
2005 No. 520
CIVIL PARTNERSHIP
The Civil Partnership Act 2004 (Amendments to Subordinate Legislation) Order (Northern Ireland) 2005
Made 25th November 2005
Coming into operation 5th December 2005
The Department of Finance and Personnel, in exercise of the powers conferred on it by section 259 of the Civil Partnership Act 2004 and of all other powers enabling it in that behalf, hereby makes the following Order:
Citation, commencement and interpretation
1 

(1) This Order may be cited as the Civil Partnership Act 2004 (Amendments to Subordinate Legislation) Order (Northern Ireland) 2005 and shall come into operation on 5th December 2005.
(2) The Interpretation Act (Northern Ireland) 1954 shall apply to this Order as it applies to an Act of the Assembly.
Amendments to Subordinate Legislation
2 
The Schedule (which contains amendments to miscellaneous subordinate legislation) shall have effect.
Sealed with the Official Seal of the Department of Finance and Personnel on 25th November 2005.
Ethne E. Harkness
A senior officer of the
Department of Finance and Personnel

SCHEDULE
AMENDMENTS TO MISCELLANEOUS SUBORDINATE LEGISLATION
Article 2
Cremation (Belfast) Regulations (Northern Ireland) 1961
1 

(1) In Form A of the Schedule (Application for Cremation with Statutory Declaration)—
(a) for “(Whether married, widow, widower, or unmarried)” substitute “(Whether married or in a civil partnership, surviving spouse or civil partner or single (never married or never having formed a civil partnership))”.
(b) in the note to “near relatives” in question 4, for “widow or widower” substitute “surviving spouse or civil partner”.
(2) In Form G of the Schedule (Register of Cremations), after “married or unmarried” in column 5 insert “or in a civil partnership”.
Intestate Succession (Interest) Order (Northern Ireland) 1985
2 
In Article 2 (Interest on statutory legacy), after “spouse's” insert “or civil partner's”.
Enduring Powers of Attorney Regulations (Northern Ireland) 1989
3 
In the marginal notes to Part B of the Schedule (Prescribed Form)—
(a) after “married” insert “or in a civil partnership”; and
(b) for “husband or wife” substitute “spouse or civil partner”.
The Adoption Agencies Regulations (Northern Ireland) 1989
4 

(1) In Part III of the Schedule (PARTICULARS RELATING TO EACH NATURAL PARENT, INCLUDING WHERE APPROPRIATE THE FATHER OF AN ILLEGITIMATE CHILD), for paragraph 2 substitute—“
2. 
Marital or civil partnership status and date and place of marriage or civil partnership (if any).”.
(2) In Part VI of the Schedule (PARTICULARS RELATING TO THE PROSPECTIVE ADOPTER), for paragraph 3 substitute—“
3. 
Marital or civil partnership status and the date and place of marriage or civil partnership (if any) and comments on stability of relationship.”.
(3) In Part VII of the Schedule (MATTERS TO BE COVERED IN REPORT ON HEALTH OF THE PROSPECTIVE ADOPTER), for paragraph 3 substitute—“
3. 
Marital or civil partnership history including (if applicable) reasons for inability to have children.”.
Burial Grounds Regulations (Northern Ireland) 1992
5 
In the definition of “relative” in paragraph 20(1) (interpretation) of Schedule 2, for “husband or wife” substitute “spouse or civil partner”.
Trade Union (Nominations) Regulations (Northern Ireland) 1992
6 

(1) In regulation 2(6) (Power to make nominations), for “husband, wife” substitute “spouse or civil partner”.
(2) In regulation 3(1) (Revocation of nominations), for sub-paragraph (c), substitute—“
(c) by the formation of a subsequent marriage or civil partnership by the nominator.”
(3) In regulation 3(2)—
(a) for “marriage of the nominator” substitute “formation of a subsequent marriage or civil partnership by the nominator”; and
(b) after “that marriage” insert “or civil partnership”.
Definition of Independent Visitors (Children) Regulations (Northern Ireland) 1996
7 
In regulation 2 (Independent visitors), in paragraphs (a) and (b) after “spouse” in both places where it occurs, insert “or civil partner”.
The Representations Procedure (Children) Regulations (Northern Ireland) 1996
8 

(1) In the definition of “independent person” in regulation 1(2) (Citation, commencement and interpretation), after “spouse” insert “or civil partner”.
(2) In regulation 10(1)(c) (Application to voluntary organisations and registered children’s homes), after “spouse” insert “or civil partner”.
The Placement of Children with Parents etc. Regulations (Northern Ireland) 1996
9 
In paragraph 1(d) of Schedule 1 (Particulars to be taken into account in considering suitability of persons and households), after “marital” insert “or civil partnership” and after “marriage” insert “or civil partnership”.
Registration of Clubs (Accounts) Regulations (Northern Ireland) 1997
10 
For the definition of “relative” in regulation 1(2) (Citation, commencement and interpretation) substitute—“
 “relative” means spouse or civil partner, brother or sister (whether of the whole or half blood), parent or child and includes those connected by consanguinity, marriage or civil partnership, step relations and relations by adoption.”.
The Domestic Energy Efficiency Grants Regulations (Northern Ireland) 2002
11 

(1) In regulation 2 (Interpretation), for the definition of “spouse” substitute ““spouse” or “civil partner” includes a person with whom the applicant lives as his spouse or as if they were civil partners”.
(2) In regulation 4 (Persons who may apply for a grant), in paragraphs (1) and (2) after “spouse” in each place where it occurs insert “or civil partner”.
Paternity and Adoption Leave Regulations (Northern Ireland) 2002
12 

(1) In regulation 4 (Entitlement to paternity leave: birth)—
(a) in paragraph (2)(b)(ii), after “married to” insert “, the civil partner”; and
(b) in paragraph (2)(c)(ii), after “mother’s husband” insert “, civil partner”.
(2) In regulation 8(2)(b) (Entitlement to paternity leave: adoption), after “married to” insert “, the civil partner”.
Statutory Paternity Pay and Statutory Adoption Pay (General) Regulations (Northern Ireland) 2002
13 
In regulation 11(1)(a) (Conditions of entitlement to statutory paternity pay (adoption): relationship with child and with person with whom the child is placed for adoption), after “married to” insert “, the civil partner”.
Statutory Paternity Pay and Statutory Adoption Pay (Administration) Regulations (Northern Ireland) 2002
14 
In regulation 14(2)(b) (Provision of information), after “spouse” insert “, civil partner”.
Flexible Working (Eligibility, Complaints and Remedies) Regulations (Northern Ireland) 2003
15 
In regulation 3(1)(b)(ii) (Entitlement to request contract variation), after “married to” insert “, the civil partner”.
Paternity and Adoption Leave (Adoption from Overseas) Regulations (Northern Ireland) 2003
16 

(1) For regulation 5(2) (Application) substitute—“
(2) For paragraphs (1) and (2), substitute—“
(1) The provisions relating to adoption leave under regulation 15 have effect only where the adopter’s child enters Northern Ireland on or after 9th April 2003.
(2) The provisions relating to paternity leave under regulation 8 have effect only in relation to a person who is married to or is the civil partner or partner of an adopter whose child enters Northern Ireland on or after 9th April 2003.”.”
(2) In regulation 7 (Entitlement to paternity leave: adoption from overseas)—
(a) for substituted regulation 8(2)(c) (Entitlement to paternity leave) substitute—“
(c) the employee is either married to or is the civil partner or the partner of the child’s adopter, and”;
(b) for substituted regulation 10(3) (Notice and evidential requirements for leave under regulation 8) substitute—“
(3) Where the employer requests it, an employee must give his employer, within 14 days of receipt of a request, a written declaration, signed by the employee, to the effect that his partner, spouse or civil partner has received an official notification and that he satisfies the conditions of entitlement in regulation 8(2)(c) and (d).”
Statutory Paternity Pay (Adoption) and Statutory Adoption Pay (Adoption from Overseas) Regulations (Northern Ireland) 2003
17 
For regulation 5(1)(a) (Conditions of entitlement to statutory paternity pay (adoption) in respect of adoptions from overseas: relationship with child and with adopter), substitute—“
(a) is married to or is the civil partner or the partner of a child’s adopter, and”
Employment Equality (Sexual Orientation) Regulations (Northern Ireland) 2003
18 

(1) After regulation 3(2) (Discrimination on grounds of sexual orientation) insert—“
(3) For the purposes of paragraph (2), in a comparison of B’s case with that of another person the fact that one of the persons (whether B or not) is a civil partner while the other is married shall not be treated as a material difference between their respective circumstances.”.
(2) For regulation 28 (Exception for benefits dependent on marital status), substitute—“
Exception for benefits dependent on a person’s status
28. 
Nothing in Part II or III shall render unlawful—
(a) anything which prevents or restricts access to a benefit by reference to marital status where the right to the benefit accrued or the benefit is payable in respect of periods of service prior to the coming into force of the Civil Partnership Act 2004;
(b) the conferring of a benefit on married persons and civil partners to the exclusion of all other persons.”.
The Housing Renewal Grants (Reduction of Grant) Regulations (Northern Ireland) 2004
19 

(1) In regulation 2(1) (Interpretation)—
(a) for the definition of “close relative”, substitute—“
 “close relative” means a parent, parent-in-law, son, son-in-law, daughter, daughter-in-law, step-parent, step-son, step-daughter, brother, sister or if any of the preceding persons is one of a couple, the other member of that couple;”;
(b) after the definition of “concessionary payment”, insert—“
 “couple” means—
(a) a man and woman who are married to each other and are members of the same household;
(b) a man and woman who are not married to each other but are living together as husband and wife;
(c) two people of the same sex who are civil partners of each other and are members of the same household; or
(d) two people of the same sex who are not civil partners of each other but are living together as if they were civil partners;”;
(c) for the definition of “family”, substitute—“
 “family” means—
(a) a couple;
(b) a couple and a member of the same household for whom one of the couple is, or both are, responsible, and who is a child or young person;
(c) a person who is not a member of a couple and a member of the same household for whom that person is responsible and who is a child or young person;”;
(d) omit the definitions of “married couple”, “member of a couple” and “unmarried couple”;
(e) in the definition of “partner”, delete “married or unmarried”.
(2) For regulation 11(2)(b)(ii) (The applicable amount), substitute—“
(ii) those relevant persons who are members of a couple, the other member of which is in receipt of guarantee credit,”
(3) In the definition of “contribution” in regulation 42 (Interpretation), after “spouse” insert “or civil partner”.
(4) In paragraph 10(b) (Bereavement Premium) of Schedule 1 (APPLICABLE AMOUNTS), after “spouse” insert “or civil partner”.
(5) For paragraph 12(b) of Schedule 2 (SUMS TO BE DISREGARDED IN THE DETERMINATION OF EARNINGS), substitute—“
(b) is a member of a couple and the other member of that couple is in receipt of guarantee credit, his earnings.”.
(6) In Schedule 3 (SUMS TO BE DISREGARDED IN THE DETERMINATION OF INCOME OTHER THAN EARNINGS)—
(a) for paragraph 4(b), substitute—“
(b) is a member of a couple and the other member of that couple is in receipt of guarantee credit,”;
(b) in paragraph 13, after “widower's” insert “or surviving civil partner's”;
(c) in paragraph 14(b), after “widower's” insert “or surviving civil partner's”;
(d) in paragraph 35, after “divorced” in each place where it occurs insert “or whose civil partnership with the relevant person has been dissolved”.
(7) In Schedule 4 (CAPITAL TO BE DISREGARDED)—
(a) in paragraphs 5 and 24, after “divorced” in each place where it occurs insert “or whose civil partnership with the relevant person has been dissolved”;
(b) for paragraph 6(b), substitute—“
(b) is a member of a couple and the other member of that couple is in receipt of guarantee credit,”;
(c) in paragraph 25(1), after “former partner” insert “or the dissolution of his civil partnership with his former partner”;
(d) in paragraph 52, after “spouse” in both places where it occurs insert “civil partner”;
(e) in paragraph 56, after “spouse” in both places where it occurs insert “or civil partner”.
The Personal Social Services and Children’s Services (Direct Payments) Regulations (Northern Ireland) 2004
20 
In regulation 7(2) (Conditions in respect of direct payments), after “spouse” in each place where it occurs insert “or civil partner”.
Limited Liability Partnership Regulations (Northern Ireland) 2004
21 
In Schedule 3 (MODIFICATIONS TO THE 1989 ORDER), in the modification relating to Article 4, new paragraph (3A) of the Insolvency (Northern Ireland) Order 1989 (“associate”), after “wife” insert “or civil partner”.