Commentary on Sections Schedule 19: Family homes and domestic violence: Northern Ireland Part 3 – Transitional arrangements
780.This Part provides that all references to rights of occupation and matrimonial home rights (within the meaning of the Family Law (Miscellaneous Provisions) (Northern Ireland) Order 1984 and the 1998 Order respectively) in any enactment, instrument and document shall be read, so far as is necessary for continuing the effect of the enactment, instrument or document as being or including a reference to home rights under the 1998 Order as amended by this Schedule. This Part also provides that all references to home rights before the Schedule is brought into force shall be read as including rights of occupation and matrimonial home rights without the amendments made by the Schedule. Therefore the rights conferred on civil partners by this Schedule will take effect from the date the Schedule is brought into force and are not retrospective.
781.This Part further provides that all references to a matrimonial charge (within the meaning of Article 5(1) of the 1984 Order and the 1998 Order) in any enactment, instrument or document shall be read, so far as is necessary for continuing the effect of the enactment, instrument or document as being or including a reference to a matrimonial or civil partnership charge under, or within the meaning of the 1998 Order as amended by this Schedule. This Part provides that all references to a matrimonial or civil partnership charge before the Schedule is brought into force shall be read as a matrimonial charge without the amendments made by the Schedule.