Civil Partnership Act 2004

Part 1Introduction

1Civil partnership

Part 2Civil partnership: England and Wales

Chapter 1Registration

Formation, eligibility and parental etc. consent

2Formation of civil partnership by registration

4Parental etc. consent where proposed civil partner under 18

Registration procedure: general

5Types of pre-registration procedure

6Place of registration

6APower to approve premises

7The civil partnership document

The standard procedure

8Notice of proposed civil partnership and declaration

9Power to require evidence of name etc.

10Proposed civil partnership to be publicised

11Meaning of “the waiting period”

12Power to shorten the waiting period

13Objection to proposed civil partnership

14Issue of civil partnership schedule

15Appeal against refusal to issue civil partnership schedule

16Frivolous objections and representations: liability for costs etc.

17Period during which registration may take place

The procedures for house-bound and detained persons

18House-bound persons

19Detained persons

Modified procedures for certain non-residents

20Modified procedures for certain non-residents

The special procedure

21Notice of proposed civil partnership

22Evidence to be produced

23Application to be reported to Registrar General

24Objection to issue of Registrar General’s licence

25Issue of Registrar General’s licence

26Frivolous objections: liability for costs

27Period during which registration may take place

Supplementary

28Registration authorities

29Civil partnership registrars

30The Registrar General and the register

31Offences relating to civil partnership schedule

32Offences relating to Registrar General’s licence

33Offences relating to the recording of civil partnerships

35Power to assimilate provisions relating to civil registration

36Regulations and orders

Chapter 2Dissolution, nullity and other proceedings

37Powers to make orders and effect of orders

38The period before conditional orders may be made final

39Intervention of the Queen’s Proctor

40Proceedings before order has been made final

41Time bar on applications for dissolution orders

42Attempts at reconciliation of civil partners

43Consideration by the court of certain agreements or arrangements

Dissolution of civil partnership

44Dissolution of civil partnership which has broken down irretrievably

45Supplemental provisions as to facts raising presumption of breakdown

46Dissolution order not precluded by previous separation order etc.

47Refusal of dissolution in 5 year separation cases on ground of grave hardship

48Proceedings before order made final: protection for respondent in separation cases

49Grounds on which civil partnership is void

50Grounds on which civil partnership is voidable

51Bars to relief where civil partnership is voidable

52Proof of certain matters not necessary to validity of civil partnership

53Power to validate civil partnership

54Validity of civil partnerships registered outside England and Wales

Presumption of death orders

55Presumption of death orders

Separation orders

56Separation orders

57Effect of separation order

59General provisions as to making and effect of declarations

60The Attorney General and proceedings for declarations

61Supplementary provisions as to declarations

General provisions

62Relief for respondent in dissolution proceedings

63Restrictions on making of orders affecting children

64Parties to proceedings under this Chapter

Chapter 3Property and financial arrangements

65Contribution by civil partner to property improvement

66Disputes between civil partners about property

67Applications under section 66 where property not in possession etc.

68Applications under section 66 by former civil partners

69Actions in tort between civil partners

70Assurance policy by civil partner for benefit of other civil partner etc.

70AMoney and property derived from housekeeping allowance

71Wills, administration of estates and family provision

72Financial relief for civil partners and children of family

Chapter 4Civil partnership agreements

73Civil partnership agreements unenforceable

74Property where civil partnership agreement is terminated

Chapter 5Children

75Parental responsibility, children of the family and relatives

77Entitlement to apply for residence or contact order

78Financial provision for children

Chapter 6Miscellaneous

80False statements etc. with reference to civil partnerships

81Housing and tenancies

82Family homes and domestic violence

83Fatal accidents claims

Part 3Civil partnership: Scotland

Chapter 1Formation and eligibility

85Formation of civil partnership by registration

Chapter 2Registration

87Appointment of authorised registrars

88Notice of proposed civil partnership

89Civil partnership notice book

90Publicisation

91Early registration

92Objections to registration

93Place of registration

94The civil partnership schedule

95Further provision as to registration

95AValidity following entry in civil partnership register

96Civil partnership with former spouse

97Certificates of no impediment for Part 2 purposes

98Application of certain sections of 1965 Act to civil partnership register

99Correction of errors in civil partnership register

Chapter 3Occupancy rights and tenancies

Occupancy rights

101Occupancy rights

102Occupancy: subsidiary and consequential rights

103Regulation by court of rights of occupancy of family home

104Exclusion orders

105Duration of orders under sections 103 and 104

106Continued exercise of occupancy rights after dealing

107Dispensation with civil partner’s consent to dealing

108Interests of heritable creditors

109Provisions where both civil partners have title

110Rights of occupancy in relation to division and sale

111Adjudication

111AEffect of court action under section 103, 104 or 105 on reckoning of periods in sections 101 and 106

Transfer of tenancy

112Transfer of tenancy

Chapter 4Interdicts

113Civil partners: competency of interdict

114Attachment of powers of arrest to relevant interdicts

115Police powers after arrest

116Procedure after arrest

Chapter 5Dissolution, separation and nullity

Dissolution and separation

118Encouragement of reconciliation

119Effect of resumption of cohabitation

121Dissolution following on decree of separation

122Registration of dissolution of civil partnership

124Validity of civil partnerships registered outside Scotland

Special destinations: revocation on dissolution or annulment

124ASpecial destination: revocation on dissolution or annulment

Financial provision after overseas proceedings

125Financial provision after overseas dissolution or annulment

Chapter 6Miscellaneous and interpretation

Miscellaneous

128Promise or agreement to enter into civil partnership

129Lord Advocate as party to action for nullity or dissolution of civil partnership

130Civil partner of accused a competent witness

131Succession: legal rights arising by virtue of civil partnership

132Assurance policies

133Council Tax: liability of civil partners

134General provisions as to fees

Interpretation

135Interpretation of this Part

136The expression “relative” in the 1965 Act

Part 4Civil partnership: Northern Ireland

Chapter 1Registration

Formation and eligibility

137Formation of civil partnership by registration

Preliminaries to registration

139Notice of proposed civil partnership

140Civil partnership notice book and list of intended civil partnerships

141Power to require evidence of name etc.

143Civil partnership schedule

144Place of registration

Young persons

145Parental etc. consent where proposed civil partner under 18

Supplementary

146Validity of registration

147Corrections and cancellations

148Interpreters

149Detained persons

150Certificates of no impediment for Part 2 purposes

151Registration districts and registration authorities

152Registrars and other staff

153Records and documents to be sent to Registrar General

154Annual report

155ANotification of registration

156Proof of civil partnership for purposes of certain statutory provisions

160Interpretation

Chapter 2Dissolution, nullity and other proceedings

161Powers to make orders and effect of orders

162The period before conditional orders may be made final

163Intervention by the Crown Solicitor

164Proceedings before order has been made final

165Time bar on applications for dissolution orders

166Attempts at reconciliation of civil partners

167Consideration by the court of certain agreements or arrangements

Dissolution of civil partnership

168Dissolution of civil partnership which has broken down irretrievably

169Supplemental provisions as to facts raising presumption of breakdown

170Dissolution order not precluded by previous separation order etc.

171Refusal of dissolution in 5 year separation cases on ground of grave hardship

172Proceedings before order made final: protection for respondent in separation cases

173Grounds on which civil partnership is void

174Grounds on which civil partnership is voidable

175Bars to relief where civil partnership is voidable

176Proof of certain matters not necessary to validity of civil partnership

177Validity of civil partnerships registered outside Northern Ireland

Presumption of death orders

178Presumption of death orders

Separation orders

179Separation orders

180Effect of separation order

181Declarations

182General provisions as to making and effect of declarations

183The Attorney General and proceedings for declarations

184Supplementary provisions as to declarations

General provisions

185Relief for respondent in dissolution proceedings

186Restrictions on making of orders affecting children

187Parties to proceedings under this Chapter

190Transfer of proceedings

Chapter 3Property and financial arrangements

191Disputes between civil partners about property

192Applications under section 191 where property not in possession etc.

193Applications under section 191 by former civil partners

194Assurance policy by civil partner for benefit of other civil partner etc.

195Wills, administration of estates and family provision

196Financial relief for civil partners and children of family

Chapter 4Civil partnership agreements

197Civil partnership agreements unenforceable

198Property where civil partnership agreement is terminated

Chapter 5Children

199Parental responsibility, children of the family and relatives

200Guardianship

201Entitlement to apply for residence or contact order

202Financial provision for children

Chapter 6Miscellaneous

204False statements etc. with reference to civil partnerships

205Housing and tenancies

206Family homes and domestic violence

207Fatal accidents claims

209Restriction on publicity of reports of proceedings

Part 5Civil partnership formed or dissolved abroad etc.

Chapter 1Registration outside UK under Order in Council

210Registration at British consulates etc.

211Registration by armed forces personnel

Chapter 2Overseas relationships treated as civil partnerships

212Meaning of “overseas relationship”

213Specified relationships

214The general conditions

215Overseas relationships treated as civil partnerships: the general rule

216The same-sex requirement

217Person domiciled in a part of the United Kingdom

218The public policy exception

Chapter 3Dissolution etc.: jurisdiction and recognition

219Power to make provision corresponding to EC Regulation 2201/2003

Jurisdiction of courts in England and Wales

220Meaning of “the court”

221Proceedings for dissolution, separation or nullity order

222Proceedings for presumption of death order

223Proceedings for dissolution, nullity or separation order: supplementary

224Applications for declarations as to validity etc.

Jurisdiction of Scottish courts

225Jurisdiction of Scottish courts

226Sisting of proceedings

227Scottish ancillary and collateral orders

Jurisdiction of courts in Northern Ireland

228Meaning of “the court”

229Proceedings for dissolution, separation or nullity order

230Proceedings for presumption of death order

231Proceedings for dissolution, nullity or separation order: supplementary

232Applications for declarations as to validity etc.

Recognition of dissolution, annulment and separation

233Effect of dissolution, annulment or separation obtained in the UK

234Recognition in the UK of overseas dissolution, annulment or separation

235Grounds for recognition

236Refusal of recognition

237Supplementary provisions relating to recognition of dissolution etc.

238Non-recognition elsewhere of dissolution or annulment

Chapter 4Miscellaneous and supplementary

239Commanding officers' certificates for Part 2 purposes

240Certificates of no impediment to overseas relationships

241Transmission of certificates of registration of overseas relationships

242Power to make provision relating to certain Commonwealth forces

244Orders in Council: supplementary

245Interpretation

Part 6Relationships arising through civil partnership

246Interpretation of statutory references to stepchildren etc.

247Provisions to which section 246 applies: Acts of Parliament etc.

248Provisions to which section 246 applies: Northern Ireland

Part 7Miscellaneous

249Immigration control and formation of civil partnerships

250Gender recognition where applicant a civil partner

251Discrimination against civil partners in employment field

252Discrimination against civil partners in employment field: Northern Ireland

253Civil partners to have unlimited insurable interest in each other

254Social security, child support and tax credits

255Power to amend enactments relating to pensions

256Amendment of certain enactments relating to pensions

257Amendment of certain enactments relating to the armed forces

Part 8Supplementary

258Regulations and orders

259Power to make further provision in connection with civil partnership

260Community obligations and civil partners

261Minor and consequential amendments, repeals and revocations

263Commencement

SCHEDULE 1Prohibited degrees of relationship: England and Wales

Part 1The prohibitions

Absolute prohibitions

1(1) Two people are within prohibited degrees of relationship if...

Qualified prohibitions

2(1) Two people are within prohibited degrees of relationship if...

3Two people are within prohibited degrees of relationship if one...

Part 2Special provisions relating to qualified prohibitions

Provisions relating to paragraph 2

4Paragraphs 5 to 7 apply where two people are subject...

5(1) The fact that a notice of proposed civil partnership...

6(1) Sub-paragraph (2) applies if— (a) a registration authority receives...

7(1) Either of the proposed civil partners may apply to...

8Section 13 (objection to proposed civil partnership) does not apply...

Provisions relating to paragraph 3

9(1) This paragraph applies where two people are subject to...

SCHEDULE 2Civil partnerships of persons under 18: England and Wales

Part 1Appropriate persons

1Column 2 of the table specifies the appropriate persons (or...

2In the table— “the 1989 Act” means the Children Act...

Part 2Obtaining consent: general

Consent of appropriate person unobtainable

3(1) This paragraph applies if— (a) a child and another...

Consent of appropriate person refused

4(1) This paragraph applies if— (a) a child and another...

5If one of the proposed civil partners is a child...

Forbidding proposed civil partnership

6(1) This paragraph applies if it has been recorded in...

7(1) This paragraph applies if, for the purpose of obtaining...

Issue of civil partnership schedule

8The duty in section 14(1) to issue a civil partnership...

9If a proposed civil partnership is between a child and...

Part 3Obtaining consent: special procedure

Consent of appropriate person unobtainable or refused

10(1) Sub-paragraph (2) applies if— (a) a child and another...

11If one of the proposed civil partners is a child...

Forbidding proposed civil partnership

12Paragraph 6 applies in relation to the special procedure as...

13(1) This paragraph applies— (a) if a child and another...

Issue of Registrar General’s licence

14The duty of the Registrar General under section 25(3)(b) to...

Part 4Provisions relating to the court

15(1) For the purposes of Parts 2 and 3 of...

SCHEDULE 3Registration by former spouses one of whom has changed sex

Application of Schedule

1This Schedule applies if— (a) a court—

The relevant period

2For the purposes of this Schedule the relevant period is...

Modifications of standard procedure and procedures for house-bound and detained persons

3If— (a) each of the parties gives a notice of...

4(1) Omit— (a) section 10 (proposed civil partnership to be...

5In section 18 (house-bound persons), in subsection (3)—

6In section 19 (detained persons), in subsection (3)—

Modified procedures for certain non-residents

7(1) Sub-paragraphs (5) to (8) apply (in place of section...

SCHEDULE 4Wills, administration of estates and family provision

1Amend the Wills Act 1837 (c. 26) as follows.

2After section 18A insert— Will to be revoked by civil...

3The following provisions— (a) section 15 of the Wills Act...

4In section 16 of the 1837 Act, after “wife or...

5Except where a contrary intention is shown, it is presumed...

Part 2Administration of estates and family provision

Public Trustee Act 1906 (c. 55)

6In section 6(1), after “widower, widow” (in both places) insert...

Administration of Estates Act 1925 (c. 23)

7In section 46 (succession to real and personal estate on...

8(1) Amend section 47(1) (meaning of “the statutory trusts”) as...

9In section 47A, in subsection (1) and in the proviso...

10In section 48(2), for “husband or wife” (in each place)...

11In section 51(3) (devolution of certain estates vested in infant...

12In section 55(1)(xviii) (which defines “valuable consideration” as including marriage),...

Intestates' Estates Act 1952 (c. 64)

13(1) Amend section 5 and Schedule 2 (rights of surviving...

Family Provision Act 1966 (c. 35)

14In section 1(1) (fixed net sum payable to surviving spouse...

Inheritance (Provision for Family and Dependants) Act 1975 (c. 63)

15(1) Amend section 1 (application for financial provision from deceased...

16In section 2(1) (orders which may be made on an...

17(1) Amend section 3(2) (application by spouse or former spouse:...

18In section 3(2A) (application by person living as husband or...

19In section 6(3) and (10) (variation etc. of orders which...

20After section 14 insert— Provision as to cases where no...

21After section 15 insert— Restriction imposed in proceedings for the...

22After section 15A insert— Restriction imposed in proceedings under Schedule...

23In section 16(1) (power to vary secured periodical payments orders)—...

24In section 17(4) (meaning of “maintenance agreement”)—

25After section 18 insert— Availability of court’s powers under this...

26(1) Amend section 19 (effect, duration and form of orders)...

27(1) Amend section 25 (interpretation) as follows.

SCHEDULE 5Financial relief in the High Court or a county court etc.

Part 1Financial provision in connection with dissolution, nullity or separation

Circumstances in which orders under this Part may be made

1(1) The court may make any one or more of...

The orders: periodical and secured periodical payments and lump sums

2(1) The orders are— (a) an order that either civil...

Particular provision that may be made by lump sum orders

3(1) An order under this Part requiring one civil partner...

When orders under this Part may take effect

4(1) If an order is made under paragraph 2(1)(a), (b)...

Restrictions on making of orders under this Part

5The power to make an order under paragraph 2(1)(d), (e)...

Part 2Property adjustment on or after dissolution, nullity or separation

Circumstances in which property adjustment orders may be made

6(1) The court may make one or more property adjustment...

Property adjustment orders

7(1) The property adjustment orders are— (a) an order that...

When property adjustment orders may take effect

8(1) If a property adjustment order is made on or...

Restrictions on making property adjustment orders

9The power to make a property adjustment order under paragraph...

Part 3Sale of property orders

Circumstances in which sale of property orders may be made

10(1) The court may make a sale of property order—...

Sale of property orders

11(1) A sale of property order is an order for...

When sale of property orders may take effect

12(1) If a sale of property order is made on...

When sale of property orders cease to have effect

13If a sale of property order contains a provision requiring...

Protection of third parties

14(1) Sub-paragraphs (2) and (3) apply if—

Part 4Pension sharing orders on or after dissolution or nullity order

Circumstances in which pension sharing orders may be made

15(1) The court may make a pension sharing order—

Pension sharing orders

16(1) A pension sharing order is an order which—

Pension sharing orders: apportionment of charges

17If a pension sharing order relates to rights under a...

Restrictions on making of pension sharing orders

18(1) A pension sharing order may not be made in...

When pension sharing orders may take effect

19(1) A pension sharing order is not to take effect...

Part 4APension compensation sharing orders on or after dissolution or nullity order

19ACircumstances in which pension compensation sharing orders may be made

19BPension compensation sharing orders

19CPension compensation sharing orders: apportionment of charges

19DRestrictions on making pension compensation sharing orders

19EWhen pension compensation sharing orders may take effect

19FInterpretation

Part 5Matters to which court is to have regard under Parts 1 to 4

20The court in deciding— (a) whether to exercise its powers...

Particular matters to be taken into account when exercising powers in relation to civil partners

21(1) This paragraph applies to the exercise by the court...

Particular matters to be taken into account when exercising powers in relation to children

22(1) This paragraph applies to the exercise by the court...

Terminating financial obligations

23(1) Sub-paragraphs (2) and (3) apply if, on or after...

Part 6Making of Part 1 orders having regard to pension benefits

Pension benefits to be included in matters to which court is to have regard

24(1) The matters to which the court is to have...

Provisions applying where pension benefits taken into account in decision to make Part 1 order

25(1) This paragraph applies if, having regard to any benefits...

Pensions: lump sums

26(1) This paragraph applies if the benefits which the civil...

Pensions: supplementary

27If— (a) a Part 1 order made by virtue of...

28(1) The Lord Chancellor may by regulations—

Interpretation of provisions relating to pensions

29(1) In this Part “the civil partner with pension rights”...

Part 7Pension protection fund compensation etc.

PPF compensation to be included in matters to which court is to have regard

30(1) The matters to which a court is to have...

Assumption of responsibility by PPF Board in paragraph 25(2) cases

31(1) This paragraph applies to an order under Part 1...

Assumption of responsibility by PPF Board in paragraph 25(5) cases

32(1) This paragraph applies to an order under Part 1...

Lump sums: power to modify paragraph 26 in respect of assessment period

33Regulations may modify paragraph 26 in its application to an...

Assumption of responsibility by the Board not to affect power of court to vary order etc.

34(1) This paragraph applies where the court makes, in relation...

Attachment of PPF compensation

34A(1) This paragraph applies if, having regard to any PPF...

34B(1) Regulations may— (a) make provision, in relation to any...

35Regulations may make such consequential modifications of any provision of,...

36(1) In this Part “regulations” means regulations made by the...

Interpretation

37(1) In this Part— “assessment period” means— an assessment period...

Part 8Maintenance pending outcome of dissolution, nullity or separation proceedings

38On an application for a dissolution, nullity or separation order,...

Part 9Failure to maintain: financial provision (and interim orders)

Circumstances in which orders under this Part may be made

39(1) Either civil partner in a subsisting civil partnership may...

Interim orders

40An interim order is an order requiring the respondent to...

Orders that may be made where failure to maintain established

41(1) The orders are— (a) an order that the respondent...

Particular provision that may be made by lump sum orders

42(1) An order under this Part for the payment of...

Matters to which the court is to have regard on application under paragraph 39(1)(a)

43(1) This paragraph applies if an application under paragraph 39...

Matters to which the court is to have regard on application under paragraph 39(1)(b)

44(1) This paragraph applies if an application under paragraph 39...

Restrictions on making orders under this Part

45The power to make an order under paragraph 41(1)(d), (e)...

Part 10Commencement of certain proceedings and duration of certain orders

Commencement of proceedings for ancillary relief, etc.

46(1) Sub-paragraph (2) applies if an application for a dissolution,...

Duration of periodical and secured periodical payments orders for a civil partner

47(1) The court may specify in a periodical payments or...

Subsequent civil partnership or marriage

48If after the making of a dissolution or nullity order...

Duration of continuing orders in favour of children, and age limit on making certain orders in their favour

49(1) Subject to sub-paragraph (5)— (a) no order under Part...

Part 11Variation, discharge etc. of certain orders for financial relief

Orders etc. to which this Part applies

50(1) This Part applies to the following orders—

Powers to vary, discharge, suspend or revive order

51(1) If the court has made an order to which...

Power to remit arrears

52(1) If the court has made an order referred to...

Additional powers on discharging or varying a periodical or secured periodical payments order after dissolution of civil partnership

53(1) Sub-paragraph (2) applies if, after the dissolution of a...

54(1) An order for the payment of a lump sum...

Variation etc. of periodical or secured periodical payments orders made in cases of failure to maintain

55(1) An application for the variation under paragraph 51 of...

Variation etc. of property adjustment and pension sharing orders

56The court must not exercise the powers conferred by this...

57(1) In relation to a pension sharing order which is...

58(1) Sub-paragraphs (2) and (3)— (a) are subject to paragraphs...

Matters to which court is to have regard in exercising powers under this Part

59(1) In exercising the powers conferred by this Part the...

Variation of secured periodical payments order where person liable has died

60(1) This paragraph applies if the person liable to make...

Power to direct when variation etc. is to take effect

61(1) If the court, in exercise of its powers under...

62(1) If— (a) a periodical payments or secured periodical payments...

Part 12Arrears and repayments

Payment of certain arrears unenforceable without the leave of the court

63(1) This paragraph applies if any arrears are due under—...

Orders for repayment in certain cases of sums paid under certain orders

64(1) This paragraph applies if— (a) a person (“R”) is...

Orders for repayment after cessation of order because of subsequent civil partnership etc.

65(1) Sub-paragraphs (3) and (4) apply if—

Part 13Consent orders and maintenance agreements

Consent orders for financial relief

66(1) Regardless of anything in the preceding provisions of this...

Meaning of “maintenance agreement” and “financial arrangements”

67(1) In this Part “maintenance agreement” means any agreement in...

Validity of maintenance agreements

68If a maintenance agreement includes a provision purporting to restrict...

Alteration of agreements by court during lives of parties

69(1) Either party to a maintenance agreement may apply to...

Restrictions on applications to and orders by magistrates' courts under paragraph 69

70(1) A magistrates' court must not entertain an application under...

Provisions relating to periodical and secured periodical payments: duration

71(1) If a court decides to make an order under...

72Nothing in paragraphs 68 to 71 affects—

Alteration of agreements by court after death of one party

73(1) This paragraph applies if— (a) a maintenance agreement provides...

Part 14Miscellaneous and supplementary

Avoidance of transactions intended to prevent or reduce financial relief

74(1) This paragraph applies if proceedings for relief (“financial relief”)...

75(1) Any reference in paragraph 74 to defeating A’s claim...

Direction for settlement of instrument for securing payments or effecting property adjustment

76(1) This paragraph applies if the court decides to make—...

Settlement, etc., made in compliance with a property adjustment order may be avoided on bankruptcy of settlor

77The fact that— (a) a settlement, or

Payments, etc., under order made in favour of person suffering from mental disorder

78(1) This paragraph applies if— (a) the court makes an...

Appeals relating to pension sharing orders which have taken effect

79(1) Sub-paragraphs (2) and (3) apply if an appeal against...

Appeals relating to pension compensation sharing orders which have taken effect

79A(1) This paragraph applies where an appeal against a pension...

Interpretation

80(1) References in this Schedule to— (a) periodical payments orders,...

SCHEDULE 6Financial relief in magistrates' courts etc.

Part 1Failure to maintain etc.: financial provision

Circumstances in which orders under this Part may be made

1(1) On an application to it by one of the...

The orders: periodical and secured periodical payments and lump sums

2(1) The orders are— (a) an order that the respondent...

Particular provision that may be made by lump sum orders

3(1) An order under this Part for the payment of...

Matters to which court is to have regard in exercising its powers under this Part—general

4If an application is made for an order under this...

Particular matters to be taken into account when exercising powers in relation to civil partners

5(1) This paragraph applies in relation to the exercise by...

Particular matters to be taken into account when exercising powers in relation to children

6(1) This paragraph applies in relation to the exercise by...

Reconciliation

7(1) If an application is made for an order under...

Refusal of order in case more suitable for High Court

8(1) If on hearing an application for an order under...

Part 2Orders for agreed financial provision

Orders for payments which have been agreed by the parties

9(1) Either civil partner may apply to a magistrates' court...

Meaning of “financial provision” and of references to specified financial provision

10(1) In this Part “financial provision” means any one or...

Evidence to be produced where respondent not present etc.

11(1) This paragraph applies if— (a) the respondent is not...

Exercise of powers in relation to children

12(1) This paragraph applies if the financial provision specified in...

Power to make alternative orders

13(1) This paragraph applies if on an application under this...

Relationship between this Part and Part 1

14(1) A civil partner who has applied for an order...

Part 3Orders of court where civil partners living apart by agreement

Powers of court where civil partners are living apart by agreement

15(1) If— (a) the civil partners have been living apart...

The orders that may be made under this Part

16(1) The orders are— (a) an order that the respondent...

Restrictions on orders under this Part

17The court in the exercise of its powers under this...

Relationship with powers under Part 1

18(1) Sub-paragraph (2) applies if on an application under this...

Matters to be taken into consideration

19Paragraphs 4 to 6 apply in relation to an application...

Part 4Interim orders

Circumstances in which interim orders may be made

20(1) This paragraph applies if an application has been made...

Meaning of interim order

21(1) An interim order is an order requiring the respondent...

When interim order may start

22(1) An interim order may provide for payments to be...

Payments which can be treated as having been paid on account

23(1) If an interim order made by the High Court...

When interim order ceases to have effect

24(1) Subject to sub-paragraphs (2) and (3), an interim order...

Supplementary

25(1) An interim order made by the High Court under...

Part 5Commencement and duration of orders under Parts 1, 2 and 3

Duration of periodical payments order for a civil partner

26(1) The court may specify in a periodical payments order...

Age limit on making orders for financial provision for children and duration of such orders

27(1) Subject to sub-paragraph (5), no order is to be...

Application of paragraphs 26 and 27 to Part 2 orders

28(1) Subject to sub-paragraph (3), paragraph 26 applies in relation...

Effect on certain orders of parties living together

29(1) Sub-paragraph (2) applies if periodical payments are required to...

Part 6Variation etc. of orders

Power to vary, revoke, suspend or revive order

30(1) If a magistrates' court has made an order for...

Powers to order lump sum on variation

31(1) If a magistrates' court has made an order under...

Power to specify when order as varied is to take effect

32An order made under this Part which varies an order...

33(1) If— (a) there is in force an order (“the...

Matters to which court is to have regard in exercising powers under this Part

34(1) In exercising the powers conferred by this Part the...

Variation of orders for periodical payments: further provisions

35(1) The power of the court under paragraphs 30 to...

36(1) If— (a) a magistrates' court has made an order...

37(1) Before varying the order by exercising one of its...

38(1) Section 59(4) of the 1980 Act (power of court...

Persons who may apply under this Part

39An application under paragraph 30, 31 or 36 may be...

Revival of orders for periodical payments

40(1) If an order made by a magistrates' court under...

Variation of instalments of lump sum

41If in the exercise of its powers under section 75...

Supplementary provisions with respect to variation and revocation of orders

42None of the following powers apply in relation to an...

Part 7Arrears and repayments

Enforcement etc. of orders for payment of money

43Section 32 of the Domestic Proceedings and Magistrates' Courts Act...

Orders for repayment after cessation of order because of subsequent civil partnership etc.

44(1) Sub-paragraphs (3) and (4) apply if—

Part 8Supplementary

Restrictions on making of orders under this Schedule: welfare of children

45If— (a) an application is made by a civil partner...

Constitution of courts, powers of High Court and county court in relation to orders and appeals

46The following provisions of the Domestic Proceedings and Magistrates' Courts...

Provisions as to jurisdiction and procedure

47(1) Subject to section 2 of the Family Law Act...

Meaning of “child of the family”

48In this Schedule “child of the family”, in relation to...

SCHEDULE 7Financial relief in England and Wales after overseas dissolution etc. of a civil partnership

Part 1Financial relief

Part applies where civil partnership has been dissolved etc. overseas

1(1) This Part of this Schedule applies where—

Either civil partner may make application for financial relief

2(1) Either of the civil partners may make an application...

No application after formation of subsequent civil partnership or marriage

3(1) If— (a) the civil partnership has been dissolved or...

Leave of court required for making of application

4(1) No application for an order under paragraph 9 or...

Interim orders for maintenance

5(1) Where— (a) leave is granted under paragraph 4, and...

Paragraphs 7 and 8 apply where application made for relief under paragraph 9 or 13

6Paragraphs 7 and 8 apply where— (a) one of the...

Jurisdiction of the court

7(1) The court shall have jurisdiction to entertain the application...

Duty of the court to consider whether England and Wales is appropriate venue for application

8(1) Before deciding the application, the court must consider whether...

Orders for financial provision, property adjustment and pension sharing

9(1) Sub-paragraphs (2) and (3) apply where one of the...

Matters to which court is to have regard in exercising its powers under paragraph 9

10(1) The court, in deciding— (a) whether to exercise its...

Restriction of powers under paragraph 9 where jurisdiction depends on civil partnership home in England or Wales

11(1) Sub-paragraphs (2) to (4) apply where the court has...

Consent orders under paragraph 9

12(1) On an application for a consent order under paragraph...

Orders for transfers of tenancies of dwelling-houses

13(1) This paragraph applies if— (a) an application is made...

Application to orders under paragraphs 5 and 9 of provisions of Schedule 5

14(1) The following provisions of Schedule 5 apply in relation...

Avoidance of transactions designed to defeat claims under paragraphs 5 and 9

15(1) Sub-paragraphs (2) and (3) apply where one of the...

Presumptions for the purposes of paragraph 15

16(1) Sub-paragraph (3) applies where— (a) an application is made...

Part 2Steps 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...

Part 3Supplementary

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

18(1) In paragraphs 15 to 17 “disposition” does not include...

Interpretation of Schedule

19In this Schedule— “the court” means the High Court or,...

SCHEDULE 8Housing and tenancies

Law of Property Act 1925 (c. 20)

1(1) Amend section 149(6) (which includes provision for a lease...

Landlord and Tenant Act 1954 (c. 56)

2In paragraph 1(e) of Schedule 3 (grounds for possession: premises...

Leasehold Reform Act 1967 (c. 88)

3In section 1(1ZC)(c) (which refers to section 149(6) of the...

4In section 1B (which refers to a tenancy granted so...

5(1) Amend section 3(1) (meaning of “long tenancy”) as follows....

6(1) Amend section 7 (rights of members of family succeeding...

7In section 18(3) (members of landlord’s family whose residential rights...

Caravan Sites Act 1968 (c. 52)

8In section 3(2) (“occupier” includes surviving spouse of deceased occupier),...

Rent (Agriculture) Act 1976 (c. 80)

9(1) Amend section 3 (protected occupiers by succession) as follows....

10(1) Amend section 4 (statutory tenants and tenancies) as follows....

11In section 31(3)(c) (power of Secretary of State and National...

12In paragraph 1 of Case 9 in Part 1 of...

Rent Act 1977 (c. 42)

13(1) In Part 1 of Schedule 1 (statutory tenants by...

14In Schedule 15 (grounds for possession), in Case 9 in...

Protection from Eviction Act 1977 (c. 43)

15In section 4(2)(b) (special provisions for agricultural employees: “occupier” includes...

Housing Act 1980 (c. 51)

16In section 54(2) (protected shorthold tenancy etc. may not be...

17In section 76(3) (which amends provisions of the Rent (Agriculture)...

Housing Act 1985 (c. 68)

18In sections 39(2)(b) and 160(2)(b) (meaning of “qualifying person” in...

19In section 39(3) (disposals exempt if in pursuance of certain...

20In section 87(a) (entitlement of tenant’s spouse to succeed to...

21(1) Amend section 88 (cases where secure tenant is a...

22(1) Amend section 89 (succession to periodic secured tenancy) as...

23In section 90(3)(a) (secure tenancy for term certain does not...

24In section 91(3)(b) (assignments not prohibited if in pursuance of...

25In section 99B(2)(e) (subsection applies to assignees in pursuance of...

26In section 101(3)(c) (assignees in pursuance of certain orders are...

27(1) Amend sections 113 and 186 (meaning of “member of...

28In section 123(2)(a) (family members with whom right to buy...

29In section 130(3) (persons whose receipt of discount results in...

30In section 160(3) (right to buy: disposals in pursuance of...

31In section 171B(4)(b) (persons who become tenants in pursuance of...

32In section 554(2A) (grant by registered social landlords to former...

33In Part 1 of Schedule 2 (secure tenancies: grounds for...

34In paragraphs 2, 5 and 5A of Schedule 4 (qualifying...

35(1) Amend Schedule 6A (redemption of landlord’s share) as follows....

Agricultural Holdings Act 1986 (c. 5)

36(1) In sections 35(2) and 49(3) (interpretation respectively of sections...

37In section 36 (eligible person may apply for new tenancy...

38In section 50 (eligible person may apply for new tenancy...

39(1) Amend Schedule 6 (eligibility to apply for new tenancy...

Landlord and Tenant Act 1987 (c. 31)

40(1) Amend section 4 (meaning of “relevant disposal” for purposes...

Housing Act 1988 (c. 50)

41(1) Amend section 17 (succession to assured periodic tenancy by...

42In section 82(1)(b) (after disposal by housing action trust, legal...

43(1) Amend Schedule 2 (assured tenancies: grounds for possession) as...

44(1) Amend paragraph 3 of Schedule 3 (agricultural worker condition...

45(1) Amend paragraph 4 of Schedule 11 (exempted disposals by...

Local Government and Housing Act 1989 (c. 42)

46In paragraph 5(1)(c) of Schedule 10 (long residential tenancies: grounds...

Leasehold Reform, Housing and Urban Development Act 1993 (c. 28)

47(1) Amend section 7 (meaning of “long lease”) as follows....

48In section 10(5) (members of family of resident landlord), for...

Agricultural Tenancies Act 1995 (c. 8)

49In section 7(3) (which refers to section 149(6) of the...

Housing Act 1996 (c. 52)

50(1) Amend section 15 (relevant and exempted disposals) as follows....

51(1) Amend sections 62 and 140 (meaning of “member of...

52In section 132 (introductory tenancies: cases where tenant is successor),...

53(1) Amend section 133 (succession to introductory tenancy) as follows....

54In section 134(2)(a) (introductory tenancy may not be assigned except...

55In section 143H(5)(a) (two or more successors to demoted tenancy),...

56In section 143I(3) (tenancy does not cease to be demoted...

57For paragraphs (a) and (b) of section 143J(5) (successor by...

58In section 143K(2) (demoted tenancy may be assigned only in...

59(1) Amend section 143P (meaning of “member of another’s family”)...

60In section 160 (cases where provisions about allocations do not...

61(1) Amend section 178 (meaning of “associated person” in Part...

Housing Grants, Construction and Regeneration Act 1996 (c. 53)

62In section 30(6)(a) (power to provide for financial position of...

63(1) In section 54(3) (disposals in pursuance of certain orders...

Commonhold and Leasehold Reform Act 2002 (c. 15)

64In section 76(2)(c) (which refers to section 149(6) of the...

65In section 77(1) (“long lease”: exclusion of certain leases terminable...

66In paragraph 3(8) of Schedule 6 (members of freeholder’s family...

SCHEDULE 9Family homes and domestic violence

Part 1Amendments of the Family Law Act 1996 (c. 27)

1(1) Amend section 30 (rights concerning matrimonial home where one...

2(1) Amend section 31 (effect of matrimonial home rights as...

3For section 32 (further provisions relating to matrimonial home rights)...

4(1) Amend section 33 (occupation orders where applicant has estate...

5In section 34 (effect of order under section 33 where...

6(1) Amend section 35 (one former spouse with no existing...

7In section 36 (one cohabitant or former cohabitant with no...

8(1) Amend section 37 (neither spouse entitled to occupy) as...

9In section 42 (non-molestation orders), after subsection (4) insert—

10(1) In section 44 (evidence of agreement to marry), after...

11In section 49 (variation and discharge of orders), in subsection...

12(1) Amend section 54 (dwelling-house subject to mortgage) as follows....

13(1) Amend section 62 (meaning of “cohabitants”, “relevant child” and...

14(1) Amend section 63 (interpretation of Part 4) as follows....

15(1) Amend Schedule 4 (provisions supplementary to sections 30 and...

16(1) Amend Schedule 7 (transfer of certain tenancies on divorce...

Part 2Consequential amendments

Land Compensation Act 1973 (c. 26)

17(1) Amend section 29A (spouses having statutory rights of occupation)...

Housing Act 1985 (c. 68)

18(1) Amend section 85 (extended discretion of court in certain...

19In section 99B (persons qualifying for compensation) in subsection (2)(f),...

20In section 101 (rent not to be increased on account...

Insolvency Act 1986 (c. 45)

21(1) Amend section 336 (rights of occupation etc. of bankrupt’s...

22(1) Amend section 337 (rights of occupation of bankrupt) as...

Housing Act 1988 (c. 50)

23(1) Amend section 9 (extended discretion of court in possession...

Commonhold and Leasehold Reform Act 2002 (c. 15)

24(1) Amend section 61 (matrimonial rights) as follows.

Part 3Transitional provision

25(1) Any reference (however expressed) in any enactment, instrument or...

SCHEDULE 10Forbidden degrees of relationship: Scotland

SCHEDULE 11Financial provision in Scotland after overseas proceedings

Part 1Introductory

1(1) This Schedule applies where— (a) a civil partnership has...

Part 2Circumstances in which court may entertain application for financial provision

2(1) Subject to sub-paragraph (4), if the jurisdictional requirements and...

Part 3Disposal of applications

3(1) Subject to sub-paragraphs (2) to (5), Scots law applies...

Part 4The expression “order for financial provision”

4In this Schedule, “order for financial provision” means any one...

SCHEDULE 12Prohibited degrees of relationship: Northern Ireland

Absolute prohibitions

1(1) Two people are within prohibited degrees of relationship if...

Qualified prohibitions

2(1) Two people are within prohibited degrees of relationship if...

3Two people are within prohibited degrees of relationship if one...

SCHEDULE 13Civil partnerships of persons under 18: Northern Ireland

Part 1Appropriate persons

1Column 2 of the table specifies the appropriate persons (or...

2In the table the following expressions have the same meaning...

Part 2Dispensing with consent

Order dispensing with consent

3(1) This paragraph applies if— (a) a young person and...

Part 3Recording consents and orders

4Any consent required by section 145(1) must be sent to...

5Any order made under paragraph 3, or a certified copy...

6The registrar must keep a record of—

7The record kept under paragraph 6 must be kept with...

SCHEDULE 14Wills, administration of estates and family provision: Northern Ireland

1Amend the Wills and Administration Proceedings (Northern Ireland) Order 1994...

2In Article 4(1) (will made by person under 18 invalid...

3In Article 8(1) and (3) (avoidance of gifts to attesting...

4In Article 9 (witnessing by creditor), after “spouse” insert “...

5After Article 13 insert— Effect of civil partnership (1) Subject to paragraphs (2) to (6), a will is...

6In Article 14 (revocation), in paragraph (1)(a), after “Article 12...

7(1) Amend Article 23 (presumption as to effect of gift...

8In Article 27(3) (construction and effect of references to failure...

Part 2Administration of estates and family provision

Administration of Estates Act (Northern Ireland) 1955 (c. 24 (N.I.))

9(1) Amend section 6A (spouse dying within 28 days of...

10(1) Amend section 7 (rights of surviving spouse) as follows....

11In section 8 (rights of issue), after “spouse” insert “...

12In section 9 (rights of parents), after “spouse” insert “...

13In section 10 (rights of brothers and sisters and their...

14In section 11 (rights of next-of-kin), in subsection (1) after...

15In section 38 (power to appoint trustees of infant’s property),...

Inheritance (Provision for Family and Dependants) (Northern Ireland) Order 1979 (S.I. 1979/ 924 (N.I. 8))

16(1) Amend Article 2 (interpretation) as follows.

17(1) Amend Article 3 (application for financial provision from deceased...

18In Article 4(1) (orders which may be made on an...

19(1) Amend Article 5(2) (application by spouse or former spouse:...

20In Article 5(2A) (application by person living as husband or...

21(1) In Article 8(3) and (10) (variation etc. of orders...

22After Article 16 insert— Provision as to cases where no...

23After Article 17 insert— Restriction imposed in proceedings for the...

24After Article 17A insert— Restriction imposed in proceedings under Schedule...

25In Article 18(1) (power to vary secured periodical payments orders)—...

26In Article 19(4) (meaning of “maintenance agreement”)—

27After Article 20 insert— Availability of court’s powers under this...

28(1) Amend Article 21 (effect, duration and form of orders)...

SCHEDULE 15Financial relief in the High Court or a county court etc.: Northern Ireland

Part 1Financial provision in connection with dissolution, nullity or separation

Circumstances in which orders under this Part may be made

1(1) The court may make any one or more of...

The orders: periodical and secured periodical payments and lump sums

2(1) The orders are— (a) an order that either civil...

Particular provision that may be made by lump sum orders

3(1) An order under this Part requiring one civil partner...

When orders under this Part may take effect

4(1) If an order is made under paragraph 2(1)(a), (b)...

Restrictions on making of orders under this Part

5The power to make an order under paragraph 2(1)(d), (e)...

Part 2Property adjustment on or after dissolution, nullity or separation

Circumstances in which property adjustment orders may be made

6(1) The court may make one or more property adjustment...

Property adjustment orders

7(1) The property adjustment orders are— (a) an order that...

When property adjustment orders may take effect

8(1) If a property adjustment order is made on or...

Restrictions on making property adjustment orders

9The power to make a property adjustment order under paragraph...

Part 3Pension sharing orders on or after dissolution or nullity order

Circumstances in which pension sharing orders may be made

10(1) The court may make a pension sharing order—

Pension sharing orders

11(1) A pension sharing order is an order which—

Pension sharing orders: apportionment of charges

12If a pension sharing order relates to rights under a...

Restrictions on making of pension sharing orders

13(1) A pension sharing order may not be made in...

When pension sharing orders may take effect

14(1) A pension sharing order is not to take effect...

PART 3APENSION COMPENSATION SHARING ORDERS ON OR AFTER DISSOLUTION OR NULLITY ORDER

Circumstances in which pension compensation sharing orders may be made

14A(1) The court may make a pension compensation sharing order—...

Pension compensation sharing orders

14B(1) A pension compensation sharing order is an order which—...

Pension compensation sharing orders: apportionment of charges

14CThe court may include in a pension compensation sharing order...

Restrictions on making pension compensation sharing orders

14D(1) A pension compensation sharing order may not be made...

When pension compensation sharing orders may take effect

14E(1) A pension compensation sharing order is not to take...

Interpretation

14FIn this Schedule— “ PPF compensation ” means compensation payable...

Part 4Matters to which court is to have regard under Parts 1 to 3

15The court in deciding— (a) whether to exercise its powers...

Particular matters to be taken into account when exercising powers in relation to civil partners

16(1) This paragraph applies to the exercise by the court...

Particular matters to be taken into account when exercising powers in relation to children

17(1) This paragraph applies to the exercise by the court...

Terminating considerations

18(1) Sub-paragraphs (2) and (3) apply if, on or after...

Part 5Making of Part 1 orders having regard to pension benefits

Pension benefits to be included in matters to which court is to have regard

19(1) The matters to which the court is to have...

Provisions applying where pension benefits taken into account in decision to make Part 1 order

20(1) This paragraph applies if, having regard to any benefits...

Pensions: lump sums

21(1) This paragraph applies if the benefits which the civil...

Pensions: supplementary

22If— (a) a Part 1 order made by virtue of...

23(1) The Lord Chancellor may by regulations—

Interpretation of provisions relating to pensions

24(1) In this Part “the civil partner with pension rights”...

Part 6Pension protection fund compensation etc.

PPF compensation to be included in matters to which court is to have regard

25(1) The matters to which a court is to have...

Assumption of responsibility by PPF Board in paragraph 20(2) cases

26(1) This paragraph applies to an order under Part 1...

Assumption of responsibility by PPF Board in paragraph 20(5) cases

27(1) This paragraph applies to an order under Part 1...

Lump sums: power to modify paragraph 21 in respect of assessment period

28Regulations may modify paragraph 21 in its application to an...

Assumption of responsibility by the Board not to affect power of court to vary order etc.

29(1) This paragraph applies where the court makes, in relation...

Attachment of PPF compensation

29A(1) This paragraph applies if, having regard to any PPF...

29B(1) Regulations may— (a) make provision, in relation to any...

30Regulations may make such consequential modifications of any provision of,...

31(1) In this Part “regulations” means regulations made by the...

Interpretation

32(1) In this Part— “assessment period” means— an assessment period...

Part 7Maintenance pending outcome of dissolution, nullity or separation proceedings

33On an application for a dissolution, nullity or separation order,...

Part 8Failure to maintain: financial provision (and interim orders)

Circumstances in which orders under this Part may be made

34(1) Either civil partner in a subsisting civil partnership may...

Interim orders

35An interim order is an order requiring the respondent to...

Orders that may be made where failure to maintain established

36(1) The orders are— (a) an order that the respondent...

Particular provision that may be made by lump sum orders

37(1) An order under this Part for the payment of...

Matters to which the court is to have regard on application under paragraph 34(1)(a)

38(1) This paragraph applies if an application under paragraph 34...

Matters to which the court is to have regard on application under paragraph 34(1)(b)

39(1) This paragraph applies if an application under paragraph 34...

Restrictions on making orders under this Part

40The power to make an order under paragraph 36(1)(d), (e)...

Part 9Commencement of certain proceedings and duration of certain orders

Commencement of proceedings for ancillary relief, etc.

41(1) Sub-paragraph (2) applies if an application for a dissolution,...

Duration of periodical and secured periodical payments orders for a civil partner

42(1) The court may specify in a periodical payments or...

Subsequent civil partnership or marriage

43If after the making of a dissolution or nullity order...

Duration of continuing orders in favour of children, and age limit on making certain orders in their favour

44(1) Subject to sub-paragraph (5)— (a) no order under Part...

Part 10Variation, discharge etc. of certain orders for financial relief

Orders etc. to which this Part applies

45(1) This Part applies to the following orders—

Powers to vary, discharge, suspend or revive order

46(1) If the court has made an order to which...

Power to remit arrears

47(1) If the court has made an order referred to...

Variation etc. of periodical or secured periodical payments orders made in cases of failure to maintain

48(1) An application for the variation under paragraph 46 of...

Variation etc. of property adjustment and pension sharing orders

49The court must not exercise the powers conferred by this...

50(1) In relation to a pension sharing order which is...

51(1) No property adjustment order or pension sharing order may...

Matters to which court is to have regard in exercising powers under this Part

52(1) In exercising the powers conferred by this Part the...

Variation of secured periodical payments order where person liable has died

53(1) This paragraph applies if the person liable to make...

Power to direct when variation etc. is to take effect

54(1) If the court, in exercise of its powers under...

55(1) If— (a) a periodical payments or secured periodical payments...

Part 11Arrears and repayments

Payment of certain arrears unenforceable without the leave of the court

56(1) This paragraph applies if any arrears are due under—...

Orders for repayment in certain cases of sums paid under certain orders

57(1) This paragraph applies if— (a) a person (“R”) is...

Orders for repayment after cessation of order because of subsequent civil partnership etc.

58(1) Sub-paragraphs (3) and (4) apply if—

Part 12Consent orders and maintenance agreements

Consent orders for financial relief

59(1) Regardless of anything in the preceding provisions of this...

Meaning of “maintenance agreement” and “financial arrangements”

60(1) In this Part “maintenance agreement” means any written agreement...

Validity of maintenance agreements

61If a maintenance agreement includes a provision purporting to restrict...

Alteration of agreements by court during lives of parties

62(1) Either party to a maintenance agreement may apply to...

Restrictions on applications to and orders by courts of summary jurisdiction under paragraph 62

63(1) A court of summary jurisdiction must not entertain an...

Provisions relating to periodical and secured periodical payments: duration

64(1) If a court decides to make an order under...

65Nothing in paragraphs 61 or 64 affects—

Alteration of agreements by court after death of one party

66(1) This paragraph applies if— (a) a maintenance agreement provides...

Part 13Miscellaneous and supplementary

Avoidance of transactions intended to prevent or reduce financial relief

67(1) This paragraph applies if proceedings for relief (“financial relief”)...

68(1) Any reference in paragraph 67 to defeating A’s claim...

69(1) An order under paragraph 67(2), to the extent that...

70(1) The registration of a statutory charge created under paragraph...

Direction for settlement of instrument for securing payments or effecting property adjustment

71(1) This paragraph applies if the court decides to make—...

Settlement, etc., made in compliance with a property adjustment order may be avoided on bankruptcy of settlor

72The fact that— (a) a settlement, or

Payments, etc., under order made in favour of person suffering from mental disorder

73(1) This paragraph applies if— (a) the court makes an...

Appeals relating to pension sharing orders which have taken effect

74(1) Sub-paragraphs (2) and (3) apply if an appeal against...

Appeals relating to pension compensation sharing orders which have taken effect

74A(1) This paragraph applies where an appeal against a pension...

Interpretation

75(1) References in this Schedule to— (a) periodical payments orders,...

SCHEDULE 16Financial relief in court of summary jurisdiction etc.: Northern Ireland

Part 1Failure to maintain etc.: financial provision

Circumstances in which orders under this Part may be made

1(1) On an application to it by one of the...

The orders: periodical and secured periodical payments and lump sums

2(1) The orders are— (a) an order that the respondent...

Particular provision that may be made by lump sum orders

3(1) An order under this Part for the payment of...

Matters to which court is to have regard in exercising its powers under this Part – general

4If an application is made for an order under this...

Particular matters to be taken into account when exercising powers in relation to civil partners

5(1) This paragraph applies in relation to the exercise by...

Particular matters to be taken into account when exercising powers in relation to children

6(1) This paragraph applies in relation to the exercise by...

Reconciliation

7(1) If before the hearing of any evidence in proceedings...

Refusal of order in case more suitable for High Court

8(1) If on hearing an application for an order under...

Part 2Orders for agreed financial provision

Orders for payments which have been agreed by the parties

9(1) Either civil partner may apply to the court for...

Meaning of “financial provision” and of references to specified financial provision

10(1) In this Part “financial provision” means any one or...

Evidence to be produced where respondent not present etc.

11(1) This paragraph applies if the respondent—

Exercise of powers in relation to children

12(1) This paragraph applies if the financial provision specified in...

Power to make alternative orders

13(1) This paragraph applies if on an application under this...

Request for order under this Part in proceedings under Part 1

14(1) On an application for an order under Part 1,...

Part 3Orders of court where civil partners living apart by agreement

Powers of court where civil partners are living apart by agreement

15(1) If— (a) the civil partners have been living apart...

The orders that may be made under this Part

16(1) The orders are— (a) an order that the respondent...

Restrictions on orders under this Part

17The court in the exercise of its powers under this...

Relationship with powers under Part 1

18(1) Sub-paragraph (2) applies if on an application under this...

Matters to be taken into consideration

19Paragraphs 4 to 6 apply in relation to an application...

Part 4Interim orders

Circumstances in which interim orders may be made

20(1) This paragraph applies if an application has been made...

Meaning of interim order

21(1) An interim order is an order requiring the respondent...

When interim order may start

22(1) An interim order may provide for payments to be...

Payments which can be treated as having been paid on account

23(1) If an order under Part 1, 2 or 3...

When interim order ceases to have effect

24(1) Subject to sub-paragraphs (2) and (3), an interim order...

Supplementary

25An interim order made by the High Court under paragraph...

Part 5Commencement and duration of orders under Parts 1, 2 and 3

Duration of periodical payments order for a civil partner

26(1) The court may specify in a periodical payments order...

Age limit on making orders for financial provision for children and duration of such orders

27(1) Subject to sub-paragraph (5), no order is to be...

Application of paragraphs 26 and 27 to Part 2 orders

28(1) Subject to sub-paragraph (3), paragraph 26 applies in relation...

Effect on certain orders of parties living together

29(1) Sub-paragraph (2) applies if periodical payments are required to...

Part 6Variation etc. of orders

Power to vary, revoke, suspend or revive order

30(1) If the court has made an order for the...

Powers to order lump sum on variation

31(1) If the court has made an order under paragraph...

Power to specify when order as varied is to take effect

32An order made under this Part which varies an order...

33(1) If— (a) there is in force an order (“the...

Matters to which court is to have regard in exercising powers under this Part

34(1) In exercising the powers conferred by this Part the...

Variation of orders for periodical payments: further provisions

35(1) The power of the court under paragraphs 30 to...

36(1) If— (a) a court of summary jurisdiction has made...

37(1) Before varying the order by exercising one of its...

38(1) Article 85(5) of the 1981 Order (power of court...

Persons who may apply under this Part

39An application under paragraph 30, 31 or 36 may be...

Revival of orders for periodical payments

40(1) If an order made by the court under this...

Variation of instalments or remission of lump sum

41(1) If in the exercise of its powers under Article...

Supplementary provisions with respect to variation and revocation of orders

42The powers of a court of summary jurisdiction to revoke,...

Part 7Arrears and repayments

Enforcement etc. of orders for payment of money

43Article 36 of the Domestic Proceedings (Northern Ireland) Order 1980...

Orders for repayment after cessation of order because of subsequent civil partnership etc.

44(1) Sub-paragraphs (3) and (4) apply if—

Part 8Supplementary

Restrictions on making of orders under this Schedule: welfare of children

45If— (a) an application is made by a civil partner...

Application of certain provisions of the Domestic Proceedings (Northern Ireland) Order 1980

46Articles 30 to 35 of the Domestic Proceedings (Northern Ireland)...

Interpretation

47(1) In this Schedule “child of the family”, in relation...

SCHEDULE 17Financial relief in Northern Ireland after overseas dissolution etc. of a civil partnership

Part 1Financial relief

Part applies where civil partnership has been dissolved etc. overseas

1(1) This Part of this Schedule applies where—

Either civil partner may make application for financial relief

2(1) Either of the civil partners may make an application...

No application after formation of subsequent civil partnership or marriage

3(1) If— (a) the civil partnership has been dissolved or...

Leave of court required for making of application

4(1) No application for an order under paragraph 9 or...

Interim orders for maintenance

5(1) Where— (a) leave is granted under paragraph 4, and...

Paragraphs 7 and 8 apply where application made for relief under paragraph 9 or 13

6Paragraphs 7 and 8 apply where— (a) one of the...

Jurisdiction of the court

7(1) Subject to sub-paragraph (6), the court shall have jurisdiction...

Duty of the court to consider whether Northern Ireland is appropriate venue for application

8(1) Before deciding the application, the court must consider whether...

Orders for financial provision, property adjustment and pension sharing

9(1) Sub-paragraphs (2) and (3) apply where one of the...

Matters to which court is to have regard in exercising its powers under paragraph 9

10(1) The court, in deciding— (a) whether to exercise its...

Restriction of powers under paragraph 9 where jurisdiction depends on civil partnership home in Northern Ireland

11(1) Sub-paragraphs (2) to (4) apply where the court has...

Consent orders under paragraph 9

12(1) On an application for a consent order under paragraph...

Orders for transfers of tenancies of dwelling-houses

13(1) This paragraph applies if— (a) an application is made...

Application to orders under paragraphs 5 and 9 of provisions of Schedule 15

14(1) The following provisions of Schedule 15 apply in relation...

Avoidance of transactions designed to defeat claims under paragraphs 5 and 9

15(1) Sub-paragraphs (2) and (3) apply where one of the...

Presumptions for the purposes of paragraph 15

16(1) Sub-paragraph (3) applies where— (a) an application is made...

Part 2Steps 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...

Part 3Supplementary

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

18(1) In paragraphs 15 to 17 “disposition” does not include...

Interpretation of Schedule

19In this Schedule— “the court” means the High Court; “dwelling-house”...

SCHEDULE 18Housing and tenancies: Northern Ireland

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

1In Article 14 (extended discretion of court), in paragraph (2),...

2(1) Amend Schedule 1 (statutory tenants by succession) as follows....

3In Schedule 4 (grounds for possession), in Case 3 in...

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

4(1) Amend Article 2A (meaning of member of a person’s...

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

5(1) In Article 24 (interpretation), amend paragraph (3) (meaning of...

6(1) Amend Article 26 (succession on death of tenant) as...

7In Article 32 (assignments), in paragraph (1), after sub-paragraph (a)...

8In Article 33 (other disposals), in paragraph (2), after sub-paragraph...

9In Article 94 (subletting or assignment), in paragraph (2), after...

10In Schedule 3 (grounds for possession of dwelling-houses let under...

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

11(1) Amend Article 3 (meaning of a person’s family) as...

12In Article 13 (persons qualified to succeed tenant under an...

13Article 14 (cases where tenant is a successor), in paragraph...

14(1) Amend Article 15 (persons qualified to succeed tenant under...

15Article 16 (assignment in general prohibited), in paragraph (2)(a), after...

16In Article 28 (interpretation of Part 3), in the definition...

SCHEDULE 19Family homes and domestic violence: Northern Ireland

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

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

2(1) Amend Article 3 (meaning of “cohabitees”, “relevant child” and...

3(1) Amend Article 4 (rights concerning matrimonial home where one...

4(1) Amend Article 5 (effect of matrimonial home rights as...

5(1) Amend Article 6 (registration, etc. of matrimonial charge) as...

6(1) Amend Article 7 (restriction on registration where spouse entitled...

7(1) Amend Article 8 (cancellation of registration of matrimonial charge...

8(1) Amend Article 9 (cancellation of registration after termination of...

9(1) Amend Article 10 (release of matrimonial home rights and...

10(1) Amend Article 11 (occupation orders where applicant has estate...

11In Article 12 (effect of order under Article 11 where...

12(1) Amend Article 13 (one former spouse with no existing...

13In Article 14 (one cohabitee or former cohabitee with no...

14(1) Amend Article 15 (neither spouse entitled to occupy) as...

15In Article 20 (non-molestation orders), after paragraph (4) insert—

16(1) In Article 22 (evidence of agreement to marry), after...

17In Article 24 (variation and discharge of orders), in paragraph...

18(1) Amend Article 31 (dwelling-house subject to mortgage) as follows....

19(1) Amend Article 33 (actions by mortgagees: service of notice...

20(1) Amend Article 39 (appeals) as follows.

21(1) Amend Schedule 2 (transfer of certain tenancies on divorce...

Part 2Consequential amendments

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

22In Part 1 of Schedule 6 (registration of certain burdens),...

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

23In section 4(4A), for “matrimonial charge (within the meaning of...

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)...

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

25(1) Amend Article 14 (extended discretion of court in certain...

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

26In Article 36(1)(d) (rent not to be increased on account...

27(1) Amend Article 47 (extended discretion of court in possession...

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

28(1) Amend Article 309 (rights of occupation etc. of bankrupt’s...

29(1) Amend Article 310 (rights of occupation of bankrupt) as...

Part 3Transitional provision

30(1) Any reference (however expressed) in any enactment, instrument or...

SCHEDULE 20Meaning of overseas relationship: specified relationships

A relationship is specified for the purposes of section 213...

SCHEDULE 21References to stepchildren etc. in existing Acts

1The Declinature Act 1681 (c. 79) (Senators of College of...

2Section 21 of the Small Landholders (Scotland) Act 1911 (c....

2ASection 4(3) of the Workmen's Compensation Act 1925 (c. 84)...

3Section 68(2)(e) of the Marriage Act 1949 (c. 76) (solemnisation...

4Section 7(7) of the Leasehold Reform Act 1967 (c. 88)...

5Section 18(3) of that Act (residential rights and exclusion of...

6Section 2(2) of the Employers' Liability (Compulsory Insurance) Act 1969...

7Section 27(5) of the Parliamentary and other Pensions Act 1972...

8Section 184(5) of the Consumer Credit Act 1974 (c. 39)...

Paragraph 2(a) of Schedule 1 to the Damages (Scotland) Act...

9Section 1(5) of the Fatal Accidents Act 1976 (c. 30)...

10The definition of “relative” in section 31(1) of the Credit...

11Section 32(3) of the Estate Agents Act 1979 (c. 38)...

11ASection 3(4) of the Pneumoconiosis etc. (Workers' Compensation) Act 1979...

12Section 13(1) of the Administration of Justice Act 1982 (c....

13Section 12(5) of the Mental Health Act 1983 (c. 20)...

14Section 25C(10) of that Act (supervision applications: meaning of “close...

15Section 5(3) of the Mobile Homes Act 1983 (c. 34)...

15ASection 11(6) of the Inheritance Tax Act 1984 (c. 51)...

15BSection 22(2) of that Act (gifts in consideration of marriage)....

15CSection 71(8) of that Act (accumulation and maintenance trusts).

16Section 153(4) of the Companies Act 1985 (c. 6) (transactions...

17Section 203(1) of that Act (notification of family and corporate...

18Section 327(2) of that Act (extension of section 323 to...

19Section 328(8) of that Act (extension of section 324 to...

20Section 346(2) of that Act (“connected persons”).

21Section 430E(8) of that Act (associates).

22Section 742A(6) of that Act (meaning of “offer to the...

22ASection 743(b) of that Act (“employees' share scheme”).

23Section 74(4)(a) of the Bankruptcy (Scotland) Act 1985 (c. 66)...

24Section 113(2) of the Housing Act 1985 (c. 68) (members...

25Section 186(2) of that Act (members of a person’s family)....

26Section 105(2) of the Housing Associations Act 1985 (c. 69)...

27Section 20(6) of the Airports Act 1986 (c. 31) (powers...

28Section 435(8) of the Insolvency Act 1986 (c. 45) (meaning...

29Section 70(2)(a) and (c), (3)(a) and (4) of the Building...

30Section 83(2)(c) of the Housing (Scotland) Act 1987 (c. 26)...

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

31AParagraph 2(5) of Schedule 14 to the Income and Corporation...

32Section 52(2)(a) of the Companies Act 1989 (c. 40) (meaning...

33The definition of “relative” in section 105(1) of the Children...

34Paragraph 1(2) of Schedule 2 to the Broadcasting Act 1990...

35Section 11(1) of the Agricultural Holdings (Scotland) Act 1991 (c....

35AParagraphs 2(7), 2A(10) and 9(11) of Schedule 5 to the...

36Section 77(3)(c) of the Friendly Societies Act 1992 (c. 40)...

37The definitions of “son” and “daughter” in section 119A(2) of...

38Paragraph 2(1) of Schedule 5 to the Charities Act 1993...

39Section 10(5) of the Leasehold Reform, Housing and Urban Development...

40Section 61(2) of the Crofters (Scotland) Act 1993 (c. 44)...

41Section 2 of the Criminal Law (Consolidation) (Scotland) Act 1995...

42Section 161(1) of the Employment Rights Act 1996 (c. 18)...

43The definition of “relative” in section 63(1) of the Family...

44Section 62(2) of the Housing Act 1996 (c. 52) (members...

45Section 140(2) of that Act (members of a person’s family:...

46Section 143P(3) of that Act (members of a person’s family:...

47The definition of “relative” in section 178(3) of that Act...

48Section 422(4)(b) of the Financial Services and Markets Act 2000...

49Paragraph 16(2) of Schedule 11 to that Act (offers of...

49ASection 80(4A) of the Care Standards Act 2000 (c. 14)...

50Section 108(2)(c) of the Housing (Scotland) Act 2001 (asp 10)...

51Section 1(3) of the Mortgage Rights (Scotland) Act 2001 (asp...

52Paragraph 3(8) of Schedule 6 to the Commonhold and Leasehold...

53Section 127(6) of the Enterprise Act 2002 (c. 40) (associated...

54Section 242(2) of the Income Tax (Earnings and Pensions) Act...

55Section 270A(3)(a) of that Act (limited exemption for qualifying childcare...

56Section 318(3) of that Act (childcare: exemption for employer-provided care)....

57Section 318A(3) of that Act (childcare: limited exemption for other...

58Section 318C(8) of that Act (childcare: meaning of “qualifying child...

59Section 371(7) of that Act (travel costs and expenses where...

60Section 374(9) of that Act (non-domiciled employee's spouse's or child's...

61Section 27(3)(a) and (c) of the Sexual Offences Act 2003...

Section 71(3)(c) of the Agricultural Holdings (Scotland) Act 2003;

Section 254(6)(b) of the Mental Health (Care and Treatment) (Scotland)...

62Section 27(4) of the Human Tissue Act 2004 (c. 30)...

63Section 54(9) of that Act (general interpretation).

SCHEDULE 22References to stepchildren etc. in existing Northern Ireland legislation

1The definition of “member of the family” in section 101...

2Section 1(3)(f) of the Leasehold (Enlargement and Extension) Act (Northern...

3Section 19(1)(a) of that Act (family of a person).

4Section 3(7) of the Pensions (Increase) Act (Northern Ireland) 1971...

5Article 6 of the Employers' Liability (Defective Equipment and Compulsory...

6Article 2(2) of the Fatal Accidents (Northern Ireland) Order 1977...

6AArticle 5(3) of the Pneumoconiosis, etc., (Workers' Compensation) (Northern Ireland)...

7Article 2(5) of the Housing (Northern Ireland) Order 1981 (S.I....

8Article 24(3) of the Housing (Northern Ireland) Order 1983 (S.I....

9The definition of “member of the family” in Article 2(2)...

10Schedule 1 to the Mental Health (Northern Ireland) Order 1986...

11Article 10A of the Companies (Northern Ireland) Order 1986 (S.I....

12Article 211(1) of that Order (notification of family and corporate...

13Article 335(2) of that Order (extension of Article 331 to...

14Article 336(8) of that Order (extension of Article 332 to...

15Article 354(2) of that Order (“connected persons”).

16Article 423(8) of that Order (associates).

17Article 4(8) of the Insolvency (Northern Ireland) Order 1989 (S.I....

18Article 54(2)(a) of the Companies (Northern Ireland) Order 1990 (S.I....

19Article 2(4) of the Registered Homes (Northern Ireland) Order 1992...

20The definition of “relative” in Article 2(2) of the Children...

21Article 196(1) of the Employment Rights (Northern Ireland) Order 1996...

22The definition of “relative” in Article 2(2) of the Family...

23Article 3(2) of the Housing (Northern Ireland) Order 2003 (S.I....

24The definition of “relative” in Article 2(2) of the Firearms...

25Section 4(3) of the Workmen's Compensation Act (Northern Ireland) 1927...

26Article 5(3) of the Pneumoconiosis, etc., (Workers' Compensation) (Northern Ireland)...

SCHEDULE 23Immigration control and formation of civil partnerships

Part 1Introduction

Application of Schedule

1(1) This Schedule applies if— (a) two people wish to...

The qualifying condition

2(1) For the purposes of this Schedule the qualifying condition,...

Part 2England and Wales

Application of this Part

3This Part of this Schedule applies if the civil partnership...

Procedure for giving notice of proposed civil partnership

4(1) Each notice of proposed civil partnership under Chapter 1...

5The necessary declaration under section 8 must include a statement...

Recording of notice

6(1) The fact that a notice of proposed civil partnership...

Supplementary

7(1) Part 2 of this Act has effect in any...

Application of this Part

8This Part of this Schedule applies if the civil partnership...

Procedure for giving notice of proposed civil partnership

9(1) Notice under section 88— (a) may be submitted to...

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

10(1) Where the district registrar to whom notice is submitted...

Supplementary

11(1) Part 3 of this Act has effect in any...

Part 4Northern Ireland

Application of this Part

12This Part of this Schedule applies if the civil partnership...

Procedure for giving civil partnership notices

13(1) The civil partnership notices must be given—

Accompanying statement as to the qualifying condition

14A civil partnership notice given by a person subject to...

Civil partnership notice book and civil partnership schedule

15(1) No action must be taken under section 140(1) or...

Supplementary

16(1) Part 4 of this Act has effect in any...

Part 5Regulations

17Any power to make regulations under this Schedule is exercisable...

SCHEDULE 24Social security, child support and tax credits

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

1In section 8 (role of the courts with respect to...

2In section 15 (powers of inspectors), in subsection (7)—

3In section 55 (meaning of “child”), in subsection (2)—

4For paragraph 6(5)(b) (as originally enacted) of Schedule 1 (maintenance...

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

6In paragraph 10C of that Schedule (as substituted by section...

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

7In Article 3 (meaning of “child”), in paragraph (2)—

8In Article 10 (role of the courts with respect to...

9In Article 17 (powers of inspectors), in paragraph (7)—

10For paragraph 6(5)(b) (as originally enacted) of Schedule 1 (maintenance...

11After paragraph 6(5) (as originally enacted) of that Schedule insert—...

12In paragraph 10C of that Schedule (as substituted by section...

Part 3Amendments of the Social Security Contributions and Benefits Act 1992 (c. 4)

13In section 20 (descriptions of contributory benefits), in subsection (1)(f)(ii),...

14In section 30A (incapacity benefit: entitlement), in subsection (2)(b)(ii), after...

15In section 30B (incapacity benefit: rate), in subsection (3)(a), after...

16(1) Amend section 36 (bereavement payment) as follows.

17In section 36A (cases in which sections 37 to 41...

18(1) Amend section 37 (widowed mother’s allowance) as follows.

19(1) Amend section 38 (widow’s pension) as follows.

20(1) Amend section 39A (widowed parent’s allowance) as follows.

21(1) Amend section 39B (bereavement allowance where no dependent children)...

22In section 39C (rate of widowed parent’s allowance and bereavement...

23In section 46 (modifications of section 45 for calculating the...

24(1) Amend section 48 (use of former spouse’s contributions) as...

25(1) Amend section 48A (category B retirement pension for married...

26(1) Amend section 48B (category B retirement pension for widows...

27(1) Amend section 48BB (category B retirement pension: entitlement by...

28(1) Amend section 51 (category B retirement pension for widowers)...

29In section 51A (special provision for married people), in subsection...

30In section 52 (special provision for surviving spouses), in subsection...

31In section 60 (complete or partial failure to satisfy contributions...

32In section 61A (contributions paid in error), in subsection (3)—...

33In section 62 (graduated retirement benefit), after subsection (1)(aa) insert—...

34In section 77 (guardian’s allowance)— (a) in subsection (6)(a)(ii), after...

35In section 82 (short-term benefit: increase for adult dependants)—

36In section 83A (pension increase for spouse)—

37(1) Amend section 85 (pension increase: person with care of...

38In section 113 (general provisions as to disqualification and suspension),...

39In section 114 (persons maintaining dependants etc.)—

40After subsection (1)(a) of section 121 (treatment of certain marriages)...

41(1) Amend section 122 (interpretation of Parts 1 to 6...

42In section 124 (income support), in subsection (1)(c), (f) and...

43In section 126 (trade disputes), in subsection (3)(b), (c) and...

44In section 127 (effect of return to work), for “married...

45In section 132 (couples), in subsection (1), for “married or...

46(1) Amend section 137 (interpretation of Part 7 and supplementary...

47In section 143 (meaning of “person responsible for child”), in...

48(1) Amend section 145A (entitlement after death of child) as...

49(1) Amend section 150 (interpretation of Part 10) as follows....

50In section 171ZL (entitlement to statutory adoption pay), in subsection...

51(1) Amend Schedule 4A (additional pension) as follows.

52(1) Amend Schedule 7 (industrial injuries benefits) as follows.

53(1) Amend Schedule 8 (industrial injuries and diseases: old cases)...

54In Schedule 9 (exclusions from entitlement to child benefit), in...

Part 4Amendments of the Social Security Administration Act 1992 (c. 5)

55In section 2AA (full entitlement to certain benefits conditional on...

56In section 3 (late claims for bereavement benefit where death...

57(1) Amend section 15A (payment out of benefit of sums...

58(1) Amend section 71 (overpayments – general) as follows.

59In section 73 (overlapping benefits – general), in subsections (2)(b)...

60In section 74A (payment of benefit where maintenance payments collected...

61(1) Amend section 78 (recovery of social fund awards) as...

62In section 105 (failure to maintain – general), in subsection...

63(1) Amend section 107 (recovery of expenditure on income support:...

64In section 109B (power to require information), in subsection (5)(a),...

65In section 139 (arrangement for community charge benefits), in subsection...

66In section 156 (up-rating under section 150 of pensions increased...

Part 5Amendments of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7)

67In section 20 (descriptions of contributory benefits), in subsection (1)(f)(ii),...

68In section 30A (incapacity benefit: entitlement), in subsection (2)(b)(ii), after...

69In section 30B (incapacity benefit: rate), in subsection (3)(a), after...

70(1) Amend section 36 (bereavement payment) as follows.

71In section 36A (cases in which sections 37 to 41...

72(1) Amend section 37 (widowed mother’s allowance) as follows.

73(1) Amend section 38 (widow’s pension) as follows.

74(1) Amend section 39A (widowed parent’s allowance) as follows.

75(1) Amend section 39B (bereavement allowance where no dependent children)...

76In section 39C (rate of widowed parent’s allowance and bereavement...

77In section 46 (modifications of section 45 for calculating the...

78(1) Amend section 48 (use of former spouse’s contributions) as...

79(1) Amend section 48A (category B retirement pension for married...

80(1) Amend section 48B (category B retirement pension for widows...

81(1) Amend section 48BB (category B retirement pension: entitlement by...

82(1) Amend section 51 (category B retirement pension for widowers)...

83In section 51A (special provision for married people), in subsection...

84In section 52 (special provision for surviving spouses), in subsection...

85In section 60 (complete or partial failure to satisfy contribution...

86In section 61A (contributions paid in error), in subsection (3)—...

87In section 62 (graduated retirement benefit), after subsection (1)(aa) insert—...

88In section 77 (guardian’s allowance)— (a) in subsection (6)(a)(ii), after...

89In section 82 (short-term benefit: increase for adult dependants)—

90In section 83A (pension increase for spouse)—

91(1) Amend section 85 (pension increase (person with care of...

92In section 113 (general provisions as to disqualification and suspension),...

93In section 114 (persons maintaining dependants etc.)—

94In section 120 (treatment of certain marriages), after subsection (1)(a)...

95(1) Amend section 121 (interpretation of Parts 1 to 6...

96In section 123 (income support), in subsection (1)(c), (f) and...

97In section 125 (trade disputes), in subsection (3)(b), (c) and...

98In section 126 (effect of return to work), for “married...

99(1) Amend section 133 (interpretation of Part 7 and supplementary...

100In section 139 (meaning of “person responsible for child”), in...

101(1) Amend section 141A (entitlement after death of child) as...

102(1) Amend section 146 (interpretation of Part 10) as follows....

103In section 167ZL (entitlement to statutory adoption pay), in subsection...

104(1) Amend Schedule 4A (additional pension) as follows.

105(1) Amend Schedule 7 (industrial injuries benefits) as follows.

106In Schedule 9 (exclusions from entitlement to child benefit), in...

Part 6Amendments of the Social Security Administration (Northern Ireland) Act 1992 (c. 8)

107In section 2AA (full entitlement to certain benefits conditional on...

108In section 3 (late claims for bereavement benefit where death...

109(1) Amend section 13A (payment out of benefit of sums...

110(1) Amend section 69 (overpayments – general) as follows.

111In section 71 (overlapping benefits – general), in subsections (2)(b)...

112In section 72A (payment of benefit where maintenance payments collected...

113(1) Amend section 74 (recovery of social fund awards) as...

114In section 100 (failure to maintain – general), in subsection...

115In section 102 (recovery of expenditure on income support: additional...

116In section 103B (power to require information), in subsection (5)(a),...

117In section 136 (up-rating under section 132 of pensions increased...

Part 7Amendments of the Jobseekers Act 1995 (c. 18)

118In section 1 (the jobseeker’s allowance), in subsection (4), in...

119In section 3 (the income-based conditions), in subsection (1)(dd) and...

120In section 15 (effect on other claimants), in subsection (2)(b),...

121In section 15A (trade disputes: joint-claim couples), in subsection (5)(c),...

122In section 23 (recovery of sums in respect of maintenance),...

123In section 31 (termination of awards), in subsections (1) and...

124(1) Amend section 35 (interpretation) as follows.

125In Schedule 1 (supplementary provisions), in paragraph 9C(1), for “married...

Part 8Amendments of the Child Support Act 1995 (c. 34)

126(1) Amend subsection (7) of section 10 (the child maintenance...

127After section 10(7) insert— (7A) For the purposes of this...

Part 9Amendments of the Child Support (Northern Ireland) Order 1995 (S.I. 1995/ 2702 (N.I. 13))

128(1) Amend paragraph (7) of Article 4 (the child maintenance...

129After that paragraph insert— (7A) For the purposes of this...

Part 10Amendments of the Jobseekers (Northern Ireland) Order 1995 (S.I. 1995/2705 (N.I. 15))

130(1) Amend Article 2 (interpretation) as follows.

131In Article 3 (the jobseeker’s allowance), in paragraph (4), in...

132In Article 5 (the income-based conditions), in paragraphs (1)(dd) and...

133In Article 17 (effect on other claimants), in paragraph (2)(b),...

134In Article 17A (trade disputes: joint-claim couples), in paragraph (5)(c),...

135In Article 25 (recovery of sums in respect of maintenance),...

136In Article 32 (termination of awards), in paragraphs (1) and...

137In Schedule 1 (supplementary provisions), in paragraph 9C(1), for “married...

Part 11Amendments of the Social Security Act 1998 (c. 14)

138(1) Amend section 72 (power to reduce child benefit for...

Part 12Amendments of the Social Security (Northern Ireland) Order 1998 (S.I. 1998/ 1506 (N.I. 10))

139(1) Amend Article 68 (power to reduce child benefit for...

Part 13Amendments of the State Pension Credit Act 2002 (c. 16)

140In sections 2(5)(a) and (8)(b), 3(1)(b), 4(1), 5, 6(3)(c)(ii) and...

141In section 2(5)(b), for “such a couple” substitute “ a...

142(1) Amend subsection (1) of section 17 (other interpretation provisions)...

143After section 17(1) insert— (1A) For the purposes of this...

Part 14Amendments of the Tax Credits Act 2002 (c. 21)

144(1) Amend section 3 (claims) as follows.

145In sections 4(1)(g), 11(6)(b) and (c), 17(10)(b), 24(2) and 32(6),...

146In sections 4(1)(g) and 17(10)(b), for “the married couple or...

147(1) Renumber section 48 (interpretation) as subsection (1) of that...

Part 15Amendments of the State Pension Credit Act (Northern Ireland) 2002 (c. 14 (N.I.))

148In sections 2(5)(a) and (8)(b), 3(1)(b), 4(1), 5, 6(3)(c)(ii) and...

149In section 2(5)(b), for “such a couple” substitute “ a...

150(1) Amend subsection (1) of section 17 (other interpretation provisions)...

151After section 17(1) insert— (1A) For the purposes of this...

SCHEDULE 25Amendment of certain enactments relating to pensions

Fire Services Act 1947 (c. 41)

1In section 26 (firemen’s pension scheme), in subsections (1) and...

House of Commons Members' Fund Act 1948 (c. 36)

2In section 4 (provision for cases of special hardship), in...

Parliamentary and other Pensions Act 1972 (c. 48)

3In section 27 (pensions for dependants of Prime Minister or...

Theatres Trust Act 1976 (c. 27)

4In section 3 (employment of staff), in subsection (d)(iii) (power...

SCHEDULE 26Amendment of certain enactments relating to the armed forces

Greenwich Hospital Act 1865 (c. 89)

1In section 5 (power to appoint pensions to officers, etc.),...

Navy and Marines (Property of Deceased) Act 1865 (c. 111)

2In section 4 (disposal of residue belonging to deceased person...

Pensions Commutation Act 1871 (c. 36)

3(1) In section 4 (power to Treasury to commute pensions),...

Greenwich Hospital Act 1883 (c. 32)

4In section 2 (power to grant pensions, allowances, and gratuities),...

Pensions and Yeomanry Pay Act 1884 (c. 55)

5In section 4 (distribution of money not exceeding £5,000 without...

Regimental Debts Act 1893 (c. 5)

6In section 10 (application of residue undisposed of), in subsection...

7In section 24 (application of Act to cases of insanity),...

Naval Medical Compassionate Fund Act 1915 (c. 28)

8In section 1 (power by Order in Council to regulate...

Naval and Military War Pensions, &c., (Administrative Expenses) Act 1917 (c. 14)

9(1) In section 5 (alteration of purposes for which voluntary...

War Pensions (Administrative Provisions) Act 1919 (c. 53)

10In section 8 (appeals to Pensions Appeal Tribunals), in subsection...

War Pensions Act 1920 (c. 23)

11In section 7 (restoration of forfeited pensions), in subsection (2),...

12In section 8 (statutory right of widow or dependant to...

Admiralty Pensions Act 1921 (c. 39)

13In section 2 (restoration of forfeited pension), in subsection (2),...

Greenwich Hospital Act 1942 (c. 35)

14(1) In section 1 (extension of powers to grant pensions...

Pensions Appeal Tribunals Act 1943 (c. 39)

15In section 1 (appeals against rejection of war pension claims...

Greenwich Hospital Act 1947 (10 & 11 Geo. 6 c. 5)

16In section 2 (extension of power to grant pensions, etc.),...

Polish Resettlement Act 1947 (c. 19)

17In section 1 (power to apply Royal Warrant as to...

18In section 2 (allowances from the Assistance Board), in subsection...

Naval Forces (Enforcement of Maintenance Liabilities) Act 1947 (c. 24)

19(1) Amend section 1 (deduction from pay in respect of...

Royal Patriotic Fund Corporation Act 1950 (c. 10)

20In section 1 (extension of objects of soldiers' effects fund),...

Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (c. 65)

21In section 23(1) (interpretation of Part 2)—

22In paragraph (a) of section 25(6) (meaning of “dependant”), for...

23In section 27(5) (interpretation of section), for “wife” (in each...

24In section 38(5) (interpretation of section), for “wife” (in each...

25(1) Amend section 46 (general provisions as to payments to...

26In section 52(2)(a) (“service pay” includes marriage etc. allowances), after...

27(1) Amend Schedule 3 (financial provisions consequential on treating a...

Army Act 1955 (3 & 4 Eliz. 2 c. 18)

28(1) Section 150 (enforcement of maintenance and affiliation orders by...

29In section 151 (deductions from pay for maintenance of wife...

Air Force Act 1955 (3 & 4 Eliz. 2 c. 19)

30(1) Section 150 (enforcement of maintenance and affiliation orders by...

31In section 151 (deductions from pay for maintenance of wife...

Naval Discipline Act 1957 (c. 53)

32(1) Section 101 (service of proceedings for maintenance etc.) is...

Courts-Martial (Appeals) Act 1968 (c. 20)

33In section 48A (appeals on behalf of deceased persons), in...

SCHEDULE 27Minor and consequential amendments: general

Explosive Substances Act 1883 (c. 3)

1In section 6 (inquiry by Attorney-General, and apprehension of absconding...

Partnership Act 1890 (c. 39)

2In section 2 (rules for determining existence of partnership), in...

Law of Distress Amendment Act 1908 (c. 53)

3In section 4(1) (exclusion of certain goods), after “husband or...

Census Act 1920 (c. 41)

4In the Schedule (matters in respect of which particulars may...

Trustee Act 1925 (c. 19)

5(1) Amend section 31(2)(i) (trust on reaching 18 or marrying...

6In section 33(1)(ii)(a) and (b) (trust to maintain principal beneficiary...

Law of Property Act 1925 (c. 20)

7In section 205(1)(xxi) (which defines “valuable consideration” as including marriage),...

Judicial Proceedings (Regulation of Reports) Act 1926 (c. 61)

8(1) Amend section 1 (restriction on publication of reports of...

Population (Statistics) Act 1938 (c. 12)

9In the Schedule (particulars which may be required), in paragraph...

Landlord and Tenant (Requisitioned Land) Act 1942 (c. 13)

10In section 13(1) (definition of “member of the family”), after...

Limitation (Enemies and War Prisoners) Act 1945 (c. 16)

11In section 2 (interpretation), in the definition of “statute of...

Statistics of Trade Act 1947 (c. 39)

12In section 10 (information from persons entering or leaving the...

Marriage Act 1949 (c. 76)

13(1) Amend section 1 (marriages within prohibited degrees) as follows....

14In section 27 (notice of marriage), in subsection (3), for...

15In section 28A (power to require evidence), for subsection (3)...

16In section 78(1) (interpretation), in the definition of “child”, after...

17For Schedule 1 (kindred and affinity) substitute— SCHEDULE 1 Kindred...

Maintenance Orders Act 1950 (c. 37)

18(1) Amend section 16 (application of Part 2) as follows....

Births and Deaths Registration Act 1953 (c. 20)

19In section 41 (interpretation), in the definition of “relative”, after...

Pharmacy Act 1954 (c. 61)

20In section 17(c) (benevolent fund: distressed relatives eligible for relief),...

Registration of Births, Deaths and Marriages (Special Provisions) Act 1957 (c. 58)

21In section 1 (records of deaths, births and marriages among...

Maintenance Orders Act 1958 (c. 39)

22(1) Amend section 4 (variation of orders registered in magistrates'...

Offices, Shops and Railway Premises Act 1963 (c. 41)

23In section 2 (exception for premises in which only employer’s...

Industrial and Provident Societies Act 1965 (c. 12)

24(1) Amend section 23 (nomination to property in society) as...

25In section 25 (provision for intestacy), in subsection (2), after...

Criminal Appeal Act 1968 (c. 19)

26In section 44A (appeals in cases of death), in subsection...

Theft Act 1968 (c. 60)

27(1) Amend section 30 (husband and wife) as follows.

28In section 31 (effect on civil proceedings and rights), in...

Domestic and Appellate Proceedings (Restriction of Publicity) Act 1968 (c. 63)

29(1) Amend section 2 (restriction of publicity for certain matrimonial...

Civil Evidence Act 1968 (c. 64)

30In section 14 (privilege against incrimination of self or spouse)—...

Gaming Act 1968 (c. 65)

31In Schedule 2 (grant, renewal, cancellation and transfer of licences),...

Medicines Act 1968 (c. 67)

32In section 114 (supplementary provisions as to rights of entry...

Employers' Liability (Compulsory Insurance) Act 1969 (c. 57)

33In section 2(2)(a) (persons whom employer is not required to...

Administration of Justice Act 1970 (c. 31)

34In Schedule 8 (meaning of “maintenance order” in Part 2...

Attachment of Earnings Act 1971 (c. 32)

35In Schedule 1 (maintenance orders to which the 1971 Act...

Criminal Damage Act 1971 (c. 48)

36In section 9 (evidence in connection with offences under the...

Immigration Act 1971 (c. 77)

37In section 5(4) (members of another’s family for purposes of...

Local Government Act 1972 (c. 70)

38In section 95 (pecuniary interests for purposes of section 94),...

39In section 96 (general notices and recording of disclosures for...

Matrimonial Causes Act 1973 (c. 18)

40In section 11 (grounds on which marriage is void), at...

41(1) Amend section 14 (marriages governed by foreign law or...

42In section 24A (orders for sale of property), in subsection...

43(1) Amend section 28 (duration of continuing financial provision orders...

44In section 35 (alteration of agreements by court during lives...

45(1) Amend section 38 (orders for repayment in certain cases...

46In section 52 (interpretation), after subsection (3), insert —

Fair Trading Act 1973 (c. 41)

47In section 30 (offences in connection with exercise of powers...

Slaughterhouses Act 1974 (c. 3)

48In section 10 (temporary continuance of licence on death), for...

Health and Safety at Work etc. Act 1974 (c. 37)

49In section 20 (powers of inspectors), in subsection (7), for...

Consumer Credit Act 1974 (c. 39)

50In section 165 (obstruction of authorised officers), in subsection (3),...

51(1) Amend section 184 (associates) as follows.

Friendly Societies Act 1974 (c. 46)

52(1) Amend section 66 (power of member to nominate person...

Rehabilitation of Offenders Act 1974 (c. 53)

53In section 7 (limitations on rehabilitation under the 1974 Act,...

Sex Discrimination Act 1975 (c. 65)

54In section 82(5) (general interpretation: meaning of “near relative”)

Race Relations Act 1976 (c. 74)

55In section 78(5) (general interpretation: meaning of “near relative”)—

Criminal Law Act 1977 (c. 45)

56In section 2 (exemptions from liability for conspiracy), in subsection...

Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22)

57In section 4 (duration of orders for financial provision for...

58(1) Amend section 35 (orders for repayment in certain cases...

Interpretation Act 1978 (c. 30)

59At the appropriate place in Schedule 1 (words and expressions...

Protection of Children Act 1978 (c. 37)

60In section 1A (marriage and other relationships), in subsections (1)(a)...

Credit Unions Act 1979 (c. 34)

61(1) Amend section 31(1) (interpretation) as follows.

Estate Agents Act 1979 (c. 38)

62In section 27 (obstruction and personation of authorised officers), in...

63(1) Amend section 32 (associates) as follows.

Magistrates' Courts Act 1980 (c. 43)

64In section 59 (orders for periodical payments: means of payment),...

65(1) Amend section 65 (meaning of family proceedings) as follows....

Disused Burial Grounds (Amendment) Act 1981 (c. 18)

66In section 9 (interpretation), in the definition of “relative”, for...

Forgery and Counterfeiting Act 1981 (c. 45)

67In section 5 (offences relating to money orders, share certificates,...

Supreme Court Act 1981 (c. 54)

68In section 18(1) (restrictions on appeals to Court of Appeal),...

69(1) Amend section 72 (withdrawal of privilege against incrimination of...

70In paragraph 3 of Schedule 1 (business assigned to Family...

British Nationality Act 1981 (c. 61)

71In section 3(6)(a) (registration as British citizen of minor whose...

72In section 6(2) (naturalisation of person married to British citizen),...

73In section 10(2)(b) (registration as British citizen after pre-1983 renunciation...

74In section 12(5) (renunciation: persons who have married deemed of...

75In section 17(6)(a) (registration as British overseas territories citizen of...

76In section 18(2) (naturalisation of person married to a British...

77In section 22(2)(b) (naturalisation as British overseas territories citizen after...

78(1) Amend paragraphs 4(d) and 8(d) of Schedule 1 (requirements...

Forfeiture Act 1982 (c. 34)

79In section 3 (application for financial provision not affected by...

Representation of the People Act 1983 (c. 2)

80(1) Amend section 14 (service qualification) as follows.

81In section 16 (contents of service declaration), for “wife or...

82In section 59 (supplemental provisions as to members of forces...

83In section 61 (other voting offences), in subsection (4), for...

84In section 141 (duty to answer relevant questions), in subsections...

85(1) Amend Schedule 1 (parliamentary elections rules) as follows.

Mental Health Act 1983 (c. 20)

86In— (a) section 12 (general provisions as to medical recommendations),...

Mobile Homes Act 1983 (c. 34)

87In section 3(3) (succession to agreements to which Act applies),...

88In section 5(3) (meaning of “member of another’s family”)—

Dentists Act 1984 (c. 24)

89In section 41(4) (family or representatives may carry on deceased...

Matrimonial and Family Proceedings Act 1984 (c. 42)

90(1) Amend section 12 (applications for financial relief after overseas...

91In section 32 (meaning of “family business” etc.), after the...

92After section 36 insert— Jurisdiction of county courts in civil...

93For section 38(3) (transfer of family proceedings from High Court...

94In section 39(2) (family proceedings transferable to the High Court),...

95In section 40(4)(b) (enforcement in High Court of orders of...

96(1) Amend section 42 (county court proceedings in principal registry...

Police and Criminal Evidence Act 1984 (c. 60)

97(1) Amend section 80 (compellability of accused’s spouse) as follows....

98In section 80A (rule where accused’s spouse not compellable)—

Companies Act 1985 (c. 6)

99In section 203 (notification of family and corporate interests), in...

100(1) Amend section 327 (extension of section 323 to spouses...

101(1) Amend section 328 (extension of section 324 to spouses...

102In section 346 (connected persons) in subsection (2)—

103In section 430E (associates), in subsection (8) after “spouse” insert...

104(1) Amend section 742A (meaning of “offer to the public”)...

105In Schedule 7 (matters to be dealt with in directors'...

Enduring Powers of Attorney Act 1985 (c. 29)

106In section 3 (scope of authority etc. of attorney under...

107In Schedule 1 (notification prior to registration of instrument creating...

108Paragraphs 106 and 107 apply in relation to the exercise...

Food and Environment Protection Act 1985 (c. 48)

109In Schedule 2 (officers and their powers), in paragraph 2A(4),...

Child Abduction and Custody Act 1985 (c. 60)

110In section 24A (power to order disclosure of child’s whereabouts),...

Airports Act 1986 (c. 31)

111In section 20 (powers of investment and disposal in relation...

Insolvency Act 1986 (c. 45)

112In section 215 (proceedings under sections 213, 214), in subsection...

113In section 283A (bankrupt’s home ceasing to form part of...

114In section 313 (charge on bankrupt’s home), in subsection (1),...

115In section 313A (low value home: application for sale, possession...

116In section 329 (debts to spouse), in subsection (1), after...

117In section 332 (saving for bankrupt’s home), in subsection (1),...

118In section 335A (rights under trusts of land), in subsection...

119In section 339 (transactions at an undervalue), in subsection (3)(b),...

120In section 366 (inquiry into bankrupt’s dealings and property), in...

121In section 423 (transactions defrauding creditors), in subsection (1)(b), after...

122(1) Amend section 435 (meaning of “associate”) as follows.

Building Societies Act 1986 (c. 53)

123In section 70 (interpretation), in— (a) subsection (2)(a) and (c),...

Family Law Act 1986 (c. 55)

124In section 33 (power to order disclosure of child’s whereabouts),...

125In section 50 (non-recognition of divorce or annulment in another...

Consumer Protection Act 1987 (c. 43)

126In section 47 (savings for certain privileges), in subsection (2),...

Criminal Justice Act 1988 (c. 33)

127In section 160A (marriage and other relationships), in subsections (1)(a)...

Companies Act 1989 (c. 40)

128In section 52 (meaning of “associate”), in subsection (2)(a) after...

Children Act 1989 (c. 41)

129(1) Amend section 8 (residence, contact and other orders with...

130In section 48 (powers to assist in discovery of children...

131In section 50 (recovery of abducted children etc.), in subsection...

132In section 98 (self-incrimination), in subsections (1) and (2), after...

Local Government and Housing Act 1989 (c. 42)

133In section 19 (members' interests) in subsection (7), after “spouse”...

134In section 69 (companies subject to local authority influence), in...

Opticians Act 1989 (c. 44)

135In section 29(1) (family or representatives may use deceased optician’s...

Food Safety Act 1990 (c. 16)

136In section 43 (continuance of registration or licence on death)...

Courts and Legal Services Act 1990 (c. 41)

137In section 10 (family proceedings in magistrates' courts and related...

138In section 58A (conditional fee agreements: supplementary), omit “and” at...

Broadcasting Act 1990 (c. 42)

139In paragraph 1(2) of Part 1 of Schedule 2 (restrictions...

Local Government Finance Act 1992 (c. 14)

140(1) In section 9(1)(a) (joint and several liability for council...

Friendly Societies Act 1992 (c. 40)

141In section 77 (information on appointed actuary to be annexed...

142In section 119A (meaning of “associate”), in subsection (1)(a), after...

143In Schedule 2 (the activities of a friendly society), in...

Trade Union and Labour Relations Act 1992 (c. 52)

144In section 23 (restriction on enforcement of awards against certain...

145In section 241 (intimidation or annoyance by violence or otherwise),...

146In section 292 (death of employee or employer), in subsection...

Charities Act 1993 (c. 10)

147In Schedule 5 (meaning of “connected person” for purposes of...

Pension Schemes Act 1993 (c. 48)

148In section 101E(1)(b) after “or widower” insert “ or surviving...

Pension Schemes (Northern Ireland) Act 1993 (c. 49)

149In section 97E(1)(b) after “or widower” insert “ or surviving...

Disability Discrimination Act 1995 (c. 50)

150(1) In section 23 (exemption for small dwellings), amend subsection...

Employment Rights Act 1996 (c. 18)

151In section 57A (time off for dependants), in subsection (3)(a),...

Family Law Act 1996 (c. 27)

152(1) Amend section 64 (provision for separate representation for children)...

Trusts of Land and Appointment of Trustees Act 1996 (c. 47)

153In paragraph 3 of Schedule 1 (family charges), after “in...

Civil Procedure Act 1997 (c. 12)

154In section 7 (power of courts to make orders for...

National Minimum Wage Act 1998 (c. 39)

155In section 14 (powers of officers), in subsection (2), for...

Access to Justice Act 1999 (c. 22)

156In Schedule 2 (community legal service: excluded services), in paragraph...

Welfare Reform and Pensions Act 1999 (c. 30)

157(1) Amend section 23 (supply of pension information in connection...

158(1) Amend section 24 (charges by pension arrangements in relation...

159(1) Amend section 28 (activation of pension sharing) as follows....

160(1) Amend section 34 (“implementation period”) as follows.

161(1) Amend section 48 (activation of benefit sharing) as follows....

Immigration and Asylum Act 1999 (c. 33)

162After section 24 insert— Duty to report suspicious civil partnerships...

163In section 166 (regulations and orders), in subsection (6)(b) after...

Representation of the People Act 2000 (c. 2)

164(1) Amend Schedule 4 (absent voting in Great Britain) as...

Financial Services and Markets Act 2000 (c. 8)

165In section 422 (controller), in subsection (4)(a), after “spouse” insert...

166In Schedule 11 (offers of securities), in paragraph 16(2), after...

Land Registration Act 2002 (c. 9)

167In section 125 (privilege against self-incrimination), in subsection (2), after...

Enterprise Act 2002 (c. 40)

168In section 127 (associated persons), in subsections (4)(a) and (c)...

169In section 222 (bodies corporate: accessories), in subsection (10), after...

Licensing Act 2003 (c. 17)

170In section 101 (minimum of 24 hours between event periods),...

Local Government Act 2003 (c. 26)

171In paragraph 2(1)(a) of Schedule 4 (spouse of employee of...

Courts Act 2003 (c. 39)

172In section 76 (further provision about scope of Family Procedure...

Sexual Offences Act 2003 (c. 42)

173(1) Amend section 23 (sections 16 to 19: marriage exception)...

174(1) Amend section 28 (sections 25 and 26: marriage exception)...

175(1) Amend section 43 (sections 38 and 41: marriage exception)...

SCHEDULE 28Consequential amendments: Scotland

Part 1Amendments of the Succession (Scotland) Act 1964 (c. 41)

1In section 1(2) (intestacy: saving for legal rights or prior...

2In section 2(1)(e) (intestacy: succession rights of surviving spouse)—

3In section 5(1) (representation on intestacy), for “or spouse” substitute...

4In section 8 (prior rights on intestacy in dwelling house...

5In section 9 (prior right to financial provision on intestacy)—...

6In section 10(2) (calculation of legal rights), for “jus relicti,...

7In section 15(2)(a) (transfer of heritage in satisfaction of claim...

8In section 16(2) (transfer of interest of tenant notwithstanding condition...

9In section 31(1) (presumption of survivorship in respect of claims...

10In section 36(1) (interpretation), in the definition of “prior rights”,...

Part 2Amendments of the Family Law (Scotland) Act 1985 (c. 37)

11In section 1(1) (obligation of aliment), after paragraph (b) insert—...

12(1) Amend section 2 (actions for aliment) as follows.

13In section 6(1) (interim aliment)— (a) in paragraph (a), for...

14(1) Amend section 8 (orders for financial provision) as follows....

15(1) Amend section 9 (principles to be applied in deciding...

16(1) Amend section 10 (sharing of value of matrimonial property)...

17(1) Amend section 11 (factors to be taken into account)...

18(1) Amend section 12 (orders for payment of capital sum...

19(1) Amend section 12A (orders for payment of capital sum:...

20(1) Amend section 13 (orders for periodical allowance) as follows....

21(1) Amend section 14 (incidental orders) as follows.

22(1) Amend section 16 (agreements on financial provision) as follows....

23(1) Amend section 17 (financial provision on declarator of nullity...

24In section 18(1) (orders relating to avoidance transactions), for “party”...

25In section 21 (award of aliment or custody where divorce...

26(1) In section 22 (expenses of action)—

27In section 24(1) (marriage not to affect property rights or...

28(1) Amend section 25 (presumption of equal shares in household...

29In section 26 (presumption of equal shares in money and...

30In section 27(1) (interpretation)— (a) at the appropriate places insert—...

Part 3Amendments of the Bankruptcy (Scotland) Act 1985 (c. 66)

31In section 16(4) (presentation of petition for recall of sequestration),...

32In section 17(8)(b) (duties of clerk of court in relation...

33In section 20(4) (powers of interim trustee in relation to...

34In section 32(3)(b) (the expression “relevant obligations”), at the end...

35In section 34(7) (gratuitous alienations: saving for operation of Married...

36(1) Amend section 40 (power of permanent trustee in relation...

37After section 41 insert— Protection of rights of civil partner...

38In section 44(1)(b) (request for order requiring private examination of...

39In section 51(3)(b) (meaning of “postponed debt”), at the end...

40In section 74 (interpretation), in each of subsections (2) and...

41(1) Amend Schedule 1 (determination of amount of creditor’s claim)...

Part 4Miscellaneous amendments

Damages (Scotland) Act 1976 (c. 13)

42(1) In Schedule 1 (definition of “relative”), amend paragraph 1...

Marriage (Scotland) Act 1977 (c. 15)

43Amend section 3 (notice of intention to marry) as follows—...

44In section 5(4)(b) (ground on which there is a legal...

Presumption of Death (Scotland) Act 1977 (c. 27)

45(1) Amend section 1(3) (jurisdiction of Court of Session to...

46(1) Amend section 3 (effect of decree) as follows.

Administration of Justice Act 1982 (c. 53)

47In section 13(1) (interpretation), in the definition of “relative”, after...

Rent (Scotland) Act 1984 (c. 58)

48In Schedule 1 (statutory tenants by succession)—

49In Schedule 1A (statutory or statutory assured tenants by succession:...

Mental Health (Scotland) Act 1984 (c. 36)

50(1) Amend section 53 (definition of “relative” and “nearest relative”)...

51In section 54 (children and young persons in care of...

Housing Associations Act 1985 (c. 69)

52(1) Amend section 105 (meaning of “member of a person’s...

Debtors (Scotland) Act 1987 (c. 18)

53In section 106 (interpretation), in paragraph (a) of the definition...

Housing (Scotland) Act 1987 (c. 26)

54In section 83 (“members of a person’s family”)—

Civil Evidence (Scotland) Act 1988 (c. 32)

55(1) Amend section 8 (evidence in actions concerning family relationships,...

Housing (Scotland) Act 1988 (c. 43)

56(1) Amend section 31 (right of succession of spouse) as...

57In Part 1 of Schedule 5 (grounds on which sheriff...

Crofters (Scotland) Act 1993 (c. 44)

58In section 61(2) (interpretation), for “or husband” substitute “ ,...

Civil Evidence (Family Mediation) (Scotland) Act 1995 (c. 6)

59In section 1(2) (inadmissibility in civil proceedings of information as...

Children (Scotland) Act 1995 (c. 36)

60(1) Amend section 12 (restrictions on decrees for divorce, separation...

61In section 54(2) (reference to the Principal Reporter by court),...

Sexual Offences (Amendment) Act 2000 (c. 44)

62In section 3(2)(c) (abuse of position of trust: defence), after...

Housing (Scotland) Act 2001 (asp 10)

63In section 31(c) (effect of work on rent)—

64(1) Amend section 108 (meaning of “family” etc.) as follows....

65(1) Amend Schedule 2 (grounds for recovery of possession of...

66In Schedule 3 (succession: qualified persons), in paragraph 2(1)(a)—

Criminal Justice (Scotland) Act 2003 (asp 7)

67(1) Amend section 14 (victim statements) as follows.

Agricultural Holdings (Scotland) Act 2003 (asp 11)

68(1) Amend section 71 (meaning of “family”) as follows.

Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13)

69(1) Amend section 254 (meaning of “nearest relative”) as follows....

70In section 313(5)(a)(ii) (defence in respect of sexual offence), after...

SCHEDULE 29Minor and consequential amendments: Northern Ireland

Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.))

1In section 46 (miscellaneous definitions), in subsection (2), after the...

Trustee Act (Northern Ireland) 1958 (c. 23 (N.I.))

2(1) Amend section 32(3)(a) (trust on reaching 18 or marrying...

3(1) Amend section 34(1)(b) (trust to maintain principal beneficiary and...

Perpetuities Act (Northern Ireland) 1966 (c. 2 (N.I.))

4(1) Amend section 3 (uncertainty as to remoteness) as follows....

5(1) Amend section 5 (condition relating to death of surviving...

Office and Shop Premises Act (Northern Ireland) 1966 (c. 26 (N.I.))

6In section 2 (exception for premises in which only employer’s...

Maintenance and Affiliation Orders Act (Northern Ireland) 1966 (c. 35 (N.I.))

7In section 10 (orders to which Part 2 of the...

8(1) Amend section 13 (variation of orders registered in courts...

Census Act (Northern Ireland) 1969 (c. 8 (N.I.))

9In the Schedule (matters of which particulars may be required),...

Theft Act (Northern Ireland) 1969 (c. 16 (N.I.))

10(1) Amend section 29(1) (effect on civil proceedings and rights)...

Industrial and Provident Societies Act (Northern Ireland) 1969 (c. 24 (N.I.))

11(1) Amend section 22 (nomination to property in society) as...

12In the definition of “member of the family” in section...

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

13In Schedule 11 (matters required to be registered in the...

Leasehold (Enlargement and Extension) Act (Northern Ireland) 1971 (c. 7 (N.I.))

14In section 1 (general right to acquire fee simple or...

15In section 19 (restrictions on right to extension of lease...

Civil Evidence Act (Northern Ireland) 1971 (c. 36 (N.I.))

16(1) Amend section 10 (privilege against incrimination of self or...

Local Government Act (Northern Ireland) 1972 (c. 9 (N.I.))

17In section 30 (relatives of councillors), in subsection (6) (relevant...

18In section 146 (interpretation: pecuniary interests), in subsection (2) (interests...

Employer’s Liability (Defective Equipment and Compulsory Insurance) (Northern Ireland) Order 1972 (S.I. 1972/963 (N.I. 6))

19In Article 6(a) (persons whom employer is not required to...

Births and Deaths Registration (Northern Ireland) Order 1976 (S.I. 1976/1041 (N.I. 14))

20In Article 2(2) (interpretation), in the definition of “relative”, after...

Sex Discrimination (Northern Ireland) Order 1976 (S.I. 1976/1042 (N.I. 15))

21In Article 2(6) (meaning of “near relative”)—

Pharmacy (Northern Ireland) Order 1976 (S.I. 1976/1213 (N.I. 22))

22In Article 3(3)(e)(iii) (objects of Pharmaceutical Society include providing relief...

Criminal Damage (Northern Ireland) Order 1977 (S.I. 1977/426 (N.I. 4))

23(1) Amend Article 11 (evidence in connection with offences under...

Judicature (Northern Ireland) Act 1978 (c. 23)

24In section 31 (remittal and removal of proceedings), in subsection...

25(1) Amend section 35(2) (restrictions on appeals to Court of...

26(1) Amend section 94A (withdrawal of privilege against incrimination of...

Health and Safety at Work (Northern Ireland) Order 1978 (S.I. 1978/1039 (N.I. 9))

27In Article 22 (powers of inspectors), in paragraph (7), for...

Matrimonial Causes (Northern Ireland) Order 1978 (S.I. 1978/1045 (N.I. 15))

28(1) Insert after Article 2(4)— (4A) References in this Order...

29In Article 13 (grounds on which marriage is void), at...

30(1) Amend Article 17 (marriages governed by foreign law or...

31(1) Amend Article 30 (duration of continuing financial provision orders...

32In Article 37 (alteration of agreements by court during lives...

33(1) Amend Article 40 (orders for repayment in certain cases...

Rehabilitation of Offenders (Northern Ireland) Order 1978 (S.I. 1978/1908 (N.I. 27))

34In Article 8 (limitations on rehabilitation), in paragraph (2)(c), after...

Criminal Appeal (Northern Ireland) Act 1980 (c. 47)

35In section 47A (appeals in cases of death), in subsection...

County Courts (Northern Ireland) Order 1980 (S.I. 1980/397 (N.I. 3))

36In Article 10 (general civil jurisdiction), after paragraph (3) insert—...

37In Article 14 (jurisdiction in equity matters), in paragraph (j),...

38In Article 39 (capacity of parties), in paragraph (2)(d), after...

Domestic Proceedings (Northern Ireland) Order 1980 (S.I. 1980/563 (N.I. 5))

39In Article 6 (duration of orders for financial provision for...

40(1) Amend Article 40 (orders for repayment in certain cases...

Judgments Enforcement (Northern Ireland) Order 1981 (S.I. 1981/226 (N.I. 6)

41In Article 4 (judgments to which Order applies), in paragraph...

42In Article 6 (judgments to which Order does not apply),...

43In Article 7 (The Enforcement of Judgments Office), in paragraph...

44In Article 25 (taking custody of goods under a money...

45In Article 32 (property which may be seized), in paragraph...

46In Article 33 (property exempt from seizure), in paragraph (a),...

47In Article 36 (where seizure may be effected), in paragraph...

48In Article 38 (power of entry under order of seizure),...

49In Article 44 (interpleader), in paragraph (1), after “spouse” insert...

50(1) Amend Article 96A (maintenance orders in the High Court...

51(1) Amend Article 98 (power of courts to make attachment...

52(1) Amend Article 107 (committal for default) as follows.

Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 (S.I. 1981/228 (N.I. 8))

53In Article 14(4) (resources of person’s wife or husband treated...

54In Part 1 of Schedule 1 (proceedings for which legal...

Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26))

55In Article 85 (orders for periodical payment: means of payment),...

56In Article 86 (revocation, variation, etc., of orders for periodical...

57In Article 88 (nature of domestic proceedings), after paragraph (dh),...

58In Article 98 (enforcement of orders for periodical payment of...

59In Article 99 (enforcement of orders for payment of money...

60In Article 143 (appeals in other cases), after paragraph (3)...

61In Article 164 (appearance by counsel or solicitor), in paragraph...

Criminal Attempts and Conspiracy (Northern Ireland) Order 1983 (S.I. 1983/1120 (N.I. 13))

62In Article 10 (exemptions from liability for conspiracy), in paragraph...

Forfeiture (Northern Ireland) Order 1982 (S.I. 1982/1082 (N.I. 14))

63In Article 5 (application for financial provision not affected by...

Family Law (Miscellaneous Provisions) (Northern Ireland) Order 1984 (S.I. 1984/1984 (N.I. 14))

64(1) Amend Article 18 (prohibited degrees of relationship) as follows....

Credit Unions (Northern Ireland) Order 1985 (S.I. 1985/1205 (N.I. 12))

65(1) Amend Article 2(2) (interpretation) as follows.

66(1) Amend Article 17 (nomination to property in credit union)...

Mental Health (Northern Ireland) Order 1986 (S.I. 1986/595 (N.I. 4))

67(1) Amend Schedule 1 (persons by whom a medical recommendation...

Companies (Northern Ireland) Order 1986 (S.I. 1986/1032 (N.I. 6))

68(1) Amend Article 10A (meaning of “offer to the public”)...

69In Article 11 (employees' share scheme), in paragraph (b), for...

70In Article 211 (notification of family and corporate interests), in...

71(1) Amend Article 335 (extension of Article 331 to spouses...

72(1) Amend Article 336 (extension of Article 332 to spouses...

73In Article 354 (connected persons) in paragraph (2)—

74In Article 423E (associates), in paragraph (8) after “spouse” insert...

75In Schedule 7 (matters to be dealt with in directors'...

Enduring Powers of Attorney (Northern Ireland) Order 1987 (S.I. 1987/1627 (N.I. 16))

76In Article 5 (scope of authority etc. of attorney under...

77(1) Amend paragraph 2(1) of Schedule 1 (persons entitled to...

78Paragraphs 76 and 77 apply in relation to the exercise...

Matrimonial and Family Proceedings (Northern Ireland) Order 1989 (S.I. 1989/677 (N.I. 4))

79(1) Amend Article 16 (applications for financial relief after overseas...

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

80(1) Amend Article 4 (meaning of “associate”) as follows.

81In Article 179 (proceedings under Article 177 and 178), in...

82In Article 286 (charge on bankrupt’s home), in paragraph (1),...

83(1) Amend Article 302 (debts to spouse) as follows.

84In Article 305 (saving for bankrupt’s home), in paragraph (1),...

85In Article 312 (transactions at an undervalue), in paragraph (3)(b),...

86In Article 337 (inquiry into bankrupt’s dealings and property), in...

87In Article 367 (transactions defrauding creditors), in paragraph (1)(b), after...

Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12))

88(1) Amend Article 79 (compellability of accused’s spouse) as follows....

89In Article 79A (rule where accused’s spouse not compellable)—

Companies (Northern Ireland) Order 1990 (S.I. 1990/593 (N.I. 5))

90In Article 54 (meaning of “associate”), in paragraph (2)(a) after...

Food Safety (Northern Ireland) Order 1991 (S.I. 1991/762 (N.I. 7))

91In Article 42 (continuance of registration or licence on death),...

Industrial Relations (Northern Ireland) Order 1992 (S.I.1992/807 (N.I.5))

92In Article 23 (recovery of sums awarded in proceedings involving...

Pension Schemes (Northern Ireland) Act 1993 (c. 49)

93In section 97E (discharge of liability where pension credit or...

Family Law (Northern Ireland) Order 1993 (S.I. 1993/1576 (N.I. 6))

94(1) In Article 12 (family proceedings rules), amend paragraph (3)(g)...

Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2))

95In Article 8 (residence, contact and other orders with respect...

96In Article 50 (care orders and supervision orders), in paragraph...

97In Article 67 (powers to assist in discovery of children...

98In Article 69 (recovery of abducted children, etc.), in paragraph...

99In Article 166 (appeals), at the end of paragraph (2)(b)...

100In Article 171 (self-incrimination), in paragraph (2), after “spouse” insert...

Trade Union and Labour Relations (Northern Ireland) Order 1995(S.I.1995/1980 (N.I.12))

101In Article 125 (intimidation or annoyance by violence or otherwise),...

Employment Rights (Northern Ireland) Order 1996 (S.I. 1996/1919 (N.I. 16))

102In Article 85A (time off for dependants), in paragraph (3)(a),...

103In Article 248 (institution or continuance of tribunal proceedings), in...

Registration of Clubs (Northern Ireland) Order 1996 (S.I. 1996/3159 (N.I. 23))

104In Schedule 1 (provisions to be included in rules of...

Race Relations (Northern Ireland) Order 1997 (S.I. 1997/869 (N.I. 6))

105In Article 23(7) (exceptions: meaning of “near relative”)—

Fair Employment and Treatment (Northern Ireland) Order 1998 (S.I. 1998/3162 (N.I. 21))

106In Article 30(7) (exceptions: meaning of “near relative”)—

107In Article 69(3)(c) (interpretation: connected person), after “wife or husband”...

Welfare Reform and Pensions (Northern Ireland) Order 1999 (S.I. 1999/3147 (N.I. 11))

108(1) Amend Article 21 (supply of pension information in connection...

109(1) Amend Article 22 (charges by pension arrangements in relation...

110(1) Amend Article 25 (activation of pension sharing) as follows....

111(1) Amend Article 31 (“implementation period”) as follows.

112(1) Amend Article 45 (activation of benefit sharing) as follows....

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

113In Article 85 (meaning of exempt disposal), after paragraph (3)(d)...

Marriage (Northern Ireland) Order 2003 (S.I. 2003/413 (N.I. 3))

114(1) Amend Article 5 (power to require evidence) as follows....

115In Article 6 (objections), in paragraph (6)(b), after “married” insert...

Access to Justice (Northern Ireland) Order 2003 (S.I. 2003/435 (N.I. 10))

116In Article 39 (conditional fee agreements: supplementary), in paragraph (2)...

Firearms (Northern Ireland) Order 2004 (S.I. 2004/702 (N.I. 3))

117In Article 2(2) (interpretation), in the definition of “relative”—

SCHEDULE 30Repeals and revocations

Royal arms

Civil Partnership Act 2004

2004 CHAPTER 33

An Act to make provision for and in connection with civil partnership.

[18th November 2004]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—