Article 3 The Title Conditions (Scotland) Act 2003

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

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.”.