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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 (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

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 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 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 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.

Section 86

SCHEDULE 10 Forbidden degrees of relationship: Scotland

Column 1 Column 2
1.—Relationships by consanguinity
Father Mother
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
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
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
Son’s daughter’s son Son’s daughter’s daughter
Daughter’s son’s son Daughter’s son’s daughter
Daughter’s daughter’s son Daughter’s daughter’s daughter
2.—Relationships by affinity
Son of former wife Daughter of former husband
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 father Former civil partner of father’s mother
Former husband of mother’s mother Former wife of mother’s father
Former civil partner of mother’s father Former civil partner of mother’s mother
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
Son of daughter of former civil partner Daughter of daughter of former 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
Former husband of daughter Former wife of son
Former civil partner of son Former civil partner of daughter