cause or matter within the jurisdiction of a divorce county court only is transferred under this section, it shall be transferred to such divorce county court as the High Court directs.
(3B) Where a civil partnership cause or matter within the jurisdiction of a civil partnership proceedings county court only is transferred under this section, it shall be transferred to such civil partnership proceedings county court as the High Court directs.”
94 In section 39(2) (family proceedings transferable to the High Court), for “or divorce county court” (in each place) substitute “, divorce county court or civil partnership proceedings county court”.
95 In section 40(4)(b) (enforcement in High Court of orders of divorce county court), after “a divorce county court” insert “or a civil partnership proceedings county court”.
96 (1) Amend section 42 (county court proceedings in principal registry of Family Division) as follows.
(2) In subsection (1)—
(a) after “Sections 33 to 35” insert “and 36A to 36C”,
(b) after “section 34(2)” insert “or 36B(2)”, and
(c) after “divorce county court” insert “or civil partnership proceedings county court”.
(3) After that subsection insert—
“(1A) Subsection (2) below applies to—
(a) the jurisdiction in matrimonial causes or matters conferred by sections 33, 34 and 35 above on divorce county courts, and
(b) the jurisdiction in civil partnership causes or matters conferred by sections 36A, 36B and 36C above on civil partnership proceedings county courts.”
(4) In subsection (2), for the words from the beginning to “on divorce county courts” substitute “A jurisdiction to which this subsection applies”.
(5) For the words in subsection (2) after paragraph (b) substitute the following new subsection—
“(2A) Rules of court may make provision—
(a) for treating, for any purposes specified in the rules, matrimonial causes and matters pending in the registry with respect to which the jurisdiction mentioned in subsection (1A)(a) above is exercisable as pending in a divorce county court,
(b) for treating, for any purposes specified in the rules, civil partnership causes and matters pending in the registry with respect to which the jurisdiction mentioned in subsection (1A)(b) above is exercisable as pending in a civil partnership proceedings county court, and
(c) for the application of section 74(3) of the Solicitors Act 1974 (costs) with respect to proceedings treated as mentioned in paragraph (a) or (b) above.”
(6) In subsection (3), for “subsection (2)” substitute “subsection (2A)”.
(7) After subsection (3) insert—
“(3A) Where, by virtue of rules under subsection (2A) above, a civil partnership cause or matter is pending in the registry as in a civil partnership proceedings county court, any ancillary or related proceedings which could be taken in a civil partnership proceedings county court and which are not of a description excluded by the rules from the operation of this subsection may be taken and dealt with in the registry as in a civil partnership proceedings county court.”
(8) After subsection (4) insert—
“(4ZA) The principal registry shall be treated as a civil partnership proceedings county court—
(a) for the purposes of any provision to be made by rules of court under section 36A(5) above;
(b) for the purpose of any provision to be made under section 36B(2) above prescribing the county court in which any proceedings are to be commenced; and
(c) for the purpose of any transfer of family proceedings under section 38 or 39 above between the High Court and a civil partnership proceedings county court.”
(9) In subsection (4A), after “in any matrimonial cause or matter” insert “, or in any civil partnership cause or matter,”.
(10) In subsection (5), for paragraphs (a) and (b) substitute—
“(a) as regards service of process—
(i) as if proceedings commenced in the principal registry in a matrimonial cause or matter had been commenced in a divorce county court, and
(ii) as if proceedings commenced in that registry in a civil partnership cause or matter had been commenced in a civil partnership proceedings county court; and
(b) as regards enforcement of orders—
(i) as if orders made in that registry in the exercise of the family jurisdiction conferred by sections 33, 34 and 35 above on divorce county courts were orders made by such a court, and
(ii) as if orders made in that registry in the exercise of the family jurisdiction conferred by sections 36A, 36B and 36C above on civil partnership proceedings county courts were orders made by such a court.”
(11) After that subsection insert—
“(5A) For the purposes of subsection (3A) above, proceedings—
(a) are “ancillary” to a civil partnership cause if they are connected with the cause, and
(b) are “related” to a civil partnership cause if they are for protecting or otherwise relate to any rights, or the exercise of any rights, of—
(i) the civil partners as civil partners, or
(ii) any children of the family.”
97 (1) Amend section 80 (compellability of accused’s spouse) as follows.
(2) In subsections (2), (2A) and (3), for “wife or husband” (in each place) substitute “spouse or civil partner”.
(3) After subsection (5) insert—
“(5A) In any proceedings a person who has been but is no longer the civil partner of the accused shall be compellable to give evidence as if that person and the accused had never been civil partners.”
(4) In the heading to section 80, after “accused’s spouse” insert “or civil partner”.
98 In section 80A (rule where accused’s spouse not compellable)—
(a) for “wife or husband” substitute “spouse or civil partner”, and
(b) in the heading, after “spouse” insert “or civil partner”.
99 In section 203 (notification of family and corporate interests), in subsection (1), after “spouse” insert “or civil partner”.
100 (1) Amend section 327 (extension of section 323 to spouses and children) as follows.
(2) In subsection (1)—
(a) in paragraph (a), after “wife or husband” insert “or civil partner”, and
(b) in the words following paragraph (b), after “as the case may be,” insert “civil partner or”.
(3) In the heading to section 327, after “spouses” insert “, civil partners”.
101 (1) Amend section 328 (extension of section 324 to spouses and children) as follows.
(2) In subsections (1)(a) and (2)(a), after “wife or husband” insert “or civil partner”.
(3) In subsection (3)—
(a) in paragraph (a), after “spouse” insert “or civil partner”, and
(b) in paragraph (b), after “spouse” insert “or civil partner” and after “wife, husband,” insert “civil partner,”.
(4) In the heading to section 328, after “spouses” insert “, civil partners”.
102 In section 346 (connected persons) in subsection (2)—
(a) in paragraph (a), after “spouse,” insert “civil partner,”,
(b) in paragraph (c) after “spouse” (in both places) insert “or civil partner”.
103 In section 430E (associates), in subsection (8) after “spouse” insert “or civil partner”.
104 (1) Amend section 742A (meaning of “offer to the public”) as follows.
(2) In subsection (3)(a)(iii), after “widower” insert “or surviving civil partner”.
(3) In subsection (6)(a), after “spouse” insert “or civil partner”.
105 In Schedule 7 (matters to be dealt with in directors' report), in paragraph 2B(3), after “spouse” insert “or civil partner”.
106 In section 3 (scope of authority etc. of attorney under enduring power), in subsection (5)(a), for “or marriage” substitute “, marriage or the formation of a civil partnership”.
107 In Schedule 1 (notification prior to registration of instrument creating power of attorney), in paragraph 2(1)—
(a) in paragraph (a), after “wife” insert “or civil partner”, and
(b) in paragraph (e), after “widower” insert “or surviving civil partner”.
108 Paragraphs 106 and 107 apply in relation to the exercise of powers under enduring powers of attorney created before the passing of this Act as well as in relation to those created on or after its passing.
109 In Schedule 2 (officers and their powers), in paragraph 2A(4), after “spouse” insert “or civil partner”.
110 In section 24A (power to order disclosure of child’s whereabouts), in subsection (2), after “spouse” insert “or civil partner”.
111 In section 20 (powers of investment and disposal in relation to public airport companies), in subsection (6)(b), after “widowers” insert “, civil partners, surviving civil partners”.
112 In section 215 (proceedings under sections 213, 214), in subsection (3)(b), after “marriage” insert “or the formation of a civil partnership”.
113 In section 283A (bankrupt’s home ceasing to form part of estate), in subsection (1)—
(a) in paragraph (b), after “spouse” insert “or civil partner”, and
(b) in paragraph (c), after “spouse” insert “or former civil partner”.
114 In section 313 (charge on bankrupt’s home), in subsection (1), after “former spouse” insert “or by his civil partner or former civil partner”.
115 In section 313A (low value home: application for sale, possession or charge), in subsection (1)—
(a) in paragraph (a)(ii), after “spouse” insert “or civil partner”, and
(b) in paragraph (a)(iii), after “spouse” insert “or former civil partner”.
116 In section 329 (debts to spouse), in subsection (1), after “spouse” (in each place) insert “or civil partner”.
117 In section 332 (saving for bankrupt’s home), in subsection (1), after “former spouse” insert “or by his civil partner or former civil partner”.
118 In section 335A (rights under trusts of land), in subsection (2)(b)—
(a) for “bankrupt’s spouse or former spouse” substitute “bankrupt’s spouse or civil partner or former spouse or former civil partner”, and
(b) in sub-paragraphs (i) and (ii), for “spouse or former spouse” substitute “spouse, civil partner, former spouse or former civil partner”.
119 In section 339 (transactions at an undervalue), in subsection (3)(b), after “marriage” insert “or the formation of a civil partnership”.
120 In section 366 (inquiry into bankrupt’s dealings and property), in subsection (1)(a), after “former spouse” insert “or civil partner or former civil partner”.
121 In section 423 (transactions defrauding creditors), in subsection (1)(b), after “marriage” insert “or the formation of a civil partnership”.
122 (1) Amend section 435 (meaning of “associate”) as follows.
(2) For subsection (2) substitute—
“(2) 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 (3), after “husband or wife” insert “or civil partner”.
(4) In subsection (8), at the end insert “and references to a civil partner include a former civil partner”.
123 In section 70 (interpretation), in—
(a) subsection (2)(a) and (c), and
(b) subsection (4),
after “spouse” (in each place) insert “or civil partner”.
124 In section 33 (power to order disclosure of child’s whereabouts), in subsection (2), after “spouse” insert “or civil partner”.
125 In section 50 (non-recognition of divorce or annulment in another jurisdiction no bar to remarriage), for the words from “re-marrying” to the end substitute “forming a subsequent marriage or civil partnership in that part of the United Kingdom or cause the subsequent marriage or civil partnership of either party (wherever it takes place) to be treated as invalid in that part.”
126 In section 47 (savings for certain privileges), in subsection (2), after “spouse” insert “or civil partner”.
127 In section 160A (marriage and other relationships), in subsections (1)(a) and (2)(a), after “were married” insert “or civil partners of each other”.
128 In section 52 (meaning of “associate”), in subsection (2)(a) after “spouse” insert “or civil partner”.
129 (1) Amend section 8 (residence, contact and other orders with respect to children) as follows.
(2) After subsection (4)(b) insert—
“(ba) Schedule 5 to the Civil Partnership Act 2004;”.
(3) After subsection (4)(e) insert—
“(ea) Schedule 6 to the Civil Partnership Act 2004;”.
130 In section 48 (powers to assist in discovery of children who may be in need of emergency protection), in subsection (2), after “spouse” insert “or civil partner”.
131 In section 50 (recovery of abducted children etc.), in subsection (11), after “spouse” insert “or civil partner”.
132 In section 98 (self-incrimination), in subsections (1) and (2), after “spouse” insert “or civil partner”.
133 In section 19 (members' interests) in subsection (7), after “spouse” insert “or civil partner”.
134 In section 69 (companies subject to local authority influence), in subsection (6)(c), after “spouse” insert “or civil partner”.
135 In section 29(1) (family or representatives may use deceased optician’s title for three years), in paragraphs (b) and (d), for “his widow” substitute “his surviving spouse or his surviving civil partner”.
136 In section 43 (continuance of registration or licence on death) in subsection (2), for the words from “the deceased’s personal representative” to “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—
(a) the period of three months beginning with the deceased’s death”.
137 In section 10 (family proceedings in magistrates' courts and related matters), in subsection (1), after “Domestic Proceedings and Magistrates' Courts Act 1978” insert “or Schedule 6 to the Civil Partnership Act 2004”.
138 In section 58A (conditional fee agreements: supplementary), omit “and” at the end of subsection (2)(f) and insert—
“(fa) Chapter 2 of Part 2 of the Civil Partnership Act 2004 (proceedings for dissolution etc. of civil partnership);
(fb) Schedule 5 to the 2004 Act (financial relief in the High Court or a county court etc.);
(fc) Schedule 6 to the 2004 Act (financial relief in magistrates' courts etc.);
(fd) Schedule 7 to the 2004 Act (financial relief in England and Wales after overseas dissolution etc. of a civil partnership); and”.
Civil Partnership Act 2004