| 词条 | Civil Partnership Act 2004 |
| 释义 |
| short_title = Civil Partnership Act 2004[1] | parliament = Parliament of the United Kingdom | long_title = An Act to make provision for and in connection with civil partnership. | statute_book_chapter = 2004 c. 33[2] | introduced_by = | territorial_extent = United Kingdom | royal_assent = 18 November 2004[2] | commencement = 5 December 2005 | repeal_date = | amendments = | related_legislation = | repealing_legislation = | status = Amended | original_text = http://www.legislation.gov.uk/ukpga/2004/33/enacted | revised_text = http://www.legislation.gov.uk/ukpga/2004/33 }} The Civil Partnership Act 2004 (c 33) is an Act of the Parliament of the United Kingdom. The Bill for this Act was introduced by the Labour government and supported by the Conservative and Liberal Democrat opposition. The Act grants civil partnerships in the United Kingdom with rights and responsibilities very similar to civil marriage. Civil Partners are entitled to the same property rights as married couples, the same exemption as married couples social security and pension benefits, and also the ability to get parental responsibility for a partner's children,[3] as well as responsibility for reasonable maintenance of one's partner and their children, tenancy rights, full life insurance recognition, next-of-kin rights in hospitals, and others.[4] There is a formal process for dissolving partnerships akin to divorce. Schedule 20Schedule 20 recognises certain overseas unions as equivalent to civil partnerships under the laws of the United Kingdom. Same-sex couples who have entered into those unions are automatically recognised in the United Kingdom as civil partners. In England and Wales, overseas marriages (but not other types of relationship) are automatically recognised as marriages by the Marriage (Same Sex Couples) Act 2013; the same is true in Scotland by the Marriage and Civil Partnership (Scotland) Act 2014. Schedule 20 is subject to adjustment, and additional overseas relationships may be added as more jurisdictions across the world bring in civil partnership or same-sex marriage legislation. On 5 December 2005, the original schedule of the 2004 act was amended to include several other countries and states.[5] On 31 January 2013, a further 50 types of overseas relationship were added to the schedule.[6][7] Relationships not specified in the schedule may also recognised as civil partnerships if they meet the conditions of Section 214 of the Act, therefore many of the unions listed below as not listed in Schedule 20 may nonetheless be recognised. Overseas relationships recognised under Schedule 20, as amended
Notes{{notelist|group=recog}}Unions adopted since Schedule 20 last amendedThe following unions were created after Schedule 20 was last updated:
Legislative passageThe Act was announced in the Queen's Speech at the start of the 2003/2004 legislative session, and its full text was revealed on 31 March 2004. It received Royal Assent on 18 November 2004 and came into force on 5 December 2005, allowing the first couples to form civil partnerships 15 days later. Confusion regarding the interpretation of the Act led to registrations being accepted from 19 December in Northern Ireland, 20 December in Scotland and 21 December in England and Wales. The Scottish Parliament voted in favour of a Legislative Consent Motion allowing Westminster to legislate for Scotland in this Act. Political opposition and supportThe Bill was backed by the Labour Party, the Liberal Democrats, Plaid Cymru, the SNP and the SDLP. It was opposed by the DUP and the UUP.[8][10] Conservative Party MPs were split on the issue,[11] and the party leadership did not issue a whip mandating MPs to take a particular stance on the Bill, instead allowing its MPs a free vote.[9] This decision was described by some in the British media as an attempt to demonstrate a shift to a more inclusive, centrist approach under the leadership of Michael Howard, and as a departure from the alleged active opposition to LGBT Rights under the leadership of Iain Duncan Smith.[10] As party leader, Duncan Smith had imposed a three line whip against the Adoption and Children Bill, mandating all Conservative MPs to vote against extending adoption rights to same-sex couples.[11] Conservative MPs split 67 in favour to 37 against at the second reading, and 43 in favour to 39 against at the third reading. High-profile Conservative MPs who voted against the Civil Partnerships Bill included Iain Duncan Smith, Ann Widdecombe, Bob Spink and Peter Lilley. Those who voted in favour included David Cameron, George Osborne and party leader Michael Howard. Around 30 Conservative MPs did not participate in any of the votes.[12] AmendmentsAn amendment tabled by Conservative MP Edward Leigh proposed to extend the property and pension rights afforded by civil partnerships to siblings who had lived together for more than 12 years. This was opposed by many backers of the bill, such as frontbench Conservative MP Alan Duncan, who considered it a wrecking amendment.[13][14] Leigh himself was an opponent of the Civil Partnerships bill, and voted against it at the second reading.[12] The amendment was backed by Norman Tebbit and the Christian Institute, which paid for a full page advert in favour of the amendment in The Times newspaper.[15] Labour and the Liberal Democrats issued a whip against the Leigh Amendment, and only two MPs from each party rebelled to vote in favour of it.[12] On 24 June 2004, during the discussion at the report stage in the House of Lords, Conservative peer Baroness O'Cathain moved an amendment to extend eligibility for civil partnership to blood relatives who had lived together for a minimum period of time. This amendment was passed in the Lords by 148 to 130, a majority of 18.[16] Like the Leigh amendment, opponents considered the O'Cathain amendment to be a wrecking amendment, and like Leigh, O'Cathain herself voted against the Civil Partnerships Bill. Labour Peer Baron Alli, said the amendment was "ill-conceived and does nothing other than undermine the purpose of the bill",[16] while the gay rights group Stonewall said the amendment was "unworkable and undermined hundreds of years of family law".[17] The House of Commons later removed this amendment and sent the revised Bill back to the Lords for reconsideration. The Lords decided to accept the Commons version on 17 November and the Bill received Royal Assent the next day. Legal process to form a Civil Partnership in the UKIn order to form a civil partnership in the UK, both parties must be over the age of 16, of the same sex, not already in a civil partnership or marriage, and not be within the prohibited degrees of relationship. If of the age of 16 or 17, the consent of the individual's parent or guardian will be required, except in Scotland, where marriages and civil partnerships can take place from the age of 16 with no need for parental consent. In order to complete the registration process, the couple must each give notice of their intention to the registry office. After 15 days they can complete the registration process. The couple can also enjoy a ceremony if they choose but this is not a requirement of the Act. The first date on which notice could be given was 5 December 2005 and the first registration was on 21 December 2005. The 15-day notice period allows the registrar to check that the couple is eligible to go ahead with the registration.[18] Expansion of civil partnerships to opposite-sex couplesIn June 2018, the Supreme Court ruled in the Steinfeld-Keidan case that restricting civil partnerships to same-sex couples was discriminatory and mandated that the Government change the law, though did not set a timeline for doing so.[19] In response, the Prime Minister announced in October 2018 that civil partnerships would be opened to heterosexual couples.[20] Legislation that requires the Secretary of State to issue regulations amending the Civil Partnership Act, so that opposite-sex couples may enter into civil partnerships, passed the Parliament on 15 March and received royal assent on 26 March 2019.[21][22] The legislation comes into effect on 26 May 2019.[23] This expansion of civil partnerships to opposite-sex couples applies only in England and Wales, and not in Scotland or Northern Ireland.[22] See also{{Portal|LGBT|United Kingdom}}
References1. ^The citation of this Act by this short title is authorised by section 264 of this Act. 2. ^1 {{cite web |url=http://www.legislation.gov.uk/ukpga/2004/33 |title=Civil Partnership Act 2004 |date=18 November 2004 |accessdate=8 December 2012}} 3. ^{{cite news |date=31 March 2004 |url=http://news.bbc.co.uk/1/hi/uk_politics/3584285.stm |title=Gay couples to get joint rights |publisher=BBC News | accessdate=14 May 2006}} 4. ^Rights and Responsibilities on the Directgov website {{webarchive|url=https://web.archive.org/web/20080518104801/http://www.direct.gov.uk/en/RightsAndResponsibilities/DG_10026937 |date=18 May 2008 }} 5. ^Text of the 2005 Statutory Instrument 6. ^{{cite press release |title=More overseas same-sex partnerships recognised in UK law |year=2012 |publisher=Department for Culture, Media and Sport |url=http://www.culture.gov.uk/news/news_stories/9573.aspx |accessdate=5 February 2013}} 7. ^The Civil Partnership Act 2004 (Overseas Relationships) Order 2012 8. ^{{cite web |url=http://www.christian.org.uk/issues/archive_html/civilpartnerships/commons2rvote/votebreakdown.html |title=Civil Partnerships – Vote Breakdown |accessdate=13 January 2010 |publisher=The Christian Institute |archiveurl=https://www.webcitation.org/5mk1tPgcP?url=http://www.christian.org.uk/issues/archive_html/civilpartnerships/commons2rvote/votebreakdown.html |archivedate=13 January 2010 |deadurl=yes |df=dmy}} 9. ^{{cite news |first= |last= |authorlink= |title=Bill breakdown: The Civil Partnerships Bill |date=9 November 2004 |publisher= |url=http://news.bbc.co.uk/1/hi/programmes/bbc_parliament/3996035.stm |work=BBC News |pages= |accessdate=13 January 2010 |language=}} 10. ^{{cite web |url=https://www.independent.co.uk/news/uk/politics/tories-get-free-vote-on-gaypartnership-rights-542434.html |title=Tories get free vote on gay-partnership rights |accessdate=13 January 2010 |last=Waugh |first=Paul |date=1 July 2003 |work=The Independent |archiveurl=https://www.webcitation.org/5mk5NYf8E?url=http://www.independent.co.uk/news/uk/politics/tories-get-free-vote-on-gaypartnership-rights-542434.html |archivedate=13 January 2010 |deadurl=yes |df=dmy}} 11. ^{{cite web |url=https://www.independent.co.uk/news/uk/politics/how-a-tactical-error-by-duncan-smith-led-to-a-bad-call-608593.html |title=How a tactical error by Duncan Smith led to a bad call |accessdate=13 January 2010 |last=Waugh |first=Paul |date=5 November 2002 |work=The Independent |archiveurl=https://www.webcitation.org/5mk3OjHBj?url=http://www.independent.co.uk/news/uk/politics/how-a-tactical-error-by-duncan-smith-led-to-a-bad-call-608593.html |archivedate=13 January 2010 |deadurl=yes |df=dmy}} 12. ^1 2 3 {{cite web |url=http://www.revolts.co.uk/Civil%20Partnerships.pdf |title=Some not very civil disagreements: The Conservatives and the Civil Partnership Bill |accessdate=13 January 2010 |last=Cowley |first=Philip |author2=Stuart, Mark |date=10 November 2004 |format=PDF |publisher=Revolts.co.uk |archiveurl=https://www.webcitation.org/5mk4TAeRV?url=http://www.revolts.co.uk/Civil%20Partnerships.pdf |archivedate=13 January 2010 |deadurl=yes |df=dmy}} 13. ^1 {{cite web |url=http://www.epolitix.com/latestnews/article-detail/newsarticle/conservatives-split-on-civil-partnerships/?no_cache=1 |title=Conservatives split on civil partnerships |accessdate=13 January 2010 |last=Davie |first=Edward |date=9 November 2004 |publisher=ePolitix.com |archiveurl=https://web.archive.org/web/20110604180419/http://www.epolitix.com/latestnews/article-detail/newsarticle/conservatives-split-on-civil-partnerships/?no_cache=1 |archivedate=4 June 2011 |deadurl=yes |df=dmy}} 14. ^{{cite web |url=http://www.changingattitude.org.uk/news/newsitem.asp?id=72 |title=Civil Partnership bill wrecking amendment defeated |accessdate=13 January 2010 |last=Coward |first=Colin |date=9 November 2004 |publisher=Changing Attitude |archiveurl=https://www.webcitation.org/5mk2Y1M3W?url=http://www.changingattitude.org.uk/news/newsitem.asp?id=72 |archivedate=13 January 2010 |deadurl=yes |df=}} 15. ^{{cite web |url=http://news.bbc.co.uk/1/hi/uk_politics/3996819.stm |title=Sibling partnership call rejected |accessdate=13 January 2010 |date=9 November 2004 |publisher=BBC |archiveurl=https://www.webcitation.org/5mk2nzJSM?url=http://news.bbc.co.uk/2/hi/uk_news/politics/3996819.stm |archivedate=13 January 2010 |deadurl=yes |df=dmy}} 16. ^1 {{cite web |url=https://www.theguardian.com/politics/2004/jun/24/immigrationpolicy.gayrights |title=Lords set back civil partnerships bill |accessdate=13 January 2010 |last=Tempest |first=Matthew |date=24 June 2004 |work=The Guardian |archiveurl=https://www.webcitation.org/5mk7IsDvq?url=http://www.guardian.co.uk/politics/2004/jun/24/immigrationpolicy.gayrights |archivedate=13 January 2010 |deadurl=yes |df=dmy}} 17. ^{{cite web |url=http://www.stonewall.org.uk/at_home/civil_partnership/2622.asp |title=The Civil Partnership Act |accessdate=13 January 2010 |publisher=Stonewall |archiveurl=https://www.webcitation.org/5mk6pqXNk?url=http://www.stonewall.org.uk/at_home/civil_partnership/2622.asp |archivedate=13 January 2010 |deadurl=yes |df=dmy}} 18. ^{{cite news |date=27 April 2005 |url=http://www.furleypage.co.uk/news-events/law-updates/civil-partnership/ |title=Civil Partnership Law Update |publisher=Furley Page |accessdate=10 June 2011}} 19. ^{{cite news|url=//www.theguardian.com/lifeandstyle/2018/jun/27/uk-ban-on-heterosexual-civil-partnerships-ruled-discriminatory|newspaper=The Guardian|title=Ban on heterosexual civil partnerships in UK ruled discriminatory |first=Owen|last=Boycott|date=27 June 2018|accessdate=4 January 2019}} 20. ^{{cite news|url=//www.theguardian.com/uk-news/2018/oct/02/civil-partnerships-to-be-opened-to-heterosexual-couples|newspaper=The Guardian|title=Civil partnerships to be opened to heterosexual couples|last=Boycott|first=Owen|last2=Carrell|first2=Severin|date=2 October 2018|accessdate=4 January 2019}} 21. ^{{cite web|url=https://services.parliament.uk/bills/2017-19/civilpartnershipsmarriagesanddeathsregistrationetc.html|title=Civil Partnerships, Marriages and Deaths (Registration etc) Act 2019|work=Parliament of the United Kingdom|accessdate=1 April 2019}} 22. ^1 {{cite web|url=https://www.telegraph.co.uk/tax/news/opposite-sex-couples-granted-right-civil-partnerships-190k/|title=Opposite sex couples granted right to civil partnerships – and £190k perks|work=The Telegraph|date=15 March 2019}} 23. ^{{cite web|url=https://www.parliament.uk/business/news/2019/march/royal-assent-civil-partnerships-marriages-and-deaths-registration-etc-bill-signed-into-law/|title=Civil Partnerships, Marriages and Deaths (Registration etc) Bill signed into law|work=Parliament of the United Kingdom News Service|accessdate=1 April 2019}} Further reading
External links
Drafts of the Act
6 : United Kingdom Acts of Parliament 2004|LGBT history in the United Kingdom|LGBT law in the United Kingdom|2004 in LGBT history|Same-sex union legislation|Marriage, unions and partnerships in the United Kingdom |
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