16(1)Amend Schedule 7 (transfer of certain tenancies on divorce etc. or on separation of cohabitants) as follows.E+W
(2)In paragraph 1, before the definition of “cohabitant” insert—
““civil partner”, except in paragraph 2, includes (where the context requires) former civil partner;”.
(3)In paragraph 2(1), after “spouse” (in both places) insert “ or civil partner ”.
(4)For paragraph 2(2) substitute—
“(2)The court may make a Part II order—
(a)on granting a decree of divorce, a decree of nullity of marriage or a decree of judicial separation or at any time thereafter (whether, in the case of a decree of divorce or nullity of marriage, before or after the decree is made absolute), or
(b)at any time when it has power to make a property adjustment order under Part 2 of Schedule 5 to the Civil Partnership Act 2004 with respect to the civil partnership.”
(5)Omit “or” at the end of paragraph 4(a) and insert—
“(aa)in the case of civil partners, a civil partnership home; or”.
(6)In paragraph 5(a), after “spouses” insert “ , civil partners ”.
(7)In paragraph 6—
(a)after “spouse” (in the first place) insert “ , a civil partner ”, and
(b)after “spouse” (in the second place) insert “ , civil partner ”.
(8)In paragraph 7(1) and (2), after “spouse” (in each place) insert “ , civil partner ”.
(9)For paragraph 7(3) to (4) substitute—
“(3)If the spouse, civil partner or cohabitant so entitled is a successor within the meaning of Part 4 of the Housing Act 1985—
(a)his former spouse (or, in the case of judicial separation, his spouse),
(b)his former civil partner (or, if a separation order is in force, his civil partner), or
(c)his former cohabitant,
is to be deemed also to be a successor within the meaning of that Part.
(3A)If the spouse, civil partner or cohabitant so entitled is a successor within the meaning of section 132 of the Housing Act 1996—
(a)his former spouse (or, in the case of judicial separation, his spouse),
(b)his former civil partner (or, if a separation order is in force, his civil partner), or
(c)his former cohabitant,
is to be deemed also to be a successor within the meaning of that section.
(4)If the spouse, civil partner or cohabitant so entitled is for the purposes of section 17 of the Housing Act 1988 a successor in relation to the tenancy or occupancy—
(a)his former spouse (or, in the case of judicial separation, his spouse),
(b)his former civil partner (or, if a separation order is in force, his civil partner), or
(c)his former cohabitant,
is to be deemed to be a successor in relation to the tenancy or occupancy for the purposes of that section.”
(10)In paragraph 7(5)(a), after “spouse” insert “ , civil partner ”.
(11)Omit paragraph 7(6).
(12)In paragraph 8(1) and (2)(a) and (b), after “spouse” insert “ , civil partner ”.
(13)In paragraph 8(3), after “surviving spouse” insert “ or surviving civil partner ”.
(14)In paragraphs 9(1), (2)(a) and (b) and (3) (in both places) and 10(1) (in both places), after “spouse” insert “ , civil partner ”.
(15)In paragraph 11(1), after “spouses” insert “ , civil partners ”.
(16)In paragraph 11(2), after “spouse” insert “ , civil partner ”.
(17)For paragraph 12 and the heading preceding it, substitute—
12The date specified in a Part II order as the date on which the order is to take effect must not be earlier than—
(a)in the case of a marriage in respect of which a decree of divorce or nullity has been granted, the date on which the decree is made absolute;
(b)in the case of a civil partnership in respect of which a dissolution or nullity order has been made, the date on which the order is made final.”
(18)For paragraph 13 and the heading preceding it substitute—
13(1)If after the grant of a decree dissolving or annulling a marriage either spouse remarries or forms a civil partnership, that spouse is not entitled to apply, by reference to the grant of that decree, for a Part II order.
(2)If after the making of a dissolution or nullity order either civil partner forms a subsequent civil partnership or marries, that civil partner is not entitled to apply, by reference to the making of that order, for a Part II order.
(3)In sub-paragraphs (1) and (2)—
(a)the references to remarrying and marrying include references to cases where the marriage is by law void or voidable, and
(b)the references to forming a civil partnership include references to cases where the civil partnership is by law void or voidable.”
(19)In paragraph 15(1)—
(a)after “spouse” insert “ or civil partner ”, and
(b)for “spouse’s matrimonial home rights” substitute “ spouse’s or civil partner’s home rights ”.
(20)In paragraph 15(2), after “spouse” insert “ , civil partner ”.