Family Law (Scotland) Act 2006 (asp 2)

Application of 1981 Act to cohabiting couples of same sex S

34 Application of 1981 Act to cohabiting couples of same sex S

(1) Section 18 of the 1981 Act (occupancy rights of cohabiting couples) shall be amended in accordance with subsections (2) and (3).

(2) In subsection (1)—

(a) after “wife” there shall be inserted “ or two persons of the same sex are living together as if they were civil partners ”;

(b) after “wife (”, there shall be inserted “ in either case ”; and

(c) for “man and the woman” there shall be substituted “ entitled partner and the non-entitled partner ”.

(3) In subsection (2)—

(a) for “a man and a woman” there shall be substituted “ two persons ”; and

(b) in paragraph (b), for the words from “are” to the end of that paragraph there shall be substituted “is any child—

(i) of whom they are the parents; or

(ii) who they have treated as a child of theirs.”.

Commencement Information

I1 S. 34 in force at 4.5.2006 by S.S.I. 2006/212, art. 2