Draft Order laid before the Scottish Parliament under section 259(8)(b) of the Civil Partnership Act 2004, for approval by resolution of the Scottish Parliament.
2005 No.
The Civil Partnership Act 2004 (Consequential Amendments) (Scotland) Order 2005
Made
Coming into force
The Scottish Ministers, in exercise of the powers conferred by section 259(1) to (3) of the Civil Partnership Act 20041 and of all other powers enabling them in that behalf, hereby make the following Order, a draft of which has in accordance with section 259(8)(b) of that Act been laid before and approved by resolution of the Scottish Parliament:
Citation, commencement and extent
1
This Order may be cited as the Civil Partnership Act 2004 (Consequential Amendments) (Scotland) Order 2005 and shall come into force on 5th December 2005.
2
This Order shall extend to Scotland only.
Amendment of the Human Tissue Act 19613
In section 1(2)(b) of the Human Tissue Act 19612, after “spouse” insert “, surviving civil partner”.
Amendment of the Conveyancing (Scotland) Act 19704
In section 19 (10B)(b)(ii) of the Conveyancing (Scotland) Act 19703–
a
after “matrimonial” insert “or family”; and
b
after “spouse” insert “or civil partner”.
Amendment of the Marriage (Scotland) Act 1977
5
The Marriage (Scotland) Act 19774 is amended as follows.
6
In section 2(1B), after paragraph (d) insert–
e
in the case of a man marrying the mother of a former civil partner of his, after the death of both the former civil partner and the former civil partner’s father;
f
in the case of a man marrying the former civil partner of his daughter, after the death of both his daughter and his daughter’s mother;
g
in the case of a woman marrying the father of her former civil partner, after the death of both the former civil partner and the former civil partner’s mother;
h
in the case of a woman marrying a former civil partner of her son, after the death of both her son and her son’s father.
7
In Schedule 1, for paragraphs 2 and 2A to that Schedule , substitute the following–
Relationships by affinity referred to in section 2(1A)
Daughter of former wife
Son of former husband
Daughter of former civil partner
Son of former civil partner
Former wife of father
Former husband of mother
Former civil partner of mother
Former civil partner of father
Former wife of father’s father
Former husband of father’s mother
Former civil partner of mother’s mother
Former civil partner of mother’s father
Former wife of mother’s father
Former husband of mother’s mother
Former civil partner of father’s mother
Former civil partner of father’s father
Daughter of son of former wife
Son of son of former husband
Daughter of son of former civil partner
Son of son of former civil partner
Daughter of daughter of former wife
Son of daughter of former husband
Daughter of daughter of former civil partner
Son of daughter of former civil partner
Relationships by affinity referred to in section 2(1B)
Mother of former wife
Father of former husband
Mother of former civil partner
Father of former civil partner
Former wife of son
Former husband of daughter
Former civil partner of daughter
Former civil partner of son
Amendment of the Land Registration (Scotland) Act 1979
8
The Land Registration (Scotland) Act 19795 is amended as follows.
9
In section 6(4), in the definition of “overriding interest”–
a
leave out “and”; and
b
after “1981” insert–
; and
iii
a non entitled civil partner within the meaning of section 106 of the Civil Partnership Act 2004.
10
In section 9(4), in the definition of “overriding interest”–
a
leave out “and”; and
b
after “1981” insert–
; and
iii
a non entitled civil partner within the meaning of section 106 of the Civil Partnership Act 2004.
11
In section 28, in the definition of “overriding interest” after paragraph (gg) insert–
gh
the non entitled civil partner within the meaning of section 106 of the Civil Partnership Act 2004;
Amendment of the Anatomy Act 198412
In sections 4(3)(b) and 6(3)(b) of the Anatomy Act 19846, after “spouse” insert “, surviving civil partner”.
Amendment of the Family Law Act 1986
13
The Family Law Act 19867 is amended as follows.
14
In sections 8, 9 and 10, after “matrimonial” insert “or civil partnership”.
15
1
Amend section 11 as follows.
2
In subsection (1)–
a
after “matrimonial” insert “or civil partnership”; and
b
after “marriage” insert “or civil partnership”.
3
In subsection (2), after “matrimonial” insert “or civil partnership”.
16
1
Amend section 13 as follows.
2
In subsection (1), after “matrimonial” insert “or civil partnership”.
3
For subsection (2), substitute–
2
A court in Scotland shall not have jurisdiction–
a
after the dismissal of matrimonial proceedings or after decree of absolvitor is granted therein; or
b
after the dismissal of civil partnership proceedings,
to entertain an application for a Part 1 order in those proceedings unless the application therefor was made on or before such dismissal or the granting of the decree of absolvitor.
4
In subsection (3)–
a
after “nullity of marriage” insert “or proceedings for dissolution or nullity of civil partnership”; and
b
after “the marriage” insert “or civil partnership”.
5
In subsection (4)–
a
after each occurrence of “matrimonial” insert “or civil partnership”; and
b
after “marriage” insert “or civil partnership”.
6
In subsection (6), after “matrimonial” insert “or civil partnership”.
17
In section 18(1), after the definition of “child” insert–
“civil partnership proceedings” means proceedings for dissolution or nullity of a civil partnership or for the separation of the partners in a civil partnership;
18
1
Amend section 42 as follows.
2
In subsection (3), after “matrimonial” insert “or civil partnership”; and
3
In subsection (4), after each occurrence of “marriage” insert “or civil partnership”.
Amendment of the Local Government Finance Act 199219
In section 77 of the Local Government Finance Act 19928–
a
in subsection (1)(a), after “is married to” insert “or in a civil partnership with”; and
b
after subsection (3), insert–
4
For the purposes of this section two persons are in a civil partnership if they are two persons of the same gender–
a
who have formed a civil partnership; or
b
who have not formed a civil partnership but are living together as if civil partners.
Amendment of the Crofters (Scotland) Act 199320
In section 11 of the Crofters (Scotland) Act 19939, after each occurrence of “spouse” insert “or civil partner”.
Amendment of the Mortgage Rights (Scotland) Act 2001
21
The Mortgage Rights (Scotland) Act 200110 is amended as follows.
22
1
Amend section 1 as follows.
2
In subsection 2(b)–
i
after each occurrence of “spouse” insert “or civil partner”; and
ii
after “matrimonial” insert “or family”.
3
In subsection 2(c), for “in a relationship which has the characteristics of the relationship between husband and wife, except that the persons are of the same sex,” substitute “as civil partners”.
4
In subsection 5(b)–
i
after “matrimonial” insert “or family”; and
ii
after “spouse” insert “or civil partner”.
23
In section 2(7) after the definition of “matrimonial home” and “non-entitled spouse”, insert–
“family home” and “civil partner” are to be construed in accordance with the Civil Partnership Act 2004 (c. 33).
Amendment of the Land Reform (Scotland) Act 200324
In section 40(4)(c) of the Land Reform (Scotland) Act 200311, after “spouses” insert “or civil partners”.
(This note is not part of the Order)