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(1)For the purposes of section 70(8)(d), who the members of a person’s family are is to be construed in accordance with subsections (2) and (3).
(2)A person (“AG”) is a member of another person’s family if—
(a)AG is the person’s spouse or AG and the person live together as husband and wife or in a relationship which has the characteristics of the relationship between husband and wife except that AG and the person are of the same sex; or
(b)AG is the person’s parent, grandparent, child, grandchild, sibling, uncle, aunt, nephew, niece or cousin.
(3)For the purposes of subsection (2)(b)—
(a)a relationship by marriage is to be treated as a relationship by blood;
(b)a relationship of the half-blood is to be treated as a relationship of the whole blood;
(c)if AG is—
(i)the stepchild of the person, AG is to be treated as the person’s child;
(ii)the step-parent of the person, AG is to be treated as the person’s parent;
(d)if AG is brought up or treated by the person as if the person’s child, AG is to be treated as the person’s child.
(4)The Scottish Ministers may by order modify (any or all) subsections (1) to (3).
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Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills
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