Civil Partnership Bill [HL]

House of Commons

Session 2002 - 03
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Other Bills before Parliament

Civil Partnership Bill [HL]

Civil Partnership Bill [HL]
Schedule 8 — Housing and tenancies
219

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
follows.
      (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
partnership”.
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
follows.
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
Partnership Act 2004, or
(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

Civil Partnership Bill [HL]
Schedule 8 — Housing and tenancies
220

      (6)
In paragraph 9(2) (cases involving joint occupation by spouse, or controlled
body, and another)—
(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,

sub-paragraphs”, and
(b)
after “spouse” (in the second place) insert “or civil partner,”.
      (7)
In paragraph 10(3)(a) (meaning of “connected person”), after “spouse” insert
“or civil partner”.
10
      (8)
In the italic heading before each of paragraphs 9 and 10, after “spouse” insert
“, civil partner”.
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
order;”.
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
civil partners”.
      (4)
In subsection (6)(a), after “a relationship by marriage” insert “or civil
35
partnership”.
Housing Act 1988 (c. 50)
41    (1)
Amend section 17 (succession to assured periodic tenancy by spouse) as
follows.
      (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.”

Civil Partnership Bill [HL]
Schedule 8 — Housing and tenancies
221

      (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
by member of a couple)—
(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
“surviving partner”.
      (3)
For sub-paragraph (2) substitute—
     “(2)
For the purposes of sub-paragraph (1)(c)(i) above and sub-
25
paragraph (3) below—
(a)
“surviving partner” means widow, widower or surviving
civil partner; and
(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
death.”
      (4)
For sub-paragraph (5) (person living as wife or husband with previous
occupier) substitute—
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
trusts) as follows.
      (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,”.

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Schedule 8 — Housing and tenancies
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      (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
residence for—
(i)
himself,
(ii)
any son or daughter of his over eighteen years of
age,
15
(iii)
his father or mother, or
(iv)
the father, or mother, of his spouse or civil partner,

and,”.
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
a civil partnership”.
      (3)
In subsection (2) (exclusion of certain leases terminable by notice after death
or marriage)—
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
civil partnership by,”.
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,”.
Housing Act 1996 (c. 52)
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

Civil Partnership Bill [HL]
Schedule 8 — Housing and tenancies
223

orders for the sale of property, in connection with civil
partnership proceedings or after overseas dissolution of civil
partnership, etc.).”
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
civil partners”.
      (3)
In subsection (2)(a), after “a relationship by marriage” insert “or civil
10
partnership”.
52
In section 132 (introductory tenancies: cases where tenant is successor), after
subsection (2) insert—
“(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)
insert “, or
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
“, or
(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

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Schedule 8 — Housing and tenancies
224

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
divorce, etc.), or
(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
successor, and
(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
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
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—

““cohabitants” means—

Civil Partnership Bill [HL]
Schedule 8 — Housing and tenancies
225

(a)
a man and a woman who, although not married to
each other, are living together as husband and wife,
or
(b)
two people of the same sex who, although not civil
partners of each other, are living together as if they
5
were civil partners;

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
partnership”.
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
partnership, etc.).”
      (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
a civil partnership”.
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
civil partnership by,”.
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”.