Schedule 28 - Consequential amendments: Scotland
Civil Partnership Bill [Lords]
3:30 pm

Amendments made: No. 99, in schedule 28, page 368, line 13, at end insert—

'In section 36(1) (interpretation), in the definition of ''prior rights'', after ''spouse'' insert ''or civil partner''.'.

No. 100, in schedule 28, page 374, line 2, at end insert—

'In section 16(4) (presentation of petition for recall of sequestration), for ''section 41(1)(b)'' substitute ''sections 41(1)(b) and 41A(1)(b)''.

In section 17(8)(b) (duties of clerk of court in relation to recall of sequestration), after ''41(1)(b)(ii)'' insert ''or 41A(1)(b)(ii)''.'.

No. 101, in schedule 28, page 374, line 8, at end insert—

'In section 34(7) (gratuitous alienations: saving for operation of Married Women's Policies of Assurance (Scotland) Act 1880), at the end insert ''including the operation of that section as applied by section 128 of the Civil Partnership Act 2004''.'.

No. 102, in schedule 28, page 374, line 13, at end insert—

'( ) In paragraph (d) of that subsection, for ''paragraph (a) or (b)'' substitute ''paragraphs (a) to (b)''.'.

No. 103, in schedule 28, page 375, line 14, at end insert—

' In section 51(3)(b) (meaning of ''postponed debt''), at the end insert ''or civil partner''.'.

No. 104, in schedule 28, page 375, line 16, at end insert—

'(1) Amend Schedule 1 (determination of amount of creditor's claim) as follows.

(2) In paragraph 2(1)(a), the words ''in the case of spouses (or, where the aliment is payable to a divorced person in respect of a child, former spouses)'' become paragraph 2(1)(a)(i).

(3) At the end of paragraph 2(1)(a)(i) insert '', or

(ii) in the case of civil partners (or, where the aliment is payable to a former civil partner in respect of a child after dissolution of a civil partnership, former civil partners),''.

(4) In paragraph 2(2), after ''divorce'' insert ''or on dissolution of a civil partnership''.'.

No. 179, in schedule 28, page 377, leave out lines 18 to 21 and insert—

'(1) Amend section 105 (meaning of ''member of a person's family'') as follows.

(2) In subsection (1)(a)—

(a) after ''spouse'' insert ''or civil partner'', and

(b) at the end insert ''or in a relationship which has the characteristics of the relationship between civil partners''.

(3) In subsection (2)(a), after ''a relationship by marriage'' insert ''or civil partnership''.'.

No. 105, in schedule 28, page 377, line 23, leave out paragraphs 46 to 53.

No. 106, in schedule 28, page 378, line 28, at end insert—

'Debtors (Scotland) Act 1987 (c.18)

In section 106 (interpretation), in paragraph (a) of the definition of ''maintenance order''—

(a) after ''divorce'' insert ''or on dissolution of a civil partnership'', and

(b) after ''marriage'' insert ''or of nullity of a civil partnership''.'.—[Jacqui Smith.]

Schedule 28, as amended, agreed to.