3.E.2.—(1) A person is a surviving nominated partner in relation to a member for the purposes of this Part if—
(a)the person and the member jointly made and signed a declaration in such form as the Scottish Ministers require that remains effective at the member’s death; and
(b)the person satisfies the Scottish Ministers that for a continuous period of two years ending with the member’s death—
(i)the person and the member were living together in an exclusive relationship as if they were husband and wife or civil partners;
(ii)the person and the member were not prevented from marrying or forming a civil partnership; and
(iii)the person was financially dependent on the member or the person and the member were financially interdependent.
(2) A declaration for the purposes of paragraph (1)(a) ceases to have effect if—
(a)it is revoked by the member or other person by a signed notice in writing to the Scottish Ministers in such form as the Scottish Ministers may require or are willing to accept;
(b)the member makes a further declaration for the purpose of paragraph (1)(a); or
(c)the person or the member marries or forms a civil partnership.
(3) In the case of a 2008 Section Optant, this regulation is subject to regulation 3.K.19.
(4) In the case of a Waiting Period Joiner, this regulation is subject to regulation 3.L.2.