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Civil Partnership Bill [HL]


Civil Partnership Bill [HL]
Schedule 28 — Consequential amendments: Scotland
Part 4 — Miscellaneous amendments

377

 

      (4)  

After subsection (5) insert—

“(5A)   

In this section “civil partner” includes a person who is living with the

patient in a relationship which has the characteristics of the

relationship between civil partners (or, if the patient is for the time

being an in-patient in a hospital, was so living until the patient was

5

admitted), and has been or had been so living for a period of not less

than 6 months; but a person shall not be treated by virtue of this

subsection as the nearest relative of a partner in a civil partnership

unless the civil partner of the patient is disregarded by virtue of

paragraph (b) of subsection (4) of this section.”

10

      (5)  

In subsection (6)(b)—

(a)   

after “married patient” insert “or of a partner in a civil partnership”,

and

(b)   

after “wife” insert “, or as the case may be the civil partner,”.

44         

In section 54 (children and young persons in care of local authority), for “or

15

wife” substitute “, wife or civil partner”.

Housing Associations Act 1985 (c. 69)

45         

In section 105 (meaning of “member of a person’s family”)—

(a)   

in subsection (1)(a), after “spouse” insert “or civil partner”, and

(b)   

in subsection (2)(a), after “a relationship by marriage” insert “or civil

20

partnership”.

Family Law Act 1986 (c. 55)

46         

In section 8 (jurisdiction of Scottish courts in independent proceedings),

after “proceedings” insert “or civil partnership proceedings”.

47         

In section 9 (habitual residence), after “proceedings” insert “or civil

25

partnership proceedings”.

48         

In section 10 (presence of child), after “proceedings” insert “or civil

partnership proceedings”.

49    (1)  

Amend section 11 (provisions supplementary to sections 9 and 10) as

follows.

30

      (2)  

In subsection (1)—

(a)   

after “proceedings” insert “or civil partnership proceedings”, and

(b)   

at the end insert “or as the case may be in respect of the civil

partnership which constitutes the family as a child of which he has

been accepted”.

35

      (3)  

In subsection (2), after “proceedings” insert “or civil partnership

proceedings”.

50    (1)  

Amend section 13 (ancillary jurisdiction) as follows.

      (2)  

In each of subsections (1) and (2), after “proceedings” insert “or civil

partnership proceedings”.

40

      (3)  

In subsection (3), after “concerned” insert “, or as the case may be for

dissolution or declarator of nullity in respect of the civil partnership

concerned,”.

      (4)  

In subsection (4)—

 

 

Civil Partnership Bill [HL]
Schedule 28 — Consequential amendments: Scotland
Part 4 — Miscellaneous amendments

378

 

(a)   

after “proceedings” (in the first place) insert “or civil partnership

proceedings”, and

(b)   

after “concerned” insert “, or as the case may be civil partnership

proceedings in respect of the civil partnership concerned,”.

      (5)  

In subsection (6), after “proceedings” insert “or civil partnership

5

proceedings”.

      (6)  

In the heading to section 13, at the end insert “or civil partnership

proceedings”.

51    (1)  

Amend section 17 (orders for delivery of child) as follows.

      (2)  

In subsection (3), the existing words “by one party to a marriage for an order

10

for the delivery of the child concerned from the other party where the child,

although not a child of both parties to the marriage, is a child of the family

of those parties” become paragraph (a) and after that paragraph insert—

“(b)   

by one civil partner in a civil partnership for an order for the

delivery of the child concerned from the other civil partner

15

where the child concerned was a child of the family

constituted by the civil partnership,”.

      (3)  

In subsection (4)—

(a)   

after “parties” (in the first place) insert “to the marriage or as the case

may be by both civil partners”, and

20

(b)   

after “parties” (in the second place) insert “or civil partners”.

52         

In section 18(1) (interpretation), after the definition of “child” insert—

           

““civil partnership proceedings” means proceedings for dissolution or

declarator of nullity of a civil partnership or separation of civil

partners;”.

25

53         

In section 42(3) (interpretation), after “proceedings” (in the first place) insert

“or civil partnership proceedings (“civil partnership proceedings” having

the same meaning as in Chapter 3)”.

Housing (Scotland) Act 1987 (c. 26)

54         

In section 83 (“members of a person’s family”)—

30

(a)   

in subsection (1)(a), after “spouse” insert “or civil partner”,

(b)   

in subsection (2)(a), after “marriage” insert “or by virtue of civil

partnership”, and

(c)   

in subsection (3), after “references to” insert “that person’s civil

partner or to”.

35

Civil Evidence (Scotland) Act 1988 (c. 32)

55    (1)  

Amend section 8 (evidence in actions concerning family relationships, etc.)

as follows.

      (2)  

In subsection (2), for “separation or declarator of marriage, nullity of

marriage” substitute “for dissolution of civil partnership, for separation of

40

spouses or of civil partners, for declarator of marriage or of nullity of

marriage or of civil partnership or for”.

      (3)  

After subsection (3) insert—

“(3A)   

Subject to subsection (4) below, in any action for dissolution of civil

partnership, separation of civil partners or declarator of nullity of

45

 

 

Civil Partnership Bill [HL]
Schedule 28 — Consequential amendments: Scotland
Part 4 — Miscellaneous amendments

379

 

civil partnership, the evidence referred to in subsection (1) above

shall consist of or include evidence other than that of a partner in the

civil partnership (or purported civil partnership).”

      (4)  

In subsection (4), after “(3)” insert “or (3A)”.

Housing (Scotland) Act 1988 (c. 43)

5

56    (1)  

Amend section 31 (right of succession of spouse) as follows.

      (2)  

In subsection (1), after “spouse” (in both places) insert “or civil partner”.

      (3)  

In subsection (3)(b), after “spouse” insert “or civil partner”.

      (4)  

In subsection (4)—

(a)   

the existing words from “as his” to the end become paragraph (a),

10

and

(b)   

after that paragraph insert the following paragraph—

“(b)   

in a relationship which had the characteristics of the

relationship between civil partners shall be treated as

the tenant’s civil partner”.

15

57         

In Part 1 of Schedule 5 (grounds on which sheriff must order possession), in

paragraph (b) of ground 1, after “spouse’s” insert “or civil partner’s”.

Crofters (Scotland) Act 1993 (c. 44)

58         

In section 61(2) (interpretation), for “or husband” substitute “, husband or

civil partner”.

20

Civil Evidence (Family Mediation) (Scotland) Act 1995 (c. 6)

59         

In section 1(2) (inadmissibility in civil proceedings of information as to what

occurred during family mediation), after paragraph (c) insert the following

paragraph—

“(cc)   

between partners in a civil partnership or persons in a

25

purported civil partnership concerning matters arising out of

the breakdown or termination of their relationship,”.

Children (Scotland) Act 1995 (c. 36)

60    (1)  

Amend section 12 (restrictions on decrees for divorce, separation or

annulment affecting children) as follows.

30

      (2)  

In subsection (1), the existing words “divorce, judicial separation, or

declarator of nullity of marriage” become paragraph (a) and after that

paragraph insert “or” and the following paragraph—

“(b)   

dissolution or declarator of nullity of a civil partnership or

separation of civil partners,”.

35

      (3)  

In subsection (4)—

(a)   

the existing words from “the parties” to the end become paragraph

(a) (with the existing paragraphs (a) and (b) becoming sub-

paragraphs (i) and (ii)), and

(b)   

after the new paragraph (a) insert “or” and the following

40

 

 

Civil Partnership Bill [HL]
Schedule 28 — Consequential amendments: Scotland
Part 4 — Miscellaneous amendments

380

 

paragraph—

“(b)   

the partners in a civil partnership, means a child who

has been accepted by both partners as a child of the

family which their partnership constitutes.”.

61         

In section 54(2) (reference to the Principal Reporter by court), after

5

paragraph (a) insert—

“(aa)   

an action for dissolution or declarator of nullity of a civil

partnership or separation of civil partners;”.

Sexual Offences (Amendment) Act 2000 (c. 44)

62         

In section 3(2)(c) (abuse of position of trust: defence), after “to” insert “, or in

10

civil partnership with,”.

Housing (Scotland) Act 2001 (asp 10)

63         

In section 31(c) (effect of work on rent)—

(a)   

after “spouse” insert “or civil partner”, and

(b)   

for “husband and wife except that the persons are of the same sex”

15

substitute “civil partners”.

64    (1)  

Amend section 108 (meaning of “family” etc.) as follows.

      (2)  

In subsection (1)(a), after “spouse” insert “or civil partner”.

      (3)  

In subsection (2)(a), after “marriage” insert “or by virtue of civil

partnership”.

20

65    (1)  

Amend Schedule 2 (grounds for recovery of possession of house) as follows.

      (2)  

In paragraph 5—

(a)   

in sub-paragraph (a), after “spouse” insert “or civil partner”, and

(b)   

in sub-paragraph (b), for “husband and wife except that the persons

are of the same sex” substitute “civil partners”.

25

      (3)  

In paragraph 15—

(a)   

in sub-paragraph (a), for “(or former spouse)” substitute “or civil

partner (or former spouse or former civil partner)”, and

(b)   

in sub-paragraph (b), for “husband and wife except that the persons

are of the same sex” substitute “civil partners”.

30

66         

In Schedule 3 (succession: qualified persons), in paragraph 2(1)(a)—

(a)   

in sub-head (i), after “spouse” insert “or civil partner”, and

(b)   

in sub-head (ii), for “husband and wife except that the persons are of

the same sex” substitute “civil partners”.

Criminal Justice (Scotland) Act 2003 (asp 7)

35

67    (1)  

Amend section 14 (victim statements) as follows.

      (2)  

In subsection (10)(a), at the end insert “or civil partner”.

      (3)  

For subsection (11) substitute—

“(11)   

In subsection (10)(b), “cohabitee” means a person who has lived with

the victim—

40

(a)   

as if in a married relationship; or

 

 

Civil Partnership Bill [HL]
Schedule 29 — Repeals and revocations

381

 

(b)   

in a relationship which had the characteristics of the

relationship between civil partners,

   

for at least six months and was so living immediately before the

offence (or apparent offence) was perpetrated.”

Agricultural Holdings (Scotland) Act 2003 (asp 11)

5

68    (1)  

Amend section 71 (meaning of “family”) as follows.

      (2)  

In subsection (2)(a), after “spouse” insert “or civil partner”, and

      (3)  

In subsection (3)(a), after “marriage” insert “or by virtue of civil

partnership”.

Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13)

10

69    (1)  

Amend section 254 (meaning of “nearest relative”) as follows.

      (2)  

In subsection (2)(a), at the end insert “or civil partner”.

      (3)  

In subsection (3), after “spouse” insert “or civil partner”.

      (4)  

In subsection (7)(a)(ii), for “husband and wife except that the person and the

relevant person are of the same sex” substitute “civil partners”.

15

70         

In section 313(5)(a)(ii) (defence in respect of sexual offence), after “spouse”

insert “or civil partner”.

Schedule 29

Section 251(3)

 

Repeals and revocations

Family provision

20

 

Short title and chapter

Extent of repeal

 
 

Inheritance (Provision for

In section 3(2), “and,” immediately following

 
 

Family and Dependants) Act

paragraph (b).

 
 

1975 (c. 63)

  

Housing and tenancies

25

 

Short title and chapter

Extent of repeal

 
 

Housing Act 1980 (c. 51)

In section 54(2)(b), “or” at the end.

 
 

Housing Act 1985 (c. 68)

In each of sections 39(3)(c), 89(3)(a)(ii),

 
  

90(3)(a)(ii), 91(3)(b)(ii), 99B(2)(e)(ii),

 
  

101(3)(c)(ii) and 160(3)(c), and paragraph

 

30

  

1(2)(c)(iii) of Schedule 6A, “or” at the end.

 
 

Landlord and Tenant Act 1987

In section 4(2)(c)(v), “or” at the end.

 
 

(c. 31)

  
 

Housing Act 1988 (c. 50)

In paragraph 4(4)(c) of Schedule 11, “or” at the

 
  

end.

 

35

 

 

Civil Partnership Bill [HL]
Schedule 29 — Repeals and revocations

382

 
 

Short title and chapter

Extent of repeal

 
 

Housing Act 1996 (c. 52)

In sections 15(6)(c), 133(3)(a)(ii), 134(2)(a)(ii) and

 
  

160(2)(e)(ii) and (3)(d)(ii), “or” at the end.

 
 

Family Homes and Domestic Violence

 

Short title and chapter

Extent of repeal

 

5

 

Family Law Act 1996 (c. 27)

In section 63(1), the definition of “matrimonial

 
  

home rights”.

 
  

In Schedule 7, “or” at the end of paragraph 4(a)

 
  

and paragraph 7(6).

 
  

In Schedule 8, paragraphs 48(3), 53(2)(b) and

 

10

  

59(2)(b), and “and” immediately preceding

 
  

paragraphs 53(2)(b) and 59(2)(b).

 

Discrimination

 

Short title and chapter

Extent of repeal

 
 

Sex Discrimination Act 1975

Section 1(4).

 

15

 

(c. 27)

  

Social security, child support and tax credits

 

Short title and chapter

Extent of repeal or revocation

 
 

Social Security Contributions

In section 37(4) “or” at the end of paragraph (a).

 
 

and Benefits Act 1992 (c. 4)

In section 38(3), “or” at the end of paragraph (b).

 

20

  

In section 39A(2) and (5), “or” at the end of

 
  

paragraph (a).

 
  

In section 39B(5), “or” at the end of paragraph

 
  

(a).

 
  

Section 85(1).

 

25

  

In section 137(1), the definitions of “married

 
  

couple” and “unmarried couple”.

 
 

Social Security Administration

In section 74A(5), the definitions of “married

 
 

Act 1992 (c. 5)

couple” and “unmarried couple”.

 
 

Social Security Contributions

In section 37(4), “or” at the end of paragraph (a).

 

30

 

and Benefits (Northern

In section 38(3), “or” at the end of paragraph (b).

 
 

Ireland) Act 1992 (c. 7)

In section 39A(2) and (5), “or” at the end of

 
  

paragraph (a).

 
  

In section 39B(5), “or” at the end of paragraph

 
  

(a).

 

35

  

Section 85(1).

 
  

In section 133(1), the definitions of “married

 
  

couple” and “unmarried couple”.

 
 

Social Security Administration

In section 72A(5), the definitions of “married

 
 

(Northern Ireland) Act 1992

couple” and “unmarried couple”.

 

40

 

(c. 8)

  
 

Jobseekers Act 1995 (c. 18)

In section 35(1), the definitions of “married

 
  

couple” and “unmarried couple”.

 
 

 

Civil Partnership Bill [HL]
Schedule 29 — Repeals and revocations

383

 
 

Short title and chapter

Extent of repeal or revocation

 
 

Child Support Act 1995 (c. 34)

In section 10(7), the definitions of “married

 
  

couple” and “unmarried couple”.

 
 

Child Support (Northern

In Article 4(7), the definitions of “married

 
 

Ireland) Order 1995 (S.I.

couple” and “unmarried couple”.

 

5

 

1995/2702 (N.I. 13))

  
 

Jobseekers (Northern Ireland)

In Article 2(2), the definitions of “married

 
 

Order 1995 (S.I. 1995/2705

couple” and “unmarried couple”.

 
 

(N.I. 15))

  
 

State Pension Credit Act 2002

In section 17(1), the definitions of “married

 

10

 

(c. 16)

couple” and “unmarried couple”.

 
 

Tax Credits Act 2002 (c. 21)

In section 48(1), the definitions of “married

 
  

couple” and “unmarried couple”, and “and”

 
  

at the end of the definition of “tax year”.

 
 

State Pension Credit Act

In section 17(1), the definitions of “married

 

15

 

(Northern Ireland) 2002 (c. 14

couple” and “unmarried couple”.

 
 

(N.I.))

  
 

Minor and consequential amendments: general

 

Short title and chapter

Extent of repeal

 
 

Marriage Act 1949 (c. 76)

Section 1(6) to (8).

 

20

 

Consumer Credit Act 1974

In section 184(5), “and” immediately before

 
 

(c. 39)

“references”.

 
 

Estate Agents Act 1979 (c. 38)

In section 32(3), “and” immediately before

 
  

“references”.

 
 

Welfare Reform and Pensions

At the end of section 23(1)(a)(ii), “or”.

 

25

 

Act 1999 (c. 30)

At the end of section 24(b), “or”.

 
  

In sections 28(7)(a) and (9), 34(1)(b)(i) and (2)

 
  

and 48(6)(a) and (8) “matrimonial”.

 
 

Gender Recognition Act 2004

In Schedule 4, paragraph 2.

 
 

(c. 7)

  

30

Consequential amendments: Scotland

 

Short title and chapter

Extent of repeal

 
 

Damages (Scotland) Act 1976

In Schedule 1, “and” at the end of paragraph

 
 

(c. 13)

1(e).

 
 

Family Law (Scotland) Act 1985

In section 10(2), first “matrimonial”.

 

35

 

(c. 37)

  
 

Adults with Incapacity

In section 87, in subsection (1), in the definition

 
 

(Scotland) Act 2000 (asp 4)

of “nearest relative”, “, subject to subsection

 
  

(2),” and subsections (2) and (3).

 
 

 

 
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