Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010

101.

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.”.