Modifications etc. (not altering text)
C1Pt. III applied with modifications by Offshore Petroleum Development (Scotland) Act 1975 (c. 8), s. 1, Sch. 2 para. 1(1)-(4)
(1)This section applies where, by reason of the entitlement of one spouse (“A”) to occupy a dwelling by virtue of an interest or right to which section 27 above applies, the other spouse (“B”) acquires occupancy rights (within the meaning of the M1Matrimonial Homes (Family Protection) (Scotland) Act 1981).
(2)So long as—
(a)those occupancy rights continue;
(b)B is in occupation of the dwelling and A is not; and
(c)B is not, apart from this section, treated as occupying the dwelling by virtue of an interest or right to which that section applies,
B shall be treated for the purposes of that section as occupying the dwelling by virtue of such an interest (but not an owner’s interest within the meaning of section 28 below).
(3)References in this section to a dwelling include a reference to a substantial part of it.]
Textual Amendments
F1S. 27A inserted (25.9.1991) (subject to limitation referred to in S.I. 1991/2092, art. 4(1), Sch. 2 Pt. II) by Planning and Compensation Act 1991 (c. 34, SIF 28:2), s. 72 (with s. 84(5)); S.I. 1991/2092, art. 3
Marginal Citations