2005 No. 3302 (W.256)
The Civil Partnership Act 2004 (Consequential Amendments to Subordinate Legislation) (Wales) Order 2005
Made
Coming into force
The National Assembly for Wales, in exercise of the powers conferred upon it by section 259 of the Civil Partnership Act 20041 hereby makes the following Order:
Title, commencement and application1
1
The title of this Order is the Civil Partnership Act 2004 (Consequential Amendments to Subordinate Legislation) (Wales) Order 2005.
2
This Order comes into force on 5 December 2005 and applies in relation to Wales.
Amendments to subordinate legislation2
The Schedule (which contains amendments to subordinate legislation) has effect.
Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 19982.
SCHEDULEAMENDMENTS TO STATUTORY INSTRUMENTS
Welsh Development Agency (Compensation) Regulations 19761
In the Welsh Development Agency (Compensation) Regulations 1976(3, in regulations 22, 23, 24, 28 and 31, insert “, surviving civil partner,” after “widow” in each place.
Local Authorities' Cemeteries Order 19772
In the Local Authorities' Cemeteries Order 19774, in Schedule 3, in paragraph 17, for “husband or wife” substitute “spouse or a civil partner”.
State Awards (State Bursaries for Adult Education)(Wales) Regulations 19793
In the State Awards (State Bursaries for Adult Education)(Wales) Regulations 19795, in Schedule 2—
a
in paragraphs 1(2)(a) and (b) after “his spouse” insert “ or civil partner or;”; and
b
in paragraph 4(1)(b) after “the spouse,” insert “civil partner,”.
National Health Service (Travelling Expenses and Remission of Charges) Regulations 19884
In the National Health Service (Travelling Expenses and Remission of Charges) Regulations 19886, in regulation 2(1)—
a
in the definition of “partner”, in sub-paragraph (a) after “unmarried couple” insert “or of a civil partnership”; and
b
after “that couple” insert “or civil partnership (as the case may be)”.
National Health Service (Charges to Overseas Visitors) Regulations 19895
In the National Health Service (Charges to Overseas Visitors) Regulations 19897, in regulations 4(4), 4A(2), 5(b) and (e) after “spouse” insert “, civil partner, ” in each place.
Valuation and Community Charge Tribunals Regulations 19896
In the Valuation and Community Charge Tribunals Regulations 19898, in regulations 9(1)(f), 23(2) and 42(3) after “spouse” insert “or civil partner” in each place.
Council Tax (Additional Provisions for Discount Disregards) Regulations 19927
In the Council Tax (Additional Provisions for Discount Disregards) Regulations 19929—
a
in regulation 3(1), in the paragraph concerning Class E, after “spouse” insert “, civil partner”; and
b
at the end of paragraph (a) of sub-paragraph (1) of paragraph 4 of the Schedule, delete the word “or” and, after that paragraph, insert—
aa
that person is the civil partner of the other or they live together as if they were civil partners; or
Council Tax (Exempt Dwellings) Order 19928
In the Council Tax (Exempt Dwellings) Order 199210—
a
in Article 2(5)—
i
in sub-paragraph (a) after “spouse” insert “or civil partner”;
ii
in sub-paragraph (i) after “marriage” insert “or civil partnership”;
iii
in sub-paragraph (ii)—
aa
after “marriage”, insert “and a relationship between two persons of the same sex living together as if they were civil partners is to be treated as a relationship by civil partnership;” and
bb
at the end, delete the word “and”;
iv
after sub-paragraph (iii), insert—
and
v
the child of the civil partner of a person (here “A”) shall be treated as A’s child.
b
in article 3, in the paragraph concerning Class N, in sub-paragraph (2)(a)(ii)—
i
after “spouse” insert “, civil partner,”; and
ii
for “either”, substitute “each”.
Council Tax (Administration and Enforcement) Regulations 19929
In the Council Tax (Administration and Enforcement) Regulations 199211—
a
in Regulation 32(1), in the definition of “net earnings”, in sub-paragraph (c)(ii) after “widows” insert “widowers, surviving civil partners”; and
b
in Regulation 58(1)(b) after “spouse” insert “or civil partner”.
Valuation Tribunals (Wales) Regulations 199510
In the Valuation Tribunals (Wales) Regulations 199512, in regulations 7(1)(f), 23(2) and 42(3), after “spouse” insert “or civil partner”.
Housing Renewal Grants Regulations 199611
In the Housing Renewal Grants Regulations 199613—
a
in Regulation 2(1)—
i
in the definition of “close relative” after “spouse” insert “or civil partner”;
ii
in the definition of “family”—
aa
in paragraphs (a) and (b) after “married or unmarried couple”, insert “or both members of a civil partnership” in each place;
bb
in paragraph (c) after “married or unmarried couple”, insert “or of a civil partnership”;
iii
in the definition of “member of a couple” after “unmarried couple” insert “or of a civil partnership”;
iv
in the definition of “partner”, in paragraph (a), after “married or unmarried couple” insert “or of a civil partnership”;
v
in the definition of “unmarried couple” after “Schedule 3” omit the rest of the definition and substitute the following—
a
a man and woman who are not married to each other but are living together as husband and wife; or
b
two persons of the same sex who are not civil partners but are living together as if they were civil partners;
b
in Schedule 1, in paragraph 10A(1)(b), after “spouse” insert “or civil partner”; and
c
in Schedule 4, in paragraph 65 after “deceased spouse” insert “or deceased civil partner” in each place.
Council Tax (Prescribed Classes of Dwellings) Regulations 199812
In the Council Tax (Prescribed Classes of Dwellings) Regulations 199814, in the Schedule—
a
in paragraph 1(1) for “or for his spouse by reason of the spouse’s employment” substitute “or for his spouse or civil partner by reason of their employment”; and
b
in paragraphs 2(1), (2) and (3) after “spouse” insert “or civil partner”;
c
in paragraph 3, add at the end—
; and references to the civil partner of a person are to be taken to include references to a person of the same sex who is living with the other as if they were that person’s civil partner
Education (School Government) (Wales) Regulations 199913
In the Education (School Government) (Wales) Regulations 199915, in Schedule 7—
a
in paragraph 1 insert the following new sub-paragraph after sub-paragraph 1(c)—
d
to a person’s civil partner includes someone living with that person as if he or she were that person’s civil partner
b
in paragraph 2(4), after “spouse” insert “or civil partner”.
Local Government (Early Termination of Employment) (Discretionary Compensation) (England and Wales) Regulations 200014
In the Local Government (Early Termination of Employment) (Discretionary Compensation) (England and Wales) Regulations 200016, in Schedule 1, in paragraph 1, in the definition of “eligible child”, in sub-paragraph (c)(ii), after “married” insert “or entered into civil partnership with”.
Home Energy Efficiency Schemes (Wales) Regulations 200015
In the Home Energy Efficiency Schemes (Wales) Regulations 200017, in regulations 5(1)(a), 5(1)(b), 5(2)(a), 5(2)(b), 5(2)(d), and 5(6) after “spouse” insert “or civil partner”.
Standards Committees (Wales) Regulations 200116
In the Standards Committees (Wales) Regulations 200118, in regulation 2, in the definition of “independent member”, in paragraph (c) after “spouse” insert “or civil partner”.
Care Homes (Wales) Regulations 200217
In the Care Homes (Wales) Regulations 200219—
a
in regulation 2(1), in the definition of “relative”—
i
in paragraphs (a), (b), (c), and (d), after “spouse” insert “or civil partner”;
ii
after “his child,” delete “and”;
iii
after “wife” insert “, and references to a “civil partner” include a former civil partner.” ; and
b
In Schedule 3, in paragraph 3(a) after “marital status” insert “or civil partnership status”.
Private and Voluntary Health Care (Wales) Regulations 200218
In the Private and Voluntary Health Care (Wales) Regulations 200220, in Schedule 3, in Part II, in paragraph 1(a) after “marital status,” insert “or civil partnership status”.
Registration of Social Care and Independent Health Care (Wales) Regulations 200219
In the Registration of Social Care and Independent Health Care (Wales) Regulations 200221, in regulation 2(1), in the definition of “relative”—
a
in sub-paragraphs (a), (b), and (c), after “spouse” insert “or civil partner”;
b
after “the person’s child,” delete “and”; and
c
after “wife” insert “, and references to a “civil partner” include a former civil partner.”
Local Health Boards (Constitution, Membership and Procedures) (Wales) Regulations 200320
In the Local Health Boards (Constitution, Membership and Procedures) (Wales) Regulations 200322, in regulation 15(5), after “ (whether of different sexes or not), ” insert “or as civil partners”.
Fostering Services (Wales) Regulations 200321
In the Fostering Services (Wales) Regulations 200323 in regulation 24(10)—
a
in paragraph (a) after “married to” insert “or the civil partner of”;
b
in paragraph (c) after “married” insert “or with whom Person B has registered a civil partnership”;
c
in Schedule 3, in paragraph 2—
i
after “marital” insert “or civil partnership”; and
ii
after “marriage” insert “, civil partnership”.
Residential Family Centres (Wales) Regulations 200322
In the Residential Family Centres (Wales) Regulations 200324, in Schedule 4, in paragraph 2(a) after “marital status” insert “or civil partnership status”.
Domiciliary Care Agencies (Wales) Regulations 200423
In the Domiciliary Care Agencies (Wales) Regulations 200425, in Regulation 2(1), in the definition of “relative”—
a
in sub-paragraphs (a), (b), and (c) after “spouse” insert “or civil partner”;
b
after “his or her child,” delete “and”; and
c
after “wife” insert “, and references to a “civil partner” include a former civil partner.”
RTM Companies (Memorandum and Articles of Association) (Wales) Regulations 200424
In the RTM Companies (Memorandum and Articles of Association) (Wales) Regulations 200426, in Schedule 1, in Part 1 (Memorandum of Association), in paragraph 4(u) after “surviving spouses insert “, civil partners, surviving civil partners, ”.
Leasehold Valuation Tribunals (Fees) (Wales) Regulations 200425
In the Leasehold Valuation Tribunals (Fees) (Wales) Regulations 200427, in regulation 8(4), in sub-paragraph (b) (which defines “partner” for the purpose of that regulation), after “spouse” insert “or civil partner”.
Service Charges (Consultation Requirements) (Wales) Regulations 200426
In the Service Charges (Consultation Requirements) (Wales) Regulations 200428, in regulation 2(1), in the definition of “close relative” after “spouse” insert “, civil partner”.
Local Authorities (Conduct of Referendums) (Wales) Regulations 200427
In the Local Authorities (Conduct of Referendums) (Wales) Regulations 200429, in Schedule 3—
a
in Table 2, in the entry relating to section 61 of the Representation of the People Act 198330, in column (2), subsection (4), after “wife, insert “civil partner”; and
b
in Table 3, in the entry relating to Rule 29 of the Local Elections (Principal Areas) Rules 198631, in column (2), in paragraph (2B), after “wife” insert “civil partner” in each place.
Community Care, Services for Carers and Children’s Services (Direct Payments) (Wales) Regulations 200428
In the Community Care, Services for Carers and Children’s Services (Direct Payments) (Wales) Regulations 200432 in regulations 7(2)(a), (b), (d) and (e) after “spouse” insert “or civil partner” in each place.
Adult Placement Schemes (Wales) Regulations 200429
In the Adult Placement Schemes (Wales) Regulations 200433, in Regulation 2(1), in the definition of “relative”—
a
in the indented paragraphs (a), (b), (c) and (d) after “spouse” insert “or civil partner” in each place; and
b
in the final paragraph after “wife” insert, and references to a “civil partner” include a former civil partner”.
(This note is not part of the Order)