Part 6

Rights of certain persons where tenant is a partnership

Meaning of “family”
71
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).