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Schedule 6 - Financial Relief in the High Court or a county court etc.
546. Schedule 6 provides for adjustment of financial provision and property rights of civil partners when a civil partnership is brought to an end and provides corresponding rights to those available to married people on divorce.
Part 1 - Financial Provision in Connection With Dissolution, Nullity or separation
547. This Part outlines the circumstances in which the High Court or a county court (with jurisdiction) can make an order for financial provision relating to dissolution, nullity or separation orders in connection with a civil partnership. It states that the court may make an order for a lump sum or for periodical payments to be made from one civil partner to the other or to a child of the family, or to a particular person for the benefit of a child of the family. The court can order periodic payments to be made for a specified time only and can order the civil partner paying to secure the payments by means of a charge or other arrangement. Part 1 also provides for special provisions to be made for lump sum orders either to be paid in instalments or to be secured by a charge on property. Lump sums payments can take account of liabilities or reasonable expenses incurred before the application was made. Where a lump sum order is deferred or ordered to be paid in instalments provision can be made for interest. Where an order is for periodical payments or a lump sum solely to the other civil partner in dissolution or nullity proceedings the order or settlement does not take effect until the dissolution or nullity order has been made final.
Part 2 - Property adjustment on or after dissolution, nullity or separation.
548. This Part allows for property adjustment orders to be made on or after dissolution, nullity or separation. This provides for property to be transferred from one civil partner to the other or to a child of the family or to another person for the benefit of a child of the family. It also allows for a settlement for specified property to be made for the benefit of the other civil partner and/or children of the family. An order for a relevant settlement can be varied and the interest extinguished or reduced. Variation of property adjustment order may be made even if there are no children of the family. In the case of a dissolution or nullity order the property adjustment or settlement can only take effect after the dissolution or nullity order has been made final.
Part 3 - Sale of Property Orders
549. This Part provides for orders for sale of specified property in which either or both civil partners have a beneficial interest. The sale of the property order can contain supplementary or consequential provisions, in particular it can include provision for payments out of the proceeds of the sale or for the property to be offered for sale to a particular person or group of people. In the case of a dissolution or nullity order the sale of property order can only take effect after the dissolution or nullity order has been made final. Where an order for sale of property contains a provision that the sale of the property can be used to secure regular payments, then such an order would cease to have effect on the death, re-marriage of or formation of a subsequent civil partnership by the civil partner in whose favour the order had been made. The court can direct when the order for sale should take place and there are provisions for third parties with interests in the property to make representations.
Part 4 - Pension Sharing Orders On or After Dissolution or Nullity Order
550. The Part provides for a pension sharing order to be made so that both civil partners share the benefit of the value of a pension that had previously been held by only one of the partners. The value of the pension is effectively split and the court specifies the amount (in percentage terms) transferred to the other civil partner. The Court can apportion any charge from the cost of making pension sharing arrangements. A pension sharing order cannot be made on a pension that is, or has already been, the subject of a pension sharing order between the same two civil partners, or where there is already in force an order under Part 6 in relation to the same pension. The order can only take effect after the dissolution or nullity order has been made final. The Lord Chancellor, in regulations, can set a minimum period before a pension order can take effect.
Part 5 - Matters to which the Court is to have regard under Parts 1 to 4
551. This Part sets out the matters which the court must consider when exercising its powers to make orders under the preceding four Parts. Whilst all the circumstances of the case have to be considered the first consideration has to be given to any child of the family under 18 years old. The criteria the court must consider under this Part are parallel to those contained in Section 25 of the Matrimonial Causes Act 1973 and reflect the relative financial positions of the civil partners, their current and future obligations, their age and the duration of the civil partnership and the contributions each civil partner has made to the welfare of the family, whether in financial terms or by caring or looking after the home. The conduct of each civil partner will be taken into account if it would be unfair to disregard it. When exercising the powers in relation to a child of the family the court has to consider the financial needs and resources of the child in addition to the financial position of the civil partners. Where a child is not a child of one of the civil partners the court needs to look at any responsibility that civil partner had assumed for the child and the duration of such responsibility. The court has to consider the appropriateness of the orders under Parts 1 to 4 in respect of termination of financial dependence or involvement.
Part 6 - Making of Part 1 Orders Having Regard to Pension Benefits
552. This Part describes the matters the court must have regard to when taking into account the considerations in Part 5 where a pension arrangement exists and the procedure for making orders in relation to a pension benefit of one civil partner when it becomes due to make payments (in terms of an amount or percentage) for the benefit of the other civil partner. Any such payment discharges the civil partner's liability under the order. Where no pension sharing order has been made on the pension arrangement and that pension includes a lump sum payable on death the court can order that the other civil partner receives the whole or part of that sum. The Lord Chancellor can make regulations addressing: payment from a pension arrangement to be made for the benefit of the other civil partner, the terms on which payment is made, payments made under a mistaken belief, discharges from requirements imposed by this Part, calculation and verification of the valuation of the pension.
Part 7 - Maintenance Pending Outcome of Dissolution, Nullity or Separation Proceedings
553. This Part allows for the court to order one of the civil partners to make periodic payments for maintenance for the other civil partner before the final outcome of the proceedings has been determined.
Part 8 - Failure to maintain: Financial provision (and interim orders)
554. This Part allows either civil partner to apply to the court because the other civil partner has failed to maintain them adequately or has failed to provide for, or make a proper contribution towards, the welfare of any child of the family. The court is empowered to make a range of orders, including orders for periodic payments for a set period of time, a lump sum payment and an order to secure payments. The court may make an order in favour of the other civil partner, the child of the family or another person for the benefit of the child. An order for a lump sum payment can be made to cover reasonable expenses and liabilities incurred in maintaining the applicant or any child of the family before the application was made. Where there is immediate need of financial assistance an interim order can be made. The Part sets out the matters the court must consider when deciding whether proper maintenance has been provided, which are the same as used in other financial provision cases as set out in Part 5.
Part 9 - Commencement of certain proceedings and duration of certain orders
555. This Part establishes that, subject to any rules of court, applications for financial provision can be commenced at any time after the application for a dissolution, nullity or separation order. The Part also establishes provisions for the circumstances when orders will cease to have effect or cannot be applied for, for example when a child of the family reaches the age of 18 and where a civil partner in receipt of periodic payment marries or forms a subsequent civil partnership. It also deals with applications for periodical payments where a maintenance calculation is still in force.
Part 10 - Variation, discharge etc of certain orders for financial relief
556. This Part establishes conditions for the court to vary financial orders made and includes powers to vary orders, discharge orders, suspend or revive suspended provisions of an order, remit arrears and to vary property adjustment and pension sharing orders. Where a court discharges or varies a periodical payments order the court can make additional provision through one of the other orders. The Part gives the circumstances in which a child who is sixteen or over can apply for the variation of a periodical payments order. The court may vary periodic payments which are secured when the person liable has died and deal with the liability within the context of the deceased person's estate. The court will also have power to direct when the variation or other order will take effect.
Part 11 - Arrears and repayments
557. This Part deals with arrears and repayments and provides that arrears cannot be enforced without the leave of the court. The court can order repayment of various sums paid under certain circumstances, for example sums paid by mistake when an order had already ceased to have effect because the recipient had married or formed another civil partnership.
Part 12 - Consent orders and maintenance agreements
558. In this Part provisions are made for civil partners to reach agreement on the terms of financial orders and for the court to make an order (a consent order) on terms as set out by the parties and presented to the court. There are also provisions for agreements to be altered by the court during the lives of the parties, restrictions on applications to magistrates' courts for maintenance and provisions relating to the duration and limits of periodical and secured periodical payments where those provisions are inserted into an agreement to alter it. This Part also provides for agreements to be altered after the death of one of the parties, if an agreement for maintenance allows for payments after the death of one of the parties.
Part 13 - Miscellaneous and supplementary
559. This Part provides: for the court to make orders overturning transactions carried out in an attempt to defeat financial orders under the Schedule provisions for a settlement to be overturned on the bankruptcy of the person who made it; for orders for payments made to a person suffering from a mental disorder to be paid to another person and; for appeals when a pension order has taken effect. This Part also defines a number of terms used in the Schedule.
Schedule 7 - Financial relief in magistrates' courts etc.
560. Schedule 7 provides for civil partners to apply to magistrates' courts for maintenance for themselves and children of the family.
Part 1 - Failure to maintain etc: Financial provision
561. This Part sets out the circumstances in which an order can be made and the types of orders which can be made. The court can make an order for either lump sum payments or periodical payments to be made if it is satisfied that the civil partner has not made reasonable provision to maintain the applicant or a child of the family. A lump sum payment can take into consideration expenses or liabilities reasonably incurred in maintaining the applicant or child prior to the making of the order. The Part sets out the matters the court is to take into account when determining what orders it should make both in respect of civil partners and in respect of children. These include, amongst other things, the financial resources of the applicant and the civil partner concerned and the financial needs, earning capacity and education of the child. Where the child of the family is not the respondent's child the court must also consider whether anyone else is liable to maintain the child and whether the respondent has assumed any responsibility to maintain the child. Whilst the court must have regard to all the circumstances of the case, the welfare of any child under the age of 18 should be the first consideration. The court can adjourn the proceedings if the civil partners wish to attempt a reconciliation and must refuse to make an order if an application to the High Court (under Part 8 of Schedule 6) is more appropriate.
Part 2 - Orders for agreed financial provision
562. This Part allows civil partners to apply to the court for a financial provision order on the ground that the other civil partner has agreed to make financial provision for them or for a child of the family. The court has power to make alternative orders if both civil partners agree.
Part 3 - Orders of court where civil partners are living apart by agreement
563. This Part allows the court to make orders for periodical payments for maintenance to be made by one civil partner to the other for that civil partner or for a child of the family. Such orders can be made where the civil partners have been living apart for a continuous period exceeding 3 months and one of the civil partners has been making periodical payments during that three-month period. However, the court cannot order the civil partner to make payments which, during any period of three months, would amount to more than he paid over the three months prior to the application. If the court considers that an order under this Part would not provide reasonable maintenance for the civil partner or for a child of the family, the court may treat the application as if it were an application for an order under Part 1. The matters which the court must take into account when making an order under this Part are the same as those in Part 1.
Part 4 - Interim orders.
564. This Part allows the court to make interim orders when applications have been made under any of the provisions in Parts 1, 2 and 3. The interim order will require the civil partner to make periodic payments to the applicant or to a child of the family. The court can set the date when payments under the order begin and when the order ceases to have effect. However, the start date cannot be prior to the date of an application for an order under Parts 1, 2 or 3. The order will also cease to have effect when the court makes its final decision on the application or 3 months after the date on which the interim order was made, whichever is earliest.
Part 5 - Commencement and duration of orders under Parts 1, 2 and 3
565. This Part makes provision for when orders made under Parts 1, 2 and 3 can begin, age limits for making orders for children (the court cannot make an order in favour of a child over the age of 18 unless the child is in full-time education or undergoing training) and the length of time for which the orders can remain in force. Orders will cease to apply if the civil partners live with each other for a continuous period of six months.
Part 6 - Variation etc. of orders
566. This Part sets out the powers the courts have to vary or revoke periodical payment orders and to suspend or revive any provision of the orders. The court has power to order a lump sum payment in place of an order for periodical payments and vary a periodical payment order by specifying when such an order is to come into effect. The Part sets out the procedure for making such an order and the matters which the court is to consider when exercising its powers under this Part. Either civil partner can apply to have an order varied, as can a child of 16 or over in relation to orders for periodical payments to or in respect of a child.
Part 7 - Arrears and repayments
567. This Part deals with arrears and repayments and provides the court with powers for the enforcement of orders. It also allows for sums paid under an order after it had ceased to have an effect, because the person entitled to receive the sums had married or had formed a subsequent civil partnership, to be refunded. The magistrates' court will have power to enforce the order in the same way as it can enforce any other maintenance order.
Part 8 - Supplementary
568. This Part provides certain supplementary provisions. For instance, it applies to orders made under the appropriate Schedule of the Domestic Proceedings and Magistrates' Courts Act 1978 so as to provide for appeals, the constitution of the court and the powers of the High Court and the county court in relation to certain orders, so as to match the provisions available for married people. It also stipulates that the jurisdiction of the magistrates' court under this Schedule be exercisable even if one of the parties is not domiciled in England.
Schedule 8 - Financial relief in England and Wales after overseas dissolution etc. of a civil partnership
569. This Schedule provides for applications in courts in England and Wales for financial relief following the dissolution, annulment or legal separation of civil partners as a result of legal proceedings in an overseas county. The provisions correspond to those available for overseas divorces etc in Part III of the Matrimonial and Family Proceedings Act 1984.
Part 1 Financial Relief
570. Part 1 provides that the Schedule will apply where a civil partnership has been dissolved or annulled or the civil partners have been legally separated in an overseas country and the dissolution etc is entitled to be recognised as valid in England and Wales. Sub-paragraph 2 of paragraph 1 provides that for the purposes of application for financial relief, the dissolution, annulment or separation may have taken place before the Civil Partnership Act is brought into force. Sub-paragraph 3 of paragraph 1 defines an overseas country as a country or territory outside the British Islands and sub-paragraph 4 defines a child of the family.
571. Under Paragraph 2 either civil partner may apply to the court for orders under Paragraph 9 or 13 of the Schedule. However, under Paragraph 3 no application will be possible if the applicant has subsequently entered into a new civil partnership or married. Paragraph 4 provides that leave of the court is required for an application to be made.
572. Under Paragraph 5 where it appears to the court that the applicant or a child of the family is in need of immediate assistance, an interim order for maintenance may be made in favour of the applicant or the child.
573. Paragraph 7 sets out the criteria the court will use to determine whether it has jurisdiction to deal with an application for financial relief following an overseas dissolution etc. One of the civil partners must be domiciled or have been habitually resident in England and Wales for a period of one year when the application is made or when the civil partnership was dissolved or annulled or the order for legal separation was made. Alternatively either or both of the civil partners must have an interest in a dwelling-house in England and Wales on the date of application for leave to apply which was at some time during the civil partnership a civil partnership home of the civil partners.
574. Paragraph 8 provides that the court must consider whether England and Wales is the appropriate venue for the application, and outlines the criteria the court is to take into account when considering this.
575. Paragraph 9 describes the orders that the court is able to make on applications under this Schedule. The court may make the same orders for financial provision as are available for civil partnerships registered in England and Wales under Part 1, 2 and 4 of Schedule 6 of the Bill including orders for property adjustment and pension sharing if the civil partnership has been dissolved or annulled. If the partners are legally separated the court may make orders for financial provision and property adjustment as provided in Part 1 and 2 of Schedule 6 to the Bill.
576. Paragraph 10 sets out the matters to which the court must have regard when exercising its powers under this Schedule, which are the same as those to be considered when making financial provision for civil partners in civil partnerships registered in England and Wales and for any children involved.
577. Paragraph 11 establishes the restrictions on the court's powers when its jurisdiction to deal with the application arises only from the fact that the civil partnership home is situated in England and Wales. In these circumstances the court may make various orders including for lump sum payments, transfer of the property or sale of the property.
578. Paragraph 12 provides for the court to make an order on terms agreed by the civil partners (a consent order).
579. Paragraph 13 provides for the court to order transfer of tenancies of dwelling houses.
580. Paragraph 14 applies certain provisions of Schedule 5 to interim orders or orders for financial provision, property adjustment and pension sharing made under paragraphs 5 and 9 of this Schedule.
581. Paragraph 15 provides for the avoidance of transactions designed to defeat claims under paragraphs 5 and 9. Where one of the civil partners (A) is granted leave to make an application for an order under paragraph 9 and the court is satisfied that the other civil partner (B) is, with the intention of defeating a claim by (A), about to deal with any property, it may make an order restraining (B) from doing so. Paragraph 15 also provides that where one civil partner (A) is granted leave to make an application under paragraph 9 or where an order has been made under paragraph 5 or 9 and the other civil partner (B) has, with the intention of defeating a claim by (A), made a disposition, then the court may in certain circumstances set aside the disposition.
582. Paragraph 16 provides circumstances in which it can be presumed, for the purposes of paragraph 15, that the person who disposed of or is about to dispose of property did so, or is about to do so, with the intention of defeating the other civil partner's claim.
Part 2 - Steps To Prevent Avoidance Prior To Application For Leave Under paragraph 4
583. Part 2 provides the court with powers to make such orders as it thinks fit restraining a party from making any disposition or transfer out of the jurisdiction intended to defeat the other party's prospective claim. The court may only make an order under this Part where the applicant intends to apply for leave to make an application for an order under paragraph 9 as soon as he or she has been habitually resident in England and Wales for one year.
Part 3 - Supplementary
584. Part 3 clarifies the meaning of and defines various terms for the purposes of this Schedule and provides that the provisions relating to avoidance and prevention of transactions are without prejudice to any power of the High Court to grant injunctions under section 37 of the Supreme Court Act 1981.
Schedule 9 - Housing and Tenancies
585. Schedule 9 makes amendments to a range of enactments relating to housing and tenancies, in order to ensure equality of treatment between spouses and civil partners. Schedule 9 extends only to England and Wales.
586. Paragraph 1 extends section 149(6) of the Law of Property Act 1925 so as to apply to civil partnership as it does to marriage. It provides that where a lease, underlease or contract to enter into a lease is expressed as for any term of years determinable on the formation of a civil partnership, the arrangement will take effect as for a term of 90 years determinable after the formation of a civil partnership by the original lessee or the survivor of the original lessees.
587. Paragraph 2 amends paragraph 1(e) of Schedule 3 to the Landlord and Tenant Act 1954. The Act provides security of tenure for residential tenants on the termination of long tenancies at low rents. Landlords can only seek possession on specified grounds, i.e. those specified in Schedule 3. Ground 1(e) is that the premises are required by the landlord for him or specified members of his family to live in, those family members including his or his spouse's father or mother. Ground 1(e) is amended so that the father or mother of the landlord's civil partner is included.
588. Paragraphs 3 to 7 amend the Leasehold Reform Act 1967. This Act enables tenants of houses held on long leases at low rents to acquire the freehold or an extended lease.
589. Paragraph 3 amends section 1(1ZC)(c), which excludes tenancies under Part 2 of the Landlord and Tenant Act 1954 (business tenancies) from the definition of long lease, unless one of the specified exemptions applies. One of the specified exemptions is a tenancy taking effect under section 149(6) of the Law of Property Act 1925 (leases terminable after a death or marriage). Changes consequential to those made to that section (dealt with in paragraph 1 of Schedule 9 to the Bill) are therefore made by paragraph 3, i.e. to refer also to tenancies terminable after the formation of a civil partnership.
590. Paragraph 4 amends section 1B, which provides that tenancies terminable by notice after death or marriage carry the right to enfranchisement only, not the right to an extension of the lease. The amendment is to refer also to tenancies terminable by notice after the formation of a civil partnership.
591. Paragraph 5 amends section 3, which governs the meaning of 'long tenancy' for Part 1 of the Act. The term includes leases terminable after a death or marriage, and a change is made to add a lease terminable after the formation of a civil partnership, consequential upon the change made by paragraph 1 to section 149(6) of the Law of Property Act 1925. A tenancy terminable by notice after a death or marriage is not to be treated as a long tenancy in certain circumstances - a change is made to refer also to tenancies terminable by notice after the formation of a civil partnership.
592. Paragraph 6 amends section 7(7). Section 7 governs the rights of a family succeeding to a tenancy on the death of the tenant. Subsection (7) defines the members of family entitled to succeed to the tenancy, and includes several references to 'wife or husband'. These references are amended so that they become references to 'spouse or civil partner'.
593. Paragraph 7 amends section 18(3). Section 18 empowers the landlord to apply for a declaratory court order that he may resume possession of the property on the ground that it is required by him for occupation as his residence, or as a residence for an adult member of his family. The definition of member of the family is in subsection (3), and includes numerous references to 'wife or husband'. These are amended to become references to 'spouse or civil partner'.
594. Paragraph 8 amends the Caravan Sites Act 1968. Section 3 of this Act concerns the protection of persons occupying caravans under residential contracts against eviction or harassment. Section 3 is being amended so that surviving civil partners are added alongside the references to widows and widowers, so that they will be entitled to the same protection as widows and widowers.
595. Paragraphs 9 and 10 amend section 3 and 4 of the Rent (Agriculture) Act 1976 to give surviving civil partners of a tenant of a protected or statutory tenancy of agricultural land the same rights as would apply to a surviving spouse. The amendment to subsection 5A of section 4 states the position regarding cohabitants living together in a relationship equivalent to that of a husband and wife or of civil partners, providing that all such couples are to be treated equally.
596. Paragraph 11 amends the right of the Secretary of State in England and the National Assembly for Wales to obtain information about certain tenancies of agricultural land so that the right applies equally to property occupied by a person who has been married to and a person who has been a civil partner of a person who has been employed in agriculture.
597. Paragraphs 13 and 14 amend the Rent Act 1977. Paragraph 13 gives surviving civil partners the same right to succeed to a statutory tenancy as a surviving spouse. The amendment states the position regarding cohabitants living together in a relationship equivalent to that of a husband and wife or of civil partners, providing that all such couples are to be treated equally.
598. Paragraph 14 amends the grounds for possession applicable to Rent Act tenancies to equalise the position of spouses and civil partners. The Act provides security of tenure for residential tenants and landlords can only seek possession on specified grounds, i.e. those specified in Schedule 15 to the Rent Act 1977.
599. Paragraph 15 amends the Protection from Eviction Act 1977. This amendment extends the protection from eviction from agricultural land afforded to a spouse to a surviving civil partner of an agricultural worker. The provisions apply where an agricultural worker occupied premises under the terms of his employment but his tenancy or licence was not a statutory tenancy under the Rent (Agriculture) Act 1976.
600. Paragraph 16 amends section 54 of the Housing Act 1980. Section 54 provides that a protected shorthold tenancy may not be assigned except under the terms of a court order in matrimonial or family proceedings. This amendment adds orders in family proceedings under this Act to the list of relevant proceedings.
601. Paragraph 17 makes consequential amendments to the Housing Act 1980 to reflect the amendments made to the Rent (Agriculture) Act 1976.
602. Paragraphs 18 to 35 amend the Housing Act 1985.
603. Paragraph 18 amends the definition of an "exempted disposal" of land in Section 39 of the Housing Act 1985. Where a local authority has voluntarily disposed of land under Section 32 of Housing Act 1985 in certain areas, including National Parks, the conveyance, assignment or grant may include limitations on any subsequent disposal other than an exempted disposal. Section 39 defines an exempted disposal as including a disposal to a qualifying person. Paragraph 18 adds civil partners and former civil partners to the list of qualifying persons.
604. Paragraph 19 provides further that disposals made under a property adjustment order or orders for the sale of property in connection with civil partnership proceedings will count as an exempt disposal.
605. Paragraphs 20 to 22 amend sections 87 to 89 of the Housing Act 1985 which concern succession to a secure tenancy. A person is only qualified to succeed to a secure tenancy if they meet the requirements of Section 87 and the tenant did not himself succeed to the tenancy. The amendment to Section 87 ensures that civil partners have the same rights to succeed to a secure tenancy as a spouse. The amendment to section 88 adds court orders for the assignment of a tenancy in connection with civil partnership to the list of assignments which do not count as a succession.
606. Paragraph 22 amends section 89 which sets out the procedure to follow if there is more than one person qualified to succeed to the tenancy. The amendment to subsection (2)(a) means that a spouse or civil partner will be given preference over other classes of qualifying successors. The subsection 3 (a) states that if there is no person qualifying to succeed to the tenancy then that tenancy ceases to be a secure tenancy unless a disposal is made in accordance with certain court orders. The amendment to subsection 3 (a) (iv) adds property adjustment orders, in connection with civil partnership dissolution proceedings to the list of court orders.
607. Paragraph 23 amends section 90(3) which provides rules for the devolution of a fixed term secure tenancy on the death of the tenant. Such a tenancy would cease to be a secure tenancy unless it passes to a person qualified to succeed or an assignment is made in pursuance of certain court orders. This paragraph adds disposals made under a property adjustment order, or orders for the sale of property in connection with civil partnership dissolution proceedings to that list of court orders.
608. Paragraph 24 amends section 91 which prevents the assignment of a secure tenancy unless the assignment falls within one of the exceptions in section 91(3) which include assignments as a result of a court order in matrimonial or family proceedings. This amendment adds assignments made under a property adjustment order in connection with civil partnership proceedings to the list of permitted assignments.
609. Paragraph 25 amends section 99B of the Housing Act 1985. Section 99 states that secure tenants may make improvements to their property provided the landlord gives written consent, which must not unreasonably be withheld. Section 99A sets out that tenants may be paid compensation for those improvements when the tenancy comes to an end. Section 99B sets out the people who qualify for compensation and to this list is added people who have been assigned the tenancy through a disposals made under a property adjustment order, in connection with civil partnership dissolution proceedings.
610. Paragraph 26 amends Section 101(3)(c) of the Housing Act 1985. Section 101 states that the rent on a property should not be increased on account of the improvements the tenant has made under Section 99 of the Housing Act 1985. This includes raising the rent of any qualifying successor. This section ensures that people who have been assigned the tenancy through disposals made under a property adjustment order, in connection with civil partnership dissolution proceedings are qualifying successors.
611. Paragraph 27 amends the definitions of "member of a person's family" in Parts 3 and 4 of the Housing Act 1985 to include civil partners or civil partnership alongside references to spouses or to marriage. The amendment also provides that the definition extends to couples who are living together as if they were civil partners as well as people who are living together as husband and wife.
612. Paragraph 28 amends the definition in Section 123 of family members with whom the right to buy under Part 5 of the Housing Act 1985 may be exercised to include civil partners. The right to buy is a statutory scheme enabling secure tenants to buy the homes that they live in, at a discount, from their landlord. Landlords are most often Local Housing Authorities, but Registered Social Landlords may also have tenants who have the Right to Buy for historical reasons or a "preserved right to buy" as a result of large-scale voluntary transfers of properties from LHA ownership.
613. Paragraph 29 amends section 130 of the Housing Act 1985. Section 130 allows deductions to be made from the discount applicable to a right to buy purchase where one of the purchasers or their spouse (or deceased spouse) has previously purchased a property and received a discount under the right to buy. Paragraph 29 includes any previous discount received by a civil partner or deceased civil partner in S130(3).
614. Paragraph 31 amends section 171B of the Housing Act 1985 which defines qualifying tenants and properties for the purposes of the preserved right to buy. The preserved right to buy gives certain tenants who were secure tenants at the point when their property was transferred to a private sector landlord or their successors a continuing right to buy their property at a discount. The amendment ensures that a person who obtained the secure tenancy from a qualifying tenant as a result of a property adjustment order in civil partnership proceedings will count as a qualifying successor.
615. Paragraph 32 amends section 554(2A) of the Housing Act 1985. Section 554(2A) requires a registered social landlord other than a co-operative to grant or arrange for the grant of a secure tenancy to certain occupiers of dwellings it has acquired. The amendment allows a civil partner of a former owner-occupier, who was previously a secure tenant, to obtain a tenancy on the same terms as a spouse.
616. Paragraph 33 amends the domestic violence ground for possession of a secure tenancy to include domestic violence by or against a civil partner. It also provides that the ground for possession includes domestic violence against someone living as if they were a civil partner.
617. Paragraph 34 amends paragraphs 2, 5 and 5A of Schedule 4 to the Housing Act 1985 so that time spent by a civil partner as a public sector tenant or occupying forces accommodation will be counted towards the qualifying period for the right to buy and discount entitlement. It also ensures that civil partners are included as qualifying persons for the preserved right to buy.
618. Paragraph 35 amends Schedule 6A to the Housing Act 1985 to equalise the treatment of spouses and civil partners in respect of the terms of a purchase made under the right to acquire a property on rent to mortgage terms in Section 150 of the Housing Act 1985. The "rents to mortgage" scheme introduced by the Housing Act 1985 allows a tenant to buy his property by turning his existing rent payments into mortgage repayments supporting a capital sum borrowed and paid over to the landlord. The outstanding amount is secured by a charge on the property in favour of the landlord.
619. Paragraphs 36-39 amend the Agricultural Holdings Act 1986.
620. Paragraph 36 extends the definition of "close relative" in sections 35(2) and 49(3) of the Agricultural Holdings Act 1986 to civil partners for the purposes of statutory succession to an agricultural tenancy.
621. Paragraphs 37 and 38 relate to the criteria for satisfying the livelihood test for succession to an agricultural tenancy, which requires that for five out of the seven years prior to the date of the death or retirement of the previous tenant, a potential successor has derived their livelihood from agricultural work on the holding. They insert new sections 36(4A) and 50(3A) in the Agricultural Holdings Act 1986 and provide that in the case of a civil partner, the reference to agricultural work shall be read as a reference to agricultural work carried out by either the civil partner or the deceased/retiring tenant, or the civil partner and the deceased/retiring tenant.
622. Paragraph 39 amends Schedule 6 of the Agricultural Holdings Act 1986 in relation to the "occupancy condition" for succession to an agricultural tenancy i.e. that a potential successor is not already the occupier of a commercial unit of agricultural land.
623. Paragraph 39(2) amends paragraph 1(2) of Schedule 6 of the Agricultural Holdings Act 1986 and for the purposes of the occupancy condition extends the definition of when a body corporate is controlled by a close relative of the deceased, to control by a close relative and a civil partner as well as a spouse, or by the close relative and civil partner together.
624. Paragraph 39(3) amends paragraph 1(3) of Schedule 6 of the Agricultural Holdings Act 1986 and provides that for the purposes of the occupancy condition any reference in the Schedule to the close relative of the civil partner does not apply where the civil partnership has come to an end.
625. Paragraph 39(4) amends paragraph 6(2) of Schedule 6 of the Agricultural Holdings Act 1986 in respect of situations where occupation is to be disregarded for the purposes of the occupancy condition. The amendment extends the situation in which the disregard does not apply to the case of a tenancy or licence granted to a close relative of the deceased by the civil partner as well as by his spouse.
626. Paragraph 39(5) amends paragraph 9(1)(a) of Schedule 6 of the Agricultural Holdings Act for the purposes of the occupancy condition and joint occupation and provides that occupation by the civil partner of the close relative of the deceased shall be treated as occupation by the relative.
627. Paragraph 39(6) amends paragraph 9(2) of Schedule 6 of the Agricultural Holdings Act 1986 so that where, by virtue of paragraph 9(1) of Schedule 6, joint occupation of land by the civil partner of a relative, amounts to occupation by the civil partner, the provisions as to joint occupation in paragraphs 7(2) and (3) will apply to the relative of the civil partner as if he were the holder of the interest.
628. Paragraph 39(7) amends paragraph 10(3) of Schedule 6 of the Agricultural Holdings Act 1986 and for the purposes of the occupancy condition extends the definition of a "connected person" in relation to a close relative of the deceased to the relative's civil partner, as well as the spouse.
629. Paragraph 40 amends section 4 of the Landlord and Tenant Act 1987. Part 1 of the 1987 Act gives qualifying tenants a right of first refusal in some circumstances if their landlord chooses to dispose of his interest in their property. Section 4 protects landlords, by allowing them to make some disposals without triggering the right of a tenant to first refusal. Paragraph 40 ensures that a disposal to a civil partner or a member of their family will be dealt with in the same way as a disposal to a spouse or a member of their family and that a disposal following a property adjustment order or order for sale in connection with civil partnership proceedings will be treated in the same way as a disposal following matrimonial or family proceedings.
630. Paragraphs 41 to 45 amend the Housing Act 1988.
631. Paragraph 41 amends section 17 to give civil partners the same rights to succeed to an assured tenancy as spouses. The amendment also states that people who are living together as husband and wife or as civil partners have the same rights to succeed to an assured tenancy.
632. Paragraph 42 amends 82(1)(b) to allow the Housing Corporation or the National Assembly for Wales the power to provide legal assistance to a surviving civil partner of a former secure or introductory tenant of a housing action trust (HAT) on the same basis as they may assist a surviving spouse. This power only arises in connection with a dispute between the tenant or surviving spouse or civil partner and a new landlord who has acquired the property following a disposal by the HAT under section 79 of the 1988 Act.
633. Paragraph 43 amends the grounds for possession applicable to assured tenancies to ensure that spouses and civil partners are treated equally and to provide that couples who are living together as if they were civil partners and people that are living together as husband and wife should be treated equally.
634. Paragraph 44 ensures that civil partners or surviving civil partners have the same rights in relation to an agricultural occupancy as spouses and surviving spouses. It also states that couples who are living together as if they were civil partners and people that are living together as husband and wife couples should be treated equally.
635. Paragraph 45 amends Schedule 11 to ensure that disposals by a HAT to a civil partner or former civil partner of a tenant or in pursuance of proceedings in connection with civil partnership proceedings are treated in the same way as a disposal to a spouse or former spouse or a disposal in connection with matrimonial or family proceedings.
636. Unless a disposal is exempted, Schedule 11 of the Housing Act 1988 allows the housing action trust to reclaim an amount equal to the discount (reduced by one third for each complete year) given to a purchaser under section 79 if the purchaser further disposes of the property before three years has elapsed. Paragraph 45 adds civil partners or former civil partners to the list of qualifying persons for exempted disposal and adds orders in connection with civil partnership proceedings or dissolution to be eligible for exempted disposal
637. Paragraph 46 amends the grounds for possession for long residential tenancies in the Local Government and Housing Act 1989. The amendment will equalise the position of spouses and civil partners so as to allow the court to grant a possession order where premises are required as a residence for the father or mother of a landlord's civil partner.
638. Paragraphs 47 and 48 amend the Leasehold Reform, Housing and Urban Development Act 1993 ("the 1993 Act"), which confers rights to collective enfranchisement on tenants of flats.
639. Paragraph 47 amends section 7 of the Leasehold Reform, Housing and Urban Development Act 1993, which contains the definition of 'long lease' for the purposes of the Chapter on collective enfranchisement. A consequential amendment is made to Subsection (1)(b) of that section, as it contains a reference to section 149(6) of the Law of Property Act 1925 (leases terminable after a death or marriage), to reflect the changes made to that provision (see the notes to Paragraph 1 above). The definition of long lease will now also include leases terminable after the formation of a civil partnership.
640. Section 7(2) provides that a lease terminable by notice after a death or marriage is not a long lease if certain criteria apply, including that the notice is capable of being given at any time after the death or marriage. Section 7(2) is amended to ensure that leases terminable by notice after the formation of a civil partnership are treated in the same way.
641. Paragraph 48 amends section 10(5), which contains the definition for an adult member of another's family, for the purposes of the resident landlord exemption. Certain premises with a resident landlord (which includes occupation by either the landlord himself or an adult member of his family: section 10(1)) are exempt from the right of enfranchisement (section 4(4)). Section 10(5) is amended so that the references to 'wife and husband' become references to 'spouse and civil partner' instead.
642. Paragraph 49 amends section 7(3) of the Agricultural Tenancies Act 1995 and provides that in the case of a notice to quit, the exemption for tenancies subject to section 149 of the Law of Property Act 1925 (lease for life or lives or for a term determinable with life or lives or on the marriage of the lessee) is extended to the formation of a civil partnership by the lessee.
643. Paragraphs 50 to 61 amend the Housing Act 1996 to equalise the position of civil partners and spouses.
644. Paragraph 50 amends section 15 which defines exempted and relevant disposals for the purposes of section 11 to 14 of the 1996 Act. Where a tenant has purchased his home from a registered social landlord at a discount, paragraph 50 ensures that a disposal to a civil partner or former civil partner or in connection with civil partnership proceedings will not trigger repayment of the discount.
645. Paragraph 51 amends the definition of "member of a person's family" applying to in Part 1 and Chapter 1 of Part 5 to include civil partners or civil partnership alongside references to spouses or to marriage. The amendment also states that the definition extends to couples living together as if they were civil partners and couples living together as husband and wife.
646. Paragraphs 52 to 54 amend the rules relating to succession and to the assignment of introductory tenancies to ensure that civil partners have the same rights as spouses. They also ensure that a property adjustment order in connection with civil partnership proceedings will have the same effect in respect of an introductory tenancy as an order in matrimonial or family proceedings.
647. Paragraphs 55 to 59 amend the rules relating to succession and to the assignment of demoted tenancies to ensure that civil partners have the same rights as spouses. They also ensure that a property adjustment order in connection with civil partnership proceedings will have the same effect in respect of a demoted tenancy as an order in matrimonial or family proceedings.
648. Paragraph 59 includes civil partners within the definition of "member of another's family" which applies to demoted tenancies under chapter 1A of the 1996 Act.
649. Paragraph 60 amends section 160 which provides that the rules regarding local authority housing allocations shall not apply in certain circumstances. Paragraph 60 ensures that the rules do not apply to assignments or disposals of property as a result of property adjustment orders in connection with civil partnership proceedings.
650. Paragraph 61 amends the definition of "associated persons" in section 178 for the purposes of the homelessness provisions in Part 7 of the 1996 Act to include civil partners and former civil partners and relationships resulting from a civil partnership.
651. Paragraphs 62 and 63 amend the Housing Grants, Construction and Regeneration Act 1996.
652. Paragraph 62 allows the financial resources of a civil partner to be taken into account when an application is made for a disabled facilities grant. This mirrors the existing situation in relation to the financial resources of a spouse.
653. Paragraph 63 amends the repealed section 54 to ensure that a property adjustment order or an order for sale of a property in connection with civil partnership proceedings does not trigger the repayment of a renovation, common parts or HMO grant approved under sections 45, 46 or 47 before the 2002 Order came into effect.
654. Paragraphs 64 to 66 amend the Commonhold and Leasehold Reform Act 2002 ("the 2002 Act") which established a new right to enable leaseholders of flats to take over the management of their building without the need to prove shortcomings on the part of the landlord.
655. Paragraph 64 amends section 76(2)(c) of the 2002 Act. Section 76(2)(c) refers to a tenancy which takes effect under section 149(6) of the Law of Property Act 1925. These tenancies are those that flow from leases, which are terminable after a death or a marriage. Paragraph 64 amends that section so that it refers to leases terminable after a death, marriage or a civil partnership
656. Paragraph 65 amends section 77(1) of the 2002 Act. Section 77(1) provides that a lease terminable by notice after death or marriage is not a long lease in certain circumstances. Paragraph 65 amends section 77(1) to include leases terminable by notice after the formation of a civil partnership.
657. Paragraph 66 amends Paragraph 3(8) of Schedule 6 to the 2002 Act which excludes certain premises which are occupied by a resident landlord or an adult member of his family from the right to manage introduced by Chapter 1 of the 2002 Act. Paragraph 66 ensures that a civil partner will count as a member of a freeholder's family for these purposes.
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