Legalize / United Kingdom / Public General Act

Civil Partnership Act 2004

Type Public General Act

Publication 2004-11-18

Last updated 2025-12-01

State In force

Department Statute Law Database

Source legislation.gov.uk

articles 13

Reform history JSON API

(4) An application made under section 66 or 67 by virtue of subsection (3) must be made within 3 years of the termination of the agreement.

(5) A party to a civil partnership agreement who makes a gift of property to the other party on the condition (express or implied) that it is to be returned if the agreement is terminated is not prevented from recovering the property merely because of his having terminated the agreement.

Chapter 5 — Children

Parental responsibility, children of the family and relatives

75

(1) Amend the Children Act 1989 (c. 41) (“the 1989 Act”) as follows.

(2) In section 4A(1) (acquisition of parental responsibility by step-parent) after “is married to” insert “ , or a civil partner of, ”.

(3) In section 105(1) (interpretation), for the definition of “child of the family” (in relation to the parties to a marriage) substitute—

“child of the family”, in relation to parties to a marriage, or to two people who are civil partners of each other, means— (a) a child of both of them, and (b) any other child, other than a child placed with them as foster parents by a local authority or voluntary organisation, who has been treated by both of them as a child of their family.

(4) In the definition of “relative” in section 105(1), for “by affinity)” substitute “ by marriage or civil partnership) ”.

Guardianship

76

In section 6 of the 1989 Act (guardians: revocation and disclaimer) after subsection (3A) insert—

(3B) An appointment under section 5(3) or (4) (including one made in an unrevoked will or codicil) is revoked if the person appointed is the civil partner of the person who made the appointment and either— (a) an order of a court of civil jurisdiction in England and Wales dissolves or annuls the civil partnership, or (b) the civil partnership is dissolved or annulled and the dissolution or annulment is entitled to recognition in England and Wales by virtue of Chapter 3 of Part 5 of the Civil Partnership Act 2004, unless a contrary intention appears by the appointment.

Entitlement to apply for residence or contact order

77

In section 10(5) of the 1989 Act (persons entitled to apply for residence or contact order) after paragraph (a) insert—

(aa) any civil partner in a civil partnership (whether or not subsisting) in relation to whom the child is a child of the family;

Financial provision for children

78

(1) Amend Schedule 1 to the 1989 Act (financial provision for children) as follows.

(2) In paragraph 2(6) (meaning of “periodical payments order”) after paragraph (d) insert—

(e) Part 1 or 9 of Schedule 5 to the Civil Partnership Act 2004 (financial relief in the High Court or a county court etc.); (f) Schedule 6 to the 2004 Act (financial relief in the magistrates' courts etc.),

(3) In paragraph 15(2) (person with whom a child lives or is to live) after “husband or wife” insert “ or civil partner ”.

(4) For paragraph 16(2) (extended meaning of “parent”) substitute—

(2) In this Schedule, except paragraphs 2 and 15, “parent” includes— (a) any party to a marriage (whether or not subsisting) in relation to whom the child concerned is a child of the family, and (b) any civil partner in a civil partnership (whether or not subsisting) in relation to whom the child concerned is a child of the family; and for this purpose any reference to either parent or both parents shall be read as a reference to any parent of his and to all of his parents.

Adoption

79

(1) Amend the Adoption and Children Act 2002 (c. 38) as follows.

(2) In section 21 (placement orders), in subsection (4)(c), after “child marries” insert “ , forms a civil partnership ”.

(3) In section 47 (conditions for making adoption orders), after subsection (8) insert—

(8A) An adoption order may not be made in relation to a person who is or has been a civil partner.

(4) In section 51 (adoption by one person), in subsection (1), after “is not married” insert “ or a civil partner ”.

(5) After section 51(3) insert—

(3A) An adoption order may be made on the application of one person who has attained the age of 21 years and is a civil partner if the court is satisfied that— (a) the person’s civil partner cannot be found, (b) the civil partners have separated and are living apart, and the separation is likely to be permanent, or (c) the person’s civil partner is by reason of ill-health, whether physical or mental, incapable of making an application for an adoption order.

(6) In section 64 (other provision to be made by regulations), in subsection (5) for “or marriage” substitute “ , marriage or civil partnership ”.

(7) In section 74(1) (enactments for whose purposes section 67 does not apply), for paragraph (a) substitute—

(a) section 1 of and Schedule 1 to the Marriage Act 1949 or Schedule 1 to the Civil Partnership Act 2004 (prohibited degrees of kindred and affinity),

(8) In section 79 (connections between the register and birth records), in subsection (7)—

(a) in paragraph (b), after “intends to be married” insert “ or form a civil partnership ”, and

(b) for “the person whom the applicant intends to marry” substitute “ the intended spouse or civil partner ”.

(9) In section 81 (Adoption Contact Register: supplementary), in subsection (2) for “or marriage” substitute “ , marriage or civil partnership ”.

(10) In section 98 (pre-commencement adoptions: information), in subsection (7), in the definition of “relative” for “or marriage” substitute “ , marriage or civil partnership ”.

(11) In section 144 (interpretation), in the definition of “relative” in subsection (1), after “by marriage” insert “ or civil partnership ”.

(12) In section 144(4) (meaning of “couple”), after paragraph (a) insert—

(aa) two people who are civil partners of each other, or

Chapter 6 — Miscellaneous

False statements etc. with reference to civil partnerships

80

(1) A person commits an offence if—

(a) for the purpose of procuring the formation of a civil partnership, or a document mentioned in subsection (2), he—

(i) makes or signs a declaration required under this Part or Part 5, or

(ii) gives a notice or certificate so required,

knowing that the declaration, notice or certificate is false,

(b) for the purpose of a record being made in any register relating to civil partnerships, he—

(i) makes a statement as to any information which is required to be registered under this Part or Part 5, or

(ii) causes such a statement to be made,

knowing that the statement is false, or

(d) with respect to a declaration made under paragraph 5(1) of Schedule 1 he makes a statement mentioned in paragraph 6 of that Schedule which he knows to be false in a material particular.

(2) The documents are—

(a) a civil partnership schedule or a Registrar General’s licence under Chapter 1;

(b) a document required by an Order in Council under section 210 or 211 as an authority for two people to register as civil partners of each other;

(3) A person guilty of an offence under subsection (1) is liable—

(a) on conviction on indictment, to imprisonment for a term not exceeding 7 years or to a fine (or both);

(b) on summary conviction, to a fine not exceeding the statutory maximum.

(4) The Perjury Act 1911 (c. 6) has effect as if this section were contained in it.

Housing and tenancies

81

Schedule 8 amends certain enactments relating to housing and tenancies.

Family homes and domestic violence

82

Schedule 9 amends Part 4 of the Family Law Act 1996 (c. 27) and related enactments so that they apply in relation to civil partnerships as they apply in relation to marriages.

Fatal accidents claims

83

(1) Amend the Fatal Accidents Act 1976 (c. 30) as follows.

(2) In section 1(3) (meaning of “dependant” for purposes of right of action for wrongful act causing death), after paragraph (a) insert—

(aa) the civil partner or former civil partner of the deceased;

(3) In paragraph (b)(iii) of section 1(3), after “wife” insert “ or civil partner ”.

(4) After paragraph (f) of section 1(3) insert—

(fa) any person (not being a child of the deceased) who, in the case of any civil partnership in which the deceased was at any time a civil partner, was treated by the deceased as a child of the family in relation to that civil partnership;

(5) After section 1(4) insert—

(4A) The reference to the former civil partner of the deceased in subsection (3)(aa) above includes a reference to a person whose civil partnership with the deceased has been annulled as well as a person whose civil partnership with the deceased has been dissolved.

(6) In section 1(5)(a), for “by affinity” substitute “ by marriage or civil partnership ”.

(7) In section 1A(2) (persons for whose benefit claim for bereavement damages may be made)—

(a) in paragraph (a), after “wife or husband” insert “ or civil partner ”, and

(b) in paragraph (b), after “was never married” insert “ or a civil partner ”.

(8) In section 3 (assessment of damages), in subsection (4), after “wife” insert “ or civil partner ”.

Evidence

84

(1) Any enactment or rule of law relating to the giving of evidence by a spouse applies in relation to a civil partner as it applies in relation to the spouse.

(2) Subsection (1) is subject to any specific amendment made by or under this Act which relates to the giving of evidence by a civil partner.

(3) For the avoidance of doubt, in any such amendment, references to a person’s civil partner do not include a former civil partner.

(4) References in subsections (1) and (2) to giving evidence are to giving evidence in any way (whether by supplying information, making discovery, producing documents or otherwise).

(5) Any rule of law—

(a) which is preserved by section 7(3) of the Civil Evidence Act 1995 (c. 38) or section 118(1) of the Criminal Justice Act 2003 (c. 44), and

(b) under which in any proceedings evidence of reputation or family tradition is admissible for the purpose of proving or disproving the existence of a marriage,

is to be treated as applying in an equivalent way for the purpose of proving or disproving the existence of a civil partnership.

Part 3 — Civil partnership: Scotland

Chapter 1 — Formation and eligibility

Formation of civil partnership by registration

85

(1) For the purposes of section 1, two people are to be regarded as having registered as civil partners of each other once each of them has signed the civil partnership schedule, in the presence of—

(a) each other,

(b) two witnesses both of whom have attained the age of 16, and

(2) But the two people must be eligible to be so registered.

(3) Subsection (1) applies regardless of whether subsection (4) is complied with.

(4) After the civil partnership schedule has been signed under subsection (1), it must also be signed, in the presence of the civil partners and each other by—

(a) each of the two witnesses, and

(b) the approved celebrant or, as the case may be, the authorised registrar.

Eligibility

86

(1) Two people are not eligible to register in Scotland as civil partners of each other if—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) they are related in a forbidden degree,

(d) either is married or already in civil partnership, or

(e) either is incapable of—

(i) understanding the nature of civil partnership, or

(ii) validly consenting to its formation.

(2) Subject to subsection (3), a person is related to another person in a forbidden degree if related to that person in a degree specified in Schedule 10.

(3) A person who is related to another person in a degree specified in paragraph 2 of Schedule 10 (relationships by affinity) is not related to that person in a forbidden degree if—

(a) both persons have attained the age of 21, and

(b) the younger has not at any time before attaining the age of 18 lived in the same household as the elder and been treated by the elder as a child of the elder’s family.

(3A) For the purposes of paragraph 2 of Schedule 10, “spouse” means—

(a) in the case of a marriage between persons of different sexes, a wife in relation to her husband or a husband in relation to his wife, and

(b) in the case of a marriage between persons of the same sex, one of the parties to the marriage in relation to the other.

(4) Paragraph 2 of Schedule 10 has effect subject to the modifications specified in subsection (5) in the case of a person (here the “relevant person”) whose gender has become the acquired gender under the Gender Recognition Act 2004 (c. 7).

(5) The reference in subsection (3A)(a) as it applies to that paragraph to—

(a) a ... wife of the relevant person includes any ... husband of the relevant person, and

(b) a ... husband of the relevant person includes any ... wife of the relevant person.

(5A) This section and Schedule 10 have effect as if any reference in that Schedule to a parent within any of the degrees of relationship specified ... included a woman who is a parent of a child by virtue of section 42 or 43 of the Human Fertilisation and Embryology Act 2008 (c. 22).

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) References in this section and in Schedule 10 to relationships and degrees of relationship are to be construed in accordance with section 1(1) of the Law Reform (Parent and Child) (Scotland) Act 1986 (c. 9).

(9) For the purposes of this section, a degree of relationship specified in paragraph 1 of Schedule 10 exists whether it is of the full blood or the half blood.

(10) Amend section 41(1) of the Adoption (Scotland) Act 1978 (c. 28) (application to determination of forbidden degrees of provisions of that Act relating to the status conferred by adoption) as follows—

(a) after first “marriage” insert “ , to the eligibility of persons to register as civil partners of each other ”, and

(b) for “and incest” substitute “ , to such eligibility and to incest ”.

Chapter 2 — Registration

Appointment of authorised registrars

87

For the purpose of affording reasonable facilities throughout Scotland for civil registration as civil partners, the Registrar General—

(a) is to appoint such number of district registrars as he thinks necessary, and

(b) may, in respect of any district for which he has made an appointment under paragraph (a), appoint one or more assistant registrars,

as persons who may carry out such registration (in this Part referred to as “authorised registrars”).

Notice of proposed civil partnership

88

(1) In order to register as civil partners, each of the intended civil partners must submit to the district registrar a notice, in the prescribed form . . . , of intention to enter civil partnership (in this Part referred to as a “notice of proposed civil partnership”).

(2) Each of the intended civil partners must also pay the prescribed fee and submit the following documents—

(a) that person's birth certificate,

(b) if that person has previously been married or in civil partnership and—

(i) the marriage or civil partnership has been dissolved, a copy of the decree of divorce or dissolution, or

(ii) the other party to that marriage or civil partnership has died, the death certificate of that other party, and

(c) if that person has previously ostensibly been married or in civil partnership but decree of annulment has been obtained, a copy of that decree.

(2A) If an intended civil partner is a relevant national as defined in section 30A(ab)(i) or (ii) the intended civil partner must also submit—

(a) where the intended civil partner falls within section 30A(ab)(i), an electronic certificate which confirms that the leave referred to in that provision has been granted; or

(b) where the intended civil partner falls within section 30A(ab)(ii)—

(i) a certificate of application which confirms that the application referred to in regulation 4 of the Citizens' Rights (Application Deadline and Temporary Protection) (EU Exit) Regulations 2020 has been made; and

(ii) evidence that the relevant period referred to in regulation 4 of those Regulations has not expired.

(3) If a person is unable to submit a certificate or decree required by subsection (2) he may instead make a declaration to that effect, stating what the reasons are; and he must provide the district registrar with such—

(a) information in respect of the matters to which the certificate or document would have related, and

(b) documentary evidence in support of that information,

as the district registrar may require.

(4) If a document submitted under subsection (2) or (3) is in a language other than English, the person submitting it must, unless subsection (4A) applies, attach to the document a translation of it in English, certified by the translator as a correct translation.

(4A) This subsection applies where—

(a) the document submitted is accompanied by a multilingual standard form issued by an authority in a Member State of the European Union in accordance with Regulation (EU) 2016/1191 of the European Parliament and of the Council, and

(b) the district registrar considers that the information included in the multilingual standard form is sufficient for processing the document.

(5) A person submitting a notice under subsection (1) must make and attest in the prescribed manner the necessary declaration (the form for which must be included in any form prescribed for the notice).

(5A) Regulations prescribing the form of the notice of proposed civil partnership may make provision for the notice to be electronic rather than paper-based.

(6) The necessary declaration is a declaration that the person submitting the notice believes that the intended civil partners are eligible to be in civil partnership with each other.

(7) In this section, “the district registrar” means—

(a) where the civil partnership is to be registered in a registration district, the district registrar for that district,

(b) where the civil partnership is to be registered in Scottish waters—

(i) in the case where the civil partnership is to be registered by an approved celebrant, the district registrar for any registration district,

(ii) in the case where the civil partnership is to be registered by an authorised registrar, the district registrar for the registration district of the proposed authorised registrar.

(8) A district registrar to whom a notice under subsection (1) is submitted may require the person submitting the notice to provide the district registrar with specified nationality evidence relating to each of the intended civil partners.

(9) A requirement under subsection (8) may be imposed at any time—

(a) on or after the submitting of the notice under subsection (1), but

(b) before the district registrar completes the civil partnership schedule.

(10) In subsection (8), “specified nationality evidence” means such evidence of that person's nationality as may be specified in guidance issued by the Registrar General.

Civil partnership notice book

89

(1) On receipt of a notice of proposed civil partnership, the district registrar is to enter in a book (to be known as “the civil partnership book”) supplied to him for that purpose by the Registrar General such particulars, extracted from the notice, as may be prescribed and the date of receipt by him of that notice.

(2) The form and content of any page of that book is to be prescribed.

(3) In this section and sections 90, 91, 92 and 94, “the district registrar” means—

(a) where the civil partnership is to be registered in a registration district, the district registrar for that district,

(b) where the civil partnership is to be registered in Scottish waters—

(i) in the case where the civil partnership is to be registered by an approved celebrant, the district registrar to whom the civil partnership notices were submitted,

(ii) in the case where the civil partnership is to be registered by an authorised registrar, the district registrar for the registration district of the proposed authorised registrar.

(4) Subsection (1) is subject to section 88E.

Publicisation

90

(1) Where notices of a proposed civil partnership are received by the district registrar , he must, as soon as practicable after such receipt(or, if the two documents are not received on the same day, after the first is received), publicise the relevant information and send it to the Registrar General who must also publicise it.

(2) “The relevant information” means—

(a) the names of the intended civil partners, and

(b) the date on which it is intended to register them as civil partners of each other, being a date more than 28 days after publicisation by the district registrar under subsection (1).

(3) Paragraph (b) of subsection (2) is subject to section 91(1) .

(4) The manner in which and means by which relevant information is to be publicised are to be prescribed.

Early registration

91

(1) Where the district registrar receives a request in writing from one or both of two intended civil partners that they should be registered as civil partners of each other on a date specified in the request (being a date 28 days or fewer after publicisation by the district registrar under subsection (1) of section 90) the district registrar may, provided that he is authorised to do so by the Registrar General, fix that date as the date for registration; and if a date is so fixed, paragraph (b) of subsection (2) of that section is to be construed as if it were a reference to that date.

(1A) Unless subsection (1B) applies, if a proposed civil partnership is referred to the Secretary of State under section 88F (“the referred civil partnership”) the Registrar General may not authorise the district registrar to fix the specified date mentioned in subsection (1) as the date for registration of the referred civil partnership without the consent of the Secretary of State.

(1B) This subsection applies if the request made under subsection (1) is made because a party to the referred civil partnership is gravely ill and not expected to recover.

(2) For the purposes of subsection (1), a request which is made by electronic means is to be treated as in writing if it is received in a form which is legible and capable of being used for subsequent reference.

Objections to registration

92

(1) Any person may at any time before the registration in Scotland of two people as civil partners of each other submit in writing an objection to such registration to the district registrar.

(1A) For the purpose of subsection (1), an objection which is submitted to the registrar by electronic means is to be treated as in writing if it is received in a form which is legible and capable of being used for subsequent reference.

(2) But where the objection is that the intended civil partners are not eligible to be in civil partnership with each other because either is incapable of—

(a) understanding the nature of civil partnership, or

(b) validly consenting to its formation,

it shall not be treated as submitted until there has also been produced to the registrar a supporting certificate attested in the prescribed manner by a registered medical practitioner.

(3) A person claiming that he may have reason to submit such an objection may, free of charge and at any time when the registration office of the district registrar is open for public business, inspect any relevant entry in the civil partnership book.

(4) Where the district registrar receives an objection in accordance with subsection (1) he must—

(a) in any case where he is satisfied that the objection relates to no more than a misdescription or inaccuracy in a notice submitted under section 88(1)—

(i) notify the intended civil partners of the nature of the objection and make such enquiries into the matter mentioned in it as he thinks fit, and

(ii) subject to the approval of the Registrar General, make any necessary correction to any document relating to the proposed civil partnership, or

(b) in any other case—

(i) at once notify the Registrar General of the objection, ...

(ii) pending consideration of the objection by the Registrar General, suspend the completion or issue of the civil partnership schedule in respect of the proposed civil partnership, and

(iii) where, in the case of a civil partnership to be registered by an approved celebrant, the civil partnership schedule has already been issued to the parties, if possible notify that celebrant of the objection and advise the celebrant not to register the civil partnership pending consideration of the objection.

(5) If the Registrar General is satisfied, on consideration of an objection of which he has received notification under subsection (4)(b)(i) that—

(a) there is a legal impediment to registration, he must direct the district registrar to take all reasonable steps to ensure that the registration of the civil partnership does not take place and must notify, or direct the district registrar to notify, the intended civil partners accordingly, or

(b) there is no such impediment, he must inform the district registrar to that effect.

(6) For the purposes of this section and section 94, there is a legal impediment to registration where the intended civil partners are not eligible to be in civil partnership with each other.

Place of registration

93

(1) Two people may be registered by an authorised registrar as civil partners of each other—

(a) at the registration office of the authorised registrar,

(b) at an appropriate place in the registration district of the authorised registrar, or

(i) the registration office of another authorised registrar,

(ii) an appropriate place in the registration district of another authorised registrar, or

(iii) an appropriate place in Scottish waters.

(1A) In this section—

“appropriate place” means a place which—the parties to the intended civil partnership and the local registration authority agree is to be the place of registration, andis not religious premises,

“local registration authority” means—the local registration authority for the registration district which includes the place, orwhere the place is in Scottish waters, the local registration authority for the authorised registrar's registration district,

“religious premises” means premises which—are used solely or mainly for religious purposes, orhave been so used and have not subsequently been used solely or mainly for other purposes.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) “Local registration authority” has the meaning given by section 5(3) of the 1965 Act.

(5) “Scottish Waters” has the meaning given by section 26(2) of the Marriage (Scotland) Act 1977 (c. 15).

The civil partnership schedule

94

(1) Where—

(a) the district registrar has received a notice of proposed civil partnership in respect of each of the intended civil partners and—

(i) is satisfied that there is no legal impediment to their registration as civil partners of each other, or

(ii) as the case may be, is informed under section 92(5)(b) that there is no such impediment,

(b) the 28 days mentioned in paragraph (b) of section 90(2) have expired (or as the case may be the date which, by virtue of section 91(1), that paragraph is to be construed as a reference to has been reached), and

(c) the period which has elapsed since the day of receipt of the notices by him (or, if the two notices were not received on the same day, since the day of receipt of the later) does not exceed 3 months,

he is to complete a civil partnership schedule in the prescribed form.

(2) In the case of a civil partnership to be registered by an approved celebrant, the civil partnership schedule completed in accordance with subsection (1) is to be issued by the district registrar to one or both of the parties to the intended civil partnership.

(3) The district registrar may not issue the civil partnership schedule on a date earlier than 7 days before the date of the intended civil partnership unless authorised to do so by the Registrar General.

Further provision as to registration

95

(1) Before the persons present sign in accordance with section 85 the approved celebrant or, as the case may be, the authorised registrar is to require the intended civil partners to confirm that (to the best of their knowledge) the particulars set out in the civil partnership schedule are correct.

(1A) In the case of a religious or belief civil partnership, the parties to the civil partnership must, within 3 days of signing the civil partnership schedule in accordance with section 85(4), deliver the civil partnership schedule, or send it by post or arrange that it is delivered, to the district registrar.

(2) As soon as practicable after—

(a) in the case of a civil registration, the civil partnership schedule has been signed in accordance with section 85, or

(b) in the case of a religious or belief civil partnership, the district registrar receives the civil partnership schedule,

the district registrar must cause those particulars to be entered in a register (to be known as the “civil partnership register”) supplied to him for that purpose by the Registrar General.

(3) The form and content of any page of that register is to be prescribed.

(3ZA) A civil partnership register may, if the Registrar General so determines, be electronic rather than paper-based.

(3A) The district registrar must not enter the particulars set out in the civil partnership schedule relating to a religious or belief civil partnership in the civil partnership register unless and until the registrar receives a duly signed civil partnership schedule in respect of that civil partnership.

(3B) Where the Registrar General is satisfied that—

(a) a civil partnership has been properly registered, and

(b) the civil partnership schedule in respect of the civil partnership has been duly signed but has been lost or destroyed,

the Registrar General may direct the district registrar to complete an exact copy of the original civil partnership schedule and, so far as practicable, to arrange for its signature by those persons who signed the original schedule.

(3C) As soon as possible after the copy schedule has been signed, the district registrar must cause the particulars as set out in it to be entered into the civil partnership register.

(4) A fee payable by the intended civil partners for their civil registration as civil partners of each other is to be prescribed.

Civil partnership with former spouse

96

(1) Where an intended civil partner has a full gender recognition certificate issued under section 5(1) of the Gender Recognition Act 2004 (c. 7) and the other intended civil partner was the other party in the proceedings in which the certificate was issued, the procedures for their registration as civil partners of each other may—

(a) if they so elect, and

(b) if each of them submits a notice under section 88(1) within 30 days after the certificate is issued,

be expedited as follows.

(2) The registration may take place on any of the 30 days immediately following—

(a) that on which the notices are submitted, or

(b) (if the two notices are not submitted on the same day) that on which the later is submitted.

(3) And accordingly there are to be disregarded—

(a) in section 90—

(i) in subsection (2)(b), the words from “being” to the end, and

(ii) subsection (3),

(b) section 91(1), and

Certificates of no impediment for Part 2 purposes

97

(1) This section applies where—

(a) two people propose to register as civil partners of each other under Chapter 1 of Part 2, and

(b) one of them (“A”) resides in Scotland but the other (“B”) resides in England or Wales.

(2) A may submit a notice of intention to register under section 88 as if A and B intended to register as civil partners in the district in which A resides.

(3) If the district registrar is satisfied (after consultation, if he considers it necessary, with the Registrar General) that there is no impediment (in terms of section 92(6)) to A registering as B’s civil partner, he must issue a certificate to A in the prescribed form that there is not known to be any such impediment.

(4) But the certificate may not be issued to A earlier than 28 days after the receipt (as entered in the civil partnership notice book) of the notice under subsection (2) unless—

(a) the circumstances are as mentioned in section 96(1), and

(b) A makes an election for the certificate to be issued as soon as possible.

(5) Any person may, at any time before a certificate is issued under subsection (3), submit to the district registrar an objection in writing to its issue.

(5A) For the purposes of subsection (5), an objection which is submitted by electronic means is to be treated as in writing if it is received in a form which is legible and capable of being used for subsequent reference.

(6) Any objection made under subsection (5) must be taken into account by the district registrar in deciding whether he is satisfied that there is no legal impediment to A registering as B’s civil partner.

Application of certain sections of 1965 Act to civil partnership register

98

(1) The following sections of the 1965 Act apply in relation to the civil partnership register as they apply in relation to the registers of births, marriages and deaths—

(a) section 34 (examination and transmission of registers),

(b) section 38(1) and (2) (search of indexes kept by Registrar General),

(d) section 44 (Register of Corrections Etc.).

(2) Section 39A of the 1965 Act (notice of registration events to third parties) applies in relation to a civil partnership as it applies in relation to a marriage.

(3) In that application, the reference in section 39A(2)(c) to the marriage having been registered in accordance with section 15 or 19 of the Marriage (Scotland) Act 1977 (c. 15) is to be read as a reference to the particulars of the formation of the civil partnership having been entered in the civil partnership register under section 95(2) of this Act.

Correction of errors in civil partnership register

99

(1) No alteration is to be made in the civil partnership register except as authorised by or under this or any other Act (“Act” including an Act of the Scottish Parliament).

(2) Any clerical error in the register or error in it of a kind prescribed may be corrected by the district registrar.

(3) The Registrar General may authorise district examiners (“district examiner” having the meaning given by section 2(1) of the 1965 Act) to correct any error in the register of a type specified by him which they discover during an examination under section 34 of the 1965 Act.

Offences

100

(1) A person (“A”) commits an offence who purports to register in Scotland as the civil partner of another person (“B”) knowing that either or both—

(a) A is already married to or in civil partnership with a person other than B, or

(b) B is already married to or in civil partnership with a person other than A.

(2) A person commits an offence who knowingly—

(a) falsifies or forges any civil partnership document (that is to say, any document issued or made, or purporting to be issued or made, or required, under this Part),

(b) uses, or gives or sends to any person as genuine, any false or forged civil partnership document,

(c) being an approved celebrant or, as the case may be, an authorised registrar, purports to register two people as civil partners of each other before any civil partnership schedule available to him at the time of registration has been duly completed,

(d) not being an approved celebrant or, as the case may be, an authorised registrar, conducts himself in such a way as to lead intended civil partners to believe that he is authorised to register them as civil partners of each other,

(e) being an approved celebrant or, as the case may be, an authorised registrar, purports to register two people as civil partners of each other without both of them being present, or

(f) being an authorised registrar, purports to register two people as civil partners of each other in a place other than in accordance with section 93.

(3) A person guilty of an offence under subsection (1) or (2) is liable—

(a) on conviction on indictment, to imprisonment for a term not exceeding 2 years or to a fine (or both);

(b) on summary conviction, to imprisonment for a term not exceeding 3 months or to a fine not exceeding the statutory maximum (or both).

(3A) A person commits an offence if the person—

(a) registers a civil partnership in an area or place in which by virtue of section 94B(4)(b) the person is not permitted to register a civil partnership,

(b) registers a civil partnership in contravention of section 94C(7),

(i) if authorised under subsection (1)(a) of that section, registers a civil partnership not specified in the authorisation,

(ii) if authorised under subsection (1)(b) of that section, registers a civil partnership outwith the period specified in the authorisation,

(iii) in either case, registers a civil partnership otherwise than in accordance with such terms and conditions as may be specified in the authorisation,

(d) being a party to a civil partnership, fails to comply with a notice served under section 95ZA(2).

(3B) A person guilty of an offence under subsection (3A) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(4) Summary proceedings for an offence under subsection (1), (2) or (3A) may be commenced at any time within 3 months after evidence sufficient in the opinion of the Lord Advocate to justify the proceedings comes to his knowledge or within 12 months after the offence is committed (whichever period last expires).

(5) Subsection (3) of section 136 of the Criminal Procedure (Scotland) Act 1995 (c. 46) (time limits) has effect for the purposes of this section as it has for the purposes of that section.

Chapter 3 — Occupancy rights and tenancies

Occupancy rights

101

(1) Where, apart from the provisions of this Chapter, one civil partner in a civil partnership is entitled, or permitted by a third party, to occupy a family home of the civil partnership (that civil partner being referred in this Chapter as an “entitled partner”) and the other civil partner is not so entitled or permitted (a “non-entitled partner”), the non-entitled partner has, subject to the provisions of this Chapter, the following rights—

(a) if in occupation, a right to continue to occupy the family home;

(b) if not in occupation, a right to enter into and occupy the family home.

(2) The rights conferred by subsection (1) to continue to occupy or, as the case may be, to enter and occupy the family home include, without prejudice to their generality, the right to do so together with any child of the family.

(3) In subsection (1), an “entitled partner” includes a civil partner who is entitled, or permitted by a third party, to occupy the family home along with an individual who is not the other civil partner only if that individual has waived a right of occupation in favour of the civil partner so entitled or permitted.

(4) If the entitled partner refuses to allow the non-entitled partner to exercise the right conferred by subsection (1)(b), the non-entitled partner may exercise that right only with the leave of the Court of Session or the sheriff under section 103(3) or (4).

(5) A non-entitled partner may renounce in writing the rights mentioned in paragraphs (a) and (b) of subsection (1) only—

(a) in a particular family home, or

(b) in a particular property which it is intended by the civil partners will become their family home.

(6) A renunciation under subsection (5) has effect only if, at the time of making the renunciation, the non-entitled partner swears or affirms before a notary public that it is made freely and without coercion of any kind.

(6A) Subject to subsection (5), if—

(a) there has been no cohabitation between an entitled partner and a non-entitled partner during a continuous period of two years, and

(b) during that period the non-entitled partner has not occupied the family home,

the non-entitled partner shall, on the expiry of that period, cease to have occupancy rights in the family home.

(6B) A non-entitled partner who has ceased to have occupancy rights by virtue of subsection (6A) may not apply to the court for an order under section 103(1).

(7) In this Part—

“child of the family” means any child or grandchild of either civil partner, and any person who has been brought up or treated by either civil partner as if the person were a child of that partner, whatever the age of such a child, grandchild or person, and

“family” means the civil partners in the civil partnership, together with any child , grandchild or person so treated by them.

(8) In subsection (6), “notary public” includes any person duly authorised, by the law of the country other than Scotland in which the swearing or affirmation takes place, to administer oaths or receive affirmations in that other country.

Occupancy: subsidiary and consequential rights

102

(1) For the purpose of securing the occupancy rights of a non-entitled partner, that partner is, in relation to a family home, entitled without the consent of the entitled partner—

(a) to make any payment due by the entitled partner in respect of rent, rates, secured loan instalments, interest or other outgoings (not being outgoings on repairs or improvements);

(b) to perform any other obligation incumbent on the entitled partner (not being an obligation in respect of non-essential repairs or improvements);

(c) to enforce performance of an obligation by a third party which that third party has undertaken to the entitled partner to the extent that the entitled partner may enforce such performance;

(d) to carry out such essential repairs as the entitled partner may carry out;

(e) to carry out such non-essential repairs or improvements as may be authorised by an order of the court, being such repairs or improvements as the entitled partner may carry out and which the court considers to be appropriate for the reasonable enjoyment of the occupancy rights;

(f) to take such other steps, for the purpose of protecting the occupancy rights of the non-entitled partner, as the entitled partner may take to protect the occupancy rights of the entitled partner.

(2) Any payment made under subsection (1)(a) or any obligation performed under subsection (1)(b) has effect in relation to the rights of a third party as if the payment were made or the obligation were performed by the entitled partner; and the performance of an obligation which has been enforced under subsection (1)(c) has effect as if it had been enforced by the entitled partner.

(3) Where there is an entitled and a non-entitled partner, the court, on the application of either of them, may, having regard in particular to the respective financial circumstances of the partners, make an order apportioning expenditure incurred or to be incurred by either partner—

(a) without the consent of the other partner, on any of the items mentioned in paragraphs (a) and (d) of subsection (1);

(b) with the consent of the other partner, on anything relating to a family home.

(4) Where both partners are entitled, or permitted by a third party, to occupy a family home—

(a) either partner is entitled, without the consent of the other partner, to carry out such non-essential repairs or improvements as may be authorised by an order of the court, being such repairs or improvements as the court considers to be appropriate for the reasonable enjoyment of the occupancy rights;

(b) the court, on the application of either partner, may, having regard in particular to the respective financial circumstances of the partners, make an order apportioning expenditure incurred or to be incurred by either partner, with or without the consent of the other partner, on anything relating to the family home.

(5) Where one partner (“A”) owns or hires, or is acquiring under a hire-purchase or conditional sale agreement, furniture and plenishings in a family home—

(a) the other partner may, without the consent of A—

(i) make any payment due by A which is necessary, or take any other step which A is entitled to take, to secure the possession or use of any such furniture and plenishings (and any such payment is to have effect in relation to the rights of a third party as if it were made by A), or

(ii) carry out such essential repairs to the furniture and plenishings as A is entitled to carry out;

(b) the court, on the application of either partner, may, having regard in particular to the respective financial circumstances of the partners, make an order apportioning expenditure incurred or to be incurred by either partner—

(i) without the consent of the other partner, in making payments under a hire, hire-purchase or conditional sale agreement, or in paying interest charges in respect of the furniture and plenishings, or in carrying out essential repairs to the furniture and plenishings, or

(ii) with the consent of the other partner, on anything relating to the furniture or plenishings.

(6) An order under subsection (3), (4)(b) or (5)(b) may require one partner to make a payment to the other partner in implementation of the apportionment.

(7) Any application under subsection (3), (4)(b) or (5)(b) is to be made within 5 years after the date on which any payment in respect of such incurred expenditure was made.

(8) Where—

(a) the entitled partner is a tenant of a family home,

(b) possession of it is necessary in order to continue the tenancy, and

the tenancy is continued by such possession by the non-entitled partner.

(8A) In subsection (1)(a), “secured loan” includes secured obligation (construed in accordance with section 43 (1) of the Moveable Transactions (Scotland) Act 2023).

(9) In this section “improvements” includes alterations and enlargement.

Regulation by court of rights of occupancy of family home

103

(1) Subject to section 101(6A), Where there is an entitled and a non-entitled partner, or where both partners are entitled, or permitted by a third party, to occupy a family home, either partner may apply to the court for an order—

(a) declaring the occupancy rights of the applicant partner;

(b) enforcing the occupancy rights of the applicant partner;

(d) regulating the exercise by either partner of his or her occupancy rights;

(e) protecting the occupancy rights of the applicant partner in relation to the other partner.

(2) Where one partner owns or hires, or is acquiring under a hire-purchase or conditional sale agreement, furniture and plenishings in a family home and the other partner has occupancy rights in that home, that other person may apply to the court for an order granting to the applicant the possession or use in the family home of any such furniture and plenishings; but, subject to section 102, an order under this subsection does not prejudice the rights of any third party in relation to the non-performance of any obligation under such hire-purchase or conditional sale agreement or the rights of any secured creditor in relation to the non-performance of a secured obligation.

(3) The court is to grant an application under subsection (1)(a) if it appears to the court that the application relates to a family home; and, on an application under any of paragraphs (b) to (e) of subsection (1) or under subsection (2), the court may make such order relating to the application as appears to it to be just and reasonable having regard to all the circumstances of the case including—

(a) the conduct of the partners, whether in relation to each other or otherwise,

(b) the respective needs and financial resources of the partners,

(d) the extent (if any) to which—

(i) the family home, and

(ii) in relation only to an order under subsection (2), any item of furniture and plenishings referred to in that subsection, is used in connection with a trade, business or profession of either partner, and

(e) whether the entitled partner offers or has offered to make available to the non-entitled partner any suitable alternative accommodation.

(4) Pending the making of an order under subsection (3), the court, on the application of either partner, may make such interim order as it considers necessary or expedient in relation to—

(a) the residence of either partner in the home to which the application relates,

(b) the personal effects of either partner or of any child of the family, or

but an interim order may be made only if the non-applicant partner has been afforded an opportunity of being heard by or represented before the court.

(5) The court is not to make an order under subsection (3) or (4) if it appears that the effect of the order would be to exclude the non-applicant partner from the family home.

(6) If the court makes an order under subsection (3) or (4) which requires the delivery to one partner of anything which has been left in or removed from the family home, it may also grant a warrant authorising a messenger-at-arms or sheriff officer to enter the family home or other premises occupied by the other partner and to search for and take possession of the thing required to be delivered, (if need be by opening shut and lockfast places) and to deliver the thing in accordance with the order.

(7) A warrant granted under subsection (6) is to be executed only after expiry of such period as the court is to specify in the order for delivery.

(8) Where it appears to the court—

(a) on the application of a non-entitled partner, that the applicant has suffered a loss of occupancy rights or that the quality of the applicant’s occupation of a family home has been impaired, or

(b) on the application of a partner who has been given the possession or use of furniture and plenishings by virtue of an order under subsection (3), that the applicant has suffered a loss of such possession or use or that the quality of the applicant’s possession or use of the furniture and plenishings has been impaired,

in consequence of any act or default on the part of the other partner which was intended to result in such loss or impairment, it may order that other partner to pay to the applicant such compensation as it considers just and reasonable in respect of that loss or impairment.

(9) A partner may renounce in writing the right to apply under subsection (2) for the possession or use of any item of furniture and plenishings.

(10) In subsection (2)—

“secured creditor” has the meaning given by section 113 (1) of the Moveable Transactions (Scotland) Act 2023, and

“secured obligation” is to be construed in accordance with section 43 (1) of the Moveable Transactions (Scotland) Act 2023.

Exclusion orders

104

(1) Where there is an entitled and non-entitled partner, or where both partners are entitled, or permitted by a third party, to occupy a family home, either partner, whether or not that partner is in occupation at the time of the application, may apply to the court for an order (in this Chapter referred to as “an exclusion order”) suspending the occupancy rights of the other partner (“the non-applicant partner”) in a family home.

(2) Subject to subsection (3), the court is to make an exclusion order if it appears to it that to do so is necessary for the protection of the applicant or any child of the family from any conduct, or threatened or reasonably apprehended conduct, of the non-applicant partner which is or would be injurious to the physical or mental health of the applicant or child.

(3) The court is not to make an exclusion order if it appears to it that to do so would be unjustified or unreasonable—

(a) having regard to all the circumstances of the case including the matters specified in paragraphs (a) to (e) of section 103(3), and

(b) where the family home—

(i) is, or is part of, an agricultural holding within the meaning of section 1 of the Agricultural Holdings (Scotland) Act 1991 (c. 55), or

(ii) is let, or is a home in respect of which possession is given, to the non-applicant partner or to both partners by an employer as an incident of employment,

having regard to any requirement that the non-applicant partner, or, as the case may be, both partners must reside in the family home and to the likely consequences of the exclusion of the non-applicant partner from the family home.

(4) In making an exclusion order the court is, on the application of the applicant partner—

(a) to grant a warrant for the summary ejection of the non-applicant partner from the family home unless the non-applicant partner satisfies the court that it is unnecessary for it to grant such a remedy,

(b) to grant an interdict prohibiting the non-applicant partner from entering the family home without the express permission of the applicant, and

(c) to grant an interdict prohibiting the removal by the non-applicant partner, except with the written consent of the applicant or by a further order of the court, of any furniture and plenishings in the family home unless the non-applicant partner satisfies the court that it is unnecessary for it to grant such a remedy.

(5) In making an exclusion order the court may—

(a) grant an interdict prohibiting the non-applicant partner from entering or remaining in a specified area in the vicinity of the family home;

(b) where the warrant for the summary ejection of the non-applicant partner has been granted in that partner’s absence, give directions as to the preservation of that partner’s goods and effects which remain in the family home;

(c) on the application of either partner, make the exclusion order or the warrant or interdict mentioned in paragraph (a), (b) or (c) of subsection (4) or paragraph (a) of this subsection subject to such terms and conditions as the court may prescribe;

(d) on the application of either partner, make such other order as it considers necessary for the proper enforcement of an order made under subsection (4) or paragraph (a), (b) or (c).

(6) Pending the making of an exclusion order, the court may, on the application of the applicant partner, make an interim order suspending the occupancy rights of the non-applicant partner in the family home to which the application for the exclusion order relates; and subsections (4) and (5) apply to such an interim order as they apply to an exclusion order.

(7) But an interim order may be made only if the non-applicant partner has been afforded an opportunity of being heard by or represented before the court.

(8) Without prejudice to subsections (1) and (6), where both partners are entitled, or permitted by a third party, to occupy a family home, it is incompetent for one partner to bring an action of ejection from the family home against the other partner.

Duration of orders under sections 103 and 104

105

(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.

Continued exercise of occupancy rights after dealing

106

(1) Subject to subsection (3)—

(a) the continued exercise of the rights conferred on a non-entitled partner by the provisions of this Chapter in respect of a family home are not prejudiced by reason only of any dealing of the entitled partner relating to that home, and

(b) a third party is not by reason only of such a dealing entitled to occupy that home or any part of it.

(1A) The occupancy rights of a non-entitled partner in relation to a family home shall not be exercisable in relation to the home where, following a dealing of the entitled partner relating to the home—

(a) a person acquires the home, or an interest in it, in good faith and for value from a person other than the person who is or, as the case may be, was the entitled partner, or

(b) a person derives title to the home from a person who acquired title as mentioned in paragraph (a).

(2) In this section and section 107—

“dealing” includes the grant of a heritable security , the grant of a statutory pledge and the creation of a trust but does not include a conveyance under section 80 of the Lands Clauses Consolidation Act 1845 (c. 18);

“entitled partner” does not include a civil partner who, apart from the provisions of this Chapter—is permitted by a third party to occupy a family home, oris entitled to occupy a family home along with an individual who is not the other civil partner whether or not that individual has waived a right of occupation in favour of the civil partner so entitled,(“non-entitled partner” being construed accordingly).

(3) This section does not apply in any case where—

(a) the non-entitled partner in writing either—

(i) consents or has consented to the dealing (any consent being in such form as the Scottish Ministers may, by regulations made by statutory instrument, prescribe), or

(ii) renounces or has renounced occupancy rights in relation to the family home or property to which the dealing relates,

(b) the court has made an order under section 107 dispensing with the consent of the non-entitled partner to the dealing,

(c) the dealing occurred, or implements a binding obligation entered into by the entitled partner, before the registration of the civil partnership,

(d) the dealing occurred, or implements a binding obligation entered into, before the commencement of this section,

(e) the dealing comprises a transfer for value to a third party who has acted in good faith, if there is produced to the third party by the transferor—

(i) a written declaration signed by the transferor, or a person acting on behalf of the transferor under a power of attorney or as a guardian (within the meaning of the Adults with Incapacity (Scotland) Act 2000 (asp 4)), that the subjects of the transfer are not, or were not at the time of the dealing, a family home in relation to which a civil partner of the transferor has or had occupancy rights, or

(ii) a renunciation of occupancy rights or consent to the dealing which bears to have been properly made or given by the non-entitled partner or a person acting on behalf of the non-entitled partner under a power of attorney or as a guardian (within the meaning of the Adults with Incapacity (Scotland) Act 2000 (asp 4)).

(f) the entitled partner has permanently ceased to be entitled to occupy the family home, and at any time after that a continuous period of 2 years has elapsed during which the non-entitled partner has not occupied the family home.

(4) For the purposes of subsection (3)(e), the time of the dealing, in the case of the sale of an interest in heritable property, is the date of delivery to the purchaser of the deed transferring title to that interest.

107

(1) Subject to subsections (1A) and (1C), The court may, on the application of an entitled partner or any other person having an interest, make an order dispensing with the consent of a non-entitled partner to a dealing which has taken place or a proposed dealing, if—

(a) such consent is unreasonably withheld,

(b) such consent cannot be given by reason of physical or mental disability, or

(1A) Subsection (1B) applies if, in relation to a proposed sale—

(a) negotiations with a third party have not begun, or

(b) negotiations have begun but a price has not been agreed.

(1B) An order under subsection (1) dispensing with consent may be made only if—

(a) the price agreed for the sale is no less than such amount as the court specifies in the order, and

(b) the contract for the sale is concluded before the expiry of such period as may be so specified.

(1C) Subsection (1D) applies if the proposed dealing is the grant of a heritable security.

(1D) An order under subsection (1) dispensing with consent may be made only if—

(a) the heritable security is granted for a loan of no more than such amount as the court specifies in the order, and

(b) the security is executed before the expiry of such period as may be so specified.

(2) For the purposes of subsection (1)(a), a non-entitled partner has unreasonably withheld consent to a dealing which has taken place or a proposed dealing, where it appears to the court either—

(a) that the non-entitled partner—

(i) has led the entitled partner to believe that the non-entitled partner would consent to the dealing, and

(ii) would not be prejudiced by any change in the circumstances of the case since the conduct which gave rise to that belief occurred, or

(b) that the entitled partner has, having taken all reasonable steps to do so, been unable to obtain an answer to a request for consent.

(3) The court, in considering whether to make an order under subsection (1), is to have regard to all the circumstances of the case including the matters specified in paragraphs (a) to (e) of section 103(3).

(3A) If the court refuses an application for an order under subsection (1), it may make an order requiring a non-entitled partner who is or becomes the occupier of the family home—

(a) to make such payments to the owner of the home in respect of that partner's occupation of it as may be specified in the order,

(b) to comply with such other conditions relating to that partner's occupation of the family home as may be so specified.

(4) Where—

(a) an application is made for an order under this section, and

(b) an action is or has been raised by a non-entitled partner to enforce occupancy rights,

the action is to be sisted until the conclusion of the proceedings on the application.

Interests of heritable creditors

108

(1) The rights of a third party with an interest in the family home as a creditor under a secured loan in relation to the non-performance of any obligation under the loan are not prejudiced by reason only of the occupancy rights of the non-entitled partner; but where a non-entitled partner has or obtains occupation of a family home and—

(a) the entitled partner is not in occupation, and

(b) there is a third party with such an interest in the family home,

the court may, on the application of the third party, make an order requiring the non-entitled partner to make any payment due by the entitled partner in respect of the loan.

(2) This section does not apply to secured loans in respect of which the security was granted prior to the commencement of section 13 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73) unless the third party in granting the secured loan acted in good faith and there was produced to the third party by the entitled partner—

(a) a written declaration signed by the entitled partner declaring that there is no non-entitled partner, or

(b) a renunciation of occupancy rights or consent to the taking of the loan which bears to have been properly made or given by the non-entitled partner.

(3) This section does not apply to secured loans in respect of which the security was granted after the commencement of section 13 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73) unless the third party in granting the secured loan acted in good faith and there was produced to the third party by the grantor—

(a) a written declaration signed by the grantor declaring that the security subjects are not or were not at the time of the granting of the security a family home in relation to which a civil partner of the grantor has or had occupancy rights, or

(b) a renunciation of occupancy rights or consent to the granting of the security which bears to have been properly made or given by the non-entitled partner.

(4) For the purposes of subsections (2) and (3), the time of granting a security, in the case of a heritable security, is the date of delivery of the deed creating the security.

(5) For the purposes of subsection (3), the time of granting a security, in the case of a statutory pledge, is—

(a) the date of delivery of the constitutive document of the statutory pledge, or

(b) where the statutory pledge is granted in an amendment document, the date of delivery of that document.

Provisions where both civil partners have title

109

(1) Subject to subsection (2), where, apart from the provisions of this Chapter, both civil partners are entitled to occupy a family home—

(a) the rights in that home of one civil partner are not prejudiced by reason only of any dealing of the other civil partner, and

(b) a third party is not by reason only of such a dealing entitled to occupy that home or any part of it.

(2) Sections 106(3) and 107 and the definition of “dealing” in section 106(2) apply for the purposes of subsection (1) as they apply for the purposes of section 106(1) but subject to the following modifications—

(a) any reference to the entitled partner and to the non-entitled partner is to be construed as a reference to a civil partner who has entered into, or as the case may be proposes to enter into, a dealing and to the other civil partner respectively, and

(b) in paragraph (b) of section 107(4) the reference to occupancy rights is to be construed as a reference to any rights in the family home.

Rights of occupancy in relation to division and sale

110

Where a civil partner brings an action for the division and sale of a family home owned in common with the other civil partner, the court, after having regard to all the circumstances of the case including—

(a) the matters specified in paragraphs (a) to (d) of section 103(3), and

(b) whether the civil partner bringing the action offers or has offered to make available to the other civil partner any suitable alternative accommodation,

may refuse to grant decree in that action or may postpone the granting of decree for such period as it considers reasonable in the circumstances or may grant decree subject to such conditions as it may prescribe.

Adjudication

111

(1) Where a family home as regards which there is an entitled partner and a non-entitled partner is adjudged, the Court of Session, on the application of the non-entitled partner made within 40 days after the date of the decree of adjudication, may—

(a) order the reduction of the decree, or

(b) make such order as it thinks appropriate to protect the occupancy rights of the non-entitled partner,

if satisfied that the purpose of the diligence was wholly or mainly to defeat the occupancy rights of the non-entitled partner.

(2) Section 106(2) applies in construing “entitled partner” and “non-entitled partner” for the purposes of subsection (1).

Transfer of tenancy

112

(1) The court may, on the application of a non-entitled partner, make an order transferring the tenancy of a family home to that partner and providing, subject to subsection (12), for the payment by the non-entitled partner to the entitled partner of such compensation as seems to it to be just and reasonable in all the circumstances of the case.

(2) In an action—

(a) for dissolution of a civil partnership, the Court of Session or the sheriff,

(b) for declarator of nullity of a civil partnership, the Court of Session,

may, on granting decree or within such period as the court may specify on granting decree, make an order granting an application under subsection (1).

(3) In determining whether to grant an application under subsection (1), the court is to have regard to all the circumstances of the case including the matters specified in paragraphs (a) to (e) of section 103(3) and the suitability of the applicant to become the tenant and the applicant’s capacity to perform the obligations under the lease of the family home.

(4) The non-entitled partner is to serve a copy of an application under subsection (1) on the landlord and, before making an order under subsection (1), the court is to give the landlord an opportunity of being heard by it.

(5) On the making of an order granting an application under subsection (1), the tenancy vests in the non-entitled partner without intimation to the landlord, subject to all the liabilities under the lease (other than liability for any arrears of rent for the period before the making of the order).

(6) The arrears mentioned in subsection (5) are to remain the liability of the original entitled partner.

(7) The clerk of court is to notify the landlord of the making of an order granting an application under subsection (1).

(8) It is not competent for a non-entitled partner to apply for an order under subsection (1) where the family home—

(a) is let to the entitled partner by the entitled partner’s employer as an incident of employment, and the lease is subject to a requirement that the entitled partner must reside there,

(b) is or is part of an agricultural holding,

(i) a croft,

(ii) the subject of a cottar, or

(iii) the holding of a landholder or of a statutory small tenant,

(d) is let on a long lease, or

(e) is part of the tenancy land of a tenant-at-will.

(9) In subsection (8)—

“agricultural holding” has the same meaning as in section 1 of the Agricultural Holdings (Scotland) Act 1991 (c. 55),

“cottar” has the same meaning as in section 12(5) of the Crofters (Scotland) Act 1993 (c. 44),

“croft” has the same meaning as in that Act of 1993,

“holding”, in relation to a landholder and a statutory small tenant, “landholder” and “statutory small tenant” have the same meanings respectively as in sections 2(1), 2(2) and 32(1) of the Small Landholders (Scotland) Act 1911 (c. 49),

“long lease” has the same meaning as in section 9(2) of the Land Registration etc. (Scotland) Act 2012 (asp 5), and

“tenant-at-will” has the same meaning as in section 20(8) of that Act of 1979.

(10) Where both civil partners are joint or common tenants of a family home, the court may, on the application of one of the civil partners, make an order vesting the tenancy in that civil partner solely and providing, subject to subsection (12), for the payment by the applicant to the other partner of such compensation as seems just and reasonable in the circumstances of the case.

(11) Subsections (2) to (9) apply for the purposes of an order under subsection (10) as they apply for the purposes of an order under subsection (1) but subject to the following modifications—

(a) in subsection (3), for “tenant” there is substituted “ sole tenant ”;

(b) in subsection (4), for “non-entitled” there is substituted “ applicant ”;

(d) in subsection (6), for “liability of the original entitled partner” there is substituted “ joint and several liability of both partners ”;

(e) in subsection (8)—

(i) for “a non-entitled” there is substituted “ an applicant ”,

(ii) for paragraph (a) there is substituted—

(a) is let to both partners by their employer as an incident of employment, and the lease is subject to a requirement that both partners must reside there;

, and

(iii) paragraphs (c) and (e) are omitted.

(12) Where the family home is a Scottish secure tenancy within the meaning of the Housing (Scotland) Act 2001 (asp 10), no account is to be taken, in assessing the amount of any compensation to be awarded under subsection (1) or (10), of the loss, by virtue of the transfer of the tenancy of the home, of a right to purchase the home under Part 3 of the Housing (Scotland) Act 1987 (c. 26).

Chapter 4 — Interdicts

Civil partners: competency of interdict

113

(1) It shall not be incompetent for the Court of Session or the sheriff to entertain an application by one civil partner in a civil partnership for a relevant interdict by reason only that the civil partners are living together in civil partnership.

(2) In subsection (1) . . . , “relevant interdict” means an interdict, including an interim interdict, which—

(a) restrains or prohibits any conduct of one civil partner towards the other civil partner or a child of the family, or

(b) subject to subsection (3), prohibits a civil partner from entering or remaining in—

(i) a family home,

(ii) any other residence occupied by the applicant civil partner,

(iii) any place of work of the applicant civil partner,

(iv) any school attended by a child in the permanent or temporary care of the applicant civil partner

(3) Subsection (4) applies if in relation to a family home the non-applicant civil partner—

(a) is an entitled partner, or

(b) has occupancy rights.

(4) Except where subsection (5) applies, the court may not grant a relevant interdict prohibiting the non-applicant civil partner from entering or remaining in the family home.

(5) This subsection applies if—

(a) the interdict is ancillary to an exclusion order, or

(b) by virtue of section 101(4), the court refuses leave to exercise occupancy rights.

(6) In this section . . . , “applicant civil partner” means the civil partner who has applied for the interdict; and “non-applicant civil partner” is to be construed accordingly.

Attachment of powers of arrest to relevant interdicts

114

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Police powers after arrest

115

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Procedure after arrest

116

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Chapter 5 — Dissolution, separation and nullity

Dissolution and separation

Dissolution

117

(1) An action for the dissolution of a civil partnership may be brought in the Court of Session or in the sheriff court.

(2) In such an action the court may grant decree, if, but only if, it is established that—

(a) the civil partnership has broken down irretrievably, or

(b) subject to subsection (3A), an interim gender recognition certificate under the Gender Recognition Act 2004 (c. 7) has, after the date of registration of the civil partnership, been issued to either of the civil partners.

(3) The irretrievable breakdown of a civil partnership is taken to be established if—

(a) since the date of registration of the civil partnership the defender has at any time behaved (whether or not as a result of mental abnormality and whether such behaviour has been active or passive) in such a way that the pursuer cannot reasonably be expected to cohabit with the defender,

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) there has been no cohabitation between the civil partners at any time during a continuous period of one year after the date of registration of the civil partnership and immediately preceding the bringing of the action and the defender consents to the granting of decree of dissolution of the civil partnership, or

(d) there has been no cohabitation between the civil partners at any time during a continuous period of two years after that date and immediately preceding the bringing of the action.

(3A) Subsection (2)(b)—

(a) does not apply where, under the Gender Recognition Act 2004, a Gender Recognition Panel issues a full gender recognition certificate to the person to whom the interim gender recognition certificate was issued, but

(b) continues to apply despite a full gender recognition certificate being issued to that person by the sheriff under section 4E of that Act.

(4) Provision is to be made by act of sederunt—

(a) for the purpose of ensuring that, in an action to which paragraph (c) of subsection (3) relates, the defender has been given such information as enables that civil partner to understand—

(i) the consequences of consenting to the granting of decree, and

(ii) the steps which must be taken to indicate such consent, and

(b) as to the manner in which the defender in such an action is to indicate such consent, and any withdrawal of such consent,

and where the defender has indicated (and not withdrawn) such consent in the prescribed manner, that indication is sufficient evidence of such consent.

(5) Provision is to be made by act of sederunt for the purpose of ensuring that, where in an action for the dissolution of a civil partnership the defender is suffering from mental illness, the court appoints a curator ad litem to the defender.

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) In an action for dissolution of a civil partnership the standard of proof required to establish the ground of action is on balance of probability.

Encouragement of reconciliation

118

(1) At any time before granting decree in an action by virtue of paragraph (a) of section 117(2) for dissolution of a civil partnership, if it appears to the court that there is a reasonable prospect of a reconciliation between the civil partners it must continue, or further continue, the action for such period as it thinks proper to enable attempts to be made to effect such a reconciliation.

(2) If during any such continuation the civil partners cohabit with one another, no account is to be taken of such cohabitation for the purposes of that action.

Effect of resumption of cohabitation

119

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) In considering whether any period mentioned in paragraph . . . , (c) or (d) of section 117(3) has been continuous, no account is to be taken of any period or periods not exceeding 6 months in all during which the civil partners cohabited with one another; but no such period or periods during which the civil partners cohabited with one another is to count as part of the period of non-cohabitation required by any of those paragraphs.

Separation

120

(1) An action for the separation of the civil partners in a civil partnership may be brought in the Court of Session or in the sheriff court.

(2) In such an action the court may grant decree if satisfied that the circumstances set out in any of paragraphs (a) to (d) of section 117(3) are established.

Dissolution following on decree of separation

121

(1) The court may grant decree in an action for the dissolution of a civil partnership even though decree of separation has previously been granted to the pursuer on the same, or substantially the same, facts as those averred in support of that action; and in any such action the court may treat an extract decree of separation lodged in process as sufficient proof of the facts under which that decree was granted.

(2) Nothing in this section entitles a court to grant decree of dissolution of a civil partnership without receiving evidence from the pursuer.

Registration of dissolution of civil partnership

122

(1) The Registrar General is to maintain at the General Register Office a register of decrees of dissolution and of declarator of nullity of civil partnership (a register which shall be known as the “Register of Dissolutions of Civil Partnership”).

(2) The Registrar General is to cause to be made and kept at the General Register Office an alphabetical index of the entries in that register.

(3) The register is to be in such form as may be prescribed.

(4) On payment to him of such fee or fees as may be prescribed, the Registrar General must, at any time when the General Register Office is open for that purpose—

(a) cause a search of the index to be made on behalf of any person or permit any person to search the index himself,

(b) issue to any person an extract of any entry in the register which that person may require.

(5) An extract of any entry in the register is to be sufficient evidence of the decree of dissolution or, as the case may be, of the declarator of nullity of civil partnership to which it relates.

(6) The Registrar General may—

(a) delete,

(b) amend, or

any entry in the register.

(7) Section 39C of the 1965 Act applies in relation to the Register of Dissolutions of Civil Partnership as it applies in relation to the Register of Divorces.

Nullity

123

(1) Where two people register in Scotland as civil partners of each other, the civil partnership is void if, and only if—

(a) they were not eligible to do so, . . .

(b) though they were so eligible, either of them did not . . . consent to its formation , or.

(c) at the time of registration one of them who was capable of consenting to the formation of the civil partnership purported to give consent but did so by reason only of duress or error.

(2) In this section “error” means—

(a) error as to the nature of civil partnership, or

(b) a mistaken belief held by a person (“A”) that the other person with whom A purported to register a civil partnership was the person with whom A had agreed to register a civil partnership.

Validity of civil partnerships registered outside Scotland

124

(1) Where two people register as civil partners of each other in England and Wales—

(a) the civil partnership is void if it would be void in England and Wales under section 49, and

(b) the civil partnership is voidable if it would be voidable there under section 50(1)(a), (b), (c) or (e).

(2) Where two people register as civil partners of each other in Northern Ireland, the civil partnership is—

(a) void, if it would be void in Northern Ireland under section 173, and

(b) voidable, if it would be voidable there under section 174(1)(a), (b), (c) or (e).

(3) Subsection (4) applies where two people register as civil partners of each other under an Order in Council under—

(a) section 210 (registration at British consulates etc.), or

(b) section 211 (registration by armed forces personnel),

(“the relevant section”).

(4) The civil partnership is—

(a) void, if—

(i) the condition in subsection (2)(a) or (b) of the relevant section is not met, or

(ii) a requirement prescribed for the purposes of this paragraph by an Order in Council under the relevant section is not complied with, and

(b) voidable, if—

(i) the appropriate part of the United Kingdom is England and Wales and the circumstances fall within section 50(1)(a), (b), (c) or (e), or

(ii) the appropriate part of the United Kingdom is Northern Ireland and the circumstances fall within section 174(1)(a), (b), (c) or (e).

(5) The appropriate part of the United Kingdom is the part by reference to which the condition in subsection (2)(b) of the relevant section is met.

(6) Subsections (7) and (8) apply where two people have registered an apparent or alleged overseas relationship.

(7) The civil partnership is void if—

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Civil Partnership Act 2004

Chapter 5 — Children

Parental responsibility, children of the family and relatives

75

Guardianship

76

Entitlement to apply for residence or contact order

77

Financial provision for children

78

Adoption

79

Chapter 6 — Miscellaneous

False statements etc. with reference to civil partnerships

80

Housing and tenancies

81

Family homes and domestic violence

82

Fatal accidents claims

83

Evidence

84

Part 3 — Civil partnership: Scotland

Chapter 1 — Formation and eligibility

Formation of civil partnership by registration

85

Eligibility

86

Chapter 2 — Registration

Appointment of authorised registrars

87

Notice of proposed civil partnership

88

Civil partnership notice book

89

Publicisation

90

Early registration

91

Objections to registration

92

Place of registration

93

The civil partnership schedule

94

Further provision as to registration

95

Civil partnership with former spouse

96

Certificates of no impediment for Part 2 purposes

97

Application of certain sections of 1965 Act to civil partnership register

98

Correction of errors in civil partnership register

99

Offences

100

Chapter 3 — Occupancy rights and tenancies

Occupancy rights

Occupancy rights

101

Occupancy: subsidiary and consequential rights

102

Regulation by court of rights of occupancy of family home

103

Exclusion orders

104

Duration of orders under sections 103 and 104

105

Continued exercise of occupancy rights after dealing

106

Dispensation with civil partner’s consent to dealing

107

Interests of heritable creditors

108

Provisions where both civil partners have title

109

Rights of occupancy in relation to division and sale

110