Chapter 49 - Family actions - Part XA - Causes under Chapters 3 and 4 of Part 3 of the Civil Partnership Act 2004
Interpretation of this Part
49.71A.-(1) In this Part, unless the context otherwise requires, words and expressions used in this Part which are also used in Chapters 3 and 4 of Part 3 of the CP Act of 2004 have the meaning given in those Chapters.
Forms of applications under Chapters 3 and 4 of Part 3 of the Act of 2004
49.71B. Subject to any other provision in this Chapter, an application for an order under Chapter 3 or 4 of Part 3 of the CP Act of 2004 shall be made-
(a) by an action for such an order;
(b) by a conclusion in the summons or in defences, as the case may be, in any other family action; or
(c) where the application is made by a person other than a party to an action mentioned in paragraph (a) or (b), by minute in that action.
Defenders in causes under Chapters 3 and 4 of Part 3 of the CP Act of 2004
49.71C. The applicant for an order under Chapter 3 or 4 of Part 3 of the CP Act of 2004 shall call as a defender–
(a) where he is seeking an order as a civil partner, the other civil partner; and
(b) where he is a third party making an application under section 107(1) (dispensing with the consent of non-entitled partner to a dealing), or section 108(1) (payment from non-entitled partner in respect of loan) of the CP Act of 2004, both partners.
Applications by motion under Chapters 3 and 4 of the CP Act of 2004
49.71D.-(1) An application under any of the following provisions of the CP Act of 2004 shall be made by motion–
(a) section 103(4) (interim order for regulation of rights of occupancy etc.);
(b) section 104(6) (interim order suspending occupancy rights);
(c) section 105 (variation and recall or orders regulating occupancy rights and exclusion orders).
(2) Written intimation of a motion under paragraph (1) shall be given not less than 7 days before the date on which the motion is enrolled–
(a) to the other civil partner;
(b) where the motion is under paragraph (1)(a), (b), or (c) and the entitled partner is a tenant or occupies the family home by the permission of a third party, to the landlord or third party, as the case may be, and
(c) to any other person to whom intimation of the application was or is to be made by virtue of rule 49.8(1)(m)(a) (warrant for intimation to certain persons in actions for orders under Chapters 3 and 4 of Part 3 of the CP Act of 2004) or rule 49.15 (orders for intimation by the court).
Procedure for minutes
49.71E. Where an application is made by minute under rule 49.71B(c) (form of application under Chapter 3 or 4 of Part 3 of the CP Act of 2004) by a person other than a party and answers to that minute are lodged, the minute and answers shall not be included with the other pleadings in the action in any record, but shall be made up separately in the form of a record; and rule 49.33(5)(b) and (c) (lodging etc. of records) shall apply to that record as it applies to a record under that rule.
Sist of actions to enforce occupancy rights
49.71F. Unless the court otherwise directs, the sist of an action by virtue of section 107(4) of the CP Act 2004 (where the action raised by non-entitled partner to enforce occupancy rights) shall apply only to such part of the action as relates to the enforcement of occupancy rights by a non-entitled partner.
Evidence in causes under Chapter 3 or 4 of Part 3 of the Act of 2004
49.71H.-(1) For the purposes of proof in any application for an order under Chapter 3 or 4 of the CP Act of 2004, evidence by affidavit shall be admissible in place of parole evidence.
(2) Rule 36.8 (conditions for receiving certain written statements in evidence) shall not apply in a cause to which paragraph (1) of this rule applies.
(a) Rule 49.8(1)(m) is inserted by paragraph 2(5)(f) of this Act of Sederunt.
