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Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010

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SCHEDULE

Consequential Amendments to Other Acts

PART 1

Conflicts of Interests Provisions

Section 97.

Item

Act

Provision

Amendment

1.

Companies Act 1963

Section 193(1)

substitute “himself or herself and to his or her spouse or civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010” for “himself and to his spouse”

2.

Companies Act 1963

Section 301A(4)(a) (inserted by section 147 of Companies Act 1990)

insert “civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010” after “spouse”

3.

Companies Act 1963

Section 315(1)(c) (substituted by section 170 of Companies Act 1990)

insert “, civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010” after “spouse”

4.

Housing (Private Rented Dwellings) (Amendment) Act 1983

Section 14(5)

(a) substitute “he or she or his or her spouse or civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010” for “he or his spouse” wherever it appears;

(b) substitute “any” for “either” in paragraph (b)

5.

Farm Tax Act 1985

Paragraph 14(2) of the Schedule

insert “or civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010” after “spouse” wherever it appears

6.

Building Societies Act 1989

Section 52

insert “or civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010” after “spouse” wherever it appears

7.

Building Societies Act 1989

Section 87(2)(e)

insert “or civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010” after “spouse” and “his spouse” wherever either of these expressions appear

8.

Trustee Savings Banks Act 1989

Section 21(5)

insert “or civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010” after “trustee’s spouse”

9.

Companies Act 1990

Section 72

(a) delete “family and corporate” from the shoulder note;

(b) substitute “his or her spouse or civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010” for “his spouse” in section 72(1)

10.

Companies Act 1990

Section 187

insert “, civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010” after “spouse” wherever it appears

11.

Ethics in Public Office Act 1995

Section 2(1)

insert the following definition:

“ ‘civil partner’, in relation to a person, means a civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 but does not include a civil partner who is living separately and apart from the person;”

12.

Ethics in Public Office Act 1995

Section 13(5)

insert “or civil partner” after “spouse” wherever it appears

13.

Ethics in Public Office Act 1995

Section 15(2)(b)

insert “or civil partner” after “spouse”

14.

Ethics in Public Office Act 1995

Section 15(2)(ii)

insert “or civil partner” after “relative”

15.

Ethics in Public Office Act 1995

Section 15(4)(a)(ii)

insert “or civil partner” after “spouse”

16.

Ethics in Public Office Act 1995

Section 16(1)(a)

(a) insert “or civil partner” after “actual knowledge of his or her spouse” in subparagraph (ii);

(b) substitute “spouse or civil partner or child a substantial benefit” for “spouse or child a substantial benefit”

17.

Ethics in Public Office Act 1995

Section 17(1)(a)

(a) insert “or civil partner” after “actual knowledge of his or her spouse” in subparagraph (ii);

(b) substitute “spouse or civil partner or child a substantial benefit” for “spouse or child a substantial benefit”

18.

Ethics in Public Office Act 1995

Section 18(1)(a)

(a) insert “or civil partner” after “actual knowledge of his or her spouse” in subparagraph (ii);

(b) substitute “spouse or civil partner or child a substantial benefit” for “spouse or child a substantial benefit”

19.

Ethics in Public Office Act 1995

Section 19(3)(a)(i)

(a) insert “or civil partner” after “actual knowledge of his or her spouse”;

(b) substitute “spouse or civil partner or child a substantial benefit” for “spouse or child a substantial benefit”

20.

Ethics in Public Office Act 1995

Section 29(2)

(a) substitute “applies or of the spouse or civil partner of such a person” for “applies or of the spouse of such a person” in paragraph (a);

(b) substitute “an interest of his or her spouse or civil partner” for “an interest of his or her spouse” in paragraph (c)(i)

21.

Ethics in Public Office Act 1995

Section 30

substitute “that his or her spouse or civil partner or a child” for “that his or her spouse or a child”

22.

Ethics in Public Office Act 1995

Paragraph 1 of the Second Schedule

(a) in subparagraph (4), substitute “private home of the person or of his or her spouse or civil partner,” for “private home of the person or of his or her spouse,”;

(b) in subparagraph (5) substitute “relative or civil partner or friend of the person or of his or her spouse or civil partner” for “relative or friend of the person or of his or her spouse” wherever it appears;

(c) in subparagraph (6)(b), substitute “relative or civil partner or friend of the person or of his or her spouse or civil partner” for “relative or friend of the person or of his or her spouse”

23.

Credit Union Act 1997

Section 35(10)

insert “or a civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010,” after “spouse”

24.

Credit Union Act 1997

Section 114(2)(b)

insert “, civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010,” after “spouse”

25.

Food Safety Authority of Ireland Act 1998

Paragraph (f) of definition of “interests” in section 41(7)

insert “or civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010” after “spouse”

26.

Planning and Development Act 2000

Section 148

insert “or civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010” after “spouse” wherever it appears

27.

Aviation Regulation Act 2001

Paragraph (d) of definition of “interests” in section 17(7)

insert “or civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010” after “spouse”

28.

Local Government Act 2001

Definition of “connected person” in section 166(1)

substitute “spouse or civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 of the person” for “spouse of the person”

29.

Local Government Act 2001

Section 175(g)(i)

substitute “relative or friend of the person or of his or her spouse or civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 or of a child of the person or his or her spouse for purely personal reasons only” for “relative or friend of the person or of his or her spouse or of a child of the person or his or her spouse for purely personal reasons only”

30.

Transport (Railway Infrastructure) Act 2001

Section 29(2)

insert “or civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010” after “connected relative” wherever it appears

31.

Valuation Act 2001

Paragraph 13 of Schedule 2

(a) insert “or civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010” after “spouse” in subparagraph (2) wherever it appears;

(b) substitute the following for the definition of “relative” in subparagraph (10):

“ ‘relative’, in relation to a person, means a brother, sister, parent, spouse, or civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010, of the person or a child of the person or of the spouse.”;

(c) insert the following subparagraph after subparagraph (11):

“(12) For the purposes of subparagraphs (2) and (9) of this paragraph, ‘civil partner’ in relation to a person, does not include a civil partner who is living separately and apart from the person.”.

32.

Gas (Interim) (Regulation) Act 2002

Paragraph (c) of definition of “interests” in section 9(7)

insert “or civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010” after “spouse”

33.

National Development Finance Agency Act 2002

Section 17(10)(a)

insert “or civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010” after “spouse”

34.

Sustainable Energy Act 2002

Section 18(2)

insert “or civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010” after “connected relative” wherever it appears

35.

Digital Hub Development Agency Act 2003

Paragraph (e) of definition of “interests” in section 24(5)

insert “or civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010” after “spouse”

36.

Industrial Development (Science Foundation Ireland) Act 2003

Section 16(2)

insert “or civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010” after “connected relative” wherever it appears

37.

Private Security Services Act 2004

Section 17(2)

insert “or civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010” after “connected relative” wherever it appears

38.

Grangegorman Development Agency Act 2005

Paragraph (e) of definition of “interests” in section 28(5)

insert “or civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010” after “spouse”

39.

Railway Safety Act 2005

Section 20(2)

insert “or civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010” after “connected relative” wherever it appears

40.

National Sports Campus Development Authority Act 2006

Section 16(2)

(a) insert “or civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010” after “connected relative” wherever it appears;

(b) substitute “any” for “either” in paragraph (a)

41.

Registration of Deeds and Title Act 2006

Section 14(2)

insert “or civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010” after “connected relative” wherever it appears

42.

Sea-Fisheries and Maritime Jurisdiction Act 2006

Section 57(2)

insert “or civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010” after “connected relative” wherever it appears

43.

Consumer Protection Act 2007

Section 25(2)

(a) insert “or civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010” after “connected relative” wherever it appears;

(b) substitute “any” for “either” in paragraph (a) of section 25(2)

44.

Pharmacy Act 2007

Definition of “beneficial interest” in section 63(5)(a)

insert “or civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010” after “spouse”

45.

Pharmacy Act 2007

Subparagraph 9(3) of Schedule 1

Substitute “or civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 of that member or a nominee of any of them” for “of that member or a nominee of either of them”

46.

Pharmacy Act 2007

Subparagraph 10(3) of Schedule 1

Substitute “or civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 of the employee or any of them” for “of the employee or either of them”

Annotations

Modifications (not altering text):

C19

Reference to Schience Foundation Ireland construed as Taighde Éireann (1.08.2024, establishment day) by Research and Innovation Act 2024 (15/2024), s. 61, S.I. Nos. 373 of 2024, 375 of 2024.

Establishment of Agency

7. (1) There shall stand established on the establishment day a body, which shall be known as Taighde Éireann (in this Act referred to as “the Agency”), to perform the functions conferred on it by or under this Act.

...

Dissolution of Science Foundation Ireland

54. On the establishment day, Science Foundation Ireland (in this Act referred to as the “dissolved body”) shall stand dissolved.

...

References in enactments or instruments made thereunder to dissolved body

61. References (however expressed) to the dissolved body in any enactment or instrument made under an enactment shall, after the establishment day, be construed as references to the Agency save where other provision is made as respects the construction of the first mentioned references by any enactment passed before the passing of this Act.

PART 2

Pensions Provisions

Section 99.

Item

Act

Provision

Amendment

1.

Pilotage Order Confirmation Act 1927

Schedule

substitute “surviving spouse, or surviving civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010,” for “widow” wherever it appears

2.

Ministerial and Parliamentary Offices Act 1938

Section 20 (substituted by section 15 of the Ministerial, Parliamentary and Judicial Offices and Oireachtas Members (Miscellaneous Provisions) Act 2001)

(a) insert “or surviving civil partner” after “surviving spouse” wherever it appears;

(b) insert “or surviving civil partner’s” after “surviving spouse’s” wherever it appears;

(c) insert “or civil partner” after “spouse” wherever it appears;

(d) in subsection (3), insert “or enters into a new civil partnership” after “remarries”;

(e) in subsection (9), insert the following definition: “ ‘civil partner’ has the meaning assigned to it in the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010.”

3.

Ministerial and Parliamentary Offices Act 1938

Section 20C (inserted by section 16 of the Ministerial, Parliamentary and Judicial Offices and Oireachtas Members (Miscellaneous Provisions) Act 2001)

(a) in subsection (1), substitute “spouse’s pension or surviving civil partner’s (within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010) pension that has ceased to be payable because that person has married, remarried or entered into a civil partnership” for “spouse’s pension that has ceased to be payable because that person has remarried”;

(b) inserting “or civil partnership” after “marriage”

4.

Ministerial and Parliamentary Offices Act 1938

Section 21(4)

substitute “surviving spouses’ pensions, surviving civil partners’ pensions” for “widows’ pensions”

5.

Oireachtas (Allowances to Members) Act 1938

Section 6A(6)(a)(i) (inserted by section 1 of the Oireachtas (Allowances to Members) (Amendment) Act 1968)

substitute “surviving spouses or surviving civil partners, within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010” for “widows”

6.

Presidential Establishment Act 1938

Section 4(1) (substituted by section 3 of the Presidential Establishment (Amendment) Act 1991)

insert “, or surviving civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010,” after “widower”

7.

Presidential Establishment Act 1938

Section 4(2) (substituted by section 3 of the Presidential Establishment (Amendment) Act 1991)

substitute “married, remarried or entered into a civil partnership within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 after the death of the spouse or civil partner” for “remarried after the death of the spouse”

8.

Presidential Establishment Act 1938

Section 4(3) (substituted by section 3 of the Presidential Establishment (Amendment) Act 1991)

substitute “spouse or civil partner until, in case the person marries, remarries or enters into a civil partnership, such marriage, remarriage or entry into a civil partnership, or, in case the person does not marry, remarry or enter into a civil partnership,” for “spouse until, in case the person remarries, such remarriage or, in case the person does not remarry,”

9.

Garda Síochána (Compensa-tion) Act 1941

Section 12

substitute “surviving spouse or surviving civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010” for “widow” wherever it appears

10.

Central Bank Act 1942

Definition of “superannuation benefit” in section 33AG(8) (inserted by section 26 of the Central Bank and Financial Services Authority of Ireland Act 2003)

insert “or civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010” after “spouse”

11.

Central Bank Act 1942

Paragraph 5(1) of Schedule 7 (inserted by section 22 of the Central Bank and Financial Services Authority of Ireland Act 2004)

insert “or civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010” after “spouse”

12.

Harbours Act 1946

Section 151(9)

substitute “surviving spouse or surviving civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010” for “widow”

13.

Great Southern Railways Company (Superannu-ation Scheme) Act 1947

Schedule

(a) substitute “surviving spouse, or surviving civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010,” for “widow” wherever it appears other than in paragraph 23(a)(ii);

(b) in paragraph 23(a)(ii), substitute “surviving spouse or surviving civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010,” for “widower or widow”

14.

Electricity (Supply) (Amendment) Act 1958

Section 15(1)

substitute “to that person’s spouse or civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010” for “, if the person making the surrender is a man, to his wife.”

15.

Electricity (Supply) (Amendment) Act 1958

Section 15(3)

substitute “the dependant or wife, or civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010,” for “the wife or dependant”

16.

Courts of Justice and Court Officers (Superannua-tion) Act 1961

Section 7

substitute “spouse or civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010” for “wife” wherever it appears

17.

Companies Act 1963

Paragraph 90 of First Schedule

substitute “his or her surviving spouse or surviving civil partner, within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010, or dependants” for “his widow or dependants”

18.

Electricity (Supply) (Amendment) Act 1970

Section 5(4)(b)

substitute “spouse, civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 or a dependent” for “wife or a dependent”

19.

Local Government (Superannua-tion) Act 1980

Section 5(4)(b)(ii)(II)

substitute “surviving spouses or surviving civil partners, within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010” for “widows”

20.

Courts (Supplemental Provisions) (Amendment) Act 1991

Section 4(2)

insert “, civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010,” after “spouse”

21.

Courts (Supplemental Provisions) (Amendment) Act 1991

Section 7(1)

insert “, civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010” after “spouse”

22.

Air Navigation and Transport (Amendment) Act 1998

Section 32(12)

insert “, civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010,” after “spouse” wherever it appears

23.

Garda Síochána Act 2005

Section 122(1)(i)

insert “or civil partners within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010” after “spouses”

PART 3

Property Rights Provisions

Section 168.

Item

Act

Provision

Amendment

1.

Land Act 1931

Section 35(3)(a)

substitute “spouse, civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010” for “husband”

2.

Land Act 1933

Section 29(1)

insert “or the civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010” after “husband”

3.

Land Act 1936

Section 16(2)(b)

insert “or the civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010” after “husband” wherever it appears

4.

Companies Act 1963

Section 289(3)

insert “or civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010” after “spouse”

5.

Companies Act 1963

Section 300A(1)(b) (inserted by section 146 of the Companies Act 1990)

insert “or civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010” after “spouse”

6.

Land Act 1965

Section 6(3)

(a) insert “or who is a civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 whose civil partner (not being interested jointly or in common in the land) is alive on that date,” after “on that date”;

(b) insert “or civil partner” after “spouse” in paragraph (a);

(c) insert “or civil partner” after “spouse” in paragraph (b) wherever it appears

7.

Land Act 1965

Section 6(4)

(a) substitute “unmarried,” for “unmarried or”;

(b) insert “or is a surviving civil partner” after “widow”;

(c) insert “or civil partner” after “spouse”

8.

Agricultural Credit Act 1978

Section 31(2)(a)(i)(II)

insert “or civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010” after “husband”

9.

Housing (Miscellaneous Provisions) Act 1979

Section 4(5) (inserted by section 25 of the Housing Act 1988)

(a) substitute “marriage or civil partnership within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010” for “marriage” in paragraph (a)(i);

(b) substitute “separated from his or her spouse or civil partner” for “separated from his spouse” in paragraph (a) (ii);

(c) add “or civil partner” after “spouse” in paragraph (c)

10.

Housing (Miscellaneous Provisions) Act 1979

Section 11(3)(b)

insert “or civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010” after “spouse”

11.

Occasional Trading Act 1979

Section 2(2)(j)

insert “, civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010” after “spouse”

12.

Abattoirs Act 1988

Section 13(2)

insert “or civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010” after “spouse”

13.

Abattoirs Act 1988

Section 28(2)

insert “or civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010” after “spouse”

14.

Bankruptcy Act 1988

Section 61(5)

(a) insert “or shared home within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010” after “family home” wherever it appears;

(b) insert “or civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010” after “spouse”

15.

Housing Act 1988

Section 3(2)(e)

insert “or civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010” after “spouse”

16.

Housing Act 1988

Section 4

insert “or civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010” after “spouse” wherever it appears

17.

Central Bank Act 1989

Paragraph (a) of the definition of “connected person” in section 53

insert “or civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010” after “spouse”

18.

Companies Act 1990

Section 26(1)(a) (substituted by section 76 of the Company Law Enforcement Act 2001)

insert “, civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010,” after “spouse” wherever it appears

19.

Companies Act 1990

Section 64

insert “or civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010” after “spouse” wherever it appears

20.

Irish Horseracing Industry Act 1994

Section 48(21)(a)(i)

insert “or civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010” after “spouse”

21.

Consumer Credit Act 1995

Section 45(3)

insert the following paragraph after paragraph (a):

“(aa) for the purposes of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010, send any written communication connected with the agreement to the consumer’s civil partner, or”

22.

Investor Compensation Act 1998

Paragraph (d) of definition of “excluded investor” in section 2(1)

insert “, a civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010” after “relative”

PART 4

Redress Provisions

Section 169.

Item

Act

Provision

Amendment

1.

Garda Síochána (Compen-sation) Act 1941

Section 3(a)

substitute “surviving spouse or surviving civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010” for “widow”

2.

Civil Liability Act 1961

Definition of “dependant” in section 47(1) (substituted by section 1 of the Civil Liability (Amendment) Act 1996)

(a) insert “, civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010” after “spouse”;

(b) delete “or” at the end of paragraph (b);

(c) insert the following paragraph after paragraph (b):

“(ba) a person whose civil partnership with the deceased has been dissolved by a decree of dissolution that was granted under the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 or under the law of a country or jurisdiction other than the State and is recognised in the State, or”

3.

Residential Institutions Redress Act 2002

Section 9(1) and (2)

substitute “the children, spouse or civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010” for “the children or spouse” wherever it appears

4.

Air Navigation and Transport (International Conventions) Act 2004

Definition of “dependant” in section 7(1)

(a) insert “, or civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010” after “husband”;

(b) insert the following paragraph after paragraph (b):

“(ba) a person whose civil partnership with the deceased—

(i) has been dissolved by a decree of dissolution that was granted under the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010, or

(ii) has been dissolved in accordance with the law of a country or jurisdiction (other than the State), but only if the dissolution is recognised in the State;”

5.

Commission to Inquire into Child Abuse (Amendment) Act 2005

Section 27(1)

insert “or the civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010” after “relative”

PART 5

Miscellaneous Provisions

Section 170.

Item

Act

Provision

Amendment

1.

Enforcement of Court Orders Act 1926

Section 13(1)

insert “, or the civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010,” after “husband”

2.

Aliens Act 1935

Section 5(4)

insert “, or the civil partner to whom an order made under section 5 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 applies,” after “spouse” wherever it appears

3.

Defence Act 1954

Section 161(4)(a)(ii) (inserted by section 18(c) of the Defence (Amendment) Act 2007)

insert “or the civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010” after “family”

4.

Local Authorities (Higher Education Grants) Act 1968

Section 2(1A)(a)(iii) (inserted by section 3 of the Local Authorities (Higher Education Grants) Act 1992)

insert “or civil partners within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010” after “spouses”

5.

Health Act 1970

Section 45(2) (inserted by section 1 of the Health (Amendment) Act 2005), section 58(2) (inserted by section 5 of the Health (Amendment) Act 2005), section 1(1)(b) of the Health (Miscellaneous Provisions) Act 2001, section 68(3)

insert “or civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010” after “spouse”, wherever it appears

6.

Prosecution of Offences Act 1974

Section 6(2)(a)(ii)

insert “or the civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010” after “family”

7.

Unfair Dismissals Act 1977

Section 2(1)(c)

insert “, civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010” after “spouse”

8.

Bankruptcy Act 1988

Section 45(1)

substitute “spouse or civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010” for “wife”

9.

Bankruptcy Act 1988

Section 59

(a) insert “or civil partnership within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010” after “marriage” in subsection (1);

(b) insert the following subsection after subsection (2):

“(2A) A covenant or contract made by any person (in this section called the settlor) in consideration of his or her entry into civil partnership within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010, either for the future payment of money for the benefit of the settlor’s civil partner, or for the future settlement, on or for the settlor’s civil partner, of property wherein the settlor had not at the date of the registration of the civil partnership any estate or interest, whether vested or contingent, in possession or remainder, shall, if the settlor is adjudicated bankrupt and the covenant or contract has not been executed at the date of the adjudication, be void as against the Official Assignee, except so far as it enables the civil partner entitled under the covenant or contract to claim for dividend in the settlor’s bankruptcy under or in respect of the covenant or contract, but any such claim to dividend shall be postponed until all the claims of the other creditors for valuable consideration in money or money’s worth have been satisfied.”

10.

Health (Nursing Homes) Act 1990

Section 2(1)

insert “or civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010” before “or of a parent”

11.

Health (Nursing Homes) Act 1990

Section 7B (substituted by section 3 of the Health (Nursing Homes) (Amendment) Act 2007)

(a) insert “or civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010” after “spouse” wherever it appears;

(b) insert “civil partner, or a” before “married or cohabiting person” in subsection (4);

(c) substitute “applicant and his or her civil partner or spouse” for “married couple” in subsection (4)

12.

Electoral Act 1992

Section 12(2)

insert “or the civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010” after “spouse”

13.

Statistics Act 1993

Section 27(1)(a)

replace “spouse or” with “spouse, civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010, or a”

14.

Solicitors (Amendment) Act 1994

Section 32(4)

insert “, civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010” after “spouse”

15.

Criminal Assets Bureau Act 1996

Sections 11(1), 13(1) and 15(1)

insert “or the civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010” after “family” wherever it appears

16.

Refugee Act 1996

Section 18(3)(a)

insert “or the civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010” after “family”

17.

Non-Fatal Offences Against the Person Act 1997

Sections 9(1) and 11(1)

insert “or the civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010” after “family” wherever it appears

18.

Organisation of Working Time Act 1997

Section 3(2)(b)

(a) insert “or is employed by the person’s civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010” after “household” in subparagraph (i);

(b) insert “or civil partner” after “relative” in subparagraph (ii)

19.

Criminal Justice Act 1999

Section 41(1)(a)

insert “or his or her civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010” after “family”

20.

National Minimum Wage Act 2000

Section 5(a)

insert “, civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010” after “spouse”

21.

Housing (Miscellaneous Provisions) Act 2002

Section 13(2)(a)

substitute “, civil status within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010” for “marital status”

22.

Health Act 2004

Sections 46(3)(a) and 46(4)

insert “or civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010” after “relative” wherever it appears

23.

Disability Act 2005

Section 9(2)(a)

insert “, civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010” after “spouse”

24.

Registration of Deeds and Title Act 2006

Definition of “ deed ” in section 32(1)

(a) insert “or under section 36 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010” after “Act 1976” in paragraph (j);

(b) insert “or under section 28(12) of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010” after “Act 1976” in paragraph (k)