The Civil Partnership Act 2004 (Amendments to Subordinate Legislation) Order 2005

JurisdictionUK Non-devolved
CitationSI 2005/2114

2005 No. 2114

CIVIL PARTNERSHIP

The Civil Partnership Act 2004 (Amendments to Subordinate Legislation) Order 2005

Made 27th July 2005

Laid before Parliament 2nd August 2005

Coming into force 5th December 2005

The Secretary of State, in exercise of the powers conferred upon him by section 259 of the Civil Partnership Act 20041, hereby makes the following Order:

S-1 Citation and commencement

Citation and commencement

1. 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.

S-2 Amendments to subordinate legislation

Amendments to subordinate legislation

2.—(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) Schedule 4 (which contains amendments to subordinate legislation relating to establishments and agencies regulated under Part 2 of the Care Standards Act 20002, and amendment of the Community Care, Services for Carers and Children’s Services (Direct Payments) (England) Regulations 20033) shall have effect.

(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 20034) 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.

Meg Munn

Parliamentary Under-Secretary of State for Women and Equality

Department of Trade and Industry

27th July 2005

SCHEDULE 1

Article 2(1)

AMENDMENTS TO MISCELLANEOUS SUBORDINATE LEGISLATION

SCH-1.1

1. Smallholdings (Selection of Tenants) Regulations 1970

In regulation 3 of the Smallholdings (Selection of Tenants) Regulations 19705

(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)

“(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.”.

SCH-1.2

2. Local Authorities' Cemeteries Order 1977

In paragraph 17 of Schedule 3 to the Local Authorities' Cemeteries Order 19776, for “husband or wife” substitute “spouse or a civil partner”.

SCH-1.3

3. Trade Union (Nominations) Regulations 1977

(1) Amend the Trade Union (Nominations) Regulations 19777as 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)

(a) for “marriage of nominator” substitute “formation of a subsequent marriage or civil partnership by the nominator”; and

(b)

(b) after “marriage” (in each place) insert “or civil partnership”.

SCH-1.4

4. Coroners Rules 1984

In rule 20(2)(a) of the Coroners Rules 19848, after “spouse,” insert “civil partner,”.

SCH-1.5

5. Customs and Excise (Personal Reliefs for Special Visitors) Order 1992

In articles 16(3) and 22(2) of the Customs and Excise (Personal Reliefs for Special Visitors) Order 19929, after “spouse” insert “or civil partner”.

SCH-1.6

6. Education (Fees and Awards) Regulations 1997

Amend the Education (Fees and Awards) Regulations 199710as follows.

(1) In regulation 2—

(a)

(a) in paragraph (4), after “spouse” insert “or his civil partner”; and

(b)

(b) in paragraph (5), after “spouse” insert “or civil partner”.

(2) In the Schedule—

(a)

(a) in paragraph 2, after “spouse,” insert “civil partner”;

(b)

(b) in paragraph 3(1), after “spouse” insert “, civil partner”; and

(c)

(c) in paragraph 7, after “spouse” (in each place) insert “or civil partner”.

SCH-1.7

7. Good Laboratory Practice Regulations 1999

In regulation 11(2) of the Good Laboratory Practice Regulations 199911, for “married, his spouse” substitute “married or a civil partner, his spouse or civil partner”.

SCH-1.8

8. Divorce etc (Pensions) Regulations 2000

In regulation 6(2)(b) of the Divorce etc (Pensions) Regulations 200012, after “the other party” insert “, or his having formed a subsequent civil partnership,”.

SCH-1.9

9. Education (Grants etc.) (Dance and Drama) (England) Regulations 2001

In Schedule 1 to the Education (Grants etc.) (Dance and Drama) (England) Regulations 200113

(a) in paragraph 4, after “spouse,” insert “civil partner,”; and

(b) in paragraph 7, after “spouse” (in each case) insert “or civil partner”.

SCHEDULE 2

Article 2(2)

AMENDMENTS TO ORDERS OF COUNCIL RELATING TO HEALTH CARE PROFESSIONS

SCH-2.1

1. General Chiropractic Council (Registration) Rules Order of Council 1999

(1) Amend the General Chiropractic Council (Registration) Rules, scheduled to the General Chiropractic Council (Registration) Rules Order of Council 199914, as follows.

(2) For rule 2(3) substitute—

SCH-2.3

“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; or

(b) 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”.

SCH-2.2

2. General Chiropractic Council (Professional Conduct Committee) Rules Order of Council 2000

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 200015, after “marriage” insert “, civil partnership”.

SCH-2.3

3. Health Professions Council (Registration and Fees) Rules Order of Council 2003

(1) Amend the Health Professions Council (Registration and Fees) Rules, scheduled to the Health Professions Council (Registration and Fees) Rules Order of Council 200316, 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”.

SCH-2.4

4. Nursing and Midwifery Council (Education, Registration and Registration Appeals) Rules Order of Council 2004

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 200417, after “spouse” (in each place) insert “or civil partner”.

SCHEDULE 3

Article 2(3)

AMENDMENTS TO SUBORDINATE LEGISLATION RELATING TO THE NATIONAL HEALTH SERVICE

SCH-3.1

1. National Health Service (Charges to Overseas Visitors) Regulations 1989

In regulations 4(4), 4A(2) and 5(b) and (e) of the National Health Service (Charges to Overseas Visitors) Regulations 198918, after “spouse” insert “, civil partner”.

SCH-3.2

2. National Institute for Clinical Excellence Regulations 1999

In regulation 12(5) of the National Institute for Clinical Excellence Regulations 199919, after “whether married or not” insert “or civil partners of each other or not”.

SCH-3.3

3. Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000

In regulation 11(5) of the Primary Care Trusts...

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