|
| |
|
(ii) | transfer out of the jurisdiction, or otherwise deal with, any |
| |
| |
| the court may make such order as it thinks fit for restraining B from taking |
| |
such action as is mentioned in paragraph (c). |
| |
(2) | Sub-paragraph (1) applies even if the date of the dissolution, annulment or |
| 5 |
legal separation is earlier than the date on which that sub-paragraph comes |
| |
| |
(3) | Sub-paragraph (4) applies where— |
| |
(a) | an application is made under sub-paragraph (1) with respect to— |
| |
(i) | a disposition which took place less than 3 years before the |
| 10 |
date of the application, or |
| |
(ii) | a disposition or other dealing with property which is about to |
| |
| |
(b) | the court is satisfied that the disposition or other dealing would |
| |
(apart from this paragraph of this Schedule) have the consequence of |
| 15 |
defeating a claim by the applicant. |
| |
(4) | It shall be presumed, unless the contrary is shown, that the person who— |
| |
| |
(b) | is about to dispose of or deal with the property, |
| |
| did so, or (as the case may be) is about to do so, with the intention of |
| 20 |
defeating the applicant’s claim. |
| |
(5) | A reference in this paragraph to defeating a person’s claim is a reference to |
| |
preventing financial relief being granted, or reducing the amount of |
| |
financial relief which might be granted, under paragraph 5 or 9 at the |
| |
| 25 |
| |
| |
Paragraphs 15 to 17: meaning of “disposition” and saving |
| |
18 (1) | In paragraphs 15 to 17 “disposition” does not include any provision |
| |
contained in a will or codicil but, with that exception, includes any |
| 30 |
conveyance, assurance or gift of property of any description, whether made |
| |
by an instrument or otherwise. |
| |
(2) | The provisions of paragraphs 15 to 17 are without prejudice to any power of |
| |
the High Court to grant injunctions under section 37 of the Supreme Court |
| |
| 35 |
Interpretation of Schedule |
| |
| |
| “the court” means the High Court or, where a county court has |
| |
jurisdiction by virtue of Part 5 of the Matrimonial and Family |
| |
Proceedings Act 1984 (c. 42), a county court; |
| 40 |
| “dwelling-house” includes— |
| |
(a) | any building, or part of a building, which is occupied as a |
| |
| |
(b) | any yard, garden, garage or outhouse belonging to, and |
| |
occupied with, the dwelling-house; |
| 45 |
|
| |
|
| |
|
| “overseas country” has the meaning given by paragraph 1(3). |
| |
| |
| |
| |
Law of Property Act 1925 (c. 20) |
| |
1 (1) | Amend section 149(6) (which includes provision for a lease determinable on |
| 5 |
marriage of the lessee to take effect as a lease for 90 years determinable by |
| |
notice after the lessee’s marriage) as follows. |
| |
(2) | After “or on the marriage of the lessee,” insert “or on the formation of a civil |
| |
partnership between the lessee and another person,”. |
| |
(3) | For “after the death or marriage (as the case may be) of the original lessee, or |
| 10 |
of the survivor of the original lessees,” substitute “after (as the case may be) |
| |
the death or marriage of, or the formation of a civil partnership by, the |
| |
original lessee or the survivor of the original lessees,”. |
| |
Landlord and Tenant Act 1954 (c. 56) |
| |
2 | In paragraph 1(e) of Schedule 3 (grounds for possession: premises required |
| 15 |
as residence for landlord or family member), for the words from “as a |
| |
residence” to “spouse, and” substitute “as a residence for— |
| |
| |
(ii) | any son or daughter of his over eighteen years of |
| |
| 20 |
(iii) | his father or mother, or |
| |
(iv) | the father, or mother, of his spouse or civil partner, |
| |
| |
Leasehold Reform Act 1967 (c. 88) |
| |
3 | In section 1(1ZC)(c) (which refers to section 149(6) of the Law of Property |
| 25 |
Act 1925), after “terminable after a death or marriage” insert “or the |
| |
formation of a civil partnership”. |
| |
4 | In section 1B (which refers to a tenancy granted so as to become terminable |
| |
by notice after a death or marriage), for “a death or marriage” substitute “a |
| |
death, a marriage or the formation of a civil partnership”. |
| 30 |
5 (1) | Amend section 3(1) (meaning of “long tenancy”) as follows. |
| |
(2) | In the words describing section 149(6) of the Law of Property Act 1925, after |
| |
“terminable after a death or marriage” insert “or the formation of a civil |
| |
| |
(3) | In the proviso (exclusion of certain tenancies terminable by notice after |
| 35 |
| |
(a) | for “a death or marriage” substitute “a death, a marriage or the |
| |
formation of a civil partnership”, and |
| |
(b) | in paragraph (a), after “marriage of” insert “, or the formation of a |
| |
| 40 |
|
| |
|
| |
|
6 (1) | Amend section 7 (rights of members of family succeeding to tenancy on |
| |
| |
(2) | In subsection (7) (“family member”), for “wife or husband” (in each place) |
| |
substitute “spouse or civil partner”. |
| |
(3) | In subsection (8) (surviving spouse’s rights on intestacy)— |
| 5 |
(a) | in paragraph (a), for “wife or husband” substitute “spouse or civil |
| |
| |
(b) | in paragraph (b), for “husband or wife” substitute “spouse or civil |
| |
| |
7 | In section 18(3) (members of landlord’s family whose residential rights |
| 10 |
exclude enfranchisement or extension), for “wife or husband” (in each place) |
| |
substitute “spouse or civil partner”. |
| |
Caravan Sites Act 1968 (c. 52) |
| |
8 | In section 3(2) (“occupier” includes surviving spouse of deceased occupier), |
| |
for “or widower” (in each place) substitute “, widower or surviving civil |
| 15 |
| |
Rent (Agriculture) Act 1976 (c. 80) |
| |
9 (1) | Amend section 3 (protected occupiers by succession) as follows. |
| |
(2) | For subsection (2) (succession by surviving spouse) substitute— |
| |
“(2) | Where the original occupier was a person who died leaving a |
| 20 |
surviving partner who was residing in the dwelling-house |
| |
immediately before the original occupier’s death then, after the |
| |
original occupier’s death, if the surviving partner has, in relation to |
| |
the dwelling-house, a relevant licence or tenancy, the surviving |
| |
partner shall be a protected occupier of the dwelling-house.” |
| 25 |
(3) | In subsection (3) (succession by other family members)— |
| |
(a) | for “surviving spouse” substitute “surviving partner”, |
| |
(b) | for “his” (in each place) substitute “the original occupier’s”, and |
| |
(c) | for “him” substitute “the original occupier”. |
| |
(4) | After subsection (3) insert— |
| 30 |
“(3A) | In subsections (2) and (3) above “surviving partner” means surviving |
| |
spouse or surviving civil partner.” |
| |
10 (1) | Amend section 4 (statutory tenants and tenancies) as follows. |
| |
(2) | For subsection (3) (surviving spouse’s statutory tenancy) substitute— |
| |
“(3) | If the original occupier was a person who died leaving a surviving |
| 35 |
partner who was residing in the dwelling-house immediately before |
| |
the original occupier’s death then, after the original occupier’s death, |
| |
unless the surviving partner is a protected occupier of the dwelling- |
| |
house by virtue of section 3(2) above, the surviving partner shall be |
| |
the statutory tenant if and so long as he occupies the dwelling-house |
| 40 |
| |
(3) | In subsection (4) (statutory tenancy for other family members)— |
| |
(a) | for “surviving spouse” substitute “surviving partner”, |
| |
(b) | for “his” (in each place) substitute “the original occupier’s”, and |
| |
|
| |
|
| |
|
(c) | for “him” substitute “the original occupier”. |
| |
(4) | For subsection (5A) (references to original occupier’s spouse include person |
| |
living with occupier as his or her wife or husband) substitute— |
| |
“(5ZA) | In subsections (3) and (4) above “surviving partner” means surviving |
| |
spouse or surviving civil partner. |
| 5 |
(5A) | For the purposes of subsection (3) above— |
| |
(a) | a person who was living with the original occupier as his or |
| |
her husband or wife shall be treated as the spouse of the |
| |
| |
(b) | a person who was living with the original occupier as if they |
| 10 |
were civil partners shall be treated as the civil partner of the |
| |
| |
| and, subject to subsection (5B) below, “surviving spouse” and |
| |
“surviving civil partner” in subsection (5ZA) above shall be |
| |
| 15 |
11 | In section 31(3)(c) (power of Secretary of State and National Assembly for |
| |
Wales to require information about occupiers of housing accommodation |
| |
associated with agricultural or forestry land), after “who has been married |
| |
to” insert “, or has been the civil partner of,”. |
| |
12 | In paragraph 1 of Case 9 in Part 1 of Schedule 4 (discretionary grounds for |
| 20 |
possession: dwelling required as residence for member of landlord’s |
| |
family), after “husband” (in each place) insert “or civil partner”. |
| |
| |
13 (1) | In Part 1 of Schedule 1 (statutory tenants by succession), amend paragraph |
| |
2 (succession by surviving spouse) as follows. |
| 25 |
(2) | In sub-paragraph (1), after “surviving spouse” insert “, or surviving civil |
| |
| |
(3) | For sub-paragraph (2) substitute— |
| |
“(2) | For the purposes of this paragraph— |
| |
(a) | a person who was living with the original tenant as his or |
| 30 |
her wife or husband shall be treated as the spouse of the |
| |
| |
(b) | a person who was living with the original tenant as if they |
| |
were civil partners shall be treated as the civil partner of |
| |
| 35 |
(4) | In sub-paragraph (3), for the words after “the county court” substitute “shall |
| |
for the purposes of this paragraph be treated (according to whether that one |
| |
of them is of the opposite sex to, or of the same sex as, the original tenant) as |
| |
the surviving spouse or the surviving civil partner.” |
| |
14 | In Schedule 15 (grounds for possession), in Case 9 in Part 1 (dwelling |
| 40 |
required as residence for landlord or member of his family), for “wife or |
| |
husband” substitute “spouse or civil partner”. |
| |
|
| |
|
| |
|
Protection from Eviction Act 1977 (c. 43) |
| |
15 | In section 4(2)(b) (special provisions for agricultural employees: “occupier” |
| |
includes surviving spouse of former tenant), for “widow or widower” (in |
| |
each place) substitute “surviving spouse or surviving civil partner”. |
| |
| 5 |
16 | In section 54(2) (protected shorthold tenancy etc. may not be assigned except |
| |
in pursuance of certain orders), after paragraph (c) insert “, or |
| |
(d) | Part 2 of Schedule 5, or paragraph 9(2) or (3) of Schedule 7, to |
| |
the Civil Partnership Act 2004 (property adjustment orders in |
| |
connection with civil partnership proceedings or after |
| 10 |
overseas dissolution of civil partnership, etc.).” |
| |
17 | In section 76(3) (which amends provisions of the Rent (Agriculture) Act 1976 |
| |
replaced by this Schedule), for “sections 3(2) and (3)(a) and 4(3) and (4)(a)” |
| |
substitute “sections 3(3)(a) and 4(4)(a)”. |
| |
| 15 |
18 | In sections 39(2)(b) and 160(2)(b) (meaning of “qualifying person” in |
| |
definition of “exempted disposal”), after “the spouse or a former spouse” |
| |
insert “, or the civil partner or a former civil partner,”. |
| |
19 | In section 39(3) (disposals exempt if in pursuance of certain orders), after |
| |
paragraph (d) insert “, or |
| 20 |
(e) | Part 2 or 3 of Schedule 5, or paragraph 9 of Schedule 7, to the |
| |
Civil Partnership Act 2004 (property adjustment orders, or |
| |
orders for the sale of property, in connection with civil |
| |
partnership proceedings or after overseas dissolution of civil |
| |
| 25 |
20 | In section 87(a) (entitlement of tenant’s spouse to succeed to secure tenancy), |
| |
after “spouse” insert “or civil partner”. |
| |
21 (1) | Amend section 88 (cases where secure tenant is a successor) as follows. |
| |
(2) | In subsection (1)(d), for “(2) and (3)” substitute “(2) to (3)”. |
| |
(3) | After subsection (2) insert— |
| 30 |
“(2A) | A tenant to whom the tenancy was assigned in pursuance of an order |
| |
under Part 2 of Schedule 5, or paragraph 9(2) or (3) of Schedule 7, to |
| |
the Civil Partnership Act 2004 (property adjustment orders in |
| |
connection with civil partnership proceedings or after overseas |
| |
dissolution of civil partnership, etc.) is a successor only if the other |
| 35 |
civil partner was a successor.” |
| |
22 (1) | Amend section 89 (succession to periodic secured tenancy) as follows. |
| |
(2) | In subsection (2)(a) (tenant’s spouse is preferred successor), after “spouse” |
| |
insert “or civil partner”. |
| |
(3) | In subsection (3)(a), after “parents)” in sub-paragraph (iii) insert “, or |
| 40 |
(iv) | Part 2 of Schedule 5, or paragraph 9(2) or (3) of |
| |
Schedule 7, to the Civil Partnership Act 2004 |
| |
(property adjustment orders in connection with civil |
| |
|
| |
|
| |
|
partnership proceedings or after overseas dissolution |
| |
of civil partnership, etc.)”. |
| |
23 | In section 90(3)(a) (secure tenancy for term certain does not cease to be |
| |
secure tenancy if vested under certain orders), after sub-paragraph (iii) |
| |
| 5 |
“(iv) | Part 2 of Schedule 5, or paragraph 9(2) or (3) of |
| |
Schedule 7, to the Civil Partnership Act 2004 |
| |
(property adjustment orders in connection with civil |
| |
partnership proceedings or after overseas dissolution |
| |
of civil partnership, etc.), or”. |
| 10 |
24 | In section 91(3)(b) (assignments not prohibited if in pursuance of certain |
| |
orders), after “parents)” in sub-paragraph (iii) insert “, or |
| |
(iv) | Part 2 of Schedule 5, or paragraph 9(2) or (3) of |
| |
Schedule 7, to the Civil Partnership Act 2004 |
| |
(property adjustment orders in connection with civil |
| 15 |
partnership proceedings or after overseas dissolution |
| |
of civil partnership, etc.)”. |
| |
25 | In section 99B(2)(e) (subsection applies to assignees in pursuance of certain |
| |
orders), after “parents)” in sub-paragraph (iii) insert “, or |
| |
(iv) | Part 2 of Schedule 5, or paragraph 9(2) or (3) of |
| 20 |
Schedule 7, to the Civil Partnership Act 2004 |
| |
(property adjustment orders in connection with civil |
| |
partnership proceedings or after overseas dissolution |
| |
of civil partnership, etc.)”. |
| |
26 | In section 101(3)(c) (assignees in pursuance of certain orders are qualifying |
| 25 |
successors), after “parents)” in sub-paragraph (iii) insert “, or |
| |
(iv) | Part 2 of Schedule 5, or paragraph 9(2) or (3) of |
| |
Schedule 7, to the Civil Partnership Act 2004 |
| |
(property adjustment orders in connection with civil |
| |
partnership proceedings or after overseas dissolution |
| 30 |
of civil partnership, etc.)”. |
| |
27 (1) | Amend sections 113 and 186 (meaning of “member of a person’s family” in |
| |
Parts 3 and 4) as follows. |
| |
(2) | In subsection (1)(a)— |
| |
(a) | after “spouse” insert “or civil partner”, and |
| 35 |
(b) | after “live together as husband and wife” insert “or as if they were |
| |
| |
(3) | In subsection (2)(a), after “a relationship by marriage” insert “or civil |
| |
| |
28 | In section 123(2)(a) (family members with whom right to buy may be |
| 40 |
exercised), after “is his spouse” insert “, is his civil partner”. |
| |
29 | In section 130(3) (persons whose receipt of discount results in reduction of |
| |
| |
(a) | in paragraph (b), after “spouse” insert “, or civil partner,” and |
| |
(b) | in paragraph (c), after “deceased spouse” insert “, or deceased civil |
| 45 |
| |
30 | In section 160(3) (right to buy: disposals in pursuance of certain orders are |
| |
|
| |
|
| |
|
exempted), after paragraph (d) insert “, or |
| |
(e) | Part 2 or 3 of Schedule 5, or paragraph 9 of Schedule 7, to the |
| |
Civil Partnership Act 2004 (property adjustment orders, or |
| |
orders for the sale of property, in connection with civil |
| |
partnership proceedings or after overseas dissolution of civil |
| 5 |
| |
31 | In section 171B(4)(b) (persons who become tenants in pursuance of certain |
| |
orders are qualifying successors), after sub-paragraph (iv) insert “or |
| |
(v) | an order under Part 2 of Schedule 5, or a property |
| |
adjustment order under paragraph 9(2) or (3) of |
| 10 |
Schedule 7, to the Civil Partnership Act 2004 |
| |
(property adjustment orders in connection with civil |
| |
partnership proceedings or after overseas dissolution |
| |
of civil partnership, etc.),”. |
| |
32 | In section 554(2A) (grant by registered social landlords to former owner- |
| 15 |
occupier of defective dwelling), for paragraph (b) substitute— |
| |
“(b) | is the spouse or civil partner, or a former spouse or former |
| |
civil partner, or the surviving spouse or surviving civil |
| |
partner, of a person falling within paragraph (a); or”. |
| |
33 | In Part 1 of Schedule 2 (secure tenancies: grounds for possession if court |
| 20 |
considers possession reasonable), in ground 2A (violence by member of a |
| |
| |
(a) | for “a married couple or” substitute “a married couple, a couple who |
| |
are civil partners of each other,” and |
| |
(b) | after “as husband or wife” insert “or a couple living together as if |
| 25 |
they were civil partners”. |
| |
34 | In paragraphs 2, 5 and 5A of Schedule 4 (qualifying period for right to buy |
| |
| |
(a) | after “deceased spouse” in paragraph (c) of each of those paragraphs |
| |
insert “, or deceased civil partner,” and |
| 30 |
(b) | after “spouse” (in each other place) insert “or civil partner”. |
| |
35 (1) | Amend Schedule 6A (redemption of landlord’s share) as follows. |
| |
(2) | In paragraph 1(2)(a) (meaning of “excluded disposal”), after “spouse” insert |
| |
| |
(3) | In paragraph 1(2)(c) (disposals excluded if in pursuance of certain orders), |
| 35 |
after sub-paragraph (iv) insert “or |
| |
(v) | Part 2 or 3 of Schedule 5, or paragraph 9 of |
| |
Schedule 7, to the Civil Partnership Act 2004 |
| |
(property adjustment orders, or orders for the sale |
| |
of property, in connection with civil partnership |
| 40 |
proceedings or after overseas dissolution of civil |
| |
| |
(4) | In paragraphs 4(3)(b) and 12(1), (2) and (3)(d), for “qualifying spouse” |
| |
substitute “qualifying partner”. |
| |
(5) | In paragraph 12(2) (which will define “qualifying partner”), for paragraph |
| 45 |
(c) and the words after that paragraph substitute— |
| |
| |
(i) | is the spouse, the civil partner, a former spouse, a |
| |
former civil partner, the surviving spouse, the |
| |
|
| |
|