Clause 250 - Community obligations and civil partners
Civil Partnership Bill [Lords]
3:00 pm
Ms Jacqui Smith (Minister of State (Industry and the Regions and Deputy Minister for Women), Department of Trade and Industry; Redditch, Labour)
The clause confers a power to make domestic provision for civil partners if European Community legislation requiring implementation deals with persons who are or have been married or whose marriage is void, but is silent about persons who are or have been in a civil partnership or whose civil partnership was void.
The amendments have the effect of making possible the exercising of the power in clause 250 by any person who is exercising the power in section 2(2) of the European Communities Act 1972, or who would have that power if section 2(2) were being used at the same time as the exercising of the power in clause 250. That includes the devolved Administrations, in circumstances in which they would have the power to use section 2(2) of the 1972 Act. The amendments
ensure that the power in clause 250 is available where implementing measures are being made under section 2(2), and also where they have already been made.
The amendments add a power to make Orders in Council alongside the existing power to make regulations, and they apply to statutory instruments made under clause 250 the same procedural provisions that apply to instruments made under section 2(2) of the 1972 Act.
I have no doubt that that is clear to members of the Committee.