- Latest available (Revised)
- Original (As enacted)
This is the original version (as it was originally enacted).
8In section 113 (civil partnerships: competency of interdict)—
(a)in subsection (2), for paragraph (b) there shall be substituted—
“(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”; and
(b)after that subsection, there shall be added—
“(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 and in sections 114 to 116, “applicant civil partner” means the civil partner who has applied for the interdict; and “non-applicant civil partner” is to be construed accordingly.”.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: