The Civil Partnership Act 2004 (Commencement No. 1) (Northern Ireland) Order 2005

Statutory Instruments

2005 No. 2399 (C. 99)

CIVIL PARTNERSHIP, NORTHERN IRELAND

The Civil Partnership Act 2004 (Commencement No. 1) (Northern Ireland) Order 2005

Made

25th August 2005

The Department of Finance and Personnel, in exercise of the powers conferred upon it by section 263 of the Civil Partnership Act 2004(1), and after having consulted the Secretary of State for Trade and Industry, hereby makes the following Order:

Citation and interpretation

1.—(1) This Order may be cited as the Civil Partnership Act 2004 (Commencement No. 1) (Northern Ireland) Order 2005.

(2) In this Order—

(a) “the Act” means the Civil Partnership Act 2004; and

(b) references to sections, subsections and Schedules are, unless otherwise stated, references to Parts, sections and subsections of, and Schedules to, the Act.

Provisions coming into force on 5th September 2005

2.—(1) Subject to paragraph (2) the provisions of the Act specified in the first column of the Schedule to this Order shall come into force on 5th September 2005.

(2) Where a particular purpose is specified in relation to a provision in the second column of the Schedule to this Order the provision concerned shall come into force on that date only for that purpose. Where no particular purpose is specified the provision concerned shall come into force on that date for all purposes.

Sealed with the Official Seal of the Department of Finance and Personnel on 25th August 2005.

L.S.

Ethne E. Harkness

A Senior Officer of the

Department of Finance and Personnel

Date 25th August 2005

Article 2

SCHEDULE Provisions of the Act coming into force on 5th September 2005

Column 1 — Provisions	Column 2 — Purpose
Section 139(2) and (3)	For the purpose of the power to prescribe matters by regulations.
Section 140(1)(a)	For the purpose of the power to prescribe matters by regulations.
Section 143	For the purpose of the power to prescribe matters by regulations.
Section 144(4)	For the purpose of the power to prescribe matters by regulations.
Section 144(6)	For the purpose of the power to prescribe matters by regulations.
Section 145(3)	For the purpose of the power to prescribe matters by regulations.
Section 147(1)	For the purpose of the power to prescribe matters by regulations.
Section 149(2)(a)	For the purpose of the power to prescribe matters by regulations.
Section 152(5)
Section 155(3)	For the purpose of the power to prescribe matters by Order.
Section 156(1) and (3)	For the purpose of the power to prescribe matters by regulations or Order.
Section 157
Section 159
Section 160
Section 169(3) and (4)
Section 184(1)	For the purpose of making rules of court under subsection (2).
Section 184(2)
Section 184(6)
Section 184(8)
Section 187(1) and (2)
Section 188
Section 189(1)
Section 189(2)	For the purpose of making rules of court under subsection (1).
Section 190(2), (3) and (4)	For the purpose of making rules of court under subsection (2).
Section 191(3)	For the purpose of making rules of court.
Schedule 13 paragraph 6	For the purpose of the powers in these provisions to prescribe matters by regulations.
Schedule 15 paragraph 41(2)	For the purpose of making rules of court under paragraph 41(3).
Schedule 15 paragraph 41(3)
Schedule 15 paragraph 50(3), (4) and (5)	For the purpose of the power to prescribe matters by regulations.
Schedule 15 paragraph 75(4)	For the purpose of making rules of court and the powers to make regulations under the other provisions of Schedule 15 mentioned above.
Schedule 16 paragraphs 10 and 11(2)	For the purpose of making rules of court under paragraph 11(2).
Schedule 17 paragraphs 2(3), 4(1) and 12(1) and (5)	For the purpose of making rules of court.
Schedule 17 paragraphs 14(4), (5) and (6)
Schedule 29 paragraph 94	For the purpose of exercising the power in Article 12 of the Family Law (Northern Ireland) Order 1993 (2) to make family proceedings rules.

Explanatory Note

(This note is not part of the Order)

This Order brings into force on 5th September.2005 the provisions of the Civil Partnership Act 2004 (c. 33) (“the Act”) listed in Column 1 of the Schedule.

These provisions of the Act are being commenced for the particular purpose or purposes specified in the corresponding entry in Column 2 of the Schedule. Where no particular purpose is specified, a provision is being commenced for all purposes. The purposes relate to the making of regulations, orders and rules of court under provisions of the Act and under provisions in existing legislation amended by the Act.

Sections 213(2) to (6), 247(2) to (7), 248(2) to (5), 254(2) to (6), 255, 258, 259, 260, 262, 263, and 264 of the Act came into force on Royal Assent on 18th November 2004.

A full regulatory impact assessment has not been produced for this instrument. A regulatory impact assessment identifying the impact on business and the exchequer of the provisions in the Act was published at the time the Act received Royal Assent. It is available from http://www.dti.gov.uk/access/ria/index.htm.

Note as to Earlier Commencement Orders

(This note is not part of the Order)

The Civil Partnership Act 2004 (Commencement No. 1) Order 2005 (S.I. 2005/1112 (C. 47)) was made on 3rd April 2005. That Order brought into force on 15th April 2005 certain provisions of the Act relating to the making of regulations, orders, Orders in Council, rules of court and the issuing of guidance in relation to England and Wales and also those provisions which extend either to England, Wales and Scotland or to England, Wales, Scotland and Northern Ireland.

The provisions brought into force which extend to Northern Ireland are sections 210(1), (2), (4) and (5), 211, 219, 228, 231, 237(2) to (5), 239, 240, 241, 242, 243, 244, 245, Schedule 23 paragraphs 2(1) and (3), 13, 15(1) and (3), 16(3)(a) and 17, Schedule 26 paragraphs 4, 5, 8 and 17 and Schedule 27 paragraphs 12, 21, 162 and 163.

(1)

2004 c. 33.

(2)

S.I.1993/1576 (N.I. 6)