Clause 6 - Types of pre-registration procedure

Part of Civil Partnership Bill [Lords] – in a Public Bill Committee at 3:30 pm on 21st October 2004.

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Photo of Jacqui Smith Jacqui Smith Minister of State (Industry and the Regions and Deputy Minister for Women), Department of Trade and Industry 3:30 pm, 21st October 2004

As I am optimistic, I think that we may get through this group of amendments relatively quickly and uncontroversially.

The amendments are technical and make minor drafting changes to ensure that relevant registration provisions read across accurately to one another. Amendments Nos. 21 and 34 are aimed at simplifying

clause 6(3) and clarifying paragraph 7(1) to schedule 4 so that there can be no confusion over which modifications apply to the procedures set out in clause 6 and those in schedule 4. The amendments have the effect that when schedule 4 applies, the modifications in paragraph 7 to schedule 4 apply in place of the modifications set out in clause 21. The modifications in question are those that apply when one of the proposed civil partners lives in England or Wales and the other resides in Scotland or Northern Ireland or is a member of Her Majesty's forces serving overseas.

Amendment No. 35 to paragraph 7(8) of schedule 4 corrects the calculation of the applicable period when the proposed civil partners were previously married and one of them has changed gender. The amendment also clarifies the application of the offences in clause 32(1)(a) and (2)(c). If two notices of a proposed civil partnership are required by a pre-registration procedure, it will be an offence for the civil partnership schedule to be issued before the end of the waiting period in respect of each notice of a proposed civil partnership. If only one notice is required, it will be an offence for the civil partnership schedule to be issued before the end of the waiting period in respect of that notice of a proposed civil partnership.

Amendment No. 24 corrects an error and amends clause 21(5)(e) so that when the standard procedure is used when one of the proposed civil partners lives in England or Wales and the other lives in Scotland or Northern Ireland, the applicable period is three months. In those circumstances, the applicable period starts from the date that the registration authority in England and Wales recorded the notice of proposed civil partnership. I hope that hon. Members will be able to support the amendment.

Amendment agreed to.