The Civil Partnership Act 2004 (Relationships Arising Through Civil Partnership) (Scotland) Order 2005

Scottish Statutory Instruments

2005 No. 568

CIVIL PARTNERSHIP

The Civil Partnership Act 2004 (Relationships Arising Through Civil Partnership) (Scotland) Order 2005

Made

10th November 2005

Laid before the Scottish Parliament

11th November 2005

Coming into force

5th December 2005

The Scottish Ministers, in exercise of the powers conferred upon them by section 247 of the Civil Partnership Act 2004(1) and all other powers enabling them in that behalf, hereby make the following Order:

Citation, commencement and extent

1.—(1) This Order may be cited as the Civil Partnership Act 2004 (Relationships Arising Through Civil Partnership) (Scotland) Order 2005 and shall come into force on 5th December 2005.

(2) This Order extends to Scotland only.

Amendment of Schedule 21 to the Civil Partnership Act 2004

2.  In Schedule 21 to the Civil Partnership Act 2004 (references to stepchildren etc. in existing Acts) at the appropriate places insert–

• “Paragraph 2(a) of Schedule 1 to the Damages (Scotland) Act 1976(2);”;

• “Section 71(3)(c) of the Agricultural Holdings (Scotland) Act 2003(3);

• Section 254(6)(b) of the Mental Health (Care and Treatment) (Scotland) Act 2003(4).”.

HUGH HENRY

Authorised to sign by the Scottish Ministers

St Andrew’s House, Edinburgh

10th November 2005

Explanatory Note

(This note is not part of the Order)

This Order amends Schedule 21 to the Civil Partnership Act 2004 (“the 2004 Act”) to insert references to specific provisions of the Damages (Scotland) Act 1976, the Agricultural Holdings (Scotland) Act 2003 and the Mental Health (Care and Treatment) (Scotland) Act 2003 in that Schedule. This has the effect that references to “step” relationships in these provisions are read as including relationships arising through civil partnership.

(1)

2004 c. 33.

(2)

1976 c. 13.

(3)

2003 asp 11.

(4)

2003 asp 13.