Civil Partnership Act 2004 (c. 33)

(The document as of February, 2008)

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(a) after "deceased spouse" in paragraph (c) of each of those paragraphs insert ", or deceased civil partner," and

(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), 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 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 (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 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

(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)

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 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 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 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.

(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 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 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,".

(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

(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".

(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.

(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 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 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; " .

(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 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".

(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 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 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 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 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 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-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 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--

" (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

(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 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,".

(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 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), 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,

(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.

(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)--

(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 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)

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 paragraph (d) insert " ; or

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.

(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 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 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.

(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

(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.) " .

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

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 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 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 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 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 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--

59 (1) Amend section 143P (meaning of "member of another's family") as follows.

(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) insert " , or

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--

" (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; " .

(5) In subsection (3), for the definition of "cohabitants" substitute--

" "cohabitants" means--

(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 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".

(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," 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

(2) In sub-paragraph (1) "the 2002 Order" means the Regulatory Reform (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".

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 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".

Section 82

SCHEDULE 9 Family homes and domestic violence

Part 1 Amendments of the Family Law Act 1996 (c. 27)

1 (1) Amend section 30 (rights concerning matrimonial home where one spouse has no estate, etc.) as follows.

(2) In subsection (1)--

(a) in paragraph (a)--

(i) after "one spouse" insert "or civil partner ("A")", and

(ii) for "that spouse" substitute "A".

(b) in paragraph (b), after "other spouse" insert "or civil partner ("B")".

(3) In subsection (2)--

(a) for "the spouse not so entitled" substitute "B",

(b) for "("matrimonial home rights")" substitute "("home rights")", and

(4) In subsection (3)--

(a) for "a spouse" and for "that spouse" substitute "B", and

(b) for "the other spouse" (in both places) substitute "A".

(5) In subsection (4)--

(a) for "A spouse's" substitute "B's",

(b) in paragraph (a), for "by the other spouse as the other spouse's" substitute "by A as A's", and

(i) for "the spouse occupies the dwelling-house as that spouse's" substitute "B occupies the dwelling-house as B's", and

(ii) for "by the other spouse as the other spouse's" substitute "by A as A's".

(6) In subsection (5)--

(a) for "a spouse ("the first spouse")" substitute "B", and

(b) in paragraph (b), for "the other spouse ("the second spouse")" substitute "A",

(d) for "the first spouse against the second spouse" substitute "B against A".

(7) In subsection (6)--

(a) for "a spouse" substitute "B", and

(b) for "the other spouse" (in both places) substitute "A".

(8) In subsection (7), for the words from first "which" to the end substitute " which--

(a) in the case of spouses, has at no time been, and was at no time intended by them to be, a matrimonial home of theirs; and

(b) in the case of civil partners, has at no time been, and was at no time intended by them to be, a civil partnership home of theirs. "

(9) In subsection (8)--

(a) for "A spouse's matrimonial home rights" substitute "B's home rights",

(b) in paragraph (a), after "marriage" insert "or civil partnership", and

(10) In subsection (9)--

(a) for "a spouse" (in both places) substitute "a person", and

(b) for "matrimonial home rights" substitute "home rights".

(11) In the heading to section 30, for "matrimonial home where one spouse" substitute "home where one spouse or civil partner" and, in the preceding cross-heading, after "matrimonial" insert "or civil partnership".

2 (1) Amend section 31 (effect of matrimonial home rights as charge on dwelling-house) as follows.

(2) In subsection (1) for "marriage, one spouse" substitute "marriage or civil partnership, A".

(3) In subsection (2) for "The other spouse's matrimonial home rights" substitute "B's home rights".

(4) In subsection (3)--

(a) in paragraph (a), for "the spouse so entitled" substitute "A", and

(b) in paragraph (b), after "marriage" insert "or of the formation of the civil partnership".

(5) In subsection (4)--

(a) for "a spouse's matrimonial home rights" substitute "B's home rights",

(b) for "the other spouse" substitute "A", and

(6) In subsection (5) for "the other spouse" substitute "A".

(7) In subsection (7) for "the spouses" substitute "A and B".

(8) In subsection (8)--

(a) for "a spouse's matrimonial home rights" substitute "B's home rights",

(b) in paragraph (a), for "the other spouse" substitute "A", and

(9) In subsection (9)--

(a) in paragraph (a), for "a spouse's matrimonial home rights" substitute "B's home rights", and

(b) for "the other spouse" (in both places) substitute "A".

(10) In subsection (10)--

(a) for "a spouse" and for "that spouse" substitute "A", and

(b) in paragraph (b), for "a spouse's matrimonial home rights" substitute "B's home rights".

(11) For subsection (12)(a) substitute--

" (a) B's home rights are a charge on the estate of A or of trustees of A, and " .

(12) In the heading to section 31, for "matrimonial home rights" substitute "home rights".

3 For section 32 (further provisions relating to matrimonial home rights) substitute--

" 32 " Further provisions relating to home rights

Schedule 4 (provisions supplementary to sections 30 and 31) has effect. "

4 (1) Amend section 33 (occupation orders where applicant has estate or interest etc. or has matrimonial home rights) as follows.

(2) In subsection (1)(a)(ii), for "matrimonial home rights" substitute "home rights".

(3) After subsection (2) insert--

" (2A) If a civil partnership agreement (as defined by section 73 of the Civil Partnership Act 2004) is terminated, no application under this section may be made by virtue of section 62(3)(eza) by reference to that agreement after the end of the period of three years beginning with the day on which it is terminated. "

(4) In subsection (3)(e)--

(a) for "matrimonial home rights" substitute "home rights", and

(b) after "spouse" insert "or civil partner".

(5) In subsection (4), for "matrimonial home rights" substitute "home rights".

(6) In subsection (5)--

(a) for "matrimonial home rights" substitute "home rights",

(b) after "is the other spouse" insert "or civil partner",

(d) in paragraph (a), after "spouse" insert "or civil partner", and

(e) in paragraph (b), after "marriage" insert "or civil partnership".

(7) In the heading to section 33, for "matrimonial home rights" substitute "home rights".

5 In section 34 (effect of order under section 33 where rights are charge on dwelling-house), in subsection (1)--

(a) for "a spouse's matrimonial home rights" substitute "B's home rights", and

(b) for "the other spouse" (in each place) substitute "A".

6 (1) Amend section 35 (one former spouse with no existing right to occupy) as follows.

(2) In subsection (1)(a) and (b), after "former spouse" insert "or former civil partner".

(3) For subsection (1)(c) substitute--

" (c) the dwelling-house--

(i) in the case of former spouses, was at any time their matrimonial home or was at any time intended by them to be their matrimonial home, or

(ii) in the case of former civil partners, was at any time their civil partnership home or was at any time intended by them to be their civil partnership home. "

(4) In subsection (2), after "former spouse" (in both places) insert "or former civil partner".

(5) In subsection (6)(f), after "marriage" insert "or civil partnership".

(6) After subsection (6)(g)(i), insert--

" (ia) for a property adjustment order under Part 2 of Schedule 5 to the Civil Partnership Act 2004; " .

(7) In subsection (9)(a), after "former spouses" insert "or former civil partners".

(8) In subsections (11) and (12), after "former spouse" insert "or former civil partner".

(9) For subsection (13)(a) and (b) substitute--

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