Legge inglese sulla Partnership registrata tra persone dello stesso sesso

http://www.opsi.gov.uk/acts/acts2004/20040033.htm#aofs

CONTENTS

PART 1
INTRODUCTION

Section
1 Civil partnership

PART 2
CIVIL PARTNERSHIP: ENGLAND AND WALES
CHAPTER 1
REGISTRATION

Formation, eligibility and parental etc. consent

2 Formation of civil partnership by registration
3 Eligibility
4 Parental etc. consent where proposed civil partner under 18

Registration procedure: general

5 Types of pre-registration procedure
6 Place of registration
7 The civil partnership document

The standard procedure

8 Notice of proposed civil partnership and declaration
9 Power to require evidence of name etc.
10 Proposed civil partnership to be publicised
11 Meaning of “the waiting period”
12 Power to shorten the waiting period
13 Objection to proposed civil partnership
14 Issue of civil partnership schedule
15 Appeal against refusal to issue civil partnership schedule
16 Frivolous objections and representations: liability for costs etc.
17 Period during which registration may take place

The procedures for house-bound and detained persons

18 House-bound persons
19 Detained persons

Modified procedures for certain non-residents

20 Modified procedures for certain non-residents

The special procedure

21 Notice of proposed civil partnership
22 Evidence to be produced
23 Application to be reported to Registrar General
24 Objection to issue of Registrar General’s licence
25 Issue of Registrar General’s licence
26 Frivolous objections: liability for costs
27 Period during which registration may take place

Supplementary

28 Registration authorities
29 Civil partnership registrars
30 The Registrar General and the register
31 Offences relating to civil partnership schedule
32 Offences relating to Registrar General’s licence
33 Offences relating to the recording of civil partnerships
34 Fees
35 Power to assimilate provisions relating to civil registration
36 Regulations and orders

CHAPTER 2
DISSOLUTION, NULLITY AND OTHER PROCEEDINGS
Introduction

37 Powers to make orders and effect of orders
38 The period before conditional orders may be made final
39 Intervention of the Queen’s Proctor
40 Proceedings before order has been made final
41 Time bar on applications for dissolution orders
42 Attempts at reconciliation of civil partners
43 Consideration by the court of certain agreements or arrangements

Dissolution of civil partnership

44 Dissolution of civil partnership which has broken down irretrievably
45 Supplemental provisions as to facts raising presumption of breakdown
46 Dissolution order not precluded by previous separation order etc.
47 Refusal of dissolution in 5 year separation cases on ground of grave hardship
48 Proceedings before order made final: protection for respondent in separation cases

Nullity

49 Grounds on which civil partnership is void
50 Grounds on which civil partnership is voidable
51 Bars to relief where civil partnership is voidable
52 Proof of certain matters not necessary to validity of civil partnership
53 Power to validate civil partnership
54 Validity of civil partnerships registered outside England and Wales

Presumption of death orders

55 Presumption of death orders

Separation orders

56 Separation orders
57 Effect of separation order

Declarations

58 Declarations
59 General provisions as to making and effect of declarations
60 The Attorney General and proceedings for declarations
61 Supplementary provisions as to declarations

General provisions

62 Relief for respondent in dissolution proceedings
63 Restrictions on making of orders affecting children
64 Parties to proceedings under this Chapter

CHAPTER 3
PROPERTY AND FINANCIAL ARRANGEMENTS

65 Contribution by civil partner to property improvement
66 Disputes between civil partners about property
67 Applications under section 66 where property not in possession etc.
68 Applications under section 66 by former civil partners
69 Actions in tort between civil partners
70 Assurance policy by civil partner for benefit of other civil partner etc.
71 Wills, administration of estates and family provision
72 Financial relief for civil partners and children of family

CHAPTER 4
CIVIL PARTNERSHIP AGREEMENTS

73 Civil partnership agreements unenforceable
74 Property where civil partnership agreement is terminated

CHAPTER 5
CHILDREN

75 Parental responsibility, children of the family and relatives
76 Guardianship
77 Entitlement to apply for residence or contact order
78 Financial provision for children
79 Adoption

CHAPTER 6
MISCELLANEOUS

80 False statements etc. with reference to civil partnerships
81 Housing and tenancies
82 Family homes and domestic violence
83 Fatal accidents claims
84 Evidence

PART 3
CIVIL PARTNERSHIP: SCOTLAND
CHAPTER 1
FORMATION AND ELIGIBILITY

85 Formation of civil partnership by registration
86 Eligibility

CHAPTER 2
REGISTRATION

87 Appointment of authorised registrars
88 Notice of proposed civil partnership
89 Civil partnership notice book
90 Publicisation
91 Early registration
92 Objections to registration
93 Place of registration
94 The civil partnership schedule
95 Further provision as to registration
96 Civil partnership with former spouse
97 Certificates of no impediment for Part 2 purposes
98 Application of certain sections of 1965 Act to civil partnership register
99 Correction of errors in civil partnership register

100 Offences

CHAPTER 3
OCCUPANCY RIGHTS AND TENANCIES
Occupancy rights

101 Occupancy rights
102 Occupancy: subsidiary and consequential rights
103 Regulation by court of rights of occupancy of family home
104 Exclusion orders
105 Duration of orders under sections 103 and 104
106 Continued exercise of occupancy rights after dealing
107 Dispensation with civil partner’s consent to dealing
108 Interests of heritable creditors
109 Provisions where both civil partners have title
110 Rights of occupancy in relation to division and sale
111 Adjudication

Transfer of tenancy

112 Transfer of tenancy

CHAPTER 4
INTERDICTS

113 Civil partners: competency of interdict
114 Attachment of powers of arrest to relevant interdicts
115 Police powers after arrest
116 Procedure after arrest

CHAPTER 5
DISSOLUTION, SEPARATION AND NULLITY

Dissolution and separation

117 Dissolution
118 Encouragement of reconciliation
119 Effect of resumption of cohabitation
120 Separation
121 Dissolution following on decree of separation
122 Registration of dissolution of civil partnership

Nullity

123 Nullity
124 Validity of civil partnerships registered outside Scotland

Financial provision after overseas proceedings

125 Financial provision after overseas dissolution or annulment

CHAPTER 6
MISCELLANEOUS AND INTERPRETATION
Miscellaneous

126 Regulations
127 Attachment
128 Promise or agreement to enter into civil partnership
129 Lord Advocate as party to action for nullity or dissolution of civil partnership
130 Civil partner of accused a competent witness
131 Succession: legal rights arising by virtue of civil partnership
132 Assurance policies
133 Council Tax: liability of civil partners
134 General provisions as to fees

Interpretation

135 Interpretation of this Part
136 The expression “relative” in the 1965 Act

PART 4
CIVIL PARTNERSHIP: NORTHERN IRELAND
CHAPTER 1
REGISTRATION

Formation and eligibility

137 Formation of civil partnership by registration
138 Eligibility

Preliminaries to registration

139 Notice of proposed civil partnership
140 Civil partnership notice book and list of intended civil partnerships
141 Power to require evidence of name etc.
142 Objections
143 Civil partnership schedule
144 Place of registration

Young persons

145 Parental etc. consent where proposed civil partner under 18

Supplementary

146 Validity of registration
147 Corrections and cancellations
148 Interpreters
149 Detained persons
150 Certificates of no impediment for Part 2 purposes
151 Registration districts and registration authorities
152 Registrars and other staff
153 Records and documents to be sent to Registrar General
154 Annual report
155 Searches
156 Proof of civil partnership for purposes of certain statutory provisions
157 Fees
158 Offences
159 Regulations
160 Interpretation

CHAPTER 2
DISSOLUTION, NULLITY AND OTHER PROCEEDINGS
Introduction

161 Powers to make orders and effect of orders
162 The period before conditional orders may be made final
163 Intervention by the Crown Solicitor
164 Proceedings before order has been made final
165 Time bar on applications for dissolution orders
166 Attempts at reconciliation of civil partners
167 Consideration by the court of certain agreements or arrangements

Dissolution of civil partnership

168 Dissolution of civil partnership which has broken down irretrievably
169 Supplemental provisions as to facts raising presumption of breakdown
170 Dissolution order not precluded by previous separation order etc.
171 Refusal of dissolution in 5 year separation cases on ground of grave hardship
172 Proceedings before order made final: protection for respondent in separation cases

Nullity

173 Grounds on which civil partnership is void
174 Grounds on which civil partnership is voidable
175 Bars to relief where civil partnership is voidable
176 Proof of certain matters not necessary to validity of civil partnership
177 Validity of civil partnerships registered outside Northern Ireland

Presumption of death orders

178 Presumption of death orders

Separation orders

179 Separation orders
180 Effect of separation order

Declarations

181 Declarations
182 General provisions as to making and effect of declarations
183 The Attorney General and proceedings for declarations
184 Supplementary provisions as to declarations

General provisions

185 Relief for respondent in dissolution proceedings
186 Restrictions on making of orders affecting children
187 Parties to proceedings under this Chapter

The court

188 The court
189 Appeals
190 Transfer of proceedings

CHAPTER 3
PROPERTY AND FINANCIAL ARRANGEMENTS

191 Disputes between civil partners about property
192 Applications under section 191 where property not in possession etc.
193 Applications under section 191 by former civil partners
194 Assurance policy by civil partner for benefit of other civil partner etc.
195 Wills, administration of estates and family provision
196 Financial relief for civil partners and children of family

CHAPTER 4
CIVIL PARTNERSHIP AGREEMENTS

197 Civil partnership agreements unenforceable
198 Property where civil partnership agreement is terminated

CHAPTER 5
CHILDREN

199 Parental responsibility, children of the family and relatives
200 Guardianship
201 Entitlement to apply for residence or contact order
202 Financial provision for children
203 Adoption

CHAPTER 6
MISCELLANEOUS

204 False statements etc. with reference to civil partnerships
205 Housing and tenancies
206 Family homes and domestic violence
207 Fatal accidents claims
208 Evidence
209 Restriction on publicity of reports of proceedings

PART 5
CIVIL PARTNERSHIP FORMED OR DISSOLVED ABROAD ETC.
CHAPTER 1
REGISTRATION OUTSIDE UK UNDER ORDER IN COUNCIL

210 Registration at British consulates etc.
211 Registration by armed forces personnel

CHAPTER 2
OVERSEAS RELATIONSHIPS TREATED AS CIVIL PARTNERSHIPS

212 Meaning of “overseas relationship”
213 Specified relationships
214 The general conditions
215 Overseas relationships treated as civil partnerships: the general rule
216 The same-sex requirement
217 Person domiciled in a part of the United Kingdom
218 The public policy exception

CHAPTER 3
DISSOLUTION ETC.: JURISDICTION AND RECOGNITION

Introduction

219 Power to make provision corresponding to EC Regulation 2201/2003

Jurisdiction of courts in England and Wales

220 Meaning of “the court”
221 Proceedings for dissolution, separation or nullity order
222 Proceedings for presumption of death order
223 Proceedings for dissolution, nullity or separation order: supplementary
224 Applications for declarations as to validity etc.

Jurisdiction of Scottish courts

225 Jurisdiction of Scottish courts
226 Sisting of proceedings
227 Scottish ancillary and collateral orders

Jurisdiction of courts in Northern Ireland

228 Meaning of “the court”
229 Proceedings for dissolution, separation or nullity order
230 Proceedings for presumption of death order
231 Proceedings for dissolution, nullity or separation order: supplementary
232 Applications for declarations as to validity etc.

Recognition of dissolution, annulment and separation

233 Effect of dissolution, annulment or separation obtained in the UK
234 Recognition in the UK of overseas dissolution, annulment or separation
235 Grounds for recognition
236 Refusal of recognition
237 Supplementary provisions relating to recognition of dissolution etc.
238 Non-recognition elsewhere of dissolution or annulment

CHAPTER 4
MISCELLANEOUS AND SUPPLEMENTARY

239 Commanding officers’ certificates for Part 2 purposes
240 Certificates of no impediment to overseas relationships
241 Transmission of certificates of registration of overseas relationships
242 Power to make provision relating to certain Commonwealth forces
243 Fees
244 Orders in Council: supplementary
245 Interpretation

PART 6
RELATIONSHIPS ARISING THROUGH CIVIL PARTNERSHIP

246 Interpretation of statutory references to stepchildren etc.
247 Provisions to which section 246 applies: Acts of Parliament etc.
248 Provisions to which section 246 applies: Northern Ireland

PART 7
MISCELLANEOUS

249 Immigration control and formation of civil partnerships
250 Gender recognition where applicant a civil partner
251 Discrimination against civil partners in employment field
252 Discrimination against civil partners in employment field: Northern Ireland
253 Civil partners to have unlimited insurable interest in each other
254 Social security, child support and tax credits
255 Power to amend enactments relating to pensions
256 Amendment of certain enactments relating to pensions
257 Amendment of certain enactments relating to the armed forces

PART 8
SUPPLEMENTARY

258 Regulations and orders
259 Power to make further provision in connection with civil partnership
260 Community obligations and civil partners
261 Minor and consequential amendments, repeals and revocations
262 Extent
263 Commencement
264 Short title