Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010
Amendment of section 2 of Act of 2004. |
7.— (1) Section 2(1) of the Act of 2004 is amended— | |
(a) by inserting the following definitions: | ||
“ ‘Act of 2010’ means the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010; | ||
‘civil partner’ has the meaning assigned to it by the Act of 2010; | ||
‘civil partnership registration’ means registration under section 59D; | ||
‘civil status’ means being single, married, separated, divorced, widowed, in a civil partnership or being a former civil partner in a civil partnership that has ended by death or been dissolved; | ||
‘dissolution’ means dissolution of a civil partnership under section 110 of the Act of 2010;”, | ||
(b) by substituting the following definition for the definition “ decree of divorce”: | ||
“ ‘decree of divorce’ has the meaning assigned to it by the Family Law (Divorce) Act 1996 ;”, | ||
(c) by substituting the following definition for the definition “ decree of nullity”: | ||
“ ‘decree of nullity’— | ||
(a) in the case of a decree of nullity of marriage, has the meaning assigned to it by the Family Law (Divorce) Act 1996 , and | ||
(b) in the case of a decree of nullity of civil partnership, has the meaning assigned to it by the Act of 2010;”, | ||
(d) in the definition of “event”, by substituting “divorce, decree of nullity, civil partnership registration or dissolution” for “divorce or decree of nullity”, | ||
(e) in the definition of “registrar” — | ||
(i) by inserting the following paragraph after paragraph (a): | ||
“(aa) in relation to a civil partnership registration or intended civil partnership registration, or the register of civil partnerships, means a registrar within the meaning of section 17,”, | ||
(ii) in paragraph (d), by substituting “,” for “, and”, and | ||
(iii) by substituting the following paragraphs for paragraph (e): | ||
“(e) in relation to a decree of nullity of marriage or the register of decrees of nullity of marriage, means the Courts Service, | ||
(f) in relation to a decree of dissolution, or the register of decrees of dissolution, means the Courts Service, and | ||
(g) in relation to a decree of nullity of a civil partnership or the register of decrees of nullity of civil partnerships, means the Courts Service,”. | ||
(2) Section 2(2) of the Act of 2004 is amended— | ||
(a) in paragraph (d), by substituting “,” for “, or”, | ||
(b) in paragraph (e) by substituting “sex, or” for “sex.”, and | ||
(c) by inserting the following paragraph after paragraph (e): | ||
“(f) one of the parties to the marriage is, or both are, already party to a subsisting civil partnership.”. | ||
(3) Section 2 of the Act of 2004 is amended by inserting the following subsection after subsection (2): | ||
“(2A) For the purposes of this Act, there is an impediment to a civil partnership registration if— | ||
(a) the civil partnership would be void by virtue of the Third Schedule, | ||
(b) one of the parties to the intended civil partnership is, or both are, already party to a subsisting civil partnership, | ||
(c) one or both of the parties to the intended civil partnership will be under the age of 18 years on the date of the intended civil partnership registration, | ||
(d) one or both of the parties to the intended civil partnership does not give free and informed consent, | ||
(e) the parties are not of the same sex, or | ||
(f) one of the parties to the intended civil partnership is, or both are, married.”. |