Civil Partnership Act 2004 Explanatory Notes

Part 6 – Relationships arising through civil partnerships.Introduction

478.The sections in this Part of the Act relate to the interpretation of references to certain familial relationships in legislation including legislation made by the Scottish Parliament and Northern Ireland legislation.

Section 246: Interpretation of statutory references to stepchildren etc.

479.This section provides that references to “step” relationships and “in-laws”, in any provision to which the section applies, are to be read as including relationships arising through civil partnership.

Section 247: Provisions to which section 246 applies: Acts of Parliament etc.

480.This section applies section 246 to references in existing legislation as listed in Schedule 21. In addition, this section confers an order-making power to amend Schedule 21 and to apply section 246 to provisions of existing subordinate legislation. This section also applies section 246 to any provision of a future Act (including Acts of the Scottish Parliament) or future subordinate legislation (subject to any indication to the contrary).

Section 248: Provisions to which section 246 applies: Northern Ireland

481.This section applies section 246 to Northern Ireland legislation which is set out in Schedule 22. It confers on the Department of Finance and Personnel an order-making power to amend Schedule 22 and to apply section 246 to existing Northern Ireland subordinate legislation. Section 248 also provides that, except in so far as otherwise provided, section 246 applies to any provision in future Northern Ireland legislation, either primary or secondary.

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