The Civil Partnership Act 2004 (Amendments to Subordinate Legislation) Order 2005

Article 2(1)

SCHEDULE 1 E+W+S AMENDMENTS TO MISCELLANEOUS SUBORDINATE LEGISLATION

Smallholdings (Selection of Tenants) Regulations 1970 E+W+S

1.  In regulation 3 of the Smallholdings (Selection of Tenants) Regulations 1970 M1 —

(a) in paragraph (2), for “widow” substitute “ surviving spouse or surviving civil partner ”;

(b) in paragraph (4)(a), for “wife or husband” insert “ spouse or civil partner ”; and

(c) in paragraph (4), for sub-paragraph (d), substitute—

“(d) any person (not within (b) or (c) above) who, in case of any marriage or civil partnership to which the deceased tenant was at any time a party, was treated by the deceased tenant as a child of the family in relation to that marriage or civil partnership.”.

Marginal Citations

M1 S.I. 1970/1049, amended by S.I. 1976/2001.

Local Authorities' Cemeteries Order 1977 E+W+S

2.  In paragraph 17 of Schedule 3 to the Local Authorities' Cemeteries Order 1977 M2 , for “husband or wife” substitute “ spouse or a civil partner ”.

Marginal Citations

M2 S.I. 1977/204.

Trade Union (Nominations) Regulations 1977 E+W+S

3.—(1) Amend the Trade Union (Nominations) Regulations 1977 M3 as follows.

(2) In regulation 2(6), for “husband, wife” substitute “ spouse or civil partner, ”.

(3) In regulation 3(1), for paragraph (c), substitute “ by the formation of a subsequent marriage or civil partnership by the nominator ”.

(4) In regulation 3(2)—

(a) for “marriage of nominator” substitute “ formation of a subsequent marriage or civil partnership by the nominator ”; and

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

Marginal Citations

M3 S.I. 1977/789, amended by S.I. 1984/1290.

Coroners Rules 1984 E+W+S

4.  In rule 20(2)(a) of the Coroners Rules 1984 M4 , after “spouse,” insert “ civil partner, ”.

Marginal Citations

M4 S.I. 1984/552, amended by S.I. 2005/420.

Customs and Excise (Personal Reliefs for Special Visitors) Order 1992 E+W+S

5.  In articles 16(3) and 22(2) of the Customs and Excise (Personal Reliefs for Special Visitors) Order 1992 M5 , after “spouse” insert “ or civil partner ”.

Marginal Citations

M5 S.I. 1992/3156.

Education (Fees and Awards) Regulations 1997 E+W+S

6.  Amend the Education (Fees and Awards) Regulations 1997 M6 as follows.

(1) In regulation 2—

(a) in paragraph (4), after “spouse” insert “ or his civil partner ”; and

(b) in paragraph (5), after “spouse” insert “ or civil partner ”.

(2) In the Schedule—

(a) in paragraph 2, after “spouse,” insert “ civil partner ”;

(b) in paragraph 3(1), after “spouse” insert “ , civil partner ”; and

(c) in paragraph 7, after “spouse” (in each place) insert “ or civil partner ”.

Marginal Citations

M6 S.I. 1997/1972, to which there are amendments not relevant to this Order.

Good Laboratory Practice Regulations 1999 E+W+S

7.  In regulation 11(2) of the Good Laboratory Practice Regulations 1999 M7 , for “married, his spouse” substitute “ married or a civil partner, his spouse or civil partner ”.

Marginal Citations

M7 S.I. 1999/3106, amended by S.I. 2004/994.

Divorce etc (Pensions) Regulations 2000 E+W+S

8.  In regulation 6(2)(b) of the Divorce etc (Pensions) Regulations 2000 M8 , after “the other party” insert “ , or his having formed a subsequent civil partnership, ”.

Marginal Citations

M8 S.I. 2000/1123, to which there are amendments not relevant to this Order.

Education (Grants etc.) (Dance and Drama) (England) Regulations 2001 E+W+S

9.  In Schedule 1 to the Education (Grants etc.) (Dance and Drama) (England) Regulations 2001 M9 —

(a) in paragraph 4, after “spouse,” insert “ civil partner, ”; and

(b) in paragraph 7, after “spouse” (in each case) insert “ or civil partner ”.

Marginal Citations

M9 S.I. 2001/2857, to which there are amendments not relevant to this Order.

Article 2(2)

SCHEDULE 2 E+W+S AMENDMENTS TO ORDERS OF COUNCIL RELATING TO HEALTH CARE PROFESSIONS

General Chiropractic Council (Registration) Rules Order of Council 1999 E+W+S

1.—(1) Amend the General Chiropractic Council (Registration) Rules, scheduled to the General Chiropractic Council (Registration) Rules Order of Council 1999 M10 , as follows.

(2) For rule 2(3) substitute—

“(3) Two people are to be treated as related by birth, marriage or civil partnership for the purposes of these Rules if—

(a) they are spouses or civil partners of each other; or

(b) one or the spouse or civil partner of one of them bears to the other, spouse or civil partner of the other a relationship of lineal descendant, brother, sister, nephew, niece or first cousin, and

“spouse” for this purpose includes a former spouse and a partner, other than a spouse, of the opposite sex; and

“civil partner” for this purpose includes a former civil partner and a partner, other than a civil partner, of the same sex.”.

(3) In paragraphs (2)(a) and (3) of rule 4 (applications for registration after transitional period), for “birth or marriage” substitute “ birth, marriage or civil partnership ”.

Marginal Citations

M10 S.I. 1999/1856.

General Chiropractic Council (Professional Conduct Committee) Rules Order of Council 2000 E+W+S

2.  In rule 7(3) of the General Chiropractic Council (Professional Conduct Committee) Rules, scheduled to the General Chiropractic Council (Professional Conduct Committee) Rules Order of Council 2000 M11 , after “marriage” insert “ , civil partnership ”.

Marginal Citations

M11 S.I. 2000/3290.

Health Professions Council (Registration and Fees) Rules Order of Council 2003 E+W+S

3.—(1) Amend the Health Professions Council (Registration and Fees) Rules, scheduled to the Health Professions Council (Registration and Fees) Rules Order of Council 2003 M12 , as follows.

(2) In the definition of “relative” in rule 2, after “spouse” (in each place) insert “ or civil partner ”.

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

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

Marginal Citations

M12 S.I. 2003/1572.

Nursing and Midwifery Council (Education, Registration and Registration Appeals) Rules Order of Council 2004 E+W+S

4.  In the definition of “ relative” in rule 6(7) of the Nursing and Midwifery Council (Education, Registration and Registration Appeals) Rules, scheduled to the Nursing and Midwifery Council (Education, Registration and Registration Appeals) Rules Order of Council 2004 M13 , after “spouse” (in each place) insert “ or civil partner ”.

Marginal Citations

M13 S.I. 2004/1767.

Article 2(3)

SCHEDULE 3 E+W+S AMENDMENTS TO SUBORDINATE LEGISLATION RELATING TO THE NATIONAL HEALTH SERVICE

National Health Service (Charges to Overseas Visitors) Regulations 1989 E+W+S

1.  In regulations 4(4), 4A(2) and 5(b) and (e) of the National Health Service (Charges to Overseas Visitors) Regulations 1989 M14 , after “spouse” insert “ , civil partner ”.

Marginal Citations

M14 S.I. 1989/306, amended by S.I. 2005/498.

National Institute for Clinical Excellence Regulations 1999 E+W+S

2.  In regulation 12(5) of the National Institute for Clinical Excellence Regulations 1999 M15 , after “whether married or not” insert “ or civil partners of each other or not ”.

Marginal Citations

M15 S.I. 1999/260, amended by S.I. 2005/498.

Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000 E+W+S

3.  In regulation 11(5) of the Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000 M16 , after “whether married or not” insert “ or civil partners of each other or not ”.

Marginal Citations

M16 S.I. 2000/89, amended by S.I. 2003/1616.

Commission for Patient and Public Involvement in Health (Membership and Procedure) Regulations 2002 E+W+S

4.  In regulation 10(5) of the Commission for Patient and Public Involvement in Health (Membership and Procedure) Regulations 2002 M17 , after “whether married or not” insert “ or civil partners of each other or not ”.

Marginal Citations

M17 S.I. 2002/3038.

Counter Fraud and Security Management Service Regulations 2002 E+W+S

5.  In regulation 10(5) of the Counter Fraud and Security Management Service Regulations 2002 M18 , after “whether married or not” insert “ or civil partners of each other or not ”.

Marginal Citations

M18 S.I. 2002/3040.

Patients' Forums (Membership and Procedure) Regulations 2003 E+W+S

6.  In regulation 11(5) of the Patients' Forums (Membership and Procedure) Regulations 2003 M19 , after “whether married or not” insert “ or civil partners of each other or not ”.

Marginal Citations

M19 S.I. 2003/2123.

National Health Service (Travel Expenses and Remission of Charges) Regulations 2003 E+W+S

7.  In regulation 2 of the National Health Service (Travel Expenses and Remission of Charges) Regulations 2003 M20 , in the definition of “partner” omit “married or an unmarried”.

Marginal Citations

M20 S.I. 2003/2382, amended by S.I. 2004/663, 2004/936, 2005/26, 2005/578.

NHS Professionals Special Health Authority Regulations 2003 E+W+S

8.  In regulation 10(5) of the NHS Professionals Special Health Authority Regulations 2003 M21 , after “whether married or not” insert “ or civil partners of each other or not ”.

Marginal Citations

M21 S.I. 2003/3060.

NHS Direct Regulations 2004 E+W+S

9.  In regulation 10(5) of the NHS Direct Regulations 2004 M22 , after “whether married or not” insert “ or civil partners of each other or not ”.

Marginal Citations

M22 S.I. 2004/570.

NHS Pensions Agency (Asiantaeth Pensiynau'r GIG) Regulations 2004 E+W+S

10.  In regulation 10(5) of the NHS Pensions Agency (Asiantaeth Pensiynau'r GIG) Regulations 2004 M23 , after “whether married or not” insert “ or civil partners of each other or not ”.

Marginal Citations

M23 S.I. 2004/668.

Article 2(4)

SCHEDULE 4 E+W+S AMENDMENTS TO SUBORDINATE LEGISLATION RELATING TO ESTABLISHMENTS AND AGENCIES REGULATED UNDER PART 2 OF THE CARE STANDARDS ACT 2000, AND AMENDMENT OF THE COMMUNITY CARE, SERVICES FOR CARERS AND CHILDREN'S SERVICES (DIRECT PAYMENTS) (ENGLAND) REGULATIONS 2003

PART 1 E+W+S SUBORDINATE LEGISLATION RELATING TO ESTABLISHMENTS AND AGENCIES REGULATED UNDER PART 2 OF THE CARE STANDARDS ACT 2000

Care Homes Regulations 2001 E+W+S

1.—(1) Amend the Care Homes Regulations 2001 M24 as follows.

(2) In regulation 2, in the definition of “relative”—

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

(b) at the end, insert “ or as if they were civil partners ”.

(3) In Schedule 3, in paragraph 3(a), after “marital status” insert “ or civil partnership status ”.

Marginal Citations

M24 S.I. 2001/3965, to which there are amendments not relevant to this Order.

Private and Voluntary Health Care (England) Regulations 2001 E+W+S

2.  In Part 2 of Schedule 3 to the Private and Voluntary Health Care (England) Regulations 2001 M25 , in paragraph 1(a), after “marital status” insert “ or civil partnership status ”.

Marginal Citations

M25 S.I. 2001/3968, to which there are amendments not relevant to this Order.

National Care Standards Commission (Registration) Regulations 2001 E+W+S

3.  In regulation 2 of the National Care Standards Commission (Registration) Regulations 2001 M26 , in the definition of “relative”—

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

(b) at the end, insert “ or as if they were civil partners ”.

Marginal Citations

M26 S.I. 2001/3969, to which there are amendments not relevant to this Order. The functions of the National Care Standards Commission under Part 2 of the Care Standards Act 2000 (c. 14) are transferred either to the Commission for Healthcare Audit and Inspection or to the Commission for Social Care Inspection in accordance with section 102 of the Health and Social Care (Community Health and Standards) Act 2003 (c. 43).

Adult Placement Schemes (England) Regulations 2004 E+W+S

4.—(1) Amend the Adult Placement Schemes (England) Regulations 2004 M27 as follows.

(2) In regulation 2, in the definition of “relative”—

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

(b) at the end, insert “ or as if they were civil partners ”.

(3) In Schedule 4, in paragraph 1(d), after “ marital status” insert “ or civil partnership status ”.

Marginal Citations

M27 S.I. 2004/2071.

PART 2 E+W+S COMMUNITY CARE, SERVICES FOR CARERS AND CHILDREN'S SERVICES (DIRECT PAYMENTS) (ENGLAND) REGULATIONS 2003

5.  In regulation 6(2) of the Community Care, Services for Carers and Children's Services (Direct Payments) (England) Regulations 2003 M28 , after “spouse” (in each place) insert “ or civil partner ”. E+W+S

Marginal Citations

M28 S.I. 2003/762.

Article 2(5)

SCHEDULE 5 E+W+S AMENDMENTS TO SUBORDINATE LEGISLATION RELATING TO FLOOD MANAGEMENT

River Authorities (Compensation) Regulations 1965 E+W+S

1.—(1) Amend the River Authorities (Compensation) Regulations 1965 M29 as follows.

(2) In regulations 24, 25, 26(1), 28 and 36, for “widow” (in each place) substitute “ surviving spouse, surviving civil partner ”.

(3) In regulation 26(2)—

(a) for “widow” (in each place) substitute “ surviving spouse or surviving civil partner ”;

(b) for “her remarriage” substitute “ the formation of a subsequent marriage or civil partnership ”; and

(c) for “husband” substitute “ spouse or civil partner ”.

Marginal Citations

M29 S.I. 1965/836.

Land Drainage (Compensation) Regulations 1977 E+W+S

2.—(1) Amend the Land Drainage (Compensation) Regulations 1977 M30 as follows.

(2) In regulations 12(2), 23, 24, 25(1), 30 and 33(2), for “widow” (in each place) substitute “ surviving spouse, surviving civil partner ”.

(3) In regulation 25(2)—

(a) for “widow” (in each place) substitute “ surviving spouse or surviving civil partner ”;

(b) for “her remarriage” substitute “ the formation of a subsequent marriage or civil partnership ”; and

(c) for “husband” substitute “ spouse or civil partner ”.

(4) In Schedule 1—

(a) for “widow” (in each place) substitute “ surviving spouse or surviving civil partner ”;

(b) for “remarriage” substitute “ the formation of a subsequent marriage or civil partnership ”; and

(c) after “widowhood” (in each place) insert “ or death of civil partner ”

Marginal Citations

M30 S.I. 1977/339.

Article 2(6)

SCHEDULE 6 E+W+S AMENDMENTS TO SUBORDINATE LEGISLATION RELATING TO THE ADMINISTRATION OF ESTATES

Intestate Succession (Interest and Capitalisation) Order 1977 E+W+S

1.—(1) Amend the Intestate Succession (Interest and Capitalisation) Order 1977 M31 as follows.

(2) In article 3(1), (2) and (3), after “surviving spouse” insert “ or civil partner ”.

(3) In Table 1 in the Schedule to the Order—

(a) after “a surviving husband” insert “ or a surviving male civil partner ”; and

(b) after “age last birthday of husband” insert “ or civil partner ”.

(4) In Table 2 in the Schedule to the Order—

(a) after “a surviving wife” insert “ or a surviving female civil partner ”; and

(b) after “age last birthday of wife” insert “ or civil partner ”.

Marginal Citations

M31 S.I. 1977/1491, to which there is an amendment not relevant to this Order.

Non-Contentious Probate Rules 1987 E+W+S

2.—(1) Amend the Non-Contentious Probate Rules 1987 M32 as follows.

(2) In rule 22(1)(a), for “husband or wife” substitute “ spouse or civil partner ”.

(3) In rule 22(4), after “a spouse” insert “ or a civil partner ”.

(4) In the heading to rule 56 and in rule 56(1), after “surviving spouse” insert “ or civil partner ”.

(5) In Form 6 in Schedule 1 to the Rules, after “wife/husband” insert “ /civil partner ”.

Marginal Citations

M32 S.I. 1987/2024, amended by S.I. 1991/1876.

Article 2(7)

SCHEDULE 7 E+W+S AMENDMENTS TO SUBORDINATE LEGISLATION RELATING TO LEGAL AID

Community Legal Service (Costs) Regulations 2000 E+W+S

1.  In regulation 21(1) of the Community Legal Service (Costs) Regulations 2000 M33 , in the definition of “family proceedings”, at the end of sub-paragraph (g), omit “and” and after sub-paragraph (h), insert—

“; and

(i) the Civil Partnership Act 2004;”.

Marginal Citations

M33 S.I. 2000/441.

Community Legal Service (Funding) Order 2000 E+W+S

2.  In article 2(1) of the Community Legal Service (Funding) Order 2000 M34 , in the definition of “family proceedings”, at the end of sub-paragraph (g), omit “and” and after sub-paragraph (h), insert—

“; and

(i) the Civil Partnership Act 2004;”.

Marginal Citations

M34 S.I. 2000/627.

Community Legal Service (Funding) (Counsel in Family Proceedings) Order 2001 E+W+S

3.  In article 2 of the Community Legal Service (Funding) (Counsel in Family Proceedings) Order 2001 M35 , in the definition of “family proceedings”, at the end of sub-paragraph (g), omit “and” and after sub-paragraph (h), insert—

“; and

(i) the Civil Partnership Act 2004;”.

Marginal Citations

M35 S.I. 2001/1077, amended by S.I. 2003/2590.

Article 2(8)

SCHEDULE 8 E+W+S AMENDMENTS TO SUBORDINATE LEGISLATION RELATING TO PARLIAMENTARY ELECTIONS IN ENGLAND AND WALES AND EUROPEAN PARLIAMENTARY ELECTIONS

Representation of the People (England and Wales) Regulations 2001 E+W+S

1.—(1) Amend the Representation of the People (England and Wales) Regulations 2001 M36 as follows.

(2) In regulation 15(2), (3) and (4), after “spouse” insert “ or civil partner ”.

(3) In regulation 16(1), (2) and (3), after “spouse” insert “ or civil partner ”.

(4) In regulation 20(2)(c) and (4)(e), for “husband, wife” substitute “ spouse, civil partner ”.

(5) In regulation 33(5), for “husband, wife” substitute “ spouse, civil partner ”.

(6) In regulation 54—

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

(b) in paragraph (3)(b), after “spouse” insert “ or civil partner ”; and

(c) in paragraph (5), for “husband, wife,” substitute “ spouse, civil partner, ”.

(7) In Schedule 3 (Forms)—

(a) in Form B (Proxy's Official Poll Card), for “husband, wife” substitute “ spouse, civil partner ”; and

(b) in Form E (Proxy Paper), for “husband, wife” substitute “ spouse, civil partner ”.

Marginal Citations

M36 S.I. 2001/341, amended by S.I.2004/294.

European Parliamentary Elections Regulations 2004 E+W+S

2.—(1) Amend the European Parliamentary Elections Regulations 2004 M37 as follows.

(2) In regulation 24(5), for “husband, wife” substitute “ spouse, civil partner ”.

(3) In regulation 98(1)(a)(i) and (2)(a), for “husband or wife” substitute “ spouse or civil partner ”.

(4) In Schedule 1 (European parliamentary election rules)—

(a) in paragraph 36(2), for “husband (wife)” (in each place) substitute “ spouse, civil partner ”;

(b) in paragraph 40(3)(b), for “husband, wife” substitute “ spouse, civil partner ”;

(c) in paragraph 45(2)(b)(i), after “spouses” insert “ or civil partners ”;

(d) in paragraph 47(2)(b)(i), after “spouses” insert “ or civil partners ”;

(e) in paragraph 53(2)(c)(i) and (2)(e)(i), after “spouse” insert “ or civil partner ”; and

(f) in the Appendix of forms, in Form A (Proxy Paper), for “husband, wife” substitute “ spouse, civil partner ”.

(5) In Schedule 2 (Absent voting)—

(a) in paragraph 3(3)(c), after “spouse” (in each place) insert “ or civil partner ”;

(b) in paragraph 6(5), for “husband, wife” substitute “ spouse, civil partner ”;

(c) in paragraph 17(1)(a) and (3)(b), after “spouse” (in each place) insert “ or civil partner ”

(d) in paragraph 17(5), for “husband, wife,” substitute “ spouse, civil partner, ”; and

(e) in the Appendix of forms, in Form A (Proxy Paper), for the words “husband, wife” substitute “ spouse, civil partner ”.

Marginal Citations

M37 S.I. 2004/293.

European Parliamentary Elections (Welsh Forms) Order 2004 E+W+S

3.—(1) Amend the European Parliamentary Elections (Welsh Forms) Order 2004 M38 as follows.

(2) In Schedule 1 (Welsh version of prescribed forms or forms of words)—

(a) in Form 4 (form of words for first question prescribed by rule 36(2)), for “gwr [gwraig]” substitute “ priod, partner sifil ”; and

(b) in Form 4 (form of words for second question prescribed by rule 36(2)), for “ŵr [gwraig]” substitute “ briod, partner sifil ”.

(3) In Schedule 2 (Welsh and English versions of prescribed forms)—

(a) in Form 3 (Proxy's Official Poll Card)—

(i) for “ŵr, yn wraig” substitute “ briod, partner sifil ”; and

(ii) for “husband, wife” substitute “ spouse, civil partner ”; and

(b) in Form 6 (Proxy Paper)—

(i) for “ŵr, yn wraig” substitute “ briod, partner sifil ”; and

(ii) for “husband, wife” substitute “ spouse, civil partner ”.

Marginal Citations

M38 S.I. 2004/1373.

Article 2(9)

SCHEDULE 9 E+W+S AMENDMENTS TO SUBORDINATE LEGISLATION RELATING TO PARLIAMENTARY AND EUROPEAN ELECTIONS IN NORTHERN IRELAND

Representation of the People (Northern Ireland) Regulations 2001 E+W+S

1.—(1) Amend the Representation of the People (Northern Ireland) Regulations 2001 M39 as follows.

(2) In regulation 16(2), 16(3) and 16(4), after “spouse” insert “ or civil partner ”.

(3) In regulation 17(1), after “spouse” (in each place) insert “ or civil partner ”.

(4) In regulation 17(2), after “spouse” insert “ or civil partner ”.

(5) In regulation 21(2)(c) and (4)(e), for “husband, wife” substitute “ spouse, civil partner ”.

(6) In regulation 33(5), for “husband, wife” substitute “ spouse, civil partner ”.

(7) In regulation 54—

(a) in paragraph (1)(a), for “the applicant or his spouse” (in each place) substitute “ the applicant, his spouse or civil partner ”;

(b) in paragraph (3)(b), for “husband, wife” substitute “ spouse, civil partner ”; and

(c) in paragraph (5), for “husband, wife” substitute “ spouse, civil partner ”.

(8) In Schedule 3 (Forms)—

(a) in Form B (Proxy's Official Poll Card), for “husband, wife” substitute “ spouse, civil partner ”; and

(b) in Form E (Proxy Paper), for “husband, wife” substitute “ spouse, civil partner ”.

Marginal Citations

M39 S.I. 2001/400.

European Parliamentary Elections (Northern Ireland) Regulations 2004 E+W+S

2.—(1) Amend the European Parliamentary Elections (Northern Ireland) Regulations 2004 M40 as follows.

(2) In regulation 8(4)(c), after “spouse” (in each place) insert “ or civil partner ”.

(3) In regulation 10(5), for “husband, wife” substitute “ spouse, civil partner ”.

(4) In regulation 25(5), for “husband, wife” substitute “ spouse, civil partner ”.

(5) In Schedule 1 (European Parliamentary Elections Rules)—

(a) in rule 35(3), after “(wife),” (in each place) insert “ civil partner, ”;

(b) in rule 39(4)(b), for “husband, wife” substitute “ spouse, civil partner ”;

(c) in rule 45(2)(b), after “spouses” insert “ or civil partners ”; and

(d) in rule 47(2)(b), after “spouses” insert “ or civil partners ”.

(6) In Schedule 2 (Absent Voters)—

(a) in paragraph 5(1)(a), for “the applicant or his spouse” substitute (in each place) “ the applicant, his spouse or civil partner ”;

(b) in paragraph 5(3)(b), after “spouse” insert “ or civil partner ”;

(c) in paragraph 5(5), for “husband, wife” substitute “ spouse, civil partner ”; and

(d) in the Appendix of forms, in the Proxy Paper, for “husband, wife” substitute “ spouse, civil partner ”.

Marginal Citations

M40 S.I. 2004/1267.

Article 2(10)

SCHEDULE 10 E+W+S AMENDMENTS TO SUBORDINATE LEGISLATION RELATING TO ELECTIONS IN SCOTLAND

Representation of the People (Scotland) Regulations 2001 E+W+S

1.—(1) Amend the Representation of People (Scotland) Regulations 2001 M41 as follows.

(2) In regulation 15(2), (3) and (4), after “spouse” insert “ or civil partner ”.

(3) In regulation 16(1), (2) and (3), after “spouse” insert “ or civil partner ”.

(4) In regulation 20(2)(c) and (4)(e), for “husband, wife” substitute “ spouse, civil partner ”.

(5) In regulation 33(4), for “husband, wife” substitute “ spouse, civil partner ”.

(6) In regulation 54—

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

(b) in paragraph (3)(b), after “spouse” insert “ or civil partner ”; and

(c) in paragraph (5), for “husband, wife” substitute “ spouse, civil partner ”.

(7) In Schedule 3 (Forms)—

(a) in Form B (Proxy's Official Poll Card), for “husband, wife” substitute “ spouse, civil partner ”; and

(b) in Form E (Proxy Paper), for “husband, wife” substitute “ spouse, civil partner ”.

Marginal Citations

M41 S.I. 2001/497, to which there are amendments not relevant to this Order.

Scottish Parliament (Elections etc.) Order 2002 E+W+S

2.—(1) Amend the Scottish Parliament (Elections etc.) Order 2002 M42 as follows.

(2) In article 9(3)(c), after “spouse” (in each place) insert “ or civil partner ”.

(3) In article 11(5), for “husband, wife” substitute “ spouse, civil partner ”.

(4) In article 27(5), for “husband, wife” substitute “ spouse, civil partner ”.

(5) In Schedule 2—

(a) in paragraph 44(2), for “husband [wife]” (in each place) substitute “ spouse, civil partner ”; and

(b) in paragraph 48(3)(b) for “husband, wife” substitute “ spouse, civil partner ”.

(6) In Schedule 3—

(a) in paragraph 3(1)(a), after “spouse” (in each place) insert “ or civil partner ”;

(b) in paragraph 3(3), for “husband, wife” substitute “ spouse, civil partner ”;

(c) in paragraph 3(4)(b), after “spouse” insert “ or civil partner ”; and

(d) in the Appendix of forms, in forms N and R, for “husband, wife” in each form insert “ spouse, civil partner, ”.

Marginal Citations

M42 S.I. 2002/2779, to which there are amendments not relevant to this Order.

Article 2(11)

SCHEDULE 11 E+W+S AMENDMENTS TO THE NATIONAL ASSEMBLY FOR WALES (REPRESENTATION OF THE PEOPLE) ORDER 2003

1.—(1) Amend the National Assembly for Wales (Representation of the People) Order 2003 M43 as follows. E+W+S

(2) In article 8(2)(c)—

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

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

(3) In article 11(5), for “husband, wife,” substitute “ spouse, civil partner, ”.

(4) In article 29(6), for “husband, wife,” substitute “ spouse, civil partner, ”.

(5) In article 96(1)(a) and (2), for “husband or wife” substitute “ spouse or civil partner ”.

(6) In Schedule 2—

(a) in paragraph 3(1)(a), after “spouse” (in each place) insert “ or civil partner ”;

(b) in paragraph 3(3), for “husband, wife,” substitute “ spouse, civil partner, ”;

(c) in paragraph 3(4)(b), after “spouse” insert “ or civil partner ”; and

(d) in the Form of Proxy Paper, in note 4, for “husband, wife,” substitute “ spouse, civil partner, ” and (in the Welsh language version) for “ŵr, gwraig,” substitute “ briod, partner sifil, ”.

(7) In Schedule 5—

(a) in paragraph 12(5), for “wife or husband” substitute “ spouse or civil partner ”;

(b) in paragraph 40(5)(a), for “husband [wife],” substitute “ spouse, civil partner, ”;

(c) in paragraph 40(5)(b), for “gwr [gwraig],” substitute “ priod, partner sifil, ”;

(d) in paragraph 40(6)(a), for “husband [wife],” substitute “ spouse, civil partner, ”

(e) in paragraph 40(6)(b), for “wr [wraig],”, substitute “ briod, partner sifil, ”;

(f) in paragraph 44(3)(b), for “husband, wife,” substitute “ spouse, civil partner, ”;

(g) in paragraph 49(7)(b), for “wives or husbands,” substitute “ spouses or civil partners, ”;

(h) in the Form of proxy's pollcard referred to in paragraph 33(6), in the note, for “husband, wife,” substitute “ spouse, civil partner, ” and (in the Welsh language version) for “ŵr, gwraig,” substitute “ briod, partner sifil, ”;

(i) in the Form of proxy's pollcard referred to in paragraph 33(7), in the note, for “husband, wife,” substitute “ spouse, civil partner, ” and (in the Welsh language version) for “ŵr, gwraig,” substitute “ briod, partner sifil, ”; and

(j) in the Form of declaration to be made by the companion of a voter with disabilities, for “[husband] [wife]” substitute “ [spouse] [civil partner] ”, and (in the Welsh language version) for “[gwr] [gwraig]” substitute “ [priod] [partner sifil] ”.

Marginal Citations

M43 S.I. 2003/284.

Article 2(12)

SCHEDULE 12 E+W+S AMENDMENTS TO SUBORDINATE LEGISLATION RELATING TO LOCAL GOVERNMENT ELECTIONS, GREATER LONDON AUTHORITY ELECTIONS, LOCAL AUTHORITY REFERENDUMS AND LOCAL AUTHORITY MAYORAL ELECTIONS

PART 1 E+W+S AMENDMENTS TO SUBORDINATE LEGISLATION RELATING TO LOCAL GOVERNMENT ELECTIONS

Local Elections (Principal Areas) Rules 1986 E+W+S

[F1 1.— (1) Amend the Local Elections (Principal Areas) Rules 1986 M44 as follows.

(2) In Schedule 2 (Rules for conduct of an election of councillors of a principal area where poll is not taken together with poll at another election)—

(a) in rule 29(2), for “husband [wife]” (in each place) substitute “ spouse, civil partner ”;

(b) in rule 33(3)(b), for “husband, wife” substitute “ spouse, civil partner ”;

(c) in rule 38(2)(b), for “wives or husbands” substitute “ spouses or civil partners ”; and

(d) in the Appendix of forms, in the proxy's official poll card, for “husband, wife”, which appear in the fourth paragraph on the back of the card, substitute “ spouse, civil partner ”.

(3) In Schedule 3 (Rules for conduct of an election of councillors of a principal area where the poll is taken together with the poll at a relevant election or referendum)—

(a) in rule 29(2), in the first question, for “husband [wife]” substitute “ spouse, civil partner ”;

(b) in rule 29(2), in the second question, for “husband [wife]” substitute “ spouse, civil partner ”;

(c) in rule 33(3)(b), for “husband, wife” substitute “ spouse, civil partner ”;

(d) in rule 38(1B)(b), for “wives or husbands” substitute “ spouses or civil partners ”; and

(e) in the Appendix of forms, in the proxy's official poll card, for “husband, wife”, which appear in the fourth paragraph on the back of the card, substitute “ spouse, civil partner ”.]

Textual Amendments

F1 Sch. 12 paras. 1, 2 revoked (2.1.2007, in force with condition specified in commencing provision) by The Local Elections (Principal Areas) (England and Wales) Rules 2006 (S.I. 2006/3304), rule 1(2)(4), Sch. 1 (with rule 1(2))

Marginal Citations

M44 S.I. 1986/2214, relevant amending instruments are S.I. 1990/158, 2001/81, 2004/223.

Local Elections (Parishes and Communities) Rules 1986 E+W+S

[F1 2.— (1) Amend the Local Elections (Parishes and Communities) Rules 1986 M45 as follows.

(2) In Schedule 2 (Rules for conduct of an election of councillors of a parish or community where poll is not taken together with poll at another election)—

(a) in rule 29(2), for “husband [wife]”(in each place) substitute “ spouse, civil partner ”;

(b) in rule 33(3)(b), for “husband, wife” substitute “ spouse, civil partner ”;

(c) in rule 38(2)(b), for “wives or husbands” substitute “ spouses or civil partners ”; and

(d) in the Appendix of forms, in the proxy's official poll card, for “husband, wife”, which appear in the fourth paragraph on the back of the card, substitute “ spouse, civil partner ”.

(3) In Schedule 3 (Rules for conduct of an election of councillors of a parish or community where the poll is taken together with the poll at a relevant election or referendum)—

(a) in rule 29(2), for “husband [wife]” (in each place) substitute “ spouse, civil partner ”;

(b) in rule 33(3)(b), for “husband, wife” substitute “ spouse, civil partner ”;

(c) in rule 38(1B)(b), for “wives or husbands” substitute “ spouses or civil partners ”; and

(d) in the Appendix of forms, in the proxy's official poll card, for “husband, wife”, which appear in the fourth paragraph on the back of the card, substitute “ spouse, civil partner ”.]

Textual Amendments

F1 Sch. 12 paras. 1, 2 revoked (2.1.2007, in force with condition specified in commencing provision) by The Local Elections (Principal Areas) (England and Wales) Rules 2006 (S.I. 2006/3304), rule 1(2)(4), Sch. 1 (with rule 1(2))

Marginal Citations

M45 S.I. 1986/2215, relevant amending instruments are S.I. 2001/80, 2004/224.

Parish and Community Meetings (Polls) Rules 1987 E+W+S

3.  In the Schedule (Poll rules) to the Parish and Community Meetings (Polls) Rules 1987 M46 —

(a) in rule 14(a), for “wives and husbands” substitute “ spouses and civil partners ”;

(b) in rule 21(3)(b), for “husband, wife” substitute “ spouse, civil partner ”; and

(c) in rule 26(2)(b), for “wives or husbands” substitute “ spouses or civil partners ”.

Marginal Citations

M46 S.I. 1987/1, to which there is an amendment not relevant to this Order.

Local Elections (Communities) (Welsh Forms) Order 1987 E+W+S

4.—(1) Amend the Schedule to the Local Elections (Communities) (Welsh Forms) Order 1987 M47 as follows.

(2) In Part I, in the further questions to be put to a person applying as a proxy for a ballot paper—

(a) in the first question, for “gwr (gwraig)” substitute “ priod, partner sifil ”; and

(b) in the second question, for “wêr (gwraig)” substitute “ briod, partner sifil ”.

(3) In Part III, in the proxy's official poll card / cerdyn pleidleisio swyddogol y dirprwy—

(a) for “husband, wife”, which appear in the fourth paragraph of the English language text on the back of the card, substitute “ spouse, civil partner ”; and

(b) for “wr, gwraig”, which appear in the fourth paragraph of the Welsh language text on the back of the card, substitute “ briod, partner sifil ”.

Marginal Citations

M47 S.I. 1987/561, to which there are amendments not relevant to this Order.

Local Elections (Principal Areas) (Welsh Forms) Order 1987 E+W+S

5.  Amend the Schedule to the Local Elections (Principal Areas) (Welsh Forms) Order 1987 M48 as follows.

(1) In Part I, in the further questions to be put to a person applying as a proxy for a ballot paper—

(a) in the first question, for “gwr (gwraig)” substitute “ priod, partner sifil ”; and

(b) in the second question, for “wr (gwraig)” substitute “ briod, partner sifil ”.

(2) In Part III, in the proxy's official poll card / cerdyn pleidleisio swyddogol y dirprwy—

(a) for “husband, wife”, which appears in the fourth paragraph of the English language text on the back of the card, substitute “ spouse, civil partner ”; and

(b) for “wr, gwraig”, which appears in the fourth paragraph of the Welsh language text on the back of the card, substitute “ briod, partner sifil ”.

Marginal Citations

M48 S.I. 1987/562, to which there are amendments not relevant to this Order.

Local Elections (Communities) (Welsh Forms) Order 2004 E+W+S

6.—(1) Amend the Schedule to the Local Elections (Communities) (Welsh Forms) Order 2004 M49 (Forms), as follows.

(2) In Part 1 (Forms in Welsh), in the further questions to be put to a person applying as a proxy for a ballot paper—

(a) in the first question, for “gwr [gwraig]” substitute “ priod, partner sifil ”; and

(b) in the second question, for “wr, gwraig” substitute “ briod, partner sifil ”.

(3) In Part 2 (Forms partly in Welsh and partly in English), in the cerdyn pleidleisio swyddogol dirprwy / proxy's official poll card—

(a) for “husband, wife”, which appears in the fourth paragraph of the English language text on the back of the card, substitute “ spouse, civil partner ”; and

(b) for “wr, gwraig”, which appears in the fourth paragraph of the Welsh language text on the back of the form, substitute “ briod, partner sifil ”.

Marginal Citations

M49 S.I. 2004/1233.

Local Elections (Principal Areas) (Welsh Forms) Order 2004 E+W+S

7.—(1) Amend the Schedule to the Local Elections (Principal Areas) (Welsh Forms) Order 2004 M50 (Forms) as follows.

(2) In Part 1 (Forms in Welsh), in the further questions to be put to a person applying as a proxy for a ballot paper—

(a) in the first question, for “gwr [gwraig]” substitute “ priod, partner sifil ”; and

(b) in the second question, for “wr, gwraig” substitute “ briod, partner sifil ”.

(3) In Part 2 (Forms partly in Welsh and partly in English), in the cerdyn pleidleisio swyddogol dirprwy / proxy's official poll card—

(a) for “husband, wife”, which appears in the fourth paragraph of the English language text on the back of the card, substitute “ spouse, civil partner ”; and

(b) for “wr, gwraig”, which appears in the fourth paragraph of the Welsh language text on the back of the form, substitute “ briod, partner sifil ”.

Marginal Citations

M50 S.I. 2004/1234.

PART 2 E+W+S AMENDMENTS TO SUBORDINATE LEGISLATION RELATING TO GREATER LONDON AUTHORITY ELECTIONS

Greater London Authority Elections (No. 2) Rules 2000 E+W+S

8.—(1) Amend the Greater London Authority Elections (No. 2) Rules 2000 M51 as follows.

(2) In Schedule 1 (The Constituency Members Election Rules)—

(a) in rule 30(2), for “husband [wife]” (in each place) substitute “ spouse, civil partner ”;

(b) in rule 34(3)(b), for “husband, wife” substitute “ spouse, civil partner ”; and

(c) in rule 39(2)(b), for “husbands or wives” substitute “ spouses or civil partners ”.

(3) In Schedule 2 (The London Members Election Rules)—

(a) in rule 31(2), for “husband [wife]” (in each place) substitute “ spouse, civil partner ”;

(b) in rule 35(3)(b), for “husband, wife” substitute “ spouse, civil partner ”; and

(c) in rule 40(2)(b), for “husbands or wives” substitute “ spouses or civil partners ”.

(4) In Schedule 3 (The Mayoral Election Rules)—

(a) in rule 31(2), for “husband [wife]” (in each place) substitute “ spouse, civil partner ”;

(b) in rule 35(3)(b), for “husband, wife” substitute “ spouse, civil partner ”; and

(c) in rule 40(2)(b), for “husbands or wives” substitute “ spouses or civil partners ”.

(5) In Schedule 5 (Forms), in form 11 (Proxy's official poll card), for “husband, wife”, which appear in the fourth paragraph on the back of the card, substitute “ spouse, civil partner ”.

(6) In Schedule 8 (Rules for conduct of an election of constituency members where the poll is taken together with the poll at any other election or referendum – the Constituency Members Election Rules)—

(a) in rule 32(2), for “husband [wife]” (in each place) substitute “ spouse, civil partner ”;

(b) in rule 36(3)(b), for “husband, wife” substitute “ spouse, civil partner ”; and

(c) in rule 41(4)(b), for “husbands or wives” substitute “ spouses or civil partners ”.

(7) In Schedule 9 (Rules for conduct of an election of London members of the London Assembly where the poll is taken together with the poll at any other election or referendum – the London Members Election Rules)—

(a) in rule 33(2), for “husband [wife]” (in each place) substitute “ spouse, civil partner ”;

(b) in rule 37(3)(b), for “husband, wife” substitute “ spouse, civil partner ”; and

(c) in rule 42(4)(b), for “husbands or wives” substitute “ spouses or civil partners ”.

(8) In Schedule 10 (Rules for conduct of an election of the Mayor of London where the poll is taken together with the poll at any other election or referendum – the Mayoral Election Rules)—

(a) in rule 33(2), for “husband [wife]” (in each place) substitute “ spouse, civil partner ”;

(b) in rule 37(3)(b), for “husband, wife” substitute “ spouse, civil partner ”; and

(c) in rule 42(4)(b), for “husbands or wives” substitute “ spouses or civil partners ”.

Marginal Citations

M51 S.I. 2000/427, amended by S.I. 2001/3789, 2004/227; there is another amending instrument which is not relevant.

PART 3 E+W+S AMENDMENTS TO SUBORDINATE LEGISLATION RELATING TO LOCAL AUTHORITY REFERENDUMS

Local Authorities (Conduct of Referendums) (England) Regulations 2001 E+W+S

F2 9.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2 Sch. 12 Pt. 3 revoked (27.7.2007) by The Local Authorities (Conduct of Referendums) (England) Regulations 2007 (S.I. 2007/2089), reg. 1(2)(4)(d)

PART 4 E+W+S AMENDMENTS TO THE SUBORDINATE LEGISLATION RELATING TO LOCAL AUTHORY MAYORAL ELECTIONS

Local Authorities (Mayoral Elections) (England and Wales) Regulations 2002 E+W+S

10.—(1) Amend the Local Authorities (Mayoral Elections) (England and Wales) Regulations 2002 M52 as follows.

(2) In Schedule 1 (The Mayoral Elections Rules)—

(a) in rule 31(2), for “husband, wife” (in each place) substitute “ spouse, civil partner ”;

(b) in rule 35(3)(b)(ii), for “husband, wife” substitute “ spouse, civil partner ”;

(c) in rule 40(2)(b), for “husbands or wives” substitute “ spouses or civil partners ”; and

(d) in the Appendix of forms, in form 7 (Proxy's official poll card), for “husband, wife”, which appear in the fourth paragraph on the back of the card, substitute “ spouse, civil partner ”.

(3) In Schedule 3 (Rules for the conduct of a Mayoral election where the poll is taken together with the poll at a relevant election or referendum – the Mayoral Elections (Combination of Polls) Rules)—

(a) in rule 31(2), in the first question, for “husband [wife]” substitute “ spouse, civil partner ”;

(b) in rule 31(2), in the second question, for “husband, wife” substitute “ spouse, civil partner ”;

(c) in rule 35(3)(b)(ii), for “husband, wife” substitute “ spouse, civil partner ”;

(d) in rule 40(1B)(b), for “wives or husbands” substitute “ spouses or civil partners ”; and

(e) in the Appendix of forms, in form 7 (Proxy's official poll card), for “husband, wife”, which appear in the fourth paragraph on the back of the card, substitute “ spouse, civil partner ”.

Marginal Citations

M52 S.I. 2002/185, amended by S.I. 2004/225.

Article 2(13)

SCHEDULE 13 E+W+S AMENDMENTS TO SUBORDINATE LEGISLATION RELATING TO IMMIGRATION AND NATIONALITY

PART 1 E+W+S IMMIGRATION

Asylum Support (Interim Provisions) Regulations 1999 E+W+S

1.  In regulation 2 of the Asylum Support (Interim Provisions) Regulations 1999 M53 —

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

(b) in paragraph (1)(b), after “or of his spouse” insert “ or civil partner ”;

(c) in paragraph (1)(c), after “or his spouse's” insert “ or civil partner's ”; and

(d) after paragraph (1)(f) insert—

“(ff) had been living with him as a member of a same-sex couple for at least two of the three years before the day on which his claim for support was made;”.

Marginal Citations

M53 S.I. 1999/3056, to which there are amendments not relevant to this Order.

Asylum Support Regulations 2000 E+W+S

2.—(1) Amend the Asylum Support Regulations 2000 M54 as follows.

(2) In regulation 2(1)—

(a) after the definition of “asylum support” insert “ “civil partnership couple” means two people of the same sex who are civil partners of each other and who are members of the same household; ”; and

(b) after the definition of “married couple” insert “ “same-sex couple” means two people of the same sex who, though not civil partners of each other, are living together as if they were; ”.

(3) In regulation 2(4)—

(a) in sub-paragraph (a), after “is his spouse” insert “ or civil partner ”;

(b) in sub-paragraph (b), after “is a child of his or of his spouse” insert “ or civil partner ”;

(c) in sub-paragraph (c), after “his spouse's” insert “ or civil partner's ”; and

(d) after sub-paragraph (f) insert—

“(fa) had been living with him as a member of a same-sex couple for at least two of the three years before the relevant time;”.

(4) In regulation 10(4)—

(a) for sub-paragraph (a) substitute—

“(a) “qualifying couple” means a married couple, an unmarried couple, a civil partnership couple or a same-sex couple, at least one of whom is aged 18 or over and neither of whom is aged under 16;”; and

(b) for sub-paragraph (b) substitute—

“(b) “lone parent” means a parent who is not a member of a married couple, an unmarried couple, a civil partnership couple or a same-sex couple;”

(5) In regulation 15(2)—

(a) after sub-paragraph (f) insert:

“(fa) forms a civil partnership;”;

(b) after sub-paragraph (g) insert:

“(ga) starts living with a person as if a civil partner of that person;”;

(c) after sub-paragraph (h) insert:

“(ha) becomes a former civil partner on the dissolution of his civil partnership;”; and

(d) after sub-paragraph (i) insert:

“(ia) separates from his civil partner or from the person with whom he has been living as if a civil partner of that person;”.

Marginal Citations

M54 S.I. 2000/704, to which there are amendments not relevant to this Order.

Withholding and Withdrawal of Support (Travel Assistance and Temporary Accommodation) Regulations 2002 E+W+S

3.  In regulation 2 of the Withholding and Withdrawal of Support (Travel Assistance and Temporary Accommodation) Regulations 2002 M55 —

(a) in paragraph (2)(a), after “his spouse” insert “ or his civil partner ”;

(b) in paragraph (2)(b), after “his spouse” insert “ or of his civil partner ”;

(c) in paragraph (2)(c), after “his spouse's” insert “ or his civil partner's ”;

(d) in paragraph (2)(f), for “an unmarried couple” substitute “ a couple ”; and

(e) in paragraph (3), for the definition of “unmarried couple” substitute—

““couple” means a man and woman who are not married to each other but are living together as if they are, or, two people of the same sex who are not civil partners of each other but are living together as if they are.”.

Marginal Citations

M55 S.I. 2002/3078.

PART 2 E+W+S NATIONALITY

British Nationality (DependentTerritories) Regulations 1982 E+W+S

F3 4.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3 Sch. 13 Pt. 2 para. 4 revoked (3.12.2007) by The British Nationality (British Overseas Territories) Regulations 2007 (S.I. 2007/3139), regs. 1, 12(d)

The British Nationality (General) Regulations 2003 E+W+S

5.—(1) Amend the British Nationality (General) Regulations 2003 M56 as follows.

(2) In Schedule 2—

(a) in paragraph 14(1)(a), after “is married to” insert “ , or is the civil partner of, ”;

(b) in paragraph 14(3), after “marriage to” insert “ or civil partnership with ”; and

(c) in paragraph 16(b), after “has been married to” insert “ , or has been the civil partner of, ”.

(3) In Schedule 5, in paragraph 2(b), after “has been married” insert “ or has been a civil partner ”.

Marginal Citations

M56 S.I. 2003/548, to which there are amendments not relevant to this Order.

The British Nationality (Fees) Regulations 2003 E+W+S

6.  In regulation 5(1) of the British Nationality (Fees) Regulations 2003 M57 , for “a husband and wife” substitute “ either a husband and wife, or two people who are civil partners of each other, ”.

Marginal Citations

M57 S.I. 2003/3157, to which there are amendments not relevant to this Order.

Article 2(14)

SCHEDULE 14 E+W+S AMENDMENTS TO SUBORDINATE LEGISLATION RELATING TO PROBATION

Probation (Compensation) Regulations 1965 E+W+S

1.—(1) Amend the Probation (Compensation) Regulations 1965 M58 as follows.

(2) In regulation 23(5), after “spouse” insert “ , civil partner ”.

(3) In regulation 24(1), (5) and (6), for “widow” substitute “ surviving spouse, surviving civil partner ”.

(4) In regulation 25(3), for “widow” substitute “ surviving spouse, surviving civil partner ”.

(5) In regulation 26—

(a) in paragraph (1), for “widow” substitute “ surviving spouse, surviving civil partner ”; and

(b) for paragraph (2) substitute—

“(2) If an annual sum becomes payable to a surviving spouse or surviving civil partner under Regulation 24 of these Regulations and on the formation of their subsequent marriage or civil partnership or death the sum ceases to be payable, and the aggregate amount of the payments which were made to them as aforesaid, to their spouse or civil partner by way of retirement compensation and to their personal representative under Regulation 25 of these Regulations is less than a sum equivalent to the amount which would have been payable to the personal representative under that Regulation if no annual sum had been payable to the surviving spouse or surviving civil partner under the said Regulation 24, there shall be paid to them or their personal representative the difference between such aggregate amount and the said equivalent sum.”.

(6) In regulation 28—

(a) after “his” insert “ or her ”; and

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

(7) In regulation 36(2), for “widow” substitute “ surviving spouse, surviving civil partner ”.

Marginal Citations

M58 S.I. 1965/620.

Local Probation Boards (Miscellaneous Provisions) Regulations 2001 E+W+S

2.  In regulation 6(2)(e) of the Local Probation Boards (Miscellaneous Provisions) Regulations 2001 M59 , after “spouse,” insert “ civil partner ”.

Marginal Citations

M59 S.I. 2001/786.

Article 2(15)

SCHEDULE 15 E+W+S AMENDMENTS TO SUBORDINATE LEGISLATION RELATING TO MERCHANT SHIPPING

In the subordinate legislation specified in column 1 of the following table, in the definition of “pleasure vessel” or “pleasure craft”, as the case may be, contained in the provisions specified in column 2 of that table, for each reference to “husband or wife” substitute “ spouse or civil partner ”.

1 Title of enactment	2 Provisions to be amended
Merchant Shipping (Means of Access) Regulations 1988 M60	Regulation 2
Merchant Shipping (Entry into Dangerous Spaces) Regulations 1988 M61	Regulation 2
Merchant Shipping (Safe Movement on Board Ship) Regulations 1988 M62	Regulation 2
Merchant Shipping (Provisions and Water) Regulations 1989 M63	Regulation 2
Merchant Shipping (Survey and Certification) Regulations 1995 M64	Regulation 1, paragraph 2
Merchant Shipping (Light Dues) Regulations 1997 M65	Schedule 2 Part I, paragraph 1(f)
Merchant Shipping (Crew Accommodation) Regulations 1997 M66	Regulation 2, paragraph 1
Merchant Shipping (Cargo Ship Construction) Regulations 1997 M67	Regulation 2, paragraph 1
Merchant Shipping (Tonnage) Regulations 1997 M68	Regulation 2, paragraph 1
Merchant Shipping (Load Line) Regulations 1998 M69	Regulation 2, paragraph 1
Merchant Shipping (Fire Protection: Small Ships) Regulations 1998 M70	Regulation 1, paragraph 2
Merchant Shipping (Fire Protection: Large Ships) Regulations 1998 M71	Regulation 1, paragraph 2
Merchant Shipping (Radio Installations) Regulations 1998 M72	Regulation 2
Merchant Shipping (Vessels in Commercial Use for Sport or Pleasure) Regulations 1998 M73	Regulation 2, paragraph 1
Merchant Shipping (Life-Saving Appliances For Ships Other Than Ships Of Classes III to VI (A)) Regulations 1999 M74	Regulation 2, paragraph 2
Merchant Shipping (Musters, Training and Decision Support Systems) Regulations 1999 M75	Regulation 2, paragraph 1
Merchant Shipping (Safety of Navigation) Regulations 2002 M76	Regulation 2, paragraph 1
Merchant Shipping (Medical Examination) Regulations 2002 M77	Regulation 2, paragraph 1
Merchant Shipping (Hours of Work) Regulations 2002 M78	Regulation 2
Merchant Shipping (Categorisation of Registries of Relevant British Possessions) Order 2003 M79	Regulation 2
Merchant Shipping (Fire Protection) Regulations 2003 M80	Regulation 2, paragraph 1
Merchant Shipping (High Speed Craft) Regulations 2004 M81	Regulation 2

Marginal Citations

M60 S.I. 1988/1637, amended by S.I. 1993/1072; there are other amending instruments but none is relevant.

M61 S.I. 1988/1638, amended by S.I. 1993/1072; there are other amending instruments but none is relevant.

M62 S.I. 1988/1641, amended by S.I. 1993/1072; there are other amending instruments but none is relevant.

M63 S.I. 1989/102, amended by S.I. 1993/1072.

M64 S.I. 1995/1210, to which there are amendments not relevant to this Order.

M65 S.I. 1997/562, to which there are amendments not relevant to this Order.

M66 S.I. 1997/1508.

M67 S.I. 1997/1509, to which there are amendments not relevant to this Order.

M68 S.I. 1997/1510, to which there are amendments not relevant to this Order.

M69 S.I. 1998/224, to which there are amendments not relevant to this Order.

M70 S.I. 1998/1011, amended by S.I. 2000/2687; there are other amending instruments but none is relevant.

M71 S.I. 1998/1012, amended by S.I. 2000/2687; there are other amending instruments but none is relevant.

M72 S.I. 1998/2070, amended by S.I. 2000/2687; there are other amending instruments but none is relevant.

M73 S.I. 1998/2771, to which there are amendments not relevant to this Order.

M74 S.I. 1999/2721, amended by S.I. 2000/2687; there are other amending instruments but none is relevant.

M75 S.I. 1999/2722, to which there are amendments not relevant to this Order.

M76 S.I. 2002/1473, to which there are amendments not relevant to this Order.

M77 S.I. 2002/2055, amended by S.I. 2005/1919; there is another amending instrument but it is not relevant.

M78 S.I. 2002/2125, to which there are amendments not relevant to this Order.

M79 S.I. 2003/1248.

M80 S.I. 2003/2950.

M81 S.I. 2004/302, to which there are amendments not relevant to this Order.

Article 2(16)

SCHEDULE 16 E+W+S AMENDMENTS TO SUBORDINATE LEGISLATION RELATING TO FINANCIAL SERVICES, NATIONAL SAVINGS AND INVESTMENTS AND BUILDING SOCIETIES AND INDUSTRIAL ASSURANCE

PART 1 E+W+S FINANCIAL SERVICES

Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 E+W+S

1.—(1) Amend the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 M82 as follows.

(2) In article 3(1), in the definition of “close relative”, after “spouse” (in each place) insert “ or civil partner ”.

(3) In article 61(4)(c)(i), after “spouse” insert “ or civil partner ”.

(4) In article 71(2)(b), after “widowers,” insert “ civil partners, surviving civil partners, ”.

(5) In paragraph 2 of Part 2 of Schedule 1, after “marriage” insert “ or the formation of a civil partnership ”.

Marginal Citations

M82 S.I. 2001/544, to which there are amendments not relevant to this Order.

Financial Services and Markets Act 2000 (Promotion of Collective Investment Schemes) (Exemptions) Order 2001 E+W+S

2.  In article 2(1) of the Financial Services and Markets Act 2000 (Promotion of Collective Investment Schemes) (Exemptions) Order 2001 M83 , in the definition of “close relative”, after “spouse” (in each place) insert “ or civil partner ”.

Marginal Citations

M83 S.I. 2001/1060, to which there are amendments not relevant to this Order.

Financial Services and Markets Act 2000 (Collective Investment Schemes) Order 2001 E+W+S

3.  In paragraph 8(2)(b) of the Schedule to the Financial Services and Markets Act 2000 (Collective Investment Schemes) Order 2001 M84 , after “widowers,” insert “ civil partners, surviving civil partners, ”.

Marginal Citations

M84 S.I. 2001/1062, to which there are amendments not relevant to this Order.

Financial Services and Markets Act 2000 (Exemption) Order 2001 E+W+S

4.  In paragraph 41(3)(b)(ii) of the Schedule to the Financial Services and Markets Act 2000 (Exemption) Order 2001 M85 , after “widowers” insert “ , civil partners, surviving civil partners, ”.

Marginal Citations

M85 S.I. 2001/1201, to which there are amendments not relevant to this Order.

Open-Ended Investment Companies Regulations 2001 E+W+S

5.  In regulation 44(8)(a) of the Open-Ended Investment Companies Regulations 2001 M86 , after “spouse,” insert “ civil partner, ”.

Marginal Citations

M86 S.I. 2001/1228, to which there are amendments not relevant to this Order.

PART 2 E+W+S NATIONAL SAVINGS AND INVESTMENTS

Savings Contracts Regulations 1969 E+W+S

6.—(1) Amend the Savings Contracts Regulations 1969 M87 as follows.

(2) In the heading preceding regulation 21, for “and marriage” substitute “ , marriage and civil partnership ”.

(3) In regulation 21—

(a) for “Section 10” substitute “ Sections 10, 10A, 10B and 10C ”; and

(b) for “relates to the price of a certificate of birth, death or marriage” substitute “ relate to the price of a certificate of birth, death, marriage, civil partnership or a certified copy of an entry in the Civil Partnership Register ”.

Marginal Citations

M87 S.I. 1969/1342, to which there are amendments not relevant to this Order.

National Savings Bank Regulations 1972 E+W+S

7.—(1) Amend the National Savings Bank Regulations 1972 M88 as follows.

(2) In regulation 29L(2)(c), after “married to” insert “ , or a civil partner of, ”.

(3) In regulation 35—

(a) in paragraph (1)(c), after “marriage” insert “ or formation of a civil partnership by, ”; and

(b) in paragraph (3)—

(i) after “by the marriage” insert “ or formation of a civil partnership by, ”; and

(ii) after “before the marriage” insert “ or civil partnership ”.

(4) In regulation 41(1)(c), after “spouse” insert “ or civil partner ”.

Marginal Citations

M88 S.I. 1972/764, relevant amending instruments are S.I. 1981/484, 1999/588.

Premium Savings Bonds Regulations 1972 E+W+S

8.—(1) Amend the Premium Savings Bonds Regulations 1972 M89 as follows.

(2) In the heading preceding regulation 25, for “and marriage” substitute “ , marriage and civil partnership ”.

(3) In regulation 25—

(a) for “Section 10” substitute “ Sections 10, 10A, 10B and 10C ”; and

(b) for “relates to the price of a certificate of birth, death or marriage” substitute “ relate to the price of a certificate of birth, death, marriage, civil partnership or a certified copy of an entry in the Civil Partnership Register ”.

Marginal Citations

M89 S.I. 1972/765, to which there are amendments not relevant to this Order.

National Savings Stock Register Regulations 1976 E+W+S

9.—(1) Amend the National Savings Stock Register Regulations 1976 M90 as follows.

(2) In regulation 36—

(a) in paragraph (1)(c), after “marriage” insert “ or formation of a civil partnership by, ”; and

(b) in paragraph (3)—

(i) after “by the marriage” insert “ or formation of a civil partnership by, ”; and

(ii) after “before the marriage” insert “ or civil partnership ”.

(3) In regulation 42(1)(c), after “spouse” insert “ or civil partner ”.

(4) In the heading preceding regulation 52, for “and marriage” substitute “ , marriage and civil partnership ”.

(5) In regulation 52—

(a) for “Section 10” substitute “ Sections 10, 10A, 10B and 10C ”; and

(b) for “relates to the price of a certificate of birth, death or marriage” substitute “ relate to the price of a certificate of birth, death, marriage, civil partnership or a certified copy of an entry in the Civil Partnership Register ”.

Marginal Citations

M90 S.I. 1976/2012, relevant amending instruments are S.I. 1981/485, 1993/3131, 1998/146, 2004/1662.

Savings Certificates (Yearly Plan) Regulations 1984 E+W+S

10.—(1) Amend the Savings Certificates (Yearly Plan) Regulations 1984 M91 as follows.

(2) In regulation 17(1)(c), after “spouse” insert “ or civil partner ”.

(3) In the heading preceding regulation 26, for “and marriage” substitute “ , marriage and civil partnership ”.

(4) In regulation 26—

(a) for “Section 10” substitute “ Sections 10, 10A, 10B and 10C ”; and

(b) for “relates to the price of a certificate of birth, death or marriage” substitute “ relate to the price of a certificate of birth, death, marriage, civil partnership or a certified copy of an entry in the Civil Partnership Register ”.

Marginal Citations

M91 S.I.1984/779, relevant amending instruments are S.I. 1993/3132, 2004/1662.

Savings Certificates Regulations 1991 E+W+S

11.—(1) Amend the Savings Certificates Regulations 1991 M92 as follows.

(2) In regulation 17(1)(c), after “spouse” insert “ or civil partner ”.

(3) In the heading preceding regulation 26, for “and marriage” substitute “ , marriage and civil partnership ”.

(4) In regulation 26—

(a) for “Section 10” substitute “ Sections 10, 10A, 10B and 10C ”; and

(b) for “relates to the price of a certificate of birth, death or marriage” substitute “ relate to the price of a certificate of birth, death, marriage, civil partnership or a certified copy of an entry in the Civil Partnership Register ”.

(5) In Schedule 2—

(a) in paragraph (4)(1)(c), after “marriage” insert “ or formation of a civil partnership by, ”; and

(b) in paragraph (4)(3)—

(i) after “by the marriage” insert “ or formation of a civil partnership by, ”; and

(ii) after “before the marriage” insert “ or civil partnership ”.

Marginal Citations

M92 S.I. 1991/1031, relevant amending instruments are S.I. 1993/3133, 2004/1662.

Savings Certificates (Children's Bonus Bonds) Regulations 1991 E+W+S

12.—(1) Amend the Savings Certificates (Children's Bonus Bonds) Regulations 1991 M93 as follows.

(2) In the heading preceding regulation 23, for “and marriage” substitute “ , marriage and civil partnership ”.

(3) In regulation 23—

(a) for “Section 10” substitute “ Sections 10, 10A, 10B and 10C ”; and

(b) for “relates to the price of a certificate of birth, death or marriage” substitute “ relate to the price of a certificate of birth, death, marriage, civil partnership or a certified copy of an entry in the Civil Partnership Register ”.

Marginal Citations

M93 S.I. 1991/1407, to which there are amendments not relevant to this Order.

PART 3 E+W+S BUILDING SOCIETIES AND INDUSTRIAL ASSURANCE

Industrial Assurance (Premium Receipt Books) Regulations 1948 E+W+S

13.  In regulation 2 of the Industrial Assurance (Premium Receipt Books) Regulations 1948 M94 , after “spouse” insert “ or civil partner ”.

Marginal Citations

M94 S.I. 1948/2770, to which there are amendments not relevant to this Order.

Building Societies Act 1986 (Powers and Miscellaneous Transitional Provisions) Order 1986 E+W+S

14.—(1) Amend the Building Societies Act 1986 (Powers and Miscellaneous Transitional Provisions) Order 1986 M95 as follows.

(2) In article 5(3)(b)(i) and (iv), after “spouse” insert “ or civil partner ”.

(3) In article 5(3)(b)(iii), after “spouse's” insert “ or civil partner's ”.

(4) In article 5(6), after “child includes a step-child;” insert the following definition—

““civil partner” includes a former civil partner;”.

Marginal Citations

M95 S.I. 1986/2169, to which there are amendments not relevant to this Order.

Building Societies (Accounts and Related Provisions) Regulations 1998 E+W+S

15.—(1) Amend the Building Societies (Accounts and Related Provisions) Regulations 1998 M96 as follows.

(2) In paragraph 5(6) of Schedule 8, for “wife, husband” substitute “ spouse, civil partner ”.

(3) In paragraph 4(5) of Schedule 9, after “spouse” insert “ or civil partner ”.

Marginal Citations

M96 S.I. 1998/504, to which there are amendments not relevant to this Order.

Article 2(17)

SCHEDULE 17 E+W+S AMENDMENTS TO SUBORDINATE LEGISLATION RELATING TO PATERNITY AND ADOPTION LEAVE AND PAY, SEXUAL ORIENTATION DISCRIMINATION IN EMPLOYMENT AND VOCATIONAL TRAINING, AND EMPLOYMENT AGENCIES AND EMPLOYMENT BUSINESSES

Paternity and Adoption Leave Regulations 2002 E+W+S

1.—(1) Amend the Paternity and Adoption Leave Regulations 2002 M97 as follows.

(2) In regulation 4—

(a) in paragraph (2)(b)(ii), after “married to” insert “ , the civil partner ”; and

(b) in paragraph (2)(c)(ii), after “mother's husband” insert “ , civil partner ”.

(3) In regulation 8(2)(b), after “married to” insert “ , the civil partner ”.

Marginal Citations

M97 S.I. 2002/2788, to which there are amendments not relevant to this Order.

Statutory Paternity Pay and Statutory Adoption Pay (Administration) Regulations 2002 E+W+S

2.  In regulation 14(2)(b) of the Statutory Paternity Pay and Statutory Adoption Pay (Administration) Regulations 2002 M98 , after “spouse” insert “ , civil partner ”.

Marginal Citations

M98 S.I. 2002/2820, to which there are amendments not relevant to this Order.

Statutory Paternity Pay and Statutory Adoption Pay (General) Regulations 2002 E+W+S

3.  In regulation 11(1)(a) of the Statutory Paternity Pay and Statutory Adoption Pay (General) Regulations 2002 M99 , after “married to” insert “ , the civil partner ” (in each place).

Marginal Citations

M99 S.I. 2002/2822, amended by S.I. 2004/488; there are other amending instruments but none is relevant.

Flexible Working (Eligibility, Complaints and Remedies) Regulations 2002 E+W+S

4.  In regulation 3(1)(b)(ii) of the Flexible Working (Eligibility, Complaints and Remedies) Regulations 2002 M100 , after “married to” insert “ , the civil partner ”.

Marginal Citations

M100 S.I. 2002/3236.

Paternity and Adoption Leave (Adoption from Overseas) Regulations 2003 E+W+S

5.—(1) Amend the Paternity and Adoption Leave (Adoption from Overseas) Regulations 2003 M101 as follows.

(2) In regulations 8 to 10 of the Paternity and Adoption Leave Regulations 2002 substituted by regulation 7—

(a) in regulation 8(2)(c), after “married to” insert “ , the civil partner ”; and

(b) in regulation 10(3), for “partner or spouse” substitute “ partner, spouse or civil partner ”.

Marginal Citations

M101 S.I. 2003/921.

Statutory Paternity Pay (Adoption) and Statutory Adoption Pay (Adoptions from Overseas) (No. 2) Regulations 2003 E+W+S

6.  In regulation 5(1)(a) of the Statutory Paternity Pay (Adoption) and Statutory Adoption Pay (Adoptions from Overseas) (No. 2) Regulations 2003 M102 , after “married to” insert “ , the civil partner ” (in each place).

Marginal Citations

M102 S.I. 2003/1194, to which there are amendments not relevant to this Order.

Employment Equality (Sexual Orientation) Regulations 2003 E+W+S

7.—(1) Amend the Employment Equality (Sexual Orientation) Regulations 2003 M103 as follows.

(2) After regulation 3(2) insert—

“(3) For the purposes of paragraph (2), in a comparison of B's case with that of another person the fact that one of the persons (whether or not B) is a civil partner while the other is married shall not be treated as a material difference between their respective circumstances.”

(3) For regulation 25 (Exception for benefits dependent on marital status) substitute—

“Exception for benefits dependent on a person's status

25.   Nothing in Part II or III shall render unlawful—

(a) anything which prevents or restricts access to a benefit by reference to marital status where the right to the benefit accrued or the benefit is payable in respect of periods of service prior to the coming into force of the Civil Partnership Act 2004;

(b) the conferring of a benefit on married persons and civil partners to the exclusion of all other persons.”

Marginal Citations

M103 S.I. 2003/1661, amended by S.I. 2003/2827.

Conduct of Employment Agencies and Employment Businesses Regulations 2003 E+W+S

8.  In regulation 3(1)(a) of the Conduct of Employment Agencies and Employment Businesses Regulations 2003 M104 , after “spouse” insert “ or civil partner ”.

Marginal Citations

M104 S.I. 2003/3319.

Article 2(18)

SCHEDULE 18 E+W+S AMENDMENTS TO SUBORDINATE LEGISLATION RELATING TO INSOLVENCY

PART 1 E+W+S AMENDMENTS TO INSOLVENCY LEGISLATION

Insolvency Rules 1986 E+W+S

1.—(1) Amend the Insolvency Rules 1986 M105 as follows.

(2) In Rule 6.237 (bankrupt's home – notification of property falling within section 283A)—

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

(b) in paragraph (1)(c), after “former spouse” insert “ or former civil partner ”.

(3) In Rule 6.237A (application in respect of the vesting of an interest in a dwelling-house (registered land))—

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

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

(c) in paragraph (4), after “former spouse” insert “ or civil partner or former civil partner ”.

(4) In Rule 6.237B (vesting of bankrupt's interest (unregistered land))—

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

(b) in paragraph (1)(c), after “former spouse” insert “ or former civil partner ”; and

(c) in paragraph (3), after “former spouse” insert “ or civil partner or former civil partner ”.

(5) In paragraph (2)(a) of Rule 6.237D (charging order), after “former spouse” insert “ or civil partner or former civil partner ”.

(6) In Schedule 4 (Forms), for Forms 6.28 and 6.83 substitute the Forms so numbered as set out in Part 2 of this Schedule.

Marginal Citations

M105 S.I. 1986/1925; relevant amending instruments are S.I. 2003/1730 , 2005/527.

Insolvent Partnerships Order 1994 E+W+S

2.—(1) Amend the Insolvent Partnerships Order 1994 M106 as follows.

(2) In Schedule 4, in paragraph 28A (Section 283A: Individual member's home ceasing to form part of estate), in modified section 283A—

(a) in subsection (1)(b) after “spouse” insert “ or civil partner ”; and

(b) in subsection (1)(c) after “former spouse” insert “ or former civil partner ”.

(3) In Schedule 4, in paragraph 29A (Section 313A: Low value home: application for sale, possession or charge), in modified section 313A—

(a) in subsection (1)(a)(ii) after “spouse” insert “ or civil partner ”; and

(b) in subsection (1)(a)(iii) after “former spouse” insert “ or former civil partner ”.

(4) In Schedule 7, in paragraph 7A (Section 283A: Bankrupt's home ceasing to form part of estate), in modified section 283A—

(a) in subsection (1)(b) after “spouse” insert “ or civil partner ”; and

(b) in subsection (1)(c) after “former spouse” insert “ or former civil partner ”.

(5) In Schedule 7, paragraph 20A (Section 313A: Low value home: application for sale, possession or charge), in modified section 313A—

(a) in subsection (1)(a)(ii) after “spouse” insert “ or civil partner ”; and

(b) in subsection (1)(a)(iii) after “former spouse” insert “ or former civil partner ”.

Marginal Citations

M106 S.I. 1994/2421, amended by S.I. 2005/1516; there are other amending instruments but none is relevant.

Limited Liability Partnerships Regulations 2001 E+W+S

3.  In Schedule 3 to the Limited Liability Partnerships Regulations 2001 M107 , in the entry relating to section 435 of the Insolvency Act 1986 M108 (meaning of “associate”), in the entry relating to the new subsection (3A), after “wife” insert “ or civil partner ”.

Marginal Citations

M107 S.I. 2001/1090, to which there are amendments not relevant to this Order.

M108 1986 c. 45.

PART 2 E+W+S FORMS FOR INSERTION INTO SCHEDULE 4 TO THE INSOLVENCY RULES 1986