Civil Partnership Bill [HL]

House of Commons

Session 2002 - 03
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Other Bills before Parliament

Civil Partnership Bill [HL]

Civil Partnership Bill [HL]
Schedule 9 — Housing and tenancies
209

partnership proceedings or after overseas dissolution of civil
partnership, etc.).”
20
In section 87(a) (entitlement of tenant’s spouse to succeed to secure tenancy),
after “spouse” insert “or civil partner”.
21    (1)
Amend section 88 (cases where secure tenant is a successor) as follows.
5
      (2)
In subsection (1)(d), for “(2) and (3)” substitute “(2) to (3)”.
      (3)
After subsection (2) insert—
“(2A)
A tenant to whom the tenancy was assigned in pursuance of an order
under Part 2 of Schedule 6, or paragraph 9(2) or (3) of Schedule 8, to
the Civil Partnership Act 2004 (property adjustment orders in
10
connection with civil partnership proceedings or after overseas
dissolution of civil partnership, etc.) is a successor only if the other
civil partner was a successor.”
22    (1)
Amend section 89 (succession to periodic secured tenancy) as follows.
      (2)
In subsection (2)(a) (tenant’s spouse is preferred successor), after “spouse”
15
insert “or civil partner”.
      (3)
In subsection (3)(a), after “parents)” in sub-paragraph (iii) insert “, or
(iv)
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
20
partnership proceedings or after overseas dissolution
of civil partnership, etc.)”.
23
In section 90(3)(a) (secure tenancy for term certain does not cease to be
secure tenancy if vested under certain orders), after sub-paragraph (iii)
insert—
25
“(iv)
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 overseas dissolution
of civil partnership, etc.), or”.
30
24
In section 91(3)(b) (assignments not prohibited if in pursuance of certain
orders), after “parents)” in sub-paragraph (iii) insert “, or
(iv)
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
35
partnership proceedings or after overseas dissolution
of civil partnership, etc.)”.
25
In section 99B(2)(e) (subsection applies to assignees in pursuance of certain
orders), after “parents)” in sub-paragraph (iii) insert “, or
(iv)
Part 2 of Schedule 6, or paragraph 9(2) or (3) of
40
Schedule 8, to the Civil Partnership Act 2004
(property adjustment orders in connection with civil
partnership proceedings or after overseas dissolution
of civil partnership, etc.)”.
26
In section 101(3)(c) (assignees in pursuance of certain orders are qualifying
45
successors), after “parents)” in sub-paragraph (iii) insert “, or
(iv)
Part 2 of Schedule 6, or paragraph 9(2) or (3) of
Schedule 8, to the Civil Partnership Act 2004

Civil Partnership Bill [HL]
Schedule 9 — Housing and tenancies
210

(property adjustment orders in connection with civil
partnership proceedings or after overseas dissolution
of civil partnership, etc.)”.
27    (1)
Amend sections 113 and 186 (meaning of “member of a person’s family” in
Parts 3 and 4) as follows.
5
      (2)
In subsection (1)(a)—
(a)
after “spouse” insert “or civil partner”, and
(b)
after “live together as husband and wife” insert “or as if they were
civil partners”.
      (3)
In subsection (2)(a), after “a relationship by marriage” insert “or civil
10
partnership”.
28
In section 123(2)(a) (family members with whom right to buy may be
exercised), after “is his spouse” insert “, is his civil partner”.
29
In section 130(3) (persons whose receipt of discount results in reduction of
subsequent discount)—
15
(a)
in paragraph (b), after “spouse” insert “, or civil partner,” and
(b)
in paragraph (c), after “deceased spouse” insert “, or deceased civil
partner,”.
30
In section 160(3) (right to buy: disposals in pursuance of certain orders are
exempted), after paragraph (d) insert “, or
20
(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
partnership proceedings or after overseas dissolution of civil
partnership, etc.).”
25
31
In section 171B(4)(b) (persons who become tenants in pursuance of certain
orders are qualifying successors), after sub-paragraph (iv) insert “or
(v)
an order under Part 2 of Schedule 6, or a property
adjustment order under paragraph 9(2) or (3) of
Schedule 8, to the Civil Partnership Act 2004
30
(property adjustment orders in connection with civil
partnership proceedings or after overseas dissolution
of civil partnership, etc.),”.
32
In section 554(2A) (grant by registered social landlords to former owner-
occupier of defective dwelling), for paragraph (b) substitute—
35
“(b)
is the spouse or civil partner, or a former spouse or former
civil partner, or the surviving spouse or surviving civil
partner, of a person falling within paragraph (a); or”.
33
In Part 1 of Schedule 2 (secure tenancies: grounds for possession if court
considers possession reasonable), in ground 2A (violence by member of a
40
couple)—
(a)
for “a married couple or” substitute “a married couple, a couple who
are civil partners of each other,” and
(b)
after “as husband or wife” insert “or a couple living together as if
they were civil partners”.
45
34
In paragraphs 2, 5 and 5A of Schedule 4 (qualifying period for right to buy
and discount)—

Civil Partnership Bill [HL]
Schedule 9 — Housing and tenancies
211

(a)
after “deceased spouse” in paragraph (c) of each of those paragraphs
insert “, or deceased civil partner,” and
(b)
after “spouse” (in each other place) insert “or civil partner”.
35    (1)
Amend Schedule 6A (redemption of landlord’s share) as follows.
      (2)
In paragraph 1(2)(a) (meaning of “excluded disposal”), after “spouse” insert
5
“or civil partner”.
      (3)
In paragraph 1(2)(c) (disposals excluded if in pursuance of certain orders),
after sub-paragraph (iv) insert “or
(v)
Part 2 or 3 of Schedule 6, or paragraph 9 of
Schedule 8, to the Civil Partnership Act 2004
10
(property adjustment orders, or orders for the sale
of property, in connection with civil partnership
proceedings or after overseas dissolution of civil
partnership, etc.),”.
      (4)
In paragraphs 4(3)(b) and 12(1), (2) and (3)(d), for “qualifying spouse”
15
substitute “qualifying partner”.
      (5)
In paragraph 12(2) (which will define “qualifying partner”), for paragraph
(c) and the words after that paragraph substitute—
“(c)
he—
(i)
is the spouse, the civil partner, a former spouse, a
20
former civil partner, the surviving spouse, the
surviving civil partner, a surviving former spouse
or a surviving former civil partner of the person
who immediately before that time was entitled to
the interest to which this paragraph applies or, as
25
the case may be, the last remaining such interest, or
(ii)
is the surviving spouse, the surviving civil partner,
a surviving former spouse or a surviving former
civil partner of a person who immediately before
his death was entitled to such an interest.”
30
Agricultural Holdings Act 1986 (c. 5)
36    (1)
In sections 35(2) and 49(3) (interpretation respectively of sections 36 to 48,
and sections 49 to 58, etc.), amend the definition of “close relative” as
follows.
      (2)
In paragraph (a), for “or husband” substitute “, husband or civil partner”.
35
      (3)
In paragraph (d), after “marriage” (in each place) insert “or civil
partnership”.
37
In section 36 (eligible person may apply for new tenancy on death of tenant),
after subsection (4) insert—
“(4A)
In the case of the deceased’s civil partner the reference in subsection
40
(3)(a) above to the relative’s agricultural work shall be read as a
reference to agricultural work carried out by either the civil partner
or the deceased (or both of them).”
38
In section 50 (eligible person may apply for new tenancy on retirement of
tenant), after subsection (3) insert—
45
“(3A)
In the case of the civil partner of the retiring tenant the reference in
subsection (2)(a) above to the relative’s agricultural work shall be

Civil Partnership Bill [HL]
Schedule 9 — Housing and tenancies
212

read as a reference to agricultural work carried out by either the civil
partner or the retiring tenant (or both of them).”
39    (1)
Amend Schedule 6 (eligibility to apply for new tenancy under Part 4) as
follows.
      (2)
In paragraph 1(2) (control of body corporate by deceased’s close relative)—
5
(a)
after “or his spouse” insert “or his civil partner”, and
(b)
after “together” insert “or he and his civil partner together”.
      (3)
In paragraph 1 (preliminary), after sub-paragraph (3) insert—
     “(4)
Any reference in this Schedule to the civil partner of a close
relative of the deceased does not apply in relation to any time
10
when the relative’s civil partnership is subject to—
(a)
a separation order under Chapter 2 of Part 2 of the Civil
Partnership Act 2004, or
(b)
a dissolution order, nullity order or presumption of death
order that is a conditional order under that Chapter.”
15
      (4)
In paragraph 6(2) (no disregard of occupation by relative under tenancy
granted by his spouse), after “spouse” insert “or civil partner”.
      (5)
In paragraph 9(1)(a) (occupation by spouse of relative treated as occupation
by relative), after “spouse” insert “, or civil partner,”.
      (6)
In paragraph 9(2) (cases involving joint occupation by spouse, or controlled
20
body, and another)—
(a)
for the words from “joint occupation of land” to “sub-paragraphs”
substitute “joint occupation of land by—
(a)
his spouse or civil partner or a body corporate, and
(b)
any other person or persons,
25

sub-paragraphs”, and
(b)
after “spouse” (in the second place) insert “or civil partner,”.
      (7)
In paragraph 10(3)(a) (meaning of “connected person”), after “spouse” insert
“or civil partner”.
      (8)
In the italic heading before each of paragraphs 9 and 10, after “spouse” insert
30
“, civil partner”.
Landlord and Tenant Act 1987 (c. 31)
40    (1)
Amend section 4 (meaning of “relevant disposal” for purposes of tenants’
rights of first refusal) as follows.
      (2)
In subsection (2)(c) (disposals in pursuance of certain orders not relevant
35
disposals), after sub-paragraph (vi) insert—
“(vii)
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 overseas dissolution
40
of a civil partnership, etc.), or
(viii)
Part 3 of Schedule 6, or paragraph 9(4) of Schedule 8,
to the Civil Partnership Act 2004 (orders for the sale of
property in connection with civil partnership
proceedings or after overseas dissolution of a civil
45
partnership, etc.) where the order includes provision
requiring the property concerned to be offered for

Civil Partnership Bill [HL]
Schedule 9 — Housing and tenancies
213

sale to a person or class of persons specified in the
order;”.
      (3)
In subsection (5)(a)—
(a)
after “spouse” insert “or civil partner”, and
(b)
after “live together as husband and wife” insert “or as if they were
5
civil partners”.
      (4)
In subsection (6)(a), after “a relationship by marriage” insert “or civil
partnership”.
Housing Act 1988 (c. 50)
41    (1)
Amend section 17 (succession to assured periodic tenancy by spouse) as
10
follows.
      (2)
In subsection (1), after “spouse” (in each place) insert “or civil partner”.
      (3)
For subsection (4) substitute—
“(4)
For the purposes of this section—
(a)
a person who was living with the tenant as his or her wife or
15
husband shall be treated as the tenant’s spouse, and
(b)
a person who was living with the tenant as if they were civil
partners shall be treated as the tenant’s civil partner.”
      (4)
In subsection (5), for the words after “the county court” substitute “shall for
the purposes of this section be treated (according to whether that one of
20
them is of the opposite sex to, or of the same sex as, the tenant) as the tenant’s
spouse or the tenant’s civil partner.”
42
In section 82(1)(b) (after disposal by housing action trust, legal assistance
may be given to surviving spouse of pre-disposal tenant), for “or widower”
substitute “, widower or surviving civil partner”.
25
43    (1)
Amend Schedule 2 (assured tenancies: grounds for possession) as follows.
      (2)
In Part 1 (cases where court must order possession), in paragraph (b) of
Ground 1 (landlord previously resident or requiring premises as residence
for himself or his spouse), for “his or his spouse’s” substitute “his, his
spouse’s or his civil partner’s”.
30
      (3)
In Part 2 (cases where court may order possession), in Ground 14A (violence
by member of a couple)—
(a)
for “a married couple or” substitute “a married couple, a couple who
are civil partners of each other,” and
(b)
after “as husband or wife” insert “or a couple living together as if
35
they were civil partners”.
44    (1)
Amend paragraph 3 of Schedule 3 (agricultural worker condition where
dwelling occupied by surviving spouse or family member of previous
qualifying occupier) as follows.
      (2)
In sub-paragraphs (1)(c)(i), (3)(a) and (6), for “widow or widower” substitute
40
“surviving partner”.
      (3)
For sub-paragraph (2) substitute—
     “(2)
For the purposes of sub-paragraph (1)(c)(i) above and sub-
paragraph (3) below—
(a)
“surviving partner” means widow, widower or surviving
45
civil partner; and

Civil Partnership Bill [HL]
Schedule 9 — Housing and tenancies
214

(b)
a surviving partner of the previous qualifying occupier of
the dwelling-house is a qualifying surviving partner if that
surviving partner was residing in the dwelling-house
immediately before the previous qualifying occupier’s
death.”
5
      (4)
For sub-paragraph (5) (person living as wife or husband with previous
occupier) substitute—
     “(5)
For the purposes of sub-paragraph (2)(a) above—
(a)
a person who, immediately before the previous qualifying
occupier’s death, was living with the previous occupier as
10
his or her wife or husband shall be treated as the widow or
widower of the previous occupier, and
(b)
a person who, immediately before the previous qualifying
occupier’s death, was living with the previous occupier as
if they were civil partners shall be treated as the surviving
15
civil partner of the previous occupier.”
45    (1)
Amend paragraph 4 of Schedule 11 (exempted disposals by housing action
trusts) as follows.
      (2)
In sub-paragraph (2)(b) (meaning of “qualifying person” in definition of
“exempted disposal”), after “the spouse or a former spouse” insert “, or the
20
civil partner or a former civil partner,”.
      (3)
In sub-paragraph (4) (disposals in pursuance of certain orders), after
paragraph (d) insert “, or
(e)
Part 2 or 3 of Schedule 6, or paragraph 9 of Schedule 8, to
the Civil Partnership Act 2004 (property adjustment
25
orders, or orders for the sale of property, in connection
with civil partnership proceedings or after overseas
dissolution of civil partnership, etc.).”
Local Government and Housing Act 1989 (c. 42)
46
In paragraph 5(1)(c) of Schedule 10 (long residential tenancies: grounds for
30
possession: premises required as residence for landlord or family member),
for the words from “as a residence” to “mother and,” substitute “as a
residence for—
(i)
himself,
(ii)
any son or daughter of his over eighteen years of
35
age,
(iii)
his father or mother, or
(iv)
the father, or mother, of his spouse or civil partner,

and,”.
Leasehold Reform, Housing and Urban Development Act 1993 (c. 28)
40
47    (1)
Amend section 7 (meaning of “long lease”) as follows.
      (2)
In subsection (1)(b) (which refers to 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 subsection (2) (exclusion of certain leases terminable by notice after death
45
or marriage)—

Civil Partnership Bill [HL]
Schedule 9 — Housing and tenancies
215

(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,”.
48
In section 10(5) (members of family of resident landlord), for “wife or
5
husband” (in each place) substitute “spouse or civil partner”.
Agricultural Tenancies Act 1995 (c. 8)
49
In section 7(3) (which refers to section 149(6) of the Law of Property Act
1925), after “marriage of” insert “, or formation of a civil partnership by,”.
Housing Act 1996 (c. 52)
10
50    (1)
Amend section 15 (relevant and exempted disposals) as follows.
      (2)
In subsection (5)(b) (meaning of “qualifying person” in the definition of
“exempted disposal”), after “the spouse or a former spouse” insert “, or the
civil partner or a former civil partner,”.
      (3)
In subsection (6) (disposals in pursuance of certain orders are exempt), after
15
paragraph (d) insert “; or
(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
partnership proceedings or after overseas dissolution of civil
20
partnership, etc.).”
51    (1)
Amend sections 62 and 140 (meaning of “member of a person’s family” in
Part 1 and in Chapter 1 of Part 5) as follows.
      (2)
In subsection (1)(a)—
(a)
after “spouse” insert “or civil partner”, and
25
(b)
after “live together as husband and wife” insert “or as if they were
civil partners”.
      (3)
In subsection (2)(a), after “a relationship by marriage” insert “or civil
partnership”.
52
In section 132 (introductory tenancies: cases where tenant is successor), after
30
subsection (2) insert—
“(2A)
A tenant to whom the tenancy was assigned in pursuance of an order
under 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 overseas
35
dissolution of civil partnership, etc.) is a successor only if the other
civil partner was a successor.”
53    (1)
Amend section 133 (succession to introductory tenancy) as follows.
      (2)
In subsection (2)(a) (spouse of deceased tenant is preferred successor), after
“spouse” insert “or civil partner”.
40
      (3)
In subsection (3)(a) (tenancy ceases to be introductory on vesting otherwise
than in pursuance of certain orders), after “parents)” in sub-paragraph (iii)
insert “, or
(iv)
Part 2 of Schedule 6, or paragraph 9(2) or (3) of
Schedule 8, to the Civil Partnership Act 2004
45