Legalize / United Kingdom / Public General Act

Civil Partnership Act 2004

Type Public General Act

Publication 2004-11-18

Last updated 2025-12-01

State In force

Department Statute Law Database

Source legislation.gov.uk

articles 13

Reform history JSON API

(6) Where the court makes an order under sub-paragraph (3) or (4) setting aside a disposition, it shall give such consequential directions as it thinks fit for giving effect to the order (including directions requiring the making of any payments or the disposal of any property).

(7) For the purposes of sub-paragraphs (3) and (4), but subject to sub-paragraph (8), any disposition made by B is a “reviewable disposition” (whether made before or after the commencement of A’s application under that sub-paragraph).

(8) A disposition made by B is not a reviewable disposition for those purposes if made for valuable consideration (other than formation of a civil partnership) to a person who, at the time of the disposition, acted in relation to it in good faith and without notice of any intention on the part of B to defeat A’s claim.

(9) A reference in this paragraph to defeating a claim by one of the civil partners is a reference to—

(a) preventing financial relief being granted, or reducing the amount of financial relief which might be granted, under paragraph 5 or 9 at the instance of that civil partner, or

(b) frustrating or impeding the enforcement of any order which might be, or has been, made under paragraph 5 or 9 at the instance of that civil partner.

Presumptions for the purposes of paragraph 15

16

(1) Sub-paragraph (3) applies where—

(a) an application is made under paragraph 15(2) or (3) by one of the civil partners with respect to—

(i) a disposition which took place less than 3 years before the date of the application, or

(ii) a disposition or other dealing with property which is about to take place, and

(b) the court is satisfied that the disposition or other dealing would (apart from paragraph 15 and this paragraph of this Schedule) have the consequence of defeating a claim by the applicant.

(2) Sub-paragraph (3) also applies where—

(a) an application is made under paragraph 15(4) by one of the civil partners with respect to a disposition which took place less than 3 years before the date of the application, and

(b) the court is satisfied that the disposition has had the consequence of defeating a claim by the applicant.

(3) It shall be presumed, unless the contrary is shown, that the person who—

(a) disposed of, or

(b) is about to dispose of or deal with the property,

did so, or (as the case may be) is about to do so, with the intention of defeating the applicant’s claim.

(4) A reference in this paragraph to defeating a claim by one of the civil partners has the meaning given by paragraph 15(9).

Part 2 — Steps to prevent avoidance prior to application for leave under paragraph 4

Prevention of transactions intended to defeat prospective claims under paragraphs 5 and 9

17

(1) If it appears to the court, on application by one of the persons (“A”) who formed a civil partnership—

(a) that the civil partnership has been dissolved or annulled, or that the civil partners have been legally separated, by means of judicial or other proceedings in an overseas country,

(b) that A intends to apply for leave to make an application for an order under paragraph 9 as soon as he or she has been habitually resident in Northern Ireland for the period of one year, and

(i) make any disposition, or

(ii) transfer out of the jurisdiction, or otherwise deal with, any property,

the court may make such order as it thinks fit for restraining B from taking such action as is mentioned in paragraph (c).

(2) Sub-paragraph (1) applies even if the date of the dissolution, annulment or legal separation is earlier than the date on which that sub-paragraph comes into force.

(3) Sub-paragraph (4) applies where—

(a) an application is made under sub-paragraph (1) with respect to—

(i) a disposition which took place less than 3 years before the date of the application, or

(ii) a disposition or other dealing with property which is about to take place, and

(b) the court is satisfied that the disposition or other dealing would (apart from this paragraph of this Schedule) have the consequence of defeating a claim by the applicant.

(4) It shall be presumed, unless the contrary is shown, that the person who—

(a) disposed of, or

(b) is about to dispose of or deal with the property,

did so, or (as the case may be) is about to do so, with the intention of defeating the applicant’s claim.

(5) A reference in this paragraph to defeating a person’s claim is a reference to preventing financial relief being granted, or reducing the amount of financial relief which might be granted, under paragraph 5 or 9 at the instance of that person.

Part 3 — Supplementary

Paragraphs 15 to 17: meaning of “disposition” and saving

18

(1) In paragraphs 15 to 17 “disposition” does not include any provision contained in a will or codicil but, with that exception, includes any conveyance, assurance or gift of property of any description, whether made by an instrument or otherwise.

(2) The provisions of paragraphs 15 to 17 are without prejudice to any power of the court to grant injunctions under section 91 of the Judicature (Northern Ireland) Act 1978 (c. 23).

Interpretation of Schedule

19

In this Schedule—

“the court” means the High Court;

“dwelling-house” includes—any building, or part of a building, which is occupied as a dwelling, andany yard, garden, garage or outhouse belonging to, and occupied with, the dwelling-house;

“overseas country” has the meaning given by paragraph 1(3).

SCHEDULE 18

Rent (Northern Ireland) Order 1978 (S.I. 1978/1050 (N.I. 20))

1

In Article 14 (extended discretion of court), in paragraph (2), after “spouse” (in both places) insert “ or civil partner ”.

2

(1) Amend Schedule 1 (statutory tenants by succession) as follows.

(2) In paragraph 2, after “surviving spouse” insert “ , or surviving civil partner, ”.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

In Schedule 4 (grounds for possession), in Case 3 in Part 1 (dwelling-house required as residence for landlord or member of his family), in paragraph (d), for “wife or husband” substitute “ spouse or civil partner ”.

Housing (Northern Ireland) Order 1981 (S.I. 1981/156 (N.I. 3))

4

(1) Amend Article 2A (meaning of member of a person’s family) as follows.

(2) In paragraph (1)(a)—

(a) after “spouse” insert “ or civil partner ”, and

(b) after “live together as husband and wife” insert “ or as if they were civil partners ”.

(3) In paragraph (2)(a), after “a relationship by marriage” insert “ or civil partnership ”.

Housing (Northern Ireland) Order 1983 (S.I. 1983/1118 (N.I. 15))

5

(1) In Article 24 (interpretation), amend paragraph (3) (meaning of member of another’s family) as follows.

(2) After “spouse” insert “ , civil partner ”.

(3) After “marriage” insert “ or civil partnership ”.

(4) After “live together as husband and wife” insert “ or as if they were civil partners ”.

6

(1) Amend Article 26 (succession on death of tenant) as follows.

(2) In paragraph (2)(a), after “spouse” insert “ or civil partner ”.

(3) In paragraph (3)(a), after “spouse” insert “ or civil partner ”.

(4) In paragraph (4), for “paragraph (4A)” substitute “ paragraphs (4A) and (4B) ”.

(5) After paragraph (4A) insert—

(4B) A tenant to whom the tenancy was assigned in pursuance of an order under any of the following provisions of the Civil Partnership Act 2004— (a) Part 2 of Schedule 15; or (b) paragraph 9(2) or (3) of Schedule 17, is a successor only if the other civil partner was a successor.

7

In Article 32 (assignments), in paragraph (1), after sub-paragraph (a) insert—

(aa) the assignment is made in pursuance of an order made under Part 2 of Schedule 15, or paragraph 9(2) or (3) of Schedule 17, to the Civil Partnership Act 2004; or

8

In Article 33 (other disposals), in paragraph (2), after sub-paragraph (a) insert—

(aa) the vesting or other disposal is in pursuance of an order made under Part 2 of Schedule 15, or paragraph 9(2) or (3) of Schedule 17, to the Civil Partnership Act 2004; or

9

In Article 94 (subletting or assignment), in paragraph (2), after “1978” insert “ or Part 2 of Schedule 15, or paragraph 9(2) or (3) of Schedule 17, to the Civil Partnership Act 2004 ”.

10

In Schedule 3 (grounds for possession of dwelling-houses let under secure tenancies), in Ground 2A—

(a) for “a married couple or” substitute “ a married couple, a couple who are civil partners of each other ”, and

(b) after “as husband and wife” insert “ or a couple living together as if they were civil partners ”.

Housing (Northern Ireland) Order 2003 (S.I. 2003/412 (N.I. 2))

11

(1) Amend Article 3 (meaning of a person’s family) as follows.

(2) In paragraph (1)(a)—

(a) after “spouse” insert “ or civil partner ”, and

(b) after “live together as husband and wife” insert “ or as if they were civil partners ”.

(3) In paragraph (2)(a), after “a relationship by marriage” insert “ or civil partnership ”.

12

In Article 13 (persons qualified to succeed tenant under an introductory tenancy), in paragraph (a), after “spouse” insert “ or civil partner ”.

13

Article 14 (cases where tenant is a successor), in paragraph (2), after sub-paragraph (c) insert—

(d) Part 2 of Schedule 15, or paragraph 9(2) or (3) of Schedule 17, to the Civil Partnership Act 2004 (property adjustment orders in connection with civil partnership proceedings or after overseas dissolution of civil partnership, etc.),

14

(1) Amend Article 15 (persons qualified to succeed tenant under an introductory tenancy) as follows.

(2) In paragraph (2)(a), after “spouse” insert “ or civil partner ”.

(3) In paragraph (3)(a), after head (iv) insert—

(v) Part 2 of Schedule 15, or paragraph 9(2) or (3) of Schedule 17, to the Civil Partnership Act 2004 (property adjustment orders in connection with civil partnership proceedings or after overseas dissolution of civil partnership, etc.),

15

Article 16 (assignment in general prohibited), in paragraph (2)(a), after head (iv) insert—

(v) Part 2 of Schedule 15, or paragraph 9(2) or (3) of Schedule 17, to the Civil Partnership Act 2004 (property adjustment orders in connection with civil partnership proceedings or after overseas dissolution of civil partnership, etc.),

16

In Article 28 (interpretation of Part 3), in the definition of “partner”—

(a) after “spouse” (in both places) insert “ or civil partner ”, and

(b) after “husband or wife” insert “ or as if they were civil partners ”.

SCHEDULE 19

Part 1 — Amendments of the Family Homes and Domestic Violence (Northern Ireland) Order (SI 1998/1071 (NI 6))

1

(1) Amend Article 2 (interpretation) as follows.

(2) In paragraph (2), after the definition of “health” insert—

“home rights” has the meaning given by Article 4;

(3) In the definition of “matrimonial charge” in that paragraph, after “matrimonial” insert “ or civil partnership ”.

(4) Omit the definition of “matrimonial home rights” in that paragraph.

(5) In the definition of “relative” in that paragraph—

(a) in paragraphs (a) and (b) for “spouse or former spouse” substitute “ spouse, former spouse, civil partner or former civil partner ”, and

(b) after “were married to each other” insert “ or were civil partners of each other ”.

(6) After paragraph (3)(g) insert—

(h) the Civil Partnership Act 2004.

(7) In paragraph (7), after “matrimonial” insert “ or civil partnership ”.

2

(1) Amend Article 3 (meaning of “cohabitees”, “relevant child” and “associated persons”) as follows.

(2) For paragraph (1)(a) substitute—

(a) “cohabitees” are two persons who are neither married to each other nor civil partners of each other but are living together as husband and wife or as if they were civil partners;

(3) In paragraph (1)(b), after “have subsequently married each other” insert “ or become civil partners of each other ”.

(4) After paragraph (3)(a) insert—

(aa) they are or have been civil partners of each other;

(5) After paragraph (3)(e) insert—

(eza) they have entered into a civil partnership agreement (as defined by section 197 of the Civil Partnership Act 2004) (whether or not that agreement has been terminated);

3

(1) Amend Article 4 (rights concerning matrimonial home where one spouse has no estate, etc.) as follows.

(2) In paragraph (1)—

(a) in sub-paragraph (a)—

(i) after “one spouse” insert “ or civil partner (“A”) ”, and

(ii) for “that spouse” substitute “ A ”,

(b) in sub-paragraph (b), after “other spouse” insert “ or civil partner (“B”) ”.

(3) In paragraph (2)—

(a) for “the spouse not so entitled” substitute “ B ”,

(b) for “(“matrimonial home rights”)” substitute “ (“home rights”) ”, and

(4) In paragraph (3)—

(a) for “a spouse” and for “that spouse” substitute “ B ”, and

(b) for “the other spouse” (in both places) substitute “ A ”.

(5) In paragraph (4)—

(a) for “A spouse's” substitute “ B's ”,

(b) in sub-paragraph (a), for “by the other spouse as the other spouse's” substitute “ by A as A's ”, and

(i) for “the spouse occupies the dwelling-house as that spouse's” substitute “ B occupies the dwelling-house as B's ”, and

(ii) for “by the other spouse as the other spouse's” substitute “ by A as A's ”.

(6) In paragraph (5)—

(a) for “a spouse (“the first spouse”)” substitute “ B ”, and

(b) in sub-paragraph (b), for “the other spouse (“the second spouse”)” substitute “ A ”,

(d) for “the first spouse” substitute “ B ”.

(7) In paragraph (6)—

(a) for “a spouse” substitute “ B ”, and

(b) for “the other spouse” (in both places) substitute “ A ”.

(8) In paragraph (7), for the words from first “which” to the end substitute

which— (a) in the case of spouses, has at no time been, and was at no time intended by them to be, a matrimonial home of theirs; and (b) in the case of civil partners, has at no time been, and was at no time intended by them to be, a civil partnership home of theirs.

(9) In paragraph (8)—

(a) for “A spouse’s matrimonial home rights” substitute “ B’s home rights ”,

(b) in sub-paragraph (a), after “marriage” insert “ or civil partnership ”, and

(10) In paragraph (9)—

(a) for “a spouse” substitute “ a person ”,

(b) for “matrimonial home rights” substitute “ home rights ”, and

(11) In the heading to Article 4, for “matrimonial home where one spouse” substitute “ home where one spouse or civil partner ” and, in the preceding cross-heading, after “matrimonial” insert “ or civil partnership ”.

4

(1) Amend Article 5 (effect of matrimonial home rights as charge on dwelling-house) as follows.

(2) In paragraph (1), for “marriage, one spouse” substitute “ marriage or civil partnership, A ”.

(3) In paragraph (2), for “The other spouse’s matrimonial home rights” substitute “ B’s home rights ”.

(4) In paragraph (3)—

(a) in sub-paragraph (a), for “the spouse so entitled” substitute “ A ”, and

(b) in sub-paragraph (b), after “marriage” insert “ or of the formation of the civil partnership ”.

(5) In paragraph (4)—

(a) for “a spouse’s matrimonial home rights” substitute “ B’s home rights ”,

(b) for “the other spouse” substitute “ A ”, and

(6) In paragraph (5), for “the other spouse” substitute “ A ”.

(7) In paragraph (6), for “the spouses” substitute “ A and B ”.

(8) In paragraph (7)—

(a) for “a spouse’s matrimonial home rights” substitute “ B’s home rights ”,

(b) in sub-paragraph (a), for “the other spouse” substitute “ A ”, and

(9) In paragraph (8)—

(a) in sub-paragraph (a), for “a spouse’s matrimonial home rights” substitute “ B’s home rights ”, and

(b) for “the other spouse” (in both places) substitute “ A ”.

(10) In the heading to Article 5, for “matrimonial home rights” substitute “ home rights ”.

5

(1) Amend Article 6 (registration, etc. of matrimonial charge) as follows.

(2) In paragraphs (1), (3), (4), (5) and (6), after “matrimonial” insert “ or civil partnership ”.

(3) In the heading to Article 6, after “matrimonial” insert “ or civil partnership ”.

6

(1) Amend Article 7 (restriction on registration where spouse entitled to more than one matrimonial charge) as follows.

(2) In paragraphs (1), (2) and (3), after “spouse” (in each place) insert “ or civil partner ”.

(3) In paragraphs (1), (2), (3) and (4), after “matrimonial” (in each place) insert “ or civil partnership ”.

(4) In paragraph (3), for “matrimonial home rights” substitute “ home rights ”.

(5) In the heading to Article 7, after “matrimonial” insert “ or civil partnership ”.

7

(1) Amend Article 8 (cancellation of registration of matrimonial charge before completion of disposal of dwelling-house) as follows.

(2) In paragraphs (1) and (2), after “matrimonial” insert “ or civil partnership ”.

(3) In the heading to Article 8, after “matrimonial” insert “ or civil partnership ”.

8

(1) Amend Article 9 (cancellation of registration after termination of marriage, etc.) as follows.

(2) In paragraph (1), for “matrimonial charge” substitute “ matrimonial or civil partnership charge ”.

(3) In paragraphs (1)(a), (2)(a) and (b) and (3), after “spouse” insert “ or civil partner ”.

(4) In paragraphs (1)(b), (2)(a) and (4), after “marriage” (in each place) insert “ or civil partnership ”.

(5) In paragraphs (1)(c), (2), (3) and (4), after “matrimonial” (in each place) insert “ or civil partnership ”.

(6) In paragraph (1)(c), for “spouse’s matrimonial home rights” substitute “ spouse’s or civil partner’s home rights ”.

(7) In the heading to Article 9, after “marriage” insert “ or civil partnership ”.

9

(1) Amend Article 10 (release of matrimonial home rights and postponement of priority of matrimonial charge) as follows.

(2) In paragraph (1), for “spouse entitled to matrimonial home rights” substitute “ spouse or civil partner entitled to home rights ”.

(3) In paragraphs (2) and (3), for “matrimonial charge” (in each place) substitute “ matrimonial or civil partnership charge ”.

(4) In paragraph (2), for “matrimonial home rights” substitute “ home rights ”.

(5) In paragraph (3), after “spouse” insert “ or civil partner ”.

(6) In the heading to Article 10, after “matrimonial” (in each place) insert “ or civil partnership ”.

10

(1) Amend Article 11 (occupation orders where applicant has estate or interest etc. or has matrimonial home rights) as follows.

(2) In paragraph (1)(a)(ii), for “matrimonial home rights” substitute “ home rights ”.

(3) After paragraph (2) insert—

(2A) If a civil partnership agreement (within the meaning of the Civil Partnership Act 2004) is terminated, no application under this Article may be made by virtue of Article 3(3)(eza) by reference to that agreement after the end of the period of three years beginning with the day on which it is terminated.

(4) In paragraph (3)(f)—

(a) for “matrimonial home rights” substitute “ home rights ”, and

(b) after “spouse” insert “ or civil partner ”.

(5) In paragraph (4), for “matrimonial home rights” substitute “ home rights ”.

(6) In paragraph (5)—

(a) for “matrimonial home rights” substitute “ home rights ”,

(b) after “is the other spouse” insert “ or civil partner ”,

(d) in sub-paragraph (a), after “spouse” insert “ or civil partner ”, and

(e) in sub-paragraph (b), after “marriage” insert “ or civil partnership ”.

(7) In the heading to Article 11, for “matrimonial home rights” substitute “ home rights ”.

11

In Article 12 (effect of order under Article 11 where rights are charge on dwelling-house), in paragraph (1)—

(a) for “a spouse’s matrimonial home rights” substitute “ B’s home rights ”, and

(b) for “the other spouse” (in each place) substitute “ A ”.

12

(1) Amend Article 13 (one former spouse with no existing right to occupy) as follows.

(2) In paragraph (1)(a) and (b), after “former spouse” insert “ or former civil partner ”.

(3) For paragraph (1)(c) substitute—

(c) the dwelling house— (i) in the case of former spouses, was at any time their matrimonial home or was at any time intended by them to be their matrimonial home, or (ii) in the case of former civil partners, was at any time their civil partnership home or was at any time intended by them to be their civil partnership home.

(4) In paragraph (2), after “former spouse” (in both places) insert “ or former civil partner ”.

(5) In paragraph (6)(f), after “marriage” insert “ or civil partnership ”.

(6) After paragraph (6)(g)(i), insert—

(ia) for a property adjustment order under Part 2 of Schedule 15 to the Civil Partnership Act 2004;

(7) In paragraph (9)(a), after “former spouses” insert “ or former civil partners ”.

(8) In paragraphs (11) and (12), after “former spouse” insert “ or former civil partner ”.

(9) For paragraph (13)(a) and (b) substitute—

(a) as if he were B (the person entitled to occupy the dwelling-house by virtue of that Article); and (b) as if the respondent were A (the person entitled as mentioned in paragraph (1)(a) of that Article).

(10) In the heading to Article 13, after “former spouse” insert “ or former civil partner ”.

13

In Article 14 (one cohabitee or former cohabitee with no existing right to occupy), for paragraph (13)(a) and (b) substitute—

(a) as if he were B (the person entitled to occupy the dwelling-house by virtue of that Article); and (b) as if the respondent were A (the person entitled as mentioned in paragraph (1)(a) of that Article).

14

(1) Amend Article 15 (neither spouse entitled to occupy) as follows.

(2) After paragraph (1) insert—

(1A) This Article also applies if— (a) one civil partner or former civil partner and the other civil partner or former civil partner occupy a dwelling-house which is or was the civil partnership home; but (b) neither of them is entitled to remain in occupation— (i) by virtue of a beneficial estate or contract; or (ii) by virtue of any statutory provision giving him the right to remain in occupation.

(3) In paragraph (3)(c), for “spouses” substitute “ parties ”.

(4) In the heading to Article 15, after “spouse” insert “ or civil partner ”.

15

In Article 20 (non-molestation orders), after paragraph (4) insert—

(4ZA) If a civil partnership agreement (within the meaning of the Civil Partnership Act 2004) is terminated, no application under this Article may be made by virtue of Article 3(3)(eza) by reference to that agreement after the end of the period of three years beginning with the day on which it is terminated.

16

(1) In Article 22 (evidence of agreement to marry), after paragraph (2) insert—

(3) Subject to paragraph (4), the court shall not make an order under Article 11 or 20 by virtue of Article 3(3)(eza) unless there is produced to it evidence in writing of the existence of the civil partnership agreement (within the meaning of the Civil Partnership Act 2004). (4) Paragraph (3) does not apply if the court is satisfied that the civil partnership agreement was evidenced by— (a) a gift by one party to the agreement to the other as a token of the agreement, or (b) a ceremony entered into by the parties in the presence of one or more other persons assembled for the purpose of witnessing the ceremony.

(2) In the heading to Article 22, after “marry” insert “ or form a civil partnership ”.

17

In Article 24 (variation and discharge of orders), in paragraph (3)—

(a) for “a spouse’s matrimonial home rights are” substitute “ B’s home rights are, under Article 12, ”, and

(b) for “the other spouse” (in each place) substitute “ A ”.

18

(1) Amend Article 31 (dwelling-house subject to mortgage) as follows.

(2) In paragraphs (3)(a) and (4), for “matrimonial home rights” substitute “ home rights ”.

(3) In paragraph (5), after “spouse, former spouse” insert “ , civil partner, former civil partner ”.

19

(1) Amend Article 33 (actions by mortgagees: service of notice on certain persons) as follows.

(2) In paragraphs (1) and (2), after “matrimonial” insert “ or civil partnership ”.

20

(1) Amend Article 39 (appeals) as follows.

(2) 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.

(3) At the end of paragraph (6) insert “ or a civil partnership proceedings county court exercising jurisdiction under the Civil Partnership Act 2004 in the same proceedings ”.

21

(1) Amend Schedule 2 (transfer of certain tenancies on divorce etc. or on separation of cohabitees) as follows.

(2) In paragraph 1(2), before the definition of “cohabitee” insert—

“civil partner”, except in paragraph 2, includes (where the context requires) former civil partner;

(3) In paragraph 2(1), after “spouse” (in both places) insert “ or civil partner ”.

(4) For paragraph 2(2) substitute—

(2) The court may make a Part II order— (a) on granting a decree of divorce, a decree of nullity of marriage or a decree of judicial separation or at any time thereafter (whether, in the case of a decree of divorce or nullity of marriage, before or after the decree is made absolute), or (b) at any time when it has power to make a property adjustment order under Part 2 of Schedule 15 to the Civil Partnership Act 2004 with respect to the civil partnership.

(5) In paragraph 2(3), after “spouse” insert “ or civil partner ”.

(6) Omit “or” at the end of paragraph 4(1)(a) and insert—

(aa) in the case of civil partners, a civil partnership home; or

(7) In paragraph 5(a), after “spouses” insert “ , civil partners ”.

(8) In paragraph 6, after “spouse” (in both places) insert “ , civil partner ”.

(9) In paragraph 7(1) and (2), after “spouse” (in each place) insert “ , civil partner ”.

(10) For paragraph 7(3) substitute—

(3) If the spouse, civil partner or cohabitee so entitled is a successor within the meaning of Chapter 2 of Part 2 of the Housing (Northern Ireland) Order 1983 (S.I. 1983/1118 (N.I. 15))— (a) his former spouse (or, in the case of judicial separation, his spouse), (b) his former civil partner (or, if a separation order is in force, his civil partner), or (c) his former cohabitee, is to be deemed also to be a successor within the meaning of that Chapter.

(11) In paragraph 8(1) and (2)(a) and (b), after “spouse” insert “ , civil partner ”.

(12) In paragraph 8(3), after “widower” insert “ or surviving civil partner ”.

(13) In paragraph 9(1) (in both places), after “spouse” insert “ , civil partner ”.

(14) In paragraph 10(1), after “spouses” insert “ , civil partners ”.

(15) In paragraph 10(2), after “spouse” insert “ , civil partner ”.

(16) For paragraph 11 and the heading preceding it, substitute—

(11) The date specified in a Part II order as the date on which the order is to take effect must not be earlier than— (a) in the case of a marriage in respect of which a decree of divorce or nullity has been granted, the date on which the decree is made absolute; (b) in the case of a civil partnership in respect of which a dissolution or nullity order has been made, the date on which the order is made final.

(17) For paragraph 12 and the heading preceding it substitute—

(12) (1) If after the grant of a decree dissolving or annulling a marriage either spouse remarries or forms a civil partnership, that spouse is not entitled to apply, by reference to the grant of that decree, for a Part II order. (2) If after the making of a dissolution or nullity order either civil partner forms a subsequent civil partnership or marries, that civil partner is not entitled to apply, by reference to the making of that order, for a Part II order. (3) In sub-paragraphs (1) and (2)— (a) the references to remarrying and marrying, include references to cases where the marriage is by law void or voidable, and (b) the references to forming a civil partnership, include references to cases where the civil partnership is by law void or voidable.

(18) In paragraph 14(1)—

(a) after “spouse” insert “ or civil partner ”, and

(b) for “spouse’s matrimonial home rights” substitute “ spouse’s or civil partner’s home rights ”.

(19) In paragraph 14(2), after “spouse” insert “ , civil partner ”.

Part 2 — Consequential amendments

Land Registration Act (Northern Ireland) 1970 (c. 18)

22

In Part 1 of Schedule 6 (registration of certain burdens), in paragraph 14A for “matrimonial charge (within the meaning of Article 5(1) of the Family Law (Miscellaneous Provisions) (Northern Ireland) Order 1984 or” substitute “ matrimonial or civil partnership charge ( ”.

Registration of Deeds Act (Northern Ireland) 1970 (c. 25)

23

In section 4(4A), for “matrimonial charge (within the meaning of Article 5(1) of the Family Law (Miscellaneous Provisions) (Northern Ireland) Order 1984 or” substitute “ matrimonial or civil partnership charge ( ”.

Land Acquisition and Compensation (Northern Ireland) Order 1973 (S.I. 1973/1896 (N.I. 21))

24

(1) Amend Article 30A (spouses having statutory rights of occupation) as follows.

(2) In paragraph (1)—

(a) for “one spouse (“A”)” substitute “ one spouse or civil partner (“A”) ”, and

(b) for “the other spouse (“B”) acquires matrimonial home rights” substitute “ the other spouse or civil partner (“B”) acquires home rights ”.

(3) In paragraph (2), for “matrimonial home rights” substitute “ home rights ”.

(4) In the heading to Article 30A, after “spouses” insert “ and civil partners ”.

Rent (Northern Ireland) Order 1978 (S.I. 1978/1050 (N.I. 20))

25

(1) Amend Article 14 (extended discretion of court in certain proceedings for possession) as follows.

(2) In paragraph (4A)(b), for “tenant’s spouse or former spouse, having matrimonial home rights” substitute “ tenant’s spouse or former spouse, or civil partner or former civil partner, having home rights ”.

(3) In paragraph (4B)—

(a) after “the spouse or former spouse” insert “ , or the civil partner or former civil partner, ”, and

(b) for “those matrimonial home rights” substitute “ those home rights ”.

(4) In paragraph (4C)—

(a) in sub-paragraph (b), for “former spouse of the tenant” substitute “ former spouse or former civil partner of the tenant ”, and

(b) in sub-paragraph (c) after “former spouse,” insert “ former civil partner, ”.

(5) In paragraph (4D), after “former spouse,” insert “ former civil partner, ”.

Housing (Northern Ireland) Order 1983 (S.I. 1983/1118 (N.I. 15))

26

In Article 36(1)(d) (rent not to be increased on account of tenant’s improvements), after “former spouse” insert “ civil partner, former civil partner, ”.

27

(1) Amend Article 47 (extended discretion of court in possession claims) as follows.

(2) In paragraph (5), for “tenant’s spouse or former spouse, having matrimonial home rights” substitute “ tenant’s spouse or former spouse, or civil partner or former civil partner, having home rights ”.

(3) In paragraph (6)—

(a) after “the spouse or former spouse” insert “ , or the civil partner or former civil partner ”, and

(b) for “those matrimonial home rights” substitute “ those home rights ”.

(4) In paragraph (7)—

(a) in sub-paragraph (b), for “former spouse of the tenant” substitute “ former spouse or former civil partner of the tenant ”,

(b) in sub-paragraph (c), after “former spouse” insert “ former civil partner ”.

(5) In paragraph (8) after “former spouse,” insert “ former civil partner, ”.

Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19))

28

(1) Amend Article 309 (rights of occupation etc. of bankrupt’s spouse) as follows.

(2) In paragraph (1), for “matrimonial home rights” substitute “ home rights ”.

(3) In paragraph (2)—

(a) for “a spouse’s matrimonial home rights” substitute “ a spouse’s or civil partner’s home rights ”, and

(b) after “the other spouse” (in each place) insert “ or civil partner ”.

(4) In paragraph (3) after “spouse or former spouse” insert “ or civil partner or former civil partner ”.

29

(1) Amend Article 310 (rights of occupation of bankrupt) as follows.

(2) In paragraph (2), for “spouse (if any) has matrimonial home rights” substitute “ spouse or civil partner (if any) has home rights ”.

(3) In paragraph (3)—

(a) in sub-paragraph (a), for “matrimonial home rights” substitute “ home rights ”, and

(b) in sub-paragraph (c), after “spouse” insert or “ civil partner ”.

Part 3 — Transitional provision

30

(1) Any reference (however expressed) in any enactment, instrument or document (whether passed or made before or after the passing of this Act)—

(a) to rights of occupation under, or within the meaning of, Part II of the Family Law (Miscellaneous Provisions) (Northern Ireland) Order 1984 (S.I. 1984/1984 (N.I. 14)), or

(b) to matrimonial home rights under, or within the meaning of, the Family Homes and Domestic Violence (Northern Ireland) Order 1998 (S.I. 1998/1071 (N.I. 6)),

is to be construed, so far as is required for continuing the effect of the instrument or document, as being or as the case requires including a reference to home rights under, or within the meaning of, the 1998 Order as amended by this Schedule.

(2) Any reference (however expressed) in the 1998 Order or in any other enactment, instrument or document (including any enactment amended by this Schedule) to home rights under, or within the meaning of, the 1998 Order is to be construed as including, in relation to times, circumstances and purposes before the commencement of this Schedule, references to rights of occupation under, or within the meaning of, Part II of the 1984 Order and to matrimonial home rights under, or within the meaning of, the 1998 Order without the amendments made by this Schedule.

(3) Any reference (however expressed) in any enactment, instrument or document (whether passed or made before or after the passing of this Act) to a matrimonial charge under, or within the meaning of—

(a) Article 5(1) of the 1984 Order, or

(b) the 1998 Order,

is to be construed, so far as is required for continuing the effect of the instrument or document, as being or as the case requires including a reference to a matrimonial or civil partnership charge under, or within the meaning of, the 1998 Order as amended by this Schedule.

(4) Any reference (however expressed) in the 1998 Order or in any other enactment, instrument or document (including any enactment amended by this Schedule) to a matrimonial or civil partnership charge under, or within the meaning of, the 1998 Order is to be construed as including, in relation to times, circumstances and purposes before the commencement of this Schedule, references to a matrimonial charge under, or within the meaning of—

(a) Article 5(1) of the 1984 Order, or

(b) the 1998 Order.

SCHEDULE 20

A relationship is specified for the purposes of section 213 (meaning of “overseas relationship”) if it is registered in a country or territory given in the first column of the table and fits the description given in relation to that country or territory in the second column—

SCHEDULE 21

1

The Declinature Act 1681 (c. 79) (Senators of College of Justice not to sit in causes of persons related to them).

2

Section 21 of the Small Landholders (Scotland) Act 1911 (c. 49) (assignment of holding).

3

Section 68(2)(e) of the Marriage Act 1949 (c. 76) (solemnisation of marriages of stepchildren of servicemen in naval, military and air force chapels etc.).

4

Section 7(7) of the Leasehold Reform Act 1967 (c. 88) (rights of members of family succeeding to tenancy on death: member of another’s family).

5

Section 18(3) of that Act (residential rights and exclusion of enfranchisement or extension: adult member of another’s family).

6

Section 2(2) of the Employers' Liability (Compulsory Insurance) Act 1969 (c. 57) (employees to be covered).

7

Section 27(5) of the Parliamentary and other Pensions Act 1972 (c. 48) (pensions for dependants of Prime Minister or Speaker).

8

Section 184(5) of the Consumer Credit Act 1974 (c. 39) (associates).

9

Section 1(5) of the Fatal Accidents Act 1976 (c. 30) (right of action for wrongful act causing death: who are dependants).

10

The definition of “relative” in section 31(1) of the Credit Unions Act 1979 (c. 34) (interpretation, etc.).

11

Section 32(3) of the Estate Agents Act 1979 (c. 38) (“associate”: meaning of relative).

12

Section 13(1) of the Administration of Justice Act 1982 (c. 53) (deduction of relationships).

13

Section 12(5) of the Mental Health Act 1983 (c. 20) (general provisions as to medical recommendations: persons who may not give recommendations).

14

Section 25C(10) of that Act (supervision applications: meaning of “close relative”).

15

Section 5(3) of the Mobile Homes Act 1983 (c. 34) (interpretation: member of another’s family).

16

Section 153(4) of the Companies Act 1985 (c. 6) (transactions not prohibited by section 151).

17

Section 203(1) of that Act (notification of family and corporate interests: person interested in shares).

18

Section 327(2) of that Act (extension of section 323 to spouses and children).

19

Section 328(8) of that Act (extension of section 324 to spouses and children).

20

Section 346(2) of that Act (“connected persons”).

21

Section 430E(8) of that Act (associates).

22

Section 742A(6) of that Act (meaning of “offer to the public”).

23

Section 74(4)(a) of the Bankruptcy (Scotland) Act 1985 (c. 66) (meaning of “associate”).

24

Section 113(2) of the Housing Act 1985 (c. 68) (members of a person’s family).

25

Section 186(2) of that Act (members of a person’s family).

26

Section 105(2) of the Housing Associations Act 1985 (c. 69) (members of a person’s family).

27

Section 20(6) of the Airports Act 1986 (c. 31) (powers of investment and disposal in relation to public airport companies).

28

Section 435(8) of the Insolvency Act 1986 (c. 45) (meaning of “associate”).

29

Section 70(2)(a) and (c), (3)(a) and (4) of the Building Societies Act 1986 (c. 53) (interpretation).

30

Section 83(2)(c) of the Housing (Scotland) Act 1987 (c. 26) (members of a person’s family).

31

Section 4(6) of the Landlord and Tenant Act 1987 (c. 31) (relevant disposals).

32

Section 52(2)(a) of the Companies Act 1989 (c. 40) (meaning of “associate”).

33

The definition of “relative” in section 105(1) of the Children Act 1989 (c. 41) (interpretation).

34

Paragraph 1(2) of Schedule 2 to the Broadcasting Act 1990 (c. 42) (restrictions on the holding of licences).

35

Section 11(1) of the Agricultural Holdings (Scotland) Act 1991 (c. 55) (bequest of lease).

36

Section 77(3)(c) of the Friendly Societies Act 1992 (c. 40) (information on appointed actuary to be annexed to balance sheet).

37

The definitions of “son” and “daughter” in section 119A(2) of that Act (meaning of “associate”).

38

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

39

Section 10(5) of the Leasehold Reform, Housing and Urban Development Act 1993 (c. 28) (premises with a resident landlord: adult member of another’s family).

40

Section 61(2) of the Crofters (Scotland) Act 1993 (c. 44) (member of family).

41

Section 2 of the Criminal Law (Consolidation) (Scotland) Act 1995 (c. 39) (intercourse with stepchild).

42

Section 161(1) of the Employment Rights Act 1996 (c. 18) (domestic servants).

43

The definition of “relative” in section 63(1) of the Family Law Act 1996 (c. 27) (interpretation of Part 4 of the 1996 Act).

44

Section 62(2) of the Housing Act 1996 (c. 52) (members of a person’s family: Part 1).

45

Section 140(2) of that Act (members of a person’s family: Chapter 1).

46

Section 143P(3) of that Act (members of a person’s family: Chapter 1A).

47

The definition of “relative” in section 178(3) of that Act (meaning of associated person).

48

Section 422(4)(b) of the Financial Services and Markets Act 2000 (c. 8) (controller).

49

Paragraph 16(2) of Schedule 11 to that Act (offers of securities).

50

Section 108(2)(c) of the Housing (Scotland) Act 2001 (asp 10) (meaning of certain terms).

51

Section 1(3) of the Mortgage Rights (Scotland) Act 2001 (asp 11) (application to suspend enforcement of standard security).

52

Paragraph 3(8) of Schedule 6 to the Commonhold and Leasehold Reform Act 2002 (c. 15) (premises excluded from right to manage).

53

Section 127(6) of the Enterprise Act 2002 (c. 40) (associated persons).

SCHEDULE 22

1

The definition of “member of the family” in section 101 of the Industrial and Provident Societies Act (Northern Ireland) 1969 (c. 24 (N.I.)) (interpretation).

2

Section 1(3)(f) of the Leasehold (Enlargement and Extension) Act (Northern Ireland) 1971 (c. 7 (N.I.)) (persons to have rights to acquire a fee simple or to obtain extension of a lease).

3

Section 19(1)(a) of that Act (family of a person).

4

Section 3(7) of the Pensions (Increase) Act (Northern Ireland) 1971 (c. 35 (N.I.)) (dependants).

5

Article 6 of the Employers' Liability (Defective Equipment and Compulsory Insurance) (Northern Ireland) Order 1972 (S.I. 1972/963 (N.I. 6)) (employees to be exempted).

6

Article 2 (2) of the Fatal Accidents (Northern Ireland) Order 1977 (S.I. 1977/ 1251 (N.I. 18)) (dependants).

7

Article 2 (5) of the Housing (Northern Ireland) Order 1981 (S.I. 1981/156 (N.I. 3)) (interpretation).

8

Article 24 (3) of the Housing (Northern Ireland) Order 1983 (S.I. 1983/1118 (N.I. 15)) (interpretation).

9

The definition of “member of the family” in Article 2(2) of the Credit Unions (Northern Ireland) Order 1985 (S.I. 1985/1205 (N.I. 12)) (interpretation).

10

Schedule 1 to the Mental Health (Northern Ireland) Order 1986 (S.I. 1986/ 595 (N.I. 4)) (general provisions as to medical recommendations: persons who may not give recommendations).

11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

12

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

13

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

14

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

15

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

16

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

17

Article 4 (8) of the Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19)) (meaning of “associate”).

18

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

19

Article 2 (4) of the Registered Homes (Northern Ireland) Order 1992 (S.I. 1992/3204 (N.I. 20)) (meaning of “relative”).

20

The definition of “relative” in Article 2(2) of the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2)).

21

Article 196 (1) of the Employment Rights (Northern Ireland) Order 1996 (S.I. 1996/1919 (N.I. 16)) (domestic servants).

22

The definition of “relative” in Article 2(2) of the Family Homes and Domestic Violence (Northern Ireland) Order 1998 (S.I. 1998/1071 (N.I. 6)) (interpretation).

23

Article 3 (2) of the Housing (Northern Ireland) Order 2003 (S.I. 2003/412 (N.I. 2)) (members of a person’s family).

24

The definition of “relative” in Article 2(2) of the Firearms (Northern Ireland) Order 2004 (S.I. 2004/702 (N.I. 3)) (interpretation).

SCHEDULE 23

Part 1 — Introduction

Application of Schedule

1

(1A) Part 3 of this Schedule applies if—

(a) two people wish to register in Scotland as civil partners of each other, and

(b) one of them is subject to immigration control.

(1B) Part 4 of this Schedule applies if—

(a) two people wish to register in Northern Ireland as civil partners of each other, and

(b) one of them is subject to immigration control.

(2) Part 4 of this Schedule applies to a civil partnership that is to be formed in Northern Ireland by signing a civil partnership schedule unless each party to the civil partnership falls within exception A or exception B.

(3) A party to the civil partnership falls within exception A if the person is a relevant national.

(4) A party to the civil partnership falls within exception B if—

(a) the person is exempt from immigration control, and

(b) the notice of civil partnership is accompanied by the evidence required by regulations made under section 54(2) of, and paragraph 3 of Schedule 5 to, the Immigration Act 2014.

The qualifying condition

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part 2 — England and Wales

Application of this Part

3

This Part of this Schedule applies as mentioned in paragraph A1.

Procedure for giving notice of proposed civil partnership

4

(1) Each notice of proposed civil partnership under Chapter 1 of Part 2 of this Act—

(a) must be given to a registration authority which is specified for the purposes of this paragraph by regulations made by the Secretary of State and is the appropriate registration authority, . . .

(b) must be delivered to the relevant individual in person by the two proposed civil partners.

(c) may be given only if each of the proposed civil partners has been resident in the area of a registration authority for the period of 7 days immediately before the giving of his or her notice (but the area need not be that of the registration authority to which the notice is given and the proposed civil partners need not have resided in the area of same registration authority), and

(d) must state, in relation to each of the proposed civil partners, the registration authority by reference to the area of which paragraph (c) is satisfied.

(2) “The relevant individual” means such employee or officer or other person provided by the appropriate registration authority as is determined in accordance with regulations made by the Secretary of State for the purposes of this sub-paragraph.

(3) Regulations under sub-paragraph (2) may, in particular, describe a person by reference to the location or office where he works.

(3A) For the purposes of this paragraph, “the appropriate registration authority” means—

(a) if the proposed civil partners have resided in the area of the same specified registration authority for the period of 7 days immediately before the giving of the notice (“the 7 day period”), that specified registration authority, or

(b) if one or both of the proposed civil partners have resided in the area of a specified registration authority (but not the same specified registration authority) for the 7 day period, the specified registration authority of the area in which one of them has resided for that period, or

(c) if neither of the proposed civil partners has resided in the area of a specified registration authority for the 7 day period, any specified registration authority.

(3B) In sub-paragraph (3A), “specified registration authority” means a registration authority specified for the purposes of sub-paragraph (1)(a) by regulations made under that provision.

(4) Before making any regulations under this paragraph the Secretary of State must consult the Registrar General.

Declaration

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Recording of notice

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Supplementary

7

(1) Part 2 of this Act has effect in any case where this Part of this Schedule applies subject to any necessary modification.

(2) In particular —

(a) section 8(4)(b) has effect as if it required a declaration that the notice of proposed civil partnership is given in compliance with paragraph 4(1) above, and

(b) section 52 has effect as if the matters proof of which is not necessary in support of the civil partnership included compliance with this Part of this Schedule.

(3) An expression used in this Part of this Schedule and in Chapter 1 of Part 2 of this Act has the same meaning as in that Chapter.

Part 3 — Scotland

Application of this Part

8

This Part of this Schedule applies as mentioned in paragraph 1(1).

Procedure for giving notice of proposed civil partnership

9

(1) Notice under section 88—

(a) may be submitted to the district registrar of a district specified for the purposes of this paragraph by regulations made by the Secretary of State, and

(b) may not be submitted to the district registrar of any other registration district.

(2) Before making any regulations under this paragraph the Secretary of State must consult the Registrar General.

Pre-condition for making entry in civil partnership notice book etc.

10

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) Where the district registrar to whom notice is submitted by virtue of paragraph 9(1) (here the “notified registrar”) is not the district registrar for the proposed place of registration (here the “second registrar”)—

(a) the notified registrar shall . . . send the notices and any fee, paid, or any certificate or declaration submitted, in pursuance of section 88 in relation to the proposed civil partnership, to the second registrar, and

(b) the second registrar shall be treated as having received the notices from the intended partners on the dates on which the notified registrar received them.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Supplementary

11

(1) Part 3 of this Act has effect in any case where this Part of this Schedule applies subject to any necessary modification.

(2) An expression used in this Part of this Schedule and in Part 3 of this Act has the same meaning as in that Part.

Part 4 — Northern Ireland

Application of this Part

12

This Part of this Schedule applies as mentioned in paragraph 1(2).

Procedure for giving civil partnership notices

13

(1) The civil partnership notices must be given—

(a) only to a prescribed registrar, and

(b) in prescribed cases by both parties together in person at a prescribed register office.

(2) Before making any regulations under this paragraph the Secretary of State must consult the Registrar General.

Accompanying statement as to the qualifying condition

14

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Civil partnership notice book and civil partnership schedule

15

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) If the prescribed registrar . . . is not the registrar for the purposes of section 140(1), the prescribed registrar must send him the civil partnership notices and he is to be treated as having received them when the prescribed registrar received them.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Supplementary

16

(1) Part 4 of this Act has effect in any case where this Part of this Schedule applies subject to any necessary modification.

(2) In particular, section 176 has effect as if the matters proof of which is not necessary in support of the civil partnership included compliance with this Part of this Schedule.

(3) In this Part of this Schedule—

(a) “prescribed” means prescribed by regulations made by the Secretary of State;

(b) “registrar” means a person appointed under section 152(1)(a) or (b) or (3);

(4) Section 18(3) of the Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.)) (provisions as to holders of offices) shall apply to this Part of this Schedule as if it were an enactment within the meaning of that Act.

Part 5 — Regulations

17

Any power to make regulations under this Schedule is exercisable by statutory instrument which is subject to annulment in pursuance of a resolution of either House of Parliament.

SCHEDULE 24

Part 1 — Amendments of the Child Support Act 1991 (c. 48)

1

In section 8 (role of the courts with respect to maintenance for children), after subsection (11)(e) insert—

(ea) Schedule 5, 6 or 7 to the Civil Partnership Act 2004; or

2

In section 15 (powers of inspectors), in subsection (7)—

(a) after “married” insert “ or is a civil partner ”, and

(b) after “spouse” insert “ or civil partner ”.

3

In section 55 (meaning of “child”), in subsection (2)—

(a) in paragraph (a), after “married” insert “ or a civil partner ”,

(b) in paragraph (b), after “marriage” insert “ , or been a party to a civil partnership, ”, and

(c) in paragraph (c), after “granted” insert “ or has been a party to a civil partnership in respect of which a nullity order has been made ”.

4

For paragraph 6(5)(b) (as originally enacted) of Schedule 1 (maintenance assessments) substitute—

(b) where the absent parent— (i) is living together in the same household with another adult of the opposite sex (regardless of whether or not they are married), (ii) is living together in the same household with another adult of the same sex who is his civil partner, or (iii) is living together in the same household with another adult of the same sex as if they were civil partners, income of that other adult,

5

After paragraph 6(5) (as originally enacted) of that Schedule insert—

(5A) For the purposes of this paragraph, two adults of the same sex are to be regarded as living together in the same household as if they were civil partners if, but only if, they would be regarded as living together as husband and wife were they instead two adults of the opposite sex.

6

In paragraph 10C of that Schedule (as substituted by section 1(3) of, and Schedule 1 to, the Child Support, Pensions and Social Security Act 2000 (c. 19)), for sub-paragraph (5) substitute—

(5) In sub-paragraph (4)(a), “couple” means— (a) a man and a woman who are married to each other and are members of the same household, (b) a man and a woman who are not married to each other but are living together as husband and wife, (c) two people of the same sex who are civil partners of each other and are members of the same household, or (d) two people of the same sex who are not civil partners of each other but are living together as if they were civil partners. (6) For the purposes of this paragraph, two people of the same sex are to be regarded as living together as if they were civil partners if, but only if, they would be regarded as living together as husband and wife were they instead two people of the opposite sex.

Part 2 — Amendments of the Child Support (Northern Ireland) Order 1991 (S.I. 1991/ 2628 (N.I. 23))

7

In Article 3 (meaning of “child”), in paragraph (2)—

(a) in sub-paragraph (a), after “married” insert “ or a civil partner ”,

(b) in sub-paragraph (b), after “marriage” insert “ , or been a party to a civil partnership, ”, and

(c) in sub-paragraph (c), after “granted” insert “ or has been a party to a civil partnership in respect of which a nullity order has been made ”.

8

In Article 10 (role of the courts with respect to maintenance for children), after paragraph (11)(d) insert—

(da) Schedule 15, 16 or 17 to the Civil Partnership Act 2004; or

9

In Article 17 (powers of inspectors), in paragraph (7)—

(a) after “married” insert “ or is a civil partner ”, and

(b) after “spouse” insert “ or civil partner ”.

10

For paragraph 6(5)(b) (as originally enacted) of Schedule 1 (maintenance assessments) substitute—

(b) where the absent parent— (i) is living together in the same household with another adult of the opposite sex (regardless of whether or not they are married), (ii) is living together in the same household with another adult of the same sex who is his civil partner, or (iii) is living together in the same household with another adult of the same sex as if they were civil partners, income of that other adult,

11

After paragraph 6(5) (as originally enacted) of that Schedule insert—

(5A) For the purposes of this paragraph, two adults of the same sex are to be regarded as living together in the same household as if they were civil partners if, but only if, they would be regarded as living together as husband and wife were they instead two adults of the opposite sex.

12

In paragraph 10C of that Schedule (as substituted by section 1(3) of, and Schedule 1 to, the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4 (N.I.))), for sub-paragraph (5) substitute—

(5) In sub-paragraph (4)(a), “couple” means— (a) a man and a woman who are married to each other and are members of the same household, (b) a man and a woman who are not married to each other but are living together as husband and wife, (c) two people of the same sex who are civil partners of each other and are members of the same household, or (d) two people of the same sex who are not civil partners of each other but are living together as if they were civil partners. (6) For the purposes of this paragraph, two people of the same sex are to be regarded as living together as if they were civil partners if, but only if, they would be regarded as living together as husband and wife were they instead two people of the opposite sex.

13

In section 20 (descriptions of contributory benefits), in subsection (1)(f)(ii), after “spouse” insert “ or civil partner ”.

14

In section 30A (incapacity benefit: entitlement), in subsection (2)(b)(ii), after “spouse” insert “ or deceased civil partner ”.

15

In section 30B (incapacity benefit: rate), in subsection (3)(a), after “people” insert “ or civil partners ”.

16

(1) Amend section 36 (bereavement payment) as follows.

(2) In subsection (1), after “spouse” (in each place) insert “ or civil partner ”.

(3) For subsection (2) substitute—

(2) A bereavement payment shall not be payable to a person if— (a) that person and a person of the opposite sex to whom that person was not married were living together as husband and wife at the time of the spouse’s or civil partner’s death, or (b) that person and a person of the same sex who was not his or her civil partner were living together as if they were civil partners at the time of the spouse’s or civil partner’s death.

17

In section 36A (cases in which sections 37 to 41 apply), in subsection (2), after “spouse” insert “ or civil partner ”.

18

(1) Amend section 37 (widowed mother’s allowance) as follows.

(2) In subsection (3), after “remarries” insert “ or forms a civil partnership ”.

(3) After subsection (4)(b) insert

or (c) for any period during which she and a woman who is not her civil partner are living together as if they were civil partners.

19

(1) Amend section 38 (widow’s pension) as follows.

(2) In subsection (2), after “remarries” insert “ or forms a civil partnership ”.

(3) After subsection (3)(c) insert

or (d) for any period during which she and a woman who is not her civil partner are living together as if they were civil partners.

20

(1) Amend section 39A (widowed parent’s allowance) as follows.

(2) After “spouse” (in each place other than subsections (2)(b) and (4)), insert “ or civil partner ”.

(3) After “spouse's” (in each place) insert “ or civil partner's ”.

(4) In subsection (2), after paragraph (b) insert

or (c) the surviving civil partner is a woman who— (i) was residing together with the deceased civil partner immediately before the time of the death, and (ii) is pregnant as the result of being artificially inseminated before that time with the semen of some person, or as a result of the placing in her before that time of an embryo, of an egg in the process of fertilisation, or of sperm and eggs.

(5) In subsection (4), after “remarries” insert “ or forms a civil partnership ”.

(6) After subsection (4) insert—

(4A) The surviving civil partner shall not be entitled to the allowance for any period after she or he forms a subsequent civil partnership or marries, but, subject to that, the surviving civil partner shall continue to be entitled to it for any period throughout which she or he— (a) satisfies the requirements of subsection (2)(a) or (b) above; and (b) is under pensionable age.

(7) After subsection (5)(b) insert

or (c) for any period during which the surviving spouse or civil partner and a person of the same sex who is not his or her civil partner are living together as if they were civil partners.

21

(1) Amend section 39B (bereavement allowance where no dependent children) as follows.

(2) After “spouse” (in each place) other than subsection (4), insert “ or civil partner ”.

(3) After “spouse's” (in each place) insert “ or civil partner's ”.

(4) In subsection (4), after “remarries” insert “ or forms a civil partnership ”.

(5) After subsection (4) insert—

(4A) The surviving civil partner shall not be entitled to the allowance for any period after she or he forms a subsequent civil partnership or marries, but, subject to that, the surviving civil partner shall continue to be entitled to it until— (a) she or he attains pensionable age, or (b) the period of 52 weeks mentioned in subsection (3) above expires, whichever happens first.

(6) After subsection (5)(b) insert

or (c) for any period during which the surviving spouse or civil partner and a person of the same sex who is not his or her civil partner are living together as if they were civil partners.

22

In section 39C (rate of widowed parent’s allowance and bereavement allowance)—

(a) after “spouse” (in each place) insert “ or civil partner ”, and

(b) in subsection (5), after “spouse's” insert “ or civil partner's ”.

23

In section 46 (modifications of section 45 for calculating the additional pension in certain benefits)—

(a) after “under pensionable age”, in subsection (2), insert “ or by virtue of section 39C(1) above or section 48A(4), 48B(2) or 48BB(5) below in a case where the deceased civil partner died under pensionable age ”,

(b) after “spouse”, in paragraph (b)(i) of the definition of “N” in subsection (2), insert “ or civil partner ”, and

24

(1) Amend section 48 (use of former spouse’s contributions) as follows.

(2) In subsection (1)—

(a) for “married” substitute “ in a relevant relationship ”,

(b) for “marriage” substitute “ relationship ”, and

(3) In subsection (2), for “marriage” substitute “ relevant relationship ”.

(4) For subsection (3) substitute—

(3) Where a person has been in a relevant relationship more than once, this section applies only to the last relevant relationship and the references to his relevant relationship and his former spouse or civil partner shall be construed accordingly. (4) In this section, “relevant relationship” means a marriage or civil partnership.

25

(1) Amend section 48A (category B retirement pension for married person) as follows.

(2) After subsection (2) insert—

(2A) A person who— (a) has attained pensionable age, and (b) on attaining that age was a civil partner or forms a civil partnership after attaining that age, shall be entitled to a Category B retirement pension by virtue of the contributions of the other party to the civil partnership (“the contributing civil partner”) if the following requirement is met. (2B) The requirement is that the contributing civil partner— (a) has attained pensionable age and become entitled to a Category A retirement pension, and (b) satisfies the conditions specified in Schedule 3, Part 1, paragraph 5.

(3) In subsections (3) and (4), after “spouse” insert “ or contributing civil partner ”.

(4) In subsection (4A), for “widow or widower” substitute “ widow, widower or surviving civil partner ”.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

26

(1) Amend section 48B (category B retirement pension for widows and widowers) as follows.

(2) After subsection (1) insert—

(1A) A person (“the pensioner”) who attains pensionable age on or after 6th April 2010 and whose civil partner died— (a) while they were civil partners of each other, and (b) after the pensioner attained pensionable age, shall be entitled to a Category B retirement pension by virtue of the contributions of the civil partner if the civil partner satisfied the conditions specified in Schedule 3, Part 1, paragraph 5.

(3) In subsection (2), after “subsection (1)” insert “ or (1A) ”.

(4) In subsection (3), after “spouse” (in each place) insert “ or civil partner ”.

27

(1) Amend section 48BB (category B retirement pension: entitlement by reference to benefits under section 39A or 39B) as follows.

(2) After “spouse” (in each place) insert “ or civil partner ”.

(3) After “spouse's” (in each place) insert “ or civil partner's ”.

(4) In subsections (1)(b) and (3)(b), for “remarried” substitute “ following that death married or formed a civil partnership ”.

28

(1) Amend section 51 (category B retirement pension for widowers) as follows.

(2) After subsection (1) insert—

(1A) A civil partner shall be entitled to a Category B retirement pension if— (a) his or her civil partner has died and they were civil partners of each other at the time of that death, (b) they were both over pensionable age at the time of that death, and (c) before that death the deceased civil partner satisfied the contribution conditions for a Category A retirement pension in Schedule 3, Part 1, paragraph 5.

(3) In subsection (2)—

(a) for “man's” substitute “ person's ”, and

(b) after “wife” insert “ or deceased civil partner ”.

(4) In subsection (3), after “2002” insert “ or a surviving civil partner ”.

(5) In subsection (4)—

(a) for “man” substitute “ person ”, and

(b) after “pension” insert “ under this section ”.

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

29

In section 51A (special provision for married people), in subsection (1)—

(a) after “person” insert “ or civil partner ”, and

(b) after “marriage” insert “ or civil partnership ”.

30

In section 52 (special provision for surviving spouses), in subsection (1), after “spouse” insert “ or civil partner ”.

31

In section 60 (complete or partial failure to satisfy contributions conditions), in subsection (2)—

(a) after “married” insert “ or a civil partner ”, and

(b) for “widow or widower” substitute “ widow, widower or surviving civil partner ”.

32

In section 61A (contributions paid in error), in subsection (3)—

(a) after “spouse” insert “ or civil partner ”, and

(b) in paragraph (b), for “widows or widowers” substitute “ widows, widowers or surviving civil partners ”.

33

In section 62 (graduated retirement benefit), after subsection (1)(aa) insert—

(ab) for extending section 37 of that Act (increase of woman’s retirement pension by reference to her late husband’s graduated retirement benefit) to civil partners and their late civil partners and for that section (except subsection (5)) so to apply as it applies to women and their late husbands;

34

In section 77 (guardian’s allowance)—

(a) in subsection (6)(a)(ii), after “spouses” insert “ or civil partners ”, and

(b) in subsection (8)(a), after “divorce” insert “ or the civil partnership of the child’s parents has been dissolved ”.

35

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

36

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

37

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

38

In section 113 (general provisions as to disqualification and suspension), in subsection (1), for “wife or husband,” substitute “ wife, husband or civil partner, ”.

39

In section 114 (persons maintaining dependants etc.)—

(a) in subsection (2), for “wife” substitute “ wife, civil partner ”, and

(b) in subsection (3)(a), after “spouse” insert “ or civil partner ”.

40

After subsection (1)(a) of section 121 (treatment of certain marriages) insert—

(aa) for a voidable civil partnership which has been annulled, whether before or after the date when the regulations come into force, to be treated for the purposes of the provisions to which this subsection applies as if it had been a valid civil partnership which was dissolved at the date of annulment;

41

(1) Amend section 122 (interpretation of Parts 1 to 6 and supplementary provisions) as follows.

(2) In subsection (1), in the definition of “relative” after “by marriage” insert “ or civil partnership ”.

(3) After subsection (1) insert—

(1A) For the purposes of Parts 1 to 5 and this Part of this Act, two people of the same sex are to be regarded as living together as if they were civil partners if, but only if, they would be regarded as living together as husband and wife were they instead two people of the opposite sex.

42

In section 124 (income support), in subsection (1)(c), (f) and (g), for “married or unmarried couple” substitute “ couple ”.

43

In section 126 (trade disputes), in subsection (3)(b), (c) and (d), for “married or unmarried couple” substitute “ couple ”.

44

In section 127 (effect of return to work), for “married or unmarried couple” (in each place) substitute “ couple ”.

45

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