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

S.S.I. 2006/379 · Made 27 June 2006

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

CIVIL PARTNERSHIP

Made 27th June 2006

Coming into force 30th June 2006

The Scottish Ministers, in exercise of the powers conferred by section 259(1) to (3) of the Civil Partnership Act 2004f1 and of all other powers enabling them in that behalf, hereby make the following Order, a draft of which has in accordance with section 259(8)(b) of that Act been laid before and approved by resolution of the Scottish Parliament:

Annotations to the whole text

Footnotes

f1

2004 c. 33. Section 259(11) contains a relevant definition of “Act” which includes Acts of the Scottish Parliament.

Contents

  1. 1Citation, commencement and extent
  2. 2The Agricultural Holdings (Scotland) Act 1991
  3. 3The Title Conditions (Scotland) Act 2003
  4. Signature
  5. Explanatory note

1Citation, commencement and extent

(1)

This Order may be cited as the Civil Partnership Act 2004 (Consequential Amendments) (Scotland) Order 2006 and shall come into force on 30th June 2006.

(2)

This Order shall extend to Scotland only.

2The Agricultural Holdings (Scotland) Act 1991

In paragraph 1 of Part III of Schedule 2 to the Agricultural Holdings (Scotland) Act 1991f1, in the definition of “near relative”, after “spouse” insert “, surviving civil partner”.

3The Title Conditions (Scotland) Act 2003

In section 8 of the Title Conditions (Scotland) Act 2003f1–

(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.”.

Signature

HUGH HENRY

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

27th June 2006

Explanatory note

(This note is not part of the Order)

This Order makes provision consequential to the Civil Partnership Act 2004.

It amends the Agricultural Holdings (Scotland) Act 1991 and the Title Conditions (Scotland) Act 2003 to ensure that civil partners are given parity of treatment with spouses in respect of those Acts.