|
| |
|
must continue, or further continue, the action for such period as it thinks |
| |
proper to enable attempts to be made to effect such a reconciliation. |
| |
(2) | If during any such continuation the civil partners cohabit with one another, no |
| |
account is to be taken of such cohabitation for the purposes of that action. |
| |
119 | Effect of resumption of cohabitation |
| 5 |
(1) | In an action to which paragraph (b) of section 117(3) relates, the irretrievable |
| |
breakdown of a civil partnership is not to be taken to be established if, after the |
| |
expiry of the period mentioned in that paragraph— |
| |
(a) | the pursuer resumes cohabitation with the defender, and |
| |
(b) | cohabits with the defender at any time after the end of a period of 3 |
| 10 |
months commencing with the date of such resumption. |
| |
(2) | Subsection (1) is subject to section 118(2). |
| |
(3) | In considering whether any period mentioned in paragraph (b), (c) or (d) of |
| |
section 117(3) has been continuous, no account is to be taken of any period or |
| |
periods not exceeding 6 months in all during which the civil partners cohabited |
| 15 |
with one another; but no such period or periods during which the civil partners |
| |
cohabited with one another is to count as part of the period of non-cohabitation |
| |
required by any of those paragraphs. |
| |
| |
(1) | An action for the separation of the civil partners in a civil partnership may be |
| 20 |
brought in the Court of Session or in the sheriff court. |
| |
(2) | In such an action the court may grant decree if satisfied that the circumstances |
| |
set out in any of paragraphs (a) to (d) of section 117(3) are established. |
| |
121 | Dissolution following on decree of separation |
| |
(1) | The court may grant decree in an action for the dissolution of a civil |
| 25 |
partnership even though decree of separation has previously been granted to |
| |
the pursuer on the same, or substantially the same, facts as those averred in |
| |
support of that action; and in any such action the court may treat an extract |
| |
decree of separation lodged in process as sufficient proof of the facts under |
| |
which that decree was granted. |
| 30 |
(2) | Nothing in this section entitles a court to grant decree of dissolution of a civil |
| |
partnership without receiving evidence from the pursuer. |
| |
122 | Registration of dissolution of civil partnership |
| |
(1) | The Registrar General is to maintain at the General Register Office a register of |
| |
decrees of dissolution of civil partnership (a register which shall be known as |
| 35 |
the “Register of Dissolutions of Civil Partnership”). |
| |
(2) | The Registrar General is to cause to be made and kept at the General Register |
| |
Office an alphabetical index of the entries in that register. |
| |
(3) | The register is to be in such form as may be prescribed. |
| |
|
| |
|
| |
|
(4) | On payment to him of such fee or fees as may be prescribed, the Registrar |
| |
General must, at any time when the General Register Office is open for that |
| |
| |
(a) | cause a search of the index to be made on behalf of any person or permit |
| |
any person to search the index himself, |
| 5 |
(b) | issue to any person an extract of any entry in the register which that |
| |
| |
(5) | An extract of any entry in the register is to be sufficient evidence of the decree |
| |
of dissolution to which it relates. |
| |
(6) | The Registrar General may— |
| 10 |
| |
| |
(c) | substitute another entry for, |
| |
| any entry in the register. |
| |
| 15 |
| |
Where two people register in Scotland as civil partners of each other, the civil |
| |
partnership is void if, and only if— |
| |
(a) | they were not eligible to do so, or |
| |
(b) | though they were so eligible, either of them did not validly consent to |
| 20 |
| |
124 | Validity of civil partnerships registered outside Scotland |
| |
(1) | Where two people register as civil partners of each other in England and |
| |
| |
(a) | the civil partnership is void if it would be void in England and Wales |
| 25 |
| |
(b) | the civil partnership is voidable if it would be voidable there under |
| |
section 50(1)(a), (b), (c) or (e). |
| |
(2) | Where two people register as civil partners of each other in Northern Ireland, |
| |
the civil partnership is— |
| 30 |
(a) | void, if it would be void in Northern Ireland under section 173, and |
| |
(b) | voidable, if it would be voidable there under section 174(1)(a), (b), (c) or |
| |
| |
(3) | Subsection (4) applies where two people register as civil partners of each other |
| |
under an Order in Council under— |
| 35 |
(a) | section 210 (registration at British consulates etc.), or |
| |
(b) | section 211 (registration by armed forces personnel), |
| |
| (“the relevant section”). |
| |
(4) | The civil partnership is— |
| |
| 40 |
(i) | the condition in subsection (2)(a) or (b) of the relevant section is |
| |
| |
|
| |
|
| |
|
(ii) | a requirement prescribed for the purposes of this paragraph by |
| |
an Order in Council under the relevant section is not complied |
| |
| |
| |
(i) | the appropriate part of the United Kingdom is England and |
| 5 |
Wales and the circumstances fall within section 50(1)(a), (b), (c) |
| |
| |
(ii) | the appropriate part of the United Kingdom is Northern Ireland |
| |
and the circumstances fall within section 174(1)(a), (b), (c) or (e). |
| |
(5) | The appropriate part of the United Kingdom is the part by reference to which |
| 10 |
the condition in subsection (2)(b) of the relevant section is met. |
| |
(6) | Subsections (7) and (8) apply where two people have registered an apparent or |
| |
alleged overseas relationship. |
| |
(7) | The civil partnership is void if— |
| |
(a) | the relationship is not an overseas relationship, or |
| 15 |
(b) | (even though the relationship is an overseas relationship), the parties |
| |
are not treated under Chapter 2 of Part 5 as having formed a civil |
| |
| |
(8) | The civil partnership is voidable if— |
| |
(a) | the overseas relationship is voidable under the relevant law, |
| 20 |
(b) | where either of the parties was domiciled in England and Wales at the |
| |
time when the overseas relationship was registered, the circumstances |
| |
fall within section 50(1)(a), (b), (c) or (e), or |
| |
(c) | where either of the parties was domiciled in Northern Ireland at the |
| |
time when the overseas relationship was registered, the circumstances |
| 25 |
fall within section 174(1)(a), (b), (c) or (e). |
| |
(9) | Section 51 or (as the case may be) section 175 applies for the purposes of— |
| |
(a) | subsections (1)(b), (2)(b) and (4)(b), |
| |
(b) | subsection (8)(a), in so far as applicable in accordance with the relevant |
| |
| 30 |
(c) | subsection (8)(b) and (c). |
| |
(10) | In subsections (8)(a) and (9)(b) “the relevant law” means the law of the country |
| |
or territory where the overseas relationship was registered (including its rules |
| |
of private international law). |
| |
(11) | For the purposes of subsections (8) and (9)(b) and (c), references in sections 50 |
| 35 |
| |
partnership are to be read as references to the registration of the overseas |
| |
| |
Financial provision after overseas proceedings |
| |
125 | Financial provision after overseas dissolution or annulment |
| 40 |
Schedule 11 relates to applications for financial provision in Scotland after a |
| |
civil partnership has been dissolved or annulled in a country or territory |
| |
outside the British Islands. |
| |
|
| |
|
| |
|
| |
Miscellaneous and interpretation |
| |
| |
| |
(1) | In this Chapter and in Chapters 2 and 5, “prescribed” means prescribed by |
| 5 |
regulations made by the Registrar General. |
| |
(2) | Regulations so made may make provision (including provision as to fees) |
| |
supplementing, in respect of the provision of services by or on behalf of the |
| |
Registrar General or by local registration authorities (as defined by section 5(3) |
| |
of the 1965 Act), the provisions of Chapter 2 of this Part. |
| 10 |
(3) | Any power to make regulations under subsection (1) or (2) is exercisable by |
| |
statutory instrument; and no such regulations are to be made except with the |
| |
approval of the Scottish Ministers. |
| |
(4) | A statutory instrument containing regulations under subsection (1) or (2), or |
| |
regulations under section 106(3)(a)(i), is subject to annulment in pursuance of |
| 15 |
a resolution of the Scottish Parliament. |
| |
| |
Where an attachment has been executed of furniture and plenishings of which |
| |
the debtor’s civil partner has the possession or use by virtue of an order under |
| |
section 103(3) or (4), the sheriff, on the application of that civil partner made |
| 20 |
within 40 days after the execution of the attachment, may— |
| |
(a) | declare the attachment null, or |
| |
(b) | make such order as he thinks appropriate to protect such possession or |
| |
use by that civil partner, |
| |
if satisfied that the purpose of the attachment was wholly or mainly to prevent |
| 25 |
| |
128 | Promise or agreement to enter into civil partnership |
| |
No promise or agreement to enter into civil partnership creates any rights or |
| |
obligations under the law of Scotland; and no action for breach of such a |
| |
promise or agreement may be brought in any court in Scotland, whatever the |
| 30 |
law applicable to the promise or agreement. |
| |
129 | Lord Advocate as party to action for nullity or dissolution of civil partnership |
| |
(1) | The Lord Advocate may enter appearance as a party in any action— |
| |
(a) | of declarator of nullity of a civil partnership, or |
| |
(b) | for dissolution of a civil partnership, |
| 35 |
and he may lead such proof and maintain such pleas as he thinks fit. |
| |
(2) | The Court, whenever it considers it necessary for the proper disposal of any |
| |
such action, is to direct that the action be brought to the notice of the Lord |
| |
Advocate for him to determine whether to enter appearance. |
| |
|
| |
|
| |
|
(3) | No expenses are claimable by or against the Lord Advocate in any such action |
| |
in which he enters appearance. |
| |
130 | Civil partner of accused a competent witness |
| |
(1) | The civil partner of an accused may be called as a witness— |
| |
| 5 |
(b) | without the consent of the accused, by a co-accused or by the |
| |
| |
(2) | But the civil partner is not a compellable witness for the co-accused or for the |
| |
prosecutor and is not compelled to disclose any communication made, while |
| |
the civil partnership subsists, between the civil partners. |
| 10 |
(3) | The failure of a civil partner of an accused to give evidence is not to be |
| |
commented on by the defence or the prosecutor. |
| |
131 | Succession: legal rights arising by virtue of civil partnership |
| |
(1) | Where a person dies survived by a civil partner then, unless the circumstance |
| |
is as mentioned in subsection (2), the civil partner has right to half of the |
| 15 |
moveable net estate belonging to the deceased at the time of death. |
| |
(2) | That circumstance is that the person is also survived by issue, in which case the |
| |
civil partner has right to a third of that moveable net estate and those issue |
| |
have right to another third of it. |
| |
| 20 |
| “issue” means issue however remote, and |
| |
| “net estate” has the meaning given by section 36(1) (interpretation) of the |
| |
Succession (Scotland) Act 1964 (c. 41). |
| |
(4) | Every testamentary disposition executed after the commencement of this |
| |
section by which provision is made in favour of the civil partner of the testator |
| 25 |
and which does not contain a declaration to the effect that the provision so |
| |
made is in full and final satisfaction of the right to any share in the testator’s |
| |
estate to which the civil partner is entitled by virtue of subsection (1) or (2), has |
| |
effect (unless the disposition contains an express provision to the contrary) as |
| |
if it contained such a declaration. |
| 30 |
(5) | In section 36(1) of the Succession (Scotland) Act 1964, in the definition of “legal |
| |
rights”, for “and legitim” substitute “legitim and rights under section 131 of the |
| |
Civil Partnership Act 2004”. |
| |
| |
Section 2 of the Married Women’s Policies of Assurance (Scotland) Act 1880 |
| 35 |
(c. 26) (which provides that a policy of assurance may be effected in trust for a |
| |
person’s spouse, children or spouse and children) applies in relation to a policy |
| |
| |
(a) | effected by a civil partner (in this section referred to as “A”) on A’s own |
| |
| 40 |
(b) | expressed upon the face of it to be for the benefit of A’s civil partner, or |
| |
of A’s children, or of A’s civil partner and children, |
| |
|
| |
|
| |
|
as it applies in relation to a policy of assurance effected as, and expressed upon |
| |
the face of it to be for such benefit as, is mentioned in that section. |
| |
133 | Council Tax: liability of civil partners |
| |
After section 77 of the Local Government Finance Act 1992 (c. 14), insert— |
| |
“77A | Liability of civil partners |
| 5 |
| |
(a) | a person who is liable to pay council tax in respect of any |
| |
chargeable dwelling and any day is in civil partnership with |
| |
another person or living with another person in a relationship |
| |
which has the characteristics of the relationship between civil |
| 10 |
| |
(b) | that other person is also a resident of the dwelling on that day |
| |
but would not, apart from this section, be so liable, |
| |
those persons shall be jointly and severally liable to pay the council tax |
| |
payable in respect of that dwelling and that day. |
| 15 |
(2) | Subsection (1) above shall not apply as respects any day on which the |
| |
other person there mentioned falls to be disregarded for the purposes |
| |
| |
(a) | by virtue of paragraph 2 of Schedule 1 to this Act (the severely |
| |
| 20 |
(b) | being a student, by virtue of paragraph 4 of that Schedule.” |
| |
134 | General provisions as to fees |
| |
(1) | Subject to such exceptions as may be prescribed, a district registrar may refuse |
| |
to comply with any application voluntarily made to him under this Part until |
| |
the appropriate fee, if any, provided for by or under this Part is paid to him; |
| 25 |
and any such fee, if not prepaid, is recoverable by the registrar to whom it is |
| |
| |
(2) | Circumstances, of hardship or otherwise, may be prescribed in which fees |
| |
provided for by or under this Part may be remitted by the Registrar General. |
| |
| 30 |
135 | Interpretation of this Part |
| |
In this Part, unless the context otherwise requires— |
| |
| “the 1965 Act” means the Registration of Births, Deaths and Marriages |
| |
(Scotland) Act 1965 (c. 49); |
| |
| “authorised registrar” has the meaning given by section 87; |
| 35 |
| “caravan” means a caravan which is mobile or affixed to land; |
| |
| “child of the family” has the meaning given by section 101(7); |
| |
| “civil partnership book” has the meaning given by section 89; |
| |
| “civil partnership register” has the meaning given by section 95(2); |
| |
| “civil partnership schedule” has the meaning given by section 94; |
| 40 |
| “the court” means the Court of Session or the sheriff; |
| |
|
| |
|
| |
|
| “district” means a registration district as defined by section 5(1) of the |
| |
| |
| “district registrar” has the meaning given by section 7(12) of the 1965 Act; |
| |
| “entitled partner” and “non-entitled partner”, subject to sections 106(2) |
| |
and 111(2), have the meanings respectively assigned to them by section |
| 5 |
| |
| “exclusion order” has the meaning given by section 104(1); |
| |
| “family” has the meaning given by section 101(7); |
| |
| “family home” means any house, caravan, houseboat or other structure |
| |
which has been provided or has been made available by one or both of |
| 10 |
the civil partners as, or has become, a family residence and includes any |
| |
garden or other ground or building attached to, and usually occupied |
| |
with, or otherwise required for the amenity or convenience of, the |
| |
house, caravan, houseboat or other structure but does not include a |
| |
residence provided or made available by one civil partner for that civil |
| 15 |
partner to reside in, whether with any child of the family or not, |
| |
separately from the other civil partner; |
| |
| “furniture and plenishings” means any article situated in a family home |
| |
| |
(a) | is owned or hired by either civil partner or is being acquired by |
| 20 |
either civil partner under a hire-purchase agreement or |
| |
conditional sale agreement, and |
| |
(b) | is reasonably necessary to enable the home to be used as a |
| |
| |
| but does not include any vehicle, caravan or houseboat or such other |
| 25 |
structure as is mentioned in the definition of “family home”; |
| |
| “notice of proposed civil partnership” has the meaning given by section |
| |
| |
| “occupancy rights” means the rights conferred by section 101(1); |
| |
| “Registrar General” means the Registrar General of Births, Deaths and |
| 30 |
| |
| “registration office” means a registration office provided under section |
| |
| |
| |
| 35 |
(b) | a statutory tenant as defined in section 3 of the Rent (Scotland) |
| |
| |
(c) | a statutory assured tenant as defined in section 16(1) of the |
| |
Housing (Scotland) Act 1988 (c. 43), |
| |
| and “tenancy” is to be construed accordingly. |
| 40 |
136 | The expression “relative” in the 1965 Act |
| |
In section 56(1) of the 1965 Act (interpretation), in the definition of “relative”, |
| |
at the end insert “, a civil partner and anyone related to the civil partner of the |
| |
person as regards whom the expression is being construed”. |
| |
|
| |
|