|
| |
|
37 | In section 44(1)(b) (request for order requiring private examination of certain |
| |
| |
(a) | after “debtor’s spouse” insert “or civil partner”, and |
| |
(b) | after “such spouse” insert “, civil partner”. |
| |
38 | In section 51(3)(b) (meaning of “postponed debt”), at the end insert “or civil |
| 5 |
| |
39 | In section 74 (interpretation), in each of subsections (2) and (4), for “husband |
| |
or wife” (in each place) substitute “husband, wife or civil partner”. |
| |
40 (1) | Amend Schedule 1 (determination of amount of creditor’s claim) as follows. |
| |
(2) | In paragraph 2(1)(a), the words “in the case of spouses (or, where the aliment |
| 10 |
is payable to a divorced person in respect of a child, former spouses)” |
| |
become paragraph 2(1)(a)(i). |
| |
(3) | At the end of paragraph 2(1)(a)(i) insert “, or |
| |
(ii) | in the case of civil partners (or, where the aliment is |
| |
payable to a former civil partner in respect of a |
| 15 |
child after dissolution of a civil partnership, former |
| |
| |
(4) | In paragraph 2(2), after “divorce” insert “or on dissolution of a civil |
| |
| |
| 20 |
| |
Damages (Scotland) Act 1976 (c. 13) |
| |
41 (1) | In Schedule 1 (definition of “relative”), amend paragraph 1 as follows. |
| |
(2) | In sub-paragraph (a)— |
| |
(a) | after “spouse” (in both places) insert “or civil partner”, and |
| 25 |
(b) | at the end insert “or in a relationship which had the characteristics of |
| |
the relationship between civil partners”. |
| |
(3) | After sub-paragraph (e), omit “and”. |
| |
(4) | After sub-paragraph (f), insert “and |
| |
(g) | any person who, having been a civil partner of the deceased, |
| 30 |
had ceased to be so by virtue of the dissolution of the civil |
| |
| |
Marriage (Scotland) Act 1977 (c. 15) |
| |
42 | Amend section 3 (notice of intention to marry) as follows— |
| |
(a) | in subsection (1), after paragraph (a) insert— |
| 35 |
“(aa) | if he has previously been in civil partnership and the |
| |
civil partnership has been dissolved, a copy of the |
| |
decree of dissolution or annulment;”, and |
| |
(b) | in subsection (2), after “paragraph (a)” insert “, (aa)”. |
| |
43 | In section 5(4)(b) (ground on which there is a legal impediment to a |
| 40 |
marriage), at the end insert “or in civil partnership”. |
| |
|
| |
|
| |
|
Presumption of Death (Scotland) Act 1977 (c. 27) |
| |
44 (1) | Amend section 1(3) (jurisdiction of Court of Session to entertain action of |
| |
| |
(2) | In paragraph (b)(i), after “spouse” insert “or civil partner”. |
| |
(3) | After paragraph (b) insert “; or |
| 5 |
“(c) | in a case where the pursuer in the action is the civil partner of |
| |
the missing person, the following conditions are met— |
| |
(i) | the two people concerned registered as civil partners |
| |
of each other in Scotland; and |
| |
(ii) | it appears to the court to be in the interests of justice |
| 10 |
to assume jurisdiction in the case.” |
| |
45 (1) | Amend section 3 (effect of decree) as follows. |
| |
(2) | In subsection (1), after “marriage” insert “or of a civil partnership”. |
| |
| |
(a) | after first “marriage” insert “or civil partnership”, and |
| 15 |
(b) | for “the dissolution of the marriage” substitute “its dissolution”. |
| |
Administration of Justice Act 1982 (c. 53) |
| |
46 | In section 13(1) (interpretation), in the definition of “relative”, after |
| |
| |
“(aa) | the civil partner or former civil partner;”. |
| 20 |
Rent (Scotland) Act 1984 (c. 58) |
| |
47 | In Schedule 1 (statutory tenants by succession)— |
| |
(a) | in paragraph 2, after “spouse” (in both places) insert “or civil |
| |
partner” and after “spouse’s” insert “or civil partner’s”, and |
| |
(b) | in paragraph 6, after “spouse” (in both places) insert “or civil |
| 25 |
| |
48 | In Schedule 1A (statutory or statutory assured tenants by succession: certain |
| |
| |
(a) | in sub-paragraph (1), after “spouse” (in both places) insert “or civil |
| |
partner” and after “spouse’s” insert “or civil partner’s”, |
| 30 |
(b) | in sub-paragraph (2), at the end insert “and a person who was living |
| |
with the original tenant in a relationship which had the |
| |
characteristics of the relationship between civil partners shall be |
| |
treated as the civil partner of the original tenant”, and |
| |
(c) | in sub-paragraph (3), after “couples)” insert “or under section 101 of |
| 35 |
the Civil Partnership Act 2004” and after “spouse” insert “, or as the |
| |
case may be as the surviving civil partner,”. |
| |
Mental Health (Scotland) Act 1984 (c. 36) |
| |
49 (1) | Amend section 53 (definition of “relative” and “nearest relative”) as follows. |
| |
(2) | In subsection (1)(a), at the end insert “or civil partner”. |
| 40 |
| |
|
| |
|
| |
|
(a) | in paragraph (b), for “or wife” substitute “, wife or civil partner” and |
| |
after “spouse” insert “or civil partner”, and |
| |
(b) | in paragraph (c), after “wife,” insert “civil partner,”. |
| |
(4) | After subsection (5) insert— |
| |
“(5A) | In this section “civil partner” includes a person who is living with the |
| 5 |
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 |
| |
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 |
| 10 |
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.” |
| |
(5) | In subsection (6)(b)— |
| |
(a) | after “married patient” insert “or of a partner in a civil partnership”, |
| 15 |
| |
(b) | after “wife” insert “, or as the case may be the civil partner,”. |
| |
50 | In section 54 (children and young persons in care of local authority), for “or |
| |
wife” substitute “, wife or civil partner”. |
| |
Housing Associations Act 1985 (c. 69) |
| 20 |
51 (1) | Amend section 105 (meaning of “member of a person’s family”) as follows. |
| |
(2) | In subsection (1)(a)— |
| |
(a) | after “spouse” insert “or civil partner”, and |
| |
(b) | at the end insert “or in a relationship which has the characteristics of |
| |
the relationship between civil partners”. |
| 25 |
(3) | In subsection (2)(a), after “a relationship by marriage” insert “or civil |
| |
| |
Debtors (Scotland) Act 1987 (c. 18) |
| |
52 | In section 106 (interpretation), in paragraph (a) of the definition of |
| |
| 30 |
(a) | after “divorce” insert “or on dissolution of a civil partnership”, and |
| |
(b) | after “marriage” insert “or of nullity of a civil partnership”. |
| |
Housing (Scotland) Act 1987 (c. 26) |
| |
53 | In section 83 (“members of a person’s family”)— |
| |
(a) | in subsection (1)(a), after “spouse” insert “or civil partner”, |
| 35 |
(b) | in subsection (2)(a), after “marriage” insert “or by virtue of civil |
| |
| |
(c) | in subsection (3), after “references to” insert “that person’s civil |
| |
| |
Civil Evidence (Scotland) Act 1988 (c. 32) |
| 40 |
54 (1) | Amend section 8 (evidence in actions concerning family relationships, etc.) |
| |
| |
|
| |
|
| |
|
(2) | In subsection (2), for “separation or declarator of marriage, nullity of |
| |
marriage” substitute “for dissolution of civil partnership, for separation of |
| |
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— |
| 5 |
“(3A) | Subject to subsection (4) below, in any action for dissolution of civil |
| |
partnership, separation of civil partners or declarator of nullity of |
| |
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).” |
| 10 |
(4) | In subsection (4), after “(3)” insert “or (3A)”. |
| |
Housing (Scotland) Act 1988 (c. 43) |
| |
55 (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”. |
| 15 |
| |
(a) | the existing words from “as his” to the end become paragraph (a), |
| |
| |
(b) | after that paragraph insert the following paragraph— |
| |
“(b) | in a relationship which had the characteristics of the |
| 20 |
relationship between civil partners shall be treated as |
| |
the tenant’s civil partner”. |
| |
56 | 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) |
| 25 |
57 | In section 61(2) (interpretation), for “or husband” substitute “, husband or |
| |
| |
Civil Evidence (Family Mediation) (Scotland) Act 1995 (c. 6) |
| |
58 | In section 1(2) (inadmissibility in civil proceedings of information as to what |
| |
occurred during family mediation), after paragraph (c) insert the following |
| 30 |
| |
“(cc) | between partners in a civil partnership or persons in a |
| |
purported civil partnership concerning matters arising out of |
| |
the breakdown or termination of their relationship,”. |
| |
Children (Scotland) Act 1995 (c. 36) |
| 35 |
59 (1) | Amend section 12 (restrictions on decrees for divorce, separation or |
| |
annulment affecting children) as follows. |
| |
(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— |
| 40 |
“(b) | dissolution or declarator of nullity of a civil partnership or |
| |
separation of civil partners,”. |
| |
|
| |
|
| |
|
| |
(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 |
| 5 |
| |
“(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.”. |
| |
60 | In section 54(2) (reference to the Principal Reporter by court), after |
| 10 |
| |
“(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) |
| |
61 | In section 3(2)(c) (abuse of position of trust: defence), after “to” insert “, or in |
| 15 |
civil partnership with,”. |
| |
Housing (Scotland) Act 2001 (asp 10) |
| |
62 | 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” |
| 20 |
substitute “civil partners”. |
| |
63 (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 |
| |
| 25 |
64 (1) | Amend Schedule 2 (grounds for recovery of possession of house) as follows. |
| |
| |
(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”. |
| 30 |
| |
(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”. |
| 35 |
65 | 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) |
| 40 |
66 (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 |
| |
| |
(a) | as if in a married relationship; or |
| |
(b) | in a relationship which had the characteristics of the |
| 5 |
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) |
| |
67 (1) | Amend section 71 (meaning of “family”) as follows. |
| 10 |
(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 |
| |
| |
Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13) |
| |
68 (1) | Amend section 254 (meaning of “nearest relative”) as follows. |
| 15 |
(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”. |
| |
69 | In section 313(5)(a)(ii) (defence in respect of sexual offence), after “spouse” |
| 20 |
insert “or civil partner”. |
| |
| |
| |
Minor and consequential amendments: Northern Ireland |
| |
Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.)) |
| |
1 | In section 46 (miscellaneous definitions), in subsection (2), after the |
| 25 |
definition of “barrister-at-law” insert— |
| |
| ““civil partnership” means a civil partnership which exists under the |
| |
Civil Partnership Act 2004 (and any reference to a civil partner shall |
| |
be construed accordingly);”. |
| |
Trustee Act (Northern Ireland) 1958 (c. 23 (N.I.)) |
| 30 |
2 (1) | Amend section 32(3)(a) (trust on reaching 18 or marrying under that age of |
| |
accumulations during infancy) as follows. |
| |
(2) | In sub-paragraph (i)— |
| |
(a) | after “marries under that age” insert “or forms a civil partnership |
| |
| 35 |
(b) | for “or until his marriage” substitute “, or until his marriage or his |
| |
formation of a civil partnership,”. |
| |
|
| |
|
| |
|
(3) | In sub-paragraph (ii), after “marriage” insert “, or on formation of a civil |
| |
| |
(4) | In the words after that sub-paragraph, after “marriage” insert “or formation |
| |
| |
3 (1) | Amend section 34(1)(b) (trust to maintain principal beneficiary and his |
| 5 |
spouse and issue on failure of protective trust under paragraph (a)(ii)) as |
| |
| |
(2) | In sub-paragraphs (i) and (ii), for “wife or husband” substitute “spouse or |
| |
| |
(3) | In sub-paragraph (ii), after “married” insert “or formed a civil partnership”. |
| 10 |
Perpetuities Act (Northern Ireland) 1966 (c. 2 (N.I.)) |
| |
4 (1) | Amend section 3 (uncertainty as to remoteness) as follows. |
| |
(2) | In subsection (4)(a), after “spouse” insert “or civil partner”. |
| |
(3) | In subsection (5)(f), after “spouse” insert “or civil partner”. |
| |
5 (1) | Amend section 5 (condition relating to death of surviving spouse) as |
| 15 |
| |
(2) | After “spouse” insert “or civil partner”. |
| |
(3) | In the heading to section 5, after “spouse” insert “or civil partner”. |
| |
Office and Shop Premises Act (Northern Ireland) 1966 (c.26 (N.I.)) |
| |
6 | In section 2 (exception for premises in which only employer’s relatives or |
| 20 |
outworkers work), in subsection (1), after “wife” insert “, civil partner”. |
| |
Maintenance and Affiliation Orders Act (Northern Ireland) 1966 (c. 35 (N.I.)) |
| |
7 | In section 10 (orders to which Part 2 of the Act applies), in subsection (2), |
| |
after paragraph (h) insert— |
| |
“(i) | paragraph 2(1)(a) or (d), 33, 34(3) or 36(1)(a) or (d) |
| 25 |
of Schedule 15, Schedule 16, or paragraph 9 of |
| |
Schedule 17 so far as that paragraph applies Part 1 |
| |
of Schedule 15, to the Civil Partnership Act 2004;”. |
| |
8 (1) | Amend section 13 (variation of orders registered in courts of summary |
| |
jurisdiction) as follows. |
| 30 |
(2) | In subsection (5A), after “1980” insert “or paragraph 42 of Schedule 16 to the |
| |
Civil Partnership Act 2004”. |
| |
(3) | In subsection (7B), after “1989” insert “or paragraph 9 of Schedule 17 so far |
| |
as that paragraph applies Part 1 of Schedule 15”. |
| |
Census Act (Northern Ireland) 1969 (c.8 (N.I.)) |
| 35 |
9 | In the Schedule (matters of which particulars may be required), in paragraph |
| |
5, after “marriage” insert “or civil partnership”. |
| |
Theft Act (Northern Ireland) 1969 (c. 16 (N.I.)) |
| |
10 (1) | Amend section 29(1) (effect on civil proceedings and rights) as follows. |
| |
|
| |
|