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SCHEDULE 28SConsequential amendments: Scotland

Part 4 SMiscellaneous amendments

Presumption of Death (Scotland) Act 1977 (c. 27)S

45(1)Amend section 1(3) (jurisdiction of Court of Session to entertain action of declarator) as follows.S

(2)In paragraph (b)(i), after “spouse” insert “ or civil partner ”.

(3)After paragraph (b) insert ; or

(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 to assume jurisdiction in the case.