Explanatory Notes

Civil Partnership Act 2004

2004 CHAPTER 33

18th November 2004

Commentary on Sections

Part 2 – Civil Partnership: England and Wales.Introduction

Chapter 6 – Miscellaneous
Section 83: Fatal accidents claims

166.This section extends the provisions of the Fatal Accidents Act 1976 to include civil partners, so that where a person’s death is caused by the wrongful act, neglect or default of another person, a civil partner of the deceased will be able to claim compensation in the same way as a spouse.

167.Subsections (2) and (3) widen the definition of “dependant” for the purposes of a right of action under the 1976 Act to include a civil partner of the deceased, a person living as the civil partner of the deceased and a former civil partner of the deceased. Subsection (4) widens the definition of “dependant” to include any person (not being a child of the deceased) who was treated by the deceased as a child of the family, in relation to any civil partnership to which the deceased was at any time a party.

168.Subsections (5) to (8) make consequential provision related to these changes.