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Civil Partnership Bill [HL]


Civil Partnership Bill [HL]
Schedule 7 — Financial relief in England and Wales after overseas dissolution etc. of a civil partnership
Part 3 — Supplementary

212

 

(ii)   

transfer out of the jurisdiction, or otherwise deal with, any

property,

           

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

into force.

      (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

take place, and

(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—

(a)   

disposed of, or

(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

instance of that person.

25

Part 3

Supplementary

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

Act 1981 (c. 54).

35

Interpretation of Schedule

19         

In this 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

dwelling, and

(b)   

any yard, garden, garage or outhouse belonging to, and

occupied with, the dwelling-house;

45

 

 

Civil Partnership Bill [HL]
Schedule 8 — Housing and tenancies

213

 

           

“overseas country” has the meaning given by paragraph 1(3).

Schedule 8

Section 81

 

Housing and tenancies

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—

(i)   

himself,

(ii)   

any son or daughter of his over eighteen years of

age,

20

(iii)   

his father or mother, or

(iv)   

the father, or mother, of his spouse or civil partner,

   

and”.

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

partnership”.

      (3)  

In the proviso (exclusion of certain tenancies terminable by notice after

35

death or marriage)—

(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

civil partnership by,”.

40

 

 

Civil Partnership Bill [HL]
Schedule 8 — Housing and tenancies

214

 

6     (1)  

Amend section 7 (rights of members of family succeeding to tenancy on

death) as follows.

      (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

partner”, and

(b)   

in paragraph (b), for “husband or wife” substitute “spouse or civil

partner”.

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

partner”.

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

as his residence.”

      (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

 

 

Civil Partnership Bill [HL]
Schedule 8 — Housing and tenancies

215

 

(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

original occupier, and

(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

original occupier,

   

and, subject to subsection (5B) below, “surviving spouse” and

“surviving civil partner” in subsection (5ZA) above shall be

construed accordingly.”

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”.

Rent Act 1977 (c. 42)

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

partner,”.

      (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

original tenant, and

(b)   

a person who was living with the original tenant as if they

were civil partners shall be treated as the civil partner of

the original tenant.”

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”.

 

 

Civil Partnership Bill [HL]
Schedule 8 — Housing and tenancies

216

 

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”.

Housing Act 1980 (c. 51)

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)”.

Housing Act 1985 (c. 68)

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

partnership, etc.).”

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

 

 

Civil Partnership Bill [HL]
Schedule 8 — Housing and tenancies

217

 

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)

insert—

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

civil partners”.

      (3)  

In subsection (2)(a), after “a relationship by marriage” insert “or civil

partnership”.

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

subsequent discount)—

(a)   

in paragraph (b), after “spouse” insert “, or civil partner,” and

(b)   

in paragraph (c), after “deceased spouse” insert “, or deceased civil

45

partner,”.

30         

In section 160(3) (right to buy: disposals in pursuance of certain orders are

 

 

Civil Partnership Bill [HL]
Schedule 8 — Housing and tenancies

218

 

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

partnership, etc.).”

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

couple)—

(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

and discount)—

(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

“or civil partner”.

      (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

partnership, etc.),”.

      (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—

“(c)   

he—

(i)   

is the spouse, the civil partner, a former spouse, a

former civil partner, the surviving spouse, the

 

 

 
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