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 10 — Family homes and domestic violence
Part 1 — Amendments of the Family Law Act 1996 (c.27)
223

      (4)
In the definition of relative in that subsection—
(a)
in paragraphs (a) and (b), for “spouse or former spouse” substitute
“spouse, former spouse, civil partner or former civil partner”,
(b)
in paragraph (b), for “by affinity)” substitute “by marriage or civil
partnership)”, and
5
(c)
after “were married to each other” insert “or were civil partners of
each other”.
      (5)
After subsection (2)(i) insert—
“(j)
Schedules 6 to 8 to the Civil Partnership Act 2004.”
15    (1)
Amend Schedule 4 (provisions supplementary to sections 30 and 31) as
10
follows.
      (2)
In paragraph 2, after “spouse” (in both places) insert “or civil partner”.
      (3)
In paragraph 3(1) and (3), after “spouse” insert “or civil partner”.
      (4)
In paragraph 4(1), for “spouse’s matrimonial home rights” substitute
“spouse’s or civil partner’s home rights”.
15
      (5)
For paragraphs 4(1)(a) to (c) substitute—
“(a)
in the case of a marriage—
(i)
by the production of a certificate or other sufficient
evidence, that either spouse is dead,
(ii)
by the production of an official copy of a decree or
20
order of a court, that the marriage has been
terminated otherwise than by death, or
(iii)
by the production of an order of the court, that the
spouse’s home rights constituting the charge have
been terminated by the order, and
25
(b)
in the case of a civil partnership—
(i)
by the production of a certificate or other sufficient
evidence, that either civil partner is dead,
(ii)
by the production of an official copy of an order or
decree of a court, that the civil partnership has been
30
terminated otherwise than by death, or
(iii)
by the production of an order of the court, that the
civil partner’s home rights constituting the charge
have been terminated by the order.”
      (6)
In paragraph 4(2)—
35
(a)
in paragraph (a)—
(i)
after “marriage” insert “or civil partnership”, and
(ii)
after “spouse” insert “or civil partner”, and
(b)
in paragraph (b), after “spouse” insert “or civil partner”.
      (7)
In paragraph 4(3), after “spouse” insert “or civil partner”.
40
      (8)
In the heading to paragraph 4, after “marriage” insert “or civil partnership”.
      (9)
In paragraph 5(1), for “spouse entitled to matrimonial home rights”
substitute “spouse or civil partner entitled to home rights”.
     (10)
In paragraph 5(2)—
(a)
for “matrimonial home rights” substitute “home rights”, and
45
(b)
in paragraph (a), after “spouse” insert “or civil partner”.

Civil Partnership Bill [HL]
Schedule 10 — Family homes and domestic violence
Part 1 — Amendments of the Family Law Act 1996 (c.27)
224

     (11)
In the heading to paragraph 5, for “matrimonial home rights” substitute
“home rights”.
     (12)
In paragraph 6, after “spouse” (in both places) insert “or civil partner”.
16    (1)
Amend Schedule 7 (transfer of certain tenancies on divorce etc. or on
separation of cohabitants) as follows.
5
      (2)
In paragraph 1, before the definition of “cohabitant” insert—

““civil partner”, except in paragraph 2, includes (where the
context requires) former civil partner;”.
      (3)
In paragraph 2(1), after “spouse” (in both places) insert “or civil partner”.
      (4)
For paragraph 2(2) substitute—
10
“(2)
The court may make a Part II order—
(a)
on granting a decree of divorce, a decree of nullity of
marriage or a decree of judicial separation or at any time
thereafter (whether, in the case of a decree of divorce or
nullity of marriage, before or after the decree is made
15
absolute), or
(b)
at any time when it has power to make a property
adjustment order under Part 2 of Schedule 6 to the Civil
Partnership Act 2004 with respect to the civil partnership.”
      (5)
Omit “or” at the end of paragraph 4(a) and insert—
20
“(aa)
in the case of civil partners, a civil partnership home; or”.
      (6)
In paragraph 5(a), after “spouses” insert “, civil partners”.
      (7)
In paragraph 6—
(a)
after “spouse” (in the first place) insert “, a civil partner”, and
(b)
after “spouse” (in the second place) insert “, civil partner”.
25
      (8)
In paragraph 7(1) and (2), after “spouse” (in each place) insert “, civil
partner”.
      (9)
For paragraph 7(3) to (4) substitute—
“(3)
If the spouse, civil partner or cohabitant so entitled is a successor
within the meaning of Part 4 of the Housing Act 1985—
30
(a)
his former spouse (or, in the case of judicial separation, his
spouse),
(b)
his former civil partner (or, if a separation order is in force,
his civil partner), or
(c)
his former cohabitant,
35

is to be deemed also to be a successor within the meaning of that
Part.
(3A)
If the spouse, civil partner or cohabitant so entitled is a successor
within the meaning of section 132 of the Housing Act 1996—
(a)
his former spouse (or, in the case of judicial separation, his
40
spouse),
(b)
his former civil partner (or, if a separation order is in force,
his civil partner), or
(c)
his former cohabitant,

is to be deemed also to be a successor within the meaning of that
45
section.

Civil Partnership Bill [HL]
Schedule 10 — Family homes and domestic violence
Part 1 — Amendments of the Family Law Act 1996 (c.27)
225

(4)
If the spouse, civil partner or cohabitant so entitled is for the
purposes of section 17 of the Housing Act 1988 a successor in
relation to the tenancy or occupancy—
(a)
his former spouse (or, in the case of judicial separation, his
spouse),
5
(b)
his former civil partner (or, if a separation order is in force,
his civil partner), or
(c)
his former cohabitant,

is to be deemed to be a successor in relation to the tenancy or
occupancy for the purposes of that section.”
10
     (10)
In paragraph 7(5)(a), after “spouse” insert “, civil partner”.
     (11)
Omit paragraph 7(6).
     (12)
In paragraph 8(1) and (2)(a) and (b), after “spouse” insert “, civil partner”.
     (13)
In paragraph 8(3), after “surviving spouse” insert “or surviving civil
partner”.
15
     (14)
In paragraphs 9(1), (2)(a) and (b) and (3) (in both places) and 10(1) (in both
places), after “spouse” insert “, civil partner”.
     (15)
In paragraph 11(1), after “spouses” insert “, civil partners”.
     (16)
In paragraph 11(2), after “spouse” insert “, civil partner”.
     (17)
For paragraph 12 and the heading preceding it, substitute—
20
“Date when order made between spouses or civil partners takes effect
12
The date specified in a Part II order as the date on which the order
is to take effect must not be earlier than—
(a)
in the case of a marriage in respect of which a decree of
divorce or nullity has been granted, the date on which the
25
decree is made absolute;
(b)
in the case of a civil partnership in respect of which a
dissolution or nullity order has been made, the date on
which the order is made final.”
     (18)
For paragraph 13 and the heading preceding it substitute—
30
“Effect of remarriage or subsequent civil partnership
13    (1)
If after the grant of a decree dissolving or annulling a marriage
either spouse remarries or forms a civil partnership, that spouse is
not entitled to apply, by reference to the grant of that decree, for a
Part II order.
35
      (2)
If after the making of a dissolution or nullity order either civil
partner forms a subsequent civil partnership or marries, that civil
partner is not entitled to apply, by reference to the making of that
order, for a Part II order.
      (3)
In sub-paragraphs (1) and (2)—
40
(a)
the references to remarrying and marrying include
references to cases where the marriage is by law void or
voidable, and

Civil Partnership Bill [HL]
Schedule 10 — Family homes and domestic violence
Part 2 — Consequential amendments
226

(b)
the references to forming a civil partnership include
references to cases where the civil partnership is by law
void or voidable.”
     (19)
In paragraph 15(1)—
(a)
after “spouse” insert “or civil partner”, and
5
(b)
for “spouse’s matrimonial home rights” substitute “spouse’s or civil
partner’s home rights”.
     (20)
In paragraph 15(2), after “spouse” insert “, civil partner”.
Part 2
Consequential amendments
10
Land Compensation Act 1973 (c. 26)
17    (1)
Amend section 29A (spouses having statutory rights of occupation) as
follows.
      (2)
In subsection (1)—
(a)
for “one spouse (“A”)” substitute “one spouse or civil partner (“A”)”,
15
and
(b)
for “the other spouse (“B”) acquires matrimonial home rights”
substitute “the other spouse or civil partner (“B”) acquires home
rights”.
      (3)
In subsection (2) for “matrimonial home rights” substitute “home rights”.
20
      (4)
In the heading to section 29A, after “spouses” insert “and civil partners”.
Housing Act 1985 (c. 68)
18    (1)
Amend section 85 (extended discretion of court in certain proceedings for
possession) as follows.
      (2)
In subsection (5)—
25
(a)
in paragraph (a) for “tenant’s spouse or former spouse, having
matrimonial home rights” substitute “tenant’s spouse or former
spouse, or civil partner or former civil partner, having home rights”,
(b)
after “the spouse or former spouse” insert “, or the civil partner or
former civil partner,”, and
30
(c)
for “those matrimonial home rights” substitute “those home rights”.
      (3)
In subsection (5A)—
(a)
in paragraph (a), for “former spouse of the tenant” substitute “former
spouse or former civil partner of the tenant”, and
(b)
in paragraph (b) and in the words following paragraph (c) after
35
“former spouse,” insert “former civil partner,”.
19
In section 99B (persons qualifying for compensation) in subsection (2)(f),
after “spouse, former spouse,” insert “civil partner, former civil partner,”.
20
In section 101 (rent not to be increased on account of tenant’s improvements)
in subsection (3)(d), after “spouse, former spouse,” insert “civil partner,
40
former civil partner,”.

Civil Partnership Bill [HL]
Schedule 10 — Family homes and domestic violence
Part 2 — Consequential amendments
227

Insolvency Act 1986 (c. 45)
21    (1)
Amend section 336 (rights of occupation etc. of bankrupt’s spouse) as
follows.
      (2)
In subsection (1), for “matrimonial home rights” substitute “home rights”.
      (3)
In subsection (2)—
5
(a)
for “a spouse’s matrimonial home rights” substitute “a spouse’s or
civil partner’s home rights”, and
(b)
after “the other spouse” (in each place) insert “or civil partner”.
      (4)
In subsection (4)(b) and (c) after “spouse or former spouse” insert “or civil
partner or former civil partner”.
10
      (5)
In the heading to section 336 after “spouse” insert “or civil partner”.
22    (1)
Amend section 337 (rights of occupation of bankrupt) as follows.
      (2)
In subsection (2), for “spouse (if any) has matrimonial home rights”
substitute “spouse or civil partner (if any) has home rights”.
      (3)
In subsection (3)—
15
(a)
in paragraph (a), for “matrimonial home rights” substitute “home
rights”, and
(b)
in paragraph (c), after “spouse” insert “or civil partner”.
Housing Act 1988 (c. 50)
23    (1)
Amend section 9 (extended discretion of court in possession claims) as
20
follows.
      (2)
In subsection (5)—
(a)
for “tenant’s spouse or former spouse, having matrimonial home
rights” substitute “tenant’s spouse or former spouse, or civil partner
or former civil partner, having home rights”,
25
(b)
after “the spouse or former spouse” insert “, or the civil partner or
former civil partner”, and
(c)
for “those matrimonial home rights” substitute “those home rights”.
      (3)
In subsection (5A)—
(a)
for “former spouse of the tenant” substitute “former spouse or
30
former civil partner of the tenant”,
(b)
for “cohabitant, former cohabitant or former spouse” (in both places)
substitute “former spouse, former civil partner, cohabitant or former
cohabitant”.
Commonhold and Leasehold Reform Act 2002 (c. 15)
35
24    (1)
Amend section 61 (matrimonial rights) as follows.
      (2)
For “matrimonial home rights (within the meaning of section 30(2) of the
Family Law Act 1996 (c. 27) (matrimonial home))” substitute “home rights
(within the meaning of section 30(2) of the Family Law Act 1996 (c. 27)
(rights in respect of matrimonial or civil partnership home))”.
40
      (3)
In the heading to section 61 for “Matrimonial” substitute “Home”.

Civil Partnership Bill [HL]
Schedule 11 — Forbidden degrees of relationship: Scotland
228

Part 3
Transitional provision
25    (1)
Any reference (however expressed) in any enactment, instrument or
document (whether passed or made before or after the passing of this Act)—
(a)
to rights of occupation under, or within the meaning of, the
5
Matrimonial Homes Act 1983 (c. 19), or
(b)
to matrimonial home rights under, or within the meaning of, Part 4
of the Family Law Act 1996 (c. 27),

is to be construed, so far as is required for continuing the effect of the
enactment, instrument or document, as being or as the case requires
10
including a reference to home rights under, or within the meaning of, Part 4
of the 1996 Act as amended by this Schedule.
      (2)
Any reference (however expressed) in Part 4 of the 1996 Act or in any other
enactment, instrument or document (including any enactment amended by
this Schedule) to home rights under, or within the meaning of, Part 4 of the
15
1996 Act is to be construed as including, in relation to times, circumstances
and purposes before the commencement of this Schedule, references to
rights of occupation under, or within the meaning of, the 1983 Act and to
matrimonial home rights under, or within the meaning of, Part 4 of the 1996
Act without the amendments made by this Schedule.
20
Schedule 11
Section 84

Forbidden degrees of relationship: Scotland

Column 1
Column 2

1.—Relationships by consanguinity

Father
Mother

25

Son
Daughter

Father’s father
Father’s mother

Mother’s father
Mother’s mother

Son’s son
Son’s daughter

Daughter’s son
Daughter’s daughter

30

Brother
Sister

Father’s brother
Father’s sister

Mother’s brother
Mother’s sister

Brother’s son
Brother’s daughter

Sister’s son
Sister’s daughter

35

Civil Partnership Bill [HL]
Schedule 11 — Forbidden degrees of relationship: Scotland
229

Column 1
Column 2

1.—Relationships by consanguinity

Father’s father’s father
Father’s father’s mother

Father’s mother’s father
Father’s mother’s mother

Mother’s father’s father
Mother’s father’s mother

5

Mother’s mother’s father
Mother’s mother’s mother

Son’s son’s son
Son’s son’s daughter

Son’s daughter’s son
Son’s daughter’s daughter

Daughter’s son’s son
Daughter’s son’s daughter

Daughter’s daughter’s son
Daughter’s daughter’s daughter

10

2.—Relationships by affinity

Son of former wife
Daughter of former husband

Son of former civil partner
Daughter of former civil partner

Former husband of mother
Former wife of father

Former civil partner of father
Former civil partner of mother

15

Former husband of father’s mother
Former wife of father’s father

Former civil partner of father’s
Former civil partner of father’s

father
mother

Former husband of mother’s
Former wife of mother’s father

mother

20

Former civil partner of mother’s
Former civil partner of mother’s

father
mother

Son of son of former wife
Daughter of son of former husband

Son of son of former civil partner
Daughter of son of former civil

partner

25

Son of daughter of former wife
Daughter of daughter of former

husband

Son of daughter of former civil
Daughter of daughter of former

partner
civil partner

3.—Further relationships by affinity

30

Father of former wife
Mother of former husband