The Civil Partnership Act 2004 (Commencement No. 2) Order 2005

Explanatory Note

(This note is not part of the Order)

This Order brings into force on 5th December 2005 all the remaining provisions of the Civil Partnership Act 2004 (c. 33) (“the Act”) (other than those provisions that come into force by Order made by the Scottish Ministers or the Department of Finance and Personnel in Northern Ireland) with the following exceptions –

• Section 75(2) of the Act, which amends section 4A(1) of the Children Act 1989 (c. 41) (acquisition of parental responsibility by step-parent), is brought into force by this Order on 30th December 2005

• Section 79 of the Act, which amends the Adoption and Children Act 2002 (c. 38) to ensure that civil partners are treated equally with spouses for the purposes of adoption, is brought into force by this Order on 30th December 2005

• Paragraphs 3 and 9 of Schedule 1 to the Act (prohibited degrees of relationship: England and Wales) are not commenced by this Order

• Part 7 of Schedule 5 to the Act and paragraph 10(4)(b), (5)(b) and (9)(c) of Schedule 7 to the Act, which relate to pension protection fund compensation, are not commenced by this Order

• Paragraph 13(4) and (5) of Schedule 27 to the Act, which amends section 1(4) and (5) of the Marriage Act 1949 (c. 76) (“the 1949 Act”) (marriages within prohibited degrees), is not commenced by this Order

• Paragraph 13(6) of Schedule 27 to the Act, which omits section 1(6) to (8) of the 1949 Act (marriages within prohibited degrees), is only partially commenced on 5th December 2005

• Paragraph 17 of Schedule 27 to the Act, which amends Schedule 1 to the 1949 Act (kindred and affinity), is only partially commenced on 5th December 2005

• The amendment of section 1 of the 1949 Act (marriages within prohibited degrees) in Schedule 30 to the Act is only partially commenced on 5th December 2005

A regulatory impact assessment has not been prepared for this Order, as it has no impact on the cost 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.