HOUSE OF KEYS Y Chiare as Feed. ORDER PAPER Claare Obbyr

Transcription

1 PP 2016/0029 HOUSE OF KEYS Y Chiare as Feed 1. Questions for Oral Answer ORDER PAPER Claare Obbyr DOUGLAS Tuesday 23 rd February am 1. The Hon. Member for Onchan (Mr Karran) to ask the Minister for Infrastructure What disciplinary action will arise as a result of the Public Accounts Committee recent Report into the dredging of Peel Harbour? 2. The Hon. Member for Onchan (Mr Karran) to ask the Minster for Infrastructure Whether easyjet Airbus aircraft will be able to fly to and from the Isle of Man in the event of the extension to the runway being closed? 3. The Hon. Member for Onchan (Mr Karran) to ask the Minster for Infrastructure How much public money, including from the Ronaldsway Refurbishment Fund, has been used to redevelop the old flying club building in Derbyhaven; how soon a return will be seen on the investment; and whether the opportunity to use the building for a commercial purpose was advertised?

2 4. The Hon. Member for Douglas South (Mrs Beecroft) to ask the Minister for Policy and Reform How many people will not be able to be a part of digital inclusion; and what consideration he has given to ascertain accessibility and inclusivity as part of the census? 5. The Hon. Member for Douglas West (Mr Thomas) to ask the Minister for Environment, Food and Agriculture Why there is an increasing number of petitions of doleance taken out against the Isle of Man Government in relation to planning? 6. The Hon. Member for Douglas West (Mr Thomas) to ask the Minister for Environment, Food and Agriculture What he has decided regarding the retrospective planning application for Druidale Pond (15/00252/B); and what planning enforcement action he has taken or is planning to take? 7. The Hon. Member for Douglas West (Mr Thomas) to ask the Minister for Environment, Food and Agriculture When he will decide the Quarterbridge House planning application (PA 14/01370/A AP15/0031); and if he will make a statement in respect of the report and recommendations received from the Independent Planning Inspector regarding this application? 8. The Hon. Member for Onchan (Mr Karran) to ask the Chairman of Manx Utilities Authority If the Isle of Man were to adopt the current EU 2006 Bathing Water Directive Standards, what work would be necessary to bring the Meary Veg Sewage Works up to those standards and how much this would cost; and how much work would need to be done to the regional sewage works and at what cost? 9. The Hon. Member for Onchan (Mr Karran) to ask the Chairman of Manx Utilities Authority What plans he has to lower electricity prices to reflect the drop in oil and gas prices which are fuel for the generating station? 2 PP 2016/0029

3 10. The Hon. Member for Douglas West (Mr Thomas) to ask the Minister for Environment, Food and Agriculture What plans he has to change the Protected Buildings Register status of Castle Mona (b) Lorne House and Grounds and (c) the Nunnery Mansion and other Estate Buildings? 11. The Hon. Member for Douglas North (Mr Houghton) to ask the Minister for Environment, Food and Agriculture What the purpose was of contracting J.B.A. consultants for work on a national strategy for sea defences and coastal erosion; why the professional staff in Government have not been properly utilised; and how much the J.B.A. contract costs and what Department is meeting this cost? 12. The Hon. Member for Malew and Santon (Mr Cregeen) to ask the Minister for Environment, Food and Agriculture How many cases of equine strangles have been recently reported to the Department; and what measures the Department has put in place to prevent further cases? 2. Questions for Written Answer 1. The Hon. Member for Douglas West (Mr Thomas) to ask the Chief Minister When, how and by whom the Inspector s April 2015 recommendation to designate the whole Nunnery Estate as a Conservation Area will be decided? 2. The Hon. Member for Douglas West (Mr Thomas) to ask the Chief Minister When, how and by whom the April 2015 request to extend the Selborne Drive Conservation Area will be decided? 3. The Hon. Member for Douglas South (Mrs Beecroft) to ask the Minister for Policy and Reform Whether the machines that are proposed to be exempted under the Gaming Order will still be subject to Manx Gaming Duty? 4. The Hon. Member for Douglas West (Mr Thomas) to ask the Minister for Environment, Food and Agriculture If he will list the planning decisions which were the subject of petitions of doleance taken out in the last five years, providing information for each case of the issues involved, the court reference and the outcome? 3 PP 2016/0029

4 5. The Hon. Member for Douglas South (Mrs Beecroft) to ask the Minister for Health and Social Care How many relief staff who provide services to adults have a full time contract and (b) a part time contract? 6. The Hon. Member for Douglas South (Mrs Beecroft) to ask the Minister for Health and Social Care Whether a review of services for adults is within the terms of reference of West Midlands Quality Review Services; if so, when this will take place; and, if not, why services for adults are not included in the programme of reviews? 3. Bill for First Reading 3.1 Local Government and Building Control (Amendment) Bill Consideration of Clauses 4.1 Concessionary Travel Schemes Bill Preferential Payments Bill 2016 Tabled Amendments Mr Gawne Mr Gawne Mr Teare Substitution of Long Title Insertion of New Subsections Mr Watterson Mr Watterson 4 PP 2016/0029

5 4.3 Town and Country Planning (Amendment) Bill 2016 Mr Ronan Tabled Amendments Amendment to Long Title Substitution of Clause 4 Omission of old Clause 7 Amendment of old Clause 7 Amendments to old Clause 9 New Clause Schedule 1A New Clauses 4 and 5 Omission of Old Clauses 4, 5 and 6 New Clause 6 Substitution of old Clause 7 Part 4A inserted Amendments to old Clause 9 Mr Thomas Mr Thomas Mr Thomas Mr Thomas Mr Thomas Mr Thomas Mr Thomas Mr Karran Mr Karran Mr Karran Mr Karran Mr Karran Mr Karran 5 PP 2016/0029

6 4.4 Marriage (Same Sex Couples) Bill 2016 Mr Bell Tabled Amendments Amendment to Clause 27 Amendment to Schedule 3 Amendment to Schedule 3 Amendment to the Long Title Amendment to Clause 1 Amendments to Schedule 3 Mr Houghton Mr Houghton Mr Karran Mr Singer Mr Singer Mr Singer Unless the House otherwise determines, the above business will be considered in the order shown. Roger Phillips Secretary of the House 6 PP 2016/0029

7 PREFERENTIAL PAYMENTS (AMENDMENT) BILL 2016 Mr Watterson to move CONSIDERATION OF CLAUSES SUBSTITUTION OF LONG TITLE 1. For the long title substitute A BILL to amend the Preferential Payments Act 1908 so as to provide that half of the money available to satisfy debts shall be paid to certain creditors; that amounts owing by debtors in respect of certain deposits are preferential debts for the purposes of that Act; and for connected purposes.. INSERTION OF NEW SUBSECTIONS 2. On page 3, after line 8 insert the following «(2) In section 3 (order of payment when priorities to be ascertained), before subsection (1) insert (A1) Where debts are payable in accordance with the priority of creditors half of the money available to satisfy any debts shall be paid to creditors other than (i) (ii) (iii) (iv) the Crown; a Department; a Statutory Board; or a local authority or joint board (within the meaning of the Local Government Act 1985); (b) but the remainder shall be paid in accordance with the order specified in subsection (1). (3) In subsection (1) for Where debts are payable in accordance with the priority of creditors, the following debts shall be paid in priority to all other debts, and according to the following order substitute For the purposes of subsection (A1)(b) the order is as follows.» 3. On page 3, line 9, renumber subsection (2) as subsection (4). 4. On page 3, line 21, renumber subsection (3) as subsection (5). 7 PP 2016/0029

8 TOWN AND COUNTRY PLANNING (AMENDMENT) BILL 2016 Mr Thomas to move CONSIDERATION OF CLAUSES AMENDMENT TO LONG TITLE 1. Page 7 line 1 after Act 1999 insert by establishing a planning committee and providing for its constitution; by specifying the matters which may be delegated to the Planning Committee;. SUBSTITUTION OF CLAUSE 4 2. Leave out everything from the beginning of line 21 on page 7 to end of line 12 on page 9 and substitute 4 Planning committee and determination of planning applications sections 10A and 10B inserted «10A Planning committee (1) There is established a body by the name of the planning committee (the planning committee ). (2) The planning committee must consist of between 5 and 7 persons appointed by the Council of Ministers, subject to the approval of Tynwald. (3) The Council of Ministers may appoint a person to be the chair of the planning committee. (4) If the Council of Ministers does not appoint a person under subsection (3), the planning committee must elect one of its number to be the chair of the committee. (5) A person elected under subsection (4) holds office at the pleasure of the planning committee. (6) Proceedings of the planning committee must be conducted in public and persons appearing to the committee to have a legitimate interest in a planning application being considered by the committee at a meeting must be permitted to speak at that meeting of the committee. 8 PP 2016/0029

9 (7) The planning committee must publish a notice in two newspapers published and circulating in the Island at least 7 days before a meeting of the committee is to take place (b) specifying the date, time and place of the meeting; and setting out details of the planning applications to be considered at the meeting. (8) Subject to this section, the Council of Ministers must, by order, provide for (b) (c) the terms of office of members of the planning committee; termination of membership of the planning committee; and the proceedings and procedure of the planning committee. (9) Schedule 1A (transitional provision in connection with the creation of the planning committee) has effect. 10B Department s power to delegate (1) This section applies to the following functions conferred on the Department (b) dealing with applications for planning approval under the following provisions of Part 2 (Development Control) or the provisions of a development order or a development procedure order as it relates to that provision of Part 2 (i) section 8(2), (ii) section 8(2A); (iii) section 8(4); (iv) section 8(5); (v) section 8(6A); (vi) section 10(1); (vii) section 10(2); (viii) section 10(3); (ix) (x) section 10(6)(d); section 10(6)(e); dealing with applications for registered building consent under regulations made for the purposes of section 15 (control of works affecting registered building); 9 PP 2016/0029

10 (c) (d) (e) giving consent under section 19(3) (demolition in conservation areas) for the demolition of buildings to which that section applies; dealing with applications for consent as mentioned in section 22(2)(b) (controlling display of advertisements) under regulations made for the purpose of section 22; giving consent to the use of advertisements under regulations made for the purposes of section 35(1); and (f) dealing with applications to change conditions under paragraph 3 of Schedule 3 (variation or discharge of conditions of registered building consent). (2) In this section (b) a reference to a function under provision of the Act mentioned in subsection (1) includes a reference to a function arising under secondary legislation made under that provision; and the functions mentioned in subsection (1) (as read with paragraph of this subsection) are referred to in this section as the relevant functions. (3) The power of the Minister under section 3(2) of the Government Departments Act 1987 to authorise another person to act in the Minister s place includes power for the Minister to delegate any or all of the relevant functions to the planning committee. (4) Any delegation under subsection (3) may set out conditions subject to which, and circumstances in which, the delegated functions may be performed. (5) Any delegation under subsection (3) and any conditions subject to which, and circumstances in which, the delegated functions may be performed must be published by the Minister. (6) In relation to a matter to which this section applies, if the context requires it, a reference to the Department in this Act, or a public document made under this Act, is to be construed as being, or including, a reference to the planning committee. (7) In dealing with matters delegated to it under subsection (3), the planning committee must have regard to any matter to which the Department is required to have regard under the Act, including (but not limited to) section 10(4) (Department must have regard to material matters;) 10 PP 2016/0029

11 (b) (c) (d) section 16(3) (Department must have regard to preservation of special features of buildings); section 18(4) (preservation or enhancement of conservation area); and section 22(1) (Department may regulate advertisements in the interests of amenity or public safety). (8) Subsection (6) does not limit the operation of subsection (5).» OMISSION OF OLD CLAUSE 7 3. Omit from line 13 on page 9 to line 37 on page 13. AMENDMENT OF OLD CLAUSE 7 4. Page 9, in lines 20 and 21 for an officer of the Department substitute a person. 5. Page 9, line 23 for an officer of the Department substitute a person. AMENDMENTS TO OLD CLAUSE 9 6. Page 14, omit line 10 (definition of authorised decision maker ). 7. Page 14, line 13, for 39D substitute «10A». 8. Page 14, line 22, for 39D substitute «10A». 9. Page 14 after line 23 insert NEW CLAUSE 11 PP 2016/0029

12 [NC1 1 ] Planning Committee transition Schedule 1A inserted After Schedule 1 insert the following Schedule «SCHEDULE 1A PLANNING COMMITTEE TRANSITIONAL PROVISIONS 1 Definitions for this Schedule In this Schedule [Section 10A(9)] existing planning committee means the body of persons known as the Planning Committee to which the functions of the Department in determining applications for planning approval under the Town and Country Planning Act 1999 and any orders or regulations made under that Act were delegated immediately before the enactment of the Town and Country Planning (Amendment) Act 2016; and new planning committee means the planning committee established under section 10A. 2 Existing planning committee taken to be new planning committee (1) On and after the commencement of section 10A, the existing planning committee is taken to be the new planning committee. (2) A person who immediately before the commencement of that section was appointed to the existing planning committee is to be treated as having been appointed to the new planning committee on the same terms and conditions as applied immediately before that commencement. (3) This paragraph does not prevent the terms and conditions being varied after that commencement. (4) A reference in any enactment or document in force or created before the commencement of section 10A to the existing planning committee is to be taken to be a reference to the new planning committee. 1 Precise numbering of this new clause will depend upon success of earlier amendments. 12 PP 2016/0029

13 3 Transitional provision about existing applications (1) This paragraph applies if an application under the Town and Country Planning Act 1999 was made before the commencement of section 10A; and (b) the application is to be determined by the existing planning committee. (2) The application may, on or after commencement of section 10A, be determined by the new planning committee in the same way as it would have been determined by the existing planning committee. 4 Transitional provision about existing consents and determinations On and after the commencement of section 10A, planning approval, consent or other determination under the Town and Country Planning Act 1999 given by the existing planning committee continues to have effect as if it had been given by the new planning committee.».. Renumber clauses of the Bill and adjust cross references accordingly. 13 PP 2016/0029

14 TOWN AND COUNTRY PLANNING (AMENDMENT) BILL 2016 Mr Karran to move CONSIDERATION OF CLAUSES 10. Page 7, after line 20 insert NEW CLAUSES 4 AND 5 «4 Development orders section 8 amended (1) Section 8 (development orders) is amended as follows. (2) After subsection (4) insert «(4A) Planning approval granted by a development order must be granted subject to such conditions or limitations specified in the order as the Cabinet Office considers appropriate in order to ensure public safety.». 5 Section 8A inserted payment of compensation After section 8 insert «8A Regulations to allow for payment of compensation (1) If the value of a person s interest in any land is decreased as a result of development by or on behalf of an operator of a telecommunication system (whether under the terms of a development order or otherwise), that person may claim compensation from the operator in accordance with regulations made by the Council of Ministers. (2) Regulations made under subsection (1) may prescribe the qualifying interests in land which entitle the holders of such interests to claim compensation; (b) set out the procedure to be followed to claim compensation; (c) (d) provide for how the amount of compensation is to be determined; specify who is to determine the amount of compensation; 14 PP 2016/0029

15 (e) (f) (g) specify how questions of disputed compensation are to be determined; provide for the award of costs; provide for appeals against awards of compensation.».». OMISSION OF OLD CLAUSES 4, 5 AND Omit from line 21 on page 7 to line 12 on page Page 9, after line 12 insert NEW CLAUSE 6 «6 Section 17A - appointment of conservation officer The Department must appoint a conservation officer who will have such duties as the Department may assign to him or her.» SUBSTITUTION OF OLD CLAUSE From line 13 on page 9 to line 37 on page 13 substitute «7 The Planning Committee Part 4A inserted (1) After Part 4 (enforcement of control) insert «PART 4A THE PLANNING COMMITTEE Planning Committee 39B Determination by planning committee (1) The following functions conferred on the Department are delegated to the planning committee dealing with applications for planning approval under the following provisions of Part 2 (Development Control) or the provisions of a development order or a development procedure order as it relates to that provision of Part 2 (i) section 8(2); (ii) section 8(2A); 15 PP 2016/0029

16 (b) (iii) section 8(4); (iv) section 8(5); (v) section 8(6A); (vi) section 10(1); (vii) section 10(2); (viii) section 10(3); (ix) (x) section 10(6)(d); section 10(6)(e); dealing with applications for registered building consent under regulations made for the purposes of section 15 (control of works affecting registered building); (c) giving consent under section 19(3) (demolition in conservation areas) for the demolition of buildings to which that section applies; (d) (e) dealing with applications for consent as mentioned in section 22(2)(b) (controlling display of advertisements) under regulations made for the purposes of section 22; dealing with applications to change conditions under paragraph 3 of Schedule 3 (variation or discharge of conditions of registered building consent). (2) In relation to the functions referred to in subsection (1), if the context requires it, a reference to the Department in this Act, or a public document made under this Act, is to be construed as being, or including, a reference to the planning committee. For the sake of clarity, this subsection does not apply to section 41 (register of applications) or 43 (rights of entry). (3) In dealing with the matters delegated to it under subsection (1), the planning committee must have regard to any matter to which the Department is required to have regard under the Act, including (but not limited to) section 10(4) (Department must have regard to material matters); (b) section 16(3) (Department must have regard to preservation of special features of buildings); (c) section 18(4) (preservation or enhancement of conservation area); and 16 PP 2016/0029

17 (d) section 22(1) (Department may regulate advertisements in the interests of amenity or public safety). (4) Subsection (3) does not limit the operation of subsection (2). (5) The planning committee may not sub-delegate powers or functions delegated to it under this section, subject to subsection (6). (6) Subsection (5) does not prevent the planning committee (b) (i) (ii) authorising a person to sign a notice communicating a decision of the planning committee on a matter delegated to it under subsection (1); or approving an application for planning approval, subject to the Department entering into an agreement under section 13, within such period as the planning committee may specify, with a person interested in the land; or the Department from determining an application for registered building consent which is directly linked to the subject-matter of the proposed section 13 agreement. 39C Planning committee (1) Subject to this section, the Council of Ministers must, by order ( the constitution order ), constitute a committee (the planning committee ) to which functions are delegated under section 39B. (2) The constitution order must specify the powers and functions of the planning committee in relation to those delegated functions. (3) The constitution order may in particular provide for (b) (c) (d) the constitution of the committee; the terms of office of members of the committee; termination of membership of the committee; and committee proceedings and procedure. (4) The Council of Ministers may appoint a person (who may, but need not, be an existing member of the planning committee) to be the chair of the committee. (5) If the Council of Ministers does not appoint a person under subsection (4), at the first meeting following the appointment of 17 PP 2016/0029

18 new members to the committee, the committee must elect one of its number to be the chair of the committee. (6) A person elected under subsection (5) holds office at the pleasure of the planning committee. (7) The Council of Ministers must appoint the members of the planning committee. 39D Powers to delegate not affected If the circumstances require it, section 39B does not prevent (b) the delegation of functions under section 21 of the Interpretation Act 1976 to a person other than the planning committee; or the authorisation of the exercise of functions under section 3 of the Government Departments Act 1987 by a person other than the planning committee. Transitional provisions for this Part 39E 39F Definitions for sections 39F to 39H In sections 39F to 39H existing planning committee means the body of persons known as the Planning Committee to which the functions of the Department in determining applications for planning approval under the Town and Country Planning Act 1999 and any orders or regulations made under that Act were delegated immediately before the enactment of the Town and Country Planning (Amendment) Act 2016; and new planning committee means the planning committee established under section 39C. Existing planning committee taken to be new planning committee (1) On and after the commencement of this Part, the existing planning committee is taken to be the new planning committee. (2) A person who immediately before the commencement of this Part was appointed to the existing planning committee is to be treated as having been appointed to the new planning committee on the same terms and conditions as applied immediately before that commencement. 18 PP 2016/0029

19 (3) This section does not prevent the terms and conditions being varied after that commencement. (4) A reference in any enactment or document in force or created before the commencement of this Part to the existing planning committee is to be taken to be a reference to the new planning committee. 39G Transitional provision about existing applications (1) This section applies if (b) an application under the Town and Country Planning Act 1999 was made before the commencement of this Part; and the application is to be determined by the existing planning committee. (2) The application may, on or after commencement of this Part, be determined by the new planning committee in the same way as it would have been determined by the existing planning committee. 39H Transitional provision about existing consents and determinations On and after the commencement of this Part, planning approval, consent or other determination under the Town and Country Planning Act 1999 given by the existing planning committee continues to have effect as if it had been given by the new planning committee.». (2) On the coming into operation of section 80 of the Interpretation Act 2015 for paragraph of section 39D (inserted by subsection (1) above) substitute «the appointment of a deputy, in accordance with section 80 of the Interpretation Act 2015, to perform any planning functions of the Minister instead of the planning committee;».». AMENDMENTS TO OLD CLAUSE Page 14, omit line 10 (definition of authorised decision maker ). 15. Page 14, line 13, for 39D substitute «39C». 16. Page 14, line 22, for 39D substitute «39C». 19 PP 2016/0029

20 Renumber clauses of the Bill and adjust cross references accordingly. 20 PP 2016/0029

21 MARRIAGE (SAME SEX COUPLES) BILL 2016 Mr Houghton to move CONSIDERATION OF CLAUSES AMENDMENT TO CLAUSE Page 25, line 7, after consequential insert and incidental. 18. Page 25, line 8, after consequential insert and incidental. In consequence of this amendment the heading to Schedule 3 becomes Consequential and incidental amendments to other Acts. AMENDMENT TO SCHEDULE Page 37, immediately before paragraph 1 insert the following paragraph 1 Civil Registration Act 1984 amended After section 2 of the Civil Registration Act 1984 insert 2A Right of registrars to opt out (1) A registrar may, by notice in writing given to the Chief Registrar, opt out of conducting same sex marriage ceremonies. No registrar shall suffer detriment for opting out, subject to subsection (3). (2) No applicant for appointment as a registrar shall be refused that appointment simply because the applicant will wish to opt out of conducting same sex marriage ceremonies, subject to subsection (3). (3) The Chief Registrar must maintain a reserve list of registrars, who are prepared to conduct same sex marriage ceremonies, and must indicate the existence of the list in any advertisement relating to the appointment of registrars (and whether a post being advertised is only for a candidate who is prepared to be entered on the reserve list). 21 PP 2016/0029

22 This is subject to subsection (4). (4) A post may not be advertised as being only for a candidate prepared to be entered on the reserve list if, at that time, more than 50% of existing registrars are already entered on it. (5) Subsection (1) applies to the Chief Registrar as it applies to registrars, save that in the case of the Chief Registrar the notice must be given to the Clerk of the Rolls.. Renumber succeeding paragraphs and adjust cross references accordingly. 20. Page 38, after paragraph 3 insert 4 Public Order Act 1998 amended In section 8 of the Public Order Act 1998 after subsection (1) insert (1A) To avoid doubt, the mere discussion of, expression of disagreement with, or opposition to the Marriage (Same Sex Couples) Act 2016 or to same sex marriage is not of itself to be taken to be insulting, abusive or threatening conduct, or an act that constitutes harassment, annoyance, alarm or distress.. Renumber succeeding paragraphs and adjust cross-references accordingly. 21. Page 38 after paragraph 3 (and the paragraph inserted by the preceding amendment if successful) insert the following paragraph X 2 Education Act 2001 amended (1) The Education Act 2001 is amended as follows. (2) After section 14 (but before the cross-heading Admission, etc. of pupils) insert Teaching about same sex marriage 14A Teaching about same sex marriage Nothing in the Marriage (Same Sex Couples) Act 2016 is to be taken 2 X represents the paragraph number (which will be dependent upon the earlier amendments). 22 PP 2016/0029

23 (b) (c) (d) to require a teacher at an independent or maintained school to teach about same sex marriage if same sex marriage is contrary to (i) (ii) the tenets of the religion or of the religious denomination in accordance with which education is or may be required to be provided at the school; or the religious, philosophical or other beliefs of the teacher; to prevent a teacher falling within paragraph from expressing the tenets of that religion, denomination or belief; to require a teacher at a provided school to teach about same sex marriage if same sex marriage is contrary to the religious, philosophical or other belief of that teacher; or to prevent a teacher a provided school from expressing the tenets of that belief in relation to same sex marriage. 14B Parents rights in relation to teaching about same sex marriage (1) If the parent of any pupil requests that the pupil be excused from attendance at any lesson where same sex marriage is being taught then, until the request is withdrawn, the pupil shall be excused from such attendance. (2) The responsible body in relation to a school must secure that, if teaching about same sex marriage is, or may be, included in the curriculum, give notice to every parent of a pupil at the school of the parent s right to request that the pupil be excused from such teaching under subsection (1). (3) For the purposes of this section the responsible body is (b) in the case of an independent school, the proprietor; in the case of a maintained or provided school, the governing body.. Renumber the succeeding paragraph and adjust cross-references accordingly. 23 PP 2016/0029

24 MARRIAGE (SAME SEX COUPLES) BILL 2016 Mr Karran to move CONSIDERATION OF CLAUSES AMENDMENT TO SCHEDULE In paragraph 4 after subparagraph (1) insert «(2) In section 3 after subsection (2) insert (2A) No-one may be registered in the Island as the civil partner of another person after the coming into operation of this subsection. (2B) For the sake of clarity, subsection (2A) does not (b) affect the validity of an existing civil partnership; preclude the recognition of any relevant relationship as a civil partnership; or (c) otherwise affect the operation of this Act in relation to (i) (ii) an existing civil partnership which is formed in the Island; or a relevant relationship.». 24 PP 2016/0029

25 MARRIAGE (SAME SEX COUPLES) BILL 2016 Mr Singer to move CONSIDERATION OF CLAUSES AMENDMENT TO THE LONG TITLE 23. In the long title, after same sex couples, insert for civil partnerships of opposite sex couples,. 24. Page 9, for line 6 substitute AMENDMENT TO CLAUSE 1 «The short title of this Act is the Marriage and Civil Partnership (Amendment) Act 2016.». AMENDMENTS TO SCHEDULE 3 Insertion of new paragraph 25. After paragraph 3 insert the following paragraph 4 Disability Discrimination Act 2006 amended For the definition of partner in section 8(7) (exemption for small dwellings) substitute «partner means the other member of a couple comprising two persons who are neither married to each other, nor civil partners of each other, but who are living together as if they were married to each other;».. Renumber the following paragraph of the Schedule accordingly. Amendments to paragraph 4 of the Schedule (amendments to the Civil Partnership Act 2011) as printed in the Bill on introduction. 26. On page 38, after subparagraph (1) insert 25 PP 2016/0029

26 (2) In section 1(1) omit of the same sex. (3) Section 4(1) is repealed.. Renumber the following subparagraphs of paragraph 4 accordingly. 27. For everything after subparagraph (3) (as numbered in the Bill on introduction 3 ) substitute (6) In section 42 in subsection (3) after subsection (5) insert «(za),»; (b) in subsection (5) immediately before paragraph insert «(za) that the respondent has committed adultery and the applicant finds it intolerable to live with the respondent;»; (7) In section 43 at the beginning insert «(A1) One party to a civil partnership (P) is not entitled to rely for the purposes of section 42(5)(za) on adultery committed by the other if, after it became known to P that the other had committed that adultery, the parties have lived with each other for a period exceeding, or periods together exceeding, 6 months. (B1) If the civil partners have lived with each other after it became known to one civil partner that the other had committed adultery, but subsection (A1) does not apply, in any proceedings for dissolution in which the applicant relies on that adultery, the fact that the civil partners have lived with each other after that time is to be disregarded in determining for the purposes of section 42(5)(za) whether the applicant finds it intolerable to live with the respondent.». (8) In section 44(3) after of any insert «adultery,». (9) In section 48(1) after paragraph (c) insert (ca) in the case of a civil partnership between persons of the opposite sex, it has not been consummated owing to the incapacity of either party to consummate it; (cb) in the case of a civil partnership between persons of the opposite sex, it has not been consummated owing to the wilful refusal of the respondent to consummate it; 3 This subparagraph becomes subparagraph (5) by virtue of the previous amendment. 26 PP 2016/0029

27 (cc) at the time the parties became civil partners the respondent was suffering from venereal disease in a communicable form;. (10) In section 62 at the beginning insert «(A1) If, in an application for a dissolution order or separation order, or in any other pleading applying for either order, one party to a civil partnership alleges that the other has committed adultery, he or she must make the person alleged to have committed adultery with the other party to the civil partnership a party to proceedings unless excused by the Court on special grounds from doing so. (B1) (C1) Rules of court may, either generally or in such cases as may be prescribed by the rules, exclude the application of subsection (1) where the person alleged to have committed adultery with the other party to the marriage is not named in the application or other pleading. If, in an application under subsection (1), a person is made a party to proceedings for a dissolution order or separation order, the Court may, if, after the close of the evidence on the part of the person making the allegation of adultery, it is of the opinion that there is not sufficient evidence against the person so made a party, dismiss him or her from the proceedings.». (11) For section 79(2) substitute «who under the relevant law are recognised as capable of registering such a relationship at the time that they do so,».. (12) In section 81 after subsection (1) insert «(1A) Marriage is not a specified relationship.». (13) Section 84 (the same-sex requirement) is repealed. (14) In section 96(2)(b) for subparagraph (ii) substitute «(ii) (15) In section 138 at the end add any case where two persons (A and B) are civil partners and A is domiciled in a country or territory whose law does not recognise a legal relationship as being capable of subsisting between A and B;». «(4) Only conduct between the respondent and a person of the opposite sex can constitute adultery for the purposes of this Act.». 27 PP 2016/0029

28 (16) In Schedule 14, for paragraph 121(3) substitute «(3) For the definition of partner substitute partner means the other member of a couple comprising two persons who are neither married to each other, nor civil partners of each other, but who are living together as if they were married to each other;.».. 28 PP 2016/0029