|
| |
|
surviving civil partner, a surviving former spouse |
| |
or a surviving former civil partner of the person |
| |
who immediately before that time was entitled to |
| |
the interest to which this paragraph applies or, as |
| |
the case may be, the last remaining such interest, or |
| 5 |
(ii) | is the surviving spouse, the surviving civil partner, |
| |
a surviving former spouse or a surviving former |
| |
civil partner of a person who immediately before |
| |
his death was entitled to such an interest.” |
| |
Agricultural Holdings Act 1986 (c. 5) |
| 10 |
36 (1) | In sections 35(2) and 49(3) (interpretation respectively of sections 36 to 48, |
| |
and sections 49 to 58, etc.), amend the definition of “close relative” as |
| |
| |
(2) | In paragraph (a), for “or husband” substitute “, husband or civil partner”. |
| |
(3) | In paragraph (d), after “marriage” (in each place) insert “or civil |
| 15 |
| |
37 | In section 36 (eligible person may apply for new tenancy on death of tenant), |
| |
after subsection (4) insert— |
| |
“(4A) | In the case of the deceased’s civil partner the reference in subsection |
| |
(3)(a) above to the relative’s agricultural work shall be read as a |
| 20 |
reference to agricultural work carried out by either the civil partner |
| |
or the deceased (or both of them).” |
| |
38 | In section 50 (eligible person may apply for new tenancy on retirement of |
| |
tenant), after subsection (3) insert— |
| |
“(3A) | In the case of the civil partner of the retiring tenant the reference in |
| 25 |
subsection (2)(a) above to the relative’s agricultural work shall be |
| |
read as a reference to agricultural work carried out by either the civil |
| |
partner or the retiring tenant (or both of them).” |
| |
39 (1) | Amend Schedule 6 (eligibility to apply for new tenancy under Part 4) as |
| |
| 30 |
(2) | In paragraph 1(2) (control of body corporate by deceased’s close relative)— |
| |
(a) | after “or his spouse” insert “or his civil partner”, and |
| |
(b) | after “together” insert “or he and his civil partner together”. |
| |
(3) | In paragraph 1 (preliminary), after sub-paragraph (3) insert— |
| |
“(4) | Any reference in this Schedule to the civil partner of a close |
| 35 |
relative of the deceased does not apply in relation to any time |
| |
when the relative’s civil partnership is subject to— |
| |
(a) | a separation order under Chapter 2 of Part 2 of the Civil |
| |
| |
(b) | a dissolution order, nullity order or presumption of death |
| 40 |
order that is a conditional order under that Chapter.” |
| |
(4) | In paragraph 6(2) (no disregard of occupation by relative under tenancy |
| |
granted by his spouse), after “spouse” insert “or civil partner”. |
| |
(5) | In paragraph 9(1)(a) (occupation by spouse of relative treated as occupation |
| |
by relative), after “spouse” insert “, or civil partner,”. |
| 45 |
|
| |
|
| |
|
(6) | In paragraph 9(2) (cases involving joint occupation by spouse, or controlled |
| |
| |
(a) | for the words from “joint occupation of land” to “sub-paragraphs” |
| |
substitute “joint occupation of land by— |
| |
(a) | his spouse or civil partner or a body corporate, and |
| 5 |
(b) | any other person or persons, |
| |
| |
(b) | after “spouse” (in the second place) insert “or civil partner,”. |
| |
(7) | In paragraph 10(3)(a) (meaning of “connected person”), after “spouse” insert |
| |
| 10 |
(8) | In the italic heading before each of paragraphs 9 and 10, after “spouse” insert |
| |
| |
Landlord and Tenant Act 1987 (c. 31) |
| |
40 (1) | Amend section 4 (meaning of “relevant disposal” for purposes of tenants’ |
| |
rights of first refusal) as follows. |
| 15 |
(2) | In subsection (2)(c) (disposals in pursuance of certain orders not relevant |
| |
disposals), after sub-paragraph (vi) insert— |
| |
“(vii) | 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 |
| 20 |
partnership proceedings or after overseas dissolution |
| |
of a civil partnership, etc.), or |
| |
(viii) | Part 3 of Schedule 5, or paragraph 9(4) of Schedule 7, |
| |
to the Civil Partnership Act 2004 (orders for the sale of |
| |
property in connection with civil partnership |
| 25 |
proceedings or after overseas dissolution of a civil |
| |
partnership, etc.) where the order includes provision |
| |
requiring the property concerned to be offered for |
| |
sale to a person or class of persons specified in the |
| |
| 30 |
(3) | In subsection (5)(a)— |
| |
(a) | after “spouse” insert “or civil partner”, and |
| |
(b) | after “live together as husband and wife” insert “or as if they were |
| |
| |
(4) | In subsection (6)(a), after “a relationship by marriage” insert “or civil |
| 35 |
| |
| |
41 (1) | Amend section 17 (succession to assured periodic tenancy by spouse) as |
| |
| |
(2) | In subsection (1), after “spouse” (in each place) insert “or civil partner”. |
| 40 |
(3) | For subsection (4) substitute— |
| |
“(4) | For the purposes of this section— |
| |
(a) | a person who was living with the tenant as his or her wife or |
| |
husband shall be treated as the tenant’s spouse, and |
| |
(b) | a person who was living with the tenant as if they were civil |
| 45 |
partners shall be treated as the tenant’s civil partner.” |
| |
|
| |
|
| |
|
(4) | In subsection (5), for the words after “the county court” substitute “shall for |
| |
the purposes of this section be treated (according to whether that one of |
| |
them is of the opposite sex to, or of the same sex as, the tenant) as the tenant’s |
| |
spouse or the tenant’s civil partner.” |
| |
42 | In section 82(1)(b) (after disposal by housing action trust, legal assistance |
| 5 |
may be given to surviving spouse of pre-disposal tenant), for “or widower” |
| |
substitute “, widower or surviving civil partner”. |
| |
43 (1) | Amend Schedule 2 (assured tenancies: grounds for possession) as follows. |
| |
(2) | In Part 1 (cases where court must order possession), in paragraph (b) of |
| |
Ground 1 (landlord previously resident or requiring premises as residence |
| 10 |
for himself or his spouse), for “his or his spouse’s” substitute “his, his |
| |
spouse’s or his civil partner’s”. |
| |
(3) | In Part 2 (cases where court may order possession), in Ground 14A (violence |
| |
| |
(a) | for “a married couple or” substitute “a married couple, a couple who |
| 15 |
are civil partners of each other,” and |
| |
(b) | after “as husband or wife” insert “or a couple living together as if |
| |
they were civil partners”. |
| |
44 (1) | Amend paragraph 3 of Schedule 3 (agricultural worker condition where |
| |
dwelling occupied by surviving spouse or family member of previous |
| 20 |
qualifying occupier) as follows. |
| |
(2) | In sub-paragraphs (1)(c)(i), (3)(a) and (6), for “widow or widower” substitute |
| |
| |
(3) | For sub-paragraph (2) substitute— |
| |
“(2) | For the purposes of sub-paragraph (1)(c)(i) above and sub- |
| 25 |
| |
(a) | “surviving partner” means widow, widower or surviving |
| |
| |
(b) | a surviving partner of the previous qualifying occupier of |
| |
the dwelling-house is a qualifying surviving partner if that |
| 30 |
surviving partner was residing in the dwelling-house |
| |
immediately before the previous qualifying occupier’s |
| |
| |
(4) | For sub-paragraph (5) (person living as wife or husband with previous |
| |
| 35 |
“(5) | For the purposes of sub-paragraph (2)(a) above— |
| |
(a) | a person who, immediately before the previous qualifying |
| |
occupier’s death, was living with the previous occupier as |
| |
his or her wife or husband shall be treated as the widow or |
| |
widower of the previous occupier, and |
| 40 |
(b) | a person who, immediately before the previous qualifying |
| |
occupier’s death, was living with the previous occupier as |
| |
if they were civil partners shall be treated as the surviving |
| |
civil partner of the previous occupier.” |
| |
45 (1) | Amend paragraph 4 of Schedule 11 (exempted disposals by housing action |
| 45 |
| |
(2) | In sub-paragraph (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,”. |
| |
|
| |
|
| |
|
(3) | In sub-paragraph (4) (disposals in pursuance of certain orders), 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 |
| 5 |
with civil partnership proceedings or after overseas |
| |
dissolution of civil partnership, etc.).” |
| |
Local Government and Housing Act 1989 (c. 42) |
| |
46 | In paragraph 5(1)(c) of Schedule 10 (long residential tenancies: grounds for |
| |
possession: premises required as residence for landlord or family member), |
| 10 |
for the words from “as a residence” to “mother and,” substitute “as a |
| |
| |
| |
(ii) | any son or daughter of his over eighteen years of |
| |
| 15 |
(iii) | his father or mother, or |
| |
(iv) | the father, or mother, of his spouse or civil partner, |
| |
| |
Leasehold Reform, Housing and Urban Development Act 1993 (c. 28) |
| |
47 (1) | Amend section 7 (meaning of “long lease”) as follows. |
| 20 |
(2) | In subsection (1)(b) (which refers to section 149(6) of the Law of Property Act |
| |
1925), after “terminable after a death or marriage” insert “or the formation of |
| |
| |
(3) | In subsection (2) (exclusion of certain leases terminable by notice after death |
| |
| 25 |
(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 |
| |
| |
48 | In section 10(5) (members of family of resident landlord), for “wife or |
| 30 |
husband” (in each place) substitute “spouse or civil partner”. |
| |
Agricultural Tenancies Act 1995 (c. 8) |
| |
49 | In section 7(3) (which refers to section 149(6) of the Law of Property Act |
| |
1925), after “marriage of” insert “, or formation of a civil partnership by,”. |
| |
| 35 |
50 (1) | Amend section 15 (relevant and exempted disposals) as follows. |
| |
(2) | In subsection (5)(b) (meaning of “qualifying person” in the definition of |
| |
“exempted disposal”), after “the spouse or a former spouse” insert “, or the |
| |
civil partner or a former civil partner,”. |
| |
(3) | In subsection (6) (disposals in pursuance of certain orders are exempt), after |
| 40 |
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 |
| |
| |
51 (1) | Amend sections 62 and 140 (meaning of “member of a person’s family” in |
| |
Part 1 and in Chapter 1 of Part 5) as follows. |
| 5 |
(2) | In subsection (1)(a)— |
| |
(a) | after “spouse” insert “or civil partner”, and |
| |
(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 |
| 10 |
| |
52 | In section 132 (introductory tenancies: cases where tenant is successor), after |
| |
| |
“(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 |
| 15 |
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 |
| |
civil partner was a successor.” |
| |
53 (1) | Amend section 133 (succession to introductory tenancy) as follows. |
| 20 |
(2) | In subsection (2)(a) (spouse of deceased tenant is preferred successor), after |
| |
“spouse” insert “or civil partner”. |
| |
(3) | In subsection (3)(a) (tenancy ceases to be introductory on vesting otherwise |
| |
than in pursuance of certain orders), after “parents)” in sub-paragraph (iii) |
| |
| 25 |
(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.)”. |
| 30 |
54 | In section 134(2)(a) (introductory tenancy may not be assigned except in |
| |
pursuance of certain orders), after “parents)” in sub-paragraph (iii) insert |
| |
| |
(iv) | Part 2 of Schedule 5, or paragraph 9(2) or (3) of |
| |
Schedule 7, to the Civil Partnership Act 2004 |
| 35 |
(property adjustment orders in connection with civil |
| |
partnership proceedings or after overseas dissolution |
| |
of civil partnership, etc.)”. |
| |
55 | In section 143H(5)(a) (two or more successors to demoted tenancy), for |
| |
“spouse or (if the tenant has no spouse)” substitute “spouse or civil partner |
| 40 |
or (if the tenant has neither spouse nor civil partner)”. |
| |
56 | In section 143I(3) (tenancy does not cease to be demoted tenancy if vested |
| |
pursuant to certain orders), after paragraph (c) insert— |
| |
“(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 |
| 45 |
connection with civil partnership proceedings or after |
| |
overseas dissolution of civil partnership, etc.).” |
| |
57 | For paragraphs (a) and (b) of section 143J(5) (successor by assignment to |
| |
|
| |
|
| |
|
secure tenancy terminated by demotion order) substitute— |
| |
“(a) | the tenancy was assigned— |
| |
(i) | in proceedings under section 24 of the Matrimonial |
| |
Causes Act 1973 (property adjustment orders in |
| |
connection with matrimonial proceedings) or section |
| 5 |
17(1) of the Matrimonial and Family Proceedings Act |
| |
1984 (property adjustment orders after overseas |
| |
| |
(ii) | in proceedings under Part 2 of Schedule 5, or |
| |
paragraph 9(2) or (3) of Schedule 7, to the Civil |
| 10 |
Partnership Act 2004 (property adjustment orders in |
| |
connection with civil partnership proceedings or after |
| |
overseas dissolution of civil partnership, etc.), |
| |
(b) | where the tenancy was assigned as mentioned in paragraph |
| |
(a)(i), neither he nor the other party to the marriage was a |
| 15 |
| |
(c) | where the tenancy was assigned as mentioned in paragraph |
| |
(a)(ii), neither he nor the other civil partner was a successor.” |
| |
58 | In section 143K(2) (demoted tenancy may be assigned only in pursuance of |
| |
certain orders), after paragraph (c) insert— |
| 20 |
“(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 |
| |
overseas dissolution of civil partnership, etc.).” |
| |
59 (1) | Amend section 143P (meaning of “member of another’s family”) as follows. |
| 25 |
(2) | In subsection (1)(a), after “spouse” insert “or civil partner”. |
| |
(3) | In subsection (3)(a), after “marriage” insert “or civil partnership”. |
| |
60 | In section 160 (cases where provisions about allocations do not apply), in |
| |
each of subsections (2)(e) and (3)(d) (cases where secure or introductory |
| |
tenancy vests etc. in pursuance of certain orders), after sub-paragraph (iii) |
| 30 |
| |
(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 |
| 35 |
of civil partnership, etc.).” |
| |
61 (1) | Amend section 178 (meaning of “associated person” in Part 7) as follows. |
| |
(2) | In subsection (1), after paragraph (a) insert— |
| |
“(aa) | they are or have been civil partners of each other;”. |
| |
(3) | In subsection (1), after paragraph (e) insert— |
| 40 |
“(ea) | they have entered into a civil partnership agreement between |
| |
them (whether or not that agreement has been terminated);”. |
| |
(4) | In subsection (3), after the definition of “child” insert— |
| |
| ““civil partnership agreement” has the meaning given by section 73 of |
| |
the Civil Partnership Act 2004;”. |
| 45 |
(5) | In subsection (3), for the definition of “cohabitants” substitute— |
| |
| |
|
| |
|
| |
|
(a) | a man and a woman who, although not married to |
| |
each other, are living together as husband and wife, |
| |
| |
(b) | two people of the same sex who, although not civil |
| |
partners of each other, are living together as if they |
| 5 |
| |
| and “former cohabitants” shall be construed accordingly;”. |
| |
(6) | In subsection (3), in each of paragraphs (a) and (b) of the definition of |
| |
“relative”, for “spouse or former spouse” substitute “spouse, civil partner, |
| |
former spouse or former civil partner”. |
| 10 |
(7) | In paragraph (b) of that definition, for “affinity” substitute “marriage or civil |
| |
| |
Housing Grants, Construction and Regeneration Act 1996 (c. 53) |
| |
62 | In section 30(6)(a) (power to provide for financial position of others to be |
| |
taken into account in means-testing applicant for grant), after “his spouse,” |
| 15 |
insert “his civil partner,”. |
| |
63 (1) | In section 54(3) (disposals in pursuance of certain orders are exempt) as it |
| |
has effect by virtue of article 11(2) of the 2002 Order (saving for certain |
| |
purposes of repealed provisions), after paragraph (d) insert “; or |
| |
(e) | Part 2 or 3 of Schedule 5, or paragraph 9 of Schedule 7, to the |
| 20 |
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 |
| |
| |
(2) | In sub-paragraph (1) “the 2002 Order” means the Regulatory Reform |
| 25 |
(Housing Assistance) (England and Wales) Order 2002 (S.I. 2002/1860). |
| |
Commonhold and Leasehold Reform Act 2002 (c. 15) |
| |
64 | In section 76(2)(c) (which refers to section 149(6) of the Law of Property Act |
| |
1925), after “terminable after a death or marriage” insert “or the formation of |
| |
| 30 |
65 | In section 77(1) (“long lease”: exclusion of certain leases terminable by notice |
| |
after 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 |
| 35 |
| |
66 | In paragraph 3(8) of Schedule 6 (members of freeholder’s family whose |
| |
occupation of premises excludes premises from right to manage), after |
| |
“spouse” (in each place) insert “or civil partner”. |
| |
|
| |
|