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.
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The Civil Partnership Act 2004 (Amendments to Subordinate Legislation) Order 2005
(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 2000 ...) 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 2003 ) 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.
In regulation 3 of the Smallholdings (Selection of Tenants) Regulations 1970 —
(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.
In paragraph 17 of Schedule 3 to the Local Authorities' Cemeteries Order 1977 , for “husband or wife” substitute “ spouse or a civil partner ” .
(1) Amend the Trade Union (Nominations) Regulations 1977 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 ” .
In rule 20(2)(a) of the Coroners Rules 1984 , after “spouse,” insert “ civil partner, ” .
In articles 16(3) and 22(2) of the Customs and Excise (Personal Reliefs for Special Visitors) Order 1992 , after “spouse” insert “ or civil partner ” .
Amend the Education (Fees and Awards) Regulations 1997 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 ” .
In regulation 11(2) of the Good Laboratory Practice Regulations 1999 , for “married, his spouse” substitute “ married or a civil partner, his spouse or civil partner ” .
In regulation 6(2)(b) of the Divorce etc (Pensions) Regulations 2000 , after “the other party” insert “ , or his having formed a subsequent civil partnership, ” .
In Schedule 1 to the Education (Grants etc.) (Dance and Drama) (England) Regulations 2001 —
(a) in paragraph 4, after “spouse,” insert “ civil partner, ” ; and
(b) in paragraph 7, after “spouse” (in each case) insert “ or civil partner ” .
(1) Amend the General Chiropractic Council (Registration) Rules, scheduled to the General Chiropractic Council (Registration) Rules Order of Council 1999 , 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; 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 ” .
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 , after “marriage” insert “ , civil partnership ” .
(1) Amend the Health Professions Council (Registration and Fees) Rules, scheduled to the Health Professions Council (Registration and Fees) Rules Order of Council 2003 , 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 ” .
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 , after “spouse” (in each place) insert “ or civil partner ” .
In regulations 4(4), 4A(2) and 5(b) and (e) of the National Health Service (Charges to Overseas Visitors) Regulations 1989 , after “spouse” insert “ , civil partner ” .
In regulation 12(5) of the National Institute for Clinical Excellence Regulations 1999 , after “whether married or not” insert “ or civil partners of each other or not ” .
In regulation 11(5) of the Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000 , after “whether married or not” insert “ or civil partners of each other or not ” .
In regulation 10(5) of the Commission for Patient and Public Involvement in Health (Membership and Procedure) Regulations 2002 , after “whether married or not” insert “ or civil partners of each other or not ” .
In regulation 10(5) of the Counter Fraud and Security Management Service Regulations 2002 , after “whether married or not” insert “ or civil partners of each other or not ” .
In regulation 11(5) of the Patients' Forums (Membership and Procedure) Regulations 2003 , after “whether married or not” insert “ or civil partners of each other or not ” .
In regulation 2 of the National Health Service (Travel Expenses and Remission of Charges) Regulations 2003 , in the definition of “partner” omit “married or an unmarried”.
In regulation 10(5) of the NHS Professionals Special Health Authority Regulations 2003 , after “whether married or not” insert “ or civil partners of each other or not ” .
In regulation 10(5) of the NHS Direct Regulations 2004 , after “whether married or not” insert “ or civil partners of each other or not ” .
In regulation 10(5) of the NHS Pensions Agency (Asiantaeth Pensiynau'r GIG) Regulations 2004 , after “whether married or not” insert “ or civil partners of each other or not ” .
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In regulation 2 of the National Care Standards Commission (Registration) Regulations 2001 , 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 ” .
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(1) Amend the River Authorities (Compensation) Regulations 1965 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 ” .
(1) Amend the Land Drainage (Compensation) Regulations 1977 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 ”
(1) Amend the Intestate Succession (Interest and Capitalisation) Order 1977 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 ” .
(1) Amend the Non-Contentious Probate Rules 1987 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 ” .
In regulation 21(1) of the Community Legal Service (Costs) Regulations 2000 , in the definition of “ family proceedings ”, at the end of sub-paragraph (g), omit “and” and after sub-paragraph (h), insert—
; and
(i) the Civil Partnership Act 2004;
In article 2(1) of the Community Legal Service (Funding) Order 2000 , in the definition of “ family proceedings ”, at the end of sub-paragraph (g), omit “and” and after sub-paragraph (h), insert—
; and
(i) the Civil Partnership Act 2004;
In article 2 of the Community Legal Service (Funding) (Counsel in Family Proceedings) Order 2001 , in the definition of “ family proceedings ”, at the end of sub-paragraph (g), omit “and” and after sub-paragraph (h), insert—
; and
(i) the Civil Partnership Act 2004;
(1) Amend the Representation of the People (England and Wales) Regulations 2001 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 ” .
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(1) Amend the Representation of People (Scotland) Regulations 2001 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 ” .
(1) Amend the Scottish Parliament (Elections etc.) Order 2002 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, ” .
(1) Amend the National Assembly for Wales (Representation of the People) Order 2003 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] ” .
(1) Amend the Local Elections (Principal Areas) Rules 1986 as follows.
(2) In Schedule 2 (Rules for conduct of an election of councillors of a principal area where poll is not taken together with poll at another election)—
(a) in rule 29(2), for “husband [wife]” (in each place) substitute “ spouse, civil partner ” ;
(b) in rule 33(3)(b), for “husband, wife” substitute “ spouse, civil partner ” ;
(c) in rule 38(2)(b), for “wives or husbands” substitute “ spouses or civil partners ” ; and
(d) in the Appendix of forms, in the 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 conduct of an election of councillors of a principal area where the poll is taken together with the poll at a relevant election or referendum)—
(a) in rule 29(2), in the first question, for “husband [wife]” substitute “ spouse, civil partner ” ;
(b) in rule 29(2), in the second question, for “husband [wife]” substitute “ spouse, civil partner ” ;
(c) in rule 33(3)(b), for “husband, wife” substitute “ spouse, civil partner ” ;
(d) in rule 38(1B)(b), for “wives or husbands” substitute “ spouses or civil partners ” ; and
(e) in the Appendix of forms, in the proxy's official poll card, for “husband, wife”, which appear in the fourth paragraph on the back of the card, substitute “ spouse, civil partner ” .
(1) Amend the Local Elections (Parishes and Communities) Rules 1986 as follows.
(2) In Schedule 2 (Rules for conduct of an election of councillors of a parish or community where poll is not taken together with poll at another election)—
(a) in rule 29(2), for “husband [wife]”(in each place) substitute “ spouse, civil partner ” ;
(b) in rule 33(3)(b), for “husband, wife” substitute “ spouse, civil partner ” ;
(c) in rule 38(2)(b), for “wives or husbands” substitute “ spouses or civil partners ” ; and
(d) in the Appendix of forms, in the 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 conduct of an election of councillors of a parish or community where the poll is taken together with the poll at a relevant election or referendum)—
(a) in rule 29(2), for “husband [wife]” (in each place) substitute “ spouse, civil partner ” ;
(b) in rule 33(3)(b), for “husband, wife” substitute “ spouse, civil partner ” ;
(c) in rule 38(1B)(b), for “wives or husbands” substitute “ spouses or civil partners ” ; and
(d) in the Appendix of forms, in the proxy's official poll card, for “husband, wife”, which appear in the fourth paragraph on the back of the card, substitute “ spouse, civil partner ” .
In the Schedule (Poll rules) to the Parish and Community Meetings (Polls) Rules 1987 —
(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 ” .
(1) Amend the Schedule to the Local Elections (Communities) (Welsh Forms) Order 1987 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 ” .
Amend the Schedule to the Local Elections (Principal Areas) (Welsh Forms) Order 1987 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 ” .
Cite this legislation
The Civil Partnership Act 2004 (Amendments to Subordinate Legislation) Order 2005 (legislation.gov.uk, OGL v3.0). Retrieved via LawPlayer, https://lawplayer.com/uk/act/uksi-2005-2114
Contains public sector information licensed under the Open Government Licence v3.0.
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