Matrimonial Homes (Family Protection) (Scotland) Act 1981

22 Interpretation. S

F1 (1) In this Act—

• “caravan” means a caravan which is mobile or affixed to the land;

• “child of the family” includes any child or grandchild of either spouse, and any person who has been brought up or [F2 treated] by either spouse as if he or she were a child of that spouse, whatever the age of such a child, grandchild or person may be;

• “the court” means the Court of Session or the sheriff;

• “furniture and plenishings” means any article situated in a matrimonial home which—

  (a)

  is owned or hired by either spouse or is being acquired by either spouse under a hire-purchase agreement or conditional sale agreement; and

  (b)

  is reasonably necessary to enable the home to be used as a family residence,

  but does not include any vehicle, caravan or houseboat, or such other structure as is mentioned in the definition of “matrimonial home”;

• “matrimonial home” means [F3 subject to subsection (2),]any house, caravan, houseboat or other structure which has been provided or has been made available by one or both of the spouses as, or has become, a family residence and includes any garden or other ground or building F4 ... usually occupied with, or otherwise required for the amenity or convenience of, the house, caravan, houseboat or other structure; [F5 but does not include a residence provided or made available by [F6 a person for one] spouse to reside in, whether with any child of the family or not, separately from the other spouse.]

• “occupancy rights” has, subject to section 18(6) of this Act, the meaning assigned by section 1(4) of this Act;

• “the sheriff” includes the sheriff having jurisdiction in the district where the matrimonial home is situated;

• “tenant” includes sub-tenant and a statutory tenant as defined in section 3 of the [F7 Rent (Scotland) Act 1984 and a statutory assured tenant as defined in section 16(1) of the Housing (Scotland) Act 1988] and “tenancy” shall be construed accordingly;

• “entitled spouse” and “non-entitled spouse”, subject to sections 6(2) and 12(2) of this Act, have the meanings respectively assigned to them by section 1 of this Act.

[F8 (2) If—

(a) the tenancy of a matrimonial home is transferred from one spouse to the other by agreement or under any enactment; and

(b) following the transfer, the spouse to whom the tenancy was transferred occupies the home but the other spouse does not,

the home shall, on such transfer, cease to be a matrimonial home.]

Textual Amendments

F1 S. 22(1): s. 22 renumbered as s. 22(1) (4.5.2006) by Family Law (Scotland) Act 2006 (asp 2), ss. 9, 46(2); S.S.I. 2006/212, art. 2

F2 Word in s. 22 substituted (1.11.1996) by 1995 c. 36, s. 105(4), Sch. 4 para. 30 (with s. 103(1)); S.I. 1996/2203, art. 3(3), Sch.

F3 Words in s. 22(1) inserted (4.5.2006) by Family Law (Scotland) Act 2006 (asp 2), ss. 9(a)(i), 46(2); S.S.I. 2006/212, art. 2

F4 Words in s. 22(1) repealed (4.5.2006) by Family Law (Scotland) Act 2006 (asp 2), s. 46(2), Sch. 3; S.S.I. 2006/212, art. 2

F5 Words added by Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73, SIF 49:6), ss. 13(10), 60(6)

F6 Words in s. 22(1) substituted (4.5.2006) by Family Law (Scotland) Act 2006 (asp 2), ss. 9(a)(ii), 46(2); S.S.I. 2006/212, art. 2

F7 Words substituted by Housing (Scotland) Act 1988 (c. 43, SIF 61), s. 72(2), Sch. 9 para. 3

F8 S. 22(2) inserted (4.5.2006) by Family Law (Scotland) Act 2006 (asp 2), ss. 9(b), 46(2); S.S.I. 2006/212, art. 2