| Civil Partnership Act 2004 |
| 2004 Chapter 33 - continued |
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| back to previous text |
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| | PART 6 |
| | RELATIONSHIPS ARISING THROUGH CIVIL PARTNERSHIP |
| 246 | Interpretation of statutory references to stepchildren etc.
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| | (1) In any provision to which this section applies, references to a stepchild or step-parent of a person (here, "A"), and cognate expressions, are to be read as follows- A's stepchild includes a person who is the child of A's civil partner (but is not A's child);A's step-parent includes a person who is the civil partner of A's parent (but is not A's parent); A's stepdaughter includes a person who is the daughter of A's civil partner (but is not A's daughter); A's stepson includes a person who is the son of A's civil partner (but is not A's son); A's stepfather includes a person who is the civil partner of A's father (but is not A's parent); A's stepmother includes a person who is the civil partner of A's mother (but is not A's parent); A's stepbrother includes a person who is the son of the civil partner of A's parent (but is not the son of either of A's parents); A's stepsister includes a person who is the daughter of the civil partner of A's parent (but is not the daughter of either of A's parents). |
| | (2) For the purposes of any provision to which this section applies-
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| | "brother-in-law" includes civil partner's brother, |
| | "daughter-in-law" includes daughter's civil partner, |
| | "father-in-law" includes civil partner's father, |
| | "mother-in-law" includes civil partner's mother, |
| | "parent-in-law" includes civil partner's parent, |
| | "sister-in-law" includes civil partner's sister, and |
| | "son-in-law" includes son's civil partner. |
| 247 | Provisions to which section 246 applies: Acts of Parliament etc.
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| | (1) Section 246 applies to-
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| | (a) any provision listed in Schedule 21 (references to stepchildren, in-laws etc. in existing Acts), |
| | (b) except in so far as otherwise provided, any provision made by a future Act, and |
| | (c) except in so far as otherwise provided, any provision made by future subordinate legislation. |
| | (2) A Minister of the Crown may by order-
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| | (a) amend Schedule 21 by adding to it any provision of an existing Act; |
| | (b) provide for section 246 to apply to prescribed provisions of existing subordinate legislation. |
| | (3) The power conferred by subsection (2) is also exercisable-
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| | (a) by the Scottish Ministers, in relation to a relevant Scottish provision; |
| | (b) by a Northern Ireland department, in relation to a provision which deals with a transferred matter; |
| | (c) by the National Assembly for Wales, if the order is made by virtue of subsection (2)(b) and deals with matters with respect to which functions are exercisable by the Assembly. |
| | (4) Subject to subsection (5), the power to make an order under subsection (2) is exercisable by statutory instrument.
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| | (5) Any power of a Northern Ireland department to make an order under subsection (2) is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).
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| | (6) A statutory instrument containing an order under subsection (2) made by a Minister of the Crown is subject to annulment in pursuance of a resolution of either House of Parliament.
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| | (7) A statutory instrument containing an order under subsection (2) made by the Scottish Ministers is subject to annulment in pursuance of a resolution of the Scottish Parliament.
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| | (8) A statutory rule containing an order under subsection (2) made by a Northern Ireland department is subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.))).
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| | (9) In this section-
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| | "Act" includes an Act of the Scottish Parliament; |
| | "existing Act" means an Act passed on or before the last day of the Session in which this Act is passed; |
| | "existing subordinate legislation" means subordinate legislation made before the day on which this section comes into force; |
| | "future Act" means an Act passed after the last day of the Session in which this Act is passed; |
| | "future subordinate legislation" means subordinate legislation made on or after the day on which this section comes into force; |
| | "Minister of the Crown" has the same meaning as in the Ministers of the Crown Act 1975 (c. 26); |
| | "prescribed" means prescribed by the order; |
| | "relevant Scottish provision" means a provision that would be within the legislative competence of the Scottish Parliament if it were included in an Act of that Parliament; |
| | "subordinate legislation" has the same meaning as in the Interpretation Act 1978 (c. 30) except that it includes an instrument made under an Act of the Scottish Parliament; |
| | "transferred matter" has the meaning given by section 4(1) of the Northern Ireland Act 1998 (c. 47) and "deals with" in relation to a transferred matter is to be construed in accordance with section 98(2) and (3) of the 1998 Act. |
| 248 | Provisions to which section 246 applies: Northern Ireland
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| | (1) Section 246 applies to-
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| | (a) any provision listed in Schedule 22 (references to stepchildren, etc. in Northern Ireland legislation), |
| | (b) except in so far as otherwise provided, any provision made by any future Northern Ireland legislation, and |
| | (c) except in so far as otherwise provided, any provision made by any future subordinate legislation. |
| | (2) The Department of Finance and Personnel may by order-
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| | (a) amend Schedule 22 by adding to it any provision of existing Northern Ireland legislation; |
| | (b) provide for section 246 to apply to prescribed provisions of existing subordinate legislation. |
| | (3) The power to make an order under subsection (2) is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).
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| | (4) An order under subsection (2) is subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 (1954 c. 33 (N.I.))).
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| | (5) In this section-
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| | "existing Northern Ireland legislation" means Northern Ireland legislation passed or made on or before the last day of the Session in which this Act is passed; |
| | "existing subordinate legislation" means subordinate legislation made before the day on which this section comes into force; |
| | "future Northern Ireland legislation" means Northern Ireland legislation passed or made after the last day of the Session in which this Act is passed; |
| | "future subordinate legislation" means subordinate legislation made on or after the day on which this section comes into force; |
| | "prescribed" means prescribed by the order; |
| | "subordinate legislation" means any instrument (within the meaning of section 1(c) of the Interpretation Act (Northern Ireland) 1954 (1954 c. 33 (N.I.))). |
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