2005 No. 623
CIVIL PARTNERSHIP

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 1961

3.

In section 1(2)(b) of the Human Tissue Act 19612, after “spouse” insert “, surviving civil partner”.

Amendment of the Conveyancing (Scotland) Act 1970

4.

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 Schedule 1, for paragraph 2 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”

Amendment of the Land Registration (Scotland) Act 1979

7.

The Land Registration (Scotland) Act 19795 is amended as follows.

8.

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.”.

9.

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.”.

10.

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 1984

11.

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

12.

The Family Law Act 19867 is amended as follows.

13.

In sections 8, 9 and 10, after “matrimonial” insert “or civil partnership”.

14.

(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”.

15.

(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”.

16.

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;”.

17.

(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 1992

18.

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 1993

19.

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

20.

The Mortgage Rights (Scotland) Act 200110 is amended as follows.

21.

(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”.

22.

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 2003

23.

In section 40(4)(c) of the Land Reform (Scotland) Act 200311, after “spouses” insert “or civil partners”.
HUGH HENRY
Authorised to sign by the Scottish Ministers

St Andrew’s House, Edinburgh

(This note is not part of the Order)

This Order makes provision consequential on the Civil Partnership Act 2004.

It amends primary legislation to ensure that civil partners are given parity of treatment with spouses in areas of the law that are not contained within that Act.