Family Law (Scotland) Act 2006 (asp 2)

Matrimonial homes

8 Occupancy rights: effect of court action

After section 9 of the 1981 Act (provisions where both spouses have title) there shall be inserted—

“Reckoning of non-cohabitation periods in sections 1 and 6

9A Effect of court action under section 3, 4 or 5 on reckoning of periods in sections 1 and 6

(1) Subsection (2) applies where an application is made under section 3(1), 4(1) or 5(1) of this Act.

(2) In calculating the period of two years mentioned in section 1(7)(a) or 6(3)(f) of this Act, no account shall be taken of the period mentioned in subsection (3) below.

(3) The period is the period beginning with the date on which the application is made and—

(a) in the case of an application under section 3(1) or 4(1) of this Act, ending on the date on which—

(i) an order under section 3(3) or, as the case may be, 4(2) of this Act is made; or

(ii) the application is otherwise finally determined or abandoned;

(b) in the case of an application under section 5(1) of this Act, ending on the date on which—

(i) the order under section 3(3) or, as the case may be, 4(2) is varied or recalled; or

(ii) the application is otherwise finally determined or abandoned.”.