Valid from 14/09/2005

Part 3 SCivil partnership: Scotland

Chapter 6 SMiscellaneous and interpretation

Interpretation S

135 Interpretation of this Part S

In this Part, unless the context otherwise requires—

• “the 1965 Act” means the Registration of Births, Deaths and Marriages (Scotland) Act 1965 (c. 49);

• “authorised registrar” has the meaning given by section 87;

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

• “child of the family” has the meaning given by section 101(7);

• “civil partnership book” has the meaning given by section 89;

• “civil partnership register” has the meaning given by section 95(2);

• “civil partnership schedule” has the meaning given by section 94;

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

• “district” means a registration district as defined by section 5(1) of the 1965 Act;

• “district registrar” has the meaning given by section 7(12) of the 1965 Act;

• “entitled partner” and “non-entitled partner”, subject to sections 106(2) and 111(2), have the meanings respectively assigned to them by section 101(1);

• “exclusion order” has the meaning given by section 104(1);

• “family” has the meaning given by section 101(7);

• “family home” means any house, caravan, houseboat or other structure which has been provided or has been made available by one or both of the civil partners as, or has become, a family residence and includes any garden or other ground or building attached to, and usually occupied with, or otherwise required for the amenity or convenience of, the house, caravan, houseboat or other structure but does not include a residence provided or made available by one civil partner for that civil partner to reside in, whether with any child of the family or not, separately from the other civil partner;

• “furniture and plenishings” means any article situated in a family home of civil partners which—

  (a)

  is owned or hired by either civil partner or is being acquired by either civil partner 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 “family home”;

• “notice of proposed civil partnership” has the meaning given by section 88(1);

• “occupancy rights” means the rights conferred by section 101(1);

• “Registrar General” means the Registrar General of Births, Deaths and Marriages for Scotland;

• “registration office” means a registration office provided under section 8(1) of the 1965 Act;

• “tenant” includes—

  (a)

  a sub-tenant,

  (b)

  a statutory tenant as defined in section 3 of the Rent (Scotland) Act 1984 (c. 58), and

  (c)

  a statutory assured tenant as defined in section 16(1) of the Housing (Scotland) Act 1988 (c. 43),

  and “tenancy” is to be construed accordingly.