Family Law (Scotland) Act 2006

8Occupancy rights: effect of court actionS

This section has no associated Explanatory Notes

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 6S

9AEffect 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..

Commencement Information

I1S. 8 in force at 4.5.2006 by S.S.I. 2006/212, art. 2 (with art. 3)