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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.

 

 

 
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