Civil Partnership Bill [HL]

House of Commons

Session 2002 - 03
Internet Publications
Other Bills before Parliament

Civil Partnership Bill [HL]

Civil Partnership Bill [HL]
Schedule 8 — Financial relief in England and Wales after overseas dissolution etc. of a civil partnership
Part 1 — Financial relief
202

(f)
paragraphs 42 to 46 and 49 to 54, except paragraph 42(1)(g) (variation
etc. of orders);
(g)
paragraphs 55 to 57 (arrears and repayments);
(h)
paragraphs 68 to 71 (drafting of instruments, bankruptcy, mental
disorder, and pension-sharing appeals).
5
      (2)
Sub-paragraph (1)(d) does not apply where the court has jurisdiction to
entertain an application for an order under paragraph 9 only because a
dwelling-house which was a civil partnership home of the civil partners is
situated in England or Wales.
      (3)
Paragraph 27 of Schedule 6 (change of pension arrangement under which
10
rights are shared) applies in relation to an order made under paragraph 9 of
this Schedule by virtue of sub-paragraph (1)(d) above as it applies to an
order made under Part 1 of Schedule 6 by virtue of paragraph 25 or 26 of that
Schedule.
      (4)
The Lord Chancellor may by regulations make for the purposes of this
15
Schedule provision corresponding to any provision which may be made by
him under paragraph 28(1) to (3) of Schedule 6 (supplementary provision
about orders relating to pensions under Part 1 of that Schedule).
      (5)
The power to make regulations under this paragraph is exercisable by
statutory instrument which is subject to annulment in pursuance of a
20
resolution of either House of Parliament.
Avoidance of transactions designed to defeat claims under paragraphs 5 and 9
15    (1)
Sub-paragraphs (2) and (3) apply where one of the civil partners (“A”) is
granted leave under paragraph 4 to make an application for an order under
paragraph 9.
25
      (2)
If the court is satisfied, on application by A, that the other civil partner (“B”)
is, with the intention of defeating a claim by A, about to—
(a)
make any disposition, or
(b)
transfer out of the jurisdiction, or otherwise deal with, any property,

it may make such order as it thinks fit for restraining B from doing so or
30
otherwise for protecting the claim.
      (3)
If the court is satisfied, on application by A—
(a)
that the other civil partner (“B”) has, with the intention of defeating
a claim by A, made a reviewable disposition, and
(b)
that, if the disposition were set aside—
35
(i)
financial relief under paragraph 5 or 9, or
(ii)
different financial relief under paragraph 5 or 9,

would be granted to A,

it may make an order setting aside the disposition.
      (4)
If—
40
(a)
an order under paragraph 5 or 9 has been made by the court at the
instance of one of the civil partners (“A”), and
(b)
the court is satisfied, on application by A, that the other civil partner
(“B”) has, with the intention of defeating a claim by A, made a
reviewable disposition,
45

the court may make an order setting aside the disposition.

Civil Partnership Bill [HL]
Schedule 8 — Financial relief in England and Wales after overseas dissolution etc. of a civil partnership
Part 1 — Financial relief
203

      (5)
Where the court has jurisdiction to entertain an application for an order
under paragraph 9 only under paragraph 7(4), it shall not make any order
under sub-paragraph (2), (3) or (4) in respect of any property other than the
dwelling-house concerned.
      (6)
Where the court makes an order under sub-paragraph (3) or (4) setting aside
5
a disposition, it shall give such consequential directions as it thinks fit for
giving effect to the order (including directions requiring the making of any
payments or the disposal of any property).
      (7)
For the purposes of sub-paragraphs (3) and (4), but subject to sub-paragraph
(8), any disposition made by B is a “reviewable disposition” (whether made
10
before or after the commencement of A’s application under that sub-
paragraph).
      (8)
A disposition made by B is not a reviewable disposition for those purposes
if made for valuable consideration (other than formation of a civil
partnership) to a person who, at the time of the disposition, acted in relation
15
to it in good faith and without notice of any intention on the part of B to
defeat A’s claim.
      (9)
A reference in this paragraph to defeating a claim by one of the civil partners
is a reference to—
(a)
preventing financial relief being granted, or reducing the amount of
20
financial relief which might be granted, under paragraph 5 or 9 at the
instance of that civil partner, or
(b)
frustrating or impeding the enforcement of any order which might
be, or has been, made under paragraph 5 or 9 at the instance of that
civil partner.
25
Presumptions for the purposes of paragraph 15
16    (1)
Sub-paragraph (3) applies where—
(a)
an application is made under paragraph 15(2) or (3) by one of the
civil partners with respect to—
(i)
a disposition which took place less than 3 years before the
30
date of the application, or
(ii)
a disposition or other dealing with property which is about to
take place, and
(b)
the court is satisfied that the disposition or other dealing would
(apart from paragraph 15 and this paragraph of this Schedule) have
35
the consequence of defeating a claim by the applicant.
      (2)
Sub-paragraph (3) also applies where—
(a)
an application is made under paragraph 15(4) by one of the civil
partners with respect to a disposition which took place less than 3
years before the date of the application, and
40
(b)
the court is satisfied that the disposition has had the consequence of
defeating a claim by the applicant.
      (3)
It shall be presumed, unless the contrary is shown, that the person who—
(a)
disposed of, or
(b)
is about to dispose of or deal with the property,
45

did so, or (as the case may be) is about to do so, with the intention of
defeating the applicant’s claim.

Civil Partnership Bill [HL]
Schedule 8 — Financial relief in England and Wales after overseas dissolution etc. of a civil partnership
Part 2 — Steps to prevent avoidance prior to application for leave under paragraph 4
204

      (4)
A reference in this paragraph to defeating a claim by one of the civil partners
has the meaning given by paragraph 15(9).
Part 2
Steps to prevent avoidance prior to application for leave under paragraph 4
Prevention of transactions intended to defeat prospective claims under paragraphs 5 and 9
5
17    (1)
If it appears to the court, on application by one of the persons (“A”) who
formed a civil partnership—
(a)
that the civil partnership has been dissolved or annulled, or that the
civil partners have been legally separated, by means of judicial or
other proceedings in an overseas country,
10
(b)
that A intends to apply for leave to make an application for an order
under paragraph 9 as soon as he or she has been habitually resident
in England and Wales for the period of one year, and
(c)
that the other civil partner (“B”) is, with the intention of defeating A’s
claim, about to—
15
(i)
make any disposition, or
(ii)
transfer out of the jurisdiction, or otherwise deal with, any
property,

the court may make such order as it thinks fit for restraining B from taking
such action as is mentioned in paragraph (c).
20
      (2)
Sub-paragraph (1) applies even if the date of the dissolution, annulment or
legal separation is earlier than the date on which that sub-paragraph comes
into force.
      (3)
Sub-paragraph (4) applies where—
(a)
an application is made under sub-paragraph (1) with respect to—
25
(i)
a disposition which took place less than 3 years before the
date of the application, or
(ii)
a disposition or other dealing with property which is about to
take place, and
(b)
the court is satisfied that the disposition or other dealing would
30
(apart from this paragraph of this Schedule) have the consequence of
defeating a claim by the applicant.
      (4)
It shall be presumed, unless the contrary is shown, that the person who—
(a)
disposed of, or
(b)
is about to dispose of or deal with the property,
35

did so, or (as the case may be) is about to do so, with the intention of
defeating the applicant’s claim.
      (5)
A reference in this paragraph to defeating a person’s claim is a reference to
preventing financial relief being granted, or reducing the amount of
financial relief which might be granted, under paragraph 5 or 9 at the
40
instance of that person.

Civil Partnership Bill [HL]
Schedule 9 — Housing and tenancies
205

Part 3
Supplementary
Paragraphs 15 to 17: meaning of “disposition” and saving
18    (1)
In paragraphs 15 to 17 “disposition” does not include any provision
contained in a will or codicil but, with that exception, includes any
5
conveyance, assurance or gift of property of any description, whether made
by an instrument or otherwise.
      (2)
The provisions of paragraphs 15 to 17 are without prejudice to any power of
the High Court to grant injunctions under section 37 of the Supreme Court
Act 1981 (c. 54).
10
Interpretation of Schedule
19
In this Schedule—

“the court” means the High Court or, where a county court has
jurisdiction by virtue of Part 5 of the Matrimonial and Family
Proceedings Act 1984 (c. 42), a county court;
15

“dwelling-house” includes—
(a)
any building, or part of a building, which is occupied as a
dwelling, and
(b)
any yard, garden, garage or outhouse belonging to, and
occupied with, the dwelling-house;
20

“overseas country” has the meaning given by paragraph 1(3).
Schedule 9
Section 80

Housing and tenancies
Law of Property Act 1925 (c. 20)
1     (1)
Amend section 149(6) (which includes provision for a lease determinable on
25
marriage of the lessee to take effect as a lease for 90 years determinable by
notice after the lessee’s marriage) as follows.
      (2)
After “or on the marriage of the lessee,” insert “or on the formation of a civil
partnership between the lessee and another person,”.
      (3)
For “after the death or marriage (as the case may be) of the original lessee, or
30
of the survivor of the original lessees,” substitute “after (as the case may be)
the death or marriage of, or the formation of a civil partnership by, the
original lessee or the survivor of the original lessees,”.
Landlord and Tenant Act 1954 (c. 56)
2
In paragraph 1(e) of Schedule 3 (grounds for possession: premises required
35
as residence for landlord or family member), for the words from “as a
residence” to “spouse, and” substitute “as a residence for—
(i)
himself,
(ii)
any son or daughter of his over eighteen years of
age,
40

Civil Partnership Bill [HL]
Schedule 9 — Housing and tenancies
206

(iii)
his father or mother, or
(iv)
the father, or mother, of his spouse or civil partner,

and”.
Leasehold Reform Act 1967 (c. 88)
3
In section 1(1ZC)(c) (which refers to section 149(6) of the Law of Property
5
Act 1925), after “terminable after a death or marriage” insert “or the
formation of a civil partnership”.
4
In section 1B (which refers to a tenancy granted so as to become terminable
by notice after a death or marriage), for “a death or marriage” substitute “a
death, a marriage or the formation of a civil partnership”.
10
5     (1)
Amend section 3(1) (meaning of “long tenancy”) as follows.
      (2)
In the words describing section 149(6) of the Law of Property Act 1925, after
“terminable after a death or marriage” insert “or the formation of a civil
partnership”.
      (3)
In the proviso (exclusion of certain tenancies terminable by notice after
15
death or marriage)—
(a)
for “a death or marriage” substitute “a death, a marriage or the
formation of a civil partnership”, and
(b)
in paragraph (a), after “marriage of” insert “, or the formation of a
civil partnership by,”.
20
6     (1)
Amend section 7 (rights of members of family succeeding to tenancy on
death) as follows.
      (2)
In subsection (7) (“family member”), for “wife or husband” (in each place)
substitute “spouse or civil partner”.
      (3)
In subsection (8) (surviving spouse’s rights on intestacy)—
25
(a)
in paragraph (a), for “wife or husband” substitute “spouse or civil
partner”, and
(b)
in paragraph (b), for “husband or wife” substitute “spouse or civil
partner”.
7
In section 18(3) (members of landlord’s family whose residential rights
30
exclude enfranchisement or extension), for “wife or husband” (in each place)
substitute “spouse or civil partner”.
Caravan Sites Act 1968 (c. 52)
8
In section 3(2) (“occupier” includes surviving spouse of deceased occupier),
for “or widower” (in each place) substitute “, widower or surviving civil
35
partner”.
Rent (Agriculture) Act 1976 (c. 80)
9     (1)
Amend section 3 (protected occupiers by succession) as follows.
      (2)
For subsection (2) (succession by surviving spouse) substitute—
“(2)
Where the original occupier was a person who died leaving a
40
surviving partner who was residing in the dwelling-house
immediately before the original occupier’s death then, after the
original occupier’s death, if the surviving partner has, in relation to

Civil Partnership Bill [HL]
Schedule 9 — Housing and tenancies
207

the dwelling-house, a relevant licence or tenancy, the surviving
partner shall be a protected occupier of the dwelling-house.”
      (3)
In subsection (3) (succession by other family members)—
(a)
for “surviving spouse” substitute “surviving partner”,
(b)
for “his” (in each place) substitute “the original occupier’s”, and
5
(c)
for “him” substitute “the original occupier”.
      (4)
After subsection (3) insert—
“(3A)
In subsections (2) and (3) above “surviving partner” means surviving
spouse or surviving civil partner.”
10    (1)
Amend section 4 (statutory tenants and tenancies) as follows.
10
      (2)
For subsection (3) (surviving spouse’s statutory tenancy) substitute—
“(3)
If the original occupier was a person who died leaving a surviving
partner who was residing in the dwelling-house immediately before
the original occupier’s death then, after the original occupier’s death,
unless the surviving partner is a protected occupier of the dwelling-
15
house by virtue of section 3(2) above, the surviving partner shall be
the statutory tenant if and so long as he occupies the dwelling-house
as his residence.”
      (3)
In subsection (4) (statutory tenancy for other family members)—
(a)
for “surviving spouse” substitute “surviving partner”,
20
(b)
for “his” (in each place) substitute “the original occupier’s”, and
(c)
for “him” substitute “the original occupier”.
      (4)
For subsection (5A) (references to original occupier’s spouse include person
living with occupier as his or her wife or husband) substitute—
“(5ZA)
In subsections (3) and (4) above “surviving partner” means surviving
25
spouse or surviving civil partner.
(5A)
For the purposes of subsection (3) above—
(a)
a person who was living with the original occupier as his or
her husband or wife shall be treated as the spouse of the
original occupier, and
30
(b)
a person who was living with the original occupier as if they
were civil partners shall be treated as the civil partner of the
original occupier,

and, subject to subsection (5B) below, “surviving spouse” and
“surviving civil partner” in subsection (5ZA) above shall be
35
construed accordingly.”
11
In section 31(3)(c) (power of Secretary of State and National Assembly for
Wales to require information about occupiers of housing accommodation
associated with agricultural or forestry land), after “who has been married
to” insert “, or has been the civil partner of,”.
40
12
In paragraph 1 of Case 9 in Part 1 of Schedule 4 (discretionary grounds for
possession: dwelling required as residence for member of landlord’s
family), after “husband” (in each place) insert “or civil partner”.

Civil Partnership Bill [HL]
Schedule 9 — Housing and tenancies
208

Rent Act 1977 (c. 42)
13    (1)
In Part 1 of Schedule 1 (statutory tenants by succession), amend paragraph
2 (succession by surviving spouse) as follows.
      (2)
In sub-paragraph (1), after “surviving spouse” insert “, or surviving civil
partner,”.
5
      (3)
For sub-paragraph (2) substitute—
     “(2)
For the purposes of this paragraph—
(a)
a person who was living with the original tenant as his or
her wife or husband shall be treated as the spouse of the
original tenant, and
10
(b)
a person who was living with the original tenant as if they
were civil partners shall be treated as the civil partner of
the original tenant.”
      (4)
In sub-paragraph (3), for the words after “the county court” substitute “shall
for the purposes of this paragraph be treated (according to whether that one
15
of them is of the opposite sex to, or of the same sex as, the original tenant) as
the surviving spouse or the surviving civil partner.”
14
In Schedule 15 (grounds for possession), in Case 9 in Part 1 (dwelling
required as residence for landlord or member of his family), for “wife or
husband” substitute “spouse or civil partner”.
20
Protection from Eviction Act 1977 (c. 43)
15
In section 4(2)(b) (special provisions for agricultural employees: “occupier”
includes surviving spouse of former tenant), for “widow or widower” (in
each place) substitute “surviving spouse or surviving civil partner”.
Housing Act 1980 (c. 51)
25
16
In section 54(2) (protected shorthold tenancy etc. may not be assigned except
in pursuance of certain orders), after paragraph (c) insert “, or
(d)
Part 2 of Schedule 6, or paragraph 9(2) or (3) of Schedule 8, to
the Civil Partnership Act 2004 (property adjustment orders in
connection with civil partnership proceedings or after
30
overseas dissolution of civil partnership, etc.).”
17
In section 76(3) (which amends provisions of the Rent (Agriculture) Act 1976
replaced by this Schedule), for “sections 3(2) and (3)(a) and 4(3) and (4)(a)”
substitute “sections 3(3)(a) and 4(4)(a)”.
Housing Act 1985 (c. 68)
35
18
In sections 39(2)(b) and 160(2)(b) (meaning of “qualifying person” in
definition of “exempted disposal”), after “the spouse or a former spouse”
insert “, or the civil partner or a former civil partner,”.
19
In section 39(3) (disposals exempt if in pursuance of certain orders), after
paragraph (d) insert “, or
40
(e)
Part 2 or 3 of Schedule 6, or paragraph 9 of Schedule 8, to the
Civil Partnership Act 2004 (property adjustment orders, or
orders for the sale of property, in connection with civil