The Civil Partnership Act 2004 is amended as follows.

Omit section 6(1)(b) and (2) (prohibition on use of religious premises for registration of civil partnership).

In section 6A (power to approve premises for registration of civil partnership), after subsection (2), insert—

In that section, after subsection (3), insert—

The Minister may by order make the harmonising provision.

If the Minister proposes to make an order under this section, the Minister must consult persons and organisations the Minister thinks are likely to be affected by the harmonising provision.

If, as a result of the consultation under subsection (3), the Minister thinks it appropriate to change the whole or part of the proposal, the Minister must carry out such further consultation with respect to the changes as the Minister thinks appropriate.

The Equality Acts are the Equality Act 2006 and this Act.

The implementing provision is provision made or to be made in exercise of the implementing power in relation to so much of the subject matter of the Equality Acts as implements F1anF2EU obligation.

Relevant subject matter of the Equality Acts is so much of the subject matter of those Acts as does not implement F1anF2EU obligation.

A harmonising provision may amend a provision of the Equality Acts.

The reference to this Act does not include a reference to this section or Schedule 24 or to a provision specified in that Schedule.

Where a person making representations in response to the consultation has requested the Minister not to disclose them, the Minister must not disclose them under subsection (2)(d) if, or to the extent that, to do so would (disregarding any connection with proceedings in Parliament) constitute an actionable breach of confidence.

The Minister may not act under subsection (1) before the end of the period of 12 weeks beginning with the day on which the consultation under section 203(3) begins.

Laying a draft of a statutory instrument in accordance with subsection (1) satisfies the condition as to laying imposed by subsection (8) of section 208, in so far as that subsection applies in relation to orders under section 203.

Part 5 (work) binds the Crown as provided for by that Part.

The remainder of this Act applies to Crown acts as it applies to acts done by a private person.

A statutory body or office is a body or office established by an enactment.

The provisions of Parts 2 to 4 of the Crown Proceedings Act 1947 apply to proceedings against the Crown under this Act as they apply to proceedings in England and Wales which, as a result of section 23 of that Act, are treated for the purposes of Part 2 of that Act as civil proceedings by or against the Crown.

The provisions of Part 5 of that Act apply to proceedings against the Crown under this Act as they apply to proceedings in Scotland which, as a result of that Part, are treated as civil proceedings by or against the Crown.

But the proviso to section 44 of that Act (removal of proceedings from the sheriff to the Court of Session) does not apply to proceedings under this Act.

A power to make an order or regulations under this Act is exercisable by a Minister of the Crown, unless there is express provision to the contrary.

Orders, regulations or rules under this Act must be made by statutory instrument.

Nothing in section 163(4), 174(4) F11, 181A(5), 181B(6) or 182(3) affects the generality of the power under subsection (4)(a).

The power under subsection (4)(b), in its application to section 37, F3139A, 153, 154(2), 155(5), 197 or 216 or to paragraph 7(1) of Schedule 11 or paragraph 1(3) or 2(3) of Schedule 14, includes power to amend an enactment (including, in the case of section F3139A, 197 or 216, this Act).

A statutory instrument containing an Order in Council under section 82 (offshore work) is subject to annulment in pursuance of a resolution of either House of Parliament.

This section applies where the power to make an order or regulations under this Act is exercisable by a Minister of the Crown or the Treasury.

A statutory instrument containing (whether alone or with other provision) an order or regulations that amend this Act or another Act of Parliament, or an Act of the Scottish Parliament or an Act or Measure of the National Assembly for Wales, is subject to the affirmative procedure.

A statutory instrument containing (whether alone or with other provision) an order or regulations mentioned in subsection (5) is subject to the affirmative procedure.

A statutory instrument that is not subject to the affirmative procedure by virtue of subsection (2) or (4) is subject to the negative procedure.

If a statutory instrument is subject to the affirmative procedure, the order or regulations contained in it must not be made unless a draft of the instrument is laid before and approved by a resolution of each House of Parliament.

If a statutory instrument is subject to the negative procedure, it is subject to annulment in pursuance of a resolution of either House of Parliament.

If a draft of a statutory instrument containing an order or regulations under section 2, 151, 153, 154(2) or 155(5) would, apart from this subsection, be treated for the purposes of the Standing Orders of either House of Parliament as a hybrid instrument, it is to proceed in that House as if it were not a hybrid instrument.

This section applies where the power to make an order or regulations under this Act is exercisable by the Welsh Ministers.

A statutory instrument containing (whether alone or with other provision) an order or regulations mentioned in subsection (3) is subject to the affirmative procedure.

A statutory instrument that is not subject to the affirmative procedure by virtue of subsection (2) is subject to the negative procedure.

If a statutory instrument is subject to the affirmative procedure, the order or regulations contained in it must not be made unless a draft of the instrument is laid before and approved by a resolution of the National Assembly for Wales.

If a statutory instrument is subject to the negative procedure, it is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

This section applies where the power to make an order, regulations or rules under this Act is exercisable by the Scottish Ministers.

A statutory instrument containing (whether alone or with other provision) an order or regulations mentioned in subsection (3) is subject to the affirmative procedure.

A statutory instrument that is not subject to the affirmative procedure by virtue of subsection (2) is subject to the negative procedure.

If a statutory instrument is subject to the affirmative procedure, the order or regulations contained in it must not be made unless a draft of the instrument is laid before and approved by a resolution of the Scottish Parliament.

If a statutory instrument is subject to the negative procedure, it is subject to annulment in pursuance of a resolution of the Scottish Parliament.

Schedule 26 (amendments) has effect.

Schedule 27 (repeals and revocations) has effect.

In this Act—

• “armed forces” means any of the naval, military or air forces of the Crown;

• “the Commission” means the Commission for Equality and Human Rights;

• “detriment” does not, subject to subsection (5), include conduct which amounts to harassment;

• “the Education Acts” has the meaning given in section 578 of the Education Act 1996;

• “employment” and related expressions are (subject to subsection (11)) to be read with section 83;

• “enactment” means an enactment contained in—

  1. a

     an Act of Parliament,

  2. b

     an Act of the Scottish Parliament,

  3. c

     an Act or Measure of the National Assembly for Wales, or

  4. d

     subordinate legislation;

• “equality clause” means a sex equality clause or maternity equality clause;

• “equality rule” means a sex equality rule or maternity equality rule;

• “man” means a male of any age;

• “maternity equality clause” has the meaning given in section 73;

• “maternity equality rule” has the meaning given in section 75;

• “non-discrimination rule” has the meaning given in section 61;

• “occupational pension scheme” has the meaning given in section 1 of the Pension Schemes Act 1993;

• “parent” has the same meaning as in—

  1. a

     the Education Act 1996 (in relation to England and Wales);

  2. b

     the Education (Scotland) Act 1980 (in relation to Scotland);

• “prescribed” means prescribed by regulations;

• “profession” includes a vocation or occupation;

• “sex equality clause” has the meaning given in section 66;

• “sex equality rule” has the meaning given in section 67;

• “subordinate legislation” means—

  1. a

     subordinate legislation within the meaning of the Interpretation Act 1978, or

  2. b

     an instrument made under an Act of the Scottish Parliament or an Act or Measure of the National Assembly for Wales;

• “substantial” means more than minor or trivial;

• “trade” includes any business;

• “woman” means a female of any age.

A reference (however expressed) to an act includes a reference to an omission.

A reference (however expressed) to providing or affording access to a benefit, facility or service includes a reference to facilitating access to the benefit, facility or service.

Where this Act disapplies a prohibition on harassment in relation to a specified protected characteristic, the disapplication does not prevent conduct relating to that characteristic from amounting to a detriment for the purposes of discrimination within section 13 because of that characteristic.

A reference to occupation, in relation to premises, is a reference to lawful occupation.

A reference to a breach of an equality clause or rule is a reference to a breach of a term modified by, or included by virtue of, an equality clause or rule.

A reference to a contravention of this Act does not include a reference to a breach of an equality clause or rule, unless there is express provision to the contrary.

“Member”, in relation to an occupational pension scheme, means an active member, a deferred member or a pensioner member (within the meaning, in each case, given by section 124 of the Pensions Act 1995).

“Employer”, “deferred member”, “pension credit member”, “pensionable service”, “pensioner member” and “trustees or managers” each have, in relation to an occupational pension scheme, the meaning given by section 124 of the Pensions Act 1995.

A reference to the accrual of rights under an occupational pension scheme is to be construed in accordance with that section.

Nothing in section 28, 32, 84, 90, 95 or 100 is to be regarded as an express exception.

This section applies for the purposes of this Act.

A reference to a woman on compulsory maternity leave is a reference to a woman absent from work because she satisfies the conditions prescribed for the purposes of section 72(1) of the Employment Rights Act 1996.

A reference to a woman on ordinary maternity leave is a reference to a woman absent from work because she is exercising the right to ordinary maternity leave.

A reference to the right to ordinary maternity leave is a reference to the right conferred by section 71(1) of the Employment Rights Act 1996.

A reference to a woman on additional maternity leave is a reference to a woman absent from work because she is exercising the right to additional maternity leave.

A reference to the right to additional maternity leave is a reference to the right conferred by section 73(1) of the Employment Rights Act 1996.

“Additional maternity leave period” has the meaning given in section 73(2) of that Act.

Part 15 (family property) comes into force on such day as the Lord Chancellor may by order appoint.

F8Subject to F10subsections (4) and (6) , the other provisions of this Act come into force on such day as a Minister of the Crown may by order appoint.

Section 209 does not apply to an order under subsection (6).

This Act forms part of the law of England and Wales.

This Act, apart from section 190 (improvements to let dwelling houses) and Part 15 (family property), forms part of the law of Scotland.