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 9 — Family homes and domestic violence
Part 1 — Amendments of the Family Law Act 1996 (c.27)
233

     (10)
In paragraph 7(5)(a), after “spouse” insert “, civil partner”.
     (11)
Omit paragraph 7(6).
     (12)
In paragraph 8(1) and (2)(a) and (b), after “spouse” insert “, civil partner”.
     (13)
In paragraph 8(3), after “surviving spouse” insert “or surviving civil
partner”.
5
     (14)
In paragraphs 9(1), (2)(a) and (b) and (3) (in both places) and 10(1) (in both
places), after “spouse” insert “, civil partner”.
     (15)
In paragraph 11(1), after “spouses” insert “, civil partners”.
     (16)
In paragraph 11(2), after “spouse” insert “, civil partner”.
     (17)
For paragraph 12 and the heading preceding it, substitute—
10
“Date when order made between spouses or civil partners takes effect
12
The date specified in a Part II order as the date on which the order
is to take effect must not be earlier than—
(a)
in the case of a marriage in respect of which a decree of
divorce or nullity has been granted, the date on which the
15
decree is made absolute;
(b)
in the case of a civil partnership in respect of which a
dissolution or nullity order has been made, the date on
which the order is made final.”
     (18)
For paragraph 13 and the heading preceding it substitute—
20
“Effect of remarriage or subsequent civil partnership
13    (1)
If after the grant of a decree dissolving or annulling a marriage
either spouse remarries or forms a civil partnership, that spouse is
not entitled to apply, by reference to the grant of that decree, for a
Part II order.
25
      (2)
If after the making of a dissolution or nullity order either civil
partner forms a subsequent civil partnership or marries, that civil
partner is not entitled to apply, by reference to the making of that
order, for a Part II order.
      (3)
In sub-paragraphs (1) and (2)—
30
(a)
the references to remarrying and marrying include
references to cases where the marriage is by law void or
voidable, and
(b)
the references to forming a civil partnership include
references to cases where the civil partnership is by law
35
void or voidable.”
     (19)
In paragraph 15(1)—
(a)
after “spouse” insert “or civil partner”, and
(b)
for “spouse’s matrimonial home rights” substitute “spouse’s or civil
partner’s home rights”.
40
     (20)
In paragraph 15(2), after “spouse” insert “, civil partner”.

Civil Partnership Bill [HL]
Schedule 9 — Family homes and domestic violence
Part 2 — Consequential amendments
234

Part 2
Consequential amendments
Land Compensation Act 1973 (c. 26)
17    (1)
Amend section 29A (spouses having statutory rights of occupation) as
follows.
5
      (2)
In subsection (1)—
(a)
for “one spouse (“A”)” substitute “one spouse or civil partner (“A”)”,
and
(b)
for “the other spouse (“B”) acquires matrimonial home rights”
substitute “the other spouse or civil partner (“B”) acquires home
10
rights”.
      (3)
In subsection (2) for “matrimonial home rights” substitute “home rights”.
      (4)
In the heading to section 29A, after “spouses” insert “and civil partners”.
Housing Act 1985 (c. 68)
18    (1)
Amend section 85 (extended discretion of court in certain proceedings for
15
possession) as follows.
      (2)
In subsection (5)—
(a)
in paragraph (a) for “tenant’s spouse or former spouse, having
matrimonial home rights” substitute “tenant’s spouse or former
spouse, or civil partner or former civil partner, having home rights”,
20
(b)
after “the spouse or former spouse” insert “, or the civil partner or
former civil partner,”, and
(c)
for “those matrimonial home rights” substitute “those home rights”.
      (3)
In subsection (5A)—
(a)
in paragraph (a), for “former spouse of the tenant” substitute “former
25
spouse or former civil partner of the tenant”, and
(b)
in paragraph (b) and in the words following paragraph (c) after
“former spouse,” insert “former civil partner,”.
19
In section 99B (persons qualifying for compensation) in subsection (2)(f),
after “spouse, former spouse,” insert “civil partner, former civil partner,”.
30
20
In section 101 (rent not to be increased on account of tenant’s improvements)
in subsection (3)(d), after “spouse, former spouse,” insert “civil partner,
former civil partner,”.
Insolvency Act 1986 (c. 45)
21    (1)
Amend section 336 (rights of occupation etc. of bankrupt’s spouse) as
35
follows.
      (2)
In subsection (1), for “matrimonial home rights” substitute “home rights”.
      (3)
In subsection (2)—
(a)
for “a spouse’s matrimonial home rights” substitute “a spouse’s or
civil partner’s home rights”, and
40
(b)
after “the other spouse” (in each place) insert “or civil partner”.

Civil Partnership Bill [HL]
Schedule 9 — Family homes and domestic violence
Part 3 — Transitional provision
235

      (4)
In subsection (4)(b) and (c) after “spouse or former spouse” insert “or civil
partner or former civil partner”.
      (5)
In the heading to section 336 after “spouse” insert “or civil partner”.
22    (1)
Amend section 337 (rights of occupation of bankrupt) as follows.
      (2)
In subsection (2), for “spouse (if any) has matrimonial home rights”
5
substitute “spouse or civil partner (if any) has home rights”.
      (3)
In subsection (3)—
(a)
in paragraph (a), for “matrimonial home rights” substitute “home
rights”, and
(b)
in paragraph (c), after “spouse” insert “or civil partner”.
10
Housing Act 1988 (c. 50)
23    (1)
Amend section 9 (extended discretion of court in possession claims) as
follows.
      (2)
In subsection (5)—
(a)
for “tenant’s spouse or former spouse, having matrimonial home
15
rights” substitute “tenant’s spouse or former spouse, or civil partner
or former civil partner, having home rights”,
(b)
after “the spouse or former spouse” insert “, or the civil partner or
former civil partner”, and
(c)
for “those matrimonial home rights” substitute “those home rights”.
20
      (3)
In subsection (5A)—
(a)
for “former spouse of the tenant” substitute “former spouse or
former civil partner of the tenant”,
(b)
for “cohabitant, former cohabitant or former spouse” (in both places)
substitute “former spouse, former civil partner, cohabitant or former
25
cohabitant”.
Commonhold and Leasehold Reform Act 2002 (c. 15)
24    (1)
Amend section 61 (matrimonial rights) as follows.
      (2)
For “matrimonial home rights (within the meaning of section 30(2) of the
Family Law Act 1996 (c. 27) (matrimonial home))” substitute “home rights
30
(within the meaning of section 30(2) of the Family Law Act 1996 (c. 27)
(rights in respect of matrimonial or civil partnership home))”.
      (3)
In the heading to section 61 for “Matrimonial” substitute “Home”.
Part 3
Transitional provision
35
25    (1)
Any reference (however expressed) in any enactment, instrument or
document (whether passed or made before or after the passing of this Act)—
(a)
to rights of occupation under, or within the meaning of, the
Matrimonial Homes Act 1983 (c. 19), or
(b)
to matrimonial home rights under, or within the meaning of, Part 4
40
of the Family Law Act 1996 (c. 27),

is to be construed, so far as is required for continuing the effect of the
enactment, instrument or document, as being or as the case requires

Civil Partnership Bill [HL]
Schedule 10 — Forbidden degrees of relationship: Scotland
236

including a reference to home rights under, or within the meaning of, Part 4
of the 1996 Act as amended by this Schedule.
      (2)
Any reference (however expressed) in Part 4 of the 1996 Act or in any other
enactment, instrument or document (including any enactment amended by
this Schedule) to home rights under, or within the meaning of, Part 4 of the
5
1996 Act is to be construed as including, in relation to times, circumstances
and purposes before the commencement of this Schedule, references to
rights of occupation under, or within the meaning of, the 1983 Act and to
matrimonial home rights under, or within the meaning of, Part 4 of the 1996
Act without the amendments made by this Schedule.
10
Schedule 10
Section 86

Forbidden degrees of relationship: Scotland

Column 1
Column 2

1.—Relationships by consanguinity

Father
Mother

15

Son
Daughter

Father’s father
Father’s mother

Mother’s father
Mother’s mother

Son’s son
Son’s daughter

Daughter’s son
Daughter’s daughter

20

Brother
Sister

Father’s brother
Father’s sister

Mother’s brother
Mother’s sister

Brother’s son
Brother’s daughter

Sister’s son
Sister’s daughter

25

Father’s father’s father
Father’s father’s mother

Father’s mother’s father
Father’s mother’s mother

Mother’s father’s father
Mother’s father’s mother

Mother’s mother’s father
Mother’s mother’s mother

Son’s son’s son
Son’s son’s daughter

30

Son’s daughter’s son
Son’s daughter’s daughter

Daughter’s son’s son
Daughter’s son’s daughter

Civil Partnership Bill [HL]
Schedule 10 — Forbidden degrees of relationship: Scotland
237

Column 1
Column 2

1.—Relationships by consanguinity

Daughter’s daughter’s son
Daughter’s daughter’s daughter

2.—Relationships by affinity

Son of former wife
Daughter of former husband

5

Son of former civil partner
Daughter of former civil partner

Former husband of mother
Former wife of father

Former civil partner of father
Former civil partner of mother

Former husband of father’s mother
Former wife of father’s father

Former civil partner of father’s
Former civil partner of father’s

10

father
mother

Former husband of mother’s
Former wife of mother’s father

mother

Former civil partner of mother’s
Former civil partner of mother’s

father
mother

15

Son of son of former wife
Daughter of son of former husband

Son of son of former civil partner
Daughter of son of former civil

partner

Son of daughter of former wife
Daughter of daughter of former

husband

20

Son of daughter of former civil
Daughter of daughter of former

partner
civil partner

3.—Further relationships by affinity

Father of former wife
Mother of former husband

Father of former civil partner
Mother of former civil partner

25

Former husband of daughter
Former wife of son

Former civil partner of son
Former civil partner of daughter