|
| |
|
(f) | paragraphs 42 to 46 and 49 to 54, except paragraph 42(1)(g) (variation |
| |
| |
(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 |
| |
| |
(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 |
| |
| 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, |
| |
| |
| it may make an order setting aside the disposition. |
| |
| 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 |
| |
| 45 |
| the court may make an order setting aside the disposition. |
| |
|
| |
|
| |
|
(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- |
| |
| |
(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 |
| |
| |
(9) | A reference in this paragraph to defeating a claim by one of the civil partners |
| |
| |
(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 |
| |
| 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 |
| |
| |
(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— |
| |
| |
(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. |
| |
|
| |
|
| |
|
(4) | A reference in this paragraph to defeating a claim by one of the civil partners |
| |
has the meaning given by paragraph 15(9). |
| |
| |
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 |
| |
| 15 |
(i) | make any disposition, or |
| |
(ii) | transfer out of the jurisdiction, or otherwise deal with, any |
| |
| |
| 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 |
| |
| |
(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 |
| |
| |
(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— |
| |
| |
(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 |
| |
|
| |
|
| |
|
| |
| |
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 |
| |
| 10 |
Interpretation of 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 |
| |
| |
(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). |
| |
| |
| |
| |
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— |
| |
| |
(ii) | any son or daughter of his over eighteen years of |
| |
| 40 |
|
| |
|
| |
|
(iii) | his father or mother, or |
| |
(iv) | the father, or mother, of his spouse or civil partner, |
| |
| |
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 |
| |
| |
(3) | In the proviso (exclusion of certain tenancies terminable by notice after |
| 15 |
| |
(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 |
| |
| 20 |
6 (1) | Amend section 7 (rights of members of family succeeding to tenancy on |
| |
| |
(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 |
| |
| |
(b) | in paragraph (b), for “husband or wife” substitute “spouse or civil |
| |
| |
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 |
| |
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 |
| |
|
| |
|
| |
|
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 |
| |
| |
(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 |
| |
| 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 |
| |
| |
| and, subject to subsection (5B) below, “surviving spouse” and |
| |
“surviving civil partner” in subsection (5ZA) above shall be |
| 35 |
| |
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”. |
| |
|
| |
|
| |
|
| |
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 |
| |
| 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 |
| |
| 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 |
| |
| |
(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”. |
| |
| 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)”. |
| |
| 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 |
| |
|
| |
|