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SCHEDULE 29 continued
(3) In paragraph (3), after “husband or wife” insert “or civil partner”.
(4) In paragraph (8), at the end insert “and references to a civil partner include a former civil partner”.
81 In Article 179 (proceedings under Article 177 and 178), in paragraph (3)(b), after “marriage” insert “or the formation of a civil partnership”.
82 In Article 286 (charge on bankrupt’s home), in paragraph (1), after “former spouse” insert “or by his civil partner or former civil partner”.
83 (1) Amend Article 302 (debts to spouse) as follows.
(2) In paragraph (1), after “spouse” (in each place) insert “or civil partner”.
(3) In the heading to Article 302, after “spouse” insert “or civil partner”.
84 In Article 305 (saving for bankrupt’s home), in paragraph (1), after “former spouse” insert “or by his civil partner or former civil partner”.
85 In Article 312 (transactions at an undervalue), in paragraph (3)(b), after “marriage” insert “or the formation of a civil partnership”.
86 In Article 337 (inquiry into bankrupt’s dealings and property), in paragraph (1)(a), after “former spouse” insert “or civil partner or former civil partner”.
87 In Article 367 (transactions defrauding creditors), in paragraph (1)(b), after “marriage” insert “or the formation of a civil partnership”.
88 (1) Amend Article 79 (compellability of accused’s spouse) as follows.
(2) In paragraphs (2), (2A) and (3), for “wife or husband” (in each place) substitute “spouse or civil partner”.
(3) After paragraph (5) insert—
“(5A) In any criminal 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 Article 79, after “accused’s spouse” insert “or civil partner”.
89 In Article 79A (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”.
90 In Article 54 (meaning of “associate”), in paragraph (2)(a) after “spouse” insert “or civil partner”.
91 In Article 42 (continuance of registration or licence on death), in paragraph (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 expiration of—
(a) the period of 3 months from the date of the deceased’s death”.
92 In Article 23 (recovery of sums awarded in proceedings involving trade unions and employers' associations), in the definition of “provident benefits” in paragraph (3), for “wife” substitute “spouse or civil partner”.
93 In section 97E (discharge of liability where pension credit or alternative benefits secured by insurance policies or annuity contracts), in subsection (1)(b), after “or widower” insert “or civil partner”.
94 (1) In Article 12 (family proceedings rules), amend paragraph (3)(g) as follows.
(2) After “1978” insert “or a civil partnership cause within the meaning of section 190(3) of the Civil Partnership Act 2004”.
(3) After “that Article 48” insert (in both places) “that section 190(3)”.
(4) After “divorce county court” insert “or civil partnership proceedings county court”.
95 In Article 8 (residence, contact and other orders with respect to children), after paragraph (4)(h) insert—
“(i) Chapter 2 of Part 4 of, or Schedule 15, 16 or 17 to, the Civil Partnership Act 2004”.
96 In Article 50 (care orders and supervision orders), in paragraph (4), for “married)” substitute “married or a civil partner)”.
97 In Article 67 (powers to assist in discovery of children who may be in need of emergency protection), in paragraph (2), after “spouse” insert “or civil partner”.
98 In Article 69 (recovery of abducted children, etc.), in paragraph (11), after “spouse” insert “or civil partner”.
99 In Article 166 (appeals), at the end of paragraph (2)(b) insert “or
(c) where the county court is a civil partnership proceedings county court exercising jurisdiction under the Civil Partnership Act 2004 in the same proceedings”.
100 In Article 171 (self-incrimination), in paragraph (2), after “spouse” insert “or civil partner”.
101 In Article 125 (intimidation or annoyance by violence or otherwise), in paragraph (1)(a), for “wife” substitute “spouse or civil partner”.
102 In Article 85A (time off for dependants), in paragraph (3)(a), after “spouse” insert “or civil partner”.
103 In Article 248 (institution or continuance of tribunal proceedings), in paragraph (5)(b), for “widow or widower” substitute “surviving spouse, surviving civil partner”.
104 In Schedule 1 (provisions to be included in rules of club), in paragraph 11, for “husband, wife” substitute “spouse, civil partner”.
105 In Article 23(7) (exceptions: meaning of “near relative”)—
(a) after “spouse” (in both places) insert “or civil partner”, and
(b) for “by affinity)” substitute “by marriage or civil partnership)”.
106 In Article 30(7) (exceptions: meaning of “near relative”)—
(a) after “spouse” insert “or civil partner”, and
(b) for “by affinity)” substitute “by marriage or civil partnership)”.
107 In Article 69(3)(c) (interpretation: connected person), after “wife or husband” (in each place) substitute “or civil partner”.
108 (1) Amend Article 21 (supply of pension information in connection with divorce etc.) as follows.
(2) After paragraph (1)(a)(i) insert—
“(ia) financial relief under Schedule 15 or 17 to the Civil Partnership Act 2004 (powers in relation to domestic and overseas dissolution of civil partnerships etc.);”.
(3) In paragraph (1)(a)(ii), after “1984” insert “or Schedule 5 or 7 to the 2004 Act”.
(4) In paragraph (1)(a)(iii), after “1984” insert “or Schedule 11 to the 2004 Act”.
(5) In paragraph (1)(b), after “(a)(i)” insert “, (ia)”.
109 (1) Amend Article 22 (charges by pension arrangements in relation to earmarking orders) as follows.
(2) After paragraph (a) insert—
“(aa) an order under Part 1 of Schedule 15 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 5 of that Schedule (powers to include provision about pensions),”.
(3) At the end of paragraph (b) omit “or” and after that paragraph insert—
“(bb) an order under Part 1 of Schedule 5 to the 2004 Act so far as it includes provision made by virtue of Part 6 of that Schedule (England and Wales powers corresponding to those mentioned in paragraph (aa)), or”.
110 (1) Amend Article 25 (activation of pension sharing) as follows.
(2) After paragraph (1)(a) insert—
“(aa) a pension sharing order under Schedule 15 to the Civil Partnership Act 2004,”.
(3) After paragraph (1)(b) insert—
“(ba) 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 (aa),”.
111 (1) Amend Article 31 (“implementation period”) as follows.
(2) In paragraph (1)(b)(i), omit “matrimonial”.
(3) In paragraph (2)—
(a) omit “matrimonial”, and
(b) in sub-paragraph (b), after “divorce” insert “, dissolution”.
112 (1) Amend Article 45 (activation of benefit sharing) as follows.
(2) After paragraph (1)(a) insert—
“(aa) a pension sharing order under Schedule 15 to the Civil Partnership Act 2004,”.
(3) After paragraph (1)(b) insert—
“(ba) 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 (aa),”.
113 In Article 85 (meaning of exempt disposal), after paragraph (3)(d) insert—
“(e) Part 2 of Schedule 15 or 17 to the Civil Partnership Act 2004;.”
114 (1) Amend Article 5 (power to require evidence) as follows.
(2) In paragraph (3)(c), after “marital” insert “and civil partnership”.
(3) After paragraph (3) insert—
“(4) In paragraph (3)(c), “marital and civil partnership status”, in relation to a person, means whether that person has previously formed a marriage or a civil partnership, and if so, whether that marriage or civil partnership has ended.”
115 In Article 6 (objections), in paragraph (6)(b), after “married” insert “or a civil partner”.
116 In Article 39 (conditional fee agreements: supplementary), in paragraph (2) (definition of “family proceedings”), after sub-paragraph (f) insert—
“(g) Chapter 2 of Part 4 of, or Schedules 15, 16 or 17 to the Civil Partnership Act 2004,”.
In Schedule 2 (civil legal services: excluded services), in paragraph 2(d)(i), after “1998” insert “or Schedule 16 to the Civil Partnership Act 2004”.
117 In Article 2(2) (interpretation), in the definition of “relative”—
(a) in paragraphs (a) and (b), for “spouse or former spouse” substitute “spouse, former spouse, civil partner or former civil partner”;
(b) after “as husband and wife” insert “or as if they were civil partners”;
(c) after “married to each other” insert “or were civil partners of each other”.
Civil Partnership Act 2004