法律人 LawPlayer logo

資料由法律人 LawPlayer整理提供·UK legislation / curated by LawPlayer from legislation.gov.uk

Statutory Instrument

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

Citation
S.I. 2005/3302 (W.)
As at
Sections
31
Section 1Title, commencement and application

(1) The title of this Order is the Civil Partnership Act 2004 (Consequential Amendments to Subordinate Legislation) (Wales) Order 2005.

(2) This Order comes into force on 5 December 2005 and applies in relation to Wales.

Section 2Amendments to subordinate legislation

The Schedule (which contains amendments to subordinate legislation) has effect.

Section 1Welsh Development Agency (Compensation) Regulations 1976

In the Welsh Development Agency (Compensation) Regulations 1976( , in regulations 22, 23, 24, 28 and 31, insert “, surviving civil partner,” after “widow” in each place.

Section 2Local Authorities' Cemeteries Order 1977

In the Local Authorities' Cemeteries Order 1977 , in Schedule 3, in paragraph 17, for “husband or wife” substitute “spouse or a civil partner”.

Section 3State Awards (State Bursaries for Adult Education)(Wales) Regulations 1979

In the State Awards (State Bursaries for Adult Education)(Wales) Regulations 1979 , in Schedule 2—

(a) in paragraphs 1(2)(a) and (b) after “his spouse” insert “ or civil partner or;”; and

(b) in paragraph 4(1)(b) after “the spouse,” insert “civil partner,”.

Section 4National Health Service (Travelling Expenses and Remission of Charges) Regulations 1988

In the National Health Service (Travelling Expenses and Remission of Charges) Regulations 1988 , in regulation 2(1)—

(a) in the definition of “partner”, in sub-paragraph (a) after “unmarried couple” insert “or of a civil partnership”; and

(b) after “that couple” insert “or civil partnership (as the case may be)”.

Section 5National Health Service (Charges to Overseas Visitors) Regulations 1989

In the National Health Service (Charges to Overseas Visitors) Regulations 1989 , in regulations 4(4), 4A(2), 5(b) and (e) after “spouse” insert “, civil partner, ” in each place.

Section 6Valuation and Community Charge Tribunals Regulations 1989

In the Valuation and Community Charge Tribunals Regulations 1989 , in regulations 9(1)(f), 23(2) and 42(3) after “spouse” insert “or civil partner” in each place.

Section 7Council Tax (Additional Provisions for Discount Disregards) Regulations 1992

In the Council Tax (Additional Provisions for Discount Disregards) Regulations 1992 —

(a) in regulation 3(1), in the paragraph concerning Class E, after “spouse” insert “, civil partner”; and

(b) at the end of paragraph (a) of sub-paragraph (1) of paragraph 4 of the Schedule, delete the word “or” and, after that paragraph, insert—

(aa) that person is the civil partner of the other or they live together as if they were civil partners; or

Section 8Council Tax (Exempt Dwellings) Order 1992

In the Council Tax (Exempt Dwellings) Order 1992 —

(a) in Article 2(5)—

(i) in sub-paragraph (a) after “spouse” insert “or civil partner”;

(ii) in sub-paragraph (i) after “marriage” insert “or civil partnership”;

(iii) in sub-paragraph (ii)—

(aa) after “marriage”, insert “and a relationship between two persons of the same sex living together as if they were civil partners is to be treated as a relationship by civil partnership;” and

(bb) at the end, delete the word “and”;

(iv) after sub-paragraph (iii), insert—

and

(v) the child of the civil partner of a person (here “A”) shall be treated as A’s child.

(b) in article 3, in the paragraph concerning Class N, in sub-paragraph (2)(a)(ii)—

(i) after “spouse” insert “, civil partner,”; and

(ii) for “either”, substitute “each”.

Section 9Council Tax (Administration and Enforcement) Regulations 1992

In the Council Tax (Administration and Enforcement) Regulations 1992 —

(a) in Regulation 32(1), in the definition of “net earnings”, in sub-paragraph (c)(ii) after “widows” insert “widowers, surviving civil partners”; and

(b) in Regulation 58(1)(b) after “spouse” insert “or civil partner”.

Section 10Valuation Tribunals (Wales) Regulations 1995

In the Valuation Tribunals (Wales) Regulations 1995 , in regulations 7(1)(f), 23(2) and 42(3), after “spouse” insert “or civil partner”.

Section 11Housing Renewal Grants Regulations 1996

In the Housing Renewal Grants Regulations 1996 —

(a) in Regulation 2(1)—

(i) in the definition of “close relative” after “spouse” insert “or civil partner”;

(ii) in the definition of “family”—

(aa) in paragraphs (a) and (b) after “married or unmarried couple”, insert “or both members of a civil partnership” in each place;

(bb) in paragraph (c) after “married or unmarried couple”, insert “or of a civil partnership”;

(iii) in the definition of “member of a couple” after “unmarried couple” insert “or of a civil partnership”;

(iv) in the definition of “partner”, in paragraph (a), after “married or unmarried couple” insert “or of a civil partnership”;

(v) in the definition of “unmarried couple” after “Schedule 3” omit the rest of the definition and substitute the following—

(a) a man and woman who are not married to each other but are living together as husband and wife; or

(b) two persons of the same sex who are not civil partners but are living together as if they were civil partners;

(b) in Schedule 1, in paragraph 10A(1)(b), after “spouse” insert “or civil partner”; and

(c) in Schedule 4, in paragraph 65 after “deceased spouse” insert “or deceased civil partner” in each place.

Section 12Council Tax (Prescribed Classes of Dwellings) Regulations 1998

In the Council Tax (Prescribed Classes of Dwellings) Regulations 1998 , in the Schedule—

(a) in paragraph 1(1) for “or for his spouse by reason of the spouse’s employment” substitute “or for his spouse or civil partner by reason of their employment”; and

(b) in paragraphs 2(1), (2) and (3) after “spouse” insert “or civil partner”;

(c) in paragraph 3, add at the end—

; and references to the civil partner of a person are to be taken to include references to a person of the same sex who is living with the other as if they were that person’s civil partner

Section 13Education (School Government) (Wales) Regulations 1999

In the Education (School Government) (Wales) Regulations 1999 , in Schedule 7—

(a) in paragraph 1 insert the following new sub-paragraph after sub-paragraph 1(c)—

(d) to a person’s civil partner includes someone living with that person as if he or she were that person’s civil partner

(b) in paragraph 2(4), after “spouse” insert “or civil partner”.

Section 14Local Government (Early Termination of Employment) (Discretionary Compensation) (England and Wales) Regulations 2000

In the Local Government (Early Termination of Employment) (Discretionary Compensation) (England and Wales) Regulations 2000 , in Schedule 1, in paragraph 1, in the definition of “eligible child”, in sub-paragraph (c)(ii), after “married” insert “or entered into civil partnership with”.

Section 15Home Energy Efficiency Schemes (Wales) Regulations 2000

In the Home Energy Efficiency Schemes (Wales) Regulations 2000 , in regulations 5(1)(a), 5(1)(b), 5(2)(a), 5(2)(b), 5(2)(d), and 5(6) after “spouse” insert “or civil partner”.

Section 16Standards Committees (Wales) Regulations 2001

In the Standards Committees (Wales) Regulations 2001 , in regulation 2, in the definition of “independent member”, in paragraph (c) after “spouse” insert “or civil partner”.

Section 17Care Homes (Wales) Regulations 2002

In the Care Homes (Wales) Regulations 2002 —

(a) in regulation 2(1), in the definition of “relative”—

(i) in paragraphs (a), (b), (c), and (d), after “spouse” insert “or civil partner”;

(ii) after “his child,” delete “and”;

(iii) after “wife” insert “, and references to a “civil partner” include a former civil partner.” ; and

(b) In Schedule 3, in paragraph 3(a) after “marital status” insert “or civil partnership status”.

Section 18Private and Voluntary Health Care (Wales) Regulations 2002

In the Private and Voluntary Health Care (Wales) Regulations 2002 , in Schedule 3, in Part II, in paragraph 1(a) after “marital status,” insert “or civil partnership status”.

Section 19Registration of Social Care and Independent Health Care (Wales) Regulations 2002

In the Registration of Social Care and Independent Health Care (Wales) Regulations 2002 , in regulation 2(1), in the definition of “relative”—

(a) in sub-paragraphs (a), (b), and (c), after “spouse” insert “or civil partner”;

(b) after “the person’s child,” delete “and”; and

(c) after “wife” insert “, and references to a “civil partner” include a former civil partner.”

Section 20Local Health Boards (Constitution, Membership and Procedures) (Wales) Regulations 2003

In the Local Health Boards (Constitution, Membership and Procedures) (Wales) Regulations 2003 , in regulation 15(5), after “ (whether of different sexes or not), ” insert “or as civil partners”.

Section 21Fostering Services (Wales) Regulations 2003

In the Fostering Services (Wales) Regulations 2003 in regulation 24(10)—

(a) in paragraph (a) after “married to” insert “or the civil partner of”;

(b) in paragraph (c) after “married” insert “or with whom Person B has registered a civil partnership”;

(c) in Schedule 3, in paragraph 2—

(i) after “marital” insert “or civil partnership”; and

(ii) after “marriage” insert “, civil partnership”.

Section 22Residential Family Centres (Wales) Regulations 2003

In the Residential Family Centres (Wales) Regulations 2003 , in Schedule 4, in paragraph 2(a) after “marital status” insert “or civil partnership status”.

Section 23Domiciliary Care Agencies (Wales) Regulations 2004

In the Domiciliary Care Agencies (Wales) Regulations 2004 , in Regulation 2(1), in the definition of “relative”—

(a) in sub-paragraphs (a), (b), and (c) after “spouse” insert “or civil partner”;

(b) after “his or her child,” delete “and”; and

(c) after “wife” insert “, and references to a “civil partner” include a former civil partner.”

Section 24RTM Companies (Memorandum and Articles of Association) (Wales) Regulations 2004

In the RTM Companies (Memorandum and Articles of Association) (Wales) Regulations 2004 , in Schedule 1, in Part 1 (Memorandum of Association), in paragraph 4(u) after “surviving spouses insert “, civil partners, surviving civil partners, ”.

Section 25Leasehold Valuation Tribunals (Fees) (Wales) Regulations 2004

In the Leasehold Valuation Tribunals (Fees) (Wales) Regulations 2004 , in regulation 8(4), in sub-paragraph (b) (which defines “partner” for the purpose of that regulation), after “spouse” insert “or civil partner”.

Section 26Service Charges (Consultation Requirements) (Wales) Regulations 2004

In the Service Charges (Consultation Requirements) (Wales) Regulations 2004 , in regulation 2(1), in the definition of “close relative” after “spouse” insert “, civil partner”.

Section 27Local Authorities (Conduct of Referendums) (Wales) Regulations 2004

In the Local Authorities (Conduct of Referendums) (Wales) Regulations 2004 , in Schedule 3—

(a) in Table 2, in the entry relating to section 61 of the Representation of the People Act 1983 , in column (2), subsection (4), after “wife, insert “civil partner”; and

(b) in Table 3, in the entry relating to Rule 29 of the Local Elections (Principal Areas) Rules 1986 , in column (2), in paragraph (2B), after “wife” insert “civil partner” in each place.

Section 28Community Care, Services for Carers and Children’s Services (Direct Payments) (Wales) Regulations 2004

In the Community Care, Services for Carers and Children’s Services (Direct Payments) (Wales) Regulations 2004 in regulations 7(2)(a), (b), (d) and (e) after “spouse” insert “or civil partner” in each place.

Section 29Adult Placement Schemes (Wales) Regulations 2004

In the Adult Placement Schemes (Wales) Regulations 2004 , in Regulation 2(1), in the definition of “relative”—

(a) in the indented paragraphs (a), (b), (c) and (d) after “spouse” insert “or civil partner” in each place; and

(b) in the final paragraph after “wife” insert, and references to a “civil partner” include a former civil partner”.

31 sections

Cite this legislation

The Civil Partnership Act 2004 (Consequential Amendments to Subordinate Legislation) (Wales) Order 2005 (legislation.gov.uk, OGL v3.0). Retrieved via LawPlayer, https://lawplayer.com/uk/act/wsi-2005-3302

Contains public sector information licensed under the Open Government Licence v3.0.

OGL-3

本頁資料來源:legislation.gov.uk (The National Archives)·整理提供:法律人 LawPlayer· lawplayer.com