Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010

Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 2010 Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Revised Act Acht Athbh… Open PDFOscail PDF Print Full ActPriontáil an tAcht Iomlán Number 24 of 2010 CIVIL PARTNERSHIP AND CERTAIN RIGHTS AND OBLIGATIONS OF COHABITANTS ACT 2010 ARRANGEMENT OF SECTIONS PART 1 Preliminary and General Section 1. Short title, commencement and collective citation. 2. Interpretation. 3. Civil partners. PART 2 Status of Civil Partnership 4. Declarations of civil partnership status. 5. Recognition of registered foreign relationships. PART 3 Registration of Civil Partnership 6. Definition, Part 3. 7. Amendment of section 2 of Act of 2004. 8. Amendment of section 8 of Act of 2004. 9. Amendment of section 13 of Act of 2004. 10. Amendment of section 17 of Act of 2004. 11. Amendment of section 22 of Act of 2004. 12. Amendment of section 23 of Act of 2004. 13. Amendment of section 37 of Act of 2004. 14. Amendment of section 46 of Act of 2004. 15. Amendment of section 59 of Act of 2004. 16. Insertion of new Part 7A of Act of 2004. 17. Insertion of new Part 7B of Act of 2004. 18. Amendment of section 60 of Act of 2004. 19. Amendment of section 64 of Act of 2004. 20. Amendment of section 65 of Act of 2004. 21. Amendment of section 66 of Act of 2004. 22. Amendment of section 69 of Act of 2004. 23. Amendment of section 70 of Act of 2004. 24. Amendment of section 73 of Act of 2004. 25. Amendment of First Schedule to Act of 2004. 26. New Third Schedule to Act of 2004. PART 4 Shared Home Protection 27. Interpretation. 28. Alienation of interest in shared home. 29. Consent of civil partner. 30. Conduct leading to loss of shared home. 31. Payment of outgoings on shared home. 32. Adjournment of proceedings by mortgagee or lessor for possession or sale of shared home. 33. Modification of terms of mortgage or lease as to payment of capital sum. 34. Restriction on disposal of household chattels. 35. Joinder of parties. 36. Registration of notice of existence of civil partnership. 37. Restriction of section 59(2) of Registration of Title Act 1964. 38. Creation of joint tenancy in shared home exempt from fees. 39. Offences. 40. Protection of certain tenancies. 41. Protection of certain tenancies. 42. Amendment of Civil Legal Aid Act 1995. PART 5 Maintenance of Civil Partner 43. Interpretation. 44. Commencement of periodical payments. 45. Maintenance order. 46. Discharge, variation and termination of maintenance order. 47. Interim order. 48. Orders in respect of certain agreements between civil partners. 49. Preservation of pension entitlements. 50. Transmission of payments through District Court clerk. 51. Lump sum maintenance orders. 52. Secured orders. PART 6 Attachment of Earnings 53. Attachment of earnings order. 54. Compliance with attachment of earnings order. 55. Application of sums received by District Court clerk. 56. Statement as to earnings. 57. Notification of changes of employment and earnings. 58. Power to determine whether particular payments are earnings. 59. Persons in service of State, local authority, etc. 60. Discharge, variation and lapse of attachment of earnings order. 61. Cesser of attachment of earnings order. 62. Other remedies. 63. Enforcement. PART 7 Miscellaneous Provisions Relating to Parts 5 and 6 64. Payments without deduction of income tax. 65. Amendment of the Enforcement of Court Orders Act 1940. 66. Property in household allowance. 67. Voidance of certain provisions of agreements. PART 8 Succession 68. Interpretation. 69. Amendment of section 3 of Act of 1965. 70. Amendment of section 56 of Act of 1965. 71. Amendment of section 58 of Act of 1965. 72. Amendment of section 67 of Act of 1965. 73. Insertion of new sections in Act of 1965. 74. Amendment of section 68 of Act of 1965. 75. Amendment of section 69 of Act of 1965. 76. Amendment of section 70 of Act of 1965. 77. Amendment of section 82 of Act of 1965. 78. Amendment of section 83 of Act of 1965. 79. Amendment of section 85 of Act of 1965. 80. Amendment of section 109 of Act of 1965. 81. Insertion of section 111A in Act of 1965. 82. Amendment of section 112 of Act of 1965. 83. Insertion of section 113A in Act of 1965. 84. Amendment of section 114 of Act of 1965. 85. Amendment of section 115 of Act of 1965. 86. Amendment of section 117 of Act of 1965. 87. Amendment of section 120 of Act of 1965. 88. Amendment of section 121 of Act of 1965. 89. Amendment of section 45 of Statute of Limitations 1957. PART 9 Domestic Violence 90. Interpretation. 91. Amendment of section 1 of Act of 1996. 92. Amendment of definition of “the applicant” in section 2 of Act of 1996. 93. Amendment of section 3 of Act of 1996. 94. Insertion of section 8A of Act of 1996. 95. Amendment of section 9 of Act of 1996. 96. Amendment of section 13 of Act of 1996. PART 10 Miscellaneous Consequences of Civil Partnership Registration 97. Ethics and conflict of interests. 98. Amendment of Mental Health Act 2001. 99. Pensions. 100. Amendment of the Pensions Act 1990. 101. Amendment of Criminal Damage Act 1991. 102. Amendment of Employment Equality Act 1998. 103. Amendment of Equal Status Act 2000. 104. Amendment of Powers of Attorney Act 1996. 105. Amendment of Civil Liability Act 1961. 106. Determination of questions between civil partners in relation to property. PART 11 Nullity of Civil Partnership 107. Grant of decree of nullity. 108. Effect of decree of nullity. PART 12 Dissolution of Civil Partnership 109. Definitions, etc. 110. Grant of decree of dissolution. 111. Adjournment of proceedings to assist reconciliation, mediation or agreements on terms of dissolution. 112. Non-admissibility as evidence of certain communications. 113. Effect of decree of dissolution. 114. Interpretation. 115. Preliminary orders in proceedings for dissolution. 116. Maintenance pending suit orders. 117. Periodical payments and lump sum orders. 118. Property adjustment orders. 119. Miscellaneous ancillary orders. 120. Financial compensation orders. 121. Pension adjustment orders. 122. Procedural provisions respecting pension adjustment orders. 123. Rules respecting payments under schemes. 124. Payments further to orders under section 121. 125. Costs. 126. Other provisions for orders under section 121. 127. Applications for provision from estate of deceased civil partner. 128. Orders for sale of property. 129. Provisions relating to certain orders. 130. Retrospective periodical payment orders. 131. Variations etc., of certain orders. 132. Method of making payments under certain orders. 133. Stay on certain orders being appealed. 134. Transmission of periodical payments through District Court clerk. 135. Application of maintenance pending suit and periodical payment orders to certain members of Defence Forces. 136. Amendment of Enforcement of Court Orders Act 1940. 137. Powers of court in relation to transactions intended to prevent or reduce relief. 138. Cost of mediation and counselling services. PART 13 Jurisdiction and Other Related Matters 139. Definitions. 140. Jurisdiction and venue. 141. Notice of civil partnership law proceedings. 142. Particulars of property. 143. Hearing of proceedings. 144. Conduct of proceedings. 145. Privacy. 146. Costs. 147. Rules of court. PART 14 Other Consequential Amendments, Etc. 148. Application and amendment of Pensions Act 1990. 149. Definition. 150. Amendment of section 2 of Act of 1996. 151. Amendment of section 13 of Act of 1996. 152. Amendment of section 14 of Act of 1996. 153. Amendment of section 16 of Act of 1996. 154. Amendment of section 17 of Act of 1996. 155. Amendment of section 18 of Act of 1996. 156. Amendment of section 19 of Act of 1996. 157. Amendment of section 20 of Act of 1996. 158. Definition. 159. Amendment of section 2 of Act of 1995. 160. Amendment of section 8 of Act of 1995. 161. Amendment of section 9 of Act of 1995. 162. Amendment of section 11 of Act of 1995. 163. Amendment of section 12 of Act of 1995. 164. Amendment of section 15 of Act of 1995. 165. Amendment of section 15A of Act of 1995. 166. Amendment of section 23 of Act of 1995. 167. Amendment of section 25 of Act of 1995. 168. Property rights. 169. Redress provisions. 170. Other miscellaneous provisions. PART 15 Cohabitants 171. Definitions. 172. Cohabitant and qualified cohabitant. 173. Application for redress in respect of economically dependent qualified cohabitant. 174. Property adjustment orders. 175. Compensatory maintenance orders. 176. Attachment of earnings order. 177. Compliance with attachment of earnings order. 178. Application of sums received by clerk. 179. Statement as to earnings. 180. Notification of changes of employment and earnings. 181. Power to determine whether particular payments are earnings. 182. Persons in service of State, local authority, etc. 183. Discharge, variations and lapse of attachment of earnings order. 184. Cesser of attachment of earnings order. 185. Other remedies. 186. Enforcement. 187. Pension adjustment orders. 188. Procedural provisions respecting pension adjustment orders. 189. Rules respecting payments under schemes. 190. Payments further to orders under section 187. 191. Costs. 192. Value of benefit calculation. 193. Mediation and other alternatives to proceedings. 194. Application for provision from estate of deceased cohabitant. 195. Limitation period. 196. Jurisdiction and venue. 197. Particulars of property. 198. Conduct of proceedings. 199. Privacy. 200. Costs. 201. Rules of court. 202. Validity of certain agreements between cohabitants. 203. Amendment of section 39 of Residential Tenancies Act 2004. 204. Amendment of section 47 of Civil Liability Act 1961. 205. Amendment of Powers of Attorney Act 1996. 206. Transitional provision — redress orders. 207. Transitional provision — agreements. PART 16 Miscellaneous 208. Saver in relation to rights of others. SCHEDULE Consequential Amendments to Other Acts PART 1 Conflicts of Interests Provisions PART 2 Pensions Provisions PART 3 Property Rights Provisions PART 4 Redress Provisions PART 5 Miscellaneous Provisions Acts Referred to Abattoirs Act 1988 1988, No. 8 Agricultural Credit Act 1978 1978, No. 2 Agriculture Act 1931 1931, No. 8 Air Navigation and Transport (Amendment) Act 1998 1998, No. 24 Air Navigation and Transport (International Conventions) Act 2004 2004, No. 11 Aliens Act 1935 1935, No. 14 Aviation Regulation Act 2001 2001, No. 1 Bankruptcy Act 1988 1988, No. 27 Building Societies Act 1989 1989, No. 17 Central Bank Act 1942 1942, No. 22 Central Bank Act 1989 1989, No. 16 Central Bank and Financial Services Authority of Ireland Act 2003 2003, No. 12 Central Bank and Financial Services Authority of Ireland Act 2004 2004, No. 21 Civil Legal Aid Act 1995 1995, No. 32 Civil Liability (Amendment) Act 1996 1996, No. 42 Civil Liability Act 1961 1961, No. 41 Civil Liability and Courts Act 2004 2004, No. 31 Civil Registration Act 2004 2004, No. 3 Commission to Inquire into Child Abuse (Amendment) Act 2005 2005, No. 17 Companies Act 1963 1963, No. 33 Companies Act 1990 1990, No. 33 Company Law Enforcement Act 2001 2001, No. 28 Consumer Credit Act 1995 1995, No. 24 Consumer Protection Act 2007 2007, No. 19 Conveyancing Act 1882 45 & 46 Vict., c. 39 Courts (Supplemental Provisions) (Amendment) Act 1991 1991, No. 23 Courts of Justice and Court Officers (Superannuation) Act 1961 1961, No. 16 Credit Union Act 1997 1997, No. 15 Criminal Assets Bureau Act 1996 1996, No. 31 Criminal Damage Act 1991 1991, No. 31 Criminal Justice Act 1999 1999, No. 10 Defence Act 1954 1954, No. 18 Defence (Amendment) Act 2007 2007, No. 24 Digital Hub Development Agency Act 2003 2003, No. 23 Disability Act 2005 2005, No. 14 Domestic Violence Act 1996 1996, No. 1 Domestic Violence Acts 1996 and 2002 Electoral Act 1992 1992, No. 23 Electricity (Supply) (Amendment) Act 1958 1958, No. 35 Electricity (Supply) (Amendment) Act 1970 1970, No. 5 Employment Equality Act 1998 1998, No. 21 Enforcement of Court Orders Act 1926 1926, No. 18 Enforcement of Court Orders Act 1940 1940, No. 23 Equal Status Act 2000 2000, No. 8 Ethics in Public Office Act 1995 1995, No. 22 Family Law (Divorce) Act 1996 1996, No. 33 Family Law (Maintenance of Spouses and Children) Act 1976 1976, No. 11 Family Law Act 1995 1995, No. 26 Farm Tax Act 1985 1985, No. 17 Food Safety Authority of Ireland Act 1998 1998, No. 29 Garda Síochána (Compensation) Act 1941 1941, No. 19 Garda Síochána Act 2005 2005, No. 20 Gas (Interim) (Regulation) Act 2002 2002, No. 10 Grangegorman Development Agency Act 2005 2005, No. 21 Great Southern Railways Company (Superannuation Scheme) Act 1947 1947, No. 21 Harbours Act 1946 1946, No. 9 Harbours Acts 1946 to 2005 Health (Amendment) Act 2005 2005, No. 3 Health (Miscellaneous Provisions) Act 2001 2001, No. 14 Health (Nursing Homes) (Amendment) Act 2007 2007, No. 1 Health (Nursing Homes) Act 1990 1990, No. 23 Health Act 1970 1970, No. 1 Health Act 2004 2004, No. 42 Housing Act 1988 1988, No. 28 Housing (Miscellaneous Provisions) Act 1979 1979, No. 27 Housing (Miscellaneous Provisions) Act 2002 2002, No. 9 Housing (Private Rented Dwellings) (Amendment) Act 1983 1983, No. 22 Housing (Private Rented Dwellings) Act 1982 1982, No. 6 Industrial Development (Science Foundation Ireland) Act 2003 2003, No. 30 Insurance Act 1989 1989, No. 3 Insurance Act 2000 2000, No. 42 Investor Compensation Act 1998 1998, No. 37 Irish Horse Racing Industry Act 1994 1994, No. 18 Judgements (Ireland) Act 1844 1844, c. 90 Land Act 1931 1931, No. 11 Land Act 1933 1933, No. 38 Land Act 1936 1936, No. 41 Land Act 1965 1965, No. 2 Local Authorities (Higher Education Grants) Act 1968 1968, No. 24 Local Authorities (Higher Education Grants) Act 1992 1992, No. 19 Local Government (Superannuation) Act 1980 1980, No. 8 Local Government Act 1941 1941, No. 23 Local Government Act 2001 2001, No. 37 Mental Health Act 2001 2001, No. 25 Ministerial, Parliamentary and Judicial Offices and Oireachtas Members (Miscellaneous Provisions) Act 2001 2001, No. 33 Ministerial and Parliamentary Offices Act 1938 1938, No. 38 National Development Finance Agency Act 2002 2002, No. 29 National Minimum Wage Act 2000 2000, No. 5 National Sports Campus Development Authority Act 2006 2006, No. 19 Non-Fatal Offences Against the Person Act 1997 1997, No. 26 Occasional Trading Act 1979 1979, No. 35 Oireachtas (Allowances to Members) Act 1938 1938, No. 34 Oireachtas (Allowances to Members)(Amendment) Act 1968 1968, No. 8 Organisation of Working Time Act 1997 1997, No. 20 Partition Act 1868 1868, c. 40 Partition Act 1876 1876, c. 17 Pensions (Amendment) Act 1996 1996, No. 18 Pensions (Amendment) Act 2002 2002, No. 18 Pensions Act 1990 1990, No. 25 Pharmacy Act 2007 2007, No. 20 Pilotage Order Confirmation Act 1927 1927, No. 1(P) Planning and Development Act 2000 2000, No. 30 Powers of Attorney Act 1996 1996, No. 12 Presidential Establishment Act 1938 1938, No. 24 Presidential Establishment (Amendment) Act 1991 1991, No. 10 Private Security Services Act 2004 2004, No. 12 Prosecution of Offences Act 1974 1974, No. 22 Railway Safety Act 2005 2005, No. 31 Refugee Act 1996 1996, No. 17 Registration of Deeds and Title Act 2006 2006, No. 12 Registration of Title Act 1964 1964, No. 16 Residential Institutions Redress Act 2002 2002, No. 13 Residential Tenancies Act 2004 2004, No. 27 Sea-Fisheries and Maritime Jurisdiction Act 2006 2006, No. 8 Social Welfare (Miscellaneous Provisions) Act 2004 2004, No. 9 Social Welfare Acts Social Welfare and Pensions Act 2007 2007, No. 8 Social Welfare and Pensions Act 2008 2008, No. 2 Solicitors (Amendment) Act 1994 1994, No. 27 Statistics Act 1993 1993, No. 21 Statute of Limitations 1957 1957, No. 6 Succession Act 1965 1965, No. 27 Sustainable Energy Act 2002 2002, No. 2 Taxes Consolidation Act 1997 1997, No. 39 Transport (Railway Infrastructure) Act 2001 2001, No. 55 Trustee Savings Banks Act 1989 1989, No. 21 Unfair Dismissals Act 1977 1977, No. 10 Valuation Act 2001 2001, No. 13 Vocational Education Act 1930 1930, No. 29 Number 24 of 2010 CIVIL PARTNERSHIP AND CERTAIN RIGHTS AND OBLIGATIONS OF COHABITANTS ACT 2010 AN ACT TO PROVIDE FOR THE REGISTRATION OF CIVIL PARTNERS AND FOR THE CONSEQUENCES OF THAT REGISTRATION, TO PROVIDE FOR THE RIGHTS AND OBLIGATIONS OF COHABITANTS AND TO PROVIDE FOR CONNECTED MATTERS. [19th July, 2010] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: PART 1 Preliminary and General Short title, commencement and collective citation. 1.— (1) This Act may be cited as the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010. (2) This Act, other than Part 3 , shall come into operation on the day or days that the Minister may appoint by order either generally or with reference to a particular purpose or provision and different days may be so appointed for different purposes or different provisions. (3) Part 3 shall come into operation on the day or days that the Minister may, after consulting with the Minister for Social Protection, appoint by order either generally or with reference to a particular purpose or provision. Interpretation. 2.— In this Act— “ civil partnership registration ” means registration of a civil partnership under section 59D (as inserted by section 16 of this Act) of the Civil Registration Act 2004 ; “Land Registry” has the meaning assigned to it by the Registration of Title Act 1964 ; “Minister” means the Minister for Justice and Law Reform; “Property Registration Authority” has the meaning assigned to it by the Registration of Deeds and Title Act 2006 ; “Registry of Deeds” has the meaning assigned to it by the Registration of Deeds and Title Act 2006 . Civil partners. 3.— For the purposes of this Act a civil partner is either of two persons of the same sex who are— (a) parties to a civil partnership registration that has not been dissolved or the subject of a decree of nullity, or (b) parties to a legal relationship of a class that is the subject of an order made under section 5 that has not been dissolved or the subject of a decree of nullity. PART 2 Status of Civil Partnership Declarations of civil partnership status. 4.— (1) The court may, on application to it in that behalf by either of the civil partners or by any other person who, in the opinion of the court, has a sufficient interest in the matter, make one or more of the following orders in relation to a civil partnership: (a) an order declaring that the civil partnership was at its inception a valid civil partnership; (b) an order declaring that the civil partnership subsisted on a date specified in the application; and (c) an order declaring that the civil partnership did not subsist on a date specified in the application other than the date of its inception. (2) The court may only make an order under subsection (1) if one of the civil partners— (a) is domiciled in the State on the date of the application, (b) has been ordinarily resident in the State throughout the period of one year immediately preceding the date of the application, or (c) died before the date of the application and— (i) was at the time of death domiciled in the State, or (ii) had been ordinarily resident in the State throughout the period of one year immediately preceding the date of death. (3) The other civil partner, the civil partners concerned, or the personal representative within the meaning of the Succession Act 1965 of the civil partner or each civil partner shall be joined in proceedings under this section and the court may order that notice of the proceedings be given to any other person that the court may specify. (4) Where notice of proceedings under this section is given to a person, the court may, of its own motion or on application to it in that behalf by the person or a party to the proceedings, order that the person be added as a party to the proceedings. (5) Where a party to proceedings under this section alleges that the civil partnership concerned is void and should be the subject of a decree of nullity of civil partnership, the court may treat the application under subsection (1) as an application for a decree of nullity of civil partnership and proceed to determine the matter accordingly and postpone the determination of the application made under subsection (1). (6) An order under subsection (1) is binding on the parties to the proceedings concerned and on a person claiming through such a party. (7) An order under subsection (1) does not prejudice any person if it is subsequently proved to have been obtained by fraud or collusion. (8) Rules of court may make provision as to the information to be given in an application for an order under subsection (1), including particulars of any previous or pending proceedings in relation to the civil partnership or to the civil partnership status of a civil partner. (9) The registrar of the court shall notify an tArd-Chláraitheoir of an order under subsection (1). (10) In this section a reference to a civil partner includes a reference to a person who was a civil partner until the dissolution of the civil partnership or until the civil partnership was annulled by decree of nullity. Recognition of registered foreign relationships. 5.— (1) The Minister may, by order, declare that a class of legal relationship entered into by two parties of the same sex is entitled to be recognised as a civil partnership if under the law of the jurisdiction in which the legal relationship was entered into— (a) the relationship is exclusive in nature, (b) the relationship is permanent unless the parties dissolve it through the courts, (c) the relationship has been registered under the law of that jurisdiction, and (d) the rights and obligations attendant on the relationship are, in the opinion of the Minister, sufficient to indicate that the relationship would be treated comparably to a civil partnership. (2) An order under subsection (1) entitles and obliges the parties to the legal relationship to be treated as civil partners under the law of the State from the later of— (a) the day which is 21 days after the date on which the order is made, and (b) the day on which the relationship was registered under the law of the jurisdiction in which it was entered into. (3) Notwithstanding subsections (1) and (2), an order made under subsection (1) shall not be construed as entitling parties to a legal relationship otherwise recognised by that order to be treated as civil partners under the law of the State if those parties are within the prohibited degrees of relationship set out in the Third Schedule to the Civil Registration Act 2004 (inserted by section 26 ). (4) Where an order is made under subsection (1), a dissolution of a legal relationship under the law of the jurisdiction in which it was entered into, or under the law of any other jurisdiction in respect of which a class of legal relationship has been declared by an order made under that subsection to be entitled to be recognised as a civil partnership, shall be recognised as a dissolution and deemed to be a dissolution under section 110 , and any former parties to such a relationship shall not be treated as civil partners under the law of the State from the later of— (a) the day which is 21 days after the date on which the order is made, and (b) the day on which the dissolution became effective under the law of the relevant jurisdiction. (5) Every order made by the Minister under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either such House within the next 21 days on which that House has sat after the order is laid before it, the order shall be annulled accordingly but without prejudice to the validity of anything previously done under it. PART 3 Registration of Civil Partnership Definition, Part 3. 6.— In this Part, “Act of 2004” means the Civil Registration Act 2004 . Amendment of section 2 of Act of 2004. 7.— (1) Section 2(1) of the Act of 2004 is amended— (a) by inserting the following definitions: “ ‘Act of 2010’ means the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010; ‘civil partner’ has the meaning assigned to it by the Act of 2010; ‘civil partnership registration’ means registration under section 59D; ‘civil status’ means being single, married, separated, divorced, widowed, in a civil partnership or being a former civil partner in a civil partnership that has ended by death or been dissolved; ‘dissolution’ means dissolution of a civil partnership under section 110 of the Act of 2010;”, (b) by substituting the following definition for the definition “ decree of divorce”: “ ‘decree of divorce’ has the meaning assigned to it by the Family Law (Divorce) Act 1996 ;”, (c) by substituting the following definition for the definition “ decree of nullity”: “ ‘decree of nullity’— (a) in the case of a decree of nullity of marriage, has the meaning assigned to it by the Family Law (Divorce) Act 1996 , and (b) in the case of a decree of nullity of civil partnership, has the meaning assigned to it by the Act of 2010;”, (d) in the definition of “event”, by substituting “divorce, decree of nullity, civil partnership registration or dissolution” for “divorce or decree of nullity”, (e) in the definition of “registrar” — (i) by inserting the following paragraph after paragraph (a): “(aa) in relation to a civil partnership registration or intended civil partnership registration, or the register of civil partnerships, means a registrar within the meaning of section 17,”, (ii) in paragraph (d), by substituting “,” for “, and”, and (iii) by substituting the following paragraphs for paragraph (e): “(e) in relation to a decree of nullity of marriage or the register of decrees of nullity of marriage, means the Courts Service, (f) in relation to a decree of dissolution, or the register of decrees of dissolution, means the Courts Service, and (g) in relation to a decree of nullity of a civil partnership or the register of decrees of nullity of civil partnerships, means the Courts Service,”. (2) Section 2(2) of the Act of 2004 is amended— (a) in paragraph (d), by substituting “,” for “, or”, (b) in paragraph (e) by substituting “sex, or” for “sex.”, and (c) by inserting the following paragraph after paragraph (e): “(f) one of the parties to the marriage is, or both are, already party to a subsisting civil partnership.”. (3) Section 2 of the Act of 2004 is amended by inserting the following subsection after subsection (2): “(2A) For the purposes of this Act, there is an impediment to a civil partnership registration if— (a) the civil partnership would be void by virtue of the Third Schedule, (b) one of the parties to the intended civil partnership is, or both are, already party to a subsisting civil partnership, (c) one or both of the parties to the intended civil partnership will be under the age of 18 years on the date of the intended civil partnership registration, (d) one or both of the parties to the intended civil partnership does not give free and informed consent, (e) the parties are not of the same sex, or (f) one of the parties to the intended civil partnership is, or both are, married.”. Amendment of section 8 of Act of 2004. 8.— Section 8(1) of the Act of 2004 is amended— (a) in paragraph (b), by inserting “of marriage” after “nullity”, (b) by inserting the following paragraphs after paragraph (b): “(bb) to extend the Civil Registration Service to civil partnership registration, wherever occurring in the State, (bbb) to extend the Civil Registration Service to decrees of dissolution and decrees of nullity of civil partnerships, wherever granted in the State,”, (c) in paragraph (e), by inserting “of marriage” after “nullity”, and (d) by inserting the following paragraphs after paragraph (e): “(ee) to establish and maintain registers and indexes for the purposes of the registration of civil partnerships, (eee) to establish and maintain registers and indexes for the purpose of the registration of decrees of dissolution of civil partnerships and of decrees of nullity of civil partnerships,”. Amendment of section 13 of Act of 2004. 9.— Section 13(1) of the Act of 2004 is amended— (a) in paragraph (f), by substituting “decrees of divorce),” for “decrees of divorce), and”, and (b) by substituting the following paragraphs for paragraph (g): “(g) a register of all decrees of nullity of marriage (which shall be known, and is referred to in this Act, as the register of decrees of nullity of marriage), (h) a register of all civil partnership registrations taking place in the State (which shall be known, and is referred to in this Act, as the register of civil partnerships), (i) a register of all decrees of dissolution (which shall be known, and is referred to in this Act, as the register of decrees of dissolution), and (j) a register of all decrees of nullity of civil partnerships (which shall be known, and is referred to in this Act, as the register of decrees of nullity of civil partnerships).”. Amendment of section 17 of Act of 2004. 10.— Section 17 of the Act of 2004 is amended— (a) in paragraph (1)(b), by substituting “deaths, marriages and civil partnerships” for “deaths and marriages”, and (b) in subsection (13), by substituting “, marriages and civil partnerships” for “and marriages”. Amendment of section 22 of Act of 2004. 11.— Section 22(3)(b) of the Act of 2004 is amended by inserting “of marriage” after “nullity”. Amendment of section 23 of Act of 2004. 12.— Section 23(3)(b) of the Act of 2004 is amended by inserting “of marriage” after “nullity”. Amendment of section 37 of Act of 2004. 13.— Section 37 of the Act of 2004 is amended by inserting “or civil partner” after “relative” wherever it occurs. Amendment of section 46 of Act of 2004. 14.— Section 46(7) of the Act of 2004 is amended by substituting “civil status” for “marital status”. Amendment of section 59 of Act of 2004. 15.— Section 59(2) of the Act of 2004 is amended by inserting “of marriage” after “nullity” wherever it appears. Insertion of new Part 7A of Act of 2004. 16.— The Act of 2004 is amended by inserting the following Part after section 59: “PART 7A Registration of Civil Partnerships Definitions (Part 7A). 59A.— In this Part— ‘ civil partnership registration form ’ means a form prescribed under section 59C; ‘ register ’ means the register of civil partnerships. Notification of civil partnerships. 59B.— (1) A civil partnership registered in the State, after the commencement of this section, between persons of any age shall not be valid in law unless the persons concerned— (a) notify any registrar in writing in a form for the time being standing approved by an tArd-Chláraitheoir of their intention to enter into a civil partnership not less than 3 months prior to the date on which the civil partnership is to be registered, and (b) attend at the office of that registrar, or at any other convenient place specified by that registrar, at any time during normal business hours not less than 5 days (or a lesser number of days that may be determined by that registrar) before that date and make and sign a declaration in his or her presence that there is no impediment to the registration of the civil partnership. (2) Notwithstanding paragraph (a) of subsection (1), the Circuit Court or the High Court may, on application to it by the persons wishing to enter into a civil partnership, order that the registration be exempt from that paragraph if the Court is satisfied, after a hearing held otherwise than in public, that there are serious reasons for the exemption and that the exemption is in the interests of those persons. (3) The jurisdiction conferred on the Circuit Court by this section shall be exercised by a judge of the circuit in which either of the parties to the intended civil partnership concerned ordinarily resides or carries on any profession, business or occupation or where the place at which the civil partnership concerned is intended to be registered is situate. (4) A court fee shall not be charged in respect of an application under subsection (2). (5) Except in the circumstances that may be prescribed, a notification referred to in paragraph (1)(a) shall be delivered by both of the parties to the intended civil partnership, in person, to the registrar. (6) The notification shall be accompanied by the prescribed fee and any other documents and information that an tArd-Chláraitheoir may specify. (7) The requirements specified in subsections (1) and (5) are declared to be substantive requirements for registering a civil partnership. (8) When, in relation to an intended civil partnership, a registrar receives a notification under paragraph (1)(a) and any other documents or information specified under subsection (6), he or she shall, as soon as reasonably practicable, notify in writing each of the parties to the intended civil partnership and the registrar who is to register the civil partnership of the receipt. (9) A notification under subsection (8) shall not be construed as indicating the registrar’s approval of the proposed civil partnership. (10) The registrar may require each party to an intended civil partnership to provide him or her with the evidence relating to that party’s forename, surname, address, civil status, age and nationality that an tArd-Chláraitheoir may specify. (11) An tArd-Chláraitheoir may, if so authorised by the Minister, publish, in the form and manner that the Minister may direct, notice of notifications of intended civil partnerships under subsection (1), but a notice under this subsection shall not contain the personal public service number of a party to the intended civil partnership. Civil partnership registration form. 59C.— (1) A registrar to whom a notification is given under section 59B, or who receives a copy of an exemption order under subsection (2) of that section, who is satisfied that that section has been complied with shall complete a civil partnership registration form for the intended civil partnership. (2) Before the registration of a civil partnership, the registrar shall give a copy of the civil partnership registration form to one of the parties to the intended civil partnership. (3) When the parties wish to register a civil partnership, one of them shall give the civil partnership registration form to the registrar who is to register the civil partnership for examination by him or her. (4) A civil partnership registration form is valid only for a period of 6 months from the date on which it is completed. If the parties do not register the civil partnership during that period and wish to have their civil partnership registered, they shall again comply with section 59B. (5) The Minister may prescribe the civil partnership registration form. Civil partnership registration. 59D.— (1) The parties shall orally make the declarations referred to in subsection (3), and sign the civil partnership registration form in the presence of each other, the registrar and two witnesses professing to be 18 years or over. The declarations shall be made and the signature of the civil partnership registration form shall be in a place that is open to the public, unless an tArd-Chláraitheoir or a superintendent registrar— (a) is satisfied on the basis of a certificate of a registered medical practitioner that one or both of the parties is too ill to attend at a place that is open to the public, and (b) gives approval to the registrar that signature of the form take place at another place chosen by the parties and agreed to by the registrar. (2) The registrar shall be satisfied that the parties understand the nature of the civil partnership and the declarations specified in subsection (3). (3) Each party to the civil partnership shall make the following declarations: (a) a declaration that he or she does not know of any impediment to the civil partnership registration; (b) a declaration of his or her intention to live with and support the other party; and (c) a declaration that he or she accepts the other party as a civil partner in accordance with the law. (4) The requirements of subsections (1) to (3) are declared to be substantive requirements for civil partnership registration. (5) The parties may, before signing the civil partnership registration form, take part in a ceremony in a form approved by an tArd-Chláraitheoir in which the declarations are made in a place open to the public and in the presence of the registrar and the witnesses. (6) (a) The witnesses shall sign the form after the parties to the civil partnership have done so, and the registrar shall countersign the form. (b) The parties’ civil partnership shall be taken to be registered upon the counter-signature of the registrar. (c) As soon as practicable after the signatures and counter-signature, the registrar shall give the parties a copy of the form referred to in paragraph (a), enter the particulars in relation to the civil partnership in the register and register the civil partnership in a manner that an tArd-Chláraitheoir may direct. (7) Where an tArd-Chláraitheoir is satisfied that a duly signed civil partnership registration form has been lost, destroyed or damaged, he or she may direct the appropriate registrar— (a) to complete another civil partnership registration form and arrange, insofar as it is practicable to do so, for its signature by the persons referred to in subsection (1), and (b) when it has been so signed, to enter the particulars in relation to the civil partnership specified in the form in the register and to register the civil partnership in a manner as an tArd-Chláraitheoir may direct. (8) The Minister may provide by regulations for the correction of errors in entries in the register and for the causing of corrected entries to be entered in the register and for the retention of the original entries in the register. (9) Where an tArd-Chláraitheoir is satisfied that an entry in the register relates to a civil partnership in relation to which section 59B(1) was not complied with (other than where there has been an exemption ordered under subsection (2) of that section)— (a) an tArd-Chláraitheoir shall direct a registrar to cancel the entry, (b) the registrar shall cancel the entry, and (c) an tArd-Chláraitheoir shall notify the parties. Places and times for registration of civil partnerships. 59E.— (1) A civil partnership may be registered only at a place and time chosen by the parties to the civil partnership with the agreement of the registrar and, if the place chosen is not the office of a registrar or a place referred to in section 59D(1)(b), the approval of the place by the Executive, and the question whether to give or withhold the approval, shall be determined by the Executive by reference to the matters that the Minister may specify. (2) Where a registrar registers a civil partnership at a place other than the office of a registrar, the parties shall pay to the registrar a fee in the amount that the Executive may determine. (3) When a registrar incurs travel or subsistence expenses in connection with registering a civil partnership at a place other than his or her office, the parties shall pay to the registrar an amount in respect of the expenses, calculated by reference to a scale that the Executive may draw up. (4) An amount payable under subsection (2) or (3) may be recovered by the registrar from the parties as a simple contract debt in any court of competent jurisdiction. Objections. 59F.— (1) A person may, at any time before a civil partnership registration, lodge with any registrar an objection in writing that contains the grounds on which the objection is based. (2) If the registrar who receives an objection under subsection (1) is not assigned to the same registration area as the registrar to whom the notification was given under section 59B (or, where there has been an exemption ordered under subsection (2) of that section, the registrar who is to register the civil partnership)— (a) the receiving registrar shall refer the objection to the Superintendent Registrar of the registration area to which the other registrar is assigned, (b) the Superintendent Registrar shall direct a registrar assigned to that area to perform the function conferred by this section on the receiving registrar, (c) the registrar who receives the direction shall comply with it, and (d) references in this section to the registrar who receives an objection shall be construed as references to the registrar who receives the direction and this section shall apply and have effect accordingly. (3) If the registrar who receives an objection under subsection (1) is satisfied that the objection relates to a minor error or misdescription in the relevant notification under section 59B which would not constitute an impediment to the civil partnership, the registrar shall— (a) notify the parties to the intended civil partnership registration of the objection, (b) make the appropriate enquiries, (c) if the civil partnership registration form has been given to one of the parties, request its return and correct it and the notification and make any necessary corrections to any other records relating to the civil partnership, and (d) give the corrected civil partnership registration form to one of the parties to the civil partnership. (4) If the registrar who receives an objection under subsection (1) believes that the possibility of the existence of an impediment to the intended civil partnership registration needs to be investigated, he or she shall refer the objection to an tArd-Chláraitheoir for consideration and, pending the decision of an tArd-Chláraitheoir, he or she shall— (a) notify the parties to the intended civil partnership registration that— (i) an objection has been lodged and the grounds on which it is based, (ii) the objection is being investigated, and (iii) the civil partnership registration will not proceed until the investigation is completed, (b) if the civil partnership registration form has not been issued, suspend its issue, (c) if the civil partnership registration form has been issued, request the party to the intended civil partnership registration to whom it was given to return it to the registrar, and (d) notify the proposed registrar of the civil partnership, if a different registrar is intended to register the civil partnership, that an objection is being investigated, and direct him or her not to register the civil partnership until the investigation is completed. (5) A registrar shall comply with a direction under paragraph (4)(d). (6) Where an objection is referred to an tArd-Chláraitheoir pursuant to subsection (4), he or she shall make a decision on the objection as soon as practicable. (7) In a case referred to in subsection (4), if an tArd-Chláraitheoir decides that no impediment to the intended civil partnership exists, he or she shall advise the registrar to that effect and the registrar shall— (a) notify the parties to the civil partnership that no impediment to the civil partnership exists, (b) issue or re-issue the civil partnership registration form to one of those parties, and (c) notify the person who lodged the objection that no impediment to the civil partnership exists. (8) In a case referred to in subsection (4), if an tArd-Chláraitheoir decides that there is an impediment to the intended civil partnership, he or she shall advise the registrar to that effect and of the reasons for the decision and the registrar shall— (a) notify the parties to the civil partnership— (i) that the registration of the civil partnership will not proceed, and (ii) of the decision of an tArd-Chláraitheoir and of the reasons for it, and (b) take all reasonable steps to ensure that the registration does not proceed. (9) If, notwithstanding the steps taken by the registrar pursuant to paragraph (8)(b), the civil registration proceeds, the entry in the register is invalid and any person who becomes aware of that entry into the register shall notify an tArd-Chláraitheoir of it. (10) When an tArd-Chláraitheoir becomes aware of an entry referred to in subsection (9)— (a) an tArd-Chláraitheoir shall direct a registrar to cancel the entry and notify the parties and the registrar who made the entry of the direction, and (b) the registrar shall comply with the direction and cancel the entry and ensure that the cancelled entry is retained in the register. (11) A party to a proposed civil partnership may appeal to the Circuit Court against the decision of an tArd-Chláraitheoir under subsection (8) in relation to the civil partnership. (12) The jurisdiction conferred on the Circuit Court by subsection (11) may be exercised by a judge of the circuit in which either of the parties to the intended civil partnership ordinarily resides or carries on any profession, business or occupation or the place at which civil partnership concerned had been intended to be registered is situate. (13) A person who has lodged an objection under subsection (1) may withdraw the objection, but an tArd-Chláraitheoir may, if he or she considers it appropriate to do so, investigate or complete his or her investigation of the objection and issue any directions to the registrar concerned in relation to the matter that he or she considers necessary. (14) An objection on the ground that the civil partnership would be void by virtue of the incapacity of one or both of the parties to give informed consent shall be accompanied by a certificate supporting the objection made by a registered medical practitioner. Where interpretation required. 59G.— If a party or a witness to a civil partnership registration does not have sufficient knowledge of the language of the registration to understand the registration documents or the declarations, the parties shall have an interpreter present who shall— (a) before the parties make the declarations, sign, in the presence of the registrar, a statement to the effect that the interpreter understands and is able to converse in the language in respect of which he or she is to act as interpreter and give the statement to the registrar, and (b) immediately after those declarations are made, give the registrar a signed certificate written in the language of the registration, to the effect that the interpreter has faithfully acted as interpreter. Effect of registration. 59H.— The parties to a registered civil partnership shall be taken to be civil partners of each other as soon as the registrar has countersigned the civil partnership form as required by section 59D(6)(a), regardless of whether the registrar has performed the actions required of him or her under section 59D(6)(c), and all duties and benefits that accrue to civil partners under the Act of 2010 or any other law accrue to them. Effect of this Part. 59I.— This Part shall have effect notwithstanding any statutory provision that conflicts with it.”. Insertion of new Part 7B of Act of 2004. 17.— The Act of 2004 is amended by inserting the following Part before section 60: “PART 7B Registration of Decrees of Dissolution of Civil Partnership and Decrees of Nullity of Civil Partnership Registration of decrees of dissolution and decrees of nullity of civil partnership. 59J.— (1) When a court grants a decree of dissolution, an officer of the Courts Service authorised in that behalf by the Courts Service shall, as soon as may be, enter or cause to be entered in the register of decrees of dissolution of civil partnership the particulars in relation to the matter set out in Part 6A of the First Schedule. (2) When a court grants a decree of nullity of civil partnership, an officer of the Courts Service authorised in that behalf by the Courts Service shall, as soon as may be, enter or cause to be entered in the register of decrees of nullity of civil partnership the particulars in relation to the matter set out in Part 7A of the First Schedule. (3) An officer of the Courts Service authorised in that behalf by the Courts Service may amend or cancel or cause to be amended or cancelled an entry in the register referred to in subsection (1) or (2). (4) The Courts Service shall notify an tArd-Chláraitheoir of an amendment or cancellation under subsection (3). (5) This section has effect notwithstanding any statutory provision that conflicts with it.”. Amendment of section 60 of Act of 2004. 18.— Section 60(1) of the Act of 2004 is amended— (a) in paragraph (a), by substituting “death, marriage or civil partnership” for “death or marriage”, and (b) by inserting “, the parties to the civil partnership” before “or the person”. Amendment of section 64 of Act of 2004. 19.— Section 64 of the Act of 2004 is amended by inserting the following subsections after subsection (7): “(8) If an tArd-Chláraitheoir is satisfied that an entry in the register of civil partnerships relates to a civil partnership of a class referred to in subsection (9)— (a) an tArd-Chláraitheoir shall direct a registrar to cancel the entry and notify the parties to the civil partnership and the registrar who registered it of the direction, and (b) the registrar shall comply with the direction and ensure that the cancelled entry is retained in the register. (9) The classes referred to in subsection (8) are: (a) a civil partnership, as respects which one or more of the requirements specified in subsections (1) and (5) of section 59B were not complied with (other than where there has been an exemption ordered under subsection (2) of that section); and (b) a civil partnership to which there was an impediment within the meaning of section 2(2A).”. Amendment of section 65 of Act of 2004. 20.— Section 65(1)(a) of the Act of 2004 is amended by substituting “death, marriage or civil partnership”, for “death or marriage”. Amendment of section 66 of Act of 2004. 21.— Section 66(1) of the Act of 2004 is amended by substituting “marriages, civil partnerships, decrees of divorce, decrees of nullity of marriage, decrees of dissolution or decrees of nullity of civil partnership” for “marriages, decrees of divorce, or decrees of nullity”. Amendment of section 69 of Act of 2004. 22.— Section 69 of the Act of 2004 is amended— (a) in subsection (4), by inserting “, civil partnership” after “marriage”, (b) by inserting the following subsection after subsection (9): “(9A) A registrar who, without reasonable cause, fails or refuses to give a civil partnership registration form to one of the parties to an intended civil partnership in respect of which he or she has received a notification under section 59B(1)(a), or a copy of an exemption order under section 59B(2), commits an offence.”, (c) in subsection (10)— (i) by inserting the following paragraph after paragraph (f): “(fa) registers or is a party to a civil partnership in respect of which, to his or her knowledge, subsection (1) or (5) of section 59B is not complied with, (other than where there has been an exemption ordered under subsection (2) of that section),”, (ii) by inserting in paragraph (h) “or 59F” after “58”, (iii) by inserting in paragraph (i) “, or 59B(1)(b)” after “46(1)(b)”, (iv) by substituting in paragraph (i), “false or misleading,” for “false or misleading, or”, (v) by substituting in paragraph (j) “form, or” for “form,”, and (vi) by inserting the following paragraph after paragraph (j): “(k) not being a registrar, deletes or alters information in relation to the parties to a civil partnership on a civil partnership registration form,”. Amendment of section 70 of Act of 2004. 23.— Section 70(2) of the Act of 2004 is amended by substituting “(9), (9A),” for “(9),”. Amendment of section 73 of Act of 2004. 24.— Section 73 of the Act of 2004 is amended— (a) in subsection (1)— (i) by inserting the following paragraph after paragraph (d): “(dd) civil partnerships,”; (ii) by inserting “of marriage” after “nullity” in paragraph (f); (iii) by inserting the following paragraphs after paragraph (f): “(ff) decrees of dissolution, (fff) decrees of nullity of civil partnership,”, (b) in paragraph (3)(a), by inserting “of marriage, civil partnership, decree of dissolution, decree of nullity of civil partnership,” after “nullity” wherever it appears, and (c) in subsection (7), by inserting “of marriage, civil partnership, decree of dissolution, decree of nullity of civil partnership,” after “nullity”. Amendment of First Schedule to Act of 2004. 25.— The First Schedule to the Act of 2004 is amended— (a) by substituting “civil status” for “marital status” wherever it appears, (b) in Part 5, by substituting “If deceased was married or a civil partner, the profession or occupation of spouse or civil partner.” for “If deceased was married, the profession or occupation of spouse.”, (c) by inserting the following Part after Part 6: “PART 6A Section 59J . Particulars to be Entered in Register of Dissolutions Court by which the decree was granted. Year and record number of the proceedings. Forenames, surnames and birth surnames of the parties to the proceedings. Personal public service numbers of the parties to the proceedings. Date and place of civil partnership registration. Date of the decree. Date of registration of the decree. Forenames and surname of officer of Courts Service.”, (d) by inserting “of Marriage” at the end of the title to Part 7, and (e) by inserting the following Part after Part 7: “PART 7A Particulars to be Entered in Register of Decrees of Nullity of Civil Partnership Section 59J . Court by which the decree was granted. Year and record number of the proceedings. Forenames, surnames and birth surnames of the parties to the proceedings. Personal public service numbers of the parties to the proceedings. Date and place of civil partnership registration. Declaration of court. Date of the decree. Date of registration. Forenames and surname of officer of Courts Service.”. New Third Schedule to Act of 2004. 26.— The Act of 2004 is amended by inserting the following Schedule after the Second Schedule: “THIRD SCHEDULE Prohibited Degrees of Relationship Section 2 . A person may not enter a civil partnership with someone within the prohibited degrees of relationship, as set out in the table below. Relationships within that table should be construed as including relationships in the half-blood (e.g. sibling includes a sibling where there is only one parent in common, etc.), and all the relationships include relationships and former relationships by adoption. A man may not enter a civil partnership with his: A woman may not enter a civil partnership with her: Grandfather Grandmother Grandparent’s brother Grandparent’s sister Father Mother Father’s brother Mother’s sister Mother’s brother Father’s sister Brother Sister Nephew Niece Son Daughter Grandson Granddaughter Grandnephew Grandniece ”. PART 4 Shared Home Protection Interpretation. 27.— In this Part— “ conduct ” includes an act and a default or other omission; “conveyance” includes a mortgage, lease, assent, transfer, disclaimer, release, another disposition of property otherwise than by a will or a donatio mortis causa, and an enforceable agreement, whether conditional or unconditional, to make one of those conveyances; “dwelling” means a building or part of a building occupied as a separate dwelling and includes— (a) a garden or other land usually occupied with the building that is subsidiary and ancillary to it, is required for amenity or convenience and is not being used or developed primarily for commercial purposes, (b) a structure that is not permanently attached to the ground, and (c) a vehicle or vessel, whether mobile or not, occupied as a separate dwelling; “interest” means any estate, right, title or other interest, legal or equitable; “mortgage” includes an equitable mortgage, a charge on registered land and a chattel mortgage; “rent” includes a conventional rent, a rentcharge within the meaning of section 2(1) of the Statute of Limitations 1957 and a terminable annuity payable in respect of a loan for the purchase of a shared home; “shared home” means— (a) subject to paragraph (b), a dwelling in which the civil partners ordinarily reside; and (b) in relation to a civil partner whose protection is in issue, the dwelling in which that civil partner ordinarily resides or, if he or she has left the other civil partner, in which he or she ordinarily resided before leaving. Alienation of interest in shared home. 28.— (1) Where a civil partner, without the prior consent in writing of the other civil partner, purports to convey an interest in the shared home to a person except the other civil partner, then, subject to subsections (2), (3), and (8) to (14) and section 29 , the purported conveyance is void. (2) Subsection (1) does not apply to a conveyance if it is made by a civil partner in pursuance of an enforceable agreement made before the civil partners’ registration of their civil partnership. (3) A conveyance is not void by reason only of subsection (1) if— (a) it is made to a purchaser for full value, (b) it is made by a person other than the civil partner to a purchaser for value, or (c) its validity depends on the validity of a conveyance in respect of which a condition mentioned in subsection (2) or paragraph (a) or (b) is satisfied. (4) If any question arises in any proceedings as to whether a conveyance is valid by reason of subsection (2) or (3), the burden of proving the validity is on the person alleging it. (5) In subsection (3), “full value” means value that amounts or approximates to the value of that for which it is given. (6) In this section, “purchaser” means a grantee, lessee, assignee, mortgagee, chargeant or other person who in good faith acquires an estate or interest in property. (7) For the purposes of this section, section 3 of the Conveyancing Act 1882 shall be read as if the words “as such” wherever they appear in paragraph (ii) of subsection (1) of that section were omitted. (8) Subject to subsection (9), proceedings may only be instituted to have a conveyance declared void by reason only of subsection (1) if they are instituted before the expiration of 6 years from the date of the conveyance. (9) Proceedings referred to in subsection (8) may be instituted by a civil partner …