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The Civil Partnership Act 2004 (Consequential Amendments) Order (Northern Ireland) 2005

S.R. 2005/479 · Made 4 November 2005

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

CIVIL PARTNERSHIP

Made 4th November 2005

To be laid before Parliament under paragraph 7(3) of the Schedule to the Northern Ireland Act 2000

Coming into operation 5th December 2005

The Department of Finance and Personnel, in exercise of the powers conferred on it by sections 254 and 259 of the Civil Partnership Act 2004f1 and of all other powers enabling it in that behalf, hereby makes the following Order:

Annotations to the whole text

Footnotes

f1

2004 c. 33.

Contents

  1. 1Citation and commencement
  2. 2Amendments of legislation
  3. Signature
  4. Schedule: AMENDMENTS TO MISCELLANEOUS LEGISLATION
  5. 1Fisheries Act (Northern Ireland) 1966
  6. 2Health and Personal Social Services (Northern Ireland) Order 1972
  7. 3Financial Provisions (Northern Ireland) Order 1976
  8. 4Pneumoconiosis, etc., (Workers' Compensation) (Northern Ireland) Order 1979
  9. 5Credit Unions (Northern Ireland) Order 1985
  10. 6Insolvency (Northern Ireland) Order 1989
  11. 7Children (Northern Ireland) Order 1995
  12. 8Road Traffic (Northern Ireland) Order 1995
  13. Explanatory note

1Citation and commencement

This Order may be cited as the Civil Partnership Act 2004 (Consequential Amendments) Order (Northern Ireland) 2005 and shall come into operation on 5th December 2005.

2Amendments of legislation

The Schedule (which contains amendments to miscellaneous legislation) shall have effect.

Signature

Sealed with the Official Seal of the Department of Finance and Personnel on 4th November 2005.

L.S.

Ethne E. Harkness

A senior officer of the

Department of Finance and Personnel

1Fisheries Act (Northern Ireland) 1966

In section 119 (temporary continuance of licence on death), for “widow” substitute “surviving spouse or civil partner”.

2Health and Personal Social Services (Northern Ireland) Order 1972

(1)

In the definition of “relative” in Article 2(2) (interpretation), after “spouse” insert “or civil partner”.

(2)

In Article 100 (liability to maintain spouse and children)—

(a)

in paragraph (1)(a) for “wife” substitute “spouse or civil partner”,

(b)

in paragraph (1)(b) for “husband” substitute “spouse or civil partner”,

(c)

in the heading to Article 100, after “spouse” insert “or civil partner”.

3Financial Provisions (Northern Ireland) Order 1976

(1)

In Article 15(1), after “marriage” insert “, civil partnership”.

(2)

In the heading to Article 15, after “marriage” insert “, civil partnership”.

4Pneumoconiosis, etc., (Workers' Compensation) (Northern Ireland) Order 1979

(1)

In Article 5(1)(a) (meaning of “dependant”)—

(a)

after “a spouse” insert “or a civil partner”;

(b)

after “that spouse” both times it occurs insert “or that civil partner”.

(2)

In Article 5(1)(c)—

(a)

after “a reputed spouse” insert “or a reputed civil partner”;

(b)

after “that reputed spouse” insert “or that reputed civil partner”.

(3)

In Article 5(3), after “wedlock” insert “or in the course of a civil partnership”.

5Credit Unions (Northern Ireland) Order 1985

In the definition of “civil partner” in Article 2(2) (interpretation), after “former civil partner” insert “and reputed civil partner”.

6Insolvency (Northern Ireland) Order 1989

In Article 4(8) (“Associate”), after “former civil partner” insert “and a reputed civil partner”.

7Children (Northern Ireland) Order 1995

In Article 24(3A)(b) (recoupment of cost of providing services, etc.), for “married or unmarried couple” substitute “couple”.

8Road Traffic (Northern Ireland) Order 1995

In Article 25(2)(bb) (payments in respect of applicants for exemption from wearing seat belts), for “married or unmarried couple” substitute “couple”.

Explanatory note

(This note is not part of the Order)

This Order makes minor amendments to Northern Ireland legislation to take account of the Civil Partnership Act 2004 (“the Act”).

Paragraph 1 of the Schedule amends section 119 of the Fisheries Act (Northern Ireland) 1966 (c. 17 (N.I.)) and provides that a dealer’s licence continues for the benefit of the surviving civil partner of a licence holder for two months from the date of the death of the licence holder.

Paragraph 2 of the Schedule amends the Health and Personal Social Services (Northern Ireland) Order 1972 (S.I. 1972/1265 (N.I. 14)). The definition of “relative” in Article 2 is amended to include civil partners. Article 100, which provides that husbands and wives are responsible for maintaining their spouses and children, is amended to make similar provision in respect of civil partners and their children.

Paragraph 3 of the Schedule amends Article 15 of the Financial Provisions (Northern Ireland) Order 1976 (S.I. 1976/1212 (N.I. 21)) to provide that a fee is payable for the issue of a certificate of civil partnership under section 10 of the Savings Banks Act 1887 (c. 40).

Paragraph 4 of the Schedule amends the definition of “dependant” in Article 5 of the Pneumoconiosis, etc., (Workers' Compensation) (Northern Ireland) Order 1979 (S.I. 1979/925 (N.I. 9)) to include references to civil partners and reputed civil partners, as appropriate.

Paragraphs 5 and 6 of the Schedule amend Article 2(2) of the Credit Unions (Northern Ireland) Order 1985 (S.I. 1985/1205 (N.I. 12)) and Article 4(8) of the Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19)) respectively by inserting the term “reputed civil partner” alongside existing references to “reputed spouse” and “reputed husband and wife” respectively.

Paragraph 7 of the Schedule amends Article 24(3A)(b) of the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2)) by replacing the term “married or unmarried couple” with the term “couple” which includes civil partners and two persons living together as if they were civil partners. The term “couple” is to be understood by reference to the definition of “couple” in section 17 of the State Pension Credit Act (Northern Ireland) 2002 (c. 14 (N.I)).

Paragraph 8 of the Schedule amends Article 25(2)(bb) of the Road Traffic (Northern Ireland) Order 1995 (S.I. 1995/2994 (N.I. 18)) by replacing the term “married or unmarried couple” with the term “couple” which includes civil partners and two persons living together as if they were civil partners. The term “couple” is to be understood by reference to the definition of “couple” in section 17 of the State Pension Credit Act (Northern Ireland) 2002 (c. 14 (N.I)).

A regulatory impact assessment has not been produced for this Order as it has no impact on the costs of business, charities or voluntary bodies; neither does it have significant financial impact on any public bodies. A full regulatory impact assessment for civil partnership was published alongside the Act and can be viewed at http://www.dti.gov.uk/access/ris/index.htm#equality.