Part 6Relationships arising through civil partnership

I1247Provisions to which section 246 applies: Acts of Parliament etc.

1

Section 246 applies to—

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—

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—

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.

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)).

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.

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.

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.))).

9

In this section—

  • “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.