Civil Partnership Bill [HL]

House of Commons

Session 2002 - 03
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Civil Partnership Bill [HL]

Civil Partnership Bill [HL]
Schedule 9 — Housing and tenancies
216

(property adjustment orders in connection with civil
partnership proceedings or after overseas dissolution
of civil partnership, etc.)”.
54
In section 134(2)(a) (introductory tenancy may not be assigned except in
pursuance of certain orders), after “parents)” in sub-paragraph (iii) insert
5
“, 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
partnership proceedings or after overseas dissolution
10
of civil partnership, etc.)”.
55
In section 143H(5)(a) (two or more successors to demoted tenancy), for
“spouse or (if the tenant has no spouse)” substitute “spouse or civil partner
or (if the tenant has neither spouse nor civil partner)”.
56
In section 143I(3) (tenancy does not cease to be demoted tenancy if vested
15
pursuant to certain orders), after paragraph (c) insert—
“(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
overseas dissolution of civil partnership, etc.).”
20
57
For paragraphs (a) and (b) of section 143J(5) (successor by assignment to
secure tenancy terminated by demotion order) substitute—
“(a)
the tenancy was assigned—
(i)
in proceedings under section 24 of the Matrimonial
Causes Act 1973 (property adjustment orders in
25
connection with matrimonial proceedings) or section
17(1) of the Matrimonial and Family Proceedings Act
1984 (property adjustment orders after overseas
divorce, etc.), or
(ii)
in proceedings under Part 2 of Schedule 6, or
30
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.),
(b)
where the tenancy was assigned as mentioned in paragraph
35
(a)(i), neither he nor the other party to the marriage was a
successor, and
(c)
where the tenancy was assigned as mentioned in paragraph
(a)(ii), neither he nor the other civil partner was a successor.”
58
In section 143K(2) (demoted tenancy may be assigned only in pursuance of
40
certain orders), after paragraph (c) insert—
“(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
overseas dissolution of civil partnership, etc.).”
45
59    (1)
Amend section 143P (meaning of “member of another’s family”) as follows.
      (2)
In subsection (1)(a), after “spouse” insert “or civil partner”.
      (3)
In subsection (3)(a), after “marriage” insert “or civil partnership”.

Civil Partnership Bill [HL]
Schedule 9 — Housing and tenancies
217

60
In section 160 (cases where provisions about allocations do not apply), in
each of subsections (2)(e) and (3)(d) (cases where secure or introductory
tenancy vests etc. in pursuance of certain orders), after sub-paragraph (iii)
insert “, or
(iv)
Part 2 of Schedule 6, or paragraph 9(2) or (3) of
5
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.).”
61    (1)
Amend section 178 (meaning of “associated person” in Part 7) as follows.
10
      (2)
In subsection (1), after paragraph (a) insert—
“(aa)
they are or have been civil partners of each other;”.
      (3)
In subsection (1), after paragraph (e) insert—
“(ea)
they have entered into a civil partnership agreement between
them (whether or not that agreement has been terminated);”.
15
      (4)
In subsection (3), after the definition of “child” insert—

““civil partnership agreement” has the meaning given by section 72 of
the Civil Partnership Act 2004;”.
      (5)
In subsection (3), in each of paragraphs (a) and (b) of the definition of
“relative”, for “spouse or former spouse” substitute “spouse, civil partner,
20
former spouse or former civil partner”.
      (6)
In paragraph (b) of that definition, for “affinity” substitute “marriage or civil
partnership”.
Housing Grants, Construction and Regeneration Act 1996 (c. 53)
62
In section 30(6)(a) (power to provide for financial position of others to be
25
taken into account in means-testing applicant for grant), after “his spouse,”
insert “his civil partner,”.
63    (1)
In section 54(3) (disposals in pursuance of certain orders are exempt) as it
has effect by virtue of article 11(2) of the 2002 Order (saving for certain
purposes of repealed provisions), after paragraph (d) insert “; or
30
(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.).”
35
      (2)
In sub-paragraph (1) “the 2002 Order” means the Regulatory Reform
(Housing Assistance) (England and Wales) Order 2002 (S.I. 2002/1860).
Commonhold and Leasehold Reform Act 2002 (c. 15)
64
In section 76(2)(c) (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
40
a civil partnership”.
65
In section 77(1) (“long lease”: exclusion of certain leases terminable by notice
after death or marriage)—
(a)
for “a death or marriage” substitute “a death, a marriage or the
formation of a civil partnership”, and
45

Civil Partnership Bill [HL]
Schedule 10 — Family homes and domestic violence
Part 1 — Amendments of the Family Law Act 1996 (c.27)
218

(b)
in paragraph (a), after “marriage of” insert “, or the formation of a
civil partnership by,”.
66
In paragraph 3(8) of Schedule 6 (members of freeholder’s family whose
occupation of premises excludes premises from right to manage), after
“spouse” (in each place) insert “or civil partner”.
5
Schedule 10
Section 81

Family homes and domestic violence
Part 1
Amendments of the Family Law Act 1996 (c. 27)
1     (1)
Amend section 30 (rights concerning matrimonial home where one spouse
10
has no estate, etc.) as follows.
      (2)
In subsection (1)—
(a)
in paragraph (a)—
(i)
after “one spouse” insert “or civil partner (“A”)”, and
(ii)
for “that spouse” substitute “A”.
15
(b)
in paragraph (b), after “other spouse” insert “or civil partner (“B”)”.
      (3)
In subsection (2)—
(a)
for “the spouse not so entitled” substitute “B”,
(b)
for “(“matrimonial home rights”)” substitute “(“home rights”)”, and
(c)
in paragraph (a), for “the other spouse” substitute “A”.
20
      (4)
In subsection (3)—
(a)
for “a spouse” and for “that spouse” substitute “B”, and
(b)
for “the other spouse” (in both places) substitute “A”.
      (5)
In subsection (4)—
(a)
for “A spouse’s” substitute “B’s”,
25
(b)
in paragraph (a), for “by the other spouse as the other spouse’s”
substitute “by A as A’s”, and
(c)
in paragraph (b)—
(i)
for “the spouse occupies the dwelling-house as that spouse’s”
substitute “B occupies the dwelling-house as B’s”, and
30
(ii)
for “by the other spouse as the other spouse’s” substitute “by
A as A’s”.
      (6)
In subsection (5)—
(a)
for “a spouse (“the first spouse”)” substitute “B”, and
(b)
in paragraph (b), for “the other spouse (“the second spouse”)”
35
substitute “A”,
(c)
for “the second spouse” substitute “A”, and
(d)
for “the first spouse against the second spouse” substitute “B against
A”.
      (7)
In subsection (6)—
40
(a)
for “a spouse” substitute “B”, and
(b)
for “the other spouse” (in both places) substitute “A”.

Civil Partnership Bill [HL]
Schedule 10 — Family homes and domestic violence
Part 1 — Amendments of the Family Law Act 1996 (c.27)
219

      (8)
In subsection (7), for the words from first “which” to the end substitute
“which—
(a)
in the case of spouses, has at no time been, and was at no time
intended by them to be, a matrimonial home of theirs; and
(b)
in the case of civil partners, has at no time been, and was at
5
no time intended by them to be, a civil partnership home of
theirs.”
      (9)
In subsection (8)—
(a)
for “A spouse’s matrimonial home rights” substitute “B’s home
rights”,
10
(b)
in paragraph (a), after “marriage” insert “or civil partnership”, and
(c)
in paragraph (b), for “the other spouse” substitute “A”.
     (10)
In subsection (9)—
(a)
for “a spouse” (in both places) substitute “a person”, and
(b)
for “matrimonial home rights” substitute “home rights”.
15
     (11)
In the heading to section 30, for “matrimonial home where one spouse”
substitute “home where one spouse or civil partner” and, in the preceding
cross-heading, after “matrimonial” insert “or civil partnership”.
2     (1)
Amend section 31 (effect of matrimonial home rights as charge on dwelling-
house) as follows.
20
      (2)
In subsection (1) for “marriage, one spouse” substitute “marriage or civil
partnership, A”.
      (3)
In subsection (2) for “The other spouse’s matrimonial home rights”
substitute “B’s home rights”.
      (4)
In subsection (3)—
25
(a)
in paragraph (a), for “the spouse so entitled” substitute “A”, and
(b)
in paragraph (b), after “marriage” insert “or of the formation of the
civil partnership”.
      (5)
In subsection (4)—
(a)
for “a spouse’s matrimonial home rights” substitute “B’s home
30
rights”,
(b)
for “the other spouse” substitute “A”, and
(c)
for “either of the spouses” substitute “A or B”.
      (6)
In subsection (5) for “the other spouse” substitute “A”.
      (7)
In subsection (7) for “the spouses” substitute “A and B”.
35
      (8)
In subsection (8)—
(a)
for “a spouse’s matrimonial home rights” substitute “B’s home
rights”,
(b)
in paragraph (a), for “the other spouse” substitute “A”, and
(c)
in paragraph (b), after “marriage” insert “or civil partnership”.
40
      (9)
In subsection (9)—
(a)
in paragraph (a), for “a spouse’s matrimonial home rights” substitute
“B’s home rights”, and
(b)
for “the other spouse” (in both places) substitute “A”.
     (10)
In subsection (10)—
45
(a)
for “a spouse” and for “that spouse” substitute “A”, and

Civil Partnership Bill [HL]
Schedule 10 — Family homes and domestic violence
Part 1 — Amendments of the Family Law Act 1996 (c.27)
220

(b)
in paragraph (b), for “a spouse’s matrimonial home rights”
substitute “B’s home rights”.
     (11)
For subsection (12)(a) substitute—
“(a)
B’s home rights are a charge on the estate of A or of trustees
of A, and”.
5
     (12)
In the heading to section 31, for “matrimonial home rights” substitute “home
rights”.
3
For section 32 (further provisions relating to matrimonial home rights)
substitute—
“32 Further provisions relating to home rights
10
Schedule 4 (provisions supplementary to sections 30 and 31) has
effect.”
4     (1)
Amend section 33 (occupation orders where applicant has estate or interest
etc. or has matrimonial home rights) as follows.
      (2)
In subsection (1)(a)(ii), for “matrimonial home rights” substitute “home
15
rights”.
      (3)
After subsection (2) insert—
“(2A)
If a civil partnership agreement (as defined by section 72 of the Civil
Partnership Act 2004) is terminated, no application under this
section may be made by virtue of section 62(3)(eza) by reference to
20
that agreement after the end of the period of three years beginning
with the day on which it is terminated.”
      (4)
In subsection (3)(e)—
(a)
for “matrimonial home rights” substitute “home rights”, and
(b)
after “spouse” insert “or civil partner”.
25
      (5)
In subsection (4), for “matrimonial home rights” substitute “home rights”.
      (6)
In subsection (5)—
(a)
for “matrimonial home rights” substitute “home rights”,
(b)
after “is the other spouse” insert “or civil partner”,
(c)
after “during the marriage” insert “or civil partnership”,
30
(d)
in paragraph (a), after “spouse” insert “or civil partner”, and
(e)
in paragraph (b), after “marriage” insert “or civil partnership”.
      (7)
In the heading to section 33, for “matrimonial home rights” substitute “home
rights”.
5
In section 34 (effect of order under section 33 where rights are charge on
35
dwelling-house), in subsection (1)—
(a)
for “a spouse’s matrimonial home rights” substitute “B’s home
rights”, and
(b)
for “the other spouse” (in each place) substitute “A”.
6     (1)
Amend section 35 (one former spouse with no existing right to occupy) as
40
follows.
      (2)
In subsection (1)(a) and (b), after “former spouse” insert “or former civil
partner”.
      (3)
For subsection (1)(c) substitute—
“(c)
the dwelling-house—
45

Civil Partnership Bill [HL]
Schedule 10 — Family homes and domestic violence
Part 1 — Amendments of the Family Law Act 1996 (c.27)
221

(i)
in the case of former spouses, was at any time their
matrimonial home or was at any time intended by
them to be their matrimonial home, or
(ii)
in the case of former civil partners, was at any time
their civil partnership home or was at any time
5
intended by them to be their civil partnership home.”
      (4)
In subsection (2), after “former spouse” (in both places) insert “or former
civil partner”.
      (5)
In subsection (6)(f), after “marriage” insert “or civil partnership”.
      (6)
After subsection (6)(g)(i), insert—
10
“(ia)
for a property adjustment order under Part 2 of
Schedule 6 to the Civil Partnership Act 2004;”.
      (7)
In subsection (9)(a), after “former spouses” insert “or former civil partners”.
      (8)
In subsections (11) and (12), after “former spouse” insert “or former civil
partner”.
15
      (9)
For subsection (13)(a) and (b) substitute—
“(a)
as if he were B (the person entitled to occupy the dwelling-
house by virtue of that section); and
(b)
as if the respondent were A (the person entitled as mentioned
in subsection (1)(a) of that section).”
20
     (10)
In the heading to section 35, after “former spouse” insert “or former civil
partner”.
7
In section 36 (one cohabitant or former cohabitant with no existing right to
occupy), for subsection (13)(a) and (b) substitute—
“(a)
as if he were B (the person entitled to occupy the dwelling-
25
house by virtue of that section); and
(b)
as if the respondent were A (the person entitled as mentioned
in subsection (1)(a) of that section).”
8     (1)
Amend section 37 (neither spouse entitled to occupy) as follows.
      (2)
After subsection (1) insert—
30
“(1A)
This section also applies if—
(a)
one civil partner or former civil partner and the other civil
partner or former civil partner occupy a dwelling-house
which is or was the civil partnership home; but
(b)
neither of them is entitled to remain in occupation—
35
(i)
by virtue of a beneficial estate or interest or contract;
or
(ii)
by virtue of any enactment giving him the right to
remain in occupation.”
      (3)
In subsection (3)(b), for “spouses” substitute “parties”.
40
      (4)
In the heading to section 37, after “spouse” insert “or civil partner”.
9
In section 42 (non-molestation orders), after subsection (4) insert—
“(4ZA)
If a civil partnership agreement (as defined by section 72 of the Civil
Partnership Act 2004) is terminated, no application under this
section may be made by virtue of section 62(3)(eza) by reference to
45

Civil Partnership Bill [HL]
Schedule 10 — Family homes and domestic violence
Part 1 — Amendments of the Family Law Act 1996 (c.27)
222

that agreement after the end of the period of three years beginning
with the day on which it is terminated.”
10    (1)
In section 44 (evidence of agreement to marry), after subsection (2) insert—
“(3)
Subject to subsection (4), the court shall not make an order under
section 33 or 42 by virtue of section 62(3)(eza) unless there is
5
produced to it evidence in writing of the existence of the civil
partnership agreement (as defined by section 72 of the Civil
Partnership Act 2004).
(4)
Subsection (3) does not apply if the court is satisfied that the civil
partnership agreement was evidenced by—
10
(a)
a gift by one party to the agreement to the other as a token of
the agreement, or
(b)
a ceremony entered into by the parties in the presence of one
or more other persons assembled for the purpose of
witnessing the ceremony.”
15
      (2)
In the heading to section 44, after “marry” insert “or form a civil
partnership”.
11
In section 49 (variation and discharge of orders), in subsection (3)—
(a)
for “a spouse’s matrimonial home rights” substitute “B’s home rights
are, under section 31,”, and
20
(b)
for “the other spouse” (in each place) substitute “A”.
12    (1)
Amend section 54 (dwelling-house subject to mortgage) as follows.
      (2)
In subsections (3)(a) and (4), for “matrimonial home rights” substitute
“home rights”.
      (3)
In subsection (5), after “spouse, former spouse” insert “, civil partner, former
25
civil partner”.
13    (1)
Amend section 62 (meaning of “cohabitants”, “relevant child” and
“associated persons”) as follows.
      (2)
In subsection (1)—
(a)
in paragraph (a), for “two persons who, although not married to each
30
other, are living together as husband and wife or (if of the same sex)
in an equivalent relationship;” substitute “two persons who are
neither married to each other nor civil partners of each other but are
living together as husband and wife or as if they were civil
partners;”, and
35
(b)
in paragraph (b), after “have subsequently married each other” insert
“or become civil partners of each other”.
      (3)
After subsection (3)(a) insert—
“(aa)
they are or have been civil partners of each other;”.
      (4)
After subsection (3)(e) insert—
40
“(eza)
they have entered into a civil partnership agreement (as
defined by section 72 of the Civil Partnership Act 2004)
(whether or not that agreement has been terminated);”.
14    (1)
Amend section 63 (interpretation of Part 4) as follows.
      (2)
In subsection (1), after the definition of “health” insert—
45

““home rights” has the meaning given by section 30;”.
      (3)
Omit the definition of “matrimonial home rights” in that subsection.