Civil Partnership Act 2004 (c. 33)

Part 3 S Civil partnership: Scotland

Chapter 3 S Occupancy rights and tenancies

Modifications etc. (not altering text)

C1 Pt. 3 Ch. 3 excluded by 2002 c. 29, s. 269A(5) (as inserted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), ss. 29(5), 58(1)(6); S.I. 2018/78, reg. 3(l))

Occupancy rights S

105 Duration of orders under sections 103 and 104 S

(1) The court may, on the application of either partner, vary or recall any order made by it under section 103 or 104.

(2) Subject to subsection (3), any such order, unless previously so varied or recalled, ceases to have effect—

(a) on the dissolution of the civil partnership,

(b) subject to section 106(1), where there is an entitled and non-entitled partner, on the entitled partner ceasing to be an entitled partner in respect of the family home to which the order relates, or

(c) where both partners are entitled, or permitted by a third party, to occupy the family home, on both partners ceasing to be so entitled or permitted.

(3) Without prejudice to the generality of subsection (2), an order under section 103(3) or (4) which grants the possession or use of furniture and plenishings ceases to have effect if the furniture and plenishings cease to be permitted by a third party to be retained in the family home.