PART 9Amendments: Other Primary Legislation
Criminal Justice Act (Northern Ireland) 1945I1124
In section 37 of the Criminal Justice Act (Northern Ireland) 1945206 (replacement of presumption of marital coercion with a statutory defence thereof)—
a
for “wife”, in the second place it occurs, substitute “spouse or civil partner”;
b
for “husband”, in the third place it occurs, substitute “other spouse or civil partner”.
Age of Marriage Act (Northern Ireland) 1951I2125
1
In section 1(1) of the Age of Marriage Act (Northern Ireland) 1951207 (marriage void if either party under 16), omit the proviso (defence, to certain sexual offences, where defendant has reasonable cause to believe girl against whom offence committed was defendant’s wife).
2
The amendment made by paragraph (1) applies only in relation to offences committed on or after 13th January 2020.
Administration of Estates Act (Northern Ireland) 1955I3126
1
Section 7 of the Administration of Estates Act (Northern Ireland) 1955208 (rights of surviving spouse or civil partner) is amended as follows.
2
In subsection (7)209—
a
omit “, or Article 20(2) of the Matrimonial Causes (Northern Ireland) Order 1978,”;
b
after “2004” insert “, or of Article 20(2) of the Matrimonial Causes (Northern Ireland) Order 1978”.
3
The amendments made by paragraph (2) apply only in relation to decrees of judicial separation granted in respect of marriages that are entered into on or after 13th January 2020.
King George VI Memorial Youth Council Act (Northern Ireland) 1957I4127
1
The First Schedule to the King George VI Memorial Youth Council Act (Northern Ireland) 1957210 is amended as follows.
2
In paragraph 23 (superannuation), for “wives, widows”, in both places it occurs, substitute “spouses, surviving spouses, civil partners, surviving civil partners”.
Land Registration Act (Northern Ireland) 1970I5128
In section 82(3) of the Land Registration Act (Northern Ireland) 1970211, for “husband or wife” substitute “spouse or civil partner”.
Civil Evidence Act (Northern Ireland) 1971I6129
1
The Civil Evidence Act (Northern Ireland) 1971212 is amended as follows.
2
In section 10(3) and (4)213, for “husband or wife” substitute “spouse or civil partner”.
3
In section 14(2), in the words after the definition of “legal proceedings”—
a
for “husband or wife” substitute “spouse or civil partner”;
b
after “married to” insert “, or the civil partner of,”.
Housing on Farms Act (Northern Ireland) 1972I7130
In section 16 of the Housing on Farms Act (Northern Ireland) 1972214, in the definition of “family”, after “or marriage” insert “or civil partnership”.
Land Acquisition and Compensation (Northern Ireland) Order 1973I8131
In Article 47(6)(a)(ii) of the Land Acquisition and Compensation (Northern Ireland) Order 1973215, after “spouse” insert “or civil partner”.
Solicitors (Northern Ireland) Order 1976I9132
In Article 28(2)(b) of the Solicitors (Northern Ireland) Order 1976216, for “widow” substitute “surviving spouse or civil partner”.
Sex Discrimination (Northern Ireland) Order 1976I10133
1
The Sex Discrimination (Northern Ireland) Order 1976217 is amended as follows.
2
In Article 21(3), after sub-paragraph (c) insert—
ca
a requirement relating to not being married to, or the civil partner of, a person of the same sex;
cb
a requirement relating to not being the civil partner of a person of the opposite sex;
3
After Article 35 insert—
Exception for ceremonies or events to mark a marriage or civil partnership35A
1
An organised religion, or a person acting on behalf of or under the auspices of an organised religion, does not contravene Article 30(1) where, because of the sex of one or both of the parties to a marriage or civil partnership, the religion or person—
a
does not provide, arrange, facilitate or participate in, or
b
is not present at,
a ceremony or event to mark the solemnisation of the marriage or the formation of the civil partnership.
2
Where an act done by a person—
a
would be unlawful but for paragraph (1), and
b
is done by the person—
i
in the course of the person’s employment, or
ii
as agent for another person,
the employer or other person does not contravene Article 30(1) only because of being treated by Article 42 as also doing the act.
Fatal Accidents (Northern Ireland) Order 1977I11134
In Article 5(3) of the Fatal Accidents (Northern Ireland) Order 1977218 (disregard of certain post-death benefits accruing to widows)—
a
for “widow”, in both places it occurs, substitute “surviving spouse”,
b
for “her husband”, substitute “that person’s spouse”, and
c
for “her”, in the second place it occurs, substitute “the surviving spouse’s”.
Rates (Northern Ireland) Order 1977I12135
1
The Rates (Northern Ireland) Order 1977219 is amended as follows.
2
In Article 29A220—
a
in paragraph (9), for the words from “if—” to the end substitute “if the two persons are married to, or civil partners of, each other, or are living together as if spouses of each other.”;
b
omit paragraph (10).
3
In Article 31AA(6)(a)221, after “marriage” insert “or civil partnership”.
Rent (Northern Ireland) Order 1978I13136
In Schedule 4 to the Rent (Northern Ireland) Order 1978222, in each of the following provisions, for “widow” substitute “surviving spouse or civil partner”—
a
in Case 14, paragraph (a);
b
in Case 15, paragraphs (a) and (d);
c
in Case 16, paragraph (1)(a) and (b)(i) and (ii).
Inheritance (Provision for Family and Dependants) (Northern Ireland) Order 1979I14137
1
Article 4 of the Inheritance (Provision for Family and Dependants) (Northern Ireland) Order 1979223 (powers of court to make orders) is amended as follows.
2
In paragraph (5)(a), for the words from “either” to “jointly” substitute—
—
i
issue of the deceased and the surviving spouse,
ii
children adopted by the deceased and the surviving spouse jointly,
iii
issue of the deceased and adopted by the surviving spouse, or
iv
adopted by the deceased and the issue of the surviving spouse
3
After paragraph (5) insert—
6
Where—
a
the deceased is survived by a civil partner (“the surviving civil partner”) and is also survived by children who are—
i
issue of the deceased and the surviving civil partner,
ii
children adopted by the deceased and the surviving civil partner jointly,
iii
issue of the deceased and adopted by the surviving civil partner, or
iv
adopted by the deceased and the issue of the surviving civil partner; and
b
the surviving civil partner becomes entitled under the deceased’s will or the law relating to intestacy, or a combination of the deceased’s will and that law, to the net estate of the deceased or to an interest in the estate which amounts to a reasonable financial provision for both the surviving civil partner and the children,
the court shall not make an order under this Article on the application of any of the children who is a minor.
4
The amendments made by paragraphs (2) and (3) apply only in relation to deaths occurring on or after 13th January 2020.
Domestic Proceedings (Northern Ireland) Order 1980I15138
Judgments Enforcement (Northern Ireland) Order 1981I16139
In paragraph 3(c)(ii) of Schedule 1 to the Judgments Enforcement (Northern Ireland) Order 1981226 (amounts deductible for purposes of a superannuation scheme are deductible in calculating “attachable earnings”), for “widows,” substitute “surviving spouses, surviving civil partners,”.
Mental Health (Northern Ireland) Order 1986I17140
1
The Mental Health (Northern Ireland) Order 1986227 is amended as follows.
2
In Article 32 (definition of “nearest relative”)—
a
in paragraph (1)(a), after “spouse” insert “or civil partner”;
b
in paragraph (4)—
i
in sub-paragraph (b), after “spouse” insert “or civil partner”;
ii
in sub-paragraph (c), after “spouse” insert “, civil partner”;
c
in each of paragraphs (5) and (6)(b)—
i
after “married patient” insert “or a patient who has a civil partner”;
ii
after “unless the spouse” insert “or civil partner”.
3
In Article 33 (children and young persons in care), for “husband or wife” substitute “spouse or civil partner”.
Agriculture and Fisheries (Financial Assistance) (Northern Ireland) Order 1987I18141
1
Article 10 of the Agriculture and Fisheries (Financial Assistance) (Northern Ireland) Order 1987228 (grants for individuals relinquishing occupation of uncommercial units) is amended as follows.
2
In paragraph (2)(c), after “husband” insert “or civil partner”.
3
In paragraph (5), after “widower” insert “or civil partner”.
4
In paragraph (6)(a)(ii), after “spouse” insert “or civil partner”.
Public Order (Northern Ireland) Order 1987I19142
In Article 8 of the Public Order (Northern Ireland) Order 1987229 (meaning of “fear” and “hatred”)—
a
the existing text becomes paragraph (1),
b
after that paragraph insert—
2
For the purposes of this Part, any discussion or criticism of marriage which concerns the sex of the parties to marriage is not to be taken of itself to be—
a
threatening, abusive or insulting, or
b
intended to stir up hatred or arouse fear.
c
in the heading, at the end insert “etc.”.
Employment Rights (Northern Ireland) Order 1996I20143
In the Employment Rights (Northern Ireland) Order 1996230 in each of the following provisions, for “husband” substitute “spouse”—
a
Article 85ZE(7)(a);
b
Article 85ZG(7)(a)231.
Employment (Northern Ireland) Order 2002I21144
In Article 11 of the Employment (Northern Ireland) Order 2002232 (power to require information) in paragraph (2)(b), for “spouse or” substitute “spouse, civil partner or other”.
Housing (Northern Ireland) Order 2003I22145
1
The Housing (Northern Ireland) Order 2003233 is amended as follows.
2
In Article 14(2) (cases where the beneficiary of an order for the transfer of property on the end of a marriage or civil partnership may succeed to a tenancy), after “marriage” insert “or civil partnership”.
3
In Article 61(6) (renovation or disabled facilities grant applications: financial position of the applicant’s spouse or dependent or a person living, or intending to live, with the applicant), after “spouse” insert “or civil partner”.
4
In Article 85(2)(a)(ii) (conditions for obtaining certain grants: disposals to spouse or former spouse to be an exempt disposal), after “spouse”, in each place it occurs, insert “or civil partner”.
Charities Act (Northern Ireland) 2008I23146
1
Schedule 5 to the Charities Act (Northern Ireland) 2008234 (meaning of “connected persons” for purposes of section 57(2)) is amended as follows.
2
In paragraph 2—
a
in sub-paragraph (2), for “husband or wife” substitute “spouse”.
b
omit sub-paragraph (3).
Presumption of Death Act (Northern Ireland) 2009I24147
In section 1(2) of the Presumption of Death Act (Northern Ireland) 2009235 (jurisdiction of the court to entertain proceedings for a declaration that a person is presumed to be dead), before the “or” at the end of paragraph (b) insert—
ba
the applicant and the missing person—
i
are of the same sex and married each other under the law of Northern Ireland, or
ii
registered as civil partners of each other under the law of Northern Ireland,
and it appears to the court to be in the interests of justice to assume jurisdiction in the case;
Houses in Multiple Occupation Act (Northern Ireland) 2016I25148
In section 88(3)(a) of the Houses in Multiple Occupation Act (Northern Ireland) 2016236 (definition of “couple” to include same sex couples who live together in a relationship equivalent to marriage), for the words after “who live together as” substitute “if spouses of each other”.