World Library  
Flag as Inappropriate
Email this Article
 

Civil Partnership Act 2004

Civil Partnership Act 2004[1]
Long title An Act to make provision for and in connection with civil partnership.
Citation 2004 c. 33[2]
Territorial extent United Kingdom
Dates
Royal Assent 18 November 2004[2]
Commencement 5 December 2005
Status: Amended
Text of statute as originally enacted
Revised text of statute as amended
See Civil partnership in the United Kingdom for a detailed discussion of the Act and its implementation.

The Civil Partnership Act 2004 (c 33) is an Act of the Parliament of the United Kingdom. The Bill for this Act was introduced by the Labour government and supported by the Conservative and Liberal Democrat opposition. The Act grants civil partnerships in the United Kingdom with rights and responsibilities very similar to civil marriage. Civil Partners are entitled to the same property rights as married opposite-sex couples, the same exemption as married couples social security and pension benefits, and also the ability to get parental responsibility for a partner's children,[3] as well as responsibility for reasonable maintenance of one's partner and their children, tenancy rights, full life insurance recognition, next-of-kin rights in hospitals, and others.[4] There is a formal process for dissolving partnerships akin to divorce.

Contents

  • Schedule 20 1
    • Overseas relationships recognized under Schedule 20, as amended 1.1
      • Notes 1.1.1
    • Unions adopted since Schedule 20 last amended 1.2
  • Legislative passage 2
    • Political opposition and support 2.1
    • Amendments 2.2
  • Legal process to form a Civil Partnership in the UK 3
  • See also 4
  • References 5
  • External links 6
    • Drafts of the Act 6.1

Schedule 20

Schedule 20 recognises certain overseas unions as equivalent to civil partnerships under the laws of the United Kingdom. Same-sex couples who have entered into those unions are automatically recognised in the United Kingdom as civil partners. In England and Wales, overseas marriages (but not other types of relationship) are automatically recognized as marriages by the Marriage (Same Sex Couples) Act 2013; the same is true in Scotland by the Marriage and Civil Partnership (Scotland) Act 2014.

Schedule 20 is subject to adjustment, and additional overseas relationships may be added as more jurisdictions across the world bring in civil partnership or same-sex marriage legislation. On 5 December 2005, the original schedule of the 2004 act was amended to include several other countries and states.[5] On 31 January 2013, a further 50 types of overseas relationship were added to the schedule.[6][7] Relationships not specified in the schedule may also recognised as civil partnerships if they meet the conditions of Section 214 of the Act, therefore many of the unions listed below as not listed in Schedule 20 may nonetheless be recognised.

Overseas relationships recognized under Schedule 20, as amended

Notes

  1. ^ Canada and its provinces also extend significant spousal rights to unregistered or de facto partners. But section 212 of the Act describes the foreign relationships that are eligible for recognition as those that are "registered" in another country, so unregistered or de facto partners arguably cannot satisfy the general conditions for recognition in the United Kingdom under section 214 of the Act.
  2. ^ Civil unions are no longer performed in Connecticut, where the 2008 act creating same-sex marriage repealed the civil union provisions and converted all Connecticut civil unions to marriages on 1 October 2010.

Unions adopted since Schedule 20 last amended

The following unions were created after Schedule 20 was last updated:

Legislative passage

The Act was announced in the Queen's Speech at the start of the 2003/2004 legislative session, and its full text was revealed on 31 March 2004. It received Royal Assent on 18 November 2004 and came into force on 5 December 2005, allowing the first couples to form civil partnerships 15 days later. Confusion regarding the interpretation of the Act led to registrations being accepted from 19 December in Northern Ireland, 20 December in Scotland and 21 December in England and Wales. The Scottish Parliament voted in favour of a Legislative Consent Motion allowing Westminster to legislate for Scotland in this Act.

Political opposition and support

The Michael Howard. Around 30 Conservative MPs did not participate in any of the votes.[9]

Amendments

An amendment tabled by Conservative MP Edward Leigh proposed to extend the property and pension rights afforded by civil partnerships to siblings who had lived together for more than 12 years. This was opposed by many backers of the bill, such as frontbench Conservative MP Alan Duncan, who considered it a wrecking amendment.[10][14] Leigh himself was an opponent of the Civil Partnerships bill, and voted against it at the second reading.[9] The amendment was backed by Norman Tebbit and the Christian Institute, which paid for a full page advert in favour of the amendment in The Times newspaper.[15] Labour and the Liberal Democrats issued a whip against the Leigh Amendment, and only two MPs from each party rebelled to vote in favour of it.[9]

On 24 June 2004, during the discussion at the report stage in the House of Lords, Conservative peer Baroness O'Cathain moved an amendment to extend eligibility for civil partnership to blood relatives who had lived together for a minimum period of time. This amendment was passed in the Lords by 148 to 130, a majority of 18.[16] Like the Leigh amendment, opponents considered the O'Cathain amendment to be a wrecking amendment, and like Leigh, O'Cathain herself voted against the Civil Partnerships Bill. Labour Peer Baron Alli, said the amendment was "ill-conceived and does nothing other than undermine the purpose of the bill",[16] while the gay rights group Stonewall said the amendment was "unworkable and undermined hundreds of years of family law".[17]

The House of Commons later removed this amendment and sent the revised Bill back to the Lords for reconsideration. The Lords decided to accept the Commons version on 17 November and the Bill received Royal Assent the next day.

Legal process to form a Civil Partnership in the UK

In order to form a civil partnership in the UK, both parties must be over the age of 16, of the same sex, not already in a civil partnership or marriage, and not be within the prohibited degrees of relationship. If of the age of 16 or 17, the consent of the individual's parent or guardian will be required, except in Scotland, where marriages and civil partnerships can take place from the age of 16 with no need for parental consent.

In order to complete the registration process, the couple must each give notice of their intention to the registry office. After 15 days they can complete the registration process. The couple can also enjoy a ceremony if they choose but this is not a requirement of the Act. The first date on which notice could be given was 5 December 2005 and the first registration was on 21 December 2005. The 15-day notice period allows the registrar to check that the couple is eligible to go ahead with the registration.[18]

See also

References

  1. ^ The citation of this Act by this short title is authorised by section 264 of this Act.
  2. ^ a b
  3. ^
  4. ^ on the Directgov websiteRights and Responsibilities
  5. ^ Text of the 2005 Statutory Instrument
  6. ^
  7. ^ The Civil Partnership Act 2004 (Overseas Relationships) Order 2012
  8. ^
  9. ^ a b c d
  10. ^ a b
  11. ^
  12. ^
  13. ^
  14. ^
  15. ^
  16. ^ a b
  17. ^
  18. ^

External links

  • Equalities Office information on civil partnerships
  • Civil Partnership Act 2004 at DMOZ

Drafts of the Act

  • Civil Partnership Bill official text from 26 October 2004
  • Civil Partnership Bill official text from 5 July 2004
  • Civil Partnership Bill official text from 30 March 2004
This article was sourced from Creative Commons Attribution-ShareAlike License; additional terms may apply. World Heritage Encyclopedia content is assembled from numerous content providers, Open Access Publishing, and in compliance with The Fair Access to Science and Technology Research Act (FASTR), Wikimedia Foundation, Inc., Public Library of Science, The Encyclopedia of Life, Open Book Publishers (OBP), PubMed, U.S. National Library of Medicine, National Center for Biotechnology Information, U.S. National Library of Medicine, National Institutes of Health (NIH), U.S. Department of Health & Human Services, and USA.gov, which sources content from all federal, state, local, tribal, and territorial government publication portals (.gov, .mil, .edu). Funding for USA.gov and content contributors is made possible from the U.S. Congress, E-Government Act of 2002.
 
Crowd sourced content that is contributed to World Heritage Encyclopedia is peer reviewed and edited by our editorial staff to ensure quality scholarly research articles.
 
By using this site, you agree to the Terms of Use and Privacy Policy. World Heritage Encyclopedia™ is a registered trademark of the World Public Library Association, a non-profit organization.
 


Copyright © World Library Foundation. All rights reserved. eBooks from Project Gutenberg are sponsored by the World Library Foundation,
a 501c(4) Member's Support Non-Profit Organization, and is NOT affiliated with any governmental agency or department.