Part 3

Civil partnership: Scotland
Chapter 4

Interdicts

Civil partners: competency of interdict
113
1
It shall not be incompetent for the Court of Session or the sheriff to entertain an application by one civil partner in a civil partnership for a relevant interdict by reason only that the civil partners are living together in civil partnership.
2
In subsection (1) . . . , “relevant interdict” means an interdict, including an interim interdict, which—
a
restrains or prohibits any conduct of one civil partner towards the other civil partner or a child of the family, or
b
subject to subsection (3), prohibits a civil partner from entering or remaining in—
i
a family home,
ii
any other residence occupied by the applicant civil partner,
iii
any place of work of the applicant civil partner,
iv
any school attended by a child in the permanent or temporary care of the applicant civil partner
3
Subsection (4) applies if in relation to a family home the non-applicant civil partner—
a
is an entitled partner, or
b
has occupancy rights.
4
Except where subsection (5) applies, the court may not grant a relevant interdict prohibiting the non-applicant civil partner from entering or remaining in the family home.
5
This subsection applies if—
a
the interdict is ancillary to an exclusion order, or
b
by virtue of section 101(4), the court refuses leave to exercise occupancy rights.
6
In this section
. . . , “
applicant civil partner
” means the civil partner who has applied for the interdict; and “
non-applicant civil partner
” is to be construed accordingly.
Words in s. 113(2) repealed (4.5.2006) by Family Law (Scotland) Act 2006 (asp 2), ss. 45(2), 46(2), Sch. 3; S.S.I. 2006/212, art. 2 (subject to arts. 3-13)
S. 113(2)(b) substituted (4.5.2006) by Family Law (Scotland) Act 2006 (asp 2), ss. 33, 46(2), Sch. 1 para. 8(a); S.S.I. 2006/212, art. 2 (subject to arts. 3-13)
S. 113(3)-(6) inserted (4.5.2006) by Family Law (Scotland) Act 2006 (asp 2), ss. 33, 46(2), Sch. 1 para. 8(b); S.S.I. 2006/212, art. 2 (subject to arts. 3-13)
Words in s. 113(6) repealed (30.6.2006) by The Family Law (Scotland) Act 2006 (Consequential Modifications) Order 2006 (S.S.I. 2006/384), art. 10