The Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019

PART 9 N.I. Amendments: Other Primary Legislation

Criminal Justice Act (Northern Ireland) 1945 N.I.

124.  In section 37 of the Criminal Justice Act (Northern Ireland) 1945(1) (replacement of presumption of marital coercion with a statutory defence thereof)—

(a) for “wife”, in the second place it occurs, substitute “spouse or civil partner”;

(b) for “husband”, in the third place it occurs, substitute “other spouse or civil partner”.

Commencement Information

I1 Reg. 124 in force at 13.1.2020, see reg. 1(2)

Age of Marriage Act (Northern Ireland) 1951 N.I.

125.—(1) In section 1(1) of the Age of Marriage Act (Northern Ireland) 1951(2) (marriage void if either party under 16), omit the proviso (defence, to certain sexual offences, where defendant has reasonable cause to believe girl against whom offence committed was defendant’s wife).

(2) The amendment made by paragraph (1) applies only in relation to offences committed on or after 13th January 2020.

Commencement Information

I2 Reg. 125 in force at 13.1.2020, see reg. 1(2)

Administration of Estates Act (Northern Ireland) 1955 N.I.

126.—(1) Section 7 of the Administration of Estates Act (Northern Ireland) 1955(3) (rights of surviving spouse or civil partner) is amended as follows.

(2) In subsection (7)(4)—

(a) omit “, or Article 20(2) of the Matrimonial Causes (Northern Ireland) Order 1978,”;

(b) after “2004” insert “, or of Article 20(2) of the Matrimonial Causes (Northern Ireland) Order 1978”.

(3) The amendments made by paragraph (2) apply only in relation to decrees of judicial separation granted in respect of marriages that are entered into on or after 13th January 2020.

Commencement Information

I3 Reg. 126 in force at 13.1.2020, see reg. 1(2)

King George VI Memorial Youth Council Act (Northern Ireland) 1957 N.I.

127.—(1) The First Schedule to the King George VI Memorial Youth Council Act (Northern Ireland) 1957(5) is amended as follows.

(2) In paragraph 23 (superannuation), for “wives, widows”, in both places it occurs, substitute “spouses, surviving spouses, civil partners, surviving civil partners”.

Commencement Information

I4 Reg. 127 in force at 13.1.2020, see reg. 1(2)

Land Registration Act (Northern Ireland) 1970 N.I.

128.  In section 82(3) of the Land Registration Act (Northern Ireland) 1970(6), for “husband or wife” substitute “spouse or civil partner”.

Commencement Information

I5 Reg. 128 in force at 13.1.2020, see reg. 1(2)

Civil Evidence Act (Northern Ireland) 1971 N.I.

129.—(1) The Civil Evidence Act (Northern Ireland) 1971(7) is amended as follows.

(2) In section 10(3) and (4)(8), for “husband or wife” substitute “spouse or civil partner”.

(3) In section 14(2), in the words after the definition of “legal proceedings”—

(a) for “husband or wife” substitute “spouse or civil partner”;

(b) after “married to” insert “, or the civil partner of,”.

Commencement Information

I6 Reg. 129 in force at 13.1.2020, see reg. 1(2)

Housing on Farms Act (Northern Ireland) 1972 N.I.

130.  In section 16 of the Housing on Farms Act (Northern Ireland) 1972(9), in the definition of “family”, after “or marriage” insert “or civil partnership”.

Commencement Information

I7 Reg. 130 in force at 13.1.2020, see reg. 1(2)

Land Acquisition and Compensation (Northern Ireland) Order 1973 N.I.

131.  In Article 47(6)(a)(ii) of the Land Acquisition and Compensation (Northern Ireland) Order 1973(10), after “spouse” insert “or civil partner”.

Commencement Information

I8 Reg. 131 in force at 13.1.2020, see reg. 1(2)

Solicitors (Northern Ireland) Order 1976 N.I.

132.  In Article 28(2)(b) of the Solicitors (Northern Ireland) Order 1976(11), for “widow” substitute “surviving spouse or civil partner”.

Commencement Information

I9 Reg. 132 in force at 13.1.2020, see reg. 1(2)

Sex Discrimination (Northern Ireland) Order 1976 N.I.

F1 133.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Reg. 133 omitted (1.9.2020) by virtue of The Marriage and Civil Partnership (Northern Ireland) Regulations 2020 (S.I. 2020/742), regs. 1(2), 14(3)

Fatal Accidents (Northern Ireland) Order 1977 N.I.

134.  In Article 5(3) of the Fatal Accidents (Northern Ireland) Order 1977(12) (disregard of certain post-death benefits accruing to widows)—

(a) for “widow”, in both places it occurs, substitute “surviving spouse”,

(b) for “her husband”, substitute “that person’s spouse”, and

(c) for “her”, in the second place it occurs, substitute “the surviving spouse’s”.

Commencement Information

I10 Reg. 134 in force at 13.1.2020, see reg. 1(2)

Rates (Northern Ireland) Order 1977 N.I.

135.—(1) The Rates (Northern Ireland) Order 1977(13) is amended as follows.

(2) In Article 29A(14)—

(a) in paragraph (9), for the words from “if—” to the end substitute “if the two persons are married to, or civil partners of, each other, or are living together as if spouses of each other.”;

(b) omit paragraph (10).

(3) In Article 31AA(6)(a)(15), after “marriage” insert “or civil partnership”.

Commencement Information

I11 Reg. 135 in force at 13.1.2020, see reg. 1(2)

Rent (Northern Ireland) Order 1978 N.I.

136.  In Schedule 4 to the Rent (Northern Ireland) Order 1978(16), in each of the following provisions, for “widow” substitute “surviving spouse or civil partner”—

(a) in Case 14, paragraph (a);

(b) in Case 15, paragraphs (a) and (d);

(c) in Case 16, paragraph (1)(a) and (b)(i) and (ii).

Commencement Information

I12 Reg. 136 in force at 13.1.2020, see reg. 1(2)

Inheritance (Provision for Family and Dependants) (Northern Ireland) Order 1979 N.I.

137.—(1) Article 4 of the Inheritance (Provision for Family and Dependants) (Northern Ireland) Order 1979(17) (powers of court to make orders) is amended as follows.

(2) In paragraph (5)(a), for the words from “either” to “jointly” substitute—

“—

(i) issue of the deceased and the surviving spouse,

(ii) children adopted by the deceased and the surviving spouse jointly,

(iii) issue of the deceased and adopted by the surviving spouse, or

(iv) adopted by the deceased and the issue of the surviving spouse”.

(3) After paragraph (5) insert—

“(6) Where—

(a) the deceased is survived by a civil partner (“the surviving civil partner”) and is also survived by children who are—

(i) issue of the deceased and the surviving civil partner,

(ii) children adopted by the deceased and the surviving civil partner jointly,

(iii) issue of the deceased and adopted by the surviving civil partner, or

(iv) adopted by the deceased and the issue of the surviving civil partner; and

(b) the surviving civil partner becomes entitled under the deceased’s will or the law relating to intestacy, or a combination of the deceased’s will and that law, to the net estate of the deceased or to an interest in the estate which amounts to a reasonable financial provision for both the surviving civil partner and the children,

the court shall not make an order under this Article on the application of any of the children who is a minor.”

(4) The amendments made by paragraphs (2) and (3) apply only in relation to deaths occurring on or after 13th January 2020.

Commencement Information

I13 Reg. 137 in force at 13.1.2020, see reg. 1(2)

Domestic Proceedings (Northern Ireland) Order 1980 N.I.

138.  In Article 2(2) of the Domestic Proceedings (Northern Ireland) Order 1980(18), in the definition of “child”, for the words from “includes” to the end substitute “is to be construed in accordance with Article 155(1) of the Children (Northern Ireland) Order 1995(19)”.

Commencement Information

I14 Reg. 138 in force at 13.1.2020, see reg. 1(2)

Judgments Enforcement (Northern Ireland) Order 1981 N.I.

139.  In paragraph 3(c)(ii) of Schedule 1 to the Judgments Enforcement (Northern Ireland) Order 1981(20) (amounts deductible for purposes of a superannuation scheme are deductible in calculating “attachable earnings”), for “widows,” substitute “surviving spouses, surviving civil partners,”.

Commencement Information

I15 Reg. 139 in force at 13.1.2020, see reg. 1(2)

Mental Health (Northern Ireland) Order 1986 N.I.

140.—(1) The Mental Health (Northern Ireland) Order 1986(21) is amended as follows.

(2) In Article 32 (definition of “nearest relative”)—

(a) in paragraph (1)(a), after “spouse” insert “or civil partner”;

(b) in paragraph (4)—

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

(ii) in sub-paragraph (c), after “spouse” insert “, civil partner”;

(c) in each of paragraphs (5) and (6)(b)—

(i) after “married patient” insert “or a patient who has a civil partner”;

(ii) after “unless the spouse” insert “or civil partner”.

(3) In Article 33 (children and young persons in care), for “husband or wife” substitute “spouse or civil partner”.

Commencement Information

I16 Reg. 140 in force at 13.1.2020, see reg. 1(2)

Agriculture and Fisheries (Financial Assistance) (Northern Ireland) Order 1987 N.I.

141.—(1) Article 10 of the Agriculture and Fisheries (Financial Assistance) (Northern Ireland) Order 1987(22) (grants for individuals relinquishing occupation of uncommercial units) is amended as follows.

(2) In paragraph (2)(c), after “husband” insert “or civil partner”.

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

(4) In paragraph (6)(a)(ii), after “spouse” insert “or civil partner”.

Commencement Information

I17 Reg. 141 in force at 13.1.2020, see reg. 1(2)

Public Order (Northern Ireland) Order 1987 N.I.

142.  In Article 8 of the Public Order (Northern Ireland) Order 1987(23) (meaning of “fear” and “hatred”)—

(a) the existing text becomes paragraph (1),

(b) after that paragraph insert—

“(2) For the purposes of this Part, any discussion or criticism of marriage which concerns the sex of the parties to marriage is not to be taken of itself to be—

(a) threatening, abusive or insulting, or

(b) intended to stir up hatred or arouse fear.”, and

(c) in the heading, at the end insert “etc.”.

Commencement Information

I18 Reg. 142 in force at 13.1.2020, see reg. 1(2)

Employment Rights (Northern Ireland) Order 1996 N.I.

143.  In the Employment Rights (Northern Ireland) Order 1996(24) in each of the following provisions, for “husband” substitute “spouse”—

(a) Article 85ZE(7)(a);

(b) Article 85ZG(7)(a)(25).

Commencement Information

I19 Reg. 143 in force at 13.1.2020, see reg. 1(2)

Employment (Northern Ireland) Order 2002 N.I.

144.  In Article 11 of the Employment (Northern Ireland) Order 2002(26) (power to require information) in paragraph (2)(b), for “spouse or” substitute “spouse, civil partner or other”.

Commencement Information

I20 Reg. 144 in force at 13.1.2020, see reg. 1(2)

Housing (Northern Ireland) Order 2003 N.I.

145.—(1) The Housing (Northern Ireland) Order 2003(27) is amended as follows.

(2) In Article 14(2) (cases where the beneficiary of an order for the transfer of property on the end of a marriage or civil partnership may succeed to a tenancy), after “marriage” insert “or civil partnership”.

(3) In Article 61(6) (renovation or disabled facilities grant applications: financial position of the applicant’s spouse or dependent or a person living, or intending to live, with the applicant), after “spouse” insert “or civil partner”.

(4) In Article 85(2)(a)(ii) (conditions for obtaining certain grants: disposals to spouse or former spouse to be an exempt disposal), after “spouse”, in each place it occurs, insert “or civil partner”.

Commencement Information

I21 Reg. 145 in force at 13.1.2020, see reg. 1(2)

Charities Act (Northern Ireland) 2008 N.I.

146.—(1) Schedule 5 to the Charities Act (Northern Ireland) 2008(28) (meaning of “connected persons” for purposes of section 57(2)) is amended as follows.

(2) In paragraph 2—

(a) in sub-paragraph (2), for “husband or wife” substitute “spouse”.

(b) omit sub-paragraph (3).

Commencement Information

I22 Reg. 146 in force at 13.1.2020, see reg. 1(2)

Presumption of Death Act (Northern Ireland) 2009 N.I.

147.  In section 1(2) of the Presumption of Death Act (Northern Ireland) 2009(29) (jurisdiction of the court to entertain proceedings for a declaration that a person is presumed to be dead), before the “or” at the end of paragraph (b) insert—

“(ba) the applicant and the missing person—

(i) are of the same sex and married each other under the law of Northern Ireland, or

(ii) registered as civil partners of each other under the law of Northern Ireland,

and it appears to the court to be in the interests of justice to assume jurisdiction in the case;”.

Commencement Information

I23 Reg. 147 in force at 13.1.2020, see reg. 1(2)

Houses in Multiple Occupation Act (Northern Ireland) 2016 N.I.

148.  In section 88(3)(a) of the Houses in Multiple Occupation Act (Northern Ireland) 2016(30) (definition of “couple” to include same sex couples who live together in a relationship equivalent to marriage), for the words after “who live together as” substitute “if spouses of each other”.

Commencement Information

I24 Reg. 148 in force at 13.1.2020, see reg. 1(2)

(1)

1945 c. 15.

(2)

1951 c.25 (N.I.).

(3)

1955 c.24 (N.I.).

(4)

Subsection (7) was amended by paragraph 5 of Schedule 4 to the Matrimonial Causes (Northern Ireland) Order 1978 (S.I. 1978/1045 (N.I.15)).

(5)

1957 c.23 (N.I.).

(6)

1970 c. 18 (N.I.)

(7)

1971 c. 36.

(8)

Section 10 was amended by the Civil Partnership Act 2004.

(9)

1972 c.3 (N.I.).

(10)

S.I. 1973/1896 (N.I. 21). Article 47 was repealed for certain purposes by S.I. 1982/712 (N.I. 9), Article 23, Schedules 1 and 3.

(11)

S.I. 1976/582 (N.I. 12). Article 28 was amended by S.I. 1984/703 (N.I. 3), S.I. 1989/1343 (N.I. 14).

(12)

S.I. 1977/1251 (N.I. 18); Article 5(3) is amended by the Administration of Justice Act 1982 (c.53).

(13)

S.I. 1977/2157 (N.I. 28).

(14)

Article 29A was inserted by S.I. 2006/2954 (N.I. 18) and substituted by the Rates (Amendment) Act (Northern Ireland) 2009 (c. 8)), section 5.

(15)

Article 31AA was inserted by S.I. 2006/2954 (N.I. 18), Article 24.

(16)

S.I. 1978/1050 (N.I. 20).

(17)

S.I. 1979/924 (N.I.8).

(18)

S.I. 1980/563 (N.I. 5). Article 2(2) was amended by S.I. 1995/755 (N.I. 2); there are other amendments not relevant to this instrument.

(19)

S.I. 1995/755 (N.I. 2).

(20)

S.I. 1981/226 (N.I. 6).

(21)

1986/595 (N.I. 4), as amended by paragraph 67 of Schedule 29 to the Civil Partnership Act 2004.

(22)

S.I. 1987/166 (N.I.1).

(23)

S.I. 1987/463 (N.I. 7). Article 8 was amended by section 38 of the Anti-terrorism, Crime and Security Act 2001 (c.24) and by S.I. 2004/1991 (N.I. 15).

(24)

S.I. 1996/1919 (N.I. 16)

(25)

Articles 85ZE and 85ZG were inserted by section 15(2) of the Work and Families Act (Northern Ireland) 2015 (c.1 (N.I.)).

(26)

S.I. 2002/2836 (N.I. 2)

(27)

S.I. 2003/412 (N.I. 2). In Article 14(2), sub-paragraph (d) was inserted by paragraph 13 of Schedule 18 to the Civil Partnership Act 2004.

(28)

2008 c.12 (N.I.).

(29)

2009 c.6 (N.I.).

(30)

2016 c.22 (N.I.).