Civil Partnership Bill [HL]

Civil Partnership Bill [HL] EXPLANATORY NOTES Explanatory notes to the Bill, prepared by the Department of Trade and Industry, are published separately as HL Bill 53—EN. EUROPEAN CONVENTION ON HUMAN RIGHTS The Baroness Scotland of Asthal has made the following statement under section 19(1)(a) of the Human Rights Act 1998: In my view the provisions of the Civil Partnership Bill [HL] are compatible with the Convention rights. HL Bill 53 53/3 Civil Partnership Bill [HL] CONTENTS PART 1 INTRODUCTION 1 Civil partnership PART 2 CIVIL PARTNERSHIPS: ENGLAND AND WALES CHAPTER 1 REGISTRATION Formation, eligibility and parental etc. consent 2 Formation of civil partnership by registration 3 Eligibility 4 Parental etc. consent where proposed civil partner under 18 Registration procedure: general 5 Types of pre-registration procedure 6 Place of registration 7 The civil partnership document The standard procedure 8 Notice of proposed civil partnership and declaration 9 Power to require evidence of name etc. 10 Proposed civil partnerships to be publicised 11 Meaning of “the waiting period” 12 Power to shorten the waiting period 13 Objection to proposed civil partnership 14 Issue of civil partnership schedule 15 Appeal against refusal to issue civil partnership schedule 16 Frivolous objections and representations: liability for costs etc. 17 Period during which registration may take place HL Bill 53 53/3 iv Civil Partnership Bill [HL] The procedures for house-bound and detained persons 18 House-bound persons 19 Detained persons Modified procedures for certain non-residents 20 Modified procedures for certain non-residents The special procedure 21 Notice of proposed civil partnership 22 Evidence to be produced 23 Application to be reported to Registrar General 24 Objection to issue of Registrar General’s licence 25 Issue of Registrar General’s licence 26 Frivolous objections: liability for costs 27 Period during which registration may take place Supplementary 28 Registration authorities 29 Civil partnership registrars 30 The Registrar General and the register 31 Offences relating to civil partnership schedule 32 Offences relating to Registrar General’s licence 33 Offences relating to the recording of civil partnerships 34 Fees 35 Regulations and orders CHAPTER 2 DISSOLUTION, NULLITY AND OTHER PROCEEDINGS Introduction 36 Powers to make orders and effect of orders 37 The period before conditional orders may be made final 38 Intervention of the Queen’s Proctor 39 Proceedings before order has been made final 40 Time bar on applications for dissolution orders 41 Attempts at reconciliation of civil partners 42 Consideration by the court of certain agreements or arrangements Dissolution of civil partnerships 43 Dissolution of civil partnership which has broken down irretrievably 44 Supplemental provisions as to facts raising presumption of breakdown 45 Dissolution order not precluded by previous separation order etc. 46 Refusal of dissolution in 5 year separation cases on grounds of grave hardship 47 Proceedings before order made final: protection for respondent in separation cases Civil Partnership Bill [HL] v Nullity 48 Grounds on which civil partnership is void 49 Grounds on which civil partnership is voidable 50 Bars to relief where civil partnership is voidable 51 Proof of certain matters not necessary to validity of civil partnership 52 Validity of civil partnerships registered outside England and Wales Presumption of death orders 53 Presumption of death orders Separation orders 54 Separation orders 55 Effect of separation order Declarations 56 Declarations 57 General provisions as to making and effect of declarations 58 The Attorney General and proceedings for declarations 59 Supplementary provisions as to declarations General provisions 60 Relief for respondent in dissolution proceedings 61 Restrictions on making of orders affecting children 62 Parties to proceedings under this Chapter CHAPTER 3 PROPERTY AND FINANCIAL ARRANGEMENTS 63 Contribution by civil partner to property improvement 64 Disputes between civil partners about property 65 Applications under section 64 where property not in possession etc. 66 Actions in tort between civil partners 67 Assurance policy by civil partner for benefit of other civil partner etc. 68 Wills, administration of estates and family provision 69 Financial relief for civil partners and children of family CHAPTER 4 CIVIL PARTNERSHIP AGREEMENTS 70 Civil partnership agreements unenforceable 71 Property where civil partnership agreement is terminated CHAPTER 5 CHILDREN 72 Parental responsibility, children of the family and relatives 73 Guardianship vi Civil Partnership Bill [HL] 74 Entitlement to apply for residence or contact order 75 Financial provision for children 76 Adoption CHAPTER 6 MISCELLANEOUS 77 False statements etc. with reference to civil partnerships 78 Housing and tenancies 79 Family homes and domestic violence 80 Fatal accidents claims PART 3 CIVIL PARTNERSHIPS: SCOTLAND CHAPTER 1 FORMATION AND ELIGIBILITY 81 Formation of civil partnership by registration 82 Eligibility CHAPTER 2 REGISTRATION 83 Appointment of authorised registrars 84 Notice of proposed civil partnership 85 Civil partnership notice book 86 Publicisation 87 Early registration 88 Objections to registration 89 Place of registration 90 The civil partnership schedule 91 Further provision as to registration 92 Civil partnership with former spouse 93 Certificates of no impediment for Part 2 purposes 94 Application of certain sections of 1965 Act to civil partnership register 95 Correction of errors in civil partnership register 96 Offences CHAPTER 3 OCCUPANCY RIGHTS AND TENANCIES Occupancy rights 97 Occupancy rights 98 Occupancy: subsidiary and consequential rights 99 Regulation by court of rights of occupancy of family home 100 Exclusion orders 101 Duration of orders under sections 99 and 100 Civil Partnership Bill [HL] vii 102 Continued exercise of occupancy rights after dealing 103 Dispensation with civil partner’s consent to dealing 104 Interests of heritable creditors 105 Provisions where both civil partners have title 106 Rights of occupancy in relation to division and sale 107 Adjudication Transfer of tenancy 108 Transfer of tenancy CHAPTER 4 INTERDICTS 109 Civil partners: competency of interdict 110 Attachment of powers of arrest to relevant interdicts 111 Police powers after arrest 112 Procedure after arrest CHAPTER 5 DISSOLUTION, SEPARATION AND NULLITY Dissolution and separation 113 Dissolution 114 Encouragement of reconciliation 115 Effect of resumption of cohabitation 116 Separation 117 Dissolution following on decree of separation 118 Registration of dissolution of civil partnership Nullity 119 Nullity 120 Validity of civil partnerships registered outside Scotland Financial provision after overseas proceedings 121 Financial provision after overseas dissolution or annulment CHAPTER 6 MISCELLANEOUS AND INTERPRETATION Miscellaneous 122 Regulations 123 Attachment 124 Promise or agreement to enter into civil partnership 125 Lord Advocate as party to action for nullity or dissolution of civil partnership 126 Civil partner of accused a competent witness 127 Assurance policies viii Civil Partnership Bill [HL] 128 General provisions as to fees Interpretation 129 Interpretation of this Part 130 The expression “relative” in the 1965 Act PART 4 CIVIL PARTNERSHIPS: NORTHERN IRELAND CHAPTER 1 REGISTRATION Formation and eligibility 131 Formation of civil partnership by registration 132 Eligibility Preliminaries to registration 133 Notice of proposed civil partnership 134 Civil partnership notice book and list of intended civil partnerships 135 Power to require evidence of name etc. 136 Objections 137 Civil partnership schedule Regulations 138 Regulations Young persons 139 Parental etc. consent where proposed civil partner under 18 Supplementary 140 Certificates of no impediment for Part 2 purposes 141 Registration districts and registration authorities 142 Registrars and other staff 143 Interpretation CHAPTER 2 DECLARATIONS 144 Declarations 145 General provisions as to making and effect of declarations 146 The Attorney General and proceedings for declarations 147 Supplementary provisions as to declarations 148 Parties to proceedings under this Chapter Civil Partnership Bill [HL] ix CHAPTER 3 SUPPLEMENTARY 149 Further provision for Northern Ireland PART 5 CIVIL PARTNERSHIPS FORMED OR DISSOLVED ABROAD ETC. CHAPTER 1 REGISTRATION OUTSIDE UK UNDER ORDER IN COUNCIL 150 Registration at British consulates etc. 151 Registration by armed forces personnel CHAPTER 2 OVERSEAS RELATIONSHIPS TREATED AS CIVIL PARTNERSHIPS 152 Meaning of “overseas relationship” 153 Specified relationships 154 The general conditions 155 Overseas relationships as civil partnerships: the general rule 156 The same-sex requirement 157 Person domiciled in a part of the United Kingdom 158 The public policy exception CHAPTER 3 DISSOLUTION ETC.: JURISDICTION AND RECOGNITION Introduction 159 Power to make provision corresponding to EC Regulation 2201/2003 Jurisdiction of courts in England and Wales 160 Meaning of “the court” 161 Proceedings for dissolution, separation or nullity order 162 Proceedings for presumption of death order 163 Proceedings for dissolution, nullity or separation order: supplementary 164 Applications for declarations as to validity etc. Jurisdiction of Scottish courts 165 Jurisdiction of Scottish courts 166 Sisting of proceedings 167 Scottish ancillary and collateral orders Recognition of dissolution, annulment and separation 168 Effect of dissolution,

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