Search Legislation

Advanced Search

The Civil Partnership Family Homes (Form of Consent) (Scotland) Regulations 2006

Help about what version

What Version

  • Latest available (Revised)
  • Original (As made)

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Scottish Statutory Instruments

2006 No. 115

CIVIL PARTNERSHIP

The Civil Partnership Family Homes (Form of Consent) (Scotland) Regulations 2006

Made

7th March 2006

Laid before the Scottish Parliament

8th March 2006

Coming into force

30th March 2006

The Scottish Ministers, in exercise of the powers conferred by sections 106(3)(a)(i) and 258(2) of the Civil Partnership Act 2004(1) hereby make the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Civil Partnership Family Homes (Form of Consent) (Scotland) Regulations 2006 and shall come into force on 30th March 2006.

Consent of non-entitled partner

2.  The consent of the non entitled partner to any dealing of the entitled partner relating to a family home shall be–

(a)where the consent is given in a deed effecting the dealing, in or as nearly as may be in the form set out in Schedule 1 to these Regulations; or

(b)where the consent is given in a separate document, in or as nearly as may be in the form set out in Schedule 2 to these Regulations.

HUGH HENRY

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

7th March 2006

Regulation 2(a)

SCHEDULE 1CONSENT TO BE INSERTED IN THE DEED EFFECTING THE DEALING

(THE FOLLOWING WORDS SHOULD BE INSERTED WHERE APPROPRIATE IN THE DEED. THE CONSENTER SHOULD SIGN AS A PARTY TO THE DEED)

…with the consent of A. B. (designation), civil partner of the said C. D. (designation), for the purposes of the Civil Partnership Act 2004…

Regulation 2(b)

SCHEDULE 2CONSENT IN A SEPARATE DOCUMENT

I, A. B. (designation), civil partner of C. D (designation), hereby consent for the purposes of the Civil Partnership Act 2004 to the undernoted dealing of the said C. D. relating to (here describe the family home or the part of it to which the dealing relates).

Dealing referred to:–

(here describe the dealing)

Explanatory Note

(This note is not part of the Regulations)

These Regulations prescribe the forms of consent to be used where a civil partner who has occupancy rights in a family home by virtue of the Civil Partnership Act 2004 is consenting to a dealing of the other civil partner relating to that home. These forms are also be used where both civil partners are entitled to occupy the family home and one civil partner is consenting to a dealing of the other civil partner relating to that home.

Schedule 1 provides the form where the consent is inserted in the document effecting the dealing, and Schedule 2 provides the form where the consent is in a separate document.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

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.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Executive Note

Executive Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2005 onwards.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources