Commentary on Sections Part 3 - Civil Partnerships: Scotland.Introduction Chapter 3 – Occupancy Rights and Tenancies Section 107: Dispensation with civil partner’s consent to dealing
218.This section allows the court to dispense with the non-entitled partner’s consent to a dealing which has taken place or is proposed in certain circumstances. Subsection (1) sets out the circumstances under which this can occur. Subsection (2) defines when a non-entitled partner is to be regarded as having unreasonably withheld consent. Subsection (3) places an onus on the court to consider all the circumstances of the case in considering whether to make an order. Subsection (4) provides that where the entitled partner makes an application to the court for an order under this section and the non-entitled partner has brought proceedings in court for enforcement of occupancy rights, the non-entitled partner’s proceedings will not be decided until the conclusion of the application by the entitled partner.