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90 | Objections to registration |
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(1) | Any person may at any time before the registration in Scotland of two people |
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as civil partners of each other submit in writing an objection to such |
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registration to the district registrar. |
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(2) | But where the objection is that the intended civil partners are not eligible to be |
| 5 |
in civil partnership with each other because either is incapable of |
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understanding the nature of civil partnership, it shall be accompanied by a |
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supporting certificate signed by a registered medical practitioner. |
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(3) | A person claiming that he may have reason to submit such an objection may, |
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free of charge and at any time when the registration office at which a notice of |
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proposed civil partnership to which the objection would relate is open for |
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public business, inspect any relevant entry in the civil partnership book. |
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(4) | Where the district registrar receives an objection in accordance with subsection |
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(a) | in any case where he is satisfied that the objection relates to no more |
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than a misdescription or inaccuracy in a notice submitted under section |
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(i) | notify the intended civil partners of the nature of the objection |
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and make such enquiries into the matter mentioned in it as he |
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(ii) | subject to the approval of the Registrar General, make any |
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necessary correction to any document relating to the proposed |
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(i) | at once notify the Registrar General of the objection, and |
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(ii) | pending consideration of the objection by the Registrar General, |
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suspend the completion or issue of the civil partnership |
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schedule in respect of the proposed civil partnership. |
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(5) | If the Registrar General is satisfied, on consideration of an objection of which |
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he has received notification under subsection (4)(b)(i) that— |
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(a) | there is a legal impediment to registration, he must direct the district |
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registrar not to register the intended civil partners and to notify them |
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(b) | there is no such impediment, he must inform the district registrar to |
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(6) | For the purposes of this section and section 92, there is a legal impediment to |
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registration where the intended civil partners are not eligible to be in civil |
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partnership with each other. |
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(1) | Two people may be registered as civil partners of each other at a registration |
| 40 |
office or any other place which they and the local registration authority agree |
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is to be the place of registration. |
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(2) | But the place must not be one where persons are known to meet for public |
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worship or one known to be regarded by persons of a religious faith as a place |
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(3) | “Local registration authority” has the meaning given by section 5(3) of the 1965 |
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Act; and “known” means known to the local registration authority. |
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92 | The civil partnership schedule |
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(a) | the district registrar has received a notice of proposed civil partnership |
| 5 |
in respect of each of the intended civil partners and— |
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(i) | is satisfied that there is no legal impediment to their registration |
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as civil partners of each other, or |
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(ii) | as the case may be, is informed under section 90(5)(b) that there |
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(b) | the 14 days mentioned in paragraph (b) of section 88(2) have expired |
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(or as the case may be the date which, by virtue of section 89, that |
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paragraph is to be construed as a reference to has been reached), and |
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(c) | the period which has elapsed since the day of receipt of the notices by |
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him (or, if the two notices were not received on the same day, since the |
| 15 |
day of receipt of the later) does not exceed 3 months, |
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he is to complete a civil partnership schedule in the prescribed form. |
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93 | Further provision as to registration |
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(1) | Before the persons present sign in accordance with section 83 the authorised |
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registrar is to require the intended civil partners to confirm that (to the best of |
| 20 |
their knowledge) the particulars set out in the civil partnership schedule are |
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(2) | As soon as practicable after the civil partnership schedule has been signed, the |
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authorised registrar must cause those particulars to be entered in a register (to |
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be known as the “civil partnership register”) supplied to him for that purpose |
| 25 |
by the Registrar General. |
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(3) | The form and content of any page of that register is to be prescribed. |
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(4) | A fee payable by the intended civil partners for their registration as civil |
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partners of each other is to be prescribed. |
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94 | Civil partnership with former spouse |
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(1) | Where an intended civil partner has a full gender recognition certificate issued |
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under section 5(1) of the Gender Recognition Act 2004 (c. 7) and the other |
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intended civil partner was the other party in the proceedings in which the |
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certificate was issued, the procedures for their registration as civil partners of |
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| 35 |
(a) | if they so elect, and |
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(b) | if each of them submits a notice under section 86(1) within 30 days after |
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the certificate is issued, |
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(2) | The registration may take place on any of the 30 days immediately following— |
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(a) | that on which the notices are submitted, or |
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(b) | (if the two notices are not submitted on the same day) that on which the |
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(3) | And accordingly there are to be disregarded— |
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(i) | in subsection (2)(b), the words from “being” to the end, and |
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(c) | in section 92, paragraph (b). |
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95 | Certificates of no impediment for Part 2 purposes |
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(1) | This section applies where— |
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(a) | two people propose to register as civil partners of each other under |
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(b) | one of them (“A”) resides in Scotland but the other (“B”) resides in |
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(2) | A may submit a notice of intention to register under section 86 as if A and B |
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intended to register as civil partners in the district in which A resides. |
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(3) | If the district registrar is satisfied (after consultation, if he considers it |
| 15 |
necessary, with the Registrar General) that there is no impediment (in terms of |
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section 90(6)) to A registering as B’s civil partner, he must issue a certificate to |
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A in the prescribed form that there is not known to be any such impediment. |
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(4) | But the certificate may not be issued to A earlier than 14 days after the receipt |
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(as entered in the civil partnership notice book) of the notice under subsection |
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(a) | the circumstances are as mentioned in section 94(1), and |
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(b) | A makes an election for the certificate to be issued as soon as possible. |
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(5) | Any person may, at any time before a certificate is issued under subsection (3), |
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submit to the district registrar an objection in writing to its issue. |
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(6) | Any objection made under subsection (5) must be taken into account by the |
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district registrar in deciding whether he is satisfied that there is no legal |
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impediment to A registering as B’s civil partner. |
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96 | Application of certain sections of 1965 Act to civil partnership register |
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Sections 34 (examination of registers by district examiners), 37(1) and (2) |
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(search of indexes kept by registrars), 38(1) and (2) (search of indexes kept by |
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Registrar General) and 44 (Register of Corrections etc.) of the 1965 Act apply in |
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relation to the civil partnership register as they apply in relation to the registers |
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of births, deaths and marriages. |
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97 | Correction of errors in civil partnership register |
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(1) | No alteration is to be made in the civil partnership register except as authorised |
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by or under this or any other Act (“Act” including an Act of the Scottish |
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(2) | Any clerical error in the register or error in it of a kind prescribed may be |
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corrected by the district registrar. |
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(3) | The Registrar General may authorise district examiners (“district examiner” |
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having the meaning given by section 2(1) of the 1965 Act) to correct any error |
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in the register of a type specified by him which they discover during an |
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examination under section 34 of the 1965 Act. |
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(1) | A person (“A”) commits an offence who registers in Scotland as the civil |
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partner of another person (“B”) knowing that either or both— |
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(a) | A is already married to or in civil partnership with a person other than |
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(b) | B is already married to or in civil partnership with a person other than |
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(2) | A person commits an offence who knowingly— |
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(a) | falsifies or forges any civil partnership document (that is to say, any |
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document issued or made, or purporting to be issued or made, or |
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required, under this Part), |
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(b) | uses, or gives or sends to any person as genuine, any false or forged |
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civil partnership document, |
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(c) | being an authorised registrar, purports to register two people as civil |
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partners of each other before any civil partnership schedule available to |
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him at the time of registration has been duly completed, |
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(d) | not being an authorised registrar, conducts himself in such a way as to |
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lead intended civil partners to believe that he is authorised to register |
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them as civil partners of each other, |
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(e) | being an authorised registrar, purports to register two people as civil |
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partners of each other without both of them being present, or |
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(f) | being an authorised registrar, purports to register two people as civil |
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partners of each other in a place other than a registration office or a |
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place agreed under section 91. |
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(3) | A person guilty of an offence under subsection (1) or (2) is liable— |
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(a) | on conviction on indictment, to imprisonment for a term not exceeding |
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2 years or to a fine (or both); |
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(b) | on summary conviction, to imprisonment for a term not exceeding 3 |
| 30 |
months or to a fine not exceeding level 3 on the standard scale (or both). |
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(4) | Summary proceedings for an offence under subsection (1) or (2) may be |
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commenced at any time within 3 months after evidence sufficient in the |
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opinion of the Lord Advocate to justify the proceedings comes to his |
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knowledge or within 12 months after the offence is committed (whichever |
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(5) | Subsection (3) of section 136 of the Criminal Procedure (Scotland) Act 1995 |
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(c. 46) (time limits) has effect for the purposes of this section as it has for the |
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purposes of that section. |
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Occupancy rights and tenancies |
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(1) | Where, apart from the provisions of this Chapter, one civil partner in a civil |
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partnership is entitled, or permitted by a third party, to occupy a family home |
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of the civil partnership (that civil partner being referred in this Chapter as an |
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“entitled partner”) and the other civil partner is not so entitled or permitted (a |
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“non-entitled partner”), the non-entitled partner has, subject to the provisions |
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of this Chapter, the following rights— |
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(a) | if in occupation, a right to continue to occupy the family home; |
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(b) | if not in occupation, a right to enter into and occupy the family home. |
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(2) | The rights conferred by subsection (1) to continue to occupy or, as the case may |
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be, to enter and occupy the family home include, without prejudice to their |
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generality, the right to do so together with any child of the family. |
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(3) | In subsection (1), an “entitled partner” includes a civil partner who is entitled, |
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or permitted by a third party, to occupy the family home along with an |
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individual who is not the other civil partner only if that individual has waived |
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a right of occupation in favour of the civil partner so entitled or permitted. |
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(4) | If the entitled partner refuses to allow the non-entitled partner to exercise the |
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right conferred by subsection (1)(b), the non-entitled partner may exercise that |
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right only with the leave of the Court of Session or the sheriff under section |
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(5) | A non-entitled partner may renounce in writing the rights mentioned in |
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paragraphs (a) and (b) of subsection (1) only— |
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(a) | in a particular family home, or |
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(b) | in a particular property which it is intended by the civil partners will |
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become their family home. |
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(6) | A renunciation under subsection (5) has effect only if, at the time of making the |
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renunciation, the non-entitled partner swears or affirms before a notary public |
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that it is made freely and without coercion of any kind. |
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| “child of the family” means a child under the age of 16 years who has been |
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accepted by both civil partners as a child of the family, and |
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| “family” means the civil partners in the civil partnership, together with |
| 35 |
any child so accepted by them. |
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(8) | In subsection (6), “notary public” includes any person duly authorised, by the |
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law of the country other than Scotland in which the swearing or affirmation |
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takes place, to administer oaths or receive affirmations in that other country. |
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100 | Occupancy: subsidiary and consequential rights |
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(1) | For the purpose of securing the occupancy rights of a non-entitled partner, that |
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partner is, in relation to a family home, entitled without the consent of the |
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(a) | to make any payment due by the entitled partner in respect of rent, |
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rates, secured loan instalments, interest or other outgoings (not being |
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outgoings on repairs or improvements); |
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(b) | to perform any other obligation incumbent on the entitled partner (not |
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being an obligation in respect of non-essential repairs or |
| 5 |
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(c) | to enforce performance of an obligation by a third party which that |
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third party has undertaken to the entitled partner to the extent that the |
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entitled partner may enforce such performance; |
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(d) | to carry out such essential repairs as the entitled partner may carry out; |
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(e) | to carry out such non-essential repairs or improvements as may be |
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authorised by an order of the court, being such repairs or |
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improvements as the entitled partner may carry out and which the |
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court considers to be appropriate for the reasonable enjoyment of the |
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(f) | to take such other steps, for the purpose of protecting the occupancy |
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rights of the non-entitled partner, as the entitled partner may take to |
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protect the occupancy rights of the entitled partner. |
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(2) | Any payment made under subsection (1)(a) or any obligation performed under |
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subsection (1)(b) has effect in relation to the rights of a third party as if the |
| 20 |
payment were made or the obligation were performed by the entitled partner; |
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and the performance of an obligation which has been enforced under |
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subsection (1)(c) has effect as if it had been enforced by the entitled partner. |
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(3) | Where there is an entitled and a non-entitled partner, the court, on the |
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application of either of them, may, having regard in particular to the respective |
| 25 |
financial circumstances of the partners, make an order apportioning |
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expenditure incurred or to be incurred by either partner— |
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(a) | without the consent of the other partner, on any of the items mentioned |
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in paragraphs (a) and (d) of subsection (1); |
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(b) | with the consent of the other partner, on anything relating to a family |
| 30 |
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(4) | Where both partners are entitled, or permitted by a third party, to occupy a |
| |
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(a) | either partner is entitled, without the consent of the other partner, to |
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carry out such non-essential repairs or improvements as may be |
| 35 |
authorised by an order of the court, being such repairs or |
| |
improvements as the court considers to be appropriate for the |
| |
reasonable enjoyment of the occupancy rights; |
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(b) | the court, on the application of either partner, may, having regard in |
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particular to the respective financial circumstances of the partners, |
| 40 |
make an order apportioning expenditure incurred or to be incurred by |
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either partner, with or without the consent of the other partner, on |
| |
anything relating to the family home. |
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(5) | Where one partner (“A”) owns or hires, or is acquiring under a hire-purchase |
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or conditional sale agreement, furniture and plenishings in a family home— |
| 45 |
(a) | the other partner may, without the consent of A— |
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(i) | make any payment due by A which is necessary, or take any |
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other step which A is entitled to take, to secure the possession |
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or use of any such furniture and plenishings (and any such |
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payment is to have effect in relation to the rights of a third party |
| 50 |
as if it were made by A), or |
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(ii) | carry out such essential repairs to the furniture and plenishings |
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as A is entitled to carry out; |
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(b) | the court, on the application of either partner, may, having regard in |
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particular to the respective financial circumstances of the partners, |
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make an order apportioning expenditure incurred or to be incurred by |
| 5 |
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(i) | without the consent of the other partner, in making payments |
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under a hire, hire-purchase or conditional sale agreement, or in |
| |
paying interest charges in respect of the furniture and |
| |
plenishings, or in carrying out essential repairs to the furniture |
| 10 |
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(ii) | with the consent of the other partner, on anything relating to the |
| |
furniture or plenishings. |
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(6) | An order under subsection (3), (4)(b) or (5)(b) may require one partner to make |
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a payment to the other partner in implementation of the apportionment. |
| 15 |
(7) | Any application under subsection (3), (4)(b) or (5)(b) is to be made within 5 |
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years after the date on which any payment in respect of such incurred |
| |
| |
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(a) | the entitled partner is a tenant of a family home, |
| 20 |
(b) | possession of it is necessary in order to continue the tenancy, and |
| |
(c) | the entitled partner abandons such possession, |
| |
| the tenancy is continued by such possession by the non-entitled partner. |
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(9) | In this section “improvements” includes alterations and enlargement. |
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101 | Regulation by court of rights of occupancy of family home |
| 25 |
(1) | Where there is an entitled and a non-entitled partner, or where both partners |
| |
are entitled, or permitted by a third party, to occupy a family home, either |
| |
partner may apply to the court for an order— |
| |
(a) | declaring the occupancy rights of the applicant partner; |
| |
(b) | enforcing the occupancy rights of the applicant partner; |
| 30 |
(c) | restricting the occupancy rights of the non-applicant partner; |
| |
(d) | regulating the exercise by either partner of his or her occupancy rights; |
| |
(e) | protecting the occupancy rights of the applicant partner in relation to |
| |
| |
(2) | Where one partner owns or hires, or is acquiring under a hire-purchase or |
| 35 |
conditional sale agreement, furniture and plenishings in a family home and the |
| |
other partner has occupancy rights in that home, that other person may apply |
| |
to the court for an order granting to the applicant the possession or use in the |
| |
family home of any such furniture and plenishings; but, subject to section 100, |
| |
an order under this subsection does not prejudice the rights of any third party |
| 40 |
in relation to the non-performance of any obligation under such hire-purchase |
| |
or conditional sale agreement. |
| |
(3) | The court is to grant an application under subsection (1)(a) if it appears to the |
| |
court that the application relates to a family home; and, on an application |
| |
under any of paragraphs (b) to (e) of subsection (1) or under subsection (2), the |
| 45 |
court may make such order relating to the application as appears to it to be just |
| |
and reasonable having regard to all the circumstances of the case including— |
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