Part 6Relationships arising through civil partnership
C1246Interpretation of statutory references to stepchildren etc.
1
In any provision to which this section applies, references to a stepchild or step-parent of a person (here, “A”), and cognate expressions, are to be read as follows—
A’s stepchild includes a person who is the child of A’s civil partner (but is not A’s child);
A’s step-parent includes a person who is the civil partner of A’s parent (but is not A’s parent);
A’s stepdaughter includes a person who is the daughter of A’s civil partner (but is not A’s daughter);
A’s stepson includes a person who is the son of A’s civil partner (but is not A’s son);
A’s stepfather includes a person who is the civil partner of A’s father (but is not A’s parent);
A’s stepmother includes a person who is the civil partner of A’s mother (but is not A’s parent);
A’s stepbrother includes a person who is the son of the civil partner of A’s parent (but is not the son of either of A’s parents);
A’s stepsister includes a person who is the daughter of the civil partner of A’s parent (but is not the daughter of either of A’s parents).
2
For the purposes of any provision to which this section applies—
“brother-in-law” includes civil partner’s brother,
“daughter-in-law” includes daughter’s civil partner,
“father-in-law” includes civil partner’s father,
“mother-in-law” includes civil partner’s mother,
“parent-in-law” includes civil partner’s parent,
“sister-in-law” includes civil partner’s sister, and
“son-in-law” includes son’s civil partner.
I1247Provisions to which section 246 applies: Acts of Parliament etc.
1
Section 246 applies to—
a
any provision listed in Schedule 21 (references to stepchildren, in-laws etc. in existing Acts),
b
except in so far as otherwise provided, any provision made by a future Act, and
c
except in so far as otherwise provided, any provision made by future subordinate legislation.
2
A Minister of the Crown may by order—
a
amend Schedule 21 by adding to it any provision of an existing Act;
b
provide for section 246 to apply to prescribed provisions of existing subordinate legislation.
3
The power conferred by subsection (2) is also exercisable—
a
by the Scottish Ministers, in relation to a relevant Scottish provision;
b
by a Northern Ireland department, in relation to a provision which deals with a transferred matter;
c
by the National Assembly for Wales, if the order is made by virtue of subsection (2)(b) and deals with matters with respect to which functions are exercisable by the Assembly.
4
Subject to subsection (5), the power to make an order under subsection (2) is exercisable by statutory instrument.
5
Any power of a Northern Ireland department to make an order under subsection (2) is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).
6
A statutory instrument containing an order under subsection (2) made by a Minister of the Crown is subject to annulment in pursuance of a resolution of either House of Parliament.
7
A statutory instrument containing an order under subsection (2) made by the Scottish Ministers is subject to annulment in pursuance of a resolution of the Scottish Parliament.
8
A statutory rule containing an order under subsection (2) made by a Northern Ireland department is subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.))).
9
In this section—
“Act” includes an Act of the Scottish Parliament;
“existing Act” means an Act passed on or before the last day of the Session in which this Act is passed;
“existing subordinate legislation” means subordinate legislation made before the day on which this section comes into force;
“future Act” means an Act passed after the last day of the Session in which this Act is passed;
“future subordinate legislation” means subordinate legislation made on or after the day on which this section comes into force;
“Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975 (c. 26);
“prescribed” means prescribed by the order;
“relevant Scottish provision” means a provision that would be within the legislative competence of the Scottish Parliament if it were included in an Act of that Parliament;
“subordinate legislation” has the same meaning as in the Interpretation Act 1978 (c. 30) except that it includes an instrument made under an Act of the Scottish Parliament;
“transferred matter” has the meaning given by section 4(1) of the Northern Ireland Act 1998 (c. 47) and “deals with” in relation to a transferred matter is to be construed in accordance with section 98(2) and (3) of the 1998 Act.
I2248Provisions to which section 246 applies: Northern Ireland
1
Section 246 applies to—
a
any provision listed in Schedule 22 (references to stepchildren, etc. in Northern Ireland legislation),
b
except in so far as otherwise provided, any provision made by any future Northern Ireland legislation, and
c
except in so far as otherwise provided, any provision made by any future subordinate legislation.
2
The Department of Finance and Personnel may by order—
a
amend Schedule 22 by adding to it any provision of existing Northern Ireland legislation;
b
provide for section 246 to apply to prescribed provisions of existing subordinate legislation.
3
The power to make an order under subsection (2) is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).
4
An order under subsection (2) is subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 (1954 c. 33 (N.I.))).
5
In this section—
“existing Northern Ireland legislation” means Northern Ireland legislation passed or made on or before the last day of the Session in which this Act is passed;
“existing subordinate legislation” means subordinate legislation made before the day on which this section comes into force;
“future Northern Ireland legislation” means Northern Ireland legislation passed or made after the last day of the Session in which this Act is passed;
“future subordinate legislation” means subordinate legislation made on or after the day on which this section comes into force;
“prescribed” means prescribed by the order;
“subordinate legislation” means any instrument (within the meaning of section 1(c) of the Interpretation Act (Northern Ireland) 1954 (1954 c. 33 (N.I.))).