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Section 71 Meaning of “family”I1C1

(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 F1or civil partner 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 F2or by virtue of civil partnership 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).

Annotations

Textual amendments

F1

Words in s. 71(2)(a) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(10)(c), Sch. 28 para. 68(2); S.S.I. 2005/604, arts. 2(c), 4

F2

Words in s. 71(3)(a) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(10)(c), Sch. 28 para. 68(3); S.S.I. 2005/604, arts. 2(c), 4

Modifications

C1

S. 71 applied (28.2.2021) by The Agricultural Holdings (Relinquishment and Assignation) (Application to Relevant Partnerships) (Scotland) Regulations 2021 (S.S.I. 2021/106), regs. 1(1), 2(4)(d)(5)

Commencement

I1

S. 71 in force at 27.11.2003 by S.S.I. 2003/548, art. 2(f) (with Sch.)