The Civil Partnership Act 2004 (Relationships Arising Through Civil Partnership) Order 2005

• Citation: S.I. 2005/3137
• Sections: 156

Section 1 Citation and commencement

This Order may be cited as the Civil Partnership Act 2004 (Relationships Arising Through Civil Partnership) Order 2005 and comes into force on 5th December 2005.

Section 2 Amendment of Schedule 21 to the Civil Partnership Act 2004

In Schedule 21 to the Civil Partnership Act 2004 (references to stepchildren etc. in existing Acts)—

(a) after paragraph 2 insert—

(2A) Section 4(3) of the Workmen’s Compensation Act 1925 (c. 84) (Member of a family) .

(b) after paragraph 15 insert—

(15A) Section 11(6) of the Inheritance Tax Act 1984 (c. 51) (dispositions for maintenance of family).

(15B) Section 22(2) of that Act (gifts in consideration of marriage).

(15C) Section 71(8) of that Act (accumulation and maintenance trusts).

(c) after paragraph 22 insert—

(22A) Section 743(b) of that Act (“employees' share scheme”).

(d) after paragraph 31 insert—

(31A) Paragraph 2(5) of Schedule 14 to the Income and Corporation Taxes Act 1988 (c. 1) (life assurance premiums payable to friendly societies and industrial assurance companies).

(e) after paragraph 35 insert—

(35A) Paragraphs 2(7), 2A(10) and 9(11) of Schedule 5 to the Taxation of Chargeable Gains Act 1992 (c. 12) (attribution of gains to settlors with interest in non-resident or dual resident settlement).

(f) after paragraph 49 insert—

(49A) Section 80(4A) of the Care Standards Act 2000 (c. 14) (basic definitions) .

(g) after paragraph 53 insert—

(54) Section 242(2) of the Income Tax (Earnings and Pensions) Act 2003 (c. 1) (works transport services).

(55) Section 270A(3)(a) of that Act (limited exemption for qualifying childcare vouchers) .

(56) Section 318(3) of that Act (childcare: exemption for employer-provided care) .

(57) Section 318A(3) of that Act (childcare: limited exemption for other care) .

(58) Section 318C(8) of that Act (childcare: meaning of “qualifying child care”) .

(59) Section 371(7) of that Act (travel costs and expenses where duties performed abroad: visiting spouse’s or child’s travel).

(60) Section 374(9) of that Act (non-domiciled employee’s spouse’s or child’s travel costs and expenses where duties performed in UK ).

(61) Section 27(3)(a) and (c) of the Sexual Offences Act 2003 (c. 42) (family relationships).

(62) Section 27(4) of the Human Tissue Act 2004 (c. 30) (provision with respect to consent).

(63) Section 54(9) of that Act (general interpretation).

Section 3 References to stepchildren etc. in existing subordinate legislation

(1) Section 246 of the Civil Partnership Act 2004 (interpretation of statutory references to stepchildren etc.) applies to the provisions of existing subordinate legislation listed in the Schedule.

(2) The application of section 246 of the Civil Partnership Act 2004 to the provisions in the Regulations set out in paragraphs 24 and 44 of the Schedule applies to those Regulations as modified in their application to persons to whom regulations 2(1) and 12(1) of the Housing Benefit and Council Tax Benefit (State Pension Credit) Regulations 2003 apply and to those Regulations as not so modified.

(3) The application of section 246 of the Civil Partnership Act 2004 to the provisions in the Regulations set out in paragraphs 27 and 47 of the Schedule applies to those Regulations as modified in their application to persons to whom regulations 2(1) and 12(1) of the Housing Benefit and Council Tax Benefit (State Pension Credit) Regulations 2003 apply.

Section 1

Regulation 2 of the Industrial Assurance (Premium Receipt Books) Regulations 1948 (entries).

Section 2

Paragraph 2 of Part II (employments not to be treated as employed earners' employments for industrial injuries purposes) of Schedule 1 to the Social Security (Employed Earners' Employment for Industrial Injuries Purposes) Regulations 1975 .

Section 3

The definition of “member of the family of a serving member of the forces” in regulation 2(5)(b) of the Social Security Benefit (Persons Abroad) Regulations 1975 (modification of the Act in relation to incapacity benefit, severe disablement allowance, unemployability supplement and maternity allowance).

Section 4

Regulation 9(3)(c) of the Social Security (Invalid Care Allowance) Regulations 1976 (conditions relating to residence and presence in Great Britain).

Section 5

The definition of “relative” in paragraph 17 of Schedule 3 to the Local Authorities Cemeteries Order 1977 (interpretation).

Section 6

Paragraph 7 in Column A of Schedule 1 to the Social Security (Categorisation of Earners) Regulations (Northern Ireland) 1978 .

Section 7

The definition of “child” in articles 222(2) and 222(4) of section 14 of Part 4 (Family Pensions and Gratuities) of the Schedule to the Army Pensions Warrant 1977 .

Section 8

Articles 223(c), 224(b), 242(b) and 253(b)(2) of section 14 of Part 4 of the Schedule to that Warrant.

Section 9

The definition of “adult dependant” in article 2(3) of the Personal Injuries (Civilians) Scheme 1983 .

Section 10

The definition of “dependant child” in article 2(7) of that Scheme.

Section 11

The definition of a “father” in article 2(11) of that Scheme.

Section 12

The definition of an “other dependant” in article 2(15) of that Scheme.

Section 13

Article 3(9) of that Scheme (Interpretation).

Section 14

Article 39(7) of that Scheme (War Injuries sustained by children).

Section 15

Article 1(7)(b) of the Naval, Military and Air Forces etc (Disablement and Death) Service Pensions Order 1983 (Citation, commencement and interpretation).

Section 16

The definition of “adult dependant” in paragraph 16 of Schedule 4 to that Order.

Section 17

The definition of a “child” in paragraph 19 of Schedule 4 to that Order.

Section 18

The definition of an “other dependant” in paragraph 38 of Schedule 4 to that Order.

Section 19

Regulation 2(2) of the Social Security (Severe Disablement Allowance) Regulations 1984 .

Section 20

The definition of “child” in article 5(6) of the Building Societies Act 1986 (Powers and Miscellaneous Transitional Provisions) Order 1986 (residential use and prescribed dependants).

Section 21

The definition of “close relative” in regulation 2(1) of the Income Support (General) Regulations 1987 (interpretation).

Section 22

Paragraphs 39(4)(b)(i) and (ii) and 39(5)(b)(i) and (ii) of Schedule 9 to those Regulations (sums to be disregarded in the calculation of income other than earnings).

Section 23

Paragraphs 22(4)(b)(i) and (ii) and 22(5)(b)(i) and (ii) of Schedule 10 to those Regulations (capital to be disregarded).

Section 24

The definition of “close relative” in regulation 2(1) of the Housing Benefit (General) Regulations 1987 (interpretation).

Section 25

Paragraphs 34(4)(b)(i) and (ii) and 34(5)(b)(i) and (ii) of Schedule 4 to those Regulations (sums to be disregarded in the calculation of income other than earnings).

Section 26

Paragraphs 23(4)(b)(i) and (ii) and 23(5)(b)(i) and (ii) of Schedule 5 to those Regulations (capital to be disregarded).

Section 27

Paragraphs 16(4)(b)(i) and (ii) and 16(5)(b)(i) and (ii) of Schedule 5ZA to those Regulations (Part I: capital to be disregarded).

Section 28

The definition of “child” in articles 14(a)(2) and 14(a)(4) of section II of Schedule IX (Family Pensions and Gratuities) to the Naval and Marine Pay and Pensions (Non-Effective Benefits and Family Pensions) Order 1988 .

Section 29

Article 15(b) of section II of Schedule IX (Family Pensions and Gratuities) to that Order.

Section 30

The definition of “child” in articles 14(a)(2) and 14(a)(4) of section II of Schedule VIII (Family Pensions and Gratuities) to the Naval and Marine Pay and Pensions (Non-Effective Benefits and Family Pensions) Order 1989 .

Section 31

Article 15(b) of section II of Schedule VIII (Family Pensions and Gratuities) to that Order.

Section 32

The definition of “son or daughter” in regulation 2(1) of the Income Tax (Building Societies) (Dividends and Interest) Regulations 1990 (interpretation).

Section 33

The definition of “son or daughter” in regulation 2 of the Income Tax (Deposit-takers) (Interest Payments) Regulations 1990 (interpretation).

Section 34

The definition of “child” in articles 14(a)(2) and 14(a)(4) of section II of Schedule IX (Family Pensions and Gratuities) to the Naval and Marine Pay and Pensions (Non-Effective Benefits and Family Pensions) Order 1990 .

Section 35

Article 15(b) of section II of Schedule IX (Family Pensions and Gratuities) to that Order.

Section 36

Regulation 2(2)(c) of the Social Security (Attendance Allowance) Regulations 1991 (conditions as to residence and presence in Great Britain).

Section 37

Regulation 2(2)(c) of the Social Security (Disability Living Allowance) Regulations 1991 (conditions as to residence and presence in Great Britain).

Section 38

The definition of “child” in articles 14(a)(2) and 14(a)(4) of section II of Schedule IX (Family Pensions and Gratuities) to the Naval and Marine Pay and Pensions (Non-Effective Benefits and Family Pensions) Order 1991 .

Section 39

Article 15(b) of section II of Schedule IX (Family Pensions and Gratuities) to that Order.

Section 40

The definition of “child” in articles 14(a)(2) and 14(a)(4) of section II of Schedule IX (Family Pensions and Gratuities) of the Naval and Marine Pay and Pensions (Non-Effective Benefits and Family Pensions) ( No. 2) Order 1991 .

Section 41

Article 15(b) of section II of Schedule IX (Family Pensions and Gratuities) to that Order.

Section 42

Paragraph (1)(b) of rule D5 (child’s allowance or special gratuity - limitations) of the Firefighters' Pension Scheme , set out in Schedule 2 to the Firemens' Pension Scheme Order 1992 .

Section 43

The definition of “child” in Part 1 (glossary of expressions) of Schedule 1 (interpretation) to the Firefighters' Pension Scheme, set out in Schedule 2 to that Order.

Section 44

The definition of “close relative” in regulation 2(1) of the Council Tax Benefit (General) Regulations 1992 (interpretation).

Section 45

Paragraphs 35(4)(b)(i) and (ii) and 35(5)(b)(i) and (ii) of Schedule 4 to those Regulations (sums to be disregarded in the calculation of income other than earnings).

Section 46

Paragraphs 23(4)(b)(i) and (ii) and 23(5)(b)(i) and (ii) of Schedule 5 to those Regulations (capital to be disregarded).

Section 47

Paragraphs 16(4)(b)(i) and (ii) and 16(5)(b)(i) and (ii) of Schedule 5ZA to those Regulations (Part I: capital to be disregarded).