False statements etc. with reference to civil partnerships

Civil Partnership Act 2004

2004 Chapter 33 - continued

PART 2, CIVIL PARTNERSHIP: ENGLAND AND WALES - continued

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CHAPTER 6

MISCELLANEOUS

False statements etc. with reference to civil partnerships

(1) A person commits an offence if-

(a) for the purpose of procuring the formation of a civil partnership, or a document mentioned in subsection (2), he-

(i) makes or signs a declaration required under this Part or Part 5, or

(ii) gives a notice or certificate so required,

knowing that the declaration, notice or certificate is false,

(b) for the purpose of a record being made in any register relating to civil partnerships, he-

(i) makes a statement as to any information which is required to be registered under this Part or Part 5, or

(ii) causes such a statement to be made,

knowing that the statement is false,

(c) he forbids the issue of a document mentioned in subsection (2)(a) or (b) by representing himself to be a person whose consent to a civil partnership between a child and another person is required under this Part or Part 5, knowing the representation to be false, or

(d) with respect to a declaration made under paragraph 5(1) of Schedule 1 he makes a statement mentioned in paragraph 6 of that Schedule which he knows to be false in a material particular.

(2) The documents are-

(a) a civil partnership schedule or a Registrar General's licence under Chapter 1;

(b) a document required by an Order in Council under section 210 or 211 as an authority for two people to register as civil partners of each other;

(3) A person guilty of an offence under subsection (1) is liable-

(a) on conviction on indictment, to imprisonment for a term not exceeding 7 years or to a fine (or both);

(b) on summary conviction, to a fine not exceeding the statutory maximum.

(4) The Perjury Act 1911 (c. 6) has effect as if this section were contained in it.

Housing and tenancies

Schedule 8 amends certain enactments relating to housing and tenancies.

Family homes and domestic violence

Schedule 9 amends Part 4 of the Family Law Act 1996 (c. 27) and related enactments so that they apply in relation to civil partnerships as they apply in relation to marriages.

Fatal accidents claims

(1) Amend the Fatal Accidents Act 1976 (c. 30) as follows.

(2) In section 1(3) (meaning of "dependant" for purposes of right of action for wrongful act causing death), after paragraph (a) insert-

"(aa) the civil partner or former civil partner of the deceased;".

(3) In paragraph (b)(iii) of section 1(3), after "wife" insert "or civil partner".

(4) After paragraph (f) of section 1(3) insert-

"(fa) any person (not being a child of the deceased) who, in the case of any civil partnership in which the deceased was at any time a civil partner, was treated by the deceased as a child of the family in relation to that civil partnership;".

(5) After section 1(4) insert-

"(4A) The reference to the former civil partner of the deceased in subsection (3)(aa) above includes a reference to a person whose civil partnership with the deceased has been annulled as well as a person whose civil partnership with the deceased has been dissolved."

(6) In section 1(5)(a), for "by affinity" substitute "by marriage or civil partnership".

(7) In section 1A(2) (persons for whose benefit claim for bereavement damages may be made)-

(a) in paragraph (a), after "wife or husband" insert "or civil partner", and

(b) in paragraph (b), after "was never married" insert "or a civil partner".

(8) In section 3 (assessment of damages), in subsection (4), after "wife" insert "or civil partner".

Evidence

(1) Any enactment or rule of law relating to the giving of evidence by a spouse applies in relation to a civil partner as it applies in relation to the spouse.

(2) Subsection (1) is subject to any specific amendment made by or under this Act which relates to the giving of evidence by a civil partner.

(3) For the avoidance of doubt, in any such amendment, references to a person's civil partner do not include a former civil partner.

(4) References in subsections (1) and (2) to giving evidence are to giving evidence in any way (whether by supplying information, making discovery, producing documents or otherwise).

(5) Any rule of law-

(a) which is preserved by section 7(3) of the Civil Evidence Act 1995 (c. 38) or section 118(1) of the Criminal Justice Act 2003 (c. 44), and

(b) under which in any proceedings evidence of reputation or family tradition is admissible for the purpose of proving or disproving the existence of a marriage,

is to be treated as applying in an equivalent way for the purpose of proving or disproving the existence of a civil partnership.

Prepared 25 November 2004