- Latest available (Revised)
- Original (As enacted)
Civil Partnership Act 2004 is up to date with all changes known to be in force on or before 22 August 2024. There are changes that may be brought into force at a future date.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the affected provisions when you open the content using the Table of Contents below.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
Part 2 Civil partnership: England and Wales
9F.Recording of information in the register: compliance with requirements
12A.Referral of proposed civil partnership to Secretary of State
14A.Notice of proposed civil partnership: false information or evidence
15.Appeal against refusal to issue civil partnership schedule
16.Frivolous objections and representations and appeals : liability for costs etc.
Chapter 2 Dissolution, nullity and other proceedings
Dissolution of civil partnership
44.Dissolution of civil partnership which has broken down irretrievably
45.Supplemental provisions as to facts raising presumption of breakdown
46.Dissolution order not precluded by previous separation order etc.
47.Refusal of dissolution in 5 year separation cases on ground of grave hardship
48.Proceedings before order made final: protection for respondent ...
Part 3 Civil partnership: Scotland
Part 4 Civil partnership: Northern Ireland
Chapter 2 Dissolution, nullity and other proceedings
Dissolution of civil partnership
168.Dissolution of civil partnership which has broken down irretrievably
169.Supplemental provisions as to facts raising presumption of breakdown
170.Dissolution order not precluded by previous separation order etc.
171.Refusal of dissolution in 5 year separation cases on ground of grave hardship
172.Proceedings before order made final: protection for respondent in separation cases
Part 5 Civil partnership formed or dissolved abroad etc.
Chapter 2 Overseas relationships treated as civil partnerships
SCHEDULES
Prohibited degrees of relationship: England and Wales
Part 2 Special provisions relating to qualified prohibitions
Modifications if proposed civil partnership referred under section 12A
Wills, administration of estates and family provision
Part 2 Administration of estates and family provision
Administration of Estates Act 1925 (c. 23)
7.In section 46 (succession to real and personal estate on...
8.(1) Amend section 47(1) (meaning of “the statutory trusts”) as...
10.In section 48(2), for “husband or wife” (in each place)...
11.In section 51(3) (devolution of certain estates vested in infant...
12.In section 55(1)(xviii) (which defines “valuable consideration” as including marriage),...
Inheritance (Provision for Family and Dependants) Act 1975 (c. 63)
15.(1) Amend section 1 (application for financial provision from deceased...
17.(1) Amend section 3(2) (application by spouse or former spouse:...
18.In section 3(2A) (application by person living as husband or...
19.In section 6(3) and (10) (variation etc. of orders which...
20.After section 14 insert— Provision as to cases where no...
21.After section 15 insert— Restriction imposed in proceedings for the...
22.After section 15A insert— Restriction imposed in proceedings under Schedule...
23.In section 16(1) (power to vary secured periodical payments orders)—...
25.After section 18 insert— Availability of court’s powers under this...
26.(1) Amend section 19 (effect, duration and form of orders)...
Part 1 Financial provision in connection with dissolution, nullity or separation
Part 2 Property adjustment on or after dissolution, nullity or separation
Part 3 Sale of property orders
Part 4 Pension sharing orders on or after dissolution or nullity order
Part 4A Pension compensation sharing orders on or after dissolution or nullity order
Part 5 Matters to which court is to have regard under Parts 1 to 4A
Part 6 Making of Part 1 orders having regard to pension benefits
Part 7 Pension protection fund compensation etc.
PPF compensation to be included in matters to which court is to have regard
Assumption of responsibility by PPF Board in paragraph 25(2) cases
Assumption of responsibility by PPF Board in paragraph 25(5) cases
Lump sums: power to modify paragraph 26 in respect of assessment period
Assumption of responsibility by the Board not to affect power of court to vary order etc.
Part 9 Failure to maintain: financial provision (and interim orders)
Part 10 Commencement of certain proceedings and duration of certain orders
Part 11 Variation, discharge etc. of certain orders for financial relief
Part 14 Miscellaneous and supplementary
Avoidance of transactions intended to prevent or reduce financial relief
Direction for settlement of instrument for securing payments or effecting property adjustment
Payments, etc., under order made in favour of person suffering from mental disorder
Appeals relating to pension sharing orders which have taken effect
Appeals relating to pension compensation sharing orders which have taken effect
Part 1 Failure to maintain etc.: financial provision
The orders: periodical and secured periodical payments and lump sums
Matters to which court is to have regard in exercising its powers under this Part—general
Particular matters to be taken into account when exercising powers in relation to civil partners
Particular matters to be taken into account when exercising powers in relation to children
Part 3 Orders of court where civil partners living apart by agreement
Part 5 Commencement and duration of orders under Parts 1, 2 and 3
Financial relief in England and Wales after overseas dissolution etc. of a civil partnership
Part applies where civil partnership has been dissolved etc. overseas
Either civil partner may make application for financial relief
No application after formation of subsequent civil partnership or marriage
Paragraphs 7 and 8 apply where application made for relief under paragraph 9 or 13
Duty of the court to consider whether England and Wales is appropriate venue for application
Matters to which court is to have regard in exercising its powers under paragraph 9
Application to orders under paragraphs 5 and 9 of provisions of Schedule 5
Avoidance of transactions designed to defeat claims under paragraphs 5 and 9
Part 2 Steps to prevent avoidance prior to application for leave under paragraph 4
18.In sections 39(2)(b) and 160(2)(b) (meaning of “qualifying person” in...
19.In section 39(3) (disposals exempt if in pursuance of certain...
20.In section 87(a) (entitlement of tenant’s spouse to succeed to...
22.(1) Amend section 89 (succession to periodic secured tenancy) as...
23.In section 90(3)(a) (secure tenancy for term certain does not...
24.In section 91(3)(b) (assignments not prohibited if in pursuance of...
25.In section 99B(2)(e) (subsection applies to assignees in pursuance of...
26.In section 101(3)(c) (assignees in pursuance of certain orders are...
28.In section 123(2)(a) (family members with whom right to buy...
29.In section 130(3) (persons whose receipt of discount results in...
30.In section 160(3) (right to buy: disposals in pursuance of...
31.In section 171B(4)(b) (persons who become tenants in pursuance of...
32.In section 554(2A) (grant by registered social landlords to former...
33.In Part 1 of Schedule 2 (secure tenancies: grounds for...
35.(1) Amend Schedule 6A (redemption of landlord’s share) as follows....
41.(1) Amend section 17 (succession to assured periodic tenancy by...
42.In section 82(1)(b) (after disposal by housing action trust, legal...
43.(1) Amend Schedule 2 (assured tenancies: grounds for possession) as...
44.(1) Amend paragraph 3 of Schedule 3 (agricultural worker condition...
45.(1) Amend paragraph 4 of Schedule 11 (exempted disposals by...
Leasehold Reform, Housing and Urban Development Act 1993 (c. 28)
50.(1) Amend section 15 (relevant and exempted disposals) as follows....
52.In section 132 (introductory tenancies: cases where tenant is successor),...
53.(1) Amend section 133 (succession to introductory tenancy) as follows....
54.In section 134(2)(a) (introductory tenancy may not be assigned except...
55.In section 143H(5)(a) (two or more successors to demoted tenancy),...
56.In section 143I(3) (tenancy does not cease to be demoted...
57.For paragraphs (a) and (b) of section 143J(5) (successor by...
58.In section 143K(2) (demoted tenancy may be assigned only in...
59.(1) Amend section 143P (meaning of “member of another’s family”)...
60.In section 160 (cases where provisions about allocations do not...
61.(1) Amend section 178 (meaning of “associated person” in Part...
Housing Grants, Construction and Regeneration Act 1996 (c. 53)
Family homes and domestic violence
Part 1 Amendments of the Family Law Act 1996 (c. 27)
1.(1) Amend section 30 (rights concerning matrimonial home where one...
2.(1) Amend section 31 (effect of matrimonial home rights as...
3.For section 32 (further provisions relating to matrimonial home rights)...
4.(1) Amend section 33 (occupation orders where applicant has estate...
6.(1) Amend section 35 (one former spouse with no existing...
7.In section 36 (one cohabitant or former cohabitant with no...
8.(1) Amend section 37 (neither spouse entitled to occupy) as...
9.In section 42 (non-molestation orders), after subsection (4) insert—
10.(1) In section 44 (evidence of agreement to marry), after...
11.In section 49 (variation and discharge of orders), in subsection...
12.(1) Amend section 54 (dwelling-house subject to mortgage) as follows....
13.(1) Amend section 62 (meaning of “cohabitants”, “relevant child” and...
14.(1) Amend section 63 (interpretation of Part 4) as follows....
15.(1) Amend Schedule 4 (provisions supplementary to sections 30 and...
16.(1) Amend Schedule 7 (transfer of certain tenancies on divorce...
Part 2 Consequential amendments
Modifications if proposed civil partnership referred under section 88F
Civil partnerships of persons under 18: Northern Ireland
Modifications if proposed civil partnership referred under section 139E
Wills, administration of estates and family provision: Northern Ireland
1.Amend the Wills and Administration Proceedings (Northern Ireland) Order 1994...
3.In Article 8(1) and (3) (avoidance of gifts to attesting...
4.In Article 9 (witnessing by creditor), after “spouse” insert “...
5.After Article 13 insert— Effect of civil partnership (1) Subject to paragraphs (2) to (6), a will is...
6.In Article 14 (revocation), in paragraph (1)(a), after “Article 12...
8.In Article 27(3) (construction and effect of references to failure...
Part 2 Administration of estates and family provision
Administration of Estates Act (Northern Ireland) 1955 (c. 24 (N.I.))
10.(1) Amend section 7 (rights of surviving spouse) as follows....
11.In section 8 (rights of issue), after “spouse” insert “...
12.In section 9 (rights of parents), after “spouse” insert “...
13.In section 10 (rights of brothers and sisters and their...
14.In section 11 (rights of next-of-kin), in subsection (1) after...
15.In section 38 (power to appoint trustees of infant’s property),...
17.(1) Amend Article 3 (application for financial provision from deceased...
19.(1) Amend Article 5(2) (application by spouse or former spouse:...
20.In Article 5(2A) (application by person living as husband or...
21.(1) In Article 8(3) and (10) (variation etc. of orders...
22.After Article 16 insert— Provision as to cases where no...
23.After Article 17 insert— Restriction imposed in proceedings for the...
24.After Article 17A insert— Restriction imposed in proceedings under Schedule...
25.In Article 18(1) (power to vary secured periodical payments orders)—...
27.After Article 20 insert— Availability of court’s powers under this...
28.(1) Amend Article 21 (effect, duration and form of orders)...
Financial relief in the High Court or a county court etc.: Northern Ireland
Part 1 Financial provision in connection with dissolution, nullity or separation
Part 2 Property adjustment on or after dissolution, nullity or separation
Part 3 Pension sharing orders on or after dissolution or nullity order
PART 3A PENSION COMPENSATION SHARING ORDERS ON OR AFTER DISSOLUTION OR NULLITY ORDER
Part 4 Matters to which court is to have regard under Parts 1 to 3A
Part 5 Making of Part 1 orders having regard to pension benefits
Part 6 Pension protection fund compensation etc.
PPF compensation to be included in matters to which court is to have regard
Assumption of responsibility by PPF Board in paragraph 20(2) cases
Assumption of responsibility by PPF Board in paragraph 20(5) cases
Lump sums: power to modify paragraph 21 in respect of assessment period
Assumption of responsibility by the Board not to affect power of court to vary order etc.
Part 7 Maintenance pending outcome of dissolution, nullity or separation proceedings
Part 8 Failure to maintain: financial provision (and interim orders)
Part 9 Commencement of certain proceedings and duration of certain orders
Part 10 Variation, discharge etc. of certain orders for financial relief
Part 13 Miscellaneous and supplementary
Avoidance of transactions intended to prevent or reduce financial relief
Direction for settlement of instrument for securing payments or effecting property adjustment
Payments, etc., under order made in favour of person suffering from mental disorder
Appeals relating to pension sharing orders which have taken effect
Appeals relating to pension compensation sharing orders which have taken effect
Financial relief in court of summary jurisdiction etc.: Northern Ireland
Part 1 Failure to maintain etc.: financial provision
The orders: periodical and secured periodical payments and lump sums
Matters to which court is to have regard in exercising its powers under this Part – general
Particular matters to be taken into account when exercising powers in relation to civil partners
Particular matters to be taken into account when exercising powers in relation to children
Part 3 Orders of court where civil partners living apart by agreement
Part 5 Commencement and duration of orders under Parts 1, 2 and 3
Financial relief in Northern Ireland after overseas dissolution etc. of a civil partnership
Part applies where civil partnership has been dissolved etc. overseas
Either civil partner may make application for financial relief
No application after formation of subsequent civil partnership or marriage
Paragraphs 7 and 8 apply where application made for relief under paragraph 9 or 13
Duty of the court to consider whether Northern Ireland is appropriate venue for application
Matters to which court is to have regard in exercising its powers under paragraph 9
Application to orders under paragraphs 5 and 9 of provisions of Schedule 15
Avoidance of transactions designed to defeat claims under paragraphs 5 and 9
Part 2 Steps to prevent avoidance prior to application for leave under paragraph 4
Housing and tenancies: Northern Ireland
Rent (Northern Ireland) Order 1978 (S.I. 1978/1050 (N.I. 20))
Housing (Northern Ireland) Order 1981 (S.I. 1981/156 (N.I. 3))
Housing (Northern Ireland) Order 1983 (S.I. 1983/1118 (N.I. 15))
5.(1) In Article 24 (interpretation), amend paragraph (3) (meaning of...
6.(1) Amend Article 26 (succession on death of tenant) as...
7.In Article 32 (assignments), in paragraph (1), after sub-paragraph (a)...
8.In Article 33 (other disposals), in paragraph (2), after sub-paragraph...
9.In Article 94 (subletting or assignment), in paragraph (2), after...
10.In Schedule 3 (grounds for possession of dwelling-houses let under...
Housing (Northern Ireland) Order 2003 (S.I. 2003/412 (N.I. 2))
12.In Article 13 (persons qualified to succeed tenant under an...
13.Article 14 (cases where tenant is a successor), in paragraph...
14.(1) Amend Article 15 (persons qualified to succeed tenant under...
15.Article 16 (assignment in general prohibited), in paragraph (2)(a), after...
16.In Article 28 (interpretation of Part 3), in the definition...
Family homes and domestic violence: Northern Ireland
2.(1) Amend Article 3 (meaning of “cohabitees”, “relevant child” and...
3.(1) Amend Article 4 (rights concerning matrimonial home where one...
4.(1) Amend Article 5 (effect of matrimonial home rights as...
5.(1) Amend Article 6 (registration, etc. of matrimonial charge) as...
6.(1) Amend Article 7 (restriction on registration where spouse entitled...
7.(1) Amend Article 8 (cancellation of registration of matrimonial charge...
8.(1) Amend Article 9 (cancellation of registration after termination of...
9.(1) Amend Article 10 (release of matrimonial home rights and...
10.(1) Amend Article 11 (occupation orders where applicant has estate...
12.(1) Amend Article 13 (one former spouse with no existing...
13.In Article 14 (one cohabitee or former cohabitee with no...
14.(1) Amend Article 15 (neither spouse entitled to occupy) as...
15.In Article 20 (non-molestation orders), after paragraph (4) insert—
16.(1) In Article 22 (evidence of agreement to marry), after...
17.In Article 24 (variation and discharge of orders), in paragraph...
18.(1) Amend Article 31 (dwelling-house subject to mortgage) as follows....
19.(1) Amend Article 33 (actions by mortgagees: service of notice...
21.(1) Amend Schedule 2 (transfer of certain tenancies on divorce...
References to stepchildren etc. in existing Acts
1.The Declinature Act 1681 (c. 79) (Senators of College of...
2.Section 21 of the Small Landholders (Scotland) Act 1911 (c....
2A.Section 4(3) of the Workmen's Compensation Act 1925 (c. 84)...
3.Section 68(2)(e) of the Marriage Act 1949 (c. 76) (solemnisation...
5.Section 18(3) of that Act (residential rights and exclusion of...
6.Section 2(2) of the Employers' Liability (Compulsory Insurance) Act 1969...
7.Section 27(5) of the Parliamentary and other Pensions Act 1972...
10.The definition of “relative” in section 31(1) of the Credit...
11A.Section 3(4) of the Pneumoconiosis etc. (Workers' Compensation) Act 1979...
12.Section 13(1) of the Administration of Justice Act 1982 (c....
14.Section 25C(10) of that Act (supervision applications: meaning of “close...
15A.Section 11(6) of the Inheritance Tax Act 1984 (c. 51)...
15B.Section 22(2) of that Act (gifts in consideration of marriage)....
15C.Section 71(8) of that Act (accumulation and maintenance trusts).
16.Section 153(4) of the Companies Act 1985 (c. 6) (transactions...
17.Section 203(1) of that Act (notification of family and corporate...
18.Section 327(2) of that Act (extension of section 323 to...
19.Section 328(8) of that Act (extension of section 324 to...
23.Section 74(4)(a) of the Bankruptcy (Scotland) Act 1985 (c. 66)...
24.Section 113(2) of the Housing Act 1985 (c. 68) (members...
25.Section 186(2) of that Act (members of a person’s family)....
26.Section 105(2) of the Housing Associations Act 1985 (c. 69)...
27.Section 20(6) of the Airports Act 1986 (c. 31) (powers...
28.Section 435(8) of the Insolvency Act 1986 (c. 45) (meaning...
29.Section 70(2)(a) and (c), (3)(a) and (4) of the Building...
30.Section 83(2)(c) of the Housing (Scotland) Act 1987 (c. 26)...
31A.Paragraph 2(5) of Schedule 14 to the Income and Corporation...
32.Section 52(2)(a) of the Companies Act 1989 (c. 40) (meaning...
33.The definition of “relative” in section 105(1) of the Children...
34.Paragraph 1(2) of Schedule 2 to the Broadcasting Act 1990...
35.Section 11(1) of the Agricultural Holdings (Scotland) Act 1991 (c....
35A.Paragraphs 2(7), 2A(10) and 9(11) of Schedule 5 to the...
36.Section 77(3)(c) of the Friendly Societies Act 1992 (c. 40)...
37.The definitions of “son” and “daughter” in section 119A(2) of...
39.Section 10(5) of the Leasehold Reform, Housing and Urban Development...
40.Section 61(2) of the Crofters (Scotland) Act 1993 (c. 44)...
41.Section 2 of the Criminal Law (Consolidation) (Scotland) Act 1995...
42.Section 161(1) of the Employment Rights Act 1996 (c. 18)...
43.The definition of “relative” in section 63(1) of the Family...
44.Section 62(2) of the Housing Act 1996 (c. 52) (members...
45.Section 140(2) of that Act (members of a person’s family:...
46.Section 143P(3) of that Act (members of a person’s family:...
47.The definition of “relative” in section 178(3) of that Act...
48.Section 422(4)(b) of the Financial Services and Markets Act 2000...
49A.Section 80(4A) of the Care Standards Act 2000 (c. 14)...
50.Section 108(2)(c) of the Housing (Scotland) Act 2001 (asp 10)...
51.Section 1(3) of the Mortgage Rights (Scotland) Act 2001 (asp...
52.Paragraph 3(8) of Schedule 6 to the Commonhold and Leasehold...
53.Section 127(6) of the Enterprise Act 2002 (c. 40) (associated...
54.Section 242(2) of the Income Tax (Earnings and Pensions) Act...
55.Section 270A(3)(a) of that Act (limited exemption for qualifying childcare...
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...
58.Section 318C(8) of that Act (childcare: meaning of “qualifying child...
59.Section 371(7) of that Act (travel costs and expenses where...
60.Section 374(9) of that Act (non-domiciled employee's spouse's or child's...
61.Section 27(3)(a) and (c) of the Sexual Offences Act 2003...
References to stepchildren etc. in existing Northern Ireland legislation
1.The definition of “member of the family” in section 101...
2.Section 1(3)(f) of the Leasehold (Enlargement and Extension) Act (Northern...
4.Section 3(7) of the Pensions (Increase) Act (Northern Ireland) 1971...
5.Article 6 of the Employers' Liability (Defective Equipment and Compulsory...
6.Article 2(2) of the Fatal Accidents (Northern Ireland) Order 1977...
6A.Article 5(3) of the Pneumoconiosis, etc. , (Workers' Compensation) (Northern...
7.Article 2(5) of the Housing (Northern Ireland) Order 1981 (S.I....
8.Article 24(3) of the Housing (Northern Ireland) Order 1983 (S.I....
9.The definition of “member of the family” in Article 2(2)...
10.Schedule 1 to the Mental Health (Northern Ireland) Order 1986...
11.Article 10A of the Companies (Northern Ireland) Order 1986 (S.I....
12.Article 211(1) of that Order (notification of family and corporate...
13.Article 335(2) of that Order (extension of Article 331 to...
14.Article 336(8) of that Order (extension of Article 332 to...
17.Article 4(8) of the Insolvency (Northern Ireland) Order 1989 (S.I....
18.Article 54(2)(a) of the Companies (Northern Ireland) Order 1990 (S.I....
19.Article 2(4) of the Registered Homes (Northern Ireland) Order 1992...
20.The definition of “relative” in Article 2(2) of the Children...
21.Article 196(1) of the Employment Rights (Northern Ireland) Order 1996...
22.The definition of “relative” in Article 2(2) of the Family...
23.Article 3(2) of the Housing (Northern Ireland) Order 2003 (S.I....
24.The definition of “relative” in Article 2(2) of the Firearms...
25.Section 4(3) of the Workmen's Compensation Act (Northern Ireland) 1927...
26.Article 5(3) of the Pneumoconiosis, etc. , (Workers' Compensation) (Northern...
Social security, child support and tax credits
Part 2 Amendments of the Child Support (Northern Ireland) Order 1991 (S.I. 1991/ 2628 (N.I. 23))
Part 3 Amendments of the Social Security Contributions and Benefits Act 1992 (c. 4)
13.In section 20 (descriptions of contributory benefits), in subsection (1)(f)(ii),...
14.In section 30A (incapacity benefit: entitlement), in subsection (2)(b)(ii), after...
15.In section 30B (incapacity benefit: rate), in subsection (3)(a), after...
18.(1) Amend section 37 (widowed mother’s allowance) as follows.
20.(1) Amend section 39A (widowed parent’s allowance) as follows.
21.(1) Amend section 39B (bereavement allowance where no dependent children)...
22.In section 39C (rate of widowed parent’s allowance and bereavement...
23.In section 46 (modifications of section 45 for calculating the...
24.(1) Amend section 48 (use of former spouse’s contributions) as...
25.(1) Amend section 48A (category B retirement pension for married...
26.(1) Amend section 48B (category B retirement pension for widows...
27.(1) Amend section 48BB (category B retirement pension: entitlement by...
28.(1) Amend section 51 (category B retirement pension for widowers)...
29.In section 51A (special provision for married people), in subsection...
30.In section 52 (special provision for surviving spouses), in subsection...
31.In section 60 (complete or partial failure to satisfy contributions...
32.In section 61A (contributions paid in error), in subsection (3)—...
33.In section 62 (graduated retirement benefit), after subsection (1)(aa) insert—...
34.In section 77 (guardian’s allowance)— (a) in subsection (6)(a)(ii), after...
35.In section 82 (short-term benefit: increase for adult dependants)—
37.(1) Amend section 85 (pension increase: person with care of...
38.In section 113 (general provisions as to disqualification and suspension),...
40.After subsection (1)(a) of section 121 (treatment of certain marriages)...
42.In section 124 (income support), in subsection (1)(c), (f) and...
43.In section 126 (trade disputes), in subsection (3)(b), (c) and...
44.In section 127 (effect of return to work), for “married...
45.In section 132 (couples), in subsection (1), for “married or...
46.(1) Amend section 137 (interpretation of Part 7 and supplementary...
47.In section 143 (meaning of “person responsible for child”), in...
48.(1) Amend section 145A (entitlement after death of child) as...
49.(1) Amend section 150 (interpretation of Part 10) as follows....
50.In section 171ZL (entitlement to statutory adoption pay), in subsection...
52.(1) Amend Schedule 7 (industrial injuries benefits) as follows.
53.(1) Amend Schedule 8 (industrial injuries and diseases: old cases)...
54.In Schedule 9 (exclusions from entitlement to child benefit), in...
Part 4 Amendments of the Social Security Administration Act 1992 (c. 5)
55.In section 2AA (full entitlement to certain benefits conditional on...
56.In section 3 (late claims for bereavement benefit where death...
58.(1) Amend section 71 (overpayments – general) as follows.
59.In section 73 (overlapping benefits – general), in subsections (2)(b)...
60.In section 74A (payment of benefit where maintenance payments collected...
61.(1) Amend section 78 (recovery of social fund awards) as...
62.In section 105 (failure to maintain – general), in subsection...
63.(1) Amend section 107 (recovery of expenditure on income support:...
64.In section 109B (power to require information), in subsection (5)(a),...
65.In section 139 (arrangement for community charge benefits), in subsection...
66.In section 156 (up-rating under section 150 of pensions increased...
67.In section 20 (descriptions of contributory benefits), in subsection (1)(f)(ii),...
68.In section 30A (incapacity benefit: entitlement), in subsection (2)(b)(ii), after...
69.In section 30B (incapacity benefit: rate), in subsection (3)(a), after...
72.(1) Amend section 37 (widowed mother’s allowance) as follows.
74.(1) Amend section 39A (widowed parent’s allowance) as follows.
75.(1) Amend section 39B (bereavement allowance where no dependent children)...
76.In section 39C (rate of widowed parent’s allowance and bereavement...
77.In section 46 (modifications of section 45 for calculating the...
78.(1) Amend section 48 (use of former spouse’s contributions) as...
79.(1) Amend section 48A (category B retirement pension for married...
80.(1) Amend section 48B (category B retirement pension for widows...
81.(1) Amend section 48BB (category B retirement pension: entitlement by...
82.(1) Amend section 51 (category B retirement pension for widowers)...
83.In section 51A (special provision for married people), in subsection...
84.In section 52 (special provision for surviving spouses), in subsection...
85.In section 60 (complete or partial failure to satisfy contribution...
86.In section 61A (contributions paid in error), in subsection (3)—...
87.In section 62 (graduated retirement benefit), after subsection (1)(aa) insert—...
88.In section 77 (guardian’s allowance)— (a) in subsection (6)(a)(ii), after...
89.In section 82 (short-term benefit: increase for adult dependants)—
91.(1) Amend section 85 (pension increase (person with care of...
92.In section 113 (general provisions as to disqualification and suspension),...
94.In section 120 (treatment of certain marriages), after subsection (1)(a)...
96.In section 123 (income support), in subsection (1)(c), (f) and...
97.In section 125 (trade disputes), in subsection (3)(b), (c) and...
98.In section 126 (effect of return to work), for “married...
99.(1) Amend section 133 (interpretation of Part 7 and supplementary...
100.In section 139 (meaning of “person responsible for child”), in...
101.(1) Amend section 141A (entitlement after death of child) as...
102.(1) Amend section 146 (interpretation of Part 10) as follows....
103.In section 167ZL (entitlement to statutory adoption pay), in subsection...
105.(1) Amend Schedule 7 (industrial injuries benefits) as follows.
106.In Schedule 9 (exclusions from entitlement to child benefit), in...
Part 6 Amendments of the Social Security Administration (Northern Ireland) Act 1992 (c. 8)
107.In section 2AA (full entitlement to certain benefits conditional on...
108.In section 3 (late claims for bereavement benefit where death...
109.(1) Amend section 13A (payment out of benefit of sums...
110.(1) Amend section 69 (overpayments – general) as follows.
111.In section 71 (overlapping benefits – general), in subsections (2)(b)...
112.In section 72A (payment of benefit where maintenance payments collected...
113.(1) Amend section 74 (recovery of social fund awards) as...
114.In section 100 (failure to maintain – general), in subsection...
115.In section 102 (recovery of expenditure on income support: additional...
116.In section 103B (power to require information), in subsection (5)(a),...
117.In section 136 (up-rating under section 132 of pensions increased...
Part 7 Amendments of the Jobseekers Act 1995 (c. 18)
118.In section 1 (the jobseeker’s allowance), in subsection (4), in...
119.In section 3 (the income-based conditions), in subsection (1)(dd) and...
120.In section 15 (effect on other claimants), in subsection (2)(b),...
121.In section 15A (trade disputes: joint-claim couples), in subsection (5)(c),...
122.In section 23 (recovery of sums in respect of maintenance),...
123.In section 31 (termination of awards), in subsections (1) and...
125.In Schedule 1 (supplementary provisions), in paragraph 9C(1), for “married...
Part 9 Amendments of the Child Support (Northern Ireland) Order 1995 (S.I. 1995/ 2702 (N.I. 13))
Part 10 Amendments of the Jobseekers (Northern Ireland) Order 1995 (S.I. 1995/2705 (N.I. 15))
131.In Article 3 (the jobseeker’s allowance), in paragraph (4), in...
132.In Article 5 (the income-based conditions), in paragraphs (1)(dd) and...
133.In Article 17 (effect on other claimants), in paragraph (2)(b),...
134.In Article 17A (trade disputes: joint-claim couples), in paragraph (5)(c),...
135.In Article 25 (recovery of sums in respect of maintenance),...
136.In Article 32 (termination of awards), in paragraphs (1) and...
137.In Schedule 1 (supplementary provisions), in paragraph 9C(1), for “married...
Part 12 Amendments of the Social Security (Northern Ireland) Order 1998 (S.I. 1998/ 1506 (N.I. 10))
Part 13 Amendments of the State Pension Credit Act 2002 (c. 16)
Part 15 Amendments of the State Pension Credit Act (Northern Ireland) 2002 (c. 14 (N.I.))
Amendment of certain enactments relating to pensions
Amendment of certain enactments relating to the armed forces
Naval and Military War Pensions, &c., (Administrative Expenses) Act 1917 (c. 14)
Naval Forces (Enforcement of Maintenance Liabilities) Act 1947 (c. 24)
Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (c. 65)
22.In paragraph (a) of section 25(6) (meaning of “dependant”), for...
23.In section 27(5) (interpretation of section), for “wife” (in each...
24.In section 38(5) (interpretation of section), for “wife” (in each...
25.(1) Amend section 46 (general provisions as to payments to...
26.In section 52(2)(a) (“service pay” includes marriage etc. allowances), after...
27.(1) Amend Schedule 3 (financial provisions consequential on treating a...
Minor and consequential amendments: general
Judicial Proceedings (Regulation of Reports) Act 1926 (c. 61)
13.(1) Amend section 1 (marriages within prohibited degrees) as follows....
14.In section 27 (notice of marriage), in subsection (3), for...
15.In section 28A (power to require evidence), for subsection (3)...
16.In section 78(1) (interpretation), in the definition of “child”, after...
17.For Schedule 1 (kindred and affinity) substitute— SCHEDULE 1 Kindred...
Registration of Births, Deaths and Marriages (Special Provisions) Act 1957 (c. 58)
Domestic and Appellate Proceedings (Restriction of Publicity) Act 1968 (c. 63)
Employers' Liability (Compulsory Insurance) Act 1969 (c. 57)
Matrimonial Causes Act 1973 (c. 18)
41.(1) Amend section 14 (marriages governed by foreign law or...
42.In section 24A (orders for sale of property), in subsection...
43.(1) Amend section 28 (duration of continuing financial provision orders...
44.In section 35 (alteration of agreements by court during lives...
45.(1) Amend section 38 (orders for repayment in certain cases...
46.In section 52 (interpretation), after subsection (3), insert —
Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22)
British Nationality Act 1981 (c. 61)
71.In section 3(6)(a) (registration as British citizen of minor whose...
72.In section 6(2) (naturalisation of person married to British citizen),...
73.In section 10(2)(b) (registration as British citizen after pre-1983 renunciation...
74.In section 12(5) (renunciation: persons who have married deemed of...
75.In section 17(6)(a) (registration as British overseas territories citizen of...
76.In section 18(2) (naturalisation of person married to a British...
77.In section 22(2)(b) (naturalisation as British overseas territories citizen after...
78.(1) Amend paragraphs 4(d) and 8(d) of Schedule 1 (requirements...
Representation of the People Act 1983 (c. 2)
81.In section 16 (contents of service declaration), for “wife or...
82.In section 59 (supplemental provisions as to members of forces...
83.In section 61 (other voting offences), in subsection (4), for...
84.In section 141 (duty to answer relevant questions), in subsections...
85.(1) Amend Schedule 1 (parliamentary elections rules) as follows.
Matrimonial and Family Proceedings Act 1984 (c. 42)
90.(1) Amend section 12 (applications for financial relief after overseas...
91.In section 32 (meaning of “family business” etc. ), after...
92.After section 36 insert— Jurisdiction of county courts in civil...
93.For section 38(3) (transfer of family proceedings from High Court...
94.In section 39(2) (family proceedings transferable to the High Court),...
95.In section 40(4)(b) (enforcement in High Court of orders of...
96.(1) Amend section 42 (county court proceedings in principal registry...
99.In section 203 (notification of family and corporate interests), in...
100.(1) Amend section 327 (extension of section 323 to spouses...
101.(1) Amend section 328 (extension of section 324 to spouses...
103.In section 430E (associates), in subsection (8) after “spouse” insert...
104.(1) Amend section 742A (meaning of “offer to the public”)...
105.In Schedule 7 (matters to be dealt with in directors'...
112.In section 215 (proceedings under sections 213, 214), in subsection...
113.In section 283A (bankrupt’s home ceasing to form part of...
114.In section 313 (charge on bankrupt’s home), in subsection (1),...
115.In section 313A (low value home: application for sale, possession...
116.In section 329 (debts to spouse), in subsection (1), after...
117.In section 332 (saving for bankrupt’s home), in subsection (1),...
118.In section 335A (rights under trusts of land), in subsection...
119.In section 339 (transactions at an undervalue), in subsection (3)(b),...
120.In section 366 (inquiry into bankrupt’s dealings and property), in...
121.In section 423 (transactions defrauding creditors), in subsection (1)(b), after...
122.(1) Amend section 435 (meaning of “associate”) as follows.
Welfare Reform and Pensions Act 1999 (c. 30)
157.(1) Amend section 23 (supply of pension information in connection...
158.(1) Amend section 24 (charges by pension arrangements in relation...
159.(1) Amend section 28 (activation of pension sharing) as follows....
160.(1) Amend section 34 (“implementation period”) as follows.
161.(1) Amend section 48 (activation of benefit sharing) as follows....
Consequential amendments: Scotland
Part 1 Amendments of the Succession (Scotland) Act 1964 (c. 41)
1.In section 1(2) (intestacy: saving for legal rights or prior...
2.In section 2(1)(e) (intestacy: succession rights of surviving spouse)—
3.In section 5(1) (representation on intestacy), for “or spouse” substitute...
4.In section 8 (prior rights on intestacy in dwelling house...
5.In section 9 (prior right to financial provision on intestacy)—...
6.In section 10(2) (calculation of legal rights), for “jus relicti,...
7.In section 15(2)(a) (transfer of heritage in satisfaction of claim...
8.In section 16(2) (transfer of interest of tenant notwithstanding condition...
9.In section 31(1) (presumption of survivorship in respect of claims...
10.In section 36(1) (interpretation), in the definition of “prior rights”,...
Part 2 Amendments of the Family Law (Scotland) Act 1985 (c. 37)
11.In section 1(1) (obligation of aliment), after paragraph (b) insert—...
13.In section 6(1) (interim aliment)— (a) in paragraph (a), for...
14.(1) Amend section 8 (orders for financial provision) as follows....
15.(1) Amend section 9 (principles to be applied in deciding...
16.(1) Amend section 10 (sharing of value of matrimonial property)...
17.(1) Amend section 11 (factors to be taken into account)...
18.(1) Amend section 12 (orders for payment of capital sum...
19.(1) Amend section 12A (orders for payment of capital sum:...
20.(1) Amend section 13 (orders for periodical allowance) as follows....
22.(1) Amend section 16 (agreements on financial provision) as follows....
23.(1) Amend section 17 (financial provision on declarator of nullity...
24.In section 18(1) (orders relating to avoidance transactions), for “party”...
25.In section 21 (award of aliment or custody where divorce...
27.In section 24(1) (marriage not to affect property rights or...
28.(1) Amend section 25 (presumption of equal shares in household...
29.In section 26 (presumption of equal shares in money and...
30.In section 27(1) (interpretation)— (a) at the appropriate places insert—...
Part 3 Amendments of the Bankruptcy (Scotland) Act 1985 (c. 66)
31.In section 16(4) (presentation of petition for recall of sequestration),...
32.In section 17(8)(b) (duties of clerk of court in relation...
33.In section 20(4) (powers of interim trustee in relation to...
34.In section 32(3)(b) (the expression “relevant obligations”), at the end...
35.In section 34(7) (gratuitous alienations: saving for operation of Married...
36.(1) Amend section 40 (power of permanent trustee in relation...
37.After section 41 insert— Protection of rights of civil partner...
38.In section 44(1)(b) (request for order requiring private examination of...
39.In section 51(3)(b) (meaning of “postponed debt”), at the end...
40.In section 74 (interpretation), in each of subsections (2) and...
41.(1) Amend Schedule 1 (determination of amount of creditor’s claim)...
Minor and consequential amendments: Northern Ireland
Office and Shop Premises Act (Northern Ireland) 1966 (c. 26 (N.I.))
Maintenance and Affiliation Orders Act (Northern Ireland) 1966 (c. 35 (N.I.))
Industrial and Provident Societies Act (Northern Ireland) 1969 (c. 24 (N.I.))
Land Registration Act (Northern Ireland) 1970 (c. 18 (N.I.))
Leasehold (Enlargement and Extension) Act (Northern Ireland) 1971 (c. 7 (N.I.))
Births and Deaths Registration (Northern Ireland) Order 1976 (S.I. 1976/1041 (N.I. 14))
Sex Discrimination (Northern Ireland) Order 1976 (S.I. 1976/1042 (N.I. 15))
Pharmacy (Northern Ireland) Order 1976 (S.I. 1976/1213 (N.I. 22))
Criminal Damage (Northern Ireland) Order 1977 (S.I. 1977/426 (N.I. 4))
Health and Safety at Work (Northern Ireland) Order 1978 (S.I. 1978/1039 (N.I. 9))
Matrimonial Causes (Northern Ireland) Order 1978 (S.I. 1978/1045 (N.I. 15))
28.(1) Insert after Article 2(4)— (4A) References in this Order...
30.(1) Amend Article 17 (marriages governed by foreign law or...
31.(1) Amend Article 30 (duration of continuing financial provision orders...
32.In Article 37 (alteration of agreements by court during lives...
33.(1) Amend Article 40 (orders for repayment in certain cases...
Rehabilitation of Offenders (Northern Ireland) Order 1978 (S.I. 1978/1908 (N.I. 27))
County Courts (Northern Ireland) Order 1980 (S.I. 1980/397 (N.I. 3))
Domestic Proceedings (Northern Ireland) Order 1980 (S.I. 1980/563 (N.I. 5))
Judgments Enforcement (Northern Ireland) Order 1981 (S.I. 1981/226 (N.I. 6)
41.In Article 4 (judgments to which Order applies), in paragraph...
42.In Article 6 (judgments to which Order does not apply),...
43.In Article 7 (The Enforcement of Judgments Office), in paragraph...
45.In Article 32 (property which may be seized), in paragraph...
46.In Article 33 (property exempt from seizure), in paragraph (a),...
47.In Article 36 (where seizure may be effected), in paragraph...
48.In Article 38 (power of entry under order of seizure),...
49.In Article 44 (interpleader), in paragraph (1), after “spouse” insert...
51.(1) Amend Article 98 (power of courts to make attachment...
52.(1) Amend Article 107 (committal for default) as follows.
Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 (S.I. 1981/228 (N.I. 8))
Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26))
55.In Article 85 (orders for periodical payment: means of payment),...
56.In Article 86 (revocation, variation, etc., of orders for periodical...
57.In Article 88 (nature of domestic proceedings), after paragraph (dh),...
58.In Article 98 (enforcement of orders for periodical payment of...
59.In Article 99 (enforcement of orders for payment of money...
60.In Article 143 (appeals in other cases), after paragraph (3)...
61.In Article 164 (appearance by counsel or solicitor), in paragraph...
Criminal Attempts and Conspiracy (Northern Ireland) Order 1983 (S.I. 1983/1120 (N.I. 13))
Forfeiture (Northern Ireland) Order 1982 (S.I. 1982/1082 (N.I. 14))
Family Law (Miscellaneous Provisions) (Northern Ireland) Order 1984 (S.I. 1984/1984 (N.I. 14))
Credit Unions (Northern Ireland) Order 1985 (S.I. 1985/1205 (N.I. 12))
Mental Health (Northern Ireland) Order 1986 (S.I. 1986/595 (N.I. 4))
Companies (Northern Ireland) Order 1986 (S.I. 1986/1032 (N.I. 6))
68.(1) Amend Article 10A (meaning of “offer to the public”)...
69.In Article 11 (employees' share scheme), in paragraph (b), for...
70.In Article 211 (notification of family and corporate interests), in...
71.(1) Amend Article 335 (extension of Article 331 to spouses...
72.(1) Amend Article 336 (extension of Article 332 to spouses...
74.In Article 423E (associates), in paragraph (8) after “spouse” insert...
Enduring Powers of Attorney (Northern Ireland) Order 1987 (S.I. 1987/1627 (N.I. 16))
Matrimonial and Family Proceedings (Northern Ireland) Order 1989 (S.I. 1989/677 (N.I. 4))
Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19))
81.In Article 179 (proceedings under Article 177 and 178), in...
82.In Article 286 (charge on bankrupt’s home), in paragraph (1),...
84.In Article 305 (saving for bankrupt’s home), in paragraph (1),...
85.In Article 312 (transactions at an undervalue), in paragraph (3)(b),...
86.In Article 337 (inquiry into bankrupt’s dealings and property), in...
87.In Article 367 (transactions defrauding creditors), in paragraph (1)(b), after...
Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12))
Companies (Northern Ireland) Order 1990 (S.I. 1990/593 (N.I. 5))
Food Safety (Northern Ireland) Order 1991 (S.I. 1991/762 (N.I. 7))
Industrial Relations (Northern Ireland) Order 1992 (S.I.1992/807 (N.I.5))
Family Law (Northern Ireland) Order 1993 (S.I. 1993/1576 (N.I. 6))
Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2))
95.In Article 8 (residence, contact and other orders with respect...
96.In Article 50 (care orders and supervision orders), in paragraph...
97.In Article 67 (powers to assist in discovery of children...
98.In Article 69 (recovery of abducted children, etc.), in paragraph...
99.In Article 166 (appeals), at the end of paragraph (2)(b)...
100.In Article 171 (self-incrimination), in paragraph (2), after “spouse” insert...
Trade Union and Labour Relations (Northern Ireland) Order 1995(S.I.1995/1980 (N.I.12))
Employment Rights (Northern Ireland) Order 1996 (S.I. 1996/1919 (N.I. 16))
Registration of Clubs (Northern Ireland) Order 1996 (S.I. 1996/3159 (N.I. 23))
Race Relations (Northern Ireland) Order 1997 (S.I. 1997/869 (N.I. 6))
Fair Employment and Treatment (Northern Ireland) Order 1998 (S.I. 1998/3162 (N.I. 21))
Welfare Reform and Pensions (Northern Ireland) Order 1999 (S.I. 1999/3147 (N.I. 11))
108.(1) Amend Article 21 (supply of pension information in connection...
109.(1) Amend Article 22 (charges by pension arrangements in relation...
110.(1) Amend Article 25 (activation of pension sharing) as follows....
111.(1) Amend Article 31 (“implementation period”) as follows.
112.(1) Amend Article 45 (activation of benefit sharing) as follows....
Housing (Northern Ireland) Order 2003 (S.I. 2003/412 (N.I. 2))
Marriage (Northern Ireland) Order 2003 (S.I. 2003/413 (N.I. 3))
Access to Justice (Northern Ireland) Order 2003 (S.I. 2003/435 (N.I. 10))
Firearms (Northern Ireland) Order 2004 (S.I. 2004/702 (N.I. 3))
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: