Family Law (Scotland) Act 2006 (asp 2)

SCHEDULE 1 S Amendments of the Civil Partnership Act 2004

12 S Section 135 (interpretation of Part 3) shall become subsection (1) of that section and—

(a) in the definition of “family home”—

(i) after “means” there shall be inserted “ , subject to subsection (2), ”; and

(ii) for the words “one civil partner for that” there shall be substituted “ a person for one ”; and

(b) at the end there shall be inserted—

“(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.”.

Commencement Information

I1 Sch. 1 para. 12 in force at 4.5.2006 by S.S.I. 2006/212, art. 2