The Civil Partnership Act 2004 (Consequential Amendments) (Scotland) Order 2006

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Draft Regulations laid before the Scottish Parliament under section 259(8)(b) of the Civil Partnership Act 2004 for approval by resolution of the Scottish Parliament.

(a) in subsection (2)(b)(i) after "spouse" insert "or non-entitled partner"; and

(b) for subsection (5) substitute–

    " (5) In subsection (2)(b) above–


"non-entitled partner" shall be construed in accordance with section 101(1) of the Civil Partnership Act 2004 (c. 33) (right of civil partner without title to occupy family home);
"non-entitled spouse" shall be construed in accordance with section 1 of the Matrimonial Homes (Family Protection) (Scotland) Act 1981 (c. 59) (right of spouse without title to occupy matrimonial home); and
"occupancy rights" shall be construed, in relation to non-entitled partners, in accordance with section 135 of the 2004 Act and, in relation to non-entitled spouses, in accordance with section 1 of the 1981 Act.".

Authorised to sign by the Scottish Ministers

St Andrew's House, Edinburgh
2006

[2] 1991 c.55.back

[3] 2003 asp 9.back