Civil Partnership Act 2004

39 (1) Amend Schedule 6 (eligibility to apply for new tenancy under Part 4) as follows. E+W

(2) In paragraph 1(2) (control of body corporate by deceased’s close relative)—

(a) after “or his spouse” insert “ or his civil partner ”, and

(b) after “together” insert “ or he and his civil partner together ”.

(3) In paragraph 1 (preliminary), after sub-paragraph (3) insert—

“(4) Any reference in this Schedule to the civil partner of a close relative of the deceased does not apply in relation to any time when the relative’s civil partnership is subject to—

(a) a separation order under Chapter 2 of Part 2 of the Civil Partnership Act 2004, or

(b) a dissolution order, nullity order or presumption of death order that is a conditional order under that Chapter.”

(4) In paragraph 6(2) (no disregard of occupation by relative under tenancy granted by his spouse), after “spouse” insert “ or civil partner ”.

(5) In paragraph 9(1)(a) (occupation by spouse of relative treated as occupation by relative), after “spouse” insert “ , or civil partner, ”.

(6) In paragraph 9(2) (cases involving joint occupation by spouse, or controlled body, and another)—

(a) for the words from “joint occupation of land” to “sub-paragraphs” substitute “joint occupation of land by—

(a) his spouse or civil partner or a body corporate, and

(b) any other person or persons,

sub-paragraphs ”, and

(b) after “spouse” (in the second place) insert “ or civil partner, ”.

(7) In paragraph 10(3)(a) (meaning of “connected person”), after “spouse” insert “ or civil partner ”.

(8) In the italic heading before each of paragraphs 9 and 10, after “spouse” insert “ , civil partner ”.