Contents
- 1 Citation and commencement
- 2 Amendments to subordinate legislation
- Schedule 1 Amendments to miscellaneous subordinate legislation
- Schedule 2 Amendments to orders of council relating to health care professions
- Schedule 3 Amendments to subordinate legislation relating to the national health service
- Schedule 4 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
- Schedule 5 Amendments to subordinate legislation relating to flood management
- Schedule 6 Amendments to subordinate legislation relating to the administration of estates
- Schedule 7 Amendments to subordinate legislation relating to legal aid
- Schedule 8 Amendments to subordinate legislation relating to parliamentary elections in england and wales and european parliamentary elections
- Schedule 9 Amendments to subordinate legislation relating to parliamentary and european elections in northern ireland
- Schedule 10 Amendments to subordinate legislation relating to elections in scotland
- Schedule 11 Amendments to the national assembly for wales (representation of the people) order 2003
- Schedule 12 Amendments to subordinate legislation relating to local government elections, greater london authority elections, local authority referendums and local authority mayoral elections
- Schedule 13 Amendments to subordinate legislation relating to immigration and nationality
- Schedule 14 Amendments to subordinate legislation relating to probation
- Schedule 15 Amendments to subordinate legislation relating to merchant shipping
- Schedule 16 Amendments to subordinate legislation relating to financial services, national savings and investments and building societies and industrial assurance
- Schedule 17 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
- Schedule 18 Amendments to subordinate legislation relating to insolvency
Article 1Citation and commencement#
This Order may be cited as the Civil Partnership Act 2004 (Amendments to Subordinate Legislation) Order 2005 and shall come into force on 5th December 2005.
Article 2Amendments to subordinate legislation#
(1)Schedule 1 (which contains amendments to miscellaneous subordinate legislation) shall have effect.
(2)Schedule 2 (which contains amendments to Orders of Council relating to health care professions) shall have effect.
(3)Schedule 3 (which contains amendments to subordinate legislation relating to the National Health Service) shall have effect.
(4)Section 34 of the Act (time limit for prosecutions) shall apply to offences under regulation 4 as it applies to offences punishable under section 35(2) of the Act.
(5)Schedule 5 (which contains amendments to subordinate legislation relating to flood management) shall have effect.
(6)Schedule 6 (which contains amendments to subordinate legislation relating to the administration of estates) shall have effect.
(7)Schedule 7 (which contains amendments to subordinate legislation relating to legal aid) shall have effect.
(8)Schedule 8 (which contains amendments to subordinate legislation relating to Parliamentary elections in England and Wales and European Parliamentary elections) shall have effect.
(9)Schedule 9 (which contains amendments to subordinate legislation relating to Parliamentary and European Elections in Northern Ireland) shall have effect.
(10)Schedule 10 (which contains amendments to subordinate legislation relating to elections in Scotland) shall have effect.
(11)Schedule 11 (which contains amendments to the National Assembly for Wales (Representation of the People) Order 2003 note) shall have effect.
(12)Schedule 12 (which contains amendments to subordinate legislation relating to local government elections, Greater London Authority elections, local authority referendums and local authority mayoral elections) shall have effect.
(13)Schedule 13 (which contains amendments to subordinate legislation relating to immigration and nationality) shall have effect.
(14)Schedule 14 (which contains amendments to subordinate legislation relating to probation) shall have effect.
(15)Schedule 15 (which contains amendments to subordinate legislation relating to merchant shipping) shall have effect.
(16)Schedule 16 (which contains amendments to subordinate legislation relating to financial services, national savings and investments and building societies and industrial assurance) shall have effect.
(17)Schedule 17 (which contains 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) shall have effect.
(18)Schedule 18 (which contains amendments to subordinate legislation relating to insolvency) shall have effect.
Schedule 1 · Amendments to miscellaneous subordinate legislation
(1)In regulation 3 of the Smallholdings (Selection of Tenants) Regulations 1970 note—
(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.”
(2)In paragraph 17 of Schedule 3 to the Local Authorities' Cemeteries Order 1977 note, for “husband or wife” substitute “ spouse or a civil partner ”.
(3)
(1)Amend the Trade Union (Nominations) Regulations 1977 note 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 ”.
(4)In rule 20(2)(a) of the Coroners Rules 1984 note, after “spouse,” insert “ civil partner, ”.
(5)In articles 16(3) and 22(2) of the Customs and Excise (Personal Reliefs for Special Visitors) Order 1992 note, after “spouse” insert “ or civil partner ”.
(6)Amend the Education (Fees and Awards) Regulations 1997 note 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 ”.
(7)In regulation 11(2) of the Good Laboratory Practice Regulations 1999 note, for “married, his spouse” substitute “ married or a civil partner, his spouse or civil partner ”.
(8)In regulation 6(2)(b) of the Divorce etc (Pensions) Regulations 2000 note, after “the other party” insert “ , or his having formed a subsequent civil partnership, ”.
(9)In Schedule 1 to the Education (Grants etc.) (Dance and Drama) (England) Regulations 2001 note—
(a)
(b)
Schedule 2 · Amendments to orders of council relating to health care professions
(1)
(1)Amend the General Chiropractic Council (Registration) Rules, scheduled to the General Chiropractic Council (Registration) Rules Order of Council 1999 note, 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; orb 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 ”.
(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 note, after “marriage” insert “ , civil partnership ”.
(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 note, 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 ”.
(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 note, after “spouse” (in each place) insert “ or civil partner ”.
Schedule 3 · Amendments to subordinate legislation relating to the national health service
(1)In regulations 4(4), 4A(2) and 5(b) and (e) of the National Health Service (Charges to Overseas Visitors) Regulations 1989 note, after “spouse” insert “ , civil partner ”.
(2)In regulation 12(5) of the National Institute for Clinical Excellence Regulations 1999 note, after “whether married or not” insert “ or civil partners of each other or not ”.
(3)In regulation 11(5) of the Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000 note, after “whether married or not” insert “ or civil partners of each other or not ”.
(4)In regulation 10(5) of the Commission for Patient and Public Involvement in Health (Membership and Procedure) Regulations 2002 note, after “whether married or not” insert “ or civil partners of each other or not ”.
(5)In regulation 10(5) of the Counter Fraud and Security Management Service Regulations 2002 note, after “whether married or not” insert “ or civil partners of each other or not ”.
(6)In regulation 11(5) of the Patients' Forums (Membership and Procedure) Regulations 2003 note, after “whether married or not” insert “ or civil partners of each other or not ”.
(7)In regulation 2 of the National Health Service (Travel Expenses and Remission of Charges) Regulations 2003 note, in the definition of “partner” omit “married or an unmarried”.
(8)In regulation 10(5) of the NHS Professionals Special Health Authority Regulations 2003 note, after “whether married or not” insert “ or civil partners of each other or not ”.
(9)In regulation 10(5) of the NHS Direct Regulations 2004 note, after “whether married or not” insert “ or civil partners of each other or not ”.
(10)In regulation 10(5) of the NHS Pensions Agency (Asiantaeth Pensiynau'r GIG) Regulations 2004 note, after “whether married or not” insert “ or civil partners of each other or not ”.
Schedule 4 · 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 · Subordinate legislation relating to establishments and agencies regulated under part 2 of the care standards act 2000
(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)In regulation 2 of the National Care Standards Commission (Registration) Regulations 2001 note, 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 ”.
(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part 2 · Community care, services for carers and children's services (direct payments) (england) regulations 2003
(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Schedule 5 · Amendments to subordinate legislation relating to flood management
(1)
(1)Amend the River Authorities (Compensation) Regulations 1965 note 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 ”.
(2)
(1)Amend the Land Drainage (Compensation) Regulations 1977 note 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 ”
Schedule 6 · Amendments to subordinate legislation relating to the administration of estates
(1)
(1)Amend the Intestate Succession (Interest and Capitalisation) Order 1977 note 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 ”.
(2)
(1)Amend the Non-Contentious Probate Rules 1987 note 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 ”.
Schedule 7 · Amendments to subordinate legislation relating to legal aid
(1)In regulation 21(1) of the Community Legal Service (Costs) Regulations 2000 note, in the definition of “family proceedings”, at the end of sub-paragraph (g), omit “and” and after sub-paragraph (h), insert—“; andi the Civil Partnership Act 2004;”
(2)In article 2(1) of the Community Legal Service (Funding) Order 2000 note, in the definition of “family proceedings”, at the end of sub-paragraph (g), omit “and” and after sub-paragraph (h), insert—“; andi the Civil Partnership Act 2004;”
(3)In article 2 of the Community Legal Service (Funding) (Counsel in Family Proceedings) Order 2001 note, in the definition of “family proceedings”, at the end of sub-paragraph (g), omit “and” and after sub-paragraph (h), insert—“; andi the Civil Partnership Act 2004;”
Schedule 8 · Amendments to subordinate legislation relating to parliamentary elections in england and wales and european parliamentary elections
(1)
(1)Amend the Representation of the People (England and Wales) Regulations 2001 note 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 ”.
(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Schedule 9 · Amendments to subordinate legislation relating to parliamentary and european elections in northern ireland
(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Schedule 10 · Amendments to subordinate legislation relating to elections in scotland
(1)
(1)Amend the Representation of People (Scotland) Regulations 2001 note 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 ”.
(2)
(1)Amend the Scottish Parliament (Elections etc.) Order 2002 note 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, ”.
Schedule 11 · 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 note as follows.
(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] ”.
Schedule 12 · Amendments to subordinate legislation relating to local government elections, greater london authority elections, local authority referendums and local authority mayoral elections
Part 1 · Amendments to subordinate legislation relating to local government elections
(1)
(1)The Health and Safety (Fees) Regulations 2005 are amended as follows.
(2)In Schedule 2 (dangerous occurrences) —
(a)
(b)
(c)
(d)
(3)In regulation 9 (fees payable under the Explosives Act 1875 and instruments made thereunder, under the Petroleum (Consolidation) Act 1928, the Petroleum (Transfer of Licences) Act 1936 and the Classification and Labelling of Explosives Regulations 1983), substitute —
(a)
(b)
(c)
(d)
(e)in Part 6 (further fees payable in respect of certain testing required by the Health and Safety Executive), omit entry (e);
(2)
(1)The Health and Safety (Fees) Regulations 2005 are amended as follows.
(2)In Schedule 2 (dangerous occurrences) —
(a)
(b)
(c)
(d)
(3)In regulation 9 (fees payable under the Explosives Act 1875 and instruments made thereunder, under the Petroleum (Consolidation) Act 1928, the Petroleum (Transfer of Licences) Act 1936 and the Classification and Labelling of Explosives Regulations 1983), substitute —
(a)
(b)
(c)
(d)
(3)In the Schedule (Poll rules) to the Parish and Community Meetings (Polls) Rules 1987 note—
(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 ”.
(4)
(1)Amend the Schedule to the Local Elections (Communities) (Welsh Forms) Order 1987 note 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 ”.
(5)Amend the Schedule to the Local Elections (Principal Areas) (Welsh Forms) Order 1987 note 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 ”.
(6)
(1)Amend the Schedule to the Local Elections (Communities) (Welsh Forms) Order 2004 note (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 ”.
(7)
(1)Amend the Schedule to the Local Elections (Principal Areas) (Welsh Forms) Order 2004 note (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 ”.
Part 2 · Amendments to subordinate legislation relating to greater london authority elections
(8)
(1)Amend the Greater London Authority Elections (No. 2) Rules 2000 note 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 ”.
Part 3 · Amendments to subordinate legislation relating to local authority referendums
(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part 4 · Amendments to the subordinate legislation relating to local authory mayoral elections
(10)
(1)Amend the Local Authorities (Mayoral Elections) (England and Wales) Regulations 2002 note 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 ”.
Schedule 13 · Amendments to subordinate legislation relating to immigration and nationality
Part 1 · Immigration
(1)In regulation 2 of the Asylum Support (Interim Provisions) Regulations 1999 note—
(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;”
(2)
(1)Amend the Asylum Support Regulations 2000 note 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;”
(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;”
(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;”
(3)In regulation 2 of the Withholding and Withdrawal of Support (Travel Assistance and Temporary Accommodation) Regulations 2002 note—
(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.”
Part 2 · Nationality
(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5)
(1)Amend the British Nationality (General) Regulations 2003 note 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 ”.
(6)In regulation 5(1) of the British Nationality (Fees) Regulations 2003 note, for “a husband and wife” substitute “ either a husband and wife, or two people who are civil partners of each other, ”.
Schedule 14 · Amendments to subordinate legislation relating to probation
(1)
(1)Amend the Probation (Compensation) Regulations 1965 note 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 ”.
(2)In regulation 6(2)(e) of the Local Probation Boards (Miscellaneous Provisions) Regulations 2001 note, after “spouse,” insert “ civil partner ”.
Schedule 15 · Amendments to subordinate legislation relating to merchant shipping
Schedule 16 · Amendments to subordinate legislation relating to financial services, national savings and investments and building societies and industrial assurance
Part 1 · Financial services
(1)
(1)Amend the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 note 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 ”.
(2)In article 2(1) of the Financial Services and Markets Act 2000 (Promotion of Collective Investment Schemes) (Exemptions) Order 2001 note, in the definition of “close relative”, after “spouse” (in each place) insert “ or civil partner ”.
(3)In paragraph 8(2)(b) of the Schedule to the Financial Services and Markets Act 2000 (Collective Investment Schemes) Order 2001 note, after “widowers,” insert “ civil partners, surviving civil partners, ”.
(4)In paragraph 41(3)(b)(ii) of the Schedule to the Financial Services and Markets Act 2000 (Exemption) Order 2001 note, after “widowers” insert “ , civil partners, surviving civil partners, ”.
(5)In regulation 44(8)(a) of the Open-Ended Investment Companies Regulations 2001 note, after “spouse,” insert “ civil partner, ”.
Part 2 · National savings and investments
(6)
(1)Amend the Savings Contracts Regulations 1969 note 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 ”.
(7)
(1)Amend the National Savings Bank Regulations 1972 note 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 ”.
(8)
(1)Amend the Premium Savings Bonds Regulations 1972 note 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 ”.
(9)
(1)Amend the National Savings Stock Register Regulations 1976 note 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 ”.
(10)
(1)Amend the Savings Certificates (Yearly Plan) Regulations 1984 note 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 ”.
(11)
(1)Amend the Savings Certificates Regulations 1991 note 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 ”.
(12)
(1)Amend the Savings Certificates (Children's Bonus Bonds) Regulations 1991 note 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 ”.
Part 3 · Building societies and industrial assurance
(13)In regulation 2 of the Industrial Assurance (Premium Receipt Books) Regulations 1948 note, after “spouse” insert “ or civil partner ”.
(14)
(1)Amend the Building Societies Act 1986 (Powers and Miscellaneous Transitional Provisions) Order 1986 note 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;”
(15)
(1)Amend the Building Societies (Accounts and Related Provisions) Regulations 1998 note 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 ”.
Schedule 17 · 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
(1)
(1)Amend the Paternity and Adoption Leave Regulations 2002 note 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 ”.
(2)In regulation 14(2)(b) of the Statutory Paternity Pay and Statutory Adoption Pay (Administration) Regulations 2002 note, after “spouse” insert “ , civil partner ”.
(3)In regulation 11(1)(a) of the Statutory Paternity Pay and Statutory Adoption Pay (General) Regulations 2002 note, after “married to” insert “ , the civil partner ” (in each place).
(4)In regulation 3(1)(b)(ii) of the Flexible Working (Eligibility, Complaints and Remedies) Regulations 2002 note, after “married to” insert “ , the civil partner ”.
(5)
(1)Amend the Paternity and Adoption Leave (Adoption from Overseas) Regulations 2003 note 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 ”.
(6)In regulation 5(1)(a) of the Statutory Paternity Pay (Adoption) and Statutory Adoption Pay (Adoptions from Overseas) (No. 2) Regulations 2003 note, after “married to” insert “ , the civil partner ” (in each place).
(7)
(1)Amend the Employment Equality (Sexual Orientation) Regulations 2003 note 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—“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.”
(8)In regulation 3(1)(a) of the Conduct of Employment Agencies and Employment Businesses Regulations 2003 note, after “spouse” insert “ or civil partner ”.
Schedule 18 · Amendments to subordinate legislation relating to insolvency
Part 1 · Amendments to insolvency legislation
(1)
(1)Amend the Insolvency Rules 1986 note 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.
(2)
(1)Amend the Insolvent Partnerships Order 1994 note 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 ”.
(3)In Schedule 3 to the Limited Liability Partnerships Regulations 2001 note, in the entry relating to section 435 of the Insolvency Act 1986 note (meaning of “associate”), in the entry relating to the new subsection (3A), after “wife” insert “ or civil partner ”.
Part 2 · Forms for insertion into schedule 4 to the insolvency rules 1986
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