Textual Amendments
F1Sch. 6A inserted (11.10.1993) by 1993 c. 28, s. 117(2), Sch. 16; S.I. 1993/2134, arts. 2, 4(b) (with saving in Sch. 1 para. 4(1)).
Textual Amendments
F2Sch. 6A inserted (11.10.1993) by 1993 c. 28, s. 117(2), Sch. 16; S.I. 1993/2134, arts. 2, 4(b) (with saving in Sch. 1 para. 4(1)).
F312(1)In this Schedule—
“independent valuer” means an independent valuer appointed in pursuance of provisions in that behalf contained in the conveyance or grant;
“protection period” has the meaning given by paragraph 4(2);
“qualifying person” means a qualifying spouse or a qualifying resident.
(2)A person is a qualifying spouse for the purposes of this Schedule if—
(a)he is entitled to a beneficial interest in the dwelling-house immediately after the time when there ceases to be an interest to which this paragraph applies;
(b)he is occupying the dwelling-house as his only or principal home immediately before that time; and
(c)he is the spouse or surviving spouse of the person who immediately before that time was entitled to the interest to which this paragraph applies or, as the case may be, the last remaining such interest, or is the surviving spouse of a person who immediately before his death was entitled to such an interest;
and any reference in this paragraph to the spouse or surviving spouse of a person includes a reference to a former spouse or surviving former spouse of that person.
(3)A person is a qualifying resident for the purposes of this Schedule if—
(a)he is entitled to a beneficial interest in the dwelling-house immediately after the time when there ceases to be an interest to which this paragraph applies;
(b)he is occupying the dwelling-house as his only or principal home immediately before that time;
(c)he has resided throughout the period of twelve months ending with that time—
(i)with the person who immediately before that time was entitled to the interest to which this paragraph applies or, as the case may be, the last remaining such interest, or
(ii)with two or more persons in succession each of whom was throughout the period of residence with him entitled to such an interest; and
(d)he is not a qualifying spouse.
(4)A beneficial interest in the dwelling-house is an interest to which this paragraph applies if the person entitled to it is the secure tenant or, as the case may be, one of the secure tenants.
(5)References in this Schedule to the secure tenant are references to the secure tenant or tenants to whom the conveyance or grant is made and references to the secure tenant or, as the case may be, one of the secure tenants shall be construed accordingly.
(6)References in this Schedule to the secure tenant’s successors in title do not include references to any person entitled to a legal charge having priority to the mortgage required by section 151B (mortgage for securing redemption of landlord’s share) or any person whose title derives from such a charge.
Textual Amendments
F3Sch. 6A inserted (11.10.1993) by 1993 c. 28, s. 117(2), Sch. 16; S.I. 1993/2134, arts. 2, 4(b) (with saving in Sch. 1 para. 4(1)).