Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010
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Amendment of Criminal Damage Act 1991. |
101.— Section 1 of the Criminal Damage Act 1991 (as amended by the Family Law (Divorce) Act 1996 ) is amended by inserting the following subsection after subsection (3): | |
“(3A) A reference to any property belonging to another, however expressed, shall be construed as a reference to a shared home as respects an offence under section 2, 3(a) or 4(a) if— | ||
(a) the property is either a shared home or a dwelling, within the meaning of section 27 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010, in which a person who was a civil partner in a civil partnership that has been dissolved under that Act ordinarily resided with his or her former civil partner before the dissolution, and | ||
(b) the person charged— | ||
(i) is the civil partner, or was the civil partner until the dissolution of their civil partnership, of a person who resides, or is entitled to reside, in the home, and | ||
(ii) is the subject of a protection order or barring order or is excluded from the home pursuant to an order under the Domestic Violence Act 1996 as amended by Part 9 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 or another order of a court.”. |