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The Civil Partnership Act 2004 (Overseas Relationships) Order 2005

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Statutory Instruments

2005 No. 3135

CIVIL PARTNERSHIP

The Civil Partnership Act 2004 (Overseas Relationships) Order 2005

Made

4th November 2005

Laid before Parliament

11th November 2005

Coming into force

5th December 2005

The Secretary of State, in exercise of the power conferred upon him by section 213 of the Civil Partnership Act 2004(1), and with the consent of the Scottish Ministers and the Department of Finance and Personnel, makes the following Order:

Citation and commencement

1.  This Order may be cited as the Civil Partnership Act 2004 (Overseas Relationships) Order 2005 and shall come into force on 5th December 2005.

Additions to Schedule 20 to the Civil Partnership Act 2004

2.  In Schedule 20 to the Civil Partnership Act 2004 (meaning of overseas relationship: specified relationships), in the table—

(a)before the first entry relating to Belgium insert—

Andorrauniό estable de parella
Australia: Tasmaniasignificant relationship

(b)after the second entry relating to Belgium insert—

Canadamarriage

(c)after the entry relating to Iceland insert—

Luxembourgthe relationship referred to as partenariat enregistré or eingetragene Partnerschaft

(d)after the second entry relating to Netherlands insert—

New Zealandcivil union

(e)after the entry relating to Norway insert—

Spainmarriage

(f)after the entry relating to Sweden insert—

United States of America: Californiadomestic partnership
United States of America: Connecticutcivil union
United States of America: Mainedomestic partnership
United States of America: Massachusettsmarriage
United States of America: New Jerseydomestic partnership

Meg Munn

Parliamentary Under Secretary of State for Women and Equality

Department of Trade and Industry

28th October 2005

The Scottish Ministers consent to the making of this Order

Hugh Henry

A Member of the Scottish Executive

1st November 2005

The Department of Finance and Personnel consents.

Sealed with the Official Seal of the Department of Finance and Personnel

L.S.

Ethne E Harkness

A Senior Officer of the

Department of Finance and Personnel

4th November 2005

Explanatory Note

(This note is not part of the Order)

This Order amends Schedule 20 to the Civil Partnership Act 2004 (c. 33) (“the Act”). Schedule 20 specifies overseas relationships that may be treated as civil partnerships for the purposes of the Act, provided certain other conditions in the Act are satisfied. This Order adds the following relationships to the specified relationships in Schedule 20—

(a)uniό estable de parella (Catalan translation) in Andorra

(b)significant relationship in Tasmania, Australia

(c)marriage in Canada

(d)the relationship referred to as partenariat enregistré (French translation) or eingetragene partnerschaft (German translation) in Luxembourg

(e)civil union in New Zealand

(f)marriage in Spain

(g)domestic partnership in California, United States of America

(h)civil union in Connecticut, United States of America

(i)domestic partnership in Maine, United States of America

(j)marriage in Massachusetts, United States of America

(k)domestic partnership in New Jersey, United States of America.

A regulatory impact assessment has not been prepared for this Order, as it has no impact on the costs of business, charities, voluntary bodies or any public bodies distinct from that of the Act itself. A full regulatory impact assessment for civil partnership was published alongside the Act and can be viewed at http://www.dti.gov.uk/access/ria/index.htm#equality.

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