Civil Partnership Act 2004

Interpretation S

135 Interpretation of this Part S

[F1 (1)] In this Part, unless the context otherwise requires—

• “the 1965 Act” means the Registration of Births, Deaths and Marriages (Scotland) Act 1965 (c. 49);

• “authorised registrar” has the meaning given by section 87;

• “caravan” means a caravan which is mobile or affixed to land;

• “child of the family” has the meaning given by section 101(7);

• “civil partnership book” has the meaning given by section 89;

• “civil partnership register” has the meaning given by section 95(2);

• “civil partnership schedule” has the meaning given by section 94;

• “the court” means the Court of Session or the sheriff;

• “district” means a registration district as defined by section 5(1) of the 1965 Act;

• “district registrar” has the meaning given by section 7(12) of the 1965 Act;

• “entitled partner” and “non-entitled partner”, subject to sections 106(2) and 111(2), have the meanings respectively assigned to them by section 101(1);

• “exclusion order” has the meaning given by section 104(1);

• “family” has the meaning given by section 101(7);

• “family home” means [F2 , subject to subsection (2),] any house, caravan, houseboat or other structure which has been provided or has been made available by one or both of the civil partners as, or has become, a family residence and includes any garden or other ground or building F3 . . . usually occupied with, or otherwise required for the amenity or convenience of, the house, caravan, houseboat or other structure but does not include a residence provided or made available by [F4 a person for one] civil partner to reside in, whether with any child of the family or not, separately from the other civil partner;

• “furniture and plenishings” means any article situated in a family home of civil partners which—

  (a)

  is owned or hired by either civil partner or is being acquired by either civil partner under a hire-purchase agreement or conditional sale agreement, and

  (b)

  is reasonably necessary to enable the home to be used as a family residence,

  but does not include any vehicle, caravan or houseboat or such other structure as is mentioned in the definition of “family home”;

• “notice of proposed civil partnership” has the meaning given by section 88(1);

• “occupancy rights” means the rights conferred by section 101(1);

• “Registrar General” means the Registrar General of Births, Deaths and Marriages for Scotland;

• “registration office” means a registration office provided under section 8(1) of the 1965 Act;

• “tenant” includes—

  (a)

  a sub-tenant,

  (b)

  a statutory tenant as defined in section 3 of the Rent (Scotland) Act 1984 (c. 58), and

  (c)

  a statutory assured tenant as defined in section 16(1) of the Housing (Scotland) Act 1988 (c. 43),

  and “tenancy” is to be construed accordingly.

[F5 (2) If—

(a) the tenancy of a family home is transferred from one civil partner to the other by agreement or under any enactment, and

(b) following the transfer, the civil partner to whom the tenancy was transferred occupies the home but the other civil partner does not,

the home shall, on such transfer, cease to be a family home.]

Textual Amendments

F1 S. 135 renumbered as s. 135(1) (4.5.2006) by Family Law (Scotland) Act 2006 (asp 2), ss. 33, 46(2), Sch. 1 para. 12; S.S.I. 2006/212, art. 2 (subject to arts. 3-13)

F2 Words in s. 135(1) inserted (4.5.2006) by Family Law (Scotland) Act 2006 (asp 2), ss. 33, 46(2), Sch. 1 para. 12(a)(i); S.S.I. 2006/212, art. 2 (subject to arts. 3-13)

F3 Words in s. 135 repealed (4.5.2006) by Family Law (Scotland) Act 2006 (asp 2), ss. 45(2), 46(2), Sch. 3; S.S.I. 2006/212, art. 2 (subject to arts. 3-13)

F4 Words in s. 135(1) substituted (4.5.2006) by Family Law (Scotland) Act 2006 (asp 2), ss. 33, 46(2), Sch. 1 para. 12(a)(ii); S.S.I. 2006/212, art. 2 (subject to arts. 3-13)

F5 S. 135(2) inserted (4.5.2006) by Family Law (Scotland) Act 2006 (asp 2), ss. 33, 46(2), Sch. 1 para. 12(b); S.S.I. 2006/212, art. 2 (subject to arts. 3-13)

136 The expression “relative” in the 1965 Act S

In section 56(1) of the 1965 Act (interpretation), in the definition of “relative”, at the end insert “ , a civil partner and anyone related to the civil partner of the person as regards whom the expression is being construed ”.